HomeMy WebLinkAboutCity Packets - City Council - 06/06/2023 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation and provide direction to staff regarding U-Turn sign locations along FM 423. (Hartline)
Suggested Action:
Receive a presentation and provide direction to staff regarding U-Turn sign locations along FM 423.
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Presentation and discussion of new events and activities under consideration in association with the LPGA
event scheduled for October 2023. (Shallenburger)
Suggested Action:
Attachments:
About BITE by the Lake.pdf
BITE by the Lake - Partner Information.pdf
BITE by the Lake Participation Form.pdf
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discussion regarding Short-term Rentals. (Perez)
Suggested Action:
Attachments:
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Agenda Item No:3.4
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and give direction to staff regarding the boundaries of the Gateway Overlay
District. (Williams)
Suggested Action:
Attachments:
Ordinance_No_2016-2196.pdf
Staff Memo Gateway Overlay District Boundaries Update.doc
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CITY COUNCIL MEMO
AGENDA DATE:June 6, 2023
DEPARTMENT:Planning and Zoning Department
SUBJECT:Gateway Overlay District Boundaries
Provide a presentation, discuss and give direction to staff regarding the boundaries of the
Gateway Overlay District.
BACKGROUND
10A-100. Function and Purpose of the Gateway Overlay District.
(a)Function. The Gateway Overlay District ("gateway") shall function as an overlay zoning
district. The requirements and development standards of the gateway shall supersede the
regulations of the underlying zoning district where such district's regulations conflict with
this section or are silent in regard to a specific regulation. When the regulations of the
gateway are silent, all regulations of the underlying zoning district shall be in effect.
(b)Purpose. The Gateway Overlay District Regulations and Design Guidelines ("gateway
regulations") are intended to serve a number of purposes, including but not limited to:
(1) Educate property owners, designers, developers, the public and plan reviewers on what
the city expects and desires for new development and redevelopment within the
designated gateway;
(2) Identify the main thoroughfares, the Sam Rayburn Tollway ("S.H. 121") and F.M. 423
("Main Street"), located within the city as areas requiring special attention to detail and
design; and,
(3) Illustrate specific techniques to use when planning and designing developments,
landscaping and individual buildings.
(Ord. No. 2013-2002, § 2, 5-7-2013)
10A-200. Intent of the Gateway Overlay District.
The intent of these regulations is to ensure a high quality development through design
control measures. The gateway regulations are based on the following eight principles:
(a)Create a sense of place.Along corridors where substantial pedestrian activity occurs
and/or is encouraged, or where mixed-use and multiple building projects are proposed, a
goal of the gateway regulations shall be to create a recognizable and memorable sense
of place. Building arrangements, materials, design, uses, natural features and
landscaping shall contribute in creating exterior spaces where people can interact.
(b)Design for a gateway vision.New building design shall be compatible (in massing,
scale, materials and colors) with other neighboring structures and contribute to the
overall aesthetic quality of the gateway. Existing developments are encouraged to
redesign with the same high quality that is consistent with the gateway vision. Site
designs shall contain common elements to provide continuity within the gateway. New
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development, including franchise development, shall complement the city's character
and respect those qualities that distinguish the city's natural and built environment.
(c)Facilitate pedestrian access.Compact, walkable developments are encouraged within
the gateway area. Pedestrian connections shall be part of the integral design and shall be
placed between vehicular parking and buildings, connecting adjacent buildings and
gateway properties to any adjacent residential areas.
(d)Create an inviting streetscape.Gateway developments shall incorporate inviting
streetscapes and public spaces including, but not limited to, plazas, shaded seating areas
and walkways. Redevelopment of properties shall enhance the existing streetscapes and
be engaging to the public.
(e)Maintain building scale and design.Developers shall consider the impact of their
design including, but not limited to, architectural features, height, mass and
landscaping, on the people who will live, work and/or shop within the gateway.
(f)Preserve and enhance natural character.Gateway developments are encouraged to
incorporate existing streams and channels, mature trees and natural buffers into the site
design to maximize the natural character of the city. Designs shall use the existing
topography, where practical, to minimize grading and limit impervious surfaces.
(g)Create harmonious signage.Public and private signage shall be harmonious and in
scale with building elements, public areas and landscaping features.
