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HomeMy WebLinkAbout2023 0404Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing the month of April as Sexual Assault Awareness Month with Denton County Friends of the Family. (Mayor) Suggested Action: Attachments: Sexual Assault Awareness Month Proclamation.docx 4 MAYORAL PROCLAMATION WHEREAS,sexual harassment, abuse, and assault are widespread problems. In the United States alone, nearly one in five women and one in 33 men have been raped at some time in their lives, and one in four girls and one in 6 boys is sexually abused by their 18th birthday.In fact, an American is sexually assaulted every 68 seconds.3 WHEREAS,sexual assault affects every adult, teen, and child in Denton County either as a victim/survivor of sexual assault or as a family member, significant other, friend, neighbor, or co-worker; and, WHEREAS,few survivors of sexual violence seek help immediately after victimization due to shame or fear of not being believed. In order to end sexual assault, we must alleviate these fears. We must begin by believing; and, WHEREAS,Denton County Friends of the Family staff and volunteers provide comprehensive and compassionate services to those impacted by sexual assault, including a Survivor Advocate Team responding 24/7 to local hospitals and law enforcement agencies to support victims of sexual assault; and, WHEREAS,April 2023 marks the twenty-first anniversary of Sexual Assault Awareness Month during which Denton County Friends of the Family will be intensifying efforts to promote public understanding of sexual assault, publicizing their services, emphasizing the need for increased community support for their agency, and to increase awareness of needs of survivors; NOW THEREFORE,On behalf of the The Colony City Council, we do hereby proclaim the month of April, 2023, as: “SEXUAL ASSAULT AWARENESS MONTH” in the City of The Colony and encourage all citizens to learn more about the effects of sexual assault and how to support survivors. SIGNED AND SEALED THIS THE 4TH DAY OF APRIL 2023. ____________________________________ Richard Boyer, Mayor 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 6 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Kimberly Thompson Submitting Department: Parks & Recreation Item Type: Presentation Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell) Suggested Action: Attachments: 7 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 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: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Special Session Board Interviews meeting minutes from March 20, 2023 and Regular Session meeting minutes from March 21, 2023. (Stewart) Suggested Action: Attachments: March 20, 2023 Special Session Board Interviews DRAFT Minutes.doc March 21, 2023 DRAFT Minutes.docx 9 MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON MARCH 20, 2023 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:35 p.m. on the 20 th day of March 2023, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Councilmember Present Robyn Holtz Councilmember Present Brian Wade Deputy Mayor Pro Tem Present David Terre Councilmember Absent (Personal) Perry Schrag Councilmember Present Joel Marks Mayor Pro Tem Absent (Business) In addition,with 5council members present,a quorum was established and thefollowing items were addressed: 1. Call to Order – Mayor Boyer called the meeting to order at 6:35 p.m. 2. City Council to conduct interviews for appointments to the following advisory boards: Planning and Zoning Commission and Technologies Executive Session was convened at 6:36 p.m. Executive Session: 3. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to conduct interviews and to deliberate the appointment, evaluation, reassignment, or duties of the following advisory boards: Planning and Zoning Commission Regular Session was reconvened at 8:25 p.m. Executive Session Action: 4. Any action as a result of executive session regarding the appointment, evaluation, reassignment, or duties of the following advisory boards: Planning and Zoning Commission Motion to appoint Jeff Baranto Place 2on the Planning & Zoning Commission Advisory Board- Ensweiler; second by Holtz, motion carried with all ayes. 10 5. Discuss and consider the appointment, evaluation, reassignment, or duties of the following boards: Technologies Motion to appoint Shawn Adams to Place 7 on the Technologies Board- Ensweiler; second by Holtz, motion carried with all ayes. Adjourn With no further business to discuss, the meeting was adjourned at 8:27 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony ATTEST: ____ Tina Stewart, TRMC, CMC, City Secretary 11 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 MARCH 21, 2023 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32p.m.on the 21st day of March 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 Absent (Personal) Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:32 p.m. 1.2 Invocation Pastor Jesus Cantu with Odeelia 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 Recognition as a 2022 Tree City USA. Mayor recognized The City of The Colony as 2022 Tree City USA. 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. 2.0 CITIZEN INPUT None. 12 City Council – Regular Meeting Agenda March 21, 2023 Page| 2 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- Ensweiler; seconded by Holtz, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from March 7, 2023. 