HomeMy WebLinkAbout2020 0121Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
4
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Blaine Crimmins
Submitting Department: CVB/Communications
Item Type: Announcement
Agenda Section:
Subject:
Receive a presentation from the city's Communications Department showcasing its newly completed online
version of the city's New Resident Packet. (Crimmins)
Suggested Action:
Attachments:
DigitalNewResidentGuide2020.pdf
5
Live, Work and Play in
the City by the Lake!
Welcome
From municipal services to leisure activities, business and play,
it’s all here! Amid all the new economic development, The
Colony is a vibrant community that values what makes this city
a great place to live — neighbors helping neighbors, residents
volunteering their time and energy for community activities,
and quiet, tree-lined streets.
The shoreline of Lewisville Lake may be our backyard
but all the advantages of the big city are nearby. We are
conveniently located just 35 minutes from downtown Dallas
and only 25 minutes from DFW International Airport.
The Colony continues to evolve and grow, and we invite you
to come be a part of it. You’ll feel right at home!
UTILITIES & SERVICES
Utility Administration:
utilityadmin@thecolonytx.gov
WATER DEPARTMENT 972-625-2741
After Hours 972-625-4471
TRASH/RECYCLING
City Representative 972-624-3131
Republic Waste 972-422-2341
HOUSEHOLD HAZARDOUS WASTE
Customer Services 972-624-3131
ELECTRIC & GAS
Oncor Electric Delivery 888-313-4747
Co-Serv Electric & Gas 800-274-4014
Atmos Gas 800-460-3030
CABLE/TELEPHONE/INTERNET
AT&T 800-288-2020
TIME WARNER 972-742-5892
VERIZON 800-837-4966
EMERGENCY
Police/Fire/Ambulance 911
POLICE
Non-emergency 972-625-1887
FIRE
Non-emergency 972-625-3944
More information and links at
THECOLONYTX.GOV
CITY HALL
972-625-1756
ANIMAL CONTROL
972-370-9250
INSPECTIONS
972-624-3158
LIBRARY
972-625-1900
PUBLIC WORKS
972-624-3129
COMMUNITY IMAGE
972-624-3160
CONSTABLE
972-434-7220
DRIVERS LICENSE
Lewisville
972-221-8081
Carrollton
972-245-5800
LEWISVILLE I.S.D.
469-713-5200
PARKS AND RECREATION
972-625-1106
Hidden Cove Park
972-294-1443
DENTON CO. TAX OFFICE
940-349-3500
POST OFFICE
5200 South Colony Blvd 972-370-9127
DENTON COUNTY GOVERNMENT CENTER
972-434-8810
CHAMBER OF COMMERCE
469-404-4088
ADDITIONAL SERVICES
What’s Inside...
Recycling Information
Utility billing
Emergency Preparedness
Alarm Permits
Lawn Care
Household waste disposal
Parks and Trails map
How to connect with us 6
More information and links at
THECOLONYTX.GOV
UTILITY BILLING PROCEDURES
Billing procedures are as follows:
Zone 1
Zone 2
Zone 3
Zone 4
46-49,51-62
50,63-73
74-84,93
85-95
1st two digits
1st Wed. ea. mo.
2nd Wed. ea. mo.
3rd Wed. ea. mo.
4th Wed. ea. mo.
3rd Wed. ea. mo.
4th Wed. ea. mo.
1st Wed. ea. mo.
2nd Wed. ea. mo.
Note: If you do not receive your water bill, it is your responsibility to
contact the Utility Department.
Payments must be received on or before the due date to avoid a late charge.
The late charge is 15% of the bill amount.
Final notices are mailed the next business day following the due date of each
billing period. If payment is not received by the date of the final notice, service
will be disconnected, and all charges must be paid in full by cash, money order
or Visa/Mastercard/American Express before service reconnection. Contact us to
see if you qualify for an extension to avoid disconnection of service.
Disconnection of service results in a $20.00 fee, and possible increase in
deposits. If service is reconnected or turned off after 5:30 p.m. Monday through
Thursday, after 11:30 a.m. Friday., or on weekends, or holidays, there is an
additional $50.00 after hour charge.
• Please refer to the online rate sheet for water and sewer rates:
thecolonytx.gov/399/Utility-Billing
Date mailed Date due
Stuck
in the
weeds?