(h)Mask the utilitarian.Gateway developments shall provide screening from public view
of parking lots, outdoor storage, loading areas, trash and recycling receptacles,
mechanical equipment and other uses that may have adverse visual impacts to adjacent
properties.
(Ord. No. 2013-2002, § 2, 5-7-2013)
10A-300. District Boundaries.
The Gateway Overlay District is defined as the area along the north side of S.H. 121 from
the western city limit to the eastern city limit and along Main Street (F.M. 423) from S.H. 121
north to approximately 650 feet south of the Main Street (F.M. 423) bridge over Lake Lewisville
and retail/commercial/office areas at South Colony Boulevard and Paige Road and the southwest
corner of Kisor Drive and Paige Road (see map on next page).
Residential areas have been removed from the Gateway Overlay District. When and if any of
the abutting residential district changes to a commercial zoning, the tract will automatically be
incorporated into the Gateway Overlay District upon approval of the rezone request.
ATTACHMENTS
1. Ordinance No. 2016-2196 (Gateway Overlay District boundaries update 2016)
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Agenda Item No:3.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 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:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from May 16, 2023. (Stewart)
Suggested Action:
Attachments:
May 16, 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
MAY 16, 2023
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 16
th day of May, 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)
Absent (Personal)
Present
And with 5 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:31 p.m.
1.2 Invocation
Pastor Steve Solari with Hope Community Fellowship delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Proclamation acknowledging National Bike Month.
Mayor recognized the month of May as National Bike Month. Parks Development
Manager, Calvin Lehmann, along with Shawnee Trail Cycling Club President, Joel
Hoback and Member Doug Taller, accepted the proclamation.
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.
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City Council – Regular Meeting Agenda
May 16, 2023
Page| 2
2.0 CITIZEN INPUT
Carol Smith, 5657 Turner, spoke concern asphalt being used to fill her alley.
Alex Eicke, 7305 Elm Street, spoke concerning the current zoning of his property.
3.0 WORK SESSION
3.1 Discuss and consider a request from Lovepacs for a grant request of $5,000.00 for
the 2023-2024 fiscal year budget.
Deputy City Manager, Brant Shallenburger, presented this item. Representative,
Christina Wade, gave an overview of the program and answered questions from
Council.
3.2 Receive a presentation, discuss and provide direction to staff regarding the
application of "Alternative Compliance" and "Minor and Major" waivers within the
Gateway Overlay District.
Director of Planning, Isaac Williams, presented this item to Council.
3.3 Council to provide direction to staff regarding future agenda items.
Mayor requested future agenda items on the boundaries of the Gateway Overlay
District and U-turns on Main Street. Councilman Marks requested a future agenda
item on the registration and enforcement of short-term rentals.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos
4.5 and 4.7 – Marks; second by Holtz, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from May 2,
2023.
4.2 Consider approving Council expenditures for February and March 2023.
4.3 Consider approving a resolution supporting House Bill 2133 which amends Section
41.0052 of the Texas Election Code to allow certain municipalities to move their
elections held on the November Uniform Election date to the May Uniform
Election date.
RESOLUTION NO. 2023-040
4.4 Consider approving a resolution authorizing the City Manager to execute a Fifth
Amendment to the Commercial & Industrial and Residential Solid Waste
Collection, Transport and Disposal and Residential Recycling Collection,
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City Council – Regular Meeting Agenda
May 16, 2023
Page| 3
Transport & Processing Agreement with Republic Services updating the fee
schedule.
RESOLUTION NO. 2023-041
4.5 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Contract in the amount of $118,100.00 with Huitt-Zollars,
Inc. to design, develop and construct the Public Works Bathroom Expansion.
Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2023-042
4.6 Consider approving a resolution authorizing the City Manager to execute the
submission of a grant application to the Office of the Governor for Body Worn
Cameras.
RESOLUTION NO. 2023-043
4.7 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $894,683.00 with JBM
Excavation, LLC for the Stewart Peninsula Drainage Improvements Project.
