HomeMy WebLinkAbout2023 0117CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, JANUARY 17, 2023
6:30 PM
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, JANUARY 17, 2023 at CITY HALL, 6800 MAIN ST.,
THE COLONY, TX, at which time the following items will be addressed:
1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Salute to the Texas Flag
1.5 Proclamation recognizing the Honorable Ron Marchant for his years of service as Denton County
Commissioner for Precinct 2. (Mayor)
1.6 Items of Community Interest
1.7 Receive presentation from the Library regarding upcoming events and activities. (Charters)
2 CITIZEN INPUT
This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of
thirty (30) minutes for items not posted on the current agenda. The council may not discuss these
items, but may respond with factual data or policy information, or place the item on a future
agenda. Those wishing to speak shall submit a Request Form to the City Secretary.
3 WORK SESSION
The Work Session is for the purpose of exchanging information regarding public business or
policy. No action is taken on Work Session items. Citizen input will not be heard during this
portion of the agenda.
3.1 Presentation regarding the Master Plan Update. (Williams)
3.2 Council to provide direction to staff regarding future agenda items. (Council)
4 CONSENT AGENDA
The Consent Agenda contains items which are routine in nature and will be acted upon in one
motion. Items may be removed from this agenda for separate discussion by a Council member.
4.1 Consider approving City Council Regular Session meeting minutes from January 3, 2023. (Stewart)
1
REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 01/17/2023
Page - 2
4.2 Consider approving a resolution authorizing the City Manager to execute a renewal contract for services
with Tod-Co Consultative Services to provide assistance in the development of a Hotel/Convention
Center. (Shallenburger)
4.3 Consider approving a resolution authorizing the City Manager to execute a contract with L.J. Design &
Construction, LLC in the amount of $656,822.26 for the construction of West Shore Park to be paid
from the CDC fund. (Lehman)
4.4 Consider approving a resolution authorizing the City Manager to execute a Construction Services
Contract in the amount of $403,925.00 with RoeschCo Construction, Inc. for the Citywide Drainage
Improvements Project. (Hartline)
5 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A,
Section 10 of the Code of Ordinances of the city of The Colony, Texas, by amending Section 10-100,
entitled "Schedule of Uses by District,” by amending the use chart for the “Car Wash and Auto
Laundry” use to require a Specific Use Permit (“SUP”) in Shopping Center (SC), General Retail (GR),
Light Commercial (LC), Heavy Commercial (HC), and Industrial (I) Districts. (Williams)
6 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 551.071 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.
7 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).
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.
EXECUTIVE SESSION NOTICE
2
REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 01/17/2023
Page - 3
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not limited
to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of
the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.
Any decision held on such matter will be taken or conducted in open session following the
conclusion of the executive session.
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to
contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by
5:00 p.m. on the 12th day of January, 2023.
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
3
Agenda Item No:1.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Salute to the Texas Flag
Suggested Action:
Attachments:
4
Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing the Honorable Ron Marchant for his years of service as Denton County
Commissioner for Precinct 2. (Mayor)
Suggested Action:
Attachments:
5
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Kimberly Thompson
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: January 17, 2023
Submitted by: Kimberly Thompson
Submitting Department: Library
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from the Library regarding upcoming events and activities. (Charters)
Suggested Action:
Attachments:
7
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Tina Stewart
Submitting Department: Planning
Item Type: Presentation
Agenda Section:
Subject:
Presentation regarding the Master Plan Update. (Williams)
Suggested Action:
Attachments:
8
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Kimberly Thompson
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: January 17, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from January 3, 2023. (Stewart)
Suggested Action:
Attachments:
January 3, 2023 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
JANUARY 3, 2023
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:34 p.m. on the 3
rd day of January 2023, 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, Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Deputy Mayor Pro Tem
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:34 p.m.
1.2 Invocation
Pastor Jess Allen with 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 Receive a presentation from Matthews Southwest regarding the LPGA tournament.
Kristian Teleki of Matthews Southwest reported on a successful 2022 LPGA
tournament. He also spoke on a future event scheduled for October 2, 2023.