Per city ordinance, your lawn cannot exceed
12 inches in height (about the height of a
traffic cone). We encourage those in need of
assistance to take advantage of The Colony
Cares Tool-Lending Program, from which
a variety of landscaping tools and equipment
may be checked out free of charge! Contact
the Community Image Department at 972-624-
3159 or visit TheColonyTx.gov for more info.12 INCHESTRASH SET-OUT GUIDELINES
• Trash and recycling services once a week.
• Place carts before 7 a.m.
• Green cart for trash and blue for recycling.
• Bag trash to prevent loose trash from
flying out of cart.
• No yard trimmings, dirt, soil, concrete,
construction debris or household
hazardous chemical waste in carts.
• Place carts at least 3 feet apart from the
nearest object such as fences, trees, utility
boxes or other carts.
• Return carts to your residence or storage
area within 24 hours after service
(per City ordinance).
• Additional carts available by request.
• Special consideration and assistance may
be provided for elderly or physically-
challenged residents by contacting
Environmental Services at 972-624-3131.
Republic Waste Services
972-422-2341
Environmental Services
972-624-3131
recycling@thecolonytx.gov
Report service problems,
missed pick-ups, broken
or damaged carts to:
Household Hazardous Waste, Electronics,
Needles & Meds Collection
5576 North Colony Blvd. (parking lot east of Fire Station #2)
Monthly Hours of Operation
(other hours by appointment only)
1st Monday 4 p.m. - 7 p.m.
3rd Wednesday 1 p.m. - 4 p.m.
3rd Saturday 8 a.m. - 12 p.m. (Noon)
The HHW Disposal Center may be closed during severe
weather or holidays. Please call 972-624-3131 during
normal business hours to verify the center is open. TX
Driver’s License and/or current city utility bill required.
Oil, antifreeze, car batteries and tires may also be taken
to the City’s Fleet Maintenance Center at 1 Harris Plaza,
Suite 2. Monday & Friday 8 a.m. to 3 p.m.
4 Acceptable items:
Yard waste (fertilizers, herbicides, pesticides, pool
chemicals, weed killers)
Garage items (acid, antifreeze, car/boat batteries,
chemicals, fluorescent bulbs, gasoline, empty helium/
propane tanks, lighter fluid, motor oil, oil-based paints/
stains, solvents/thinners,tires)
Household (aerosol sprays, art supplies, batteries
(rechargeable), cooking oil, household cleaners, ink
cartridges, medications, sharps, TVs, computers, printers
8Unacceptable items: Latex paint, Ammunition,
Explosives, Commercial Waste, Radioactive Materials
These items are not considered hazardous and
may be safely thrown in the trash: alkaline
batteries, silicone seals, soaps, adhesives, drywall
compound, shampoos, tile grout, waxes
Utility discount for veterans
Military veterans qualify for a 10% discount on utility bills (water and
sewer only—not trash and recycling). Active or retired veterans may
sign-up online or in person at the city’s Customer Services Department
at City Hall, 6800 Main St. Participants must present a military ID,
options of which include active/retired/reservist ID cards, discharge
paperwork (e.g. DD 214), and/or an American Legion membership
card with driver’s license or other state-issued photo ID.
For more information, contact the Customer Services Department at
972-625-2741 or email at utilityadmin@thecolonytx.gov
7
42,000population
THE CONSERVATION
OF RECYCLING
Best practices for recycling for residents include:
• paper and cardboard items (such as pizza boxes) free of
food particles;
• food and beverage cans must be empty and rinsed
clean; and, lids from plastic containers must be
removed and discarded.
The following items should NOT be put in the recycling bin:
• plastic bags
• grass clippings, brush, or limbs;
• household trash
• tires, batteries, paints, or hazardous waste
• automotive/window glass, ceramics, china, light bulbs,
or Styrofoam
• plastic toys, wax paper/food containers, or aluminum foil.
Residents are reminded to put their carts out on the curb by
7 a.m. on trash/recycling collection days. Collection occurs
anytime between 7 a.m. and 7 p.m.
Modern collection trucks are equipped with cameras and
GPS tracking devices, facilitating effective oversight of the
drivers’ route, performance, and any issues they encounter
during the day.
