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Home My WebLink AboutMinutes - City Council - 12/05/2023 - RegularMINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON DECEMBER 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 December 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 Tern Present Dan Rainey, Councilmember Present Perry Schrag, Deputy Mayor Pro Tern Present Joel Marks, Councilmember Present And with 7 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 Pastor James Jenkins with Friendship Baptist 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 Items of Community Interest Mayor commended stafffor their efforts with the Holiday parade. 1.5.1 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 A.B. Martin, 4008 Steepleridge Drive, spoke concerning trash on FM423. 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 December 5, 2023 Pagel 2 3.0 WORK SESSION 3.1 Council to receive a presentation from Library/CVB regarding a special event for the April 8, 2024 total solar eclipse. Library Director, Megan Charters, along with Director of The Convention & Visitors Bureau, Mariko Lanicek, provided an overview of this item. Events Specialist, Chrystie Gibbs and Youth Services Librarian, Jacquelyn Yu, spoke on the item. 3.2 Discuss and provide direction to Staff regarding sale and service of alcohol at Fivestar Park by The Athletic Club. Deputy City Manager, Brant Shallenburger, provided an overview on this item. He presented two options concerning the sale of alcoholic beverages at the site. First option, consumption at concessions within designated fenced areas; Second option, a long-term planned development to apply specific rules to the property. Eric Woerner with The Athletic Club answered questions from Council. Council provided discussion on this item. Upon completion of the building, the sale and consumption of alcohol to be allowed within a confined outdoor dining area around the building and concession stands. Staff will prepare the planned development proposal and bring before Council later for approval. 3.3 Discuss and receive input on proposed revisions to The Colony's short-term rental ordinance. Deputy City Manager, Joe Perez, provided an overview on this item. Council provided discussion. Staff to finalize the proposed ordinance and bring back the item on the next Council meeting. 3.4 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 of Agenda Item No 4.9 - Ensweiler; second by Wade, motion carried with all ayes. City Council — Regular Meeting Agenda December 5, 2023 Pagel 3 4.1 Consider approving City Council Regular meeting minutes from November 21, 2023. 4.2 Consider approving Council expenditures for September and October 2023. 4.3 Consider approving an ordinance to allow an exception to the Code of Ordinance Section, 6-192, (a) & (b) to allow fireworks at 12:01 a.m. on January 1, 2024 at Grandscape Lifestyle Center, 5752 Grandscape Blvd. ORDINANCE NO.2023-2541 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to the City of Plano in the amount of $110,160.00 for the yearly recurring fee of the Joint Radio Systems Operations. RESOLUTION NO.2023-103 4.5 Consider approving a resolution authorizing the City Manager to issue a purchase order to VoiceProducts, Inc. in the amount of $22,535.00 for a required server upgrade of the current Nice Inform Recording system. RESOLUTION NO.2023-104 4.6 Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for the City of The Colony to provide fire protection services beginning October 1, 2023 through September 30, 2024. RESOLUTION NO.2023-105 4.7 Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $21,159.00 for the City of The Colony to provide emergency medical services beginning October 1, 2023 through September 30, 2024. RESOLUTION NO.2023-106 4.8 Consider approving a resolution authorizing the City Manager to issue a purchase order to Frazer, Ltd. in the amount of $366,396.00 for the replacement of the 2017 Road Rescue ambulance (Medic 13). City Council — Regular Meeting Agenda December 5, 2023 Pagel 4 RESOLUTION NO.2023-107 ***Item No. 4.9 was nulled from the consent agenda for separate discussion.*** 4.9 Consider approving a resolution authorizing the City Manager to issue a purchase order to Solid Lines in the amount of $300,000.00 for pavement markings for residential and main arterial streets. A.B. Martin, 4008 Steepleridge Drive, appeared in support of this item. Motion to approve- Wade, second by Rainey, motion carried with all ayes. RESOLUTION NO.2023-108 4.10 Consider approving an ordinance budget amendment to fund the City contribution for engineering and construction services to repair Lebanon Road per Denton County Interlocal Cooperative Agreement. ORDINANCE NO.2023-2542 4.11 Consider approving a resolution authorizing the Mayor to approve an Interlocal Cooperation Agreement with Denton County for engineering and construction services to repair Lebanon Road. RESOLUTION NO.2023-109 4.12 Consider approving a resolution authorizing the City Manager, Assistant City Manager and/or City Attorney to execute any and all documents necessary to be excluded or opt out from the City of Camden, et al. v. E.I. Dupont de Nemours and Company, et al., lawsuit and City of Camden, et al. v. 3M Company lawsuit. RESOLUTION NO.2023-110 4.13 Consider approving a resolution authorizing and approving certain payments by The Colony Local