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HomeMy WebLinkAbout2022 1005Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing the month of October as National Chiropractic Month. (Mayor) Suggested Action: Attachments: National Chiropractic Health Month 2022.pdf 4 MAYORAL PROCLAMATION WHEREAS, The opioid crisis continues to take a toll on the health and lives of millions of Americans, and has worsened in some communities during the COVID-19 pandemic; WHEREAS, According to the Centers for Disease Control and Prevention (CDC), as many as one in four patients who receive prescription opioids long term for non-cancer pain struggles with addition and, from 1999-2000, more than 260,000 people died in the U.S. from overdoses involving prescription opioids; WHEREAS, The interest in and need for greater access to safe and effective non-drug, noninvasive approaches to pain management has increased; WHEREAS, The American College of Physicians (ACP) released updated low-back pain treatment guidelines in 2017 that promote the use of noninvasive, non-drug approaches such as spinal manipulation as a first line of defense against back pain, before the use of pain medications and surgery; WHEREAS, The CDC in its draft 2022 prescribing guidelines also promotes diverse approaches and varied pain management solutions and specifically encourages use of non-drug therapies as a first line of treatment for subacute and chronic pain and even some types of acute pain; WHEREAS, Doctors of chiropractic, who focus on the whole person with their non-drug, noninvasive treatments for pain management – most notably spinal manipulation – can play an important role in helping patients lessen their reliance on pain medications. WHEREAS, There is a growing body of research supporting the early use of chiropractic spinal manipulation in helping patients with chronic low-back pain to reduce or eliminate their need later for prescription opioid pain medications and surgery; WHEREAS, With the theme “Chiropractic: On the Frontline for Pain,” Chiropractic Health Month 2022 serves as a reminder to citizens of The Colony, Texas that non-drug treatments for low-back such as spinal manipulation provided by doctors of chiropractic can help to lessen or eliminate the need for riskier, potentially addictive treatments and should be utilized where appropriate before starting prescription opioid pain medications; NOW, THEREFORE, I Richard Boyer, Mayor of The Colony, Texas, officially joins with the Texas Chiropractic Association and the American Chiropractic Association in proclaiming the month of October 2022 Chiropractic Health Month. SIGNED and SEALED this 5th day of October 2022. Richard Boyer, Mayor, The Colony, Texas 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 6 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 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: 7 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: David Coulon Submitting Department: Police Item Type: Expenditures Agenda Section: Subject: Accept the Notice of Police Seized Fund Expenditure. (Coulon) Suggested Action: The Texas Code of Criminal Procedure Chapter 59 (Forfeiture of Contraband) requires the governing body receive notice of a planned expenditure of seized and forfeited funds the courts have awarded to the Police Department. The department plans to spend up to $20,000 of these funds on an all-weather surveillance and photography drone and accessories. The expenditure will be fully covered by this account and will have no impact on any other budget. Attachments: 8 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 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: 9 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for September 20, 2022. (Stewart) Suggested Action: Attachments: September 20, 2022 DRAFT Minutes.pdf 10 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 SEPTEMBER 20, 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 20th 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 Present Present Absent (Personal) 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 Pastor Jess Allen from Horizons Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Presentation to the Hebb's for their commitment and combined years of service to the City. Library Director, Megan Charters, presented a plaque to Judy Hebb for her commitment and dedication to the Library Board. Planning Director, Isaac Williams, presented a plaque to Shannon Hebb thanking him for services provided to the Planning and Zoning Commission. 1.6 Items of Community Interest 1.6.1 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, provided upcoming events and activities to the Council. 11 City Council – Regular Meeting Agenda September 20, 2022 Page| 2 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- Schrag; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from September 6, 2022. 4.2 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. RESOLUTION NO. 2022-061 4.3 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. RESOLUTION NO. 2022-062 4.4 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. RESOLUTION NO. 2022-063 4.5 Consider approving Shannon Hebb's resignation from the Planning and Zoning Commission Board. 5.0 REGULAR AGENDA ITEMS 12 City Council – Regular Meeting Agenda September 20, 2022 Page| 3 5.1 [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] Motion to continue Public Hearing and action to the October 5, 2022 meeting– Schrag; second by Wade, motion carried with all ayes. 5.2 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. 