For more information about recycling or related programs,
please contact the city’s Environmental Services Department
at 972-624-3131.
The Colony is one of the earliest settlements in the Dallas/Fort Worth
area, and was deliberately chosen to memorialize the spirit of a new
way of life idealized by the original settlement.and growing...
The Colony residents recycled almost
4,000 tons of materials this past year.
4 Glass bottles
4 Flattened Cardboard
4 Metal Cans
4 Paper
4 Plastic Bottles & Jugs
8Plastic bags & wrappers
8Packing peanuts
8Paper juice & milk boxes
8Clothing & shoes
8Styrofoam
8Diapers
8Toys
8Electronics & batteries
8Tools
8Food
8Lightbulbs
8Medical waste
YES!
Please recycle:
NO!
Never recycle:
Don’t forget!
All paper items (including pizza boxes)
must be free of food. All food and
beverage containers must be empty,
rinsed clean and have lids removed.
Green waste and trimmings are collected
every Monday and should NOT be placed in
the trash or recycling carts or plastic bags.
• Place grass, leaves, weeds, and small brush in
paper lawn bags available for purchase at local
hardware and grocery stores, or in a plastic
container of your own.
• Tree limbs and brush must be cut to 4’ lengths,
tied in bundles and weigh no more than 40 lbs.
• Up to 4 cubic yards of material can be set out
on your collection day. Place paper lawn bags,
containers and any tree trimmings in your
normal collection area.
• Household trash, dirt, soil, sod and pet waste
are not acceptable yard waste materials.
BULK PICK UP (TWICE/MONTH)
Bulky waste will be limited to a pile or 4 cubic yards. Place bulky items in
your normal collection area. Please call Environmental Services with any
questions at 972-624-3131.
Unacceptable items:
8Household hazardous waste,
liquids of any kind, large metal
objects (swing sets, car parts, etc.)
8Large amounts of remodeling
debris {tile, flooring, roofing, long
dimensional lumber, concrete,
rocks, gravel) or fence posts.
Acceptable items:
4 Furniture, appliances, water
heaters, BBQ grills, fence panels,
carpet, carpet pads, lawn mowers,
extra bags of trash.
4 Wooden items and carpet must
be cut to 4’ lengths or less.
4 All appliances containing Freon
must have the Freon removed by a
certified technician and the proper
paperwork attached to the item.
4 Drain all appliances containing water
and remove oil & gas from mowers.
Tuesday
Wednesday
Thursday
Friday
Regular
Trash Day
Bulk
Item Day
1st and 3rd Monday of the month
1st and 3rd Monday of the month
2nd and 4th Monday of the month
2nd and 4th Monday of the month
Green waste/
trimmings every Monday
8
The Colony offers an alternative program
for those interested in managing their
costs with more certainty. The Colony
citizens can subscribe to an Ambulance
Subscription Program. For $8.00 a month
added to your city utility bill, subscribers
are entitled to three emergency transports
per year without any out-of-pocket
expenses. However, insurance companies
will be billed.
This benefit is only available to residents of
The Colony. The resident may cancel this
service in writing at anytime. The Colony
Fire Department may terminate an existing
membership for any reason by giving 30
days written notice to the subscriber.
If protocol recommends air medical
transportation, this subscription service
does not apply to the services provided by
the air medical transportation provider.
In the event emergency transport cannot be
provided by The Colony Fire Department,
the mutual aid plan will be activated. The
emergency service providing the mutual
aid will transport the patient and bill
the patient. It is the responsibility of the
patient to submit the bill to The Colony Fire
Department for payment processing.
Did You Know?
The City of The Colony has adopted
the International Fire Code as the city’s
designated fire code. The code prohibits
open burning in the city limits year-round.
Highlights also include specifications and
regulations for the use of residential fire
pits, which are allowed as follows:
Section 305.5 Fire Pits. All fire pits shall
be constructed in a manner consistent
with good engineering and construction
practices. Fire pits shall not be installed
within 10 feet of an adjoining property
line, 15 feet from a residence and 10 feet
from any other combustible materials.
The maximum diameter of a fire pit shall
be 3 feet, unless approved by the fire
code official.
