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Home My WebLink AboutMinutes - City Council - 09/05/2023 - RegularMINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON SEPTEMBER 5, 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 51h day of September 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, Mayor Pro Tem Present David Terre, Councilmember Present Perry Schrag, Deputy Mayor Pro Tem Present Joel Marks, Councilmember (Absent) Personal And with 6 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: 30 p. m. 1.2 Invocation Father Joy Joseph with Holy Cross Catholic 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 recognizing September 2023 as "Suicide Prevention Awareness Month." Mayor recognized the month of September as "Suicide Prevention Awareness Month. " Sherri McCarthy on behalf of Zero Suicide Work Taskforce at Denton County's MHMR Center, accepted the proclamation. 1.6 Proclamation recognizing the first full week of September 2023 as "Payroll Week." Mayor recognized the first week of September 2023 as "Payroll Week. " Payroll Manager, Dolores Hunter, accepted the proclamation. 1.7 Memorial Proclamation in Honor of Sandra Shearer Timmerman in recognition of her service to The Colony. Mayor presented a memorial proclamation to the family of Sandra Shearer Timmerman for her dedicated services to The Colony. 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 September 5, 2023 Pagel 2 1.8 Items of Community Interest 1.8.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None. 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 ConsentAgenda with the exception ofAgenda Item No 4.9 — Wade; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from August 15, 2023. 4.2 Consider approving Council expenditures for July 2023. 4.3 Consider approving a resolution authorizing the City Manager to execute a Municipal Building #5 Lease Agreement with Lakeside Community Theater for the Fiscal Year 2023-24. RESOLUTION NO.2023-058 4.4 Consider approving a resolution authorizing the City Manager to execute a Government Center Lease Agreement with American Legion Holley -Riddle Post 21 for the Fiscal Year 2023-24. RESOLUTION NO.2023-059 4.5 Consider approving a resolution authorizing the City Manager to execute a Trinity North Lease Agreement with The Colony Chamber of Commerce for the Fiscal Year 2023-24. RESOLUTION NO.2023-060 City Council — Regular Meeting Agenda September 5, 2023 Pagel 3 4.6 Consider approving a resolution authorizing the Mayor to execute a Joint Election Agreement and Contract for election services with Denton County Elections for the November 7, 2023 General Election. RESOLUTION NO.2023-061 4.7 Consider approving a resolution authorizing the City Manager to issue a purchase order to Holiday Chevrolet for an amount of $61,890.00 for the purchase of a Chevrolet Silverado through the Tarrant County Cooperative Contract #2023-016. RESOLUTION NO.2023-062 4.8 Consider approving a resolution authorizing the City Manager to execute a contract with Tyler Technologies for the upgrade of Incode software for Finance, Utility Billing and Municipal Court in the amount of $120,290. RESOLUTION NO.2023-063 ***Item No. 4.9 was pulled from the consent agenda for separate discussion.*** 4.9 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $1,906,293.00 with Urban Infraconstruction for the Phase 13B Concrete Street Repair Project. Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO.2023-064 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing on short-term rentals. Mayor announced that this will be the Srh and final public hearing to take input on the item. He requested for Council to provide questions and/or suggestions to Deputy City Manager, Joe Perez, by the next meeting for further discussion. The public hearing opened at 7:04 p.m. and closed at 7:31 p.m. Alex Eicke, 7305 Elm Street, appeared and spoke in favor of this item. Christopher Scott, 5080 Alpha Drive, appeared and spoke in favor of this item. Christina Jones, 5053 Lake Vista Drive, appeared and spoke in favor of this item. Kalind McKain, 5768 Rutledge Drive, appeared and spoke in favor of this item. City Council — Regular Meeting Agenda September 5, 2023 Pagel 4 Clayton Moore, 3801 Overlook Court -provided input via online. Mayor read his comments for the record. Analisa Fink, 3809 Overlook Court, appeared and suggested amending the current ordinance for it. Luther Huggins, 5229 Worley Drive, appeared and spoke in favor of this item. Phillip Leon, 5217 Young, appeared and spoke in favor of this item. 5.2 Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Heavy Commercial (HC) zoning district to General Retail (GR) zoning district, being Lots 47-55, Block 1, Garza -Little Elm Lake Estates, and being approximately 0.66 acres (28,914 sf) of land in the Garza -Little Elin Lake Estates, and being located southwest of the intersection of East Lake Highlands and Elm Street. Director of Planning, Isaac Williams, gave an overview of this item. The public hearing opened and closed at 7:41 p.m. with no speakers. Motion to approve— Terre; second by