5.3 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. Motion to postpone Agenda Item Nos. 5.2 and 5.3 to the October 5, 2022 meeting- Wade; second by Ensweiler, motion carried with all ayes. 5.4 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. Planning Director, Isaac Williams, gave an overview of the proposed site plan application. Representative Mark Samples, answered questions from the Council relative to it. Motion to approve– Ensweiler; seconded by Holtz, motion carried with all ayes. ORDINANCE NO. 2022-2490 Executive Session was convened at 6:54 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 13 City Council – Regular Meeting Agenda September 20, 2022 Page| 4 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. Regular Session was reconvened at 9:03 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 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). No Action B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Motion to amend the City Secretary contract terms as discussed in executive session-Wade; second by Ensweiler, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:04 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 14 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC's requested rate change. (Cranford) Suggested Action: The Steering Committee of Cities Served by Oncor has advised the City to deny Oncor's request for a $251 million increase in revenues until the request can be fully examined. Attachments: 2022 Oncor Rate Case Model Staff Report Re Denial Resolution(8401757.1).docx Res. 2022-xxx Oncor Rate Case Denial.pdf 15 MODEL STAFF REPORT REGARDING ONCOR ELECTRIC’S REQUESTED RATE CHANGE *** Purpose: On May 13, 2022, Oncor Electric Delivery Company LLC (“Oncor” or “Company”) filed an application with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by about $251 million or approximately 4.5% over present revenues. The Company asks the City to approve an 11.2% increase in residential rates and a 1.6% increase in street lighting rates. The impact of this requested increase on an average residential customer using 1,300 kWh/month would be about $6.02 per month. In a prior City action, Oncor’s rate request was suspended from taking effect for 90 days, the fullest extent permissible under the law. This time period has permitted the City, through its participation with the Steering Committee of Cities Served by Oncor (“Steering Committee”), to determine that the proposed rate increase is unreasonable. Consistent with the recommendations of the experts engaged by the Steering Committee, Oncor’s request for a rate increase should be denied. Accordingly, the purpose of the Resolution is to deny the rate change application proposed by Oncor. Once the Resolution is adopted, Oncor will have 30 days to appeal the decision to the Public Utility Commission of Texas where the appeal will be consolidated with Oncor’s filing (i.e. PUC Docket No. 53601) currently pending at the Commission. All cities with original jurisdiction will need to adopt the Resolution prior to October 30, 2022. Explanation of “Be It Resolved” Sections: 1.This paragraph finds that the Company’s application is unreasonable and should be denied. 2.This section states that the Company’s current rates shall not be changed. 3.The Company will reimburse Cities for their reasonable rate case expenses. Legal counsel and consultants approved by Cities will submit monthly invoices that will be forwarded to Oncor for reimbursement. 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the Resolution was properly noticed. 5. This section provides Oncor and counsel for Cities will be notified of the City’s action by sending a copy of the approved and signed resolution to counsel. 16 1 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S (“ONCOR” OR “COMPANY”) APPLICATION TO CHANGE RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of The Colony, Texas (“City”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”), a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area; and WHEREAS, on or about May 13, 2022, Oncor filed with the City an application to increase system-wide transmission and distribution rates by $251 million or approximately 4.5% over present revenues. The Company asks the City to approve an 11.2% increase in residential rates and a 1.6% increase in street lighting rates; and WHEREAS, the Steering Committee is coordinating its review of Oncor’s application and working with the designated attorneys and consultants to resolve issues in the Company’s filing; and WHEREAS, through review of the application, the Steering Committee’s consultants determined that Oncor’s proposed rates are excessive; and WHEREAS, the Steering Committee’s members and attorneys recommend that members deny the Application; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the rates proposed by Oncor to be recovered through its electric rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. 17 2 Section 2. That the Company shall continue to charge its existing rates to customers within the City. Section 3. That the City’s reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 5. That a copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Ave., Suite 1900, Austin, TX 78701. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 5TH DAY OF OCTOBER, 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 18 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Megan Charters Submitting Department: Library Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Agreement with Denton County for Library Services. (Charters) Suggested Action: Attachments: 2022-2023 ICA Library Services - The Colony.pdf EXHIBIT A FY2023.pdf Res. 2022-xxx Library Services Interlocal Agreement with Denton County.doc 19 2022-2023 ICA-Library Agreement – The Colony Public Library Page 1 of 6 THE STATE OF TEXAS § § THE COLONY PUBLIC LIBRARY COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, Texas ("the COUNTY"), and the City of The Colony, Texas ("the MUNICIPALITY"), and has an effective date of October 1, 2022. 