Fire Department
4900 Blair Oaks
The Colony, TX 75056
Phone: 972-625-3944
Emergency: 911
The Colony Fire Department’s
dedicated team of firefighters
and paramedics is ready
to serve and protect the
community 24 hours a day,
seven days a week. We are
committed to providing a wide
range of quality public services
to assist our residents and
visitors, including the very best
possible customer service.
Ambulance
Subscription Service
More information and links at
THECOLONYTX.GOV
BE PREPARED!
OFFICE OF EMERGENCY MANAGEMENT
Extreme heat, tornadoes, severe thunderstorms, and flooding are among the
most common natural hazards we face in North Texas. The key to weathering
such incidents, including potential technological or human-made threats,
lies in preparation. Visit TheColonyTX.gov/BePrepared for a wealth of
preparedness information.
Basic preparedness plans should be in place at home, at work and
at school, and each family member or employee should understand
the plan. When a disaster strikes, there may be only a few seconds
to react and find shelter.
9
Alarm Ordinance
If you have an alarm system that is meant
to summon the police either by an audible
tone or by being monitored by a company,
you must obtain a permit from the police
department.
Cost
Alarm permits for residents cost $25
annually. Alarm permits for businesses cost
$50 annually. This must be renewed each
year based on the original registration
date. If you change alarm companies or
emergency contact information, please
fill out a new application. No fee will
be collected for those changes. If you
move to a new location, you will need to
purchase a new alarm permit.
False Alarms
You are allowed three false alarms each
year. The year is based upon a calendar
year from January through December.
There will be a $50 charge for the fourth
and fifth false alarm, $75 for the sixth
and seventh false alarm and $100 for
the eighth and subsequent false alarms.
Multiple false alarms on the same day are
only counted as one.
Automated Messaging
Systems
The police department will not issue an
alarm permit for an alarm system with
a recorded message notification system.
If the alarm is monitored by a company
that sends an automated message if the
alarm has been activated, a permit will
not be issued.
Alarm Permit Stickers
Faded alarm permit stickers can be
replaced if requested at the time of
renewal for no charge. These can be
mailed or you may come in person and
pick one up at the records window at the
police department.
Police
5151 North Colony Blvd.
The Colony, TX 75056
Phone: 972-625-1887
Emergency: 911
Hours
Monday - Friday
8 a.m. - 5 p.m.
Vacation Close Patrol Service is
available to residents of The Colony
who will be away from their homes
for at least four days and not longer
than 14 days. Homes must be
currently occupied. Apartments are
not eligible for this service. If anyone
will be staying overnight for any of
this period of time, the home is not
eligible. Your home will be checked a
minimum of once per day.
Please call us at 972-625-1887 upon
your return home. This log will be
mailed to you at that time.
Submit
You are required to bring the Vacation
House Check Form (PDF) with you to
the Police Records Department.
https://www.thecolonytx.gov/322/
Vacation-House-Watch
Once you fill out the Vacation House
Check Form (PDF), print the form out
and return it in person with proper
identification (drivers license) to The
Colony Police Department located at:
5151 North Colony Boulevard
The Colony, TX 75056
The Colony Police Department
achieved the “Recognized
Status” as a participant in the
Texas Police Chief’s Association
Best Practices Recognition
Program by demonstrating
that their policies and practices
met “best practice” standards
in the field of policing in Texas.
Alarm Ordinance
and Permit Information
Online Alarm Permit Application:
www.famspermit.com/thecolony
Vacation House Watch
Learn more about the Police Academy through the Citizen’s Academies.
Visit TheColonyTx.gov or call the Police Station at 972-625-1887.
10
Park Location Map
The Colony Parks & Recreation Department
Park map and facilities information
available at thecolonytx.gov/Facilities
The League of American Bicyclists recognized the City of The Colony
as an Honorable Mention Bicycle Friendly Community (BFC).
More information and links at
THECOLONYTX.GOV
The Colony Five Star Complex gets its name from five important ways
the facility benefits The Colony residents through Sports, Community,
Environment, Recreation, and Culture.
11
34 miles
of walking/biking paths
The Colony boasts an extensive walking and biking trail system
with plans for further expansion.
1 5151 North Colony Blvd.
Recreation Center
Community/Senior Center
Kids Colony Park
Wheel Zone Bike & Skate Park
Baseball & Softball Complex
2 6600 Miller Dr.