1.6 Items of Community Interest
1.6.1 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.
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City Council – Regular Meeting Agenda
January 3, 2023
Page| 2
3.0 WORK SESSION
3.1 Discuss and provide direction to staff on short term rentals.
Deputy City Manager, Joe Perez, briefed Council on the item.
City Manager, Troy Powell, presented an overview on the item.
Council provided discussion on the item.
3.2 Council to provide direction to staff regarding future agenda items.
None.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos
4.1 and 4.3 - Marks; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Special Session meeting minutes from December
5, 2022 and Special Session and Regular Session meeting minutes from December
6, 2022.
Motion to approve the amendment to the December 6, 2022 Regular Session meeting minutes
to correct the spelling of Jennifer Ondreyka – Ensweiler; second by Marks, motion carried with
all ayes.
4.2 Consider approving Council expenditures for November 2022.
4.3 Consider approving a resolution authorizing the City Manager to issue a purchase
order to US Digital Designs in the amount of $134,122.47 for the purchase of fire
station alerting hardware for dispatch and firehouses 1, 2, and 3.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2023-001
4.4 Consider approving a resolution authorizing the City Manager to execute a list of
pre-qualified professional consulting service providers for sixteen (16) service
categories.
RESOLUTION NO. 2023-002
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City Council – Regular Meeting Agenda
January 3, 2023
Page| 3
4.5 Consider approving a resolution authorizing the City Manager to execute a
Communications Facility License Agreement and Memorandum of License with
Cellco Partnership d/b/a Verizon Wireless.
RESOLUTION NO. 2023-003
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss, and consider approval of a Gateway Standards
Waiver regarding the approval of a Gateway Standards Waiver from Section 10A-
600 (e) to permit all parking for 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 0.438 acres
(approximately 19,114 sf) and is located at 7447 Main Street within the General
Retail (GR) zoning district and the Gateway Overlay District.
Director of Planning, Isaac Williams, presented the proposed ordinance to
Council.
The public hearing opened at 7:10 p.m. and closed at 7:11 p.m. Mary Herrera,
Little Elm, spoke on behalf of the owner.
Council provided discussion on the item.
Motion to approve – Holtz; second by Ensweiler, motion carried with all ayes with Wade voting
no.
ORDINANCE NO. 2023-2499
5.2 Discuss and consider approving a resolution authorizing the City Manager to
execute certain payments by The Colony Local Development Corporation, The
Colony Economic Development Corporation, and The Colony Community
Development Corporation related to the construction of projects within Tax
Increment Reinvestment Zone Number One, and resolving other matters related
thereto.
Deputy City Manager, Brant Shallenburger, presented the proposed resolution to
Council.
Motion to approve –Marks; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2023-004
5.3 Discuss and consider approving a resolution authorizing the City Manager to
execute a City Consent Certificate authorizing Susser Bank to receive certain tax
13
City Council – Regular Meeting Agenda
January 3, 2023
Page| 4
rebates related to the PD-18 Developer's Agreement and related amendments, the
PD-23 Developer's Agreement and related amendments, and the Tax Increment
Reinvestment Zone #2 Reimbursement Agreement.
City Attorney, Jeff Moore, presented this item to the Council.
Motion to approve-Schrag; second by Marks, motion carried with all ayes. Wade abstained
from the discussion and vote.
RESOLUTION NO. 2023-005
5.4 Discuss and consider a resolution approving a Third Amendment to Ground Lease
Agreement with Wynnwood Army, LLC, a Texas limited liability company.
City Attorney, Jeff Moore, presented this item to the Council.
Motion to approve as revised– Marks; second by Ensweiler, motion carried with all ayes. Wade
abstained from the discussion and voting.
RESOLUTION NO. 2023-006
5.5 Discuss and consider approving a resolution authorizing the City Manager to
execute a Consent to Assignment to the Assignment, Assumption, and Amendment
of Sublease Agreement by and between the Wynnwood Peninsula Golf, LLC, a
Texas limited liability company; Tribute Lakeside Resort, L.P., a Texas limited
partnership; and Wynnwood Army, LLC, a Texas limited liability company.
