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HomeMy WebLinkAboutMinutes - City Council - 09/19/2023 - RegularMINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON SEPTEMBER 19, 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 191h day of September, 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 Absent (Personal) Brian Wade, Mayor Pro Tern Present David Terre, Councilmember Present Perry Schrag, Deputy Mayor Pro Tern Present Joel Marks, Councilmember Absent (Personal) 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: 30 p. m. 1.2 Invocation Assistant Pastor Howard Patton with Fountain of Hope 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 Proclamation recognizing September 2023 as United Way of Denton County - LIVE UNITED Month. Mayor proclaimed September 2023 as "United Way of Denton County — LIVE UNITED Month. " Melinda Galler and Sharon Lee, UWDC representatives, accepted the proclamation. Councilman Wade arrived at 6: 33 p. m. 1.6 Proclamation recognizing September 17 through September 23, 2023 as "Constitution Week." 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 19, 2023 Pagel 2 Mayor proclaimed September 17 through September 23, 2023 as "Constitution Week". Angel Standish with Sarah Kincaid Cook Chapter - Daughters of the American Revolution, accepted the proclamation. 1.7 Receive presentation from the Library regarding KultureCity Sensory Inclusive Certification. Library Director, Megan Charters, presented this item to Council. 1.8 Items of Community Interest Assistant City Manager, Tim Miller, introduced newly appointed Finance Director, Latonjia Williams. 1.8.1 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 Larry Robinson, 3951 Teal Cove Lane, spoke on cycling in the community and thanked Council for proving a sound infrastructure for it. Judy Rogers, 5929 Carrol, expressed concerns with an increase to her public utilities. 3.0 WORK SESSION 3.1 Discuss and provide direction to staff regarding short-term rental ordinance revisions. Council presented topics with regard to the revised ordinance as follows: 1. Age requirement 2. Minimum stay required 3. Parking restrictions with number of cars on property 4. Number of occupants allowed 5. Noise restriction 6. Disposal of trash bags 7. Zoning Overlay 8. Annual fee structure Staff to compile suggested topics for revised ordinance and bring back to Council at a future meeting. City Council — Regular Meeting Agenda September 19, 2023 Pagel 3 3.2 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the ConsentAgenda —Schrag; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from September 5, 2023. 4.2 Consider approving a resolution authorizing the City Manager to execute the Fiscal Year 2023-24 contract for services with SPAN, INC, in the amount of $91,114.00 to provide nutrition, transportation and social services within The Colony. RESOLUTION NO.2023-066 4.3 Consider approving an ordinance repealing Chapter 13, Article III, Sections 13-31 through 13-37 of the Code of Ordinances, entitled "Curfew Hours for Minors". ORDINANCE NO.2023-2527 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Samsara Inc. in the amount of $79,091.00 for the purchase of forward - facing dash -cameras for City owned Service Vehicles and Equipment. RESOLUTION NO.2023-067 4.5 Consider approving an ordinance amendment to increase the Wastewater Budget contractual services line item by $40,000.00 from the Chemicals Budget for Hydrogen Peroxide Chemicals for odor control. ORDINANCE NO.2023-2528 4.6 Consider an ordinance amending Chapter 6, Article V, Section 6-121 of the Code of Ordinances to provide the adoption of the updated Engineering Design Manual and Standard Construction Details that are dated September 2023. ORDINANCE NO.2023-2529 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance regarding amendments to Planned Development 16 (PD-16) Ordinance No. 99-1129 (and as amended) by City Council — Regular Meeting Agenda September 19, 2023 Pagel 4 establishing the conceptual development Standards for an approximately 88,000 square -foot Indoor/Outdoor Amusement Facility on Lot 7B, Block A within Tract B of The Colony Center Addition. The subject area contains approximately 6.59 acres and is located west of the northwest intersection of South Colony Boulevard and State Highway 121 within the Planned Development 16 (PD-16) District and the Gateway Overlay District. Director of Planning, Isaac Williams, gave an overview of this item. Applicant, Jesse Peckham, spoke on their development plans and answered questions from Council. The public hearing opened at 7: 23 p.m. and closed at 7: 26 p. m. Motion to approve — Wade; second by Ensweiler, motion carried with all ayes. ORDINANCE NO.2023-2530 5.2 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A, Section 20 of the Code of Ordinances of The Colony, Texas, entitled "Nonconforming Uses And Structures" by adding a Section 20-106 entitled "Compensation For Non -Conforming Uses"; and amending Appendix A, Section 24, Section 24-101 of The Comprehensive Zoning Code of The City of The Colony, Texas, Entitled "Amendments" by adding A subsection 24-101(I) to address notice requirements for nonconforming uses. Director of Planning, Isaac Williams, presented this item. The public hearing opened at 7:30 p.m. and closed at 7:31 p.m. with no speakers. Motion to approve — Schrag; second by Ensweiler, motion carried with all ayes. ORDINANCE NO.2023-2531 5.3 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix B, of the Code of Ordinances of The Colony, Texas, entitled "subdivision ordinance," by amending Section 3, entitled "definitions," by adding definition for "approval" and amending the definition of "filed" or "filing" and "plat"; adding a new Section 8.4, entitled "planning director approval" by establishing approval of plats by planning director; and adding a new Section 9.1, entitled "30-day time frame for plat approvals." Director of Planning, Isaac Williams, gave an overview of this item. The public hearing opened and closed at 7: 39 p. m. with no speakers. Motion to approve — Ensweiler; second by Wade, motion carried with all ayes. City Council — Regular Meeting Agenda September 19, 2023 Pagel 5 ORDINANCE NO.2023-2532 5.4 Conduct a public hearing, discuss and consider an ordinance approving the proposed 2023-2024 tax rate not to exceed $0.6400 cents per $100 valuation for the taxable value of real and personal property located within the City of The Colony. Assistant City Manager, Tim Miller, gave an overview of the item. The public hearing opened at 7:40 p.m. and closed at 7:41 p.m. with no speakers_ Motion to approve that the property tax rate be increased by the adoption of a tax rate of $.6400, which is effectively a one (1) % increase in the tax rate- Schrag; second by Wade, motion carried with all ayes. ORDINANCE NO.2023-2533 5.5 Conduct a public hearing, discuss and consider an ordinance adopting 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, presented this item to Council. Council provided discussion on the item. The public hearing opened at 7:46 p.m. and closed at 7:47 p.m. Pattie Huestis, CASA of Denton County, briefly reported on their services to the community and thanked Council for its continued support of the organization. Motion to approve — Schrag; second by Ensweiler, motion carried with all ayes. ORDINANCE NO.2023-2534 5.6 Discuss and consider approving an ordinance levying of 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, provided an overview on this item. Motion to approve — Wade; second by Ensweiler, motion carried with all ayes. ORDINANCE NO.2023-2535 5.7 Discuss and consider appointing a veterinarian to the Animal Control Board. City Attorney, Jeff Moore, provided clarity to the matter. Council provided discussion on this item. City Council — Regular Meeting Agenda September 19, 2023 Pagel 6 Motion to approve the appointment of Dr. Jennifer White to the Animal Control Board — Terre; second by Ensweiler, motion carried with all ayes. Executive Session was convened at 7: 59 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). 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 Manager. 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 B. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Motion to amend the City Manager 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 9: 09 p. m. APPROVED: Richard Boyer, May City of The Colony, Arr: F 9��U(tiv Tina Stewart, TRMC, CMC, City Secretary City Council — Regular Meeting Agenda cc, : 0 SEAS r�X ASS September 19, 2023 Pagel 7 No Text