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 the COUNTY; and WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County, Texas, engaged in the provision of library and related services for the benefit of the citizens of the MUNICIPALITY; and WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to provide library services for all residents of the COUNTY; and WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, and Chapter 323 of the Texas Local Government Code, regarding County Libraries. NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period from October 1, 2022, through September 30, 2023. II. For the purposes and consideration herein stated and contemplated, the MUNICIPALITY shall provide library services for the residents of the COUNTY without regard to race, religion, color, age, disability or national origin. Upon proper proof of residence, by an individual in the COUNTY, the individual shall be entitled issuance of a library card, at no cost, to be used in connection with said library services. 20 2022-2023 ICA-Library Agreement – The Colony Public Library Page 2 of 6 The MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: 1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults. III. The COUNTY designates the County Judge to act on behalf of the COUNTY and serve as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of the COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge shall provide immediate and direct supervision of the COUNTY'S employees, agents, contractors, sub-contractors, or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the COUNTY and the MUNICIPALITY. IV. The MUNICIPALITY shall designate to act on behalf of the MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and between the MUNICIPALITY and the COUNTY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the MUNICIPALITY in full compliance with the terms and conditions of this Agreement. ________________________ shall provide management of the MUNICIPALITY'S employees, agents, contractors, sub-contractors, or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the MUNICIPALITY and the COUNTY. The MUNICIPALITY shall provide the COUNTY with a copy of the annual report submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire as documentation of the MUNICIPALITY’S expenditures and provision of service. Kate Margolis Megan Charters 21 2022-2023 ICA-Library Agreement – The Colony Public Library Page 3 of 6 V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures and coordination of all work performed under the terms and conditions of this Agreement. The MUNICIPALITY shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY as stated in this Agreement and shall give all attention required for proper supervision and direction of their employees. VI. The MUNICIPALITY agrees that its established library shall assume the functions of a county library within Denton County, Texas, and to provide a librarian who meets the requirements of the MUNICIPALITY’S job description. VII. The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall not represent themselves to be employees, servants, agents or representatives of the COUNTY. To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless and indemnify the COUNTY from and against any and all claims and for all liability arising out of, resulting from or occurring in connection with the performance of the work hereunder, including but not limited to, any negligent act or omission of the MUNICIPALITY, its officers, agents or employees. The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY does not waive any sovereign or governmental immunity available to the COUNTY under Texas law and does not waive any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 22 2022-2023 ICA-Library Agreement – The Colony Public Library Page 4 of 6 VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Any notice required by this Agreement shall be delivered, in writing, by either the COUNTY or the MUNICIPALITY to the following addresses: The address of the COUNTY is: Denton County Judge 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 Telephone: 940-349-2820 The address of the MUNICIPALITY is: The Colony Public Library c/o The City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 Attention: City Manger Telephone: 972-624-3184 X. For the full performance of the services above stated, the COUNTY agrees to pay the MUNICIPALITY fees as described herein from current revenues available for such payment. The COUNTY shall pay the MUNICIPALITY fees in the amount of THIRTY THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($30,100.00), based upon North Central Texas Council of Governments service population allocation figures provided to the COUNTY by the Library Advisory Board, payable in equal quarterly installments to the MUNICIPALITY commencing on October 1, 2022. The Allocation chart setting forth said figures is attached hereto and incorporated herein for all intents and purposes as Exhibit “A.” In addition, the COUNTY agrees to pay the MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following conditions: 1. The MUNICIPALITY shall attempt to secure funding from sources other than the COUNTY. 2. Upon receipt of additional funding, the MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3. The COUNTY shall match the MUNICIPALITY'S additional funding in an amount not to exceed $10,000.00. 23 2022-2023 ICA-Library Agreement – The Colony Public Library Page 5 of 6 4. Payment by the COUNTY to the MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and payment shall be satisfied from current revenues of the COUNTY. All funding by the COUNTY to the MUNICIPALITY is subject to the condition that the MUNICIPALITY shall have in place technology protection measures (commonly referred to as “filters”) with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance with the Children’s Internet Protection Act. The MUNICIPALITY hereby certifies that its libraries have either installed and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2022. XI. This Agreement may be terminated, at any time, by either party by giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, the MUNICIPALITY shall be compensated pro rata for all services performed to the termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis for all services performed to the termination date or be overcompensated for reimbursable expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. This Agreement represents the entire integrated Agreement between the MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations and/or Agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the MUNICIPALITY and the COUNTY. 