City Attorney, Jeff Moore, presented this item to the Council.
Motion to approve-Marks; second by Holtz, motion carried with all ayes. Wade abstained from
the discussion and voting.
RESOLUTION NO. 2023-007
5.6 Discuss and consider approving a resolution authorizing the City Manager to
execute an agreement regarding Ground Lease with Centennial Bank, an Arkansas
State Bank, and Republic Title of Texas, Inc.
City Attorney, Jeff Moore, presented this item to the Council.
Motion to approve-Terre; second by Holtz, motion carried with all ayes. Wade abstained from
the discussion and voting.
RESOLUTION NO. 2023-008
Executive Session was convened at 7:36 p.m.
6.0 EXECUTIVE SESSION
14
City Council – Regular Meeting Agenda
January 3, 2023
Page| 5
6.1 A. Council shall convene into a closed executive session pursuant to Sections
551.071 of the Texas Government Code to receive legal advice from the City
Attorney regarding contemplated litigation – Chapter 54 action or similar cause of
action - Block A, Lot 20R of the Haven Hills Mobile Home Estates – 7435
Anderlan Road.
B. 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).
Regular Session was reconvened at 8:18 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding contemplated litigation –
Chapter 54 action or similar cause of action - Block A, Lot 20R of the Haven Hills
Mobile Home Estates – 7435 Anderlan Road.
No Action
B. 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)
Motion to authorize the City Attorney to commence a Chapter 54 Cause of Action or similar
action for Block A, Lot 20R of the Haven Hills Mobile Home Estates - 7435 Anderlan Road-
Ensweiler; second by Schrag, the motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:19 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
15
City Council – Regular Meeting Agenda
January 3, 2023
Page| 6
16
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
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 renewal contract for services with
Tod-Co Consultative Services to provide assistance in the development of a Hotel/Convention Center.
(Shallenburger)
Suggested Action:
Attachments:
Tod Maurina- Independent Contractor Agreement 2023-24.pdf
Res. 2023-xxx Tod-Co Contract for Services.doc
17
INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (hereinafter referred to as the
“Agreement”) is made and entered to be effective the 1st day of February, 2023, by and between
the CITY OF THE COLONY, TEXAS (hereinafter referred to as the “City”), a Texas home-rule
municipality, and Tod-Co Consultative Services (hereinafter referred to as “Contractor”), both
of which parties hereto understand and agree as follows:
WITNESSETH:
WHEREAS, it is the desire of the City of The Colony, Texas, to engage the services of
Contractor in order to assist in the development of a Hotel/Convention Center (hereinafter referred
to as the “Project”).
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and hereinbefore stated, the parties hereto agree as follows:
A. Term
This Agreement shall take effect on February 1, 2023 and shall continue until January 31,
2024.
B. Scope of Work
Contractor shall provide the necessary professional services to allow for the development
of a hotel/convention center, manage its employees, negotiate acquisition of required real estate,
maximize available State statutory rebates, coordinate with the hotel developer, and report to the
City regularly on the status of such activities. The policy making and governmental functions
relating to the project shall remain fully vested with the City. Such functions shall include, but
limited to, making decisions regarding significant capital requirements for the project, approving
a major contracting for services or goods; responsibility for the statutory requirements of the State
rebates, funding and the like; and any other significant business or policy decisions related to the
development of the Hotel/Convention Center. From time to time as questions with policy
implications arise, Contractor shall consult with the City to reach agreement on the degree of
involvement the City that may be necessary under this paragraph. In the event the parties are unable
to agree, the matter shall be deemed within the oversight and policy function of the City and the
City’s decision in the matter shall in all events be controlling.
Contractor shall abide by all City rules, regulations and policies as detailed in the City
Charter, the Municipal Code, the City Code of Ordinances, state law and as reasonably directed
by the City.
18
C. Compensation
Contractor shall be compensated in the amount of one hundred thirteen thousand forty
dollars ($113,040.00) payable in monthly installments of nine thousand four hundred twenty
dollars ($9,420.00). The first payment shall be due and issued on February 24, 2023 with each
subsequent payment made on the last Friday of each month until the final payment is made on
January 26, 2024. In addition, the City agrees to provide the Contractor access to City cell phone
services and data plan.
