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Home My WebLink AboutCity Packets - City Council - 07/16/2024 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Tina Stewart Submitting Department: Police Item Type: Presentation Agenda Section: Subject: Present recently completed police recruitment videos to Council. (Winnett) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Megan Charters Submitting Department: Library Item Type: Presentation Agenda Section: Subject: Receive a presentation, discuss and provide direction to staff regarding the upcoming Fifty Years of The Colony event in October 2024 recognizing the founding of The Colony (Charters). Suggested Action: Attachments: 7 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Special Session Retreat meeting minutes from June 29, 2024 and Regular Session meeting minutes from July 2, 2024. (Stewart) Suggested Action: Attachments: June 29, 2024 Special Session Retreat DRAFT Minutes.doc July 2, 2024 DRAFT Minutes.docx 9 MINUTES OF COUNCIL SPECIAL SESSION RETREAT HELD ON JUNE 29 2024 The Special Session/Retreatof the City Council of the City of The Colony,Texas, was called to order at 8:00 a.m. on the 29 th day of June 2024, at the Hampton Inn & Suites, 3650 Plano Parkway, The Colony, Texas 75056, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Deputy Mayor Pro Tem Present Robyn Holtz Councilmember Present (arrived @ 11:43 a.m.) Brian R. Wade Councilmember Present Dan Rainey Councilmember Present Perry Schrag Mayor Pro Tem Present Joel Marks Councilmember Present City staff present: Troy Powell, City Manager Tim Miller, Assistant City Manager Brant Shallenburger, Deputy City Manager Joe Perez, Deputy City Manager Tina Stewart, City Secretary And with seven council members present a quorum was established and the following items were addressed: 1. CALL TO ORDER Mayor Boyer called the meeting to order as 8:30 a.m. 2. RECEIVE PRESENTATION FROM STAFF, AND DISCUSS THE FOLLOWING: City Manager, Troy Powell, Assistant City Manager, Tim Miller, Deputy City Managers, Brant Shallenburger and Joe Perez and City Council provided discussion on the following items as follows: Finance – Monthly Finance Report Update on Property Tax Numbers Tribute Payment on TIRZ #2 Update on General Debt and CIP Projects Aggregates Facilities – Facility Master Plan Eastvale Street Connector Facility Naming 10 Land – Legends HOA property on Morningstar Legends South Memorial Landscaping – Overall ROW disc. WWTP land (N Triangle) Code Development – Elm Street/Main Street Gateway challenges and solutions Wayfinding and Gateway/Intersection Beautification (Signage vs. Monument) ***City Council recessed from 12:00 p.m. to 12:38 pm for lunch*** Parks – Band Discussion on Events TAC performance Discussion (Athletic Club) Police/Fire Department PD-crossing guard contract and school zone closure Public Works – Street Sweeper Storm water issues on North Colony Grandscape – Issues/Updates Council – Charter Review Legislative Priorities Animal Services – Dog Arena Expansion Animal Services – Dish Bowl Sanitizer Short Term Rentals – Plano Implement Neighborhood Enhancement Program ADJOURNMENT There being no further business to discuss the meeting adjourned at 2:40 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony, Texas 11 ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 12 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. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON JULY 2, 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 2 nd day of July 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Deputy Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 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 Bishop Kevin Burke with The Church of Latter Day Saints 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 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 None. 13 City Council – Regular Meeting Agenda July 2, 2024 Page| 2 3.0 WORK SESSION 3.1 Discuss and receive input on a proposed ordinance related to golf cart usage in The Colony. Deputy City Manager, Brant Shallenburger, presented this item to Council. Council advised staff to move forward with a proposed golf cart ordinance and bring it back to a meeting in August. 3.2 Council to provide direction to staff regarding future agenda items. None. Councilman Schrag briefly left the meeting at 7:00 and returned at 7:03 p.m. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda - Marks; second by Rainey, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from June 18, 2024. 