24 2022-2023 ICA-Library Agreement – The Colony Public Library Page 6 of 6 XIII. The validity of 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. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XIV. In the event 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. The undersigned officers and/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 hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authorit y have been duly passed and are now in full force and effect. EXECUTED this __________ day of __________, 20____. DENTON COUNTY, TEXAS The City of The Colony, Texas By: ____________________________ By: Andy Eads, County Judge Name: Denton County, Texas Title: ATTEST: ATTEST: By: By: Denton County Clerk City Secretary 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 25 26 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR THE PROVISION OF LIBRARY SERVICES TO THE RESIDENTS OF DENTON COUNTY AS PROVIDED IN ATTACHMENT “A”, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayoris hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County for the provision of Library Services to the residents of Denton County as defined in the Agreement, which is attached hereto and incorporated herein by reference as Attachment “A”. Section 2.That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. 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 THE 5TH DAY OF OCTOBER 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 27 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Tina Stewart Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to award a bid to Dell Technologies, Round Rock, Texas in the amount of $93,000 for Patrol Vehicle Laptop Replacements. (Coulon) Suggested Action: The budgeted item is to replace 34qty patrol vehicle laptops. Attachments: Res. 2022-xxx Patrol vehicle laptop replacements.pdf 28 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022-____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO AWARD A BID TO DELL TECHNOLOGIES, ROUND ROCK, TEXAS FOR PATROL VEHICLE LAPTOP REPLACMENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined that it is in the best interest of the City to award a bid to Dell Technologies, Round Rock, Texas for patrol vehicle laptop replacements in the amount of $93,000.00. 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 approves awarding a bid to Dell Technologies, Round Rock, Texas for patrol vehicle laptop replacements. Section 2. That the City Manager is authorized to accept the bid in the amount of $93,000.00. 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 5TH DAY OF OCTOBER 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 29 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Tina Stewart Submitting Department: Police Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to award a bid to Tyler Technologies, Plano, Texas in the amount of $35,000 for Patrol Ticket Writers and Printer Replacements. (Coulon) Suggested Action: The budgeted item is to replace, and add inventory for new officers, 18qty Brazos ticket writers and 14qty obsolete printers for the ticket writers. Attachments: Res. 2022-xxx Patrol Ticket Writers and Printer Replacements.pdf 30 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022- ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO AWARD A BID TO TYLER TECHNOLOGIES, PLANO, TEXAS FOR PATROL TICKET WRITERS AND PRINTER REPLACEMENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined that it is in the best interest of the City to award a bid to Tyler Technologies, Plano, Texas for patrol ticket writers and printer replacements in the amount of $35,000.00. 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 approves awarding a bid to Tyler Technologies, Plano, Texas for patrol ticket writers and printer replacements. Section 2. That the City Manager is authorized to accept the bid in the amount of $35,000.00. 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 5TH DAY OF OCTOBER 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 31 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a resolution rejecting all "Request for Proposals" (RFP) submitted for the Trinity North CMAR Bid #70-22-06. (Shallenburger) Suggested Action: Attachments: Res. 2022-xxx Rejection of bids for the Trinity North CMAR.pdf 32 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REJECTING ANY AND ALL BIDS CONCERNING THE TRINITY NORTH CMAR AND AUTHORIZING THE REBIDDING OF SAID PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, solicited bids for the Trinity North CMAR project (the “Project”); and WHEREAS, the City received bids for the Trinity North CMAR project but those submitted did not meet the criteria or budgetary limits authorized by Council; and WHEREAS, pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, the City Council of the City of The Colony, Texas, is authorized to reject any and all bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council of the City of The Colony, Texas, pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, find and determine it is in the best interest of the City to reject any and all bids for the Project. SECTION 3. The City Council of the City of The Colony, Texas, hereby authorizes City Manager and City staff to take all actions necessary to rebid the Project in accordance with state law. SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. All provisions of the resolutions of the City in conflict with the provisions of this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. 