D. Technology Equipment
The City agrees to provide Contractor with technology interface equipment such as cellular
telephone, computing equipment, etc. used in the scope of work as outlined herein. Technology
equipment shall be determined and provided by the City at their sole discretion. Contractor shall
have the right to retain possession as additional compensation upon termination of this contract.
E. Travel Expenses
The City agrees to reimburse Contractor for reasonable travel expenses incurred in the
scope of his work as outlined herein. Travel expenses shall be preapproved by the City prior to
being incurred. Contractor shall request reimbursement by submitting an itemized request,
including receipts, to the City.
Contractor shall receive additional automobile-related reimbursement. The mileage fee
will be equivalent to that established by the Internal Revenue Service.
Reimbursement shall be requested through the Director of Government Relations.
G. Contractor’s Employees
Contractor has and retains full control and supervision of the services performed as
described in the Statement of Work and has full control over the employment and compensation
and discharge of all persons, other than the City employees, assisting in the performance of the
services referenced herein. Contractor shall be solely responsible for all matters relating to
payment of wages to its employees, including but not limited to compliance with social security
payroll tax withholdings and unemployment compensation. Contractor further agrees to be
responsible for its own acts and those of its subordinates, employees and any subcontractors, if
any, during the term of this Agreement. Further, Contractor’s relationship to the City is that of an
independent contractor, and not an agent, employee or servant. Contractor shall have no authority
to bind the City or any of its administrators, officers or employees. In the ordinary course of
business, Contractor may perform services for parties other than the City and is not precluded from
doing so by this Agreement so long as those services do not conflict with the goals and objectives
of the City.
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H. Business Expenses
Contractor shall provide any and all supplies, equipment or other business expenses used
for services; however, Contractor shall coordinate with the City the use of any City owned
supplies, equipment or services if same are available.
I. Liability
The City shall not be liable or responsible for any injuries, damages or losses of Contractor
during the course and scope of the services performed by Contractor pursuant to this Agreement.
Independent Contractor shall defend, indemnify and hold harmless the City and its officers, agents
and employees from and against all damages, claims, losses and demands made by Contractor
arising out of or resulting from the performance of her services.
J. Right of Termination
The City reserves the right to cancel this Agreement at any time, with or without notice, to
Contractor, in the City’s sole discretion. Contractor may cancel this Agreement after providing the
City with at least thirty (30) days’ notice. If Contractor engages in any activity that poses an
immediate threat to the health, safety or reputation of Contractor’s or the City’s employees,
residents, invitees, agents or representatives, such termination of this Agreement may be
immediate. Termination of this Agreement under this paragraph shall result in the voiding of any
upcoming payments that may be due.
[The Remainder of this Page Intentionally Left Blank]
20
IN WITNESS WHEREOF, the City of The Colony, Texas, has caused this Independent
Contractor Agreement to be signed and executed on its behalf by the City Manager and Contractor
has signed and executed this Independent Contractor Agreement.
Signed this the day of , 2023.
CITY OF THE COLONY, TEXAS
________________________________________
Troy C. Powell, City Manager
City of The Colony, Texas
ACCEPTED:
____________________________________
Tod K. Maurina, Principal
Tod-CO Consultative Services
21
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO RENEW A CONTRACT FOR SERVICES BY AND
BETWEEN THE CITY OF THE COLONY AND TOD-CO
CONSULTATIVE SERVICES TO PROVIDE ASSISTANCE IN
THE DEVELOPMENT OF A HOTEL/CONVENTION CENTER;
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the CONTRACT FOR SERVICES by and between the City of
The Colony and Tod-Co Consultative Services for the purpose of providing assistance
in the development of a Hotel/Convention Center.
Section 2. That this Contract for Services attached hereto as Exhibit “A”, is
found to be acceptable and in the best interest of the City and its citizens, and the City
Manager is hereby authorized to renew the Contract on behalf of the City of The Colony,
Texas, with the terms and conditions as stated therein.