4.2 Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Kimley-Horn And Associates, Inc. for design services to replace and relocate the existing playground at Bill Allen Memorial Park in the amount of $68,800 to be funded by Community Development Corporation. RESOLUTION NO. 2023-021 4.3 Consider approving a resolution authorizing the City Manager to execute a Professional Service Agreement with Halff Associates, LLC for design services for the Park Loop Trail Extension from North Colony to Squires Drive along the Oncor easement and the Aquatic Park Trail Connection from Fire Station 2 to Taylor Street in the amount of $148,690.00 to be funded by Community Development Corporation. RESOLUTION NO. 2023-022 4.4 Consider approving a resolution authorizing the city manager to execute a contract with Wilson Contractor Services in the amount of $155,456.20, for emergency repair of the sewer main collapse near the alley behind the properties at 4620 and 4624 Archer drive. RESOLUTION NO. 2023-023 4.5 Consider approving a resolution authorizing the City Manager to award a bid to Yellowstone Landscaping in the amount of $83,402.34 for citywide mowing surrounding pump stations, storage tanks, and lift stations needed throughout the city. RESOLUTION NO. 2023-024 13 City Council – Regular Meeting Agenda March 21, 2023 Page| 3 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to the Comprehensive Zoning Ordinance amending Appendix A, Section 17A by amending Subsection 17A-1100 entitled “Recommended plant list”; and amending Section 10A by amending Subsection 10A-800 entitled “Texas SmartScape® Plant List.” Director of Planning, Isaac Williams, presented the proposed amendments to the Comprehensive Zoning Ordinance. The public hearing opened at 6:45 and closed at 6:46 p.m. with no speakers. Council provided discussion on the item. Motion to approve – Holtz; second by Wade, motion carried with all ayes. ORDINANCE NO. 2023-2506 5.2 Discuss and consider approving the Site Plan application of “Fireside Surf,” an approximately 16,359 square-foot Commercial Amusement facility within Lot 3R, Block B of the Lifestyle Center of Grandscape, containing approximately 0.376 acres, and located northeast of the intersection of Destination Drive and Grove Lane with the Planned Development 25 (PD-25). Director of Planning, Isaac Williams, provided an overview of the site plan application. Representative, Bill Adams, answered questions from Council. Motion to approve – Marks; second by Holtz, motion carried with all ayes. ORDINANCE NO. 2023-2507 5.3 Discuss and consider approving a resolution authorizing the City Manager to execute a grant request from Stewart Peninsula Golf Course to waive their 2023 ground lease fees to allow for reinvestment of those fees into infrastructure improvements at the golf course. Community Services Director, Jackie Kopsa, gave an overview of this item. Motion to approve – Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2023-025 14 City Council – Regular Meeting Agenda March 21, 2023 Page| 4 5.4 Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to Metro Fire in the amount of $1,744,856.00 for the purchase of a new Spartan Fire Tractor-Drawn Aerial (TDA) fire apparatus to replace Truck 14 assigned to Fire Station #4. Fire Chief, Scott Thompson, provided an overview of this item. Motion to approve – Holtz; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2023-026 5.5 Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying Lot 4R2-1, Block H, Grandscape Addition, Phase II, an addition to the City of The Colony, Denton County, Texas. Executive Business Liaison, Jeremie Maurina, provided an overview of the proposed resolution. He outlined the construction services of the proposed site and conditions under which it would be granted. Motion to approve – Marks; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2023-027 5.6 Conduct a public hearing discuss and consider an ordinance to amendment to the Code of Ordinances, Appendix D- Comprehensive Plan by amending and updating the City’s Comprehensive Plan and Future Land Use Map. Director of Planning, Isaac Williams, provided an overview of this item. The public hearing opened and closed at 7:22 p.m. with no speakers. Council provided discussion on the item. Motion to approve – Ensweiler; second by Marks, motion carried with all ayes. ORDINANCE NO. 2023-2508 Executive Session was convened at 7:26 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial 15 City Council – Regular Meeting Agenda March 21, 2023 Page| 5 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 appointment, evaluation, reassignment, duties, or dismissal of Planning and Zoning Commission board member or members. Regular Session was reconvened at 7:58 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 appointment, evaluation, reassignment, duties, or dismissal of Planning and Zoning Commission board member or members. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 7:58 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 16 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Tina Stewart Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing continued participation with the Steering Committee of Cities served by Oncor. (Miller) Suggested Action: Resolution and payment of annual dues for membership in the Steering Committee of Cities served by Oncor. Attachments: ACSC 2023 Assessment Model Staff Report.docx Res. 2023-xxx ACSC 2023 Assessment Model.docx 17 STAFF REPORT ON ASSESSMENT RESOLUTION FOR ATMOS CITIES STEERING COMMITTEE Purpose of the Resolution: Most municipalities have retained original jurisdiction over gas utility rates and services within municipal limits. The Atmos Cities Steering Committee (“ACSC”) is composed of 184 municipalities in the service area of Atmos Energy Corporation, Mid-Tex Division that have retained original jurisdiction. Atmos is a monopoly provider of natural gas. Because Atmos has no competitors, regulation of the rates that it charges its customers is the only way that cities can ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than each city could do acting alone. Cities have more than 100 years experience in regulating natural gas rates in Texas. ACSC is the largest coalition of cities served by Atmos Mid-Tex. There are 184 ACSC member cities, which represent more than 60 percent of the total load served by Atmos-Mid Tex. ACSC protects the authority of municipalities over the