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HomeMy WebLinkAbout2022 0920Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Presentation Agenda Section: Subject: Presentation to the Hebb's for their commitment and combined years of service to the City. (Charters/Williams) Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 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: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular meeting minutes from September 6, 2022. (Stewart) Suggested Action: Attachments: September 6, 2022 DRAFT Minutes.pdf 8 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 SEPTMBER 6, 2022 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 6th day of September 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, Deputy Mayor Pro Tem David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Present Present Present Present Absent (Personal) Present Present And with 6 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 6:30 p.m. 1.2 Invocation Father Joy Joseph from Holy Cross Catholic 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 Proclamation recognizing September 2022 as “Suicide Prevention Awareness Month.” Mayor proclaimed September 2022 as “Suicide Prevention Awareness Month.” Brittany Waymack, Chief Operating Officer for Denton County’s MHMR Center, accepted the proclamation. Councilman Marks arrived at 6:33 p.m. 1.6 Proclamation recognizing September 2022 as United Way of Denton County – LIVE UNITED Month. Mayor proclaimed September 2022 as “United Way of Denton County – LIVE UNITED Month.” Joe Perez, Marketing Director, accepted the proclamation. 9 City Council – Regular Meeting Agenda September 6, 2022 Page| 2 1.7 Proclamation recognizing the first full week of September 2022 as “Payroll Week.” **No discussion on this item** 1.8 Items of Community Interest 1.8.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None. 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Wade; second by Holtz, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from August 16, 2022. 4.2 Consider approving Council expenditures for July 2022. 4.3 Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of Coppell for the purchase of goods and services. RESOLUTION NO. 2022-056 4.4 Consider approving a resolution authorizing the City Manager to execute a Municipal Building #5 Lease Agreement with Lakeside Community Theater for the Fiscal Year 2022-23. RESOLUTION NO. 2022-057 4.5 Consider approving a resolution authorizing the City Manager to execute a Government Center Lease Agreement with American Legion Holley-Riddle Post 21 for the Fiscal Year 2022-23. 10 City Council – Regular Meeting Agenda September 6, 2022 Page| 3 RESOLUTION NO. 2022-058 4.6 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $71,487.00 with URETEC USA, Inc. for roadway lifting services on Ladybank, Hanover Court and Lochside in the Tribute. RESOLUTION NO. 2022-059 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution amending the Fiscal Year 2021-2022 Master Fee Schedule for the Fiscal Year 2022-2023, effective October 1st, 2022. Assistant City Manager, Tim Miller, gave an overview of the amended Fiscal Year 2021-2022 Master Fee Schedule for the Fiscal Year 2022-2023. Motion to approve– Wade; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2022-060 5.2 Conduct a public hearing, discuss and consider an ordinance approving the proposed 2022-2023 tax rate not to exceed $0.6450 cents per $100 valuation for the taxable value of real and personal property located within the City of The Colony. Assistant City Manager, Tim Miller, presented the proposed ordinance to Council. Mr. Miller stated that the tax rate is being reduced by ½ a cent from $.65 to $.6450. The public hearing opened and closed at 6:50 p.m. with no speakers. Motion to approve that the property tax rate be increased by the adoption of a tax rate of $.6450, which is effectively a 5.2% increase in the tax rate- Wade; second by Marks, motion carried with all ayes. ORDINANCE NO. 2022-2485 5.3 Discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning October 1, 2022 through September 30, 2023; providing for intra and inter departmental fund transfers; providing that expenditures for said Fiscal Year to be made in accordance with said budget. Assistant City Manager, Tim Miller, reviewed the preliminary municipal budget for FY 2022-2023 with Council. 