Section 3.That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 17TH DAY OF JANUARY 2023.
__________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______________________________________
Jeffrey L. Moore, City Attorney
22
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with L.J. Design &
Construction, LLC in the amount of $656,822.26 for the construction of West Shore Park to be paid from the
CDC fund. (Lehman)
Suggested Action:
Attachments:
1.6 West Shore Park - Letter of Recommendation.pdf
Revised Bid Tabulation - West Shore Park.pdf
Res. 2023-xxx L.J. Design Construction Contract.docx
23
24
Project: West Shore Park Park Bid Form?Qualifications?Bid Form?Qualifications?Bid Form?Qualifications?Bid Form?Qualifications?Bid Form?Qualifications?
Item #Quantity Unit Item Description & Written Price Item #Total Item #Total Item #Total Item #Total Item #Total
1 1 LS
Construction Staking
_____________________________ Dollars
_____________________________ Cents
1 $11,000.00 1 $3,630.00 1 $4,524.03 1 $5,196.00 1 $18,300.00
2 1 LS
SWPPP & Erosion Control Elements
_____________________________ Dollars
_____________________________ Cents
2 $16,500.00 2 $21,012.35 2 $19,827.39 2 $9,462.26 2 $25,620.00
3 1 LS
General Site Preparation, Demo & Staging Area
_____________________________ Dollars
_____________________________ Cents
3 $50,000.00 3 $22,683.38 3 $8,049.45 3 $76,512.63 3 $170,800.00
4 1 LS
Earthwork and Grading.
_____________________________ Dollars
_____________________________ Cents
4 $269,500.00 4 $127,430.18 4 $197,256.00 4 $130,621.72 4 $131,824.00
5 1 LS
Concrete Components
_____________________________ Dollars
_____________________________ Cents
5 $192,500.00 5 $90,331.89 5 $157,372.49 5 $232,870.40 5 $265,445.00
6 1 LS
Site Utilities.
_____________________________ Dollars
_____________________________ Cents
6 $0.00 6 $0.00 6 $0.00 6 $0.00 6 $0.00
7 1 LS
Landscaping and Reseeding.
_____________________________ Dollars
_____________________________ Cents
7 $0.00 7 $0.00 7 $0.00 7 $0.00 7 $0.00
8 1 LS
Signage and Site Amenities.
_____________________________ Dollars
_____________________________ Cents
8 $93,500.00 8 $110,072.88 8 $220,018.64 8 $242,911.98 8 $123,445.00
9 1 LS
Alternate Bid Items.
_____________________________ Dollars
_____________________________ Cents
9 $0.00 9 $0.00 9 $0.00 9 $0.00 9 $0.00
10 1 LS
Contingency.
_____________________________ Dollars
_____________________________ Cents
10 $90,000.00 10 $90,000.00 10 $90,000.00 10 $90,000.00 10 $90,000.00
Total General Bid Elements $723,000.00 $465,160.68 $697,048.00 $787,574.99 $825,434.00
Material Cost $450,310.80 $363,180.00 $497,334.85 $537,291.58 $571,150.20
Labor, Suprevision, and materials not
incorporated into the project $675,466.20 $548,051.43 $406,910.20 $358,194.39 $380,766.80
Total Base Bid $1,125,777.00 $911,231.43 $904,245.05 $895,485.97 $951,917.00
Deducted Bid Elements $334,450.00 $344,409.17 $284,351.87 $309,841.35 $316,567.00
Total Base Bid - Scope of Work + New
Contingency $881,327.00 $656,822.26 $709,893.18 $675,644.62 $725,350.00
L.J. Design & Construction, LLC -
Greg Woolsey, 817-999-6025
Millis Development and
Construction - Dallas, LLC - Chad
Millis, 469-291-8176
The following bid items to include all labor, tools, equipment, superintendence, materials
and any other requisite necessary to perform the work stated in accordance with the plans
& specifications, complete and in place.
Client:
Description:
Y
J.C. Commercial, Inc. - Larry Wagnor,
972-436-4622
Y Y YY Y
Ratliff Hardscape, Ltd - Booder
McWhorter, 972-436-2508
North Rock Construction LLC -
Kenneth Williamson, 940-220-5500
Y YYY
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH L.J.