4.2 Consider approving an ordinance creating the Veterans Advisory Committee. ORDINANCE NO. 2024-2568 4.3 Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas Municipal League Intergovernmental Risk Pool for cyber liability and data breach response insurance for the purposes of providing coverages against cyber risks. RESOLUTION NO. 2024-048 4.4 Consider approving a resolution authorizing the City Manager to execute Contract Amendment #1 in the amount of $15,000.00 with Building Code Consulting Services, LLC. for additional Building Code and Energy Code Plan Review and Inspection Services. RESOLUTION NO. 2024-049 4.5 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $378,058.95 with Road Solutions, LLC. for the South Colony Boulevard and Village at 121/Floor and Decor Intersection Traffic Signal Project. RESOLUTION NO. 2024-050 14 City Council – Regular Meeting Agenda July 2, 2024 Page| 3 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider all matters incident and related to approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation, including the adoption of a resolution pertaining thereto. Assistant City Manager, Tim Miller, and Hilltop Securities Inc. Senior Managing Director/Regional Head of Investment Banking, Jason Hughes, provided an overview of this item to Council. Motion to approve-Wade; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2024-051 Executive Session was convened at 7:05 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). Regular Session was reconvened at 7:30 p.m. 7.0 EXECUTIVE SESSION ACTION 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 ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 7:33 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 15 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for May 2024. (Council) Suggested Action: Attachments: Council May Expenditures.pdf 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Consider accepting Sarah Fried's resignation from the Library Board. (Council) Suggested Action: Attachments: 38 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Kimberly Thompson Submitting Department: Community Image Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Superion, LLC, a CentralSquare Company in the amount of $54,808.46 for annual maintenance of the Trakit Software. (Browder) Suggested Action: Attachments: Superion, LLC - Central Square Invoice.pdf Res. 2024-xxx Superion LLC.docx 39 40 41 42 43 44 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SUPERION, LLC, A CENTRAL SQUARE COMPANY FOR THE ANNUAL MAINTENANCE OF THE TRAKIT SOFTWARE; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Superion, LLC, a Central Square Company in the amount of $54,808.46 for the annual maintenance of the Trakit Software. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 16TH DAY OF JULY, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 45 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Tina Stewart Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to transfer funds in the amount of $175,000.00 account #211-699-6999-999 Utility CIP Closed Project Fund to the Waste Water Treatment Plant account #200-662-6345 for the purchase of chemicals for the treatment of Hydrogen Sulfide. (Whitt) Suggested Action: Attachments: Waste Water Chemical Budget Memo.doc Budget/Project Amendment Form.pdf Res. 2024-xxx WWTP Transfer of funds.docx 46 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov From:James Whitt, Department of Public Works Sent:Thursday July 8, 2024 Subject: Waste Water Chemical Budget This memo is to provide a summary of the operations and expenses associated with the hydrogen peroxide treatment on the waste water forced main from the Austin Ranch lift station to the connection point at Miller Drive and Keller Circle Within days of the new main being put into service the City began receiving odor complaints due to high hydrogen sulfide gases, besides the odor this gas is also extremely corrosive and will begin corroding both the concrete manholes and the metal manhole lids. After meeting with our Engineering Department and consulting engineers a hydrogen peroxide treatment system was determined to be the best way to reduce and control the hydrogen sulfide. After installation of the equipment and using a dosage level recommended by the manufacture the City continued to receive odor complaints. Working with the manufacture the dosage was increased multiple times over the next eighteen months. It was at this time that we determined that the increase in dosage was not reducing the hydrogen sulfide gas levels or the complaints. After discussing the situation with Daemeon Stovall the Waste Water plant manager we decided to perform field inspections to determine if there was factors effecting the hydrogen sulfide gas levels that we were unaware of, a 1 (one) mile length of the forced main was inspected and an air release valve was located that was the cause of the problem, the forced main drops in elevation from the air release valve at a higher elevation to a lower elevation. This change in elevation was creating a suction in the line and the air release valve was allowing air to be sucked into the line contributing to the air that was later released thereby increasing the contaminated hydrogen sulfide air. The air release valve has been closed which has stopped the inflow of air and reduced the volume of air release. After this discovery we reduced the hydrogen peroxide by 50% and after receiving no odor complaints it was reduced by 50% again, now at 25% of the maximum high dosage, after a month of operation we have received no odor complaints. We will monitor and make adjustments as needed. 