Motion to approve- Wade; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2023-044
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an ordinance regarding the approval
of an amendment to a Specific Use Permit Amendment (SUPA) to allow a Studio
(dance) use known as “TYC Dance,” at 6700 Main Street, Suite 131, containing
approximately 4,176 sq. ft., and located within the Shopping Center (SC) Zoning
District and Gateway Overlay District.
Director of Planning, Isaac Williams, gave an overview of this item. TYC Owner,
Jalyn Stough, expressed a need to expand the existing suite to accommodate its
growth. Property Manager, Patricia Lopez, expressed support for the request.
The public hearing opened at 7:21 and closed at 7:23 p.m.
Motion to approve – Ensweiler; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2023 - 2512
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City Council – Regular Meeting Agenda
May 16, 2023
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5.2 Discuss and consider an ordinance regarding the Site Plan application of “Dutch
Bros Coffee,” an approximately 950 square-foot drive-thru coffee shop within Lot
8, Block A of the South Colony Retail Center Addition. The subject site contains
approximately 1.01 acres and is located at 4842 Main Street within the General
Retail Zoning District and the Gateway Overlay District.
Director of Planning, Isaac Williams, gave an overview of the item. Regional
Operator, Allie Lahti, expressed the desire to locate in The Colony to service the
community. Civil Engineer, Christopher Biggers, answered questions from
Council.
Motion to approve – Wade; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2023-2513
5.3 [CONTINUED FROM 04/04/2023] 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.
Director of Planning, Isaac Williams, gave an overview of this item.
Representatives Bill Dahlstrom and Eric Bremer spoke on the SUP request and
answered questions from Council. CoServ Representative, Todd Flemming
inquired on the proposed plan to lease and/or buy airspace.
The public hearing closed at 8:10 p.m.
Motion to approve – Marks; second by Ensweiler, motion failed with the following votes: Ayes-
Mayor and Mark; Nays- Ensweiler and Wade; and abstention, Holtz.
Executive Session was convened at 8:41 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 9:09 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
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City Council – Regular Meeting Agenda
May 16, 2023
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ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 9:09 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Kimberly Thompson, Deputy City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for April 2023. (Council)
Suggested Action:
Attachments:
Council Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement
with the City of Allen for mutual aid for Information Technology Services. (Cuellar)
Suggested Action:
Attachments:
IT_Mutual_Aid_ILA.pdf
Res. 2023-xxx Technology Services Interlocal Agreement with City of Allen.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNUAL
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE
CITY OF THE COLONY AND THE CITY OF ALLEN FOR MUTUAL AID
FOR INFORMATION TECHNOLOGY SERVICES; 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 Managerof the City of The Colony, Texas, is hereby authorized
and empowered to execute an Interlocal Cooperation Agreement with The City of Allen for Mutual
Aid for Information Technology Services.
Section 2.That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 6th DAY OF JUNE 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
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider approving an ordinance amendment to increase the wastewater budget contractual
services line item by $433,134.00 from the Utility Fund Balance for sludge hauling. (Whitt)
Suggested Action:
Increase account #200-662-6213 N.R.C. Gulf Environmental line item in the amount of $380,000 from the utility
fund balance for the hauling of solid waste from the waste water treatment plant. Also, to hire an additional
Heavy Equipment Operator driver CDL paid in the amount of $53,134.00 for the waste water plant account #
200-662-6110 from the utility fund balance.
Attachments:
Ord. 2023-xxxx Budget Amendment - Utility Fund
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - ________
AMENDING THE FISCAL YEAR 2022-2023 BUDGET
AN ORDINANCE AMENDING ORDINANCE 2022-2486, ADOPTING THE
FISCAL YEAR 2022-2023 BUDGET OF CITY OF THE COLONY, TEXAS,
BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING FOR THE
ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR
2022-2023 BUDGET FOR THE UTILITY FUND OF THE CITY OF THE
COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN
EFFECTIVE DATE.
WHEREAS, the Council of the City of The Colony is conducting business pursuant to a
budget for fiscal year 2022-2023, heretofore previously adopted by Ordinance No. 2022-2486 on
the September 6, 2022; and
WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the
governing body of a municipality to make changes in the budget for municipal purposes; and
WHEREAS, the City Council of the City of The Colony, Texas, finds it in the best
interest of the City to increase the 2022-23 Utility Fund budget by $433,134.00 for sludge
hauling; and
WHEREAS, the City Council has reviewed the budget and has determined that a valid
municipal purpose is served by such budget increases and reallocation of funds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.INCORPORATION OF PREMISES.
