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HomeMy WebLinkAbout2025 0415ADJOURNMENT REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 04/15/2025 Page - 3 Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to contact the City Secretary's Office, at 972-624-3105 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. CERTIFICATION I hereby certify that above notice of meeting was posted outside the.front door of City Hall by 5:00 p.m. on the 11th day of April, 2025. Tina Stewart, TRMC, CMC, City Secretary Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Megan Charters Submitting Department: Library Item Type: Presentation Agenda Section: Subject: Receive presentation from Girl Scout Troop 2468 regarding planning and fundraising efforts for permanent Library StoryWalk at Ridgepointe Park. (Charters) Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 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: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the 2025 City Council Retreat. (Miller) Suggested Action: Attachments: 7 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Tina Stewart 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: April 15, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from April 1, 2025. (Stewart) Suggested Action: Attachments: April 1, 2025 DRAFT Minutes.docx 9 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 APRIL 1, 2025 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 1st day of April, 2025, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Councilmember Joel Marks, Deputy Mayor Pro Tem Present Present Present Present Absent (Personal) Present Present And with 6 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 6:31 p.m. 1.2 Invocation Elder Terry Maley with First 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 CASA of Denton County to receive Child Abuse Awareness Month Proclamation. Mayor proclaimed the month of April as Child Abuse Awareness Month. On behalf of CASA, Carrell Ann Simmons accepted the proclamation. 1.6 Items of Community Interest 1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Chloe Hancock, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None 10 City Council – Regular Meeting Agenda April 1, 2025 Page| 2 3.0 WORK SESSION 3.1 Receive a presentation, discuss and provide direction to staff regarding the installation of a monopole cell tower, infrastructure and equipment at the Tribute Pump Station and the Stewart Creek Recreation Center. Director of Engineering, Ron Hartline, presented the item to Council. Councilman Schrag arrived at 6:41 p.m. City Council provided discussion on the item. Staff is to move forward with obtaining design plans from 4M Towers and begin contract negotiations for the lease agreements necessary for proposed sites. 3.2 Discussion on public transportation in The Colony. Deputy City Manager, Joe Perez, presented the item to Council. Councilwoman Ensweiler provided concerns and possible solutions on this item. Council provided discussion on the item. Staff will explore other options and provide update during Council retreat. 3.3 Receive an update and discuss short-term rentals. City Attorney, Jeff Moore, provided an update to Council. Council provided discussion on the item. Staff to bring back at a later time. 3.4 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 Items 4.2 and 4.4 for separate consideration- Marks; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from March 18, 2025. 11 City Council – Regular Meeting Agenda April 1, 2025 Page| 3 4.2 Consider approving a resolution budget adjustment in the amount of $89,137.83 for revenue earned from the Lake Highlands land sale for maintenance yard upgrades currently funded through Parks Fund. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes with the exception of Councilwoman Holtz abstaining on the vote. RESOLUTION NO. 2025-037 4.3 Consider approving a resolution authorizing the City Manager to issue a purchase order to Century Industries in the amount of $303,677 for a special events mobile stage. RESOLUTION NO. 2025-038 4.4 Consider approving a resolution authorizing the City Manager to execute a three (3) year agreement with Software One, Inc. in the amount of $149,991.91 per year for a total of $449,975.73 for the renewal of Microsoft enterprise licensing. Motion to approve- Wade; second by Holtz, motion carried with all ayes with the exception of Councilwoman Ensweiler abstaining on the vote. RESOLUTION NO. 2025-039 4.5 Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $130,000.00 with Freese and Nichols, Inc. to prepare an update to the City Wastewater Master Plan. RESOLUTION NO. 2025-040 4.6 Consider approving a resolution authorizing the City Manager to issue a purchase order to Federal Signal in the amount of $117,045.20 for three (3) replacement outdoor warning sirens. RESOLUTION NO. 2025-041 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss, and consider an ordinance adopting the Standards of Care Policy for Day Camp Programs. 12 City Council – Regular Meeting Agenda April 1, 2025 Page| 4 Recreation Coordinator, Andrea DuArte, provided an overview of this item. The public hearing opened and closed at 7:30 p.m. with no speakers. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. ORDINANCE NO. 2025-2597 5.2 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A, Section 10 of the Code of Ordinances of the City of The Colony, Texas, by amending Section 10-100, entitled "schedule of uses by district," by amending the use chart by amending "smoking lounge", and "smoking room" uses; and amending Appendix A, Section 10-300, entitled "definitions and explanations applicable to use schedule" by adding and amending definitions for, "smoking lounge", and "smoking room" uses. Director of Planning, Isaac Williams, presented the proposed ordinance to Council. The public hearing opened and closed at 7:37 p.m. with no speakers. Council provided discussion on the item. Motion to approve- Wade; second by Holtz, motion carried with all ayes with the stipulation to add a smoking distant requirement of more than 500 feet from a daycare or school, and with the exception of Councilmember Schrag absent from the vote. ORDINANCE NO. 2025-2598 5.3 Conduct a public hearing, discuss and consider an ordinance for a Specific Use Permit Amendment (SUPA) to SUP Ordinance No. 2014-2084 to allow for the existing Limited Service Hotel "Holiday Inn" to provide a detached covered drive- through area where an attached covered drive-through area is required. The subject site is located at 4301 Paige Road within the Business Park (BP) and Gateway Overlay District. Director of Planning, Isaac Williams, presented the proposed ordinance to Council. 13 City Council – Regular Meeting Agenda April 1, 2025 Page| 5 Councilman Schrag returned at 7:52 p.m. The public hearing opened and closed at 7:54 p.m. with no speakers. Council provided discussion on the item. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. ORDINANCE NO. 2025-2599 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $972,626.77 with Texas Materials Group, Inc. for the Newton Street & Nash Drive Asphalt Overlay Project. Director of Engineering, Ron Hartline, presented the proposed resolution to Council. Council provided discussion on the item. Motion to approve- Marks; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2025-042 5.5 Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $694,500.00 with Freese and Nichols, Inc. for the Tribute Ground Water Well Project. Director of Engineering, Ron Hartline, presented the proposed resolution to Council. Council provided discussion on the item. Motion to approve- Schrag; second by Marks, motion carried with all ayes. RESOLUTION NO. 2025-043 5.6 Discuss and consider approving an ordinance amending the fiscal year 2024-2025 budget by transferring $150,000.00 from the city's general fund to the property damage expense line item. Assistant City Manager, Tim Miller, presented the proposed ordinance to Council. 14 City Council – Regular Meeting Agenda April 1, 2025 Page| 6 Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. ORDINANCE NO. 2025-2600 Executive Session was convened at 8:23 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 551.087 of the Texas Government Code to deliberate commercial or financial information the Council has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect -Nebraska Furniture Mart and related entities including 121 Acquisition Company, LLC; TxFM, Inc.; and LMG Ventures, LLC. Regular Session was reconvened at 9:18 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 B. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect - Nebraska Furniture Mart and related entities including 121 Acquisition Company, LLC; TxFM, Inc.; and LMG Ventures, LLC. No action ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 9:18 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas 15 City Council – Regular Meeting Agenda April 1, 2025 Page| 7 ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 16 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Jackie Kopsa Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a fourth amendment to the Ground Lease with Wynnwood Army, LLC for the inclusion of additional real property to the leaseholder area. (Kopsa) Suggested Action: Attachments: Council_Memo_- Tribute Fourth Amendment to Ground Lease.docx Fourth Amendment to Ground Lease Agreement - Wynnwood Army LLC - 13Mar25 - v2.pdf Res. 2025-xxx Fourth Amendment to Ground Lease Agreement - Wynnwood Army LLC.docx 17 City of The Colony Memo To:Mayor and Council From:Jackie Kopsa, Parks & Recreation CC:Brant Shallenburger, Deputy City Manager Troy Powell, City Manager Date:April 7, 2025 Re:Amendment to Tribute Lease Purpose To approve a resolution authorizing the City Manager to execute a fourth amendment to the Ground Lease with Wynnwood Army, LLC for the inclusion of additional real property to the leaseholder area. Background Matthews Southwest has maintained a license with the US Army Corps of Engineers since the construction of the Tribute Golf Course for the purpose of operating a waterline, electric line and offshore pump station to provide water for golf course operations. Under the terms of this license, renewal is required every five years. As the current license is due to expire, the Corps approached Matthews Southwest with the suggestion that for the efficiency of all parties, it would be preferred that in lieu of going through the license process every five years, that the area included within the license agreement be added to the lease area included in the approved sub-lease. In order to accomplish this request Matthews Southwest completed a survey to create the exhibit attached in the amendment for the purpose of identifying the area to be added to their sub-lease. The Corps requires that City Council approve this amendment prior to submission to their real estate team. Recommendation We are asking that the Council approve this amendment to the Ground Lease to include the additional real property to allow for the Tribute Golf Couse to continue pumping water for course operations. The Corps has indicated that they are in favor of this and is awaiting a formal resolution of approval from the City of The Colony. Thank you for your consideration of this request. 