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HomeMy WebLinkAboutMinutes - City Council - 08/15/2023 - RegularMINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON AUGUST 15, 2023 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 15t' day of August, 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 Tem Absent (Personal) Joel Marks, Councilmember 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: 30 p. m. 1.2 Invocation Councilman Wade 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 Items of Community Interest Mayor announced that he, along with City Manager Powell, will be competing in a Denton County Mayors Pizza Cook -off event on August 23, 2023 at 5: 30 p.m. 1.5.1 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 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. City Council — Regular Meeting Agenda August 15, 2023 Pagel 2 3.0 WORK SESSION 3.1 Receive a presentation from staff and The Athletic Club regarding public -private partnership in management of Five Star Park and related activities. Deputy City Manager, Brant Shallenburger, gave an overview of this item. Eric Woerner, Founder of the Athletic Club, spoke on future plans for the facility. He, along with his team of professionals, Deric Salser (Development) and Fran Harris (Sports), gave introductions and background information to Council. Council provided discussion on the item. Lindsay Ellis, 4024 Caldwell, asked questions relative to the proposed program and outreach efforts made to inform the community about it. She spoke against turf fields. 3.2 Receive a presentation on final concept design for Veterans Memorial addition at the Five Star Complex. Deputy City Manager, Brant Shallenburger, gave an overview of this item. Mary Garcia, spoke of gratitude concerning the expansion. 3.3 Receive a presentation and update from SPAN. Deputy City Manager, Joe Perez, provided an overview on the item. Max Calder, Director of Operations and Kristine Herrera, Meals on Wheels Nutrition Programs Manager, highlighted the current year's activities and next year's forecast with regards to the service contract. Jona Coronado, Transportation Manager, was available to answer any questions. 3.4 Council to provide direction to staff regarding future agenda items. Mayor announced that there will be a special presentation added to the next agenda for a Memorial recognition. 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 Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from August 1, 2023. 4.2 Consider approving Council expenditures for June 2023. City Council — Regular Meeting Agenda August 15, 2023 Pagel 3 4.3 Consider approving a resolution approving a First Amendment to the Developer's Agreement between the City of The Colony and Wynnwood Peninsula Venture. RESOLUTION NO.2023-052 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Holiday Chevrolet, Whitesboro, TX, in the amount of $62,140.00 for the replacement of police unit #842 through the Tarrant County Cooperative Contract #2023-015. RESOLUTION NO.2023-053 4.5 Consider approving an ordinance authorizing the Mayor to execute a Negotiated Settlement Agreement between Atmos Cities Steering Committee and Atmos Energy Corporation, MID-TEX Division regarding the company's 2023 Rate Review Mechanism Filing. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. ORDINANCE NO.2023-2521 4.6 Consider approving a resolution suspending the September 1, 2023, effective date of Cosery Gas, Ltd.'s requested rate change and approving cooperation with other cities in the Cosery service area, and related matters. RESOLUTION NO.2023-054 4.7 Consider approving a resolution authorizing the City Manager to execute a Professional Services Contract with Halff Associates, LLC for design services for the renovation of a portion of Stewart Creek Elementary in the amount of $245,000.00, with funding from the Community Development Corporation. Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO.2023-055 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to execute an Event Support Agreement with Outlyr, LLC, Inc., in the amount not to exceed $339,836.00 for the 2023 Volunteers of America LPGA Texas Classic Tournament. City Council — Regular Meeting Agenda August 15, 2023 Pagel 4 Director of The Convention & Visitors Bureau, Mariko Lanicek, gave an overview of this item. Motion to approve — Marks; second by Ensweiler, motion carried with all ayes. RESOLUTION NO.2023-056 5.2 Discuss and consider making a request regarding an engineering variance to Section 3.01 Driveway Requirements - Engineering Design Manual, to allow a driveway distance at 90.98 feet, where 120 feet is the minimum distance from the driveway to point of intersection, in accordance with the Code of Ordinances Section 6-124 - Variance. The subject site contains approximately 1.15 acres and is located east of the southeast intersection of Main Street and East Lake Highlands Drive within the General Retail (GR) Zoning District and the Heavy Commercial (HC) Zoning District. Director of Planning, Isaac Williams, presented this item. Applicant, Clay Cristy P.E. of Claymore Engineering, spoke in support of the item and answered questions from Council. Motion to approve — Wade; second by Ensweiler, motion carried with all ayes with Marks voting no. 5.3 Conduct a public hearing on short-term rentals. City Attorney, Jeff Moore, gave an update on the recent court developments on short term rentals. The public hearing opened at 8: 38 p. m. and closed at 9:14 p. m. Analisa Fink, 3809 Overlook Court, appeared and spoke on this item. Clayton Moore, 3801 Overlook Court, appeared and spoke against this item. Kim Moore, 3801 Overlook Court, appeared and spoke against this item. Connor Leinneweber, 5164 Sherman Drive, appeared and spoke against this item. Kelly Stoebner, 3829 Overlook Court, appeared and spoke against this item. Lori Ricker, 4601 Lake Ridge Drive, appeared and spoke in favor of this item. Marlene Trevino, 5005 Overton Circle, appeared and spoke in favor of this item. Councilman Marks briefly left the meeting at 9: 03 and returned at 9: 09 p. m. City Council — Regular Meeting Agenda August 15, 2023 Pagel 5 Councilmember Holtz briefly left the meeting at 9: 08 and returned at 9:10 p.m. 5.4 Discuss and consider the City of The Colony Preliminary Municipal Budget 2023- 2024. Assistant City Manager, Tim Miller, gave an overview of the item. Council provided discussion on this item. 5.5 Discuss and consider the proposed 2024 tax rate of $.6425 per $100 of property valuation and setting the date for public hearings on the budget, tax rate, and Grandscape PID assessment on September 5th, 2023. In addition, approval of the 2023-2024 fee schedule, tax rate, budget, and PID assessment on September 19th, 2023. Assistant City Manager, Tim Miller, presented this item to Council. Mayor suggested changing the tax rate to $. 64 per $100 of property valuation. He announced the public hearing date for September 5, 2023 with approval consideration on September 19, 2023. 5.6 Discuss and consider a resolution accepting a preliminary service and assessment plan for the City of The Colony Public Improvement District, and assessment roll on properties located within the Public Improvement District No. 1. for the Fiscal Year 2023-24, and schedule a public hearing for September 5, 2023, concerning the levy of special assessments. Executive Business Liaison, Jeremie Maurina, gave an overview of this item. Motion to approve — Wade; second by Ensweiler, motion carried with all ayes. RESOLUTION NO.2023-057 5.7 Discuss and consider approving an ordinance ordering a special election to be held on November 7, 2023, to submit a proposition(s) to the eligible voters of the City for the sale of certain parkland property. Deputy City Manager, Brant Shallenburger, presented this item to Council. Motion to approve — Ensweiler, second by Holtz, motion carried with all ayes. ORDINANCE NO.2023-2522 Executive Session was convened at 10: 32 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 City Council — Regular Meeting Agenda August 15, 2023 Pagel 6 purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Regular Session was reconvened at 11: 06 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 B. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at I1: 08 p. m. APPROVED: �1 Richard Boyer, Mayor City of The Colony, Texas AT T: Tina Stewart, TRMC, CMC, City Secretary curSEAL