monopoly natural gas provider and defends the interests of residential and small commercial customers within the cities. Although many of the activities undertaken by ACSC are connected to rate cases (and therefore expenses are reimbursed by the utility), ACSC also undertakes additional activities on behalf of municipalities for which it needs funding support from its members. The ACSC Membership Assessment Supports Important Activities: ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Atmos within the City. These activities will continue throughout the calendar year. It is possible that additional efforts will be necessary on new issues that arise during the year, and it is important that ACSC be able to fund its participation on behalf of its member cities. A per capita assessment has historically been used, and is a fair method for the members to bear the burdens associated with the benefits received from that membership. Explanation of Resolution Paragraphs: I.This paragraph authorizes the continuation of the City’s membership in ACSC. II.This paragraph authorizes payment of the City’s assessment to the ACSC in the amount of five cents ($0.05) per capita. III.This paragraph requires notification that the City has adopted the Resolution. Payment of Assessment The assessment payment check should be made out to “Atmos Cities Steering Committee” and mailed to Brandi Stigler, Atmos Cities Steering Committee, c/o Arlington City Attorney’s Office, Mail Stop 63-0300, 101 S. Mesquite St., Suite 300, Arlington, Texas 76010. 18 81855011 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE (ACSC); AND AUTHORIZING THE PAYMENT OF FIVE CENTS PER CAPITA TO THE ATMOS CITIES STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ATMOS ENERGY CORPORATION WHEREAS, the City of The Colony is a regulatory authority under the Gas Utility Regulatory Act (GURA) and has exclusive original jurisdiction over the rates and services of Atmos Energy Corporation, Mid-Tex Division (Atmos) within the municipal boundaries of the city; and WHEREAS, the Atmos Cities Steering Committee (ACSC) has historically intervened in Atmos rate proceedings and gas utility related rulemakings to protect the interests of municipalities and gas customers residing within municipal boundaries; and WHEREAS, Atmos Cities Steering Committee is participating in Railroad Commission dockets and projects, as well as court proceedings and legislative activities, affecting gas utility rates; and WHEREAS, the City is a member of Atmos Cities Steering Committee (ACSC); and WHEREAS, in order for Atmos Cities Steering Committee to continue its participation in these activities which affects the provision of gas utility service and the rates to be charged, it must assess its members for such costs; NOW THEREFORE, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: I. That the City is authorized to continue its membership with the Atmos Cities Steering Committee to protect the interests of the City of The Colony and protect the interests of the customers of Atmos Energy Corporation, Mid-Tex Division residing and conducting business within the City limits. II. 19 81855012 The City is further authorized to pay its 2023 assessment to the Atmos Cities Steering Committee in the amount of five cents ($0.05) per capita. III. A copy of this Resolution and the assessment payment check made payable to “Steering Committee of Cities Served by Oncor”shall be sent to Brandi Stigler, Steering Committee of Cities Served by Oncor, c/o City Attorney’s Office, Mail Stop 63-0300, 101 S. Mesquite St., Suite 300, Arlington, Texas 76010. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 4TH DAY OF APRIL 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 20 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute the adoption of the Denton County, Texas Multi-Jurisdiction Hazard Mitigation Plan. (Beene) Suggested Action: Attachments: Denton County Hazard Mitigation Plan - Approvable Pending Adoption Notice.pdf Res. 2023-xxx Denton County Hazardous Mitigation Plan.docx 21 22 23 24 25 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AND ADOPTING THE DENTON COUNTY’S HAZARD MITIGATION PLAN AND AUTHORIZE ANY AND ALL ACTIONS NECESSARY AND RELATED THERETO; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS,the Federal Disaster Mitigation Act of 2000 and Federal Emergency Management Agency (hereinafter referred to as “FEMA”) require communities to adopt a hazard mitigation action plan to be eligible for the full range of pre-disaster and post-disaster federal funding for mitigation purposes; and WHEREAS,FEMA requires that communities update hazard mitigation action plans every five years in order to be eligible for the full range of pre-disaster and post-disaster federal funding for mitigation purposes; and WHEREAS,the City of The Colony, Texas, has assessed the community’s potential risks and hazards and is committed to planning for a sustainable community and reducing the long-term consequences of natural and man-caused hazards; and WHEREAS,the Denton County Hazard Mitigation Plan outlines a mitigation vision, goals and objectives; assesses risk from a range of hazards; and identifies risk reduction strategies and actions for hazards that threaten the community. 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, does hereby approve the Denton County Hazard Mitigation Plan in its entirety. Section 3.The City of The Colony will pursue available funding opportunities for implementation of the proposals designated therein, and will, upon receipt of such funding or other necessary resources, seek to implement the actions contained in the mitigation strategies. Section 4.The City of The Colony vests with the Mayor the responsibility, authority, and means to inform all parties of this action; assure that the Hazard Mitigation Plan will be reviewed at least annually; and that any needed adjustments will be presented to the City Council for consideration. Section 5.The City of The Colony to take such other action as may be reasonably 26 necessary to carry out the objectives of the Plan and report on progress as required by FEMA and the Texas Division of Emergency Management (TDEM). Section 6.