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HomeMy WebLinkAboutCity Packets - City Council - 01/20/2026 - RegularCITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, JANUARY 20, 2026 6:30 PM 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order 1.2 Invocation 1.3 Pledge of Allegiance to the United States Flag 1.4 Salute to the Texas Flag 1.5 Receive a presentation from the Library announcing the James W. Althaus Volunteer of the Year Award. (Charters) 1.6 Items of Community Interest 1.7 Receive presentation from the Library regarding upcoming events and activities. (Charters) 2.0 CITIZEN INPUT 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. (Council) 4.0 CONSENT AGENDA 4.1 Consider approving City Council Regular Session meeting minutes from January 6, 2026. (Stewart) 4.2 Consider approving an updated Stewart Creek Park (SCP) Park Host agreement between the City and the Park Host. (McCallum) TO ALL INTERESTED PERSONS Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas to be held at 6:30 PM o n TUESDAY, JANUARY 20, 2026 at CITY HALL, 6053 MAIN STREET, at which time the following items will be addressed: This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty (30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Request Form to the City Secretary. The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work Session items. Citizen input will not be heard during this portion of the agenda. The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. 1 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the city manager to award a purchase to Delta Fire & Safety in the amount of $135,367.75 for the purchase of firefighter protective gear, utilizing BuyBoard contract #698-23. (Thompson) 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). 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). _________________________________________ Tina Stewart, TRMC, CMC, City Secretary EXECUTIVE SESSION NOTICE Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of the attorney's ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT 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 13th day of January 2026. 2 Agenda Item No: 1.5 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: Library Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Receive a presentation from the Library announcing the James W. Althaus Volunteer of the Year Award. (Charters) Background: 3 Agenda Item No: 1.6 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Items of Community Interest Background: 4 Agenda Item No: 1.7 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: Library Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Receive presentation from the Library regarding upcoming events and activities. (Charters) Background: 5 Agenda Item No: 3.1 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: work session Suggested Action: Council to provide direction to staff regarding future agenda items. (Council) Background: 6 Agenda Item No: 4.1 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Minutes Agenda Section: consent agenda Suggested Action: Consider approving City Council Regular Session meeting minutes from January 6, 2026. (Stewart) Background: Attachments: January 6, 2026 Minutes.docx 7 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 CITY COUNCIL SESSION HELD ON JANUARY 6, 2026 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 6th day of January, at City Hall, 6053 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Deputy Mayor Pro Tem Dan Rainey, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Present Present Present Present Present Present Brian Wade, Councilmember Absent (Personal) And with 6 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Richard Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Jamael Graves with Cultivate 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 The Salute to the Texas Flag was recited. 1.5 Recognize employees from Fritz's Adventure Park for their heroic act on October 27, 2025. Chief Thompson recognized Max Duvall, Jered Liske and Jade Pena for their heroic act on October 27, 2025 at Fritz’s Adventure Park. 1.6 Items of Community Interest 1.) Mayor Richard Boyer recognized Fire Chief Scott Thompson for his 40 years of service. 2.) Mayor Richard Boyer announced that January 15, 1976 was the date in which the community voted to incorporate The Colony into Denton County. 1.7 Receive presentation from the Parks and Recreation regarding upcoming events and activities. 8 City Council – Regular Meeting Agenda January 6, 2026 Page| 2 Community Services Director Jackie Kopsa introduced new presenters for 2026 from the Parks Department to council. Recreation Administrative Manager Lindsey Stansell provided upcoming events and activities to the council. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda - Judy Ensweiler, Councilmember; second by Perry Schrag, Councilmember, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from December 16, 2025. 4.2 Consider approving Council expenditures for September and October 2025. 