18 CITY OF THE COLONY § FOURTH AMENDMENT TO COUNTY OF DENTON, TEXAS § GROUND LEASE AGREEMENT THIS FOURTH AMENDMENT TO GROUND LEASE AGREEMENT, (this “Fourth Amendment”) is made and entered into this ___ day of ____, 2025 by and between the City of The Colony, Texas, a Texas municipal corporation, hereinafter referred to as “Lessor” or “City” and Wynnwood Army, LLC, a Texas limited liability company, hereinafter referred to as “Lessee” (Lessor and Lessee collectively referred to as “Parties”). RECITALS: WHEREAS, on or about July 21, 1997, the City entered into that certain Ground Lease Agreement (the “Original Ground Lease”) with Wynnwood Peninsula, LP; and WHEREAS, on or about July 20, 1998, the Ground Lease was amended by that certain First Amendment to Ground Lease Agreement (the “First Amendment”) to substitute Wynnwood Army, LLC for Wynnwood Peninsula, LP.; and WHEREAS, on or about April 21, 2008, the Ground Lease was amended by that certain Second Amendment to the Ground Lease Agreement (the “Second Amendment”) to revise the definition and exhibit of the Leased Premises and to revise the definition of Facilities; and WHEREAS, on or about March 20, 2024, the Ground Lease was amended by that certain Third Amendment to the Ground Lease Agreement (the “Third Amendment”; the Original Ground Lease, as amended by the First Amendment, the Second Amendment and the Third Amendment referred to herein as the “Ground Lease”) to revise the Percentage Rent for boat, watercraft and motor sales and to add the water surface of approximately 81.745 acres of submerged land; and WHEREAS, the Parties desire to further amend the Ground Lease to add real property consisting of approximately 0.321 acres located below the 522 foot elevation to allow for water intake from Lake Lewisville. NOW, THEREFORE, in consideration of the payment of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. AGREEMENT: 1. Defined Terms. Capitalized terms used but not defined herein shall have the meaning assigned to them in the Ground Lease. 2. Leased Premises. Article 1, Section 1.01 J regarding the definition of “Leased Premises” is amended to read as follows: “J. Leased Premises: the term “Leased Premises” shall mean the real property depicted in Exhibit “A”, consisting of approximately 616 acres, more or less, located above 522 foot elevation (above mean sea level) depicted in Exhibit “A(1)” attached hereto, and the water surface of approximately 81.745 acres of submerged land located below the 522 foot elevation (above mean sea level) depicted in Exhibit “A(2)” attached hereto, and the real property consisting of approximately 0.321 acres, more or less, located below the 522 foot elevation (above mean sea level) depicted in Exhibit “A(3)” attached hereto, in the Wynnewood Peninsula Parcel, Lewisville Lake Project, Denton County, Texas. 19 3. Exhibit A. Exhibit “A” to the Ground Lease is hereby amended by providing a new Exhibit “A(3)” to reflect the addition of the real property consisting of approximately 0.321 acres, more or less, located below 522 foot elevation (above mean sea level) to the Leased Premises. 4. Ratification. In all other aspects, the Ground Lease is ratified, confirmed and adopted as the agreement of the Parties. In the event of any inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Ground Lease, the terms and provisions of this Fourth Amendment shall control. 5. Approvals. This Fourth Amendment shall not become effective until the Army Corp of Engineers approves the terms and conditions of this Fourth Amendment to the Ground Lease. IN WITNESS WHEREOF, the Parties have caused this Fourth Amendment to be executed in multiple counterparts, each of which shall have the full force and effect of any original, by their respective duly authorized representatives on the day and year first set forth above. [Signature Page to Follow] 20 LESSOR: THE CITY OF THE COLONY, TEXAS By: ______________________________ Troy Powell, City Manager LESSEE: WYNNWOOD ARMY, LLC a Texas limited liability company By: Wynnwood Army Management, Inc. a Texas corporation its sole manager By:___________________________ Kristian Teleki, Senior Vice President 21 Exhibit “A(3)” 22 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 – ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A FOURTH AMENDMENT TO GROUND LEASE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY, TEXAS, AND WYNNWOOD ARMY, LLC, A TEXAS LIMITED LIABILITY COMPANY;AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, finds and determines it is in the best interest of the City to approve and authorize the City Manager to execute the Fourth Amendment to Ground Lease Agreement by and between the City of The Colony, Texas, and Wynnwood Army, LLC, a Texas limited liability company, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2.The City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute the Fourth Amendment to Ground Lease Agreement by and between the City of The Colony, Texas, and Wynnwood Army, LLC, a Texas limited liability company, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 15TH DAY OF APRIL, 2025. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary 23 APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 24 Exhibit A 25 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Chloe Hancock Submitting Department: Parks & Recreation Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance budget amendment to supplement the approved FY 24-25 Special Events Fund in the amount of $22,000 for the 2025 American Heroes special event. (Kopsa) Suggested Action: Attachments: Council Memo American Heroes Budget Supplement(1).docx Budget Transfer-Amendment American Heroes.xls AH Budget 2025 - Council Presentation-1.pdf Ord. 2025-XXXX American Heroes Special Event Budget Amendment.docx 26 City of The Colony Memo To:Mayor and Council From:Jackie Kopsa, Parks & Recreation CC:Brant Shallenburger, Deputy City Manager Troy Powell, City Manager Date:April 8, 2025 Re:Amendment to American Heroes Special Event Budget Purpose To approve a budget amendment authorizing the budget supplement request for Special Events Balance to 723-677-6253 for November 8th, 2025 American Heroes Special Event with refreshed entertainment, roaming performers, upgraded production, and increased event promotion. Background In preparation for the 2025 American Heroes event, city leadership initiated a process to reimagine the event’s theming in a way that would continue to honor our community’s heroes while providing a refreshed and engaging experience for attendees. In response, the events team worked collaboratively with a committee that included both staff and elected officials to explore creative concepts and potential entertainment options. Throughout this process, the committee met with various performers and production professionals to evaluate ideas that would align with the elevated vision for the event. As the planning progressed, it became clear that achieving the desired impact will require a modest increase to the event’s budget. Based on initial proposals and preliminary conversations with vendors, the estimated increase in costs is approximately $22,000. This estimate reflects the higher end of anticipated expenses and includes potential performance fees, production needs, and other logistical considerations. Final costs will be determined once contracts are finalized, and any unused funds from this proposed increase will not be expended. Attached is a preliminary budget outlining the anticipated expenses for the 2025 American Heroes event. We remain committed to ensuring the event maintains fiscal responsibility while continuing to deliver a meaningful and memorable experience for our community. 27 2 Recommendation We are asking that the Council approve this budget amendment to the American Heroes Festival to allow the event’s team to create this reimagined vision for this event. Thank you for your consideration of this request. American Heroes Original Budget $245,000 Requested Increase $22,000 New Budget $267,000 Special Events Fund Original Fund Balance $123,631 Reduction for Supplement -$22,000 New Fund Balance $101,631 28 Budget/Project Amendment Form 4/8/2025 (Transfers within a cost center) *not to exceed total approved expense EXAMPLE:INCREASE DECREASE FUND ACCOUNT #LINE ITEM DESCRIPTION AMOUNT AMOUNT 100 611-6320 Postage 100.00 100 611-6126 Travel Expense (100.00) INCREASE DECREASE FUND ACCOUNT # PROJECT # (IF APPLIES)LINE ITEM DESCRIPTION AMOUNT AMOUNT 723 677-6253 22,000.00 TOTALS 22,000.00 - EXPLANATION FOR ACTION: ROUTING Name Date Finance Dept Use REQUESTED BY:Funding verified by DIVISION HEAD: FINANCE: CITY MANAGER: COUNCIL APPROVAL DATE: Budget Supplement request for Special Events Balance to 723-677-6253 for November 8th, 2025 American Heroes Special Event with refreshed entertainment, roaming performers, upgraded production, and increased event promotion. TYPE OF AMENDMENT Additional Appropriations City Council approval required American Heroes Special Event ( Transfers between funds) City Council approval required ( Transfers between cost centers within a fund ) City Manager approval required **This Category Also Used For Project Transfers over $10,000 Troy Powell Jackie Kopsa Lindsey Stansell Signature Supplement Interfund Transfers Intrafund Transfers Cost Center Transfers 29 Form DS FY 2025 Expense American Heroes 2025 723-677-6253Special Events Item #Vendor / Product Description Budget 1 Flylight Drone Drone show - 400 Drones $40,000.00 2 Heroes Hut Free kids activities and crafts, dog tags, letters to soldiers, etc.$1,000.00 3 VIP Area VIP Catering $7,000.00 VIP Drinks $2,000.00 4 LED Truck Truck showing slideshow of images honoring veterans in our community $3,000.00 5 Musical Entertainment $55,000.00 Velvet Elvis 90 minute performance 80s Night 90 minute performance Tony Marques Band 90 minute performance Flights for all band members Rental car for Tony Marques band 6 Turnip Blood Productions $69,000.00 Show Production Sound systems & engineer Generators Stage Lights for stage Backline - drums, guitars, etc for all three bands TB Fees & Insurance Meal buyouts for all bands 7 Hospitality for bands Hotels, riders $6,000.00 8 Roaming Performers Closeup magic, showgirls, contortionists, stilt walkers $10,000.00 9 MetroGolfCarts Golf Carts for transporting people from parking lots to the event $1,500.00 10 Advertising $35,000.00 Social media advertising Google advertising Radio advertising Local publication advertisements Influencer Marketing Professional designers for branding Print marketing