Development Corporation, The Colony Economic Development Corporation, and The Colony Community Development Corporation for costs related to the construction of projects within Tax Increment Reinvestment Zone No. 1, City of The Colony, Texas for Grandscape and related Authorization of Annual Payment forms, Issuer Orders, related documents; and resolving other matters related thereto. RESOLUTION NO.2023-111 5.0 REGULAR AGENDA ITEMS City Council — Regular Meeting Agenda December 5, 2023 Pagel 5 5.1 Discuss and consider an ordinance regarding the Site Plan application for URWLD, an approximately 88,000 square -foot Indoor/Outdoor Amusement Facility on Lot 713-2, Block A within Tract B of The Colony Center Addition. The subject area contains approximately 6.59 acres and is located north 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 the proposed site plan. Director of Engineer, Ron Hartline and URWLD Representative, Kevin Bacon, answered questions from Council. Motion to approve Ensweiler; second by Holtz, motion carried with all ayes. ORDINANCE NO.2023-2543 5.2 Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as "Colony Air Conditioning and Heating," at 4805 South Colony Blvd, containing approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. The public hearing was opened at 7:55 p.m. Motion to continue public hearing and action to February 20, 2024- Wade; second by Marks, motion carried with all ayes. 5.3 Discuss and consider approving the City Council meeting schedule for 2024. Motion to approve as amended Schrag; second by Ensweiler, motion carried with all ayes. 5.4 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b). Motion to approve the nominations of Perry Schrag as Mayor Pro Tem and Judy Ensweiler as Deputy Mayor Pro Tem—Wade; second by Holtz, motion carried with all ayes. 5.5 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors. Motion to approve the reappointments of all members and the appointment of Judy Ensweiler to Place 5—Wade; second by Schrag, motion carried with all ayes. 5.6 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one-year term. City Council — Regular Meeting Agenda December 5, 2023 Pagel 6 Motion to approve the reinstatement of the chair, Mayor Boyer —Wade; second by Ensweiler, motion carried with all ayes. 5.7 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors. Motion to approve the reappointments of all members and the appointment of Dan Rainey to Place 7—Wade; second by Ensweiler, motion carried with all ayes. 5.8 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one-year term. Motion to approve the reinstatement of the chair, Mayor Boyer —Wade; second by Ensweiler, motion carried with all ayes. 5.9 Discuss and consider making appointments to the Local Development Corporation Board of Directors. Motion to approve the reappointments of all members and the appointment of Dan Rainey to Place 6—Wade; second by Ensweiler, motion carried with all ayes. 5.10 Discuss and consider appointing a member of the Local Dcvelopment Corporation Board of Directors to serve as Chairman for a one-year term. Motion to approve the reinstatement of the chair, Mayor Boyer —Wade; second by Schrag, motion carried with all ayes. 5.11 Discuss and consider making appointments to the Hotel Development Corporation Board of Directors. Motion to approve the reappointments of all members and the appointment of Dan Rainey to Place 6—Wade; second by Ensweiler, motion carried with all ayes. 5.12 Discuss and consider appointing a member to the Hotel Development Corporation Board of Directors to serve as Chairman for a one-year term. Motion to approve the reinstatement of the chair, Mayor Boyer —Wade; second by Schrag, motion carried with all ayes. 5.13 Appointment of Council Liaisons to various city boards, commissions and committees. Mayor announced the following 2024 Council Liaison appointments: Planning and Zoning — Brian Wade, Alternate Judy Ensweiler; City Council — Regular Meeting Agenda December 5, 2023 Pagel 7 Economic Development Corporation — Perry Schrag, Alternate Brian Wade; Community Development Corporation — Robyn Holtz, Alternate Joel Marks; Keep The Colony Beautiful — Joel Marks; Library — Judy Ensweiler; Board of Adjustments/Sign Board — Dan Rainey; Technology — Perry Schrag; Animal Control Board — Brian Wade; Veteran's Advisory Committee — Dan Rainey; and Solid Waste Committee — Richard Boyer, Perry Schrag and Judy Ensweiler. 5.14 Discuss and consider rescheduling or canceling the December 19, 2023 City Council meeting (Observance of Christmas) and provide direction to staff. Motion to cancel the December 19, 2023 City Council meeting (Observance of Christmas)— Schrag; second by Wade, motion carried with all ayes. Executive Session was convened at 8:15 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to consult with the city attorney regarding revocations of invalid Specific Use Permits. B. 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: 08 p.m. 7.0 EXECUTIVE SESSIONACTION 7.1 A. Any action as a result of executive session regarding revocations of invalid Specific Use Permits. No Action B. 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 ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9: 08 p.m. City Council — Regular Meeting Agenda December 5, 2023 Pagel 8 APPROVED: Richard Boyer, MayVexas City of The Colony, AT T: Tina Stewart, TRMC, CMC, City Secretary