4.3 Consider approving a resolution authorizing the Mayor to execute a second amendment to a legislative consulting agreement with Desk 138, LLC in the amount of $18,000.00. RESOLUTION NO. 2026-001 4.4 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $259,677.00 with La Banda LLC for the Strickland Storm Sewer Repair Project. RESOLUTION NO. 2026-002 4.5 Consider approving a resolution authorizing the City Manager to submit an application for the Texas Parks and Wildlife Department (TPWD) Boating Access Grant Program with TPWD to provide seventy-five percent (75%) matching funds for the West Shore Kayak Launch. RESOLUTION NO. 2026-003 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $4,659,936.10 with ANA Site Construction for the Phase 15 Residential Street Reconstruction Project. 9 City Council – Regular Meeting Agenda January 6, 2026 Page| 3 Engineering Director Ron Hartline presented the proposed resolution to council. Council provided discussion on the item. Motion to approve - Judy Ensweiler, Councilmember; second by Dan Rainey, Councilmember, motion carried with all ayes. RESOLUTION NO. 2026-004 Executive Session was convened at 7:00 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 7:52 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). Motion to approve authorizing the City Manager to submit a private letter ruling request to the State Comptroller's Office on the terms as discussed in executive session - Joel Marks, Mayor Pro Tem; second by Dan Rainey, Councilmember, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 7:54 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ______________________________________________ Tina Stewart, TRMC, CMC, City Secretary 10 Agenda Item No: 4.2 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving an updated Stewart Creek Park (SCP) Park Host agreement between the City and the Park Host. (McCallum) Background: Attachments: Council Memo - SCP Park Host Agreement.pdf SCP_Park_Host_Contract_Final_2025_Update_5-9_-_jlm_rev_clean_-_121925.pdf 11 City of The Colony Memo To: Mayor and Council From: Matthew McCallum, Parks & Recreation CC: Jackie Kopsa, Community Services Director Troy Powell, City Manager Date: January 20, 2026 Re: Stewart Creek Park (SCP) Park Host Agreement Purpose To consider a resolution authorizing the execution of an updated Stewart Creek Park (SCP) Park Host contract agreement between the City and contracted Park Hosts. Background Last April, PARD Management started reviewing workflows at SCP in an effort to streamline processes as it pertains to park maintenance and the responsibilities of the Park Hosts. The general responsibilities of a SCP Park Host can include, but are not limited to, the following: emptying trash receptables, cleaning restrooms, picking up debris, enforcing park rules and answering questions, etc. During PARD’s review, it was found that the current SCP Park Host contract does not outline and provide examples of park-related maintenance tasks, such as those mentioned above, for the Park Hosts to complete. PARD Management then worked to develop and make recommendations for the SCP Park Host agreement, which was reviewed by the City attorney and includes his recommendations and agenda language, including transitioning from an annual agreement to a more standard 3- year renewal agreement. The new agreement distinguishes park-related maintenance tasks that are to be completed by PARD staff vs. what is to be completed by the Park Hosts. This distinction of duties is important to ensure a proper division of work amongst all parties involved in the maintenance of SCP while further providing the Park Hosts with general guidelines and expectations of their job responsibilities. Recommendation 12 2 The revised Stewart Creek Park (SCP) Agreement is attached to the agenda item. Our recommendation is to approve the updated contract agreement. 13 Stewart Creek Park Park Host Agreement This Park Host Agreement (“Agreement”) is entered into by the City of The Colony, Texas, a Texas home rule municipality (hereinafter referred to as the “City”), and _________________ (hereinafter referred to as the “Host”). WHEREAS, The City desires to engage the services of Host for the purposes set forth herein, as Host and not as an employee. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made and the benefits flowing to the parties hereto, the City and the Host, do hereby contract and agree as follows: A.DUTIES AND OBLIGATIONS OF CONTRACTOR. Host shall serve as Park Host at Stewart Creek Park (hereinafter referred to as “the park”) located in the City. Host shall: 1.Provide a self-contained RV (the type and design of which shall be subject to the approval of the Community Services Director or his/her designee) that shall be parked at a location to be designated by the Community Services Director or his/her designee. a)Park Host will maintain the area around the self-contained trailer in a clean, uncluttered and sanitary condition at all times. b)A limited number of vehicles will be allowed on the site at the discretion of the Community Services Director or his/her designee. c)Park Host shall base the performance of this Agreement from that RV. 2.Be available to work a minimum average of 25 hours per week or on an as needed basis in exchange for a free RV site with water and electric service, to assist with operations and maintenance in the park. 3.Furnish his/her own transportation for patrolling the park, but must adhere magnetic “Park Host” signs supplied by the City to vehicle to be clearly identified while on patrol. 