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED AND EFFECTIVE THIS 4TH DAY OF APRIL, 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 27 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to reject a bid in the amount of $348,223.00 with Quality Excavation, Ltd. for the Paige Road/Plano Parkway and Sam Rayburn Tollway (SRT) Left Turn Lanes Project. (Hartline) Suggested Action: Background: City Staff has evaluated the feasibility of adding dual left turn lanes at the intersection of the SH 121 Frontage Roads and Paige Road/Plano Parkway. This project was discussed with City Council during a Work Session held on February 1, 2022 and a budget for this project was approved at the February 15, 2022 City Council Meeting. Since only one dedicated left turn lane is currently located on the eastbound and westbound SH 121 Frontage Roads at the Paige Road/Plano Parkway intersection, vehicular traffic backs up significantly during peak traffic times during the day. This project includes removing a portion of the existing concrete island to create a second left turn lane in both directions The project will also include moving a barrier free ramp, pedestrian signal pole, signal ground box and restriping the existing traffic lanes on the frontage roads. The addition of dual left turn lanes will help ease traffic backup, help prevent accidents and will allow vehicular traffic to turn left onto Paige Road using two dedicated lanes. The addition of the turn lanes requires a TxDOT Access Permit (Form 1058) which historically necessitates the inclusion of the standard TxDOT driveway section (10-inch CRCP over a 4-inch asphalt base course and lime treated subgrade) and also requires NTTA approval which has been obtained for this project. The project was advertised for competitive bidding and bids were opened on March 9, 2023. The qualified low bidder was Quality Excavation, Ltd. with a price of $348,223.00. Recommendation: Since the bid received was higher than the Design Engineer’s construction cost estimate and significantly exceeds the approved construction budget of $172,300.00 for this project, staff recommends that the bid from Quality Excavation, Ltd. be rejected and the project be rebid in the future. Attachments: Certified Bid Summary Res. 2023-xxx Rejection of bid for the Left Turn Lanes Project.docx 28 City of The Colony - Paige Road/Plano Parkway at SRT Left Turn Lanes BID #69-23-10 Bid Opening: March 9, 2023 City of The Colony Project Manager: Ron Hartline, PE Halff Associates, Inc. Project Manager: Joseph Buchanan, PE Low Bidder Incomplete Submittal QUALITY EXCAVATION STRAIGHT LINE SAWING & SEALING, INC TOTAL BID $348,223.00 $246,568.00 Addenda Yes Yes Bid Bond Yes Bids Certified by: _____________________________________________________________ Joseph Buchanan, PE BID SUMMARY 2 29 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 -________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REJECTING A BID IN THE AMOUNT OF $348,223.00 WITH QUALITY EXCAVATION, LTD. FOR THE PAIGE ROAD/PLANO PARKWAY AND SAM RAYBURN TOLLWAY (SRT) LEFT TURN LANES PROJECT 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 Paige Road/Plano Parkway and Sam Rayburn Tollway (SRT) Left Turn Lanes project (the “Project”); and WHEREAS,the City received bids for the project but the qualified low bidder was higher than the Design Engineer’s construction cost estimate and significantly exceeds the approved construction budget of $172,300.00; 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 30 Page 2 resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. 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 4TH DAY OF APRIL, 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 31 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 2023 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance regarding a Specific Use Permit (SUP) of a Helistop use for “drone” delivery services from within the parking lot at 4691 SH 121 (Walmart), the subject site is located northwest of the intersection of Main Street and SH 121 and is within the General Retail (GR) zoning District and the Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: SUP23-0003 CC Staff Report DroneUp (final for CC).doc DroneUp - The Colony - Location Map.pdf Narrative Description and flight map.pdf SUP23-0003 DroneUp at Wal-Mart Locator Map.pdf P&Z Minutes 03-14-23 FINAL.doc Ord. 2023-xxxx Helistop – DRONEUP at Walmart SUP.docx 32 1 CITY COUNCIL REPORT AGENDA DATE:April 4, 2023 DEPARTMENT:Planning and Zoning Department SUBJECT:SUP23-0003 – 4691 SH 121 – DroneUp at Walmart Conduct a public hearing, discuss and consider an ordinance regarding a Specific Use Permit (SUP) of a Helistop use for “drone” delivery services from within the parking lot at 4691 SH 121 (Walmart), the subject site is located northwest of the intersection of Main Street and SH 121 and is within the General Retail (GR) zoning District and the Gateway Overlay District. OWNER/APPLICANT Owner: Wal-Mart Real Estate Business Trust Bentonville, AR Applicant:Anthony Vitone, DroneUp Virginia Beach, VA Bill Dahlstrom, Jackson Walker, LLP Dallas, TX Victoria Morris, Jackson Walker, LLP Dallas, TX EXISTING CONDITION OF PROPERTY The proposed area is within the parking area for the Walmart Supercenter. ADJACENT ZONING North - Business Park (BP) and Planned Development 19 (PD-19) – Office/Warehouse South - N/A – City limit of Lewisville across State Highway 121 East-Planned Development 11 (PD-11) – Mixed Retail West-General Retail (GR) – Whataburger BACKGROUND The City conducted a predevelopment meeting with representatives of the Wal-Mart and DroneUP drone delivery service. The representatives were advised of the general