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Home My WebLink AboutMinutes - City Council - 02/20/2024 - RegularMINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON FEBRUARY 20, 2024 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 20th day of February 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Present Judy Ensweiler, Deputy Mayor Pro Tern Absent (Personal) Robyn Holtz, Councilmember Absent (Personal) Brian Wade, Councilmember Present Dan Rainey, Councilmember Present Perry Schrag, Mayor Pro Tern Present 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 Pastor Che Hightower with Serenity 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 Receive a presentation from the Library regarding National Library Lovers' Month, volunteer recognition, and presentation of the James W. Althaus Volunteer of the Year Award. Library Director, Megan Charters, presented the James W. Althaus Volunteer of the FY22-23 Year Award to Dell Holmes. She announced that the Library has also won the Achievement of Excellence in Libraries Award presented by the Texas Municipal Library Directors Association. 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. 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 February 20, 2024 Pagel 2 2.0 CITIZEN INPUT None. 3.0 WORK SESSION ***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION*** 3.1 Receive a presentation, discuss and provide direction to staff regarding the Elm Street (Commercial Destination) Strategic Focus Area. 3.2 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item No 4.6- Marks; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from February 6, 2024. 4.2 Consider approving Council expenditures for December 2023. 4.3 Consider approving a resolution authorizing the City Manager to amend a purchase order to Atlas Utility Supply Co. to reflect the total amount of $80,000 to purchase meters and meter parts. RESOLUTION NO.2024-016 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Turf and Soil Management, LLC in the amount of $53,466.75, to be funded by the Community Development Corporation, for a Turftime FX650 top dresser. RESOLUTION NO.2024-017 4.5 Consider approving a resolution authorizing the City Manager to execute a contract with STS 360 for the purchase and installation of security cameras at the New Recreation center in an amount not to exceed $80,216.42 to be funded by the Community Development Corporation. RESOLUTION NO.2024-018 City Council — Regular Meeting Agenda February 20, 2024 Pagel 3 ***ITEM PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.*** 4.6 Consider approving ordinances amending the Code of Ordinances by repealing the 2018 Editions of International Codes and adopting the 2021 Editions of the following International Codes - the International Residential Code, International Building Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, International Fuel Gas Code, International Swimming Pool and Spa Code, International Existing Building Code, all with local amendments; and repealing the 2017 Edition of the National Electric Code and replacing it with the 2020 Edition of the National Electric Code with local amendments. Motion to table to next agenda meeting- Schrag; second by Wade, motion carried with all ayes. 5.0 REGULAR AGENDA ITEMS 5.1 [CONTINUED FROM 12/05/2023] 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. Planning Director, Isaac Williams, gave an overview of the item. The public hearing closed at 6: 55 p.m. with no speakers. Motion to approve—Schrag, second by Wade, motion carried with all ayes. ORDINANCE NO.2024-2548 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract with Greeniverse Construction, LLC for construction of the Park Loop Trail Phase II and Aquatic Park Trail Connection in an amount not to exceed $1,146,699.69 to be funded by the Community Development Corporation. Park Development Manager, Calvin Lehmann, gave an overview of the proposed resolution. Motion to approve —Wade; second by Rainey, motion carried with all ayes. RESOLUTION NO.2024-019 City Council — Regular Meeting Agenda February 20, 2024 Pagel 4 5.3 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Contract with Mooring USA for the renovation of Stewart Creek Elementary Phase 2 (New Recreation Center) through the TIPS Purchasing Cooperative in an amount not to exceed $1,061,067.00 to be funded by the Community Development Corporation. Park Development Manager, Calvin Lehmann, gave an overview of the proposed resolution. Motion to approve Marks; second by Wade, motion carried with all ayes. RESOLUTION NO.2024-020 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $1,640,790.00 with A&B Construction, LLC. for the Sanitary Sewer Pipe Crossing Replacement on a USACE property near Ragan Place. Director of Engineering, Ron Hartline, presented the proposed resolution to Council. Motion to approve—Schrag; second by Marks, motion carried with all ayes. RESOLUTION NO.2024-021 5.5 Discuss and consider rescheduling or canceling the May 21, 2024 City Council meeting and provide direction to staff. Council provided discussion on this item. Motion to cancel the May 21, 2024 City Council meeting—Schrag; second by Marks, motion carried with all ayes. Executive Session was convened at 7:22 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 Sections 551.071 of the Texas Government Code to receive legal advice from the City Attorney regarding pending or contemplated litigation or settlement offer concerning — City of The Colony, Texas v. Hemant Patel and Profound Investments, LLC, Cause No. 24-0655-431, 431 st District Court, Denton County, Texas. City Council — Regular Meeting Agenda February 20, 2024 Pagel 5 Regular Session was reconvened at 7: 42 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 pending or contemplated litigation or settlement offer concerning — City of The Colony, Texas v. Hemant Patel and Profound Investments, LLC, Cause No. 24-0655-431, 431st District Court, Denton County, Texas. Motion to approve settlement agreement in the matter of City of The Colony, Texas v. Hemant Patel and Profound Investments, LLC as presented in executive session -Wade; second by Marks, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 7: 44 p. m. ATTEST: APPROVED: Richard Boyer, May r City of The Colony, exas Tina Stewart, TRMC, CMC, City Secretary TEX No Text