and advertising 11 Viking Fencing & restrooms $6,000.00 12 Liveguage Attendance tracker $4,000.00 13 Bright Tents, tables, lights for business vendors, silent auction, bands, etc $12,000.00 14 ACT Cleaning services for during and after the event $3,500.00 15 Event Signage Banners, signage for stage $3,500.00 16 MSP Car Shows Car Show Management fee $1,000.00 17 Sound Company Emcee to run show and event from stage $1,500.00 18 Various Misc Supplies & Materials $4,500.00 Ply wood, staff meals, bungee cords, tarps 19 AVTT Americas Freedom Tribute Memorial Wall $1,500.00 $267,000.00 30 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2025 - _________ AMENDING THE FISCAL YEAR 2024-2025 BUDGET AN ORDINANCE AMENDING ORDINANCE 2024-2577, ADOPTING THE FISCAL YEAR 2024-2025 BUDGET OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET FORTHE GENERAL FUND OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2024-2025, heretofore previously adopted by Ordinance No. 2024-2577 on the 17th day of September, 2024; and WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing body of a municipality to make changes in the budget for municipal purposes; and WHEREAS, the City of The Colony finds it in the best interest of the City to supplement the approved FY24-25 Special Events Fund in the amount of $22,000.00 for the 2025 American Heroes special event; and WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. 31 2 SECTION 2. AMENDMENT AND ADOPTION That the General Fund budget for the fiscal year ending September 30, 2024 heretofore previously adopted by Ordinance 2024-2577 duly enacted by the City Council of the City of The Colony on the 17th day of September, 2024, be and is hereby amended as set forth herein, which amendment is hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby filed with the City Secretary of the City of The Colony. SECTION 3. BUDGET INCREASES That the 2024-25 Special Events Fund budget revenue is to be supplemented by an amount not to exceed $22,000.00. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council of The City of The Colony 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 should 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, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. 32 3 SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 15TH DAY OF APRIL 2025. __________________________________ Richard Boyer, City Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 33 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Chris Cuellar Submitting Department: Information Technology Item Type: Discussion Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a contract with DAC, Inc. in the amount of $339,751.14 with recurring maintenance costs of $9,817.60 per year for the installation of a new access control system. (Cuellar) Suggested Action: Attachments: Access Control Background Info.pdf Access Control Quote.pdf Res. 2025-xxx Contract - DAC Inc.doc 34 AGENDA ITEM Information Technology TO: Mayor, City Council, and City Manager DATE SUBMITTED: April 8, 2025 MEETING DATE: 04/15/2025 SUMMARY OF REQUEST: Consider approval of a replacement access control system Background: • The City of The Colony purchased an access control system in 2001 to manage and secure access to various City buildings, doors and gates. • The City currently uses 4 different access control systems which are each managed by different departments. o Honeywell Winpak is used to manage 71 doors at multiple facilities o Software House is used to manage 18 doors at the PD o Linear is used to manage 3 gates at Public Works and FS2 o Acre is used to manage 5 doors at SCE • In total, the City currently has 10 buildings, 89 doors and 4 vehicle gates on an access control system. • In May of 2022, the City’s main access control support provider, Abe Corp., went out of business. • Since May of 2022 we have had several door related issues, some of which were severe enough to cause great concern that it was time to research a potential replacement. • Jan. 2024 – An access control committee was formed consisting of 12 staff from 6 departments. A replacement system was identified and quotes obtained. • Mar. 2024 – A proof of concept system was installed at SCE for the testing of the main entrance door. • Apr. 2024 – A CIP request was submitted for consideration. • Oct. 2024 – The CIP request was approved and budgeted funds are available for a replacement access control system. • Nov. 2024 – 4 doors were added to the proof of concept install to coincide with the opening of the new Community Center. • Apr. 2024 – Concluded proof of concept testing and requesting Council approval to proceed with replacement. 