requirements and sequence of the proposed operation. This information included a notice to secure a Specific Use Permit to establish the landing pad use within the parking area, and the Site Plan to entitle land development of the service. Approximately November 23, 2022, staff was advised that unpermitted drone delivery services were in operation at the Wal-Mart Supercenter. The operators and property owners were compelled to temporarily discontinue operations. Limited operations resumed contingent on the pursuit of the necessary entitlements. PROPOSED DEVELOPMENT The proposed use is a helistop to accommodate the drone delivery services of Wal-Mart. The drones will be operated by DroneUp, a national delivery and flight service operator. The initial operations are intended to primarily service the city of The Colony neighborhood Ridgepointe and the city of Lewisville neighborhood The Meridian. 33 2 The request entails a landing pad, initially consisting of the ground level staging area within eight (8) existing parking spaces (approximately 1,300 square feet) in the south parking field of the Wal-Mart. Future development include construction of a multi-story tower to accommodate an elevated landing pad and line of sight requirements. PRIOR ACTION On March 14, 2023 the Planning and Zoning Commission voted (5-1) to approve the request regarding the Specific Use Permit (SUP) of a Helistop use for “drone” delivery services from within the parking lot at 4691 SH 121 (Walmart) subject to the conditions as stated in the staff report and adherence to all applicable FAA regulations. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) has no objections to the proposed use subject to the conditions as stated in the staff report and adherence to all applicable FAA regulations. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. SUP Exhibits 4. Applicant Narrative 5. Planning and Zoning Commission minutes ATTACHMENT 1 Staff Analysis LAND USE ANALYSIS The applicant requests SUP approval to establish the landing pad and basis for drone delivery at 4691 State Highway 121. The SUP will encompass an approximately 1,300 square foot area dedicated to the “Helistop” (landing and staging) operations for DroneUp, package delivery service. The Helistop is ancillary to the drone delivery operations; the drone delivery operations are accessory to the Wal-Mart retail operations. The applicant has indicated that the activity is similar to “in-person delivery systems.” Drone flight operations are regulated by Federal Aviation Administration guidelines, however the necessary landing pad is addressed by the “Helistop” definition. Helistop is defined as: “A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of six thousand (6,000) pounds and not for regularly scheduled stops and subject to approval by the City of The Colony.” The applicant reflects operations as the following: DroneUp shoppers will facilitate the purchase of goods from Walmart stores and prepare the items for delivery. 34 3 DroneUp's hub employees deliver products by drone to customers who are located within the delivery area, as shown on the Flight Area Map. Packages can weigh no more than ten (10) pounds, and pilots maintain visual line of site with the drones at all times. Every pilot holds a remote pilot certificate under the Federal Aviation Administration's (“FAA”) Small UAS Rule, Part 107. o The primary way pilots maintain visual line of sight with the drone is from the Remote Pilot in Command (“RPIC”) station. o A secondary way to maintain visual is by using Visual Observers (“VO”) for times when buildings or other objects prevent the RPIC from maintaining sight, as permitted under Small UAS Rule, Part 107 . o Not only are the RPIC and VO sharing the responsibility to maintain sight of the UAS, they are also tasked with clearing the airspace around the UAS to give right of way in the event of a potential conflict with a manned aircraft. The applicant states that DroneUp’s current operational area services approximately 900 homes, and their flight operations consist of approximately fifteen (15) flights per day (the maximum package weight is ten (10) pounds). The applicant indicates the hours of operation are 10:00am to 6:00pm. 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 “121 Corridor” (prior to update adoption). This area contains a variety of existing and planned land uses including single- family and multifamily residential, commercial, retail, office and industrial. During development of the SH 121 corridor plan, destination-oriented recreational and entertainment land uses were identified as the most favorable for the future growth of the corridor. Currently only three zoning districts are utilized within the corridor. They include Business Park, General Retail and Planned Development (PD). However, the permitted uses within the PDs include single-family residential, multifamily residential, commercial, industrial and business park. The proposed project is considered ancillary with the primary retail function of the Wal-Mart Supercenter; the Supercenter is intended to provide retail services to the nearby development. 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. 35 4 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; Utilizing the temporary tent as staging and shelter is not anticipated to be incompatible with existing or permitted uses on abutting sites. The proposed temporary tents (10’ by 10’) typically do not permit and the applicant has indicated these will be removed and stored on a daily basis. However, if approved, a more permanent tower structure will be required and a site plan reflecting the proposed tower, and any accompanying development will be evaluated for compatibility. 