47 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov Because this project was approved on 6/21/2022 outside of our normal budget process, the budget that was prepared in March of 2022 was before this expenditure and therefore this cost was not included in the original budget. Unfortunately no allowance was made for this extra expenditure once the new budget started, a complete oversight on my part. Once we started to see the account was being used faster that expected we began investigating and found the error. Again, this situation occurred because the Wastewater department had a project approved mid-year one budget year, and it was not budgeted for the next year. Also, due to the massive savings of the sludge hauling project we were able to absorb all of these increases last year by annually reducing our sludge hauling cost, these savings was not there in future years to maintain or absorbing that cost. The original request was for the equipment and the bulk chemical $137,000 on 6/21/2022 An additional request was made for $40,000 on 9/19/2023 The last request was made for $177,000 on 11/8/2023 We believe we have the dosage at an acceptable level, at this time there is an additional $175,000 needed to provide funding to the end of the budget year. This item and its continued costs associated have been placed in the proposed FY 24-25 budget and beyond. We will continue to adjust the dosage level to determine an appropriate operating level. In addition we are exploring alternative methods and chemicals to eliminate hydrogen sulfide and to reduce odors. Including this additional funding request, the total Wastewater budget for this FY will be at $1.98M; $142k below last year’s spending and $276k below total spending in FY 21-22. Based on the 2023 chemicals expenditures and the forecasted 2024 expenditures a chemicals budget of $450,000 per year is required to maintain operations. Below is a breakdown of the monthly spending by FY of the three main chemicals paid out of the chemicals line in the Wastewater budget. WasteWater Service FY Total Revenue 18-19 6,311,393$ 19-20 6,589,827$ 20-21 7,774,921$ 21-22 8,289,562$ 22-23 8,816,615$ 23-24 6,273,703$ 48 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov Below is a breakdown of the monthly spending for each of the chemicals budget Hydrogen Peroxide purchases. Hydrogen Peroxide reduces hydrogen sulfide corrosion and reduces rotten egg odor. Hydrogen Peroxide injection started on 2/3/2023. Cost reflect bulk purchases, dosage has been reduced but is not reflected in the invoice amounts. FY 23 FY 24 02/03/2023 $19,208.00 10/20/2023 $16,488.06 03/03/2023 $1,250.00 service charge 10/20/2023 $16,629.96 03/03/2023 $1,250.00 service charge 10/27/2023 $1,400.00 service charge 03/24/2023 $1,250.00 service charge 11/08/2023 $1,400.00 service charge 03/23/2023 $32,869.38 11/17/2023 $2,800.00 service charge 04/06/2023 $17,617.76 12/08/2023 $31,821.81 05/19/2023 $15,468.91 01/05/2024 $18,522.03 06/22/2023 $17,861.03 01/12/2024 $1,400.00 service charge 06/23/2023 $16,731.32 01/19/2024 $13,266.45 07/19/2023 $15,069.00 02/09/2024 $12,991.85 08/02/2023 $15,352.81 03/08/2024 $13,623.75 09/01/2023 $15,406.87 03/15/2024 $1,400.00 03/22/2024 $13,912.43 04/05/2024 $14,697.76 04/19/2024 $11,702.88 05/17/2024 $12,913.14 Totals $169,335.08 $114,430.29 49 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov Ferric Chloride purchases. Ferric Chloride is a secondary coagulate specific for treatment of phosphorus, it causes the phosphorus to fall out of suspension and into the solid material we haul off. FY 22 FY 23 FY 24 09/15/2022 $8,503.55 10/28/2022 $8,609.18 10/20/2023 $11,397.34 07/22/2022 $7,445.69 11/15/2022 $8,752.54 11/09/2023 $10,429.93 05/20/2022 $7,274.66 12/21/2022 $8,794.04 12/08/2023 $11,469.25 05/13/2022 $6,620.41 01/06/2023 $8,130.06 12/22/2023 $10,296.72 04/08/2022 $13,969.85 02/24/2023 $8,609.18 01/12/2024 $10,834.11 03/04/2022 $6,424.13 03/21/2023 $8,839.32 02/02/2024 $11,941.51 02/11/2022 $6,041.99 04/25/2023 $8,850.63 02/16/2024 $11,329.95 01/14/2022 $7,112.66 