DESIGN AND CONSTRUCTION FOR THE WEST SHORE PARK
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas has duly reviewed and
considered the Construction Services Contract between the City of The Colony, Texas and L.J.
Design and Construction, for the West Shore Park Project, in the amount of $656,822.26 for such
work.
Section 2. That this contract amendment is found to be acceptable and in the best interest of
the City and its citizens, and the City Manageris hereby authorized to execute the contract amendment
on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS THE 17
TH DAY OF JANUARY 2023.
_____________________________
ATTEST:Richard Boyer, Mayor
City of The Colony, Texas
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
26
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $403,925.00 with RoeschCo Construction, Inc. for the Citywide Drainage Improvements Project.
(Hartline)
Suggested Action:
Background:
City Council approved funding for the Citywide Drainage Improvements Project in the 2022-2023 Storm Water
Utility budget. The project’s scope of work consists of the installation of NDS channel drains, HDPE pipes,
various size ADS duraslot drains, Nyoplast inline drains, grate inlets and other roadway drainage improvements
in the Tribute and other areas of the city where large water ponding areas are present in the city streets. This
project will provide work order based construction services to assist in providing a drainage system to remove
the ponding water in neighborhoods and/or roadways within the city limits of The Colony. Work for this contract
will be provided through individual project work orders based on the availability of funds and in accordance with
the successful bidder’s unit cost bid pricing. Please see the attached photos of similar types of drainage
problems being encountered and repair work recently performed in the Tribute.
The project specifications manual was completed in-house by Engineering Department Staff and the project
was advertised for bid. The bids were opened on January 4, 2023 and two bids were received. The low bidder
was RoeschCo Construction, Inc. with a price of $403,925.00. City staff received positive feedback from the
City of Garland and our Engineering/Parks Project Manager Chase Smith indicating that RoeschCo
Construction is capable of successfully performing this project. RoeschCo Construction completed a similar
project for the city last year. City engineering staff recommends approval of the contract with this company.
The recommendation letter is attached for review.
Recommendations:
Staff recommends approval of a Construction Services Contract with RoeschCo Construction, Inc. for the
Citywide Drainage Improvements Project. With approval, the project is anticipated to start construction in
February 2023 with an estimated completion in December 2023.
Attachments:
Certified Bid Tab
Recommendation Letter
Example Project Photos
FINANCIAL SUMMARY.pdf
27
Res. 2023-xxx RoeschCo Construction - Citywide Drainage Improvements Project.docx
28
29
30
31
32
33
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $ 403,925.00
Fund(s) number and Account #: Fund 895-665-6421, Project Number 2385 ($200,000.00)
Storm Water Utility Fund Balance ($203,925.00)
½ Project Reimbursement from Tribute HOA ($200,000.00)
Source of Funds: 2022-2023 Storm Water Utility Funding
Cost of recommended construction services contract award: $ 403,925.00
Total estimated project cost:
$ 0.00 Engineering Already authorized Yes No
$ 403,925.00 Construction Already authorized Yes No
$ 403,925.00 Total estimated costs
35
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND ROESCHCO CONSTRUCTION, INC., TO
INCLUDE CONSTRUCTION OF THE CITYWIDE DRAINAGE
IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas has duly reviewed and
considered the Construction Services Contract between the City of The Colony, Texas and Roeschco
Construction, Inc., for the Citywide Drainage Improvements Project, in the amount of $ 403,925.00.