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 staging area for deliveries is a stationary location where the “runners” will bring merchandise for delivery. The applicant indicates traffic cones and traffic barriers will be used to prevent vehicular and pedestrian (runner) conflicts. Otherwise, no specific impacts are anticipated with the operations at this time. The applicant has indicated an intent to construct a tower to accommodate the operations. A site plan will be required, and the safety and convenience of vehicular and pedestrian circulation will be further evaluated. 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; Staff does not anticipate any impacts to persons or property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and similar hazards. The applicant has indicated that at 20 feet in the air the drones emit sound at approximately 78 decibles. This is a level that is typically lower than that of a busy nearby thoroughfare. 6.Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; The existing shopping center contains traditional lighting standards for parking fields. Specific lighting associated with the permanent construction will be provided with the required site plan. No special conditions for lighting are proposed at this time. Further evaluation of lighting will occur at site planning. 7.Adequacy and convenience of off-street parking and loading facilities; The area dedicated to the DroneUp operations will occupy existing parking spaces. The Wal-Mart Supercenter has a surplus of parking and occupation of these spaces is not anticipated to negatively impact the existing parking or circulation of the Wal-Mart Supercenter. The package transit from the store to the staging will be provided by DroneUp employees. These employees will utilize parking as directed by Wal-Mart. 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; 36 5 The helistop will service an accessory activity to the retail operations of Wal-Mart with hours of operations of 10:00am to 6:00pm. It is not anticipated that this activity will be incompatible 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 Operations of any drones must be subject to all applicable federal regulation including but not limited to Federal Aviation Administration (“FAA”) Small UAS Rule, Part 107. The applicant’s requests includes the following conditions: 1. The helistop is to be located in the area designated on the Location Map, attached hereto as “Exhibit A”. 2. Electric generators are permitted within the heliport area. 3. Not more than six (6) months after the passage of this Ordinance, the property owner or property owner’s representative shall make an application with the City of The Colony for a permanent structure to service the heliport governed by this Specific Use Permit. In the event such application has not been made, the City reserves the right to call a public hearing to determine whether to terminate this Specific Use Permit. It is also indicated that the use of the temporary tents will include procedures to remove and store the tents on a daily basis. 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. There is no anticipation of detrimental effects to the public health, safety or welfare. However, with potential site development and greater service area, a documented operation procedure to address accidents should accompany the site plan documents 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 March 18, 2023. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property. Public Hearing notices were mailed on March 18, 2023 to adjacent property owners. No comments either for or against the SUP were received as of printing of this packet. 37 6 DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) has no objections to the proposed use subject to the conditions as stated in the staff report and adherence to all applicable FAA regulations. 38 39 34916290v.3 NARRATIVE DESCRIPTION 4691 State Highway 121, The Colony, Texas 75056 (the “Property”) DroneUp is a national delivery and flight service operator, with a mission to be the most open and flexible flight services partner in the drone industry. With an integrated platform, DroneUp helps make drones the most simple and efficient way for businesses to reach their communities. DroneUp has strategically partnered with Walmart to provide drone delivery services for its customers. Similar to other in-person delivery systems, DroneUp shoppers will facilitate the purchase of goods from Walmart stores and prepare the items for delivery. DroneUp's hub employees deliver products by drone to customers who are located within the delivery area, as shown on the Flight Area Map (attached hereto as “Exhibit A”). Packages can weigh no more than ten (10) pounds, and pilots maintain visual line of site with the drones at all times. In addition, the drones currently emit approximately 78 decibels of sound when hovering at 20 feet in the air, which is less than a standard truck’s decibel emission. Every drone pilot holds a remote pilot certificate under the Federal Aviation Administration's (“FAA”) Small UAS Rule, Part 107. The primary way pilots maintain visual line of sight with the drone is from the Remote Pilot in Command (“RPIC”) station. A secondary way to maintain visual is by using Visual Observers (“VO”) for times when buildings or other objects prevent the RPIC from maintaining sight, as permitted under Small UAS Rule, Part 1071. Not only are the RPIC and VO sharing the responsibility to maintain sight of the UAS, they are also tasked with clearing the airspace around the UAS to give right of way in the event of a potential conflict with a manned aircraft. Given the outdoor operations, aluminum frame tents are used to shield shoppers and drone pilots from inclement weather, while delivery drones operate from a temporary launch platform. The tent dimensions are 10 feet by 10 feet, the launch platform is 29 inches in height, and the area is surrounded by heavy duty traffic cones and traffic cone bars. The te nts are taken down and stored on a daily basis. In addition, the operations utilize a mobile generator2. DroneUp’s current operational area services approximately 900 homes, and their flight operations consist of approximately fifteen (15) flights per day, including test flights and customer orders. As market demand increases, DroneUp intends to increase the number of flights to allow for additional testing, while meeting customer demands. DroneUp’s hours of operations are from 10:00 am – 6:00 pm. Existing or permitted uses on adjacent properties will not be affected by DroneUp’s operations, as they are unobtrusive, safe, and convenient. In addition, vehicular and pedestrian circulation in the vicinity will not be disturbed, as the facilities are located on the periphery of the Property and do not generate additional traffic. 