11 City Council – Regular Meeting Agenda September 6, 2022 Page| 4 Motion to approve- Schrag; second by Marks, motion carried with all ayes. ORDINANCE NO. 2022-2486 5.4 Discuss and consider approving an ordinance levying of the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1 for the Fiscal Year 2022-23. ***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION*** 5.5 Conduct a public hearing, discuss and consider approving a Gateway Standards Waiver from Section 10A-600 (e) to allow 1) the location of parking between the right of way and the building façade to be 165 feet, where 100 feet is the maximum and 2) 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 contains approximately 2.33 acres and is located at 4675 SH 121 within the General Retail (GR) zoning district and the Gateway Overlay District. Planning Director, Isaac Williams, gave an overview of this item and answered questions relative to it. The public hearing was opened and closed at 7:01 p.m. with no speakers. Motion to deny– Schrag; second by Wade, motion carried with all ayes. 5.6 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a Park [or playground, public]. The subject site contains approximately 11.3 acres zoned Agricultural (A) and located west of the intersection of Castlebridge and Bridge Lane within The Tribute community. Planning Director, Isaac Williams, reviewed the Specific Use Permit with the Council to allow for a park at the requested location. The public hearing opened and closed at 7:11 p.m. with no speakers. Representative, Kristian Teleki, answered questions from the Council relative to the request. Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes. ORDINANCE NO. 2022-2487 5.7 Conduct a public hearing, discuss and consider an ordinance approving a Planned Development Amendment to Planned Development 25- Ordinance Number 2011- 1927 (as amended), Exhibit “C”, entitled “Development Regulations” by adding 12 City Council – Regular Meeting Agenda September 6, 2022 Page| 5 “Dance Hall” and “Clinic” uses and definitions within the approximately 433 acre tract known as Grandscape. Planning Director, Isaac Williams, reviewed the item and answered questions from the Council. The public hearing was opened at 7:19 p.m. and closed at 7:20 p.m. with no speakers. Motion to approve– Marks; seconded by Holtz, motion carried with all ayes. 5.8 Discuss and consider an ordinance regarding a Site Plan application of “Clean Freak Car Wash,” an approximately 5,200 square-foot auto laundry building of an approximately 1.98 acre tract. The subject site is located at 4843 Main Street, and north of the intersection of Friendship Lane (Ridgepointe) and F.M. 423 (Main Street) within the General Retail (GR) zoning district and the Gateway Overlay District. Planning Director, Isaac Williams, gave an overview of the proposed site plan application. Vincent Pham, 4906 Main Street, spoke in opposition of the proposed ordinance. On behalf of True Blue Carwash, Representative Kathy Halter expressed their desire to locate “Clean Freak Car Wash” in the community. Motion to approve with sound study– Schrag; seconded by Wade, motion carried with all ayes. ORDINANCE NO. 2022-2489 5.9 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. Planning Director, Isaac Williams, gave an overview of the item. The public hearing was opened at 7:47 p.m. April Babin, 5721 Squires Drive, spoke in opposition of the proposed ordinance. MBL Consultants, Don Owen and Doak Leggett, on behalf of Verizon, appeared before Council to answer questions. Motion to continue public hearing and action to September 20, 2022- Marks; seconded by Ensweiler, motion carried with all ayes. 13 City Council – Regular Meeting Agenda September 6, 2022 Page| 6 5.10 Discuss and consider an ordinance approving a Variance to permit an alternative landscape and screening method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. ***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION*** 5.11 Discuss and consider approving a resolution authorizing the City Manager to execute a Communications Facility License Agreement with Cellco Partnership d/b/a Verizon Wireless. ***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION*** Executive Session was convened at 8:15 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Regular Session was reconvened at 9:32 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). No Action B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Motion to amend the City Manager contract terms as discussed in executive session-Wade; second by Ensweiler, motion carried with all ayes. 14 City Council – Regular Meeting Agenda September 6, 2022 Page| 7 ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:33 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 15 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of Rowlett for the purchase of goods and services. (Cranford) Suggested Action: An interlocal agreement with Coppell will help the City better utilize vendors in North Texas. Attachments: Interlocal Agreement with the City of Rowlett.pdf Res. 2022-xxx Interlocal Agreement with the City of Rowlett.pdf 16 Inter Local Agreement for Cooperative Purchasing 72873 STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DALLAS § This Interlocal Cooperation Agreement (“Agreement”) is by and between the City of The Colony, Texas (“The Colony”), and the City of Rowlett, Texas (“Rowlett”), acting by and through their authorized officers. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEX. LOC. GOV’T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and materials; and WHEREAS, each party has and will on an annual basis obtain competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase under goods and services under each other’s competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other’s competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE. ARTICLE II TERM The term of this Agreement shall be for a period of one (1) ye ar commencing on the last date of execution hereof (“Effective Date”). Thereafter this Agreement shall automatically 17 Inter Local Agreement for Cooperative Purchasing 72873 renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or other designee for each party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall make payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE. Each party shall be responsible for the respective vendor’s compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 Severability: In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisi ons, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. 5.6 Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or 18 Inter Local Agreement for Cooperative Purchasing 72873 written agreement between the parties that in any manner relates to the subject matter of this Agreement. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. EXECUTED this _______ day of _________________________, 2022. CITY OF THE COLONY, TEXAS By: Troy Powell, City Manager The Colony, Texas ATTEST: By: Tina Stewart, City Secretary The Colony, Texas EXECUTED this_______ day of_________________________, 2022. CITY OF ROWLETT, TEXAS By: ______________________________________ Brian Funderburk, City Manager 4000 Main Street Rowlett, Texas 75088 ATTEST: By: ______________________________ Laura Hallmark, City Secretary APPROVED AS TO FORM __________________________________ David Berman, City Attorney 19 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF ROWLETT; 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 an interlocal agreement with the City of Rowlett. Section 2. That the City Manager or his designee is authorized to approve the interlocal agreement. 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 20TH DAY OF SEPTEMBER 2022. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 20 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000 for the City of The Colony to provide fire protection services beginning October 1, 2021 through September 30, 2022 (Thompson) Suggested Action: Attachments: Interlocal Cooperation Agreement with Denton County FY 2021 - 2022 (Fire Protection).pdf EXHIBIT A - FIRE.pdf Res. 2022-xxx Fire Protection Interlocal Agreement with Denton County.pdf 21 2021-2022 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 1 of 6 THE COUNTY OF DENTON § § CITY OF THE COLONY § FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2021, is made and entered into by and between Denton County, Texas (“the COUNTY”), and the The Colony Fire Department (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of The Colony; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2021, and ending September 30, 2022. II. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of The Colony in circumstances of emergency, but which services will now be extended to all citizens 22 2021-2022 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 2 of 6 of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safet y and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as “The Colony” as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 3900 Morse St., 2nd Floor, Denton, Texas 76208. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY’s equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 23 2021-2022 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 3 of 6 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum of $650.00 per fire call in the designated unincorporated areas of the COUNTY from October 1, 2021, to September 30, 2022. The COUNTY anticipates the AGENCY to run approximately 0 fire calls for a total funding of $0.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $10,000.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review b y the COUNTY, upon request by the COUNTY. 24 2021-2022 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 4 of 6 VI. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 25 2021-2022 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 5 of 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 26 2021-2022 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 6 of 6 XVI. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. Denton County, Texas City of The Colony 1 Courthouse Drive, Suite 3100 4900 Blair Oaks Denton, Texas 762018 The Colony, Texas 75056 By By _____________________________ Andy Eads Name ___________________________ Denton County Judge Title ____________________________ ATTEST: ATTEST: By: _________________________ By: _________________________ Denton County Clerk City Secretary APPROVED AS TO CONTENT: By: Denton County Fire Marshal AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 27 28 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - __________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES TO THE UNINCORPORATED AREAS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing fire protection services to the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of the City providing fire protection services to the unincorporated areas of Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for providing fire protection services to the unincorporated areas of Denton County. Section 2. 