Bridges Park/Tennis Courts
3 5600 Baker Dr.
Slay/Baker Park
4 5900 Carroll Dr.
Bill Allen Memorial Park
5 5900 Turner St.
Turner Soccer Complex
6 5700 Squires Dr.
BB Owen Softball Complex
Lasertag-DFW
7 7500 Taylor St.
Taylor Street Park
8 5580 North Colony Blvd.
Aquatic Park
9 5180 Ragan Dr.
Dave Cowan Park
10 7214 Wilcox Dr.
Wilcox Park
11 4800 East Lake Highlands Dr.
Pawsome Playground Dog Park
12 7801 Main St.
Blue Sky Sports Center
Eastvale Park
13 1000 Lebanon Rd.
The Tribute Golf Links
and Guest House
1001 Lebanon Road
Old American Golf Club
14 20400 Hackberry Creek Park Rd.
Hidden Cove Park
15 4526 West Lake Highlands Dr.
West Shore Park (undeveloped)
16 4515 Carr St.
Carr/Chapman Park
17 4160 Newton St.
Friendship Park
18 100 Cottonwood Springs Dr.
Stewart Peninsula Golf Course
19 3700 Sparks Rd.
Stewart Creek Park
20 4177 North Colony Blvd.
Scout Park
21 6800 Main St.
Public Library
22 4800 Nash Dr.
Lions Club Park
23 4401 Standridge Dr.
Ridgepointe Park
24 4930 South Colony Blvd.
Perryman Park
4800 Alta Oaks Ln.
Camey Soccer Complex
25 5001 South Colony Blvd.
Greenway Park
26 5000 South Colony Blvd.
Historical Park
27 4100 Blair Oaks Dr.
Five Star Complex
28 4400 Paige Rd.
Hawaiian Falls Waterpark
29 6170 Arbor Hills Way
Austin Ranch Park
12
• City Council Meetings — every first and third Tuesday of
the month
• Websites: TheColonyTx.gov or the Convention & Visitors
Bureau site VisitTheColonyTx.com
• Find us on Facebook and Twitter: @thecolonytexas
• Email: addresses for city offices are at thecolonytx.gov
• Phone: (972) 625-3100
• Fax: (972) 624-2286
• Utility bill: Additional information may be found on the
front, the back, or an insert.
• Local programming on The Colony Government Television
Channel (TCGTV) - Time Warner/Spectrum Channel 16
and AT&T U-Verse Channel 99. If you are not a cable
customer, you may watch the programming from the
broadcast page of our city website.
• Write us a letter: City Hall, 6800 Main Street, The Colony,
TX 75056
• Local newspaper: The Colony Courier Leader is published
every Sunday
• Keep an eye on the signs around town for current
information of events, classes, and traffic issues
• Brochures and pamphlets in city facilities are available for
information on services and city ordinances
• FUN TIMES: quarterly publication is distributed by our
Parks & Recreation Department including Community
Center and Library activities
Visit online: thecolonytx.gov/360/PlayTC-Catalog;
6800 Main Street
The Colony, TX 75056
972-625-1756
Hours:
Mon-Thurs 7:30 a.m. – 5:30 p.m.
Fri 7:30 a.m. – 11:30 a.m.
CONTACT US
In addition to our website (thecolonytx.gov), the following list provides other ways to be in touch and
receive the latest news and updates.
The City of The Colony hosts a variety
of family-friendly special events
throughout the year!
Plan ahead to attend our signature Fourth of July
celebration, “Liberty by the Lake,” as well as “American
Heroes: A Salute to Veterans” every November. Both
events feature all-day activities for the whole family,
including live music, great food, and the best fireworks
shows in North Texas! To find out more, visit the Parks &
Recreation page of our website at TheColonyTx.gov.