33 Page 2 SECTION 6. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 5TH DAY OF OCTOBER, 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 34 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: [CONTINUED FROM 09/20/2022] 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. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use site layout and staff recommendations. Attachments: SUP22-0002 Locator Map.pdf SUP22-0002 Exhibits.pdf SUP22-0002 CC Staff Report Verizon Monopole FINAL.pdf COLONY NORTH_VZW_Jurisdictional_EME_09.16.2022_PE.pdf Ord. 2022-xxxx SUP22-0002-Verizon Monopole.pdf 35 UNDERWOODSTCOLUMBUSDRCEARY DRTR U IT T C I RTRUITTST T E R R Y S T S Q U I R E S D R 5637 5645 5821570157095717561656245632564056485700570858045716581256135621562976125701570957177616 7800 5612 770056205628563656445704571277045609561777085625563356415701570957177712 7716 5700 Infr aredCombatZone S F -4SF-4 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 . SUP22-0002 - Project Nam e: Verizo n 105ft mo nop ole Ve rizo n 1 0 5f t Mo no po le Sin gl e Fa mil y Subj ectArea 36 Colony North (Location Code 503744) Narrative The project will entail installing an unmanned telecommunications tower and associated fenced gravel compound for ground equipment. A concrete access drive will be installed branching off from an existing concrete access drive that will lead to the fenced compound. There will be a concrete turnaround area installed directly in front of the fenced compound. The chain-link fence will be installed at a height of 8'. Privacy slats will be installed to match the adjacent park fencing. The privacy slats will serve as the screening of the ground equipment in lieu of traditional landscaping to reduce the maintenance requirements. This variance from the zoning ordinance is at the request of the City of Colony Parks department. The tower will match the finish/color of existing light poles within the park. The project will fill in coverage gaps within Verizon's network -- see propagation maps. At the request of the City, the tower and compound will be designed for only Verizon's equipment. The backhaul provider for this site will be One Fiber/Verizon business. Existing co-locations have been exhausted within the Verizon search ring. Initial plans to install on a nearby utility company tower fell through. The project is proposed to be installed on the BB Owen Sports facility/park owned by the City of Colony. The existing zoning is SF-4/residential. Other attempts to install the proposed tower in non-residential zoning districts have been rejected. The proposed tower is in a remote area of the park that is not visible from the public street adjacent to a floodway and field. The adjacent field and floodway will not be developed, so the tower will not have visual impacts to future developments. Due to the remote location of the tower/compound, vehicle and pedestrian traffic will be minimal. Upon completion of construction, Verizon's typical maintenance will be once a month. Since the tower is unmanned and the location of the tower, there should not be any impacts to persons and property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor, and similar hazards. During construction, erosion control measures will be installed to prevent silt from leaving the site. The site will be stabilized as a part of construction to prevent erosion. The proposed compound and access drive will essentially be installed at grade to avoid changing the existing drainage pattern of stormwater runoff which drains east directly to Stewart Creek Tributary 1 which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least (2) two feet above the adjacent BFE. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 1 CITY COUNCIL REPORT AGENDA DATE: October 5th 2022 (continued from September 6, 2022) DEPARTMENT: Planning Department SUBJECT: SUP22-0002 Verizon 115ft. Telecommunication Monopole Conduct a public hearing, discuss and consider the approval of 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. OWNER/APPLICANT Owner: City of The Colony The Colony, TX Applicant: Charlton Collum Verizon Wireless Shertz, TX EXISTING CONDITION OF PROPERTY The subject site is the athletic facility known as B.B. Owen Sports Facility located at 5700 Squires Drive. The B.B. Owen Sports Facility consists of baseball/softball fields, concessions, laser tag course, parking and restrooms encompassing twenty acres. ADJACENT ZONING AND LAND USE North - City of Frisco – undeveloped land South - SF-4 – Colony No. 21 Subdivision East - City of Frisco – undeveloped land and single family homes West - SF-4 – B.B. Owen Elementary School PROPOSED DEVELOPMENT The applicant requests Specific Use Permit (SUP) approval to allow the installation of 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. Overall, the project will entail installation of an unmanned telecommunications tower and associated fenced gravel compound for ground equipment. A concrete access drive will be installed branching off from an existing concrete access drive that will lead to the fenced compound. There will be a concrete turnaround area installed directly in front of the fenced compound. The chain-link fence will be installed at a height of 8 feet. Privacy slats will be installed to match the adjacent park fencing. The privacy slats will serve as the screening of the ground equipment in lieu of traditional landscaping to reduce the anticipated maintenance. The tower will match the finish/color of existing light poles within the park in accordance with the approval review provided by the City’s Parks Department. 