05/25/2023 $8,156.47 03/08/2024 $10,848.14 01/07/2022 $7,156.27 06/16/2023 $8,880.81 07/14/2023 $8,624.27 08/02/2023 $8,499.78 09/08/2023 $10,777.18 09/28/2023 $11,051.64 Totals $70,549.21 $116,575.10 $88,546.95 50 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov Polymer purchases. This is our primary coagulate to remove solids, the solids clump together while suspended in the water, this allows the solids and the water to be separated by the belt press, the water drained off, treated by UV light and released into the lake while the solids are collected and hauled to the dump. FY 22 FY 23 FY 24 10/15/2021 $2,511.00 01/10/2023 $7,722.00 10/13/2023 $3,150.00 10/22/2021 $1,255.50 02/24/2023 $9,450.00 10/27/2023 $12,600.00 12/03/2021 $7,533.00 03/21/2023 $9,450.00 10/27/2023 $15,750.00 01/21/2022 $1,255.50 03/21/2023 $3,150.00 11/14/2023 $12,600.00 02/02/2022 $1,287.00 04/27/2023 $9,450.00 12/22/2023 $12,600.00 02/25/2022 $9,416.25 05/17/2023 $12,600.00 02/02/2024 $3,150.00 03/18/2022 $7,722.00 06/22/2023 $12,600.00 02/09/2024 $3,150.00 03/25/2022 $7,722.00 07/19/2023 $12,600.00 02/16/2024 $6,300.00 04/01/2022 $13,198.50 08/10/2023 $12,600.00 03/08/2024 $12,600.00 06/24/2022 $7,722.00 09/22/2023 $12,600.00 03/26/2024 $12,600.00 07/15/2022 $7,722.00 09/22/2023 $3,150.00 04/05/2024 $1,575.00 07/29/2022 $7,722.00 -04/24/2024 $3,150.00 07/29/2022 $7,722.00 -04/25/2024 $3,150.00 09/07/2022 $7,722.00 -5/25/2024 $3,150.00 09/23/2022 $7,722.00 - Totals $98,232.75 $105,372.00 $105,525.00 51 52 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS TO THE WASTEWATER TREATMENT PLANT ACCOUNT FOR THE PURCHASE OF CHEMICALS FOR THE TREATMENT OF HYDROGEN SULFIDE; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to transfer funds in the amount of $175,000.00 account #211-699-6999-999 Utility CIP Closed Project Fund to the Wastewater Treatment Plant account #200-662-6345 for the purchase of chemicals for the treatment of hydrogen sulfide. Section 2. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 16TH DAY OF JULY, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 53 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Calvin Lehmann Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a TIPS Purchasing Cooperative Contract with CI Pavement for the construction of a new front drive and entry walkway improvements at the New Recreation Center as part of Phase 3 in an amount not to exceed $359,588.34 to be funded by the Community Development Corporation. (Lehmann) Suggested Action: Background: As part of the ongoing renovation at the New Recreation Center (Former Stewart Creek Elementary), accessible parking and paths to entry points of the building need to be addressed. Currently there is no accessible path to the building which is required by current ADA standards. This new drive will remove all parallel and street parking with front facing parking along the building. This also includes handrails, new landscape buffer/islands and replacing the sidewalk in front of the building. To move the Community Center operations to the new building as planned, we must also address the front drive. Attachments: CI Pavement - 18278- PARKS DEPT-STEWART CREEK-CC-6-27-24.pdf Res. 2024-xxx CI Pavement, Phase 3.docx 54 55 56 57 58 59 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A TIPS PURCHASING COOPERATIVE CONTRACT WITH CI PAVEMENT FOR THE CONSTRUCTION OF A NEW FRONT DRIVE AND ENTRY WALKWAY IMPROVEMENTS AT THE NEW RECREATION CENTER AS PART OF PHASE 3; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to execute a TIPS Purchasing Cooperative Contract with CI Pavement for the construction of a new front drive and entry walkway improvements at the new Recreation Center as part of Phase 3, in the amount of $359,588.34, to be funded by the Community Development Corporation. Section 2. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 16TH DAY OF JULY, 2024. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 60 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance amending Chapter 19, entitled “TRAFFIC” by adding a new Section 19-30, entitled “OPERATION OF GOLF CARTS", by addressing the operation of golf carts within the City of The Colony. (Shallenburger) Suggested Action: Attachments: Ord. 2024-XXXX Golf Cart Ordinance - City-Wide 61 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 19, ENTITLED “TRAFFIC” BY ADDING A NEW SECTION 19-30, ENTITLED “OPERATION OF GOLF CARTS” TO ADDRESS THE OPERATION OF GOLF CARTS WITHIN THE CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED THREE HUNDRED FIFTY DOLLARS ($350.00) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 551.404(a) of the Texas Transportation Code, in pertinent part provides the following “the governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that: (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour”; and WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to amend Chapter 19 of the Code of Ordinances, entitled “Traffic” by adding a new Section 19-30, entitled “Operation of Golf Carts” to address the operation of golf carts within the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That Chapter 19 of the Code of Ordinances of the City of The Colony, Texas, entitled “Traffic” is hereby amended by adding a new Section 19-30, entitled “Operation of Golf Carts” which shall read as follows: “Sec. 19-30. Operation of Golf Carts. (a) Definitions. For purposes of this section, the following terms shall have the meaning ascribed to them: (1) Golf Cart means a motor vehicle designed by the manufacturer primarily for use on a golf course. 62 (2) Public Safety Personnel means any employee or officer of a governmental law enforcement agency or the city fire department. (3) Public Street means a publicly-owned or dedicated road, street, drive, or other right- of-way for the use of vehicles within the corporate boundaries of the City of The Colony. (b) Places of Operation. A person may operate a golf cart on all or part of a highway that is within the corporate boundaries of the City and has a posted speed limit of not more than 35 miles per hour, in accordance with Section 551.404(a) of the Texas Transportation Code, as amended. (c) Driver’s License. A person operating a golf cart on a public street within the City must possess a valid driver’s license issued by the State of Texas. (d) Golf Cart License Plate. A person may operate a golf cart on a public street within the City only if the golf cart displays a license plate issued by the Texas Department of Motor Vehicles, consistent with Section 551.402(b) of the Texas Transportation Code, as amended. (1) Exception. A person may operate a golf cart in a master planned community without a golf cart license plate on a highway for which the posted speed limit is not more than 35 miles per hour, including through an intersection of a highway for which the posted speed limit is more than 35 miles per hour, consistent with Section 551.403(b) of the Texas Transportation Code, as amended. (e) Equipment. A person operating a golf cart on a public street within the City, other than a master planned community or other place authorized by Section 551.403 of the Texas Transportation Code, must have the following equipment on said golf cart: (1) Headlamps; (2) Taillamps; (3) Reflectors; (4) Parking brake; (5) Mirrors; and (6) A golf cart that is operated at a speed of not more than 25 miles per hour must display a slow-moving vehicle emblem is required to display a slow-moving- vehicle emblem when it is operated on a highway, consistent with Section 547.703(d) of the Texas Transportation Code, as amended. (f) Insurance. No person may operate a golf cart on a public street within the City without maintaining financial responsibility appropriate for said golf cart in accordance with Section 601.051 of the Texas Transportation Code, as amended. (1) Exception. A person may operate a golf cart in a master planned community or other place authorized by Section 551.403 of the Texas Transportation Code, 63 without maintaining financial responsibility appropriate for said golf cart pursuant to Section 601.052(a)(2-a) of the Texas Transportation Code, as amended. (g) Compliance with Law. A person operating a golf cart on a public street within the City must comply with all applicable federal, state, and local laws and ordinances. (h) While in Operation. While a golf cart is in motion on a public street within the City, the driver and every passenger in a golf cart must be seated in a seat designed to hold passengers. No person may stand or ride in the lap of the driver and/or other passenger of a golf cart while in motion. (i) Public Safety Personnel. Public safety personnel may operate a golf cart on any public street without any further restrictions when the golf cart is used in the performance of his/her duties.” SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. Every day a violation occurs shall constitute a separate offense. A violation for failure to maintain insurance shall be punished by a fine not to exceed the sum of Three Hundred Fifty Dollars ($350.