Ensweiler, motion carried with all ayes. ORDINANCE NO.2023-2523 5.3 Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Gateway Standards Waiver from (1) Section 10A-900(c)(5)(F) allowing a canopy of eighteen (18) feet one (1) inch where sixteen (16) feet is permitted. The subject site being located southwest of the intersection of East Lake Highlands and Elm Street. Director of Planning, Isaac Williams, gave an overview of this item. The public hearing opened at 7: 44 p. m. and closed at 7: 45 p. m. Alex Eicke, 7305 Elm Street, appeared and spoke against this item. Motion to approve— Wade; second by Terre, motion carried with all ayes. ORDINANCE NO.2023-2524 5.4 Conduct a public hearing, discuss and consider an ordinance to amend (Ordinance 2022-2464) Planned Development-18 (PD-18) and Planned Development-23 (PD- 23) District aka The Tribute, by modifying Exhibit B "Development Regulations for PD-18 and PD-23," updating the Concept Plan townhome development elevations for "Chelsea Green at the Tribute" an approximately 29.691 acre area City Council — Regular Meeting Agenda September 5, 2023 Pagel 5 located southwest of the intersection of the intersection of Bridge Lane and Lebanon Road within the Tribute Community. Director of Planning, Isaac Williams, gave an overview of this item. The public hearing opened at 7: 53 p. m. and closed at 7: 55 p. m. with no speakers. Motion to approve— Terre; second by Wade, motion carried with all ayes. ORDINANCE NO.2023-2525 5.5 Discuss and consider approving a resolution amending the Fiscal Year 2022-2023 Master Fee Schedule for the Fiscal Year 2023-2024, effective October 1st, 2023. Assistant City Manager, Tim Miller, gave an overview of this item. Motion to approve as amended — Wade; second by Ensweiler, motion carried with all ayes. RESOLUTION NO.2023-065 5.6 Conduct the first of two public hearings, discuss and consider the City of The Colony Fiscal Year Budget beginning October 1, 2023 through September 30, 2024; providing for intra and inter departmental fund transfers; providing that expenditures for said Fiscal Year to be made in accordance with said budget. Assistant City Manager, Tim Miller, gave an overview of this item. The public hearing opened and closed at 8: 08 p. m. with no speakers. 5.7 Conduct a public hearing and discuss the proposed 2023-2024 tax rate not to exceed $0.64000 cents per $100 valuation for the taxable value of real and personal property located within the City of The Colony, and announce that the tax rate will be voted on September 19th, 2023 at 6:30 p.m. at The Colony City Hall, 6800 Main Street. Assistant City Manager, Tim Miller, presented this item. The public hearing opened and closed at 8:12 p.m. with no speakers. 5.8 Conduct a public hearing concerning the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1 for the Fiscal Year 2023-24. Executive Business Liaison, Jeremie Maurina, gave an overview of this item. The public hearing opened and closed at 8:16 p. m. with no speakers. City Council — Regular Meeting Agenda September 5, 2023 Pagel 6 5.9 Discuss and consider approving an ordinance canceling the November 7, 2023 Place 3 and Place 6 Elections, and declaring the unopposed candidates to Place 3 and Place 6 elected to office. Council provided discussion on this item. Motion to approve— Holtz, second by Ensweiler, motion carried with all ayes. ORDINANCE NO.2023-2526 Executive Session was convened at 8: 20 p. m. 6.0 EXECUTIVE SESSION 6.1 A. Any action as a result of executive session regarding economic development prospect and Billingsley Development Corporation Agreement, and deliberate commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect. B. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding utility issues concerning Beach and Tennis Club HOA. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding The Colony Economic Development Corporation and The Colony Community Development Corporation. D. 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 Secretary. Regular Session was reconvened at 10: 37 p. m. 7.0 EXECUTIVE SESSIONACTION 7.1 A. Any action as a result of executive session regarding economic development prospect and Billingsley Development Corporation Agreement, and deliberate commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect. No Action B. Any action as a result of executive session regarding legal advice from the city attorney regarding utility issues concerning Beach and Tennis Club HOA. No Action City Council — Regular Meeting Agenda September 5, 2023 Pagel 7 C. Any action as a result of executive session regarding legal advice from the city attorney regarding The Colony Economic Development Corporation and The Colony Community Development Corporation. No Action D. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Motion to amend the City Secretary contract terms as discussed in executive session -Wade; second by Ensweiler, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 10: 38 p. m. APPROVED: Richard Boyer, Mayor City of The Colony, Texa /1", ATTEST: 1 Ct,-� CSEAL TO, Tina Stewart, TRMC, CMC, City Secretary No Text