Section 2. That this contract amendment is found to be acceptable and in the best interest of
the City and its citizens, and the City Manageris hereby authorized to execute the contract amendment
on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 17TH DAY OF JANUARY 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_______
Jeffrey L. Moore, City Attorney
36
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A, Section
10 of the Code of Ordinances of the city of The Colony, Texas, by amending Section 10-100, entitled "Schedule
of Uses by District,” by amending the use chart for the “Car Wash and Auto Laundry” use to require a Specific
Use Permit (“SUP”) in Shopping Center (SC), General Retail (GR), Light Commercial (LC), Heavy Commercial
(HC), and Industrial (I) Districts. (Williams)
Suggested Action:
Please see the attached staff report for detailed analysis and staff recommendations
Attachments:
SI23-0001 CC Staff Report Ordinance amendment Carwash and Auto Laundry.pdf
Ord. Use Chart Amendment - Car Wash Use - Exhibit.docx
Ord. 2023-xxxx Car Wash Use Amendment.docx
37
1
CITY COUNCIL REPORT
AGENDA DATE: January 17, 2023
DEPARTMENT: Planning Department
SI23-0001 Zoning Text Amendment- Appendix A, Section 10 (Car wash and Auto Laundry)
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 10 of the Code of Ordinances of the city of The Colony, Texas, by amending Section
10-100, entitled "Schedule of Uses by District,” by amend ing the use chart for the “Car Wash and
Auto Laundry” use to require a Specific Use Permit (“SUP”) in Shopping Center (SC), General
Retail (GR), Light Commercial (LC), Heavy Commercial (HC), and Industrial (I) Districts.
BACKGROUND
Upon observation of an increased interest in the development of “Car Wash and Auto Laundry”
uses within the City, and with consideration of 1) potential future locations, 2) the proximity of
those sites to similar existing uses and 3) concern of the market absorption of such use s, the City
Council requested an evaluation of the zoning ordinance to determine the appropriateness of the
review process for “Car Wash and Auto Laundry” uses.
Staff began review of the Zoning Ordinance and found the ordinance provides no restriction to the
number of “Car Wash and Auto Laundry” facilities within a specific location, and are permitted
“by-right” in a majority of the non-residential districts within the City. Therefore a site requires
land development review and no zoning or land use determ inations are made.
Records reflect five (5) car wash establishments citywide; three (3) and a potential 4 th are within
the approximately mile stretch between South Colony Boulevard and Memorial Drive .
In light of these findings, staff has brought forth an amendment to the ordinance that requires
Specific Use Permit approval for these establishment types.
CONSIDERATIONS
Car Wash and Auto Laundry uses are defined as:
A facility for the washing and/or steam cleaning of passenger automobiles (including a
self-service operation), operating either as a separate facility or when installed and
operated in conjunction with another use, including gas service station, and which
installation includes equipment customarily associated with an auto laundry and is
installed solely for the purpose of washing and cleaning of automobiles.
The Specific Use Permit review considers the following:
That “Certain uses because of their nature and existing location are not appropriate for
categorizing into specific zoning dist ricts.”
38
2
SUP consideration is “To provide for the proper handling and location of such specific
uses, provision is made for amending this ordinance to grant a permit for a specific use in
a specific location.”
“The procedure for approval of a specific use permit includes a public hearing and the
amending ordinance may provide for certain restrictions and standards of operation.”
That there is a “finding of the city planning and zoning commission and city council that
such specific use is compatible with adjacent property use and consistent with the
character of the neighborhood.”
Specific Use Permit conditions a re intended to provide additional evaluation of the
appropriateness of a particular use at a given location within the City. The Ordinance provides the
following Specific Use Permit criteria (Section 10-905):
Conformance with the City of The Colony's Comprehensive Plan;
Conformance with applicable regulations and standards established by the zoning
regulations;
Compatibility with existing or pe rmitted uses on abutting sites, in terms of building height,
bulk and scale, setbacks and open spaces, landscaping and site development, access and
circulation features, architectural compatibility;
Potentially unfavorable effects or impacts on other existing or permitted uses on abutting
sites, to the extent such impacts exceed those which reasonably may result from use of the
site for a permitted use;
Modifications (including variance from property development regulations) to the site plan
which would result in increased compatibility, would mitigate potentially unfavorable
impacts, would be necessary to conform to applicable regulations and standards and
would protect the public health, safety, morals and general welfare;
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;
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;
Location, lighting, and type of signs; the relation of signs to traffic control and adverse
effect of sings on adjacent properties;
Adequacy and convenience of off-street parking and loading facilities;
Determination that the proposed use is in accordance with the objectives of these zoning
regulations and the purpose of the zoning district in which the site is located;
39
3
Determination that the proposed use will comply with each of the applicable provisions of
these zoning regulations;
Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with exist ing or permitted uses in the
vicinity;
Determination that any conditions applicable to approval are the minimum necessary to
minimize potentially unfavorable impacts on nearby uses in the same district and the
surrounding area; and
Determination that the proposed use, together with the conditions applicable thereto, will
not be detrimental to the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
In authorizing a specific use permit, the planning and zoning commission may recommend
and the city council may impose additional reasonable conditions necessary to protect the
public interest and welfare of the community, including a time period for which a specific
use permit is valid.