65 2 DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of the Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. PRIOR ACTION On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of 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 applicant requested a continuation of consideration to the September 20th City Council meeting to address Council comments. Consideration was further continued to October 5th. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. SUP Exhibits 4. Applicant Narrative 5. VZW Site Compliance Report ATTACHMENT 1 STAFF ANALYSIS LAND USE ANALYSIS The applicant requests SUP approval for the installation of an unmanned monopole antenna facility at the B.B. Owen Sports Facility. The City of The Colony has designated areas of the City where monopoles are allowed to be installed. Section 10C -700.(2) requires the location of monopole antenna facilities not exceed one hundred twenty feet in height, in certain designated location so as to minimize the visual impact to establishe d single family neighborhoods. This site falls within a designated area. Section 10C-700.(2).(ii) states: The following sites have been designated for monopole antenna facilities based on their location and level of visual impact to the city and adjac ent properties: (e) “Sites located East of Main Street and North of Overlake Drive.” SPECIFIC USE PERMIT (SUP) CRITERIA In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Specific Use Permit application using the following criteria: 1. Conformance with the City of The Colony’s Comprehensive Plan; The Future Land Use Map identifies this area as “low density residential” which includes traditional, single-family detached and or attached (duplex) dwelling units. The City has designated areas where monopole antenna facilities would be allowed. The proposed project is within a designated area of the City and t he proposed land use is consistent with 66 3 the uses permitted within the “low density residential plan as determined by the Comprehensive Plan. 2. Conformance with applicable regulations and standards established by the zoning regulations; With the approval of the SUP and conditions thereof, the application will be in conformance with the Zoning Ordinance. 3. Compatibility with existing or permitted uses on abutting sites, in terms of building height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; The proposed use will not exceed one hundred twenty feet in height as required per Section 10C-700.2 The monopole tower will be within the designated location so as to minimize the visual impact to established single family neighborhoods and within a remote area. 4. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The proposed tower location is in a remote area adjacent to the existing tree line at the northernmost portion of the site. Due to the remote location to the tower, vehicle and pedestrian traffic will be minimal. There are no occupiable structures and access is restricted. 5. Protection of persons and property from erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; Since the tower is unmanned and given its location, there would not be any impacts to persons or property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and similar hazards. 6. Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; The unmanned tower will not have any lighting or signage. 7. Adequacy and convenience of off-street parking and loading facilities; The proposed tower location is in a remote are a adjacent to the existing tree line at the northernmost portion of the site. No parking and loading facilities are necessary. Only authorized vehicles and personnel will have access. 8. Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; The proposed use is anticipated to be compatible with the existing or permitted uses in the vicinity. 9. Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and surrounding area 67 4 The applicant is not requesting any conditions that could potentially produce unfavorable impacts on nearby uses in the same district and surrounding area. 10. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. It is staff’s opinion that there would be no impacts to the use, enjoyment or value of the property in the vicinity if the SUP is granted. The proposed tower and screening is in a remote area of the park that is not visible from the public street a djacent to a floodway or field. The tower and screening is located away from all sports facilities outside the minimum setback from any public ROW and residential use or district. Since the tower is unmanned and given its location, there would not be any i mpacts to persons or property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and similar hazards. INFRASTRUCTURE IMPROVEMENTS No specific public infrastructure improvements are planned for this area. NOTIFICATION The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning News on August 11, 2022. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed on August 11, 2022 to adjacent property owners. No comments either for or against the SU P were received as of printing of this packet. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of T he Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordina nces as outlined in the Staff Report. 