The above and foregoing premises are incorporated into the body of this Ordinance as if
copied herein in their entirety.
SECTION 2.AMENDMENT AND ADOPTION.
That the Utility budget for the fiscal year ending September 30, 2023, heretofore
previously adopted by Ordinance 2022-2486 duly enacted by the City Council of the City of The
Colony, Texas, on September 6, 2022, be and is hereby amended as set forth herein, which
amendment is hereby, in all respects, finally approved and adopted as so changed; and the same
shall be hereby filed with the City Secretary of the City of The Colony, Texas.
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SECTION 3.BUDGET INCREASES.
That the 2022-2023 Utility Fund budget is to be increased by an amount not to exceed
$433,134.00.
SECTION 4.CUMULATIVE CLAUSE.
This Ordinance shall be cumulative of all provisions of Ordinances of the City of The
Colony, Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are
hereby repealed.
SECTION 5.SEVERABILITY CLAUSE.
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 should 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, or sections of this Ordinance, since the same would have been enacted by the City
Council without incorporation in this Ordinance of any such unconstitutional phrase, clause,
sentence, paragraph, or section.
SECTION 6.SAVINGS CLAUSE.
All rights and remedies of the City of The Colony, Texas, are expressly saved as to any
and all violations of the provisions of any Ordinances affecting budgets, budget approval or
adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 7.EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its date of passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 6th DAY OF JUNE, 2023.
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
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__________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
City of The Colony, Texas
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services
Contract in the amount of $638,075.00 with Canary Construction, Inc. for the Wastewater Pipe Crossing
Replacement at Office Creek Project. (Hartline)
Suggested Action:
Background:
City Council approved funding for this project in the 2021/2022 CIP Budget.
The scope of work consists of the replacement of an existing 8-inch wastewater line that crosses Office Creek
just to the east of FM 423 near the existing Office Creek Pump Station. The pipe is currently visible in the creek
and could be damaged or washed out and discharge wastewater into the creek. This project will consist of
removing the exposed 8-inch wastewater line and replacing it with a new 12-inch wastewater line. The project
also includes new wastewater manholes, concrete encasement of the new pipe and streambank stabilization.
The project bids were opened on May 11, 2023 and the low bidder was Canary Construction, Inc. at a cost of
$638,075.00. HDR Engineering, Inc., the Project Design Engineer, received positive feedback from
representatives that have previously worked with the contractor and they recommend approval of the contract
with this company.
With approval, the project is anticipated to start construction in June 2023 with an estimated completion in
December 2023.
Attachments:
Certified Bid Summary.pdf
Engineering Recommendation Letter.pdf
Financial Summary (1).docx
Location Map Sanitary Sewer Crossings.pdf
Photo 1 Wastewater Pipe Crossing at Office Creek Channel.pdf
Photo 2 Wastewater Pipe Crossing at Office Creek Channel.pdf
Res. 2023-xxx Canary Construction Inc. Construction Services Contract.docx
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City of The Colony
WASTEWATER PIPE CROSSING REPLACEMENT
AT OFFICE CREEK BID #69-23-11
BID SUMMARY
Bids Received at 2:00 P.M., Thursday, May 11, 2023
Contractor Total Amount Bid
1.Canary Construction, Inc $ 638,075.00
802 N. Kealy Ave, Suite 101
Lewisville, Texas 75057
2.JBM Excavation, LLC $ 706,246.90
464 W Hinton St.
Tioga, Texas 76271
3.Flow Line Construction, Inc $ 766,540.00
4665 W Kiest Blvd
Dallas, Texas 75236
4.Willco Underground $ 799,325.00
PO Box 1807
Mansfield, Texas 76063
5.Atkins Brothers Equipment Co, Inc.$ 1,887,275.00
3516 Old Fort Worth Rd.
Midlothian, TX 76065
I certify that the above bids were received sealed and were publicly opened and read aloud
at the time and place indicated and that this is a true and correct tabulation of all bids
received for this project.
Signature: May 16, 2023
Jaime Ordonez, P.E.
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hdrinc.com
17111 Preston Road, Suite 300, Dallas, TX 75248-1232
T 972.960.4400
May 15, 2023
Mr. Robert Kotasek
Project Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056-1133
Re: WASTEWATER PIPE CROSSING REPLACEMENT AT OFFICE CREEK BID #69-23-11
Bid Award Recommendation
Dear Mr. Kotasek:
We have completed our review of the bids for the Office Creek project. The five bids, which were received
by 2:00pm on May 11, 2023, and read aloud are tabulated below.
Bidder Total Base Bid Amount
Canary Construction, Inc $638,075.00
JBM Excavation LLC $706,246.90
Flow line Construction, Inc $766,540.00
Willco Underground $799,325.00
Atkins Brothers Equipment Co, Inc. $1,887,275.00
The apparent low bidder is Canary Construction, Inc. with a total bid of $638,075.00.
To determine the responsiveness of the low bidder, HDR Engineering, Inc. reviewed the items required for
submission as addressed below:
Bid Form: Completed and signed. Proposal documents appear to be correctly completed and
signed.
Bid Bond: A bid bond was provided in the amount of 5% per the Instructions to Bidders. Bid bond
is insured by Berkley Insurance, Tammy A. Fiddle, Attorney-in-fact.
Bidder Compliance with State law: Completed and signed.
Bidder Qualification Statement: Qualification Statements were not required but were provided
showing construction staff, equipment and past performances with references provided.
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Robert Kotasek
Page 2 of 2
HDR Engineering, Inc.
HDR has reviewed the submitted materials from Canary Construction and believes they are qualified to
undertake this project. During the evaluation HDR contacted 3 references and received positive feedback on
their past performance. HDR recommends that the Wastewater Pipe Crossing Replacement Project at
Office Creek be awarded to Canary Construction, Inc.
If we can be of further assistance, please do not hesitate to contact us.
Sincerely,
HDR ENGINEERING, INC.
Jaime Ordonez, P.E.
Project Manager
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $920,000.00
Source of Funds: 211-662-6665 Project Number 2366
211-662-6660 Project Number 2278
Cost of recommended construction contract award: $ 638,075.00
Total estimated project cost:
$ 186,900.00 Engineering Already authorized Yes No
$ 638,075.00 Construction Already authorized Yes No
$ 824,975.00 Total estimated costs
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FryerBaker
Plano
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South ColonyFoxKeys
Norris
AztecSlay
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Roberts
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AveryPemberton
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C a l d w e l l WilcoxGibson LongoKno x
Carr
Jenkins
StandridgeD r i s c o l l
Ireland
Augusta
John YatesPearceKnightIola
AshlockElliotWagner
La k e s id e
Sherman
C l a r y
PhelpsSquires
Clover Valley MarlarStanley NorthpointeBrandenburg
H e t h e r i n g t o n
Chapman
Russell
Powers
Bedford
StewartShannon
Walker
Wheeler Sagers
BartlettLake Highlands
Rutledge
SH 121 On RampBuckskin
Ramsey
MillerKing
Mor
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ng St
arAl
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enYoung
Legend
A listerWoodruff
Lakeshor
eYager
Poole
Runyon ApacheEAST HILL PA
R
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Carroll
ConcordPettitT y l e r
Je n ni n g s
DurangoD ur bi n
GriffinCougar AlleyWestwayMapleBallard
Overland
Rock CanyonGalloway
Rockwood
Creek HollowGreen Hollow
Bargain
Red Oak
Highridge DarbyThompson
GrandscapeQueen
WexleyWard
YoungerRolling HillArcher KisorTerraceWaters Edge
MatsonAlta Oaks
Phoenix
Marsh
Teal CoveMayesS p a r k s
Am hurstSutton
T w i t t y
Freeman
Day SpringAndersonOxfordHendrix
Hawse
Paint er
Chatham
LibertyCheyenneMountain Valley
RidgecrestR i d g e p o i n t e
TittleCook WilshireWatson
Fisher
Kean
G a r v i n
Westwood
Acacia
Sarasota
Wampler
Foxfire
BAY DE VIEUX
Blue GlenAsh Glen
U s h e r
Lake Ridge Fall RiverHigh CliffFosterEvans
Wi n d w a r d
N e w p o r t
Meadow
H a m i l t o n
OverlookInmanShoal C r e e k
PinebrookM i d d l e t o n
MerrellHeron CoveH a c k n e y
Go o d m an
Su ns e t
BarstowOhareWoodlands
Pear RidgeMel
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Marks
Crutchberry
Willowbend
Santa FeAtterbury
JamesIndianola
Keller
Bl
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Latimer
R u s t i c R i d g e
Chowning
Juniper MainPlanoPaigeMemorial SH 121 On Ram pSH 121µLocation MapWastewater Pipe Crossing Replacement at Office Creek Channel
Existing City Park
Wastewater Pipe Crossing at Office Creek Channel
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72
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 CANARY CONSTRUCTION, INC. FOR
WASTEWATER PIPE CROSSING REPLACEMENT AT OFFICE CREEK
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to Canary Construction Inc. for the Wastewater Pipe Crossing Replacement at
Office Creek Project; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas hereby awards a bid to
Canary Construction Inc., in the amount of $638,075.00 for such work.
Section 2. That the City Manager or his designee is authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
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 6th DAY OF JUNE 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
73
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 2023
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance amending Chapter 8 of the Code of Ordinances, entitled
“FINANCE AND TAXATION,” by amending Article I, by amending a new section 8-15, entitled “HOMESTEAD
EXEMPTION” by establishing a homestead tax exemption in the amount of one percent (1.0%) or $5,000.00 of
the appraised value of the homestead. (Miller)
Suggested Action:
Attachments:
Ord. 2023-xxxx Homestead Exemption - 1 percent.docx
74
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES, ENTITLED “FINANCE AND TAXATION,” BY
AMENDING ARTICLE I, BY ADDING A NEW SECTION 8-15, ENTITLED
“HOMESTEAD EXEMPTION” BY ESTABLISHING A HOMESTEAD
TAX EXEMPTION IN THE AMOUNT OF ONE PERCENT (1.0%) OR
$5,000.00 OF THE APPRAISED VALUE OF THE HOMESTEAD;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Constitution of the State of Texas was amended in 1981 by a vote of the
people to allow cities the local option to grant homestead exemptions; and
WHEREAS, Section 11.13(n) of the Texas Tax Code provides the authority for the City
Council of the City of The Colony, Texas, to provide a homestead exemption in the amount of one
percent (1.0%) or $5,000.00, and reads as follows:
(n) In addition to any other exemptions provided by this section, an individual
is entitled to an exemption from taxation by a taxing unit of a percentage of
the appraised value of his residence homestead if the exemption is adopted
by the governing body of the taxing unit before July 1 in the manner
provided by law for official action by the body. If the percentage set by the
taxing unit produces an exemption in a tax year of less than $5,000 when
applied to a particular residence homestead, the individual is entitled to an
exemption of $5,000 of the appraised value. The percentage adopted by the
taxing unit may not exceed 20 percent.
WHEREAS,the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to amend Chapter 8, Article I, by adding a new
section 8-15 entitled “Homestead exemption.”
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. 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, is hereby
amended by amending Chapter 8, entitled “Finance and Taxation,” Article I, by adding a new
section 8-15, entitled “Homestead exemption” which shall read as follows:
75
Page 2
“Sec. 8-15.Homestead exemption.
From and after the effective date of this Ordinance, a homestead exemption of one percent (1%)
is granted to all qualified homeowners subject to the City’s property tax pursuant to the laws of
the State of Texas regulating the assessment of ad valorem taxes. If this percentage produces an
exemption of less than five thousand dollars ($5,000) when applied to a particular residence
homestead, the individual shall be entitled to an exemption of five thousand dollars ($5,000) of
the assessed value of the property.”
SECTION 3.That the Chief Appraiser for the Denton County Appraisal District shall give
appropriate notice to the general public advising it of the availability of the exemption.
SECTION 4.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 5. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 6TH DAY OF JUNE, 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
76
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 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 receive legal advice from the City Attorney regarding specific use permits.
Suggested Action:
Attachments:
77
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 6, 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 specific use permits.
Suggested Action:
Attachments:
78