13
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Joe Perez
Submitting Department: Animal Control
Item Type: Discussion
Agenda Section:
Subject:
Discuss reducing or waving animal adoption fees through The Colony Animal Shelter for active duty military
personnel and veterans. (Perez)
Suggested Action:
Attachments:
14
Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss and provide direction to staff regarding a tree trimming contract for citizens. (Powell)
Suggested Action:
Attachments:
15
Agenda Item No:3.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Troy Powell
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss the use of speed bumps in The Colony. (Powell)
Suggested Action:
Attachments:
16
Agenda Item No:3.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
17
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for January 7, 2020. (Stewart)
Suggested Action:
Attachments:
January 7, 2020 DRAFT Minutes.docx
18
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 REGULA SESSION
HELD ON
JANUARY 7, 2020
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 7th day of January, 2020, at City Hall, 6800 Main Street, The
Colony, Texas, with the following roll call:
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Joe McCourry, Mayor 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 Pro Tem Terre called the meeting to order at 6:31 p.m.
1.2 Invocation
Lance Otey, Director of Evangelism, First Baptist Church of The
Colony 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 Recognition of the Comprehensive Annual Finance Report (CAFR) Award.
Mayor Pro Tem Terre presented the Excellence in Financial Reporting in the
Comprehensive Annual Financial Report (CAFR) to the Finance Department.
Director of Finance, David Cranford accepted the award.
1.6 Items of Community Interest
1.6.1 Receive a presentation from the Library regarding current and upcoming
programs, events, and service improvements.
Assistant Library Director, Kate Margolis, presented the current and upcoming
programs, events and service improvements to Council.
19
City Council – Regular Meeting Agenda
January 7, 2020
Page| 2
Councilman Boyer arrived at 6:34 p.m.
2.0 CITIZEN INPUT
Karen McGuffin, 4829 Wagner Drive, invited City Council to the upcoming annual Soup-
N-Bowl which helps raise awareness and funds for the North Texas Community Food
Pantry.
Christi Martin, 5604 Longhorn Drive, spoke concerning the recently passed Legislative
House Bill 1640.
3.0 WORK SESSION
3.1 Receive a presentation and update from The Colony Chamber of Commerce.
Director of Community Relations and Programming, Joe Perez, introduced to
Council, Judy Ensweiler and Jennifer Ondreyka with The Colony Chamber of
Commerce. Mrs. Ensweiler briefly introduced the members of their Board of
Directors that were present at the meeting. She also presented an overview of The
Colony Chamber of Commerce 2019 Annual Review.
3.2 Discussion on the use of speed bumps in The Colony.
**This item was pulled from the agenda with no discussion**
3.3 Discuss Public Information Requests Quarterly Report as presented for Council
review.
No discussion.
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- Marks; second by Mikulec, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for December
17, 2019.
4.2 Consider approving an ordinance amending Chapter 13 of the Code of Ordinances
by Repealing in its entirety Section 13-6 entitled "Police and Fire Radios".
ORDINANCE NO. 2020-2385
20
City Council – Regular Meeting Agenda
January 7, 2020
Page| 3
4.3 Consider approving a resolution authorizing the City Manager to execute a
Landlord's Consent and Agreement for refinancing of Blue Sky Sport Center.
RESOLUTION NO. 2020-001
4.4 Consider approving the Mayor sign the Governors mandated "State of Texas
Department of Emergency Management 147 notification form", that City of The
Colony will continue to operate under the Denton County Emergency
Management system, and that the security advisor will continue to serve as the
Mayors designated Emergency Management Coordinator for calendar year 2020.
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an ordinance regarding the
approval of a Specific Use Permit (SUP) to allow a tattoo parlor known as
"Cowboy's Tattoo," and consider relief from Section 10-1370 that prohibits any
tattoo parlor being located within 1,000 feet of a public, denominational and/or
charter school. The subject site is located at 4181 Main Street, Suite 800
containing a total area of 1,350 SF, within Planned Development - 14 (PD-14)
Zoning District and the Gateway Overlay District.
Senior Planner, Isaac Williams, presented the proposed ordinance to Council.
Mr. Williams stated the applicant requests SUP approval to allow use of tattoo
parlor at 4181 Main Street, Suite 800. The site is located within Planned
Development 14 (PD-14) Zoning District with an underlying General Retail (GR)
Tattoo parlor establishments require Specific Use Permit approval in the GR
Zoning District. The Development Review Committee recommends approval of
the Specific Use Permit with the condition that the proposed use be permitted a
distance within 1,000 feet of a public, denominational and/or charter school. On
December 10, 2019, the Planning and Zoning Commission voted 5-1 to
recommend approval of the Specific Use Permit with the conditions set forth by
the Development Review Committee.