68 69 70 71 72 73 74 75 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022-_______ SPECIFIC USE PERMIT (SUP) – 115 ft. VERIZON MONOPOLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, 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; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings, and afforded a full and fair hearing to all property owners generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP22-0002 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 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 Specific Used Permit for 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, as reflected on and attached hereto as Exhibit A of this Ordinance. SECTION 3. That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutio nal phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 76 2 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 5TH DAY OF OCTOBER, 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 77 3 Exhibit A 78 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 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: VM22-0001 Locator Map.pdf VM22-0001 Exhibits.pdf VM22-0001 CC Staff Report Verizon Monopole - Variance- FINAL.pdf Ord. 2022-xxxx VM22-0001 - Verizon Monopole Landscape Variance.pdf 79 UNDERWOODSTCOLUMBUSDRCEARY DRTR U IT T C I RTRUITTST T E R R Y S T S Q U I R E S D R 5637 5645 5821570157095717561656245632564056485700570858045716581256135621562976125701570957177616 7800 5612 770056205628563656445704571277045609561777085625563356415701570957177712 7716 5700 Infr aredCombatZone S F -4SF-4 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. ±Ve rizo n Sin gl e Fa mil y Subj ectArea 80 81 Colony North (Location Code 503744) Narrative The project will entail installing an unmanned telecommunications tower and associated fenced gravel compound for ground equipment. A concrete access drive will be installed branching off from an existing concrete access drive that will lead to the fenced compound. There will be a concrete turnaround area installed directly in front of the fenced compound. The chain-link fence will be installed at a height of 8'. Privacy slats will be installed to match the adjacent park fencing. The privacy slats will serve as the screening of the ground equipment in lieu of traditional landscaping to reduce the maintenance requirements. This variance from the zoning ordinance is at the request of the City of Colony Parks department. The tower will match the finish/color of existing light poles within the park. The project will fill in coverage gaps within Verizon's network -- see propagation maps. At the request of the City, the tower and compound will be designed for only Verizon's equipment. The backhaul provider for this site will be One Fiber/Verizon business. Existing co-locations have been exhausted within the Verizon search ring. Initial plans to install on a nearby utility company tower fell through. The project is proposed to be installed on the BB Owen Sports facility/park owned by the City of Colony. The existing zoning is SF-4/residential. Other attempts to install the proposed tower in non-residential zoning districts have been rejected. The proposed tower is in a remote area of the park that is not visible from the public street adjacent to a floodway and field. The adjacent field and floodway will not be developed, so the tower will not have visual impacts to future developments. Due to the remote location of the tower/compound, vehicle and pedestrian traffic will be minimal. Upon completion of construction, Verizon's typical maintenance will be once a month. Since the tower is unmanned and the location of the tower, there should not be any impacts to persons and property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor, and similar hazards. During construction, erosion control measures will be installed to prevent silt from leaving the site. The site will be stabilized as a part of construction to prevent erosion. The proposed compound and access drive will essentially be installed at grade to avoid changing the existing drainage pattern of stormwater runoff which drains east directly to Stewart Creek Tributary 1 which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least (2) two feet above the adjacent BFE. 82 1 CITY COUNCIL REPORT AGENDA DATE: October 5th 2022 (continued from September 6, 2022) DEPARTMENT: Planning Department SUBJECT: VM22-0001 Verizon 115ft. Telecommunication Monopole Discuss and consider approval of 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. OWNER/APPLICANT Owner: City of The Colony The Colony, TX Applicant: Charlton Collum Verizon Wireless Shertz, TX EXISTING CONDITION OF PROPERTY The subject site is the athletic facility known as B.B. Owen Sports Facility located at 5700 Squires Drive. The B.B. Owen Sports Facility consists of baseball/softball fields, concessions, laser tag course, parking and restrooms encompassing twenty acres. ADJACENT ZONING AND LAND USE North - City of Frisco – undeveloped land South - SF-4 – Colony No. 21 Subdivision East - City of Frisco – undeveloped land and single family homes West - SF-4 – B.B. Owen Elementary School PROPOSED DEVELOPMENT The applicant proposes to construct a 115-foot monopole tower for Verizon at B.B. Owen Sports Facility. The applicant requests approval of a Variance to Section 10C-700 (2)(iv) and 17A-300C.2 as referenced to allow the proposed Verizon monopole to provide an alternative landscaping and screening method of chain-link with vinyl screening slats around the base of the monopole. Overall, the project will entail installation of an unmanned telecommunications tower and associated fenced gravel compound for ground equipment. A concrete access drive will be installed branching off from an existing concrete access drive that will lead to the fenced compound. There will be a concrete turnaround area installed directl y in front of the fenced compound. The chain - link fence will be installed at a height of 8 feet. Privacy slats will be installed to match the adjacent park fencing. The privacy slats will serve as the screening of the ground equipment in lieu of traditional landscaping to reduce the anticipated maintenance. The tower will match the finish/color of existing light poles within the park in accordance with the approval review provided by the City’s Parks Department. 83 2 DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) recommends approval of the variance request. PRIOR ACTION On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of 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). ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Illustration 4. Applicant Narrative ATTACHMENT 1 STAFF ANALYSIS LAND USE ANALYSIS The City of The Colony has designated areas of the City where monopoles are allowed to be installed. Section 10C-700.2 requires the location of monopole antenna facilities, not to exceed one hundred twenty feet in height, in certain designated location so as to minimize the visual impact to established single family neighborhoods. This site falls within a designated area. Section 10C-700.2.ii states: The following sites have been designated for monopole antenna facilities based on their location and level of visual impact to the city and adjacent properties: (e) “Sites located East of Main Street and North of Overlake Drive.” Monopole antenna facilities are required to receive approval through the Specific Use Permit and be in compliance with the landscaping requirements under the City Code of Ordinances Section 17A-300C.2, as amended; the SUP request SUP22-0002 shall be considered by the Planning and Zoning Commission on August 23, 2022 and City Council on September 6, 2022. Section 10C- 700.1.iii requires monopoles antenna facilities be landscaped, irrigated, and maintained in living, growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used in conjunction with a landscape screen. VARIANCE CRITERIA In accordance with Section 10C-1001 (Variance - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Variance application using the following criteria: 1. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; 84 3 It is staff’s opinion that there would be no impacts to the use, enjoyment or value of the property in the vicinity if the variance is granted. The proposed tower and screening is in a remote area of the park that is not easily visible from the public street adjacent to a floodway or field. The tower and screening is located away from all sports facilities and outside the minimum setback from any public ROW and residential use o r district. Due to the remote location to the tower and screening, vehicle and pedestrian traffic will be minimal. Since the tower is unmanned and given its location, there would not be any impacts to persons or property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and similar hazards. 2. The conditions upon which the request for a variance is based that are unique to the property for which the variance is sought and are not applicable generally to other property; The proposed tower location is in a remote area adjacent to the existing tree line at the northernmost portion of the site. This area of natural terrain is flat with sparse vegetation, typical of outdoor sport facilities. The proposed screening offers a more practica l screening for the location and is consistent with existing screening methods on the site . 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would res ult, as distinguished from a mere inconvenience, if strict compliance with the engineering design manual and standard construction details is required; The applicant has stated that during construction, erosion control measures will be installed to prevent silt from leaving the site. The site will be stabilized as a part of construction to prevent erosion. The proposed compound and access drive will essentially be installed at grade to avoid changing the existing drainage pattern of storm water runoff which drains east directly to Stewart Creek Tributary 1 which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least two feet above the adjacent BFE. 4. The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which the variance is sought; Staff finds that the applicant did not create the special or peculiar condition on which the variance is requested. The applicant’s request reflects an intent to provide a screening that is consistent with screening currently located on the site. The screening is compatible with the existing condition of the site; the request is not a result from or creation by the act or omission of the owner. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION The Development Review Committee (DRC) recommends approval of the variance request. 85 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022-______ VARIANCE –VERIZON MONOPOLE LANDSCAPE VARIANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A “VARIANCE” (I.E. SPECIAL USE PERMIT) 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, ON AN APPROXIMATELY 1,250 SQUARE FEET OF LAND, LOCATED WITHIN THE SINGLE-FAMILY-4 (SF-4) ZONING 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 Variance Application No. VM22-0001 for a “variance” or special use permit 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) and located on an approximately 1,250 square feet of land, located within the Single- Family-4 (SF-4) zoning district should be approved pursuant to Section 10C-1001 of the Code of Ordinances of the City of The Colony, Texas. 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 development plans, a copy of which are attached hereto as Exhibit A of this Ordinance, by approving a “variance” or special use permit 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, applicable to the subject lease area, consisting of approximately 1,250 square feet of land, located at 5700 Squires Drive (B.B. Owen Sports Facility), City of The Colony, Texas. 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 86 2 shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. 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 5TH DAY OF OCTOBER, 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 87 3 Exhibit A [Development Plans] 88 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 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 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. Suggested Action: Attachments: 89 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: October 5, 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 pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. Suggested Action: Attachments: 90