4.Coordinate with other Park Hosts to ensure adequate park coverage, utilizing a 7 days on duty / 7 days off duty schedule, to be approved in advance by the Community Services Director or his/her designee. 5.Schedule and coordinate patrolling the park, during which Host must: a)Review the condition of the park and facilities. Maintain/repair items that are within Host’s abilities to handle, as exhibited in Appendix A, and report all other issues to PARD staff. 1.Schedule community service workers and maintain accurate records of community service worked. 14 b) Conduct a minimum of (3) daily tours (November through March) and (5) daily tours (April through October) through the park to monitor restroom cleanliness, park violations, guest activities and maintenance issues. 1. Ensure restroom facilities are clean and properly stocked on each tour made through the park. c) In the absence of scheduled City gatehouse staff or as needed, operation of gatehouse and assist guests with entry kiosk to ensure entry permits are obtained by guests. d) Determine whether any person has failed to comply with rules and regulations relating to the use of the Park, and address those that the Host has the authority to handle; otherwise recruit the appropriate authority. e) Provide assistance and information to park users as needed. 6. Additionally, Host shall be responsible for the following: a) Opening and closing the park gates at the appropriate times, based on direction from PARD staff. 1. This includes securing the gate at the trail head parking lot from dusk to dawn b) Informing guests of Park and the United States Army Corps of Engineers (USACE) rules and regulations, and distributing literature as needed. c) Clean-up functions on an as needed basis, including the following: 1. Emptying trash containers daily, and/or on an as needed basis, with consideration of the attendance, season, special events and holidays. 2. Check, stock and clean existing restrooms daily to ensure a pleasant and sanitary experience for park users at all times. 3. Keep shoreline and swim beach area clean and free of trash and debris. 4. Clean ashes and debris from fire-rings and grills as needed. d) Keeping a written record of complaints and incidents. e) Reporting all disturbances that Host is unable to control/manage to The Colony Police Department. Host shall not attempt to apprehend violators. f) Collecting all “lost and found” property, and turning all such property over to the City if unclaimed after (30) days. g) Other duties as assigned. B. DUTIES AND OBLIGATIONS OF THE CITY. The City shall provide Host the following: 1. A site for the self-contained trailer, which will include water and electric service. All personal telephone, cable/satellite TV, propane, etc., expenses incurred by the Host in the performance of this Agreement shall be the responsibility of the Host. 15 2. Uniform shirts and/or name tag identification. 3. Washer/dryer access in the park. 4. Magnetic signs for vehicle identification. 5. Supplies such as trash bags, toilet paper, cleaning and office supplies to properly maintain facilities in performance of Contractor’s job duties. 6. A utility vehicle that can be used for patrolling and trash collection. C. ADDITIONAL TERMS OF AGREEMENT. 1. This Agreement shall commence on the ______ day of ______________ , 20____, and continue until , 202 . In addition, the Agreement shall automatically renew for two (2) additional one (1) year terms, unless terminated sooner pursuant to the provisions of this Agreement. 2. This Agreement may be terminated by the Host by giving at least thirty (30) days written notice to the Community Services Director. This Agreement may be terminated by the City for any reason by giving the Host at least thirty (30) days written notice. Additionally, the City may terminate this Agreement immediately and without notice upon the happening of any of the following: a) The conviction of Host of any felony, or of any misdemeanor involving moral turpitude; or b) The failure of Host to diligently or properly perform Host’s duties under this Agreement. 3. Payment to the Host shall be on a monthly basis at a rate of $60 per day worked, Monday through Friday, and/or $80 per day worked, Saturday, Sunday or holidays outlined below. • Labor Day • Columbus/Indigenous Peoples’ Day • Thanksgiving Day • Christmas Eve Day • Christmas Day • New Year’s Day • Martin Luther King, Jr. Day • Memorial Day • Juneteenth National Independence Day • July 4th (or the Friday before if the 4th falls on a weekend) An invoice with record of days worked must be submitted to the Community Services Director or his/her designee on a monthly basis for payment. The pay rate amount may be adjusted through the City’s budget process as approved by City Council. 4. The Host shall notify the Community Services Director his/her designee of any anticipated absences at least fourteen (14) days in advance. 16 5. Host shall act in a professional, polite, and friendly manner towards all Park users and city staff, exercising diplomacy, tact, and courtesy. 6. Host shall present a neat and clean appearance while on duty. 7. Host shall abstain from the use of alcoholic beverages and or controlled substances while on duty, and shall not use tobacco products while utilizing City equipment or while in or near any amenities in the park. 8. Host shall not construct or place in the Park any dog pens, horse corrals, poultry cages or similar facilities for pets or securing of animals. All pets of the Host shall be confined or on a leash of six feet (6’) or less in length when outside. Pets will not be allowed in the gatehouse. D. MISCELLANEOUS PROVISIONS. 1. Indemnification. Host shall indemnify the City, its officers, employees and agents against, and hold the City, its officers, employees and agents harmless from, any and all liability, suits, claims, actions, causes of action costs, expenses or fees (including reasonable attorney’s fees) for any injury to or the death of any person, damage to, or omission of Host under this Agreement. The provision of this paragraph shall survive the termination of this Agreement. 2. Independent Contractor. The Host is an independent contractor and not an employee of the City of The Colony, Texas; therefore, the Host is not entitled to any employment-related or any other form of employee benefits of any kind from the City of The Colony, Texas. Host has no claim against the City of The Colony, Texas for any type of City employee benefits, including but not limited to vacation pay, sick leave, retirement benefits, unemployment insurance benefits, or any other type of employee benefits. 3. Assignment. Host shall not assign any of its rights and obligations pursuant to this Agreement, without the express written consent of the Community Service Director or his/her designee. 4. City Ordinances. This Agreement is subject to all City Ordinances presently in force and any Ordinances, which the City Council may pass in the future. AGREED to this the ________day of _________, 20____. THE CITY OF THE COLONY: PARK HOST ____________________________ __________________________ Jackie Kopsa, Community Services Director 17 Appendix A: Note that this is not an exhaustive list of tasks and that the park host shall take on tasks listed in the community service workers box in the absence of community service workers. Examples of unskilled maintenance/upkeep: - Return life jackets to stands - Fill cracks in field - Trim overgrown button bush with hand pruners - Rake fall zones at playground - Rake/level sand at sand volleyball court and remove trash from sand volleyball court - Inspect condition of sand volleyball net - Inspect condition of park signage - Remove trash from playground - Clear limbs from nature trail - Utilize equipment (blower) to clear debris - Help spread new materials in designated spot(s) as assigned by park maintenance - Tighten loose cables - Repaint drainage poles - Clear mud/debris from drainage areas - Pick stick trash throughout park - Clean water fountains Park Maintenance Repair/replace amenities Diagnose facility issues and submit help requests Spread new materials (sand, mulch, flex base) with tractor Tree and irrigation maint. Park Hosts Clean restrooms Empty trash receptacles Enforce rules and answer questions Report facility or maint. issues Community Service Workers Loose debris pickup Empty grills Groom beach and volleyball court Additional unskilled maint. or upkeep 18 Agenda Item No: 5.1 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: Fire Item Type: Resolution Agenda Section: regular agenda items Suggested Action: Discuss and consider approving a resolution authorizing the city manager to award a purchase to Delta Fire & Safety in the amount of $135,367.75 for the purchase of firefighter protective gear, utilizing BuyBoard contract #698-23. (Thompson) Background: This firefighter protective gear will be for outfitting newly hired firefighters and the replacement of expired gear as mandated by the Texas Commission on Fire Protection. Attachments: Delta $135,367.75 1.7.26.pdf Res. 2026-xxx Delta Fire & Safety.docx 19 20 21 22 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO AWARD A PURCHASE TO DELTA FIRE & SAFETY FOR THE PURCHASE OF FIREFIGHTER PROTECTIVE GEAR; 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 award a purchase to Delta Fire & Safety in the amount of $135,367.75 for the purchase of firefighter protective gear. Section 2. That the City Manager and/or his designee are authorized to award said purchase. 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 20th DAY OF JANUARY 2026. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________________ Jeffrey L. Moore, City Attorney 23 Agenda Item No: 6.1 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: executive session Suggested Action: 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). Background: 24 Agenda Item No: 7.1 CITY COUNCIL Agenda Item Report Meeting Date: January 20, 2026 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: executive session action Suggested Action: 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). Background: 25