The public hearing opened and closed at 7:27 p.m. with no speakers.
Council provided discussion on this item.
Motion to approve- Mikulec; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2020-2386
5.2 Discuss and consider a resolution appointing a representative and alternate to the
Denton County Transportation Authority Board of Directors.
**This item was pulled from the agenda with no discussion**
21
City Council – Regular Meeting Agenda
January 7, 2020
Page| 4
Executive Session was convened at 7:28 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city
attorney regarding pending or contemplated litigation - Appeal of Brazos Electric
Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas
v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding 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).
C. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city
attorney regarding pending or contemplated litigation - Pamela Rogers, et. al. v.
City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States
District Court, Eastern District of Texas, Sherman Division.
Regular Session was reconvened at 8:21 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No.
45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc.
matter, Cause No. 16-06424-16.
No Action
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
C. Any action as a result of executive session regarding pending or contemplated
litigation - Pamela Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No.
4:19-cv-00919, United States District Court, Eastern District of Texas, Sherman
Division.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 8:22 p.m.
22
City Council – Regular Meeting Agenda
January 7, 2020
Page| 5
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
23
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of November 2019. (Council)
Suggested Action:
Attachments:
City Council November 2019 Expenditures.pdf
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Isaac Williams
Submitting Department: Development Services
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss, and consider an ordinance regarding text amendments to the
Comprehensive Zoning Ordinance Appendix A, Section 10 [Use of Land and Buildings], Subsection 10-100
entitled "Schedule of Uses by District". (Williams)
Suggested Action:
Please see attached Staff Report for Land Use Analysis and staff recommendations.
Attachments:
SI19-0008 CC Staff Report Ordinance amendment Pet Stores Final.pdf
Ord 2020-xxxx Pet Stores Kennels.docx
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1
CITY COUNCIL REPORT
AGENDA DATE: January 21, 2020
DEPARTMENT: Engineering/Development Services Department
SUBJECT SI19-0008-Zoning Ordinance Text Amendment (Pet Stores)
Conduct a public hearing, discuss, and consider an ordinance regarding text amendments to the
Comprehensive Zoning Ordinance Appendix A, Section 10 [Use of Land and Buildings],
Subsection 10-100: Schedule of uses by district.
BACKGROUND
The City Manager’s Office presented a workshop discussion item at the November 5th Council
meeting amid concerns received from the animal rescue and adoption community regarding the
potential allowance of retail establishments within the City offering animals for sale originating
from commercial breeders as a function of the establishment. Recently there have been several
investigative cases nationally and locally where the treatment and condition of animals offered for
purchase within said establishments were found to be inadequate, overcrowded and in many
cases, a danger to the animals welfare.
Staff began review of the Zoning Ordinance and found the ordinance permits animal retail sales
from pet shop uses and kennel uses. Pet shop are permitted “by-right” in a majority of the non-
residential districts within the City. Review also found that establishments defined as kennels
which also offer the sales of animals for commercial purposes are generally permitted “by-right”
within the same districts. In light of these findings, Council direction to staff was to bring forth
an option or options in an ordinance amendment that would either limit, prohibit or place
conditions through SUP upon these establishment types.
CONSIDERATIONS
Pet Shops are defined as:
[A] Facility for the display and sale of small animals, fish and birds as pets, such as dogs, cats,
parakeets, goldfish, tropical fish or canaries, but not involving commercial boarding or treating
of any animal, fish
Kennels are defined as:
Kennels, indoor/commercial pet sitting: An establishment with indoor pens in which more than
six adult dogs or domesticated animals are housed during the day or overnight, groomed,
boarded, exercised, trained, or sold for commercial purposes. Animal transportation service may
be provided. No outdoor runs or pens are allowed. This definition excludes any breeding
operation. Refer to chapter 5 for additional regulations.
Kennels, outdoor runs: An establishment that includes any outdoor areas for play, exercise or
ventilation in which more than six adult dogs or domesticated animals are housed during the day
or overnight, groomed, bred, boarded, exercised, trained, or sold for commercial purposes.
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Breeding operations may be included as part of an outdoor kennel facility. Animal transportation
service may be provided. Refer to chapter 5 for additional regulations.