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 20TH DAY OF SEPTEMBER 2022. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 29 ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 30 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $19,815.00 for the City of The Colony to provide emergency medical services beginning October 1, 2021 through September 30, 2022 (Thompson) Suggested Action: Attachments: Interlocal Cooperation Agreement with Denton County (Ambulance).pdf EXHIBIT A - AMBULANCE.pdf Res. 2022-xxx Ambulance Interlocal Agreement with Denton County.pdf 31 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 1 of 7 THE COUNTY OF DENTON § § CITY OF THE COLONY § AMBULANCE SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2021, is made and entered into by and between Denton Count y, Texas (“the COUNTY”), and the City of The Colony, Texas (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of The Colony; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safet y Code, Section 774.003, and 32 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 2 of 7 NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2021, and ending on September 30, 2022. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. “Rural area” means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. “Urban area” means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. “Emergency ambulance call” means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. 33 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 3 of 7 III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of The Colony in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. 34 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 4 of 7 V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $19,815.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .4222 per capita; said sum computes to $19,211.39. 2. A fixed sum of $244.5652 per ambulance transport for an estimated maximum amount of $ 0.00. Said sum is based upon 0 transports made by the AGENCY in fiscal year 2021. 3. A fixed sum based on .87 rural miles in the agreed operating territory; said sum computes to $603.46. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an “ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service b y the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review b y the COUNTY, upon request by the COUNTY. 35 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 5 of 7 VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 36 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 6 of 7 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. 37 2021-2022 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 7 of 7 XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. COUNTY: AGENCY: Denton County, Texas City of The Colony 1 Courthouse Drive, Suite 3100 6800 Main Street Denton, Texas 76208 The Colony, Texas 75056 By: By: Andy Eads Name _________________________ Denton County Judge Title __________________________ ATTEST: ATTEST: By:_________________________ By: _________________________ Denton County Clerk City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: By: By: Denton County Fire Marshal City Attorney AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 38 39 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR THE PURPOSE OF PROVIDING AMBULANCE SERVICES TO THE UNINCORPORATED AREAS OF DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing ambulance services to persons in the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of the City providing ambulance services to the unincorporated areas of Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County in the amount of $19,815.00 for providing ambulance services to the unincorporated areas of Denton County. Section 2. 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 20TH DAY OF SEPTEMBER 2022. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 40 ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 41 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Consider approving Shannon Hebb's resignation from the Planning and Zoning Commission Board. (Council) Suggested Action: Attachments: 42 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: [CONTINUED FROM 09/06/2022] Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. [APPLICANT REQUEST POSTPONEMENT 10/05/2022] (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use site layout and staff recommendations. Attachments: 43 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance approving a Variance to permit an alternative landscape and screening method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. (Williams) Suggested Action: Please sss the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: 44 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Communications Facility License Agreement with Cellco Partnership d/b/a Verizon Wireless. (Hartline) Suggested Action: SUMMARY OF REQUEST: The agreement provides for a license to install a communications facility on the city’s property at BB Owen Sports Facility located at 5700 Squires Dr. The antennas will be located on a new monopole that will be installed in the park and associated telecommunication equipment will be located in a fenced equipment shelter at the base of the new tower. The following are some of the major terms included in the agreement. 