35 BUYBOARD CONTRACT # 751-24 Qty-Hours Tracking MSRP Price Multiplier Choice Partners Price Extension 1.00 PART #1,222.00$ 20%977.60$ 977.60$ 100.00 PART #92.00$ 20%73.60$ 7,360.00$ 1.00 PART #50.00$ 20%40.00$ 40.00$ 2.00 PART #1,890.00$ 50%945.00$ 1,890.00$ 2.00 PART #1,365.00$ 50%682.50$ 1,365.00$ 100.00 PART #18.00$ 20%14.40$ 1,440.00$ 1000.00 PART #6.75$ 30%4.73$ 4,725.00$ 1.00 PART #4,500.00$ 10%4,050.00$ 4,050.00$ -$ -$ 1.00 PART #2,183.00$ 20%1,746.40$ 1,746.40$ 4.00 PART #1,160.00$ 20%928.00$ 3,712.00$ 1.00 PART #2,651.00$ 20%2,120.80$ 2,120.80$ 1.00 PART #328.00$ 20%262.40$ 262.40$ 9.00 PART #422.00$ 20%337.60$ 3,038.40$ -$ -$ 1.00 PART #1,613.00$ 20%1,290.40$ 1,290.40$ 1.00 PART #154.00$ 20%123.20$ 123.20$ 1.00 REPAIR -$ 20%-$ -$ 1.00 PART #422.00$ 20%337.60$ 337.60$ -$ -$ 1.00 PART #1,613.00$ 20%1,290.40$ 1,290.40$ 1.00 PART #972.00$ 20%777.60$ 777.60$ 1.00 PART #328.00$ 20%262.40$ 262.40$ 2.00 PART #422.00$ 20%337.60$ 675.20$ 2.00 PART #1,300.00$ 0%1,300.00$ 2,600.00$ DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm DITEK DTK-MRJPOEX PoE Surge Protector for Outdoor Applications DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Fire Station 1 - 2 CR T1MK1F4 - 2 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) NSC200 - IP-Sub-Controller (MR62E) enclosure. ELECTRIC LOCKS INSTALLED Description- Location TR-DNAE - Essential per student @ ACRE Facility TR-DNAA Advanced training per student FN-RMC-97+V3 - Single primary reader license 97+. (Annual license PER READER) Wavelynx 50H4 LEAF.h4 (4 Kbyte) ISO Card Credentials Smartcards Printable HEAD-END - Customer provided server or virtual FN-V3PLUS - Standard Feenics/aAC PLUS Cloud instance (Annual license). Includes 2 primary reader licenses, bundled with premium features: badge design and print, custom forms, mobile credential integration, email & 1,000 SMS notifications per month, 1 year of transaction history ZEBRA ZC350 DUAL-SIDED ID CARD PRINTER WITH ETHERNET, WIFI, Cleaning Kit, RIBBONS FN-MOBILE-WLT-C - acre Wallet Mobile Credential - Corporate (25 MOQ) (Annual) FN-ZENITEL - Zenitel Intercom Device License (per device) Includes RMC Reader License in addition (Annual) Old CityHall Library 9 CR Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module T3MK75F16 - 16 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. City Hall Annex 1 CR NSC200 - IP-Sub-Controller (MR62E) enclosure. Door needs repair. QUOTE 36 -$ 1.00 PART #2,425.00$ 20%1,940.00$ 1,940.00$ 3.00 PART #1,289.00$ 20%1,031.20$ 3,093.60$ 1.00 PART #1,450.00$ 20%1,160.00$ 1,160.00$ 1.00 PART #328.00$ 20%262.40$ 262.40$ 5.00 PART #422.00$ 20%337.60$ 1,688.00$ 3.00 PART #10,112.50$ 20%8,090.00$ 24,270.00$ 2.00 PART #3,285.00$ 25%2,463.75$ 4,927.50$ 1.00 PART #254.00$ 20%203.20$ 203.20$ 2.00 PART #1,300.00$ 0%1,300.00$ 2,600.00$ 1.00 PART #795.00$ 5%755.25$ 755.25$ -$ 1.00 PART #2,425.00$ 20%1,940.00$ 1,940.00$ 1.00 PART #1,289.00$ 20%1,031.20$ 1,031.20$ 1.00 PART #972.00$ 20%777.60$ 777.60$ 1.00 PART #328.00$ 20%262.40$ 262.40$ 3.00 PART #422.00$ 20%337.60$ 1,012.80$ 1.00 PART #795.00$ 5%755.25$ 755.25$ 3.00 PART #1,300.00$ 0%1,300.00$ 3,900.00$ -$ -$ 1.00 PART #2,425.00$ 20%1,940.00$ 1,940.00$ 5.00 PART #1,289.00$ 20%1,031.20$ 5,156.00$ 1.00 PART #972.00$ 20%777.60$ 777.60$ 1.00 PART #1,450.00$ 20%1,160.00$ 1,160.00$ 2.00 PART #328.00$ 20%262.40$ 524.80$ 11.00 PART #422.00$ 20%337.60$ 3,713.60$ 3.00 PART #1,300.00$ 0%1,300.00$ 3,900.00$ 0.25 PART #795.00$ 5%755.25$ 188.81$ -$ -$ 1.00 PART #442.00$ 20%353.60$ 353.60$ DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) ELECTRIC LOCKS INSTALLED - Cypher locks removed - Rim Strike Lot Cable Lot Cable FN FPI - Firmware Flash Fire Station 5 - 7 CR Mercury PW-7000 T2MK3F8 - 8 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. ELECTRIC LOCKS INSTALLED - Cypher locks removed - Cont. Hinges, Rim Strike - Trim Lot Cable Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module T1MK1F4 - 4 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. Tolltag Reader Pedestal Pro 48-9C 48" Gooseneck Pedestal, Black Powder Coated, 12" Neck Reach Fire Station 2 - 2 CR Doors, 3 CR Gates, 3 Tolltag Readers Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module T2MK3F8 - 8 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module ELECTRIC LOCKS INSTALLED - Cypher locks removed - Cont. Hinges, Rim Strike - Trim DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm Fire Station 4 - 11 CR Aiphone IX-DVF SIP Compatible Flush Mounted IP Video Door Station for Gates AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) T1MK1F4 - 3 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. Fire Station 3 - 3 CR 37 7.00 PART #422.00$ 20%337.60$ 2,363.20$ 2.00 PART #1,300.00$ 0%1,300.00$ 2,600.00$ 1.00 PART #5,885.00$ 20%4,708.00$ 4,708.00$ 1.00 PART #328.00$ 20%262.40$ 262.40$ 0.50 PART #795.00$ 5%755.25$ 377.63$ -$ -$ 1.00 PART #2,425.00$ 20%1,940.00$ 1,940.00$ 4.00 PART #1,289.00$ 20%1,031.20$ 4,124.80$ 1.00 PART #2,651.00$ 20%2,120.80$ 2,120.80$ 2.00 PART #328.00$ 20%262.40$ 524.80$ 8.00 PART #422.00$ 20%337.60$ 2,700.80$ 2.00 PART #594.00$ 20%475.20$ 950.40$ -$ 1.00 PART #1,613.00$ 20%1,290.40$ 1,290.40$ 1.00 PART #154.00$ 20%123.20$ 123.20$ 1.00 PART #422.00$ 20%337.60$ 337.60$ -$ -$ 1.00 PART #2,425.00$ 20%1,940.00$ 1,940.00$ 5.00 PART #1,289.00$ 20%1,031.20$ 5,156.00$ 1.00 PART #972.00$ 20%777.60$ 777.60$ 1.00 PART #1,450.00$ 20%1,160.00$ 1,160.00$ 2.00 PART #328.00$ 20%262.40$ 524.80$ 1.00 PART #3,873.00$ 20%3,098.40$ 3,098.40$ ADJUSTMENT 20%-$ -$ 1.00 PART #10,112.50$ 20%8,090.00$ 8,090.00$ 9.00 PART #422.00$ 20%337.60$ 3,038.40$ 6.00 PART #1,300.00$ 0 1,300.00$ 7,800.00$ 1.00 PART #3,285.00$ 20%2,628.00$ 2,628.00$ 2.00 PART #795.00$ 0%795.00$ 1,590.00$ -$ -$ 1.00 PART #1,613.00$ 20%1,290.40$ 1,290.40$ 1.00 PART #154.00$ 20%123.20$ 123.20$ 1.00 PART #10,112.50$ 20%8,090.00$ 8,090.00$ 1.00 PART #422.00$ 20%337.60$ 337.60$ DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm Lot Cable AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Tolltag Reader Electric Locks Public Works - 9 CR + 1 Gate TollTag Reader + 1 Ped Gate Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module T1MK1F4 - 4 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. DITEK DTK-MRJPOEX PoE Surge Protector for Outdoor Applications NSC200 - IP-Sub-Controller (MR62E) enclosure. Tolltag Reader Gate Card Reader @Pedestal AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Wastewater 1 Gate CR and TollTag Exit Gate - No control or monitoring? Old Community Center Parks and Rec - 1 CR DITEK DTK-MRJPOEX PoE Surge Protector for Outdoor Applications Aiphone IX-DVF SIP Compatible Flush Mounted IP Video Door Station for Gates Card Reader AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) ELECTRIC LOCKS INSTALLED - Yale electric Trim removed - New Trim - Electric Locks Lot Cable SFK-CD00R-1911-2X WIEGAND - Wireless Bridge kit 2 DOORS T2MK3F8 - 8 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. Card Readers AT25-7WS-W - Keypad Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Card Readers AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) NSC200 - IP-Sub-Controller (MR62E) enclosure. AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) SFK-SOLAR-50W - Sure-Fi Solar Kit 50W - Sure-Fi SFK-DS004- WIEGAND Bridge, NEMA Enclosure, Wander 10A PWM Solar Charge Government Center - 10 CR Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module T3MK75F16 - 16 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. 38 1.00 PART #3,285.00$ 20%2,628.00$ 2,628.00$ -$ 1.00 PART #2,425.00$ 20%1,940.00$ 1,940.00$ 20.00 PART #1,289.00$ 20%1,031.20$ 20,624.00$ 2.00 PART #2,651.00$ 20%2,120.80$ 4,241.60$ 2.00 PART #328.00$ 20%262.40$ 524.80$ 30.00 PART #422.00$ 20%337.60$ 10,128.00$ 9.00 PART #594.00$ 20%475.20$ 4,276.80$ ADJUSTMENT -$ 2.00 PART #3,285.00$ 25%2,463.75$ 4,927.50$ 2.00 PART #10,112.50$ 20%8,090.00$ 16,180.00$ 2.00 PART #1,300.00$ 0%1,300.00$ 2,600.00$ 2.00 PART #795.00$ 0%795.00$ 1,590.00$ -$ 1.00 PART #328.00$ 20%262.40$ 262.40$ 1.00 PART #422.00$ 20%337.60$ 337.60$ 1.00 PART #800.00$ 0%800.00$ 800.00$ 1.00 ADJUSTMENT 3,800.00$ 0%3,800.00$ 3,800.00$ 1.00 LABOR 86,444.00$ 86,444.00$ -$ MATERIAL SUBTOTAL 253,307.14$ LABOR 86,444.00$ TOTAL 339,751.14$ Main IT Door Add DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm Card Readers AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Electric Locks Strike DITEK DTK-DF120S1 Series Connected Surge Protector with Dry Contacts and Audible Alarm Existing Vehicle Gate has Opticom and Zenitel Intercom T3MK75F16 - 16 Door Power Supply and Enclosure for above devices. Provides protected power for locks and devices. Aiphone IX-DVF SIP Compatible Flush Mounted IP Video Door Station for Gates Mercury MP1502 Intelligent Controller (2 Door, 4 Readers) Mercury MR52-S3B 2-Door Interface Module Police Department - 39 CR + 2 Ped Gates + 1 Vehicle Gate TollTag, SallyPort TollTag Tolltag Reader Gate and Sallyport Aiphone IX-DVF SIP Compatible Flush Mounted IP Video Door Station for Gate and Sallyport Lot Cable INSTALL HARDWARE, CABLE, PROGRAMMING, TESTING LIFT, PERMITS, PLANS INSPECTIONS Card Readers AT20-7WS-W - Single Gang Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Card Readers AT25-7WS-W - Keypad Reader with HF + Prox + Mobile, Acre Keyset with Wallet (CSN's and Bluetooth Disabled) Electric Locks 39 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 –________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND DAC, INC. FOR THE INSTALLATION OF A NEW ACCESS CONTROL SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Consultant have entered into a contract for the installation of a new access control system; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the contract with DAC, INC.; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $339,751.14 with recurring maintenance costs of $9,817.60 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 15TH DAY OF APRIL, 2025. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 40 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 41 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute an Emergency Construction Services Contract in the amount of $655,203.00 with Ark Contracting Services, LLC for the Tribute Channel Erosion project at Lake Lewisville. (Hartline) Suggested Action: Background: The City Council approved funding for this project in the 2023/2024 CIP budget. The project was initially brought to the city’s attention by the Tribute HOA, which had observed excessive erosion in a city drainage easement, with the headwall showing signs of structural failure. In response, the developer and/or HOA placed large rip rap to stabilize the area until city funding could be obtained for a permanent solution. In addition to our project, the HOA had been negotiating with the developer to construct large rip rap gabion walls along the shoreline of Lake Lewisville to address the erosion being caused by wave action from Lake Lewisville. The high annual erosion rates were documented in an HOA study and large sections of the banks behind homes in the Waterford Point Subdivision were at risk of erosion that could eventually cause private property damage. Large land areas had already been eroded by wave action on the HOA owned property adjacent to the private properties. The HOA requested that the city consider connecting our drainage improvements project to their their wall construction project to provide a complete connected barrier system that would leave no remaining openings between the projects. This integration would provide a fully closed system that would enhance protection for city drainage infrastructure, HOA property and residents' properties. A Location Map and site photos of the impacted areas are attached. Halff Associates completed the