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE day of JULY, 2024. Richard Boyer, Mayor 64 ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 65 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance updating the Code of Ordinances by amending Chapter 19, Section 19-11(C), entitled “SAME—IN SCHOOL TRAFFIC ZONES,” by establishing school zone speeding limits of 20 miles per hour. (Shallenburger) Suggested Action: Attachments: Ord. 2024-XXXX Speed - School Zones Amendment.pdf 66 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 19, SECTION 19-11(C), ENTITLED “SAME—IN SCHOOL TRAFFIC ZONES,” BY ESTABLISHING A SCHOOL ZONE SPEEDING LIMITS OF 20 MILES PER HOUR WHEN A POSTED SIGN INDICATING THE SPEED LIMIT IS EQUIPPED WITH ONE OR MORE FLASHING AMBER LIGHTS ARE IN OPERATION FOR CERTAIN ENUMERATED STREETS WITHIN THE CITY; REPEALING IN ITS ENTIRETY CHAPTER 19, SECTION 19-11(D); AND RELETTERING CHAPTER 19, SECTION 19-11(E) AS SECTION 19-11(D); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to amend the current Chapter 19, Section 19-11 to regulate speed limits within school zones located within the City of The Colony, Texas, in accordance with State law; and WHEREAS, the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfare of the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 19, Section 19-11(c), entitled “Same—In school traffic zones,” which shall read as follows: “Sec. 19-11. Same--In school traffic zones. . . . (c) The maximum lawful prima facie speed limit in said school traffic zones during said hours shall be 20 miles per hour. The locations of said school traffic zones are as follows: Street Extent 67 Page 2 Arbor Glen Road From its intersection with Ash Glen Lane to a point 200 feet east of Blair Oaks Road. Bankside From the intersection with Lebanon Road to a point 150 feet southeast of the intersection of Stonefield and Lebanon Road Blair Oaks Road From a point 300 feet north of its intersection with South Colony Blvd. to its intersection with Cougar Alley. Cougar Alley From its intersection with Blair Oaks Road to its intersection with Farm to Market Road 423 (Main Street). Etheridge Drive From a point 200 feet north of Fryer St. to its intersection with North Colony Blvd. John Yates Drive From 100 feet south of its intersection with Crawford Drive to its intersection with Shannon Drive. Keys Drive From its intersection with Anderson Drive, to its intersecting point with the south alley of Elliot Drive. Lebanon Road From its intersection with Leyton Road to the eastern city limits. Lebanon Road From a point 200 feet southwest of the intersection with Stonefield and Bankside to a point 200 feet northeast of the intersection with Stonefield and Bankside Nash Drive From a point 250 feet west of its intersection with John Yates Drive to its intersecting point with Miller Drive. North Colony Blvd. From a point 460 feet east of its intersecting point with Ragan Drive to a point 560 feet west of its intersection with Ragan Drive. North Colony Blvd. From a point 300 feet east of its intersection with Ethridge Drive to a point 700 feet west of its intersection with Ethridge Drive. Paige Road From a point 325 feet north of the intersection with Yager Drive and point 135 feet south of the intersection with Norris Drive. Richmond From the intersection with Stonefield to a point 300 feet southwest of the intersection with Prescott. Scotty’s Lake Lane From its intersection with Lebanon Road to a point 120 feet southeast of Livingston Drive. South Colony Blvd. From a point 300 feet east of its intersection with Blair Oaks Drive to a point 20 feet west of its intersection with Alta Oaks Lane. Squires Drive From a point 280 feet east of its intersection with Taylor Drive, to a point 280 feet west of its intersection with Taylor Drive. Stonefield From the intersection with Lebanon Road to the intersection with Richmond. Taylor Drive From its intersection with Squires Drive, to a point 280 feet south of Squires Drive. SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by repealing in its entirety Chapter 19, Section 19-11(d). SECTION 4. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by relettering Chapter 19, Section 19-11(e) as Section 19-11(d), which shall read as follows: 68 Page 3 “(d) The maximum lawful prima facie speed limit in said school traffic zones shall be 20 miles per hour during the months of June, July, and August during hours such schools are open for special session, and when signs are erected as provided in subsection 19-11(a)(1) or (2). It shall be unlawful for any person to drive any vehicle at a speed greater than such posted speed limit.” SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 8. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE day of , 2024. Richard Boyer, Mayor ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 69 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: 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). Suggested Action: Attachments: 70 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: July 16, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: 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). Suggested Action: Attachments: 71