1) Cellco Partnership will construct the communications facility at their cost per the approved engineering plans and will obtain applicable Building Permits necessary to construct the project. 2) The term of the agreement is five years and may be automatically renewed for three additional five year terms. 3) The license fee is $2,000.00 per month 4) The license fee will increase on a yearly basis and will increase by 3% of the license fee from the immediately preceding year. 5) Total revenue to the city in the first year will be $ 24,000.00. 6) Insurance must be maintained by Verizon for its employees and subcontractors that may be on City property. Staff has reviewed the contract and recommends approval of the agreement. Attachments: 45 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Discussion Agenda Section: Subject: Discuss and consider an ordinance regarding the Site Plan application of "Standridge Drive MOB" an approximately 21,893 square-foot medical office building. The subject site is located south of the southeast intersection of Memorial Drive and Standridge Drive, contains approximately 1.417 acres (61,748 square feet) and is within the Business Park (BP) 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: Staff Report Standridge MOB - Site Plan -FINAL.pdf Standridge MOB Locator Map.pdf Exhibits.pdf Ord. 2022-xxxx Site Plan Application of Standridge Drive MOB.pdf 46 1 CITY COUNCIL REPORT AGENDA DATE: September 20, 2022 DEPARTMENT: Planning Department SUBJECT: SP22-0006 Standridge Drive MOB – Site Pan Discuss and consider an ordinance regarding the Site Plan application of "Standridge Drive MOB" an approximately 21,893 square-foot medical office building. The subject site is located south of the southeast intersection of Memorial Drive and Standridge Drive, contains approximately 1.417 acres (61,748 square feet) and is within the Business Park (BP) zoning district and the Gateway Overlay District. OWNER/ENGINEER Owner: Prime Healthcare Properties Huntsville, AL Engineer: Priya Acharya, P.E. Arlington, TX Wier and Associates, Inc. EXISTING CONDITION OF PROPERTY The property contains parking, cross access, lighting, and limited landscaping. PROPOSED DEVELOPMENT The applicant requests site plan approval to construct an approximately 21,893 square-foot building with associated retaining and screening wall, landscaping and lighting. ADJACENT ZONING AND LAND USE North- Business Park (BP) – Vacant South- Business Park (BP) – 3700 Standridge Drive – Office Building East- Business Park (BP) – 3716 Standridge Drive – Medical Office Building West- City of Lewisville DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the site plan meets the requirements of the Zoning Ordinance and Gateway Overlay District as outlined in the staff report. PRIOR ACTION On September 13, 2022, the Planning and Zoning Commission voted (4-0) to recommend approval of a proposed medical office building known as “Standridge MOB.” ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Project Narrative 4. Proposed Development Plans Exhibits 47 2 ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is located in the Business Park (BP) zoning district and Gateway Overlay District. Medical Office uses are allowed "by–right" within the BP zoning district. The proposed office building is situated adjacent to existing office buildings. The subject property was originally intended to develop in a common site plan along with 3716 Standridge Drive. Flatwork for the subject site was completed previously however no vertical construction was initiated. An additional office building will be proposed southeast of the subject location. Circulation and Parking The development is served by two (2) driveways to Standridge Drive and provides cross-access to all surrounding parcels. Continuous pedestrian access is provided from Standridge Drive across the site and connects to existing pedestrian sidewalks to the east. Parking is dispersed evenly around the development as a single row of parking encircles the centrally placed building. A total of ei ghty- eight (88) parking spaces and four (4) ADA spaces serve the site. Six (6) bike racks are provided for a total of twelve (12) bike spaces. Landscaping and Buffering The Landscape Plan reflects the planting of various canopy trees, urban trees, small ornamental trees, shrubs, and ground cover consistent with development within the Gateway Overlay District . Landscaping will be irrigated in compliance with City standards. Typically, canopy trees are required along right-of-way buffers in the Gateway Overlay District. Ornamental trees in lieu of canopy trees are proposed along Standridge Drive, to meet the ordinance and utility conflict concerns of the Engineering Department. The twenty (20) foot buffer facing Standridge Drive will exceed the fifteen (15) foot standard. Six (6) urban trees are planted in tree wells along the building frontage as required for buildings exceeding 15,000 square feet. The landscape plan reflects planting of Elms, Oaks, Chinese pistache, Crape myrtle, Red bud, Yaupon trees, Vitex and Desert willow. Vehicle service areas and utilitarian areas are screened with appropriate shrubs and grasses meeting Gateway standards. Overall, the plantings will exceed the requisite number of tree plantings, varieties, and screenings. Building Elevations The elevation plan reflects a contemporary office building aesthetic with facades consisting of masonry, accented materials and colors. Each facade contains horizontal and vertical articulations, fenestration, color change and architectural adornments to provide visual interest. The elevation plan reflects an earth tone color pallet, which includes shades of brown and natural stone accents. The color selection and percentages are consistent with the Gateway Overlay District. The plan also reflects consistency with other similar new development within the Gateway Overlay District. Development Review Committee Review The Development Review Committee (DRC) finds the site plan meets the requirements of the Zoning Ordinance and Gateway Overlay District as outlined in the staff report. 48 STANDRIDGE DRME MO RI A L DR LAKE RIDGE RD 3700 3901 3716 3905 3909 3712 P D 1 9 B PBP This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SP22-0006 - Project Name: St andridg e MO B Sta nd ri dg e MOB Busi ne ss Pa rk Pla nn e d Deve lo pme nt 1 9 SubjectArea 49 STANDRIDGE DRME MO RI A L DR LAKE RIDGE RD 3700 3901 3716 3905 3909 3712 P D 1 9 B PBP This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SP22-0006 - Project Name: St andridg e MO B Sta nd ri dg e MOB Busi ne ss Pa rk Pla nn e d Deve lo pme nt 1 9 SubjectArea 50 WIER & ASSOCIATES, INC. ENGINEERS • SURVEYORS • LAND PLANNERS Standridge MOB – Centre at the Colony 3712 Standridge Dr., The Colony, TX Site Plan – Narrative On behalf of Prime Commercial Properties, LLC, please find included a Site Plan submittal for a proposed Medical Office Building at 3712 Standridge Dr., near the northeast corner of SH 121 and Standridge Rd. The lot is described as platted Lot 2R, Block A, The Center at the Colony Addition. Prime Commercial Properties, LLC is proposing to develop a two-story 22,200± sf building with approximately 93 parking stalls with 4 ADA handicap-accessible stalls. The development is required to provide parking at a ratio of 1 stall/1,000 sf of the floor area, this development is required to provide a minimum of 88 parking stalls. An ADA-accessible route is proposed to connect to the existing sidewalk in Standridge Road. The site is already platted with public utility easements and joint public fire lane mutual access drainage & utility easement. We are not anticipating a replat of this lot. The existing 25-ft wide joint public fire lane mutual access drainage & utility easement is already paved as an on-site fire lane. The building is located within 150-ft hose lay of the proposed fire lane. The proposed building is intended to be fire sprinkled. A 6” sanitary sewer line exists on-site north of the proposed building within a joint public fire lane mutual access drainage & utility easement. We are proposing to sawcut the existing fire lane to install a proposed SSMH. An 8” water line exists within the property in a joint public fire lane mutual access drainage & utility easement. Domestic and fire service laterals were installed for this proposed building at the time of the water line installation. We are proposing to connect to this existing water line for irrigation services. The 2 water meters are proposed to be located within an existing public utility easement north of the proposed building. The site was originally developed as part of the Center at the Colony construction plans dated as record plans on 4/30/2008. The City of The Colony’s drainage criteria has not been revised since the 2007 criteria. According to the Record Plans for the N.E. Quadrant of SH 121 & Standridge Dr site east of the proposed MOB, the subject lot has already been accounted for as fully developed in the existing on-site drainage system. Because of this, detention is not required for this development. We appreciate the City’s acceptance of this submittal and are grateful for the coordination provided by City Staff. If you need any additional information, please feel free to contact Priya Acharya at 817-467- 7700 or PriyaA@WierAssociates.com. 51 VANEB WV WV WV WVLT {STANDRIDGE DRIVE(120' RIGHT-OF-WAY)CAB. V, SL. 23CAB. P, SL. 219P.R.D.C.T.