The proposed ordinance revisions are as follows:
EXISTING VERSION (Car Wash and Auto Landry )
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
143 Car
Wash
and
auto
laundry
N N N N N N N N N N N N N N
These establishments are permitted “by-right” within the Shopping Center (SC), General Retail
(GR), Light Commercial (LC), Heavy Commercial (HC), Industrial (I) Districts .
These district are prominently found along Main Street and at major intersections with in the City
such as the intersections of South Colony Boulevard and Paige Road and North Colony and Paige
Road.
PROPOSED REVISION
Appendix A, Section 10, Section 10-100, of the Comprehensive Zoning Ordinance of the City of
The Colony, Texas, entitled “Schedule of Uses by District” is hereby amended by amen ding the
use chart for the use “(43) Car wash and Auto Laundry” which shall read as follows:
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
143 Car
Wash
and
auto
laundry
N N N N N N N N N N N N N S S S S S N
This proposed ordinance amendment removes Car Wash and Auto Laundry uses “by-right”
throughout the City and leaves the ability for new establishments with SUP approval or within
Planned Developments (PD) districts only when specifically permit ted by the PD ordinance.
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4
Any previously existing Car Wash and Auto Laundry may continue to operate provided they
remain otherwise lawful and in accordance with Section 20 - Nonconforming uses and structures.
As reflected in the current zoning ordinance, the Planning Commission and City Council shall
review and evaluate Specific Use Permit requests using criteria found in Section 10 -905. In
authorizing a Specific Use Permit, the Planning and Zoning Commission may recommend and the
City Council may impose additional reasonable conditions necessary to pr otect the public interest
and welfare of the community, including operational standards and a time period for which a
specific use permit is valid.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the
Planning and Zoning Commission meeting for text amendments. Notice for this Public Hearing
was published in The Dallas Morning News on December 30, 2022. No comments, either for or
against the text amendment, were received as of the printing of this packet.
PRIOR ACTION
On January 10, 2023 Planning and Zoning Commission voted (5-0) to recommend approval of the
proposed Zoning Text Amendment.
ATTACHMENTS
1. Staff Report
2. Proposed Ordinance
41
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
Type of Use
143 Car Wash and Auto
Laundry
N N N N N N N N N N N N N S S S S S N
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Page 1 of 3
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10 OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
AMENDING SECTION 10-100, ENTITLED "SCHEDULE OF USES BY
DISTRICT,” BY AMENDING THE USE CHART FOR THE “CAR WASH
AND AUTO LAUNDRY” USE TO REQUIRE A SPECIFIC USE PERMIT
(“SUP”) IN SHOPPING CENTER (SC), GENERAL RETAIL (GR), LIGHT
COMMERCIAL (LC), HEAVY COMMERCIAL (HC), AND INDUSTRIAL
(I) DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by amending Section 10-100, entitled “Schedule of
Uses by District” to require a Specific Use Permit (“SUP”) for the Car Wash and Auto Laundry
Use within Shopping Center (SC), General Retail (GR), Light Commercial (LC), Heavy
Commercial (HC), and Industrial (I) districts.
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 Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 10-100 entitled “Schedule of Uses by
District” by amending the “Car Wash and Auto Laundry” use, which is attached hereto as Exhibit
A, and is incorporated herein for all purposes.
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, 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 Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 4.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
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Page 2 of 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 17
TH DAY OF JANUARY 2023.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
44
Page 3 of 3
Exhibit A
45
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Kimberly Thompson
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:
46
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Kimberly Thompson
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:
47