1 Please refer to the following link for more information: https://www.ecfr.gov/current/title-14/chapter-I/subchapter- F/part-107/subpart-B/section-107.31. 2 The mobile generator that is currently used is the Wacker Neuson G25 Mobile Generator. 40 34916290v.3 It is our understanding that the City of The Colony does not have a drone-specific Specific Use Permit. As such, and in conformance with the applicable zoning regulations, this request is to have a helistop use on the Property. 41 34916290v.3 Exhibit A Flight Area Map 42 M AIN S T SH 121MEMORIALDRSAM RAYBURN TOLLWAYLIVEOAKDR EXITSTANDRIDGE/CASTLEHILLS4709 4350 3700 4701 3701 3705 4695 3800 3805 47113750 4675 4691 4683 4687 3751 4679 4401 P D 1 1 P D 1 9 G RGR B PBP This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No:SUP23-0003 - DroneUp at Wal-Mart SU P23 -000 3 Business Pa rk General R eta il Plann ed Development 11 Plann ed Development 19 SubjectArea 43 1 MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION TUESDAY, MARCH 14, 2023 After determining that a quorum was present, the Planning and Zoning Commission of the City of The Colony, Texas convened into Regular Session which was held on Tuesday, March 14, 2023 at 6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Karen Hames, Dan Rainey, Brenda Armour, Detrick DeBurr, Kenneth Flo, and A.B. Martin Board Members Absent: none Staff Present: Isaac Williams, Planning Director; Ed Voss, Attorney; Ana Alvarado, Planning Technician; Keyl Groff, Planner; Naim Khan, Senior Engineer; Jeromy Lucas, Fire Marshal; Judy Ensweiler, City Council 1.0 CALL REGULAR SESSION TO ORDER Chair Hames called the regular session of the Planning and Zoning Commission meeting to order at 6:30 p.m. 1.1 CITIZEN INPUT Chair Hames opened the floor for citizen input at 6:30 p.m. No citizen came forward for input. Citizen input was closed at 6:30 pm. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of February 28, 2023 Regular Session. Chair Hames read Consent Agenda Item 2.1 into the record. Commissioner Armour made a motion to approve item 2.1, seconded by Commissioner Martin. The motion carried (6-0). 3.0 PUBLIC HEARING ITEMS 3.1 SUP23-0003 – 4691 SH 121 – DroneUp at Walmart Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) of a Helistop use for “drone” delivery services from within the parking lot at 4691 SH 121 (Walmart), the subject site is located northwest of the intersection of Main Street and SH 121 and is within the General Retail (GR) zoning District and the Gateway Overlay District. Chair Hames read Public Hearing Item 3.1 into the record. Mr. Williams presented the staff report. 44 City of The Colony March 14, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 4 2 Chair Hames asked if we have any City regulations for drone usage. Staff responded outside of this request there has not been any interest for this type of use, however, as this type of use becomes more frequent and the board and city council ask staff to review this, then regulations can be put in place. Chair Hames asked where do drones fall in our current ordinance. Staff responded that they do not fall within our ordinance. The City currently does not regulate drones. Chair Hames asked for clarification on the size of the tent being used and whether it requires a permit. Staff responded that it is a 10’ x 10’ and does not require a city permit because of the size. The tents are providing shelter from the elements for the time being. Commissioner Flo asked if the safety components of the drone operations falls within the FAA regulations or the City’s. Staff responded that there is an opportunity for the board to have an evaluation of the safety aspect of the operations except for the areas regulated by the FAA. Commissioner Martin requested that the permanent location be evaluated and placed on a less congested area then it is currently. Commissioner Rainey asked if there will be night flights and if there is a process in place for a drone down. Staff responded that 10:00 a.m. to 6:00 p.m. was stated in the application and in case of a drone down call it would be our emergency response and DroneUp can speak regarding their own procedures for such cases. Chair Hames opened the public hearing at 6:51 p.m. Mr. William Dahlstrom spoke in favor of the project. Mr. Jason Beim spoke in favor of the project. Chair Hames asked for clarification on what the permanent helistop will look like at Walmart. Mr. Beim showed a picture of what the permanent helistop will look like. Chair Hames asked where the drone drops packages if there is not visible site line in the front yard due to heavy landscaping. 