design of the project, which was subsequently submitted to the city for approval and then forwarded to the U.S. Army Corps of Engineers (USACE) for further approval. This approval process took almost a year, but it has now been finalized, allowing the city to proceed with the project. Additionally, the HOA received approval for their wall system from USACE and hired Ark Contracting Services, LLC, to perform their portion of the work. Given that soil continues to be lost beneath the city’s headwall and along the shoreline, which could potentially impact residential properties, the city requested that Ark Contracting Services also submit a bid for the city's portion of the erosion control project. By engaging Ark Contracting Services, the city project can be expedited so that no residential properties are impacted. Furthermore, the site’s difficult access and the need to connect the HOA’s wall system to the city’s project could make it challenging to find alternative contractors willing to work in these difficult and constrained conditions and in coordination with another contractor. Ark Contracting Services submitted a bid of $655,203.00, which is very close to the estimated Opinion of Probable Cost (OPCC) provided by the design engineer. This amount aligns closely with the city’s $650,000 OPCC. The bid reflects the complex nature of the work, including the difficult terrain and limited access areas, as well as the extra care required for earthwork along the lake boundary. All work must be performed above the 522 elevation level of the lake. Given that Ark Contracting Services is already engaged to complete the HOA’s work and will need to tie their efforts to the city’s project, and the HOA is providing the only possible entry area 42 to access our work, staff recommends approval of this emergency project. With approval, construction is expected to begin in May 2025 and conclude by September 2025. This project involves a clear effort to address both immediate emergency erosion concerns and long-term property protection and reflects an efficient use of resources by leveraging the existing contractor and coordinating efforts between the city and the HOA. Attachments: Location Map Existing Site Photos Tribute Channel Improvements.jpg.png Financial_Summary._Tribute_Channel_Erosion._April_15_2025.pdf Res. 2025-xxx Emergency Construction Services Contract - Ark Contracting Services LLC.doc 43 IveyW a v e r ly C a s tle b rid g e WindsorMilton AshfordNewtown C r o m w e l l Cumberland HaddingtonWaterford WatersidePromenade Bellevue Isle of SkyeFairway D o r s e tMarlow A m e s b u ry µLocation MapTribute Shoreline Erosion Control Project South Outfall Drainag e So il Ero sion Problem Are a North Outfall Drainage Soil Erosoin Problem Area 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $ 656,400.00 Fund(s) (Name and number): 100-669-6667-2384 Source of Funds: 2024-2025 Capital Improvement Projects Budget Cost of recommended construction services contract award: $655,203.00 Total estimated project cost: $ 655,203.00 Construction Cost Already authorized Yes  No 64 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 –________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND ARK CONTRACTING SERVICES, LLC FOR THE TRIBUTE CHANNEL EROSION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Consultant have entered into an Emergency Construction Services Contract for The Tribute Channel Erosion Project; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the contract with ARK CONTRACTING SERVICES, LLC; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $655,203.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The Emergency Construction Services Contract, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 15TH DAY OF APRIL, 2025. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 65 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 66 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution casting the city's vote for a nominee to serve as a member of the Board of Managers for the Denco Area 9-1-1 District. (Council) Suggested Action: On April 16, 2024 City Council nominated Jim Carter, casting the city's vote for a nominee to serve as a member of the Board of Managers for the Denco Area 9-1-1 District. Attachments: Res. 2025-xxx Denco 911 Board Nomination.doc 67 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 EMERGENCY COMMUNICATION DISTRICT AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,Section 772, Health and Safety Code, provides that twovoting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; and WHEREAS,each member serves a term of two years beginning October 1st of the year member is appointed; and WHEREAS, one member representing participating municipalities is appointed each year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the City of The Colony hereby nominates ________________________________as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. SECTION 2.That this Resolution shallbecome effective immediately upon its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 15TH DAY OF APRIL 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC City Secretary 68 APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 69 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: April 15, 2025 Submitted by: Tina Stewart 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: April 15, 2025 Submitted by: Tina Stewart 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