}W W W W W W W W W W W W W W W WWWWWWWWWWWWWWWWW WWW WWWWWWWWWWWWWWWWSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SDSDSDSD SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDFH 14\A1;9'\A1;18.5' \A1;18.5'%%P \A1;18'%%P F/C \A1;75.7' \A1;30.9'%%P \A1;30.5'%%P \A1;18.5' \A1;18.5'%%P \A1;5'\A1;10.5'%%P \A1;9.3'%%P \A1;6.4'\A1;12.6' 620'%%P TO SH 121 \A1;106.2'\A1;9'\A1;5'\A1;6.4'\A1;9'\A1;10.5'\A1;9'\A1;25'%%P \A1;25' \A1;91.6' \A1;6.7'%%P \A1;25' \A1;22.2'\A1;18.5'\A1;25' \A1;18' \A1;119.9'\A1;5.5' \A1;18.5'\A1;6'\A1;4.8'%%P BFR BFR \A1;12.5' 192'%%P TO NEXT \A1;25' \A1;34'%%P \A1;26' 276'%%P TO MEMORIAL DRIVE \A1;9'\A1;45'\A1;5'\A1;40'\A1;8'\A1;5'2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700 PREPARED BY: Texas Firm Registration No. F-2776 www.WierAssociates.comSITE PLANSTANDRIDGE MOBLOT 2R, BLOCK ATHE CENTER AT THECOLONY ADDITIONCITY OF THECOLONY, TEXAS 4 SITE DATA FH WV EM OE W G EB WVLT1" = 20'ANNALEA COVEVICINITY MAP N.T.S. 52 53 1ST FLOOR 0'-0" 2ND FLOOR 15'-0" TOW1 35'-0" 1.12344.9 154.6 B.O. ROOF DECK 30'-0" TOW2 40'-0" 1ST FLOOR 0'-0" 2ND FLOOR 15'-0" TOW1 35'-0" TOW3 42'-0" ABCD B.5B.7 B.O. ROOF DECK 30'-0" TOW2 40'-0" 1ST FLOOR 0'-0" 2ND FLOOR 15'-0" TOW1 35'-0" TOW3 42'-0" 1.1 2 3 4 4.911.4 5 BRICK 1 BRICK 2 BRICK 3 CAST STONE STORE FRONT STORE FRONT METAL COPING CAP METAL COPING CAP CAST STONE CAST STONE CAST STONE BRICK 2 STORE FRONT STORE FRONT MCM PANEL METAL COPING CAP PRE FAB SUN SHADE PRE FAB SUN SHADEPRE FAB SUN SHADEPRE FAB SUN SHADE 4.61.61.7 B.O. ROOF DECK 30'-0" TOW2 40'-0" CEMENT PLASTER 2 CEMENT PLASTER 1 1ST FLOOR 0'-0" 2ND FLOOR 15'-0" TOW1 35'-0" TOW3 42'-0" A B C DC.1 D.2 PRE FAB SUN SHADE METAL COPING CAP METAL COPING CAP BRICK 2 BRICK 3 CAST STONE STORE FRONT STORE FRONT CAST STONE PRE FAB SUN SHADE BRICK 1 STORE FRONTSTORE FRONT STORE FRONT MCM PANEL MCM PANEL C.7C.3 B.O. ROOF DECK 30'-0" TOW2 40'-0" TOW2 40'-0" CEMENT PLASTER 1 CEMENT PLASTER 2 BRICK 1 MATERIAL BREAKDOWN TOTALS BRICK MASONRY 6, 644SF 41% CEMENT PLASTER 6,298 SF 37% STOREFRONT 3,248 SF 21% METAL PANEL 209 SF 1% TOTAL: 16,399 SF 100% GRACE HEBERT CURTIS ARCHITECTS, APAC STANDRIDGE MEDICAL OFFCIE BUILDING SITE SHELL CORE | BUILDING ELEVATIONS | 08.18.2022 SD-3 1/8" = 1'-0"1 NORTH ELEVATION 1/8" = 1'-0"2 EAST ELEVATION 1/8" = 1'-0"3 SOUTH ELEVATION 1/8" = 1'-0"4 WEST ELEVATION 54 1ST FLOOR 0'-0" 2ND FLOOR 15'-0" TOW1 35'-0" 1.1 2 3 4 4.915 PROPERTY LINEPROPERTY LINE4.6 LEVEL 1 0' -0" LEVEL 2 15' -0" MEP ROOF PLAN 31' -7 5/32"B.O. ROOF DECK 30'-0" TOW2 40'-0" LEVEL 1 0' -0" LEVEL 2 15' -0" MEP ROOF PLAN 31' -7 5/32" 1ST FLOOR 0'-0" 2ND FLOOR 15'-0" TOW1 35'-0" A B C D PROPERTY LINEPROPERTY LINELEVEL 1 0' -0" LEVEL 2 15' -0" MEP ROOF PLAN 31' -7 5/32"B.O. ROOF DECK 30'-0" TOW2 40'-0" LEVEL 1 0' -0" LEVEL 2 15' -0" MEP ROOF PLAN 31' -7 5/32" PROJECT NO: DATE: © THIS SET OF DOCUMENTS INCLUSIVE OF DRAWINGS,SPECIFICATIONS, AND ADDENDUMS MAY NOT BE COPIED, SCANNED, NOR ELECTRONICALLY DISTRIBUTED OR USED FOR CONSTRUCTION WITHOUT THE EXPRESSED WRITTEN CONSENT OF Grace Hebert Curtis Architects, APAC. NO PLAN ROOM, ELECTRONIC PLAN SERVICE (INTERNET PLAN SERVICE), NOR REPRODUCTION COMPANY SHALL BE PERMITTED TO POST THESE DOCUMENTS WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE ARCHITECT, Grace Hebert Curtis Architects, APAC. PHASE: ISSUED FOR NOT FOR CONSTRUCTION SEAL: GRACE HEBERT CURTIS ARCHITECTS, APAC sheet number 8/16/2022 10:56:32 AMBIM 360://6022108 - Standridge MOB/6022108 - Standridge MOB.rvtAS110 SIGHT LINE STUDY 6022108STANDRIDGE MEDICAL OFFCIE BUILDINGSITE SHELL CORECENTRE PLAZA MOB, LLC08.18.2022 CONSTRUCTION DOCUMENTSSTANDRIDGE DR.THE COLONY, TX 75056No. Description Date 55 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022-_____ SITE PLAN – STANDRIDGE MEDICAL OFFICE BUILDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR A PROPOSED 21,893 SQUARE FOOT MEDICAL OFFICE BUILDING KNOWN AS “STANDRIDGE MOB” ON AN APPROXIMATELY 1.417 ACRE (61,748 SQUARE FEET) TRACT LOCATED AT 3712 STANDRIGE DRIVE, AND WITHIN THE BUSINESS PARK (BP) 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 requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP22-0006 for a proposed 21,893 square-foot medical office building, known as “Standridge MOB” on an approximately 1.417 Acre (61,748 square foot) tract located at 3712 Standridge Drive, and within the Business Park (BP) Zoning District and the 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, Building Elevations, and Photometric Plan, copies of which are attached hereto as Exhibit A of this Ordinance, applicable to 3712 Standridge Drive, The Colony, Texas, and located within the Business Park (BP) zoning district and the Gateway Over District. 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. 56 2 SECTION 4. That any provisions 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 20TH DAY OF SEPTEMBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 57 3 Exhibit A 58 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Suggested Action: Attachments: 59 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Suggested Action: Attachments: 60