The proposed ordinance revisions are as follows:
EXISTING VERSION (pet shop)
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
74 Pet
Shop
N N N N N N N N N N N N N
These establishments are permitted “by-right” within the Shopping Center (SC), General Retail
(GR), Light Commercial (LC), Heavy Commercial (HC), Industrial (I) and Business Park (BP)
Districts.
PROPOSED REVISION
Appendix A, Section 10, Section 10-100, of the Comprehensive Zoning Ordinance of the City of
The Colony, Texas, entitled “Schedule of Uses by District” is hereby amended by amending the
use chart for the use “(74) Pet shop” which shall read as follows:
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
74 Pet
Shop
N N N N N N N N N N N N N N N N N N N
This proposed ordinance amendment removes Pet Shops “by-right” throughout the City. The
proposed ordinance amendment leaves the ability for new Pet Shop establishments within
Planned Developments (PD) districts only when specifically permitted by the PD ordinance.
Any previously existing Pet Shops may continue to operate provided they remain otherwise
lawful and in accordance with Section 20- Nonconforming uses and structures.
The proposed ordinance amendment also updates the approval condition for kennels (indoor and
outdoor).
EXISTING VERSION (kennel)
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
79 Kennels,
indoor
(no
outside
runs)
N N N N N N N N * S S S S N
Kennels,
outdoor
(includes
outside
runs)
N N N N N N N N * S S S S S S S S S S N
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PROPOSED REVISION
That Appendix A, Section 10, Section 10-100, of the Comprehensive Zoning Ordinance of the
City of The Colony, Texas, entitled “Schedule of Uses by District” is hereby amended by
amending the use chart for the use “(79) Kennels, indoor (no outside runs) and Kennels, outdoor
(includes outside runs),” which shall read as follows:
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
79 Kennels,
indoor
(no
outside
runs)
N N N N N N N N * S S S S S S S S S S N
Kennels,
outdoor
(includes
outside
runs)
N N N N N N N N * S S S S S S S S S S N
This proposed ordinance amendment removes the “by-right” condition for kennels uses (Indoor)
from the Industrial (I), Heavy Commercial (HC), Light Commercial (LC) General Retail (GR),
Shopping Center (SC) and Neighborhood Service (NS) Districts. Instead kennel uses will require
Specific Use Permit approval in the aforementioned districts [SUP is currently required in the
Agriculture (A), Parking (P), Office (O-1 and O-2) Districts]. Outdoor kennels require SUP
approval in all districts where permitted. The proposed amendment unifies the condition of
approval between the two use subtypes.
The proposed ordinance amendment leaves the ability for new kennel establishments within
Planned Developments (PD) districts only when specifically permitted by the PD ordinance. Any
previously existing kennels may continue to operate provided they remain otherwise lawful and in
accordance with Section 20- Nonconforming uses and structures. As reflected in the current
zoning ordinance, the Planning Commission and City Council shall review and evaluate Specific
Use Permit requests using criteria found in Section 10-905. In authorizing a Specific Use Permit,
the Planning and Zoning Commission may recommend and the City Council may impose
additional reasonable conditions necessary to protect the public interest and welfare of the
community, including operational standards and a time period for which a specific use permit is
valid.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 14, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval of
the text amendments to the Comprehensive Zoning Ordinance Appendix A, Section 10 [Use of
Land and Buildings], Subsection 10-100: Schedule of uses by district.
ORDINANCE REVIEW COMMITTEE (ORC) REVIEW
The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance
amendment.
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NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council Commission meeting for text amendments. Notice for this public hearing was
published in The Dallas Morning News on January 3, 2020. No comments, either for or against
the text amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Ordinance
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020 - _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, SECTION 10, SECTION 10-100, OF THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE
COLONY, TEXAS, ENTITLED “SCHEDULE OF USES BY DISTRICT” IS
HEREBY AMENDED BY AMENDING THE USE CHART FOR THE USE
“(74) PET SHOP” AND “(79) KENNELS, INDOOR (NO OUTSIDE RUNS)
AND KENNELS, OUTDOOR (INCLUDES OUTSIDE RUNS)”;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment
before the 15th day before the date of the public hearing; and
WHEREAS,Appendix A, Section