45 City of The Colony March 14, 2023 Planning and Zoning Commission Meeting Minutes Page 3 of 4 3 Mr. Beim responded that DroneUp coordinates with the homeowner to determine the drop zone. The drones are capable of dropping packages in the front yard, driveway, and backyard or if for some reason there is no visible site then the drone will return to Walmart with the package and the client will be notified, Chair Hames asked if this is similar to Amazon that the client gets notifications and a picture of where the package was dropped off. Mr. Beim responded that there will be notifications to the client from the time the package is airborne to the time it is delivered on site. Chair Hames asked how many drones will operate at a time. Mr. Beim responded that one drone will be operational at a time. Chair Hames asked if wind factors into flight schedules. Mr. Beim responded that the drones have manufacture specs that DroneUp does not deliver in wind speeds greater than 21 nautical mph. Chair Hames asked if DroneUp has an issues with people hacking or shooting down their drones at the other operating locations. Mr. Beim responded that they have teams and redundancy built in to their systems to ensure hacking does not occur and to ensure that their drones operate and land safely at all times. Commissioner Flo asked why the DroneUp operations was not set closer to the northwest corner of Walmart by the drive-up delivery service, a less congested area. Mr. Beim responded that personal will go into the store, pick the order, pay through Wal-Mart and walk it out to the DroneUp helipad. The location they select for the helipad has to comply with OSHA standards regarding a distance from the operations to the closest restrooms. Commissioner Armour asked if DroneUp anticipates any night deliveries in the future. Mr. Beim, responded that as of now there is no night delivery in Texas, but there is no certainty if in the future that could happen. Right now DroneUp operates on a single crew if in the future they did night flights it would require a second crew and DroneUp is not there yet. Commissioner Rainey asked for clarification on the timeframe to allow the specific use permit for the temporary operations of DroneUp at Wal-Mart. Staff responded that the use will not be temporary, once approved it will be allowed on the site. What is temporary are the current DroneUp operations and helistop. The SUP will have specific conditions within it that will require DroneUp and Wal-Mart to submit for site plan within the next six months in order to keep the use on the site. If conditions are not met the board can review the revocation of the use on the site. 46 City of The Colony March 14, 2023 Planning and Zoning Commission Meeting Minutes Page 4 of 4 4 Chair Hames closed the public hearing at 7:20 p.m. and the board went into executive session per Section 551.071 of the Texas Government Code to seek consultation with the city attorney. Chair Hames reconvened the board at 8:03 p.m. Commissioner DeBurr made a motion to approve item 3.1, seconded by Commissioner Martin. The motion carried (5-1). 3.2 SI23-0003 – Comprehensive Plan Update Conduct a public hearing to discuss and consider a text amendment to the Code of Ordinances, Appendix D- Comprehensive Plan by amending and updating the City’s Comprehensive Plan and Future Land Use Map. Chair Hames read Public Hearing Item 3.2 into the record. Mr. Williams presented the staff report. Chair Hames recommends that cultural and multi-cultural efforts need to be highlighted in the plan and explored by staff as future opportunities through a committee formation or other exploration. Commissioner Rainey recommends that S. Colony Blvd and Paige Rd should be a priority to create a city center; new technology should play a role in the comprehensive plan to encourage people to get out of cars such a using electric bikes; and Little Elm ISD buildings in The Tribute should be shown on the plan along with Fire Station No. 5. Chair Hames closed the public hearing at 8:27 p.m. Commissioner Rainey made a motion to approve item 3.2, seconded by Commissioner Armour. The motion carried (6-0). There being no further business to come before the Commission, Chair Hames adjourned the Regular Session of the Planning and Zoning Commission at 8:28 p.m. Karen Hames, Chairman Isaac Williams, Planning Director 47 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - ________ SPECIFIC USE PERMIT (SUP) –4691 SH 121 HELISTOP –DRONEUP AT WALMART AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW A HELISTOP FOR DRONE DELIVERY SERVICES, KNOWN AS DRONEUP AT WALMART AND LOCATED AT 4691 SH 121, THE COLONY, TEXAS, WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT AND THE GATEWAY OVERLAY 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. SUP23-0003 should be approved with conditions to allow a helistop for drone delivery services, known as Drone Up at Walmart located at 4691 SH 121, The Colony, Texas, within the General Retail (GR) Zoning District and the Gateway Overlay Districtas reflected on and attached hereto as Exhibit A of this Ordinance. 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 Use Permit No. SUP23-0003 should be approved with conditions to allow a helistop for drone delivery services, known as Drone Up at Walmart located at 4691 SH 121, The Colony, Texas, within the General Retail (GR) Zoning District and the Gateway Overlay 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 48 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 4TH DAY OF APRIL, 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 49 3 50 4 Exhibit A 1. The helistop is to be located in the area designated on the Location Map, attached hereto as “Exhibit A”. 2. Electric generators are permitted within the heliport area. 3. Not more than six (6) months after the passage of this Ordinance, the property owner or property owner’s representative shall make an application with the City of The Colony for a permanent structure to service the heliport governed by this Specific Use Permit. In the event such application has not been made, the City reserves the right to call a public hearing to determine whether to terminate this Specific Use Permit. 4. Temporary tents (10’by10’) will be removed and stored on a daily basis. 51 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 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). Suggested Action: Attachments: 52 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: April 4, 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). Suggested Action: Attachments: 53