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Home My WebLink AboutMinutes - City Council - 05/16/2023 - RegularMINUTES 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 16th day of May, 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, Mayor Pro Tern Present David Terre, Councilmember Absent (Personal) Perry Schrag, Deputy Mayor Pro Tern Absent (Personal) Joel Marks, Councilmember Present And with 5 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINEANNOUNCEMENTS, 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. t 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. City Council — Regular Meeting Agenda May 16, 2023 Pagel 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, City Council — Regular Meeting Agenda May 16, 2023 Pagel 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, dalyn 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 City Council — Regular Meeting Agenda May 16, 2023 Pagel 4 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. CoSery 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 Marks; 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 SESSIONACTION 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 City Council — Regular Meeting Agenda May 16, 2023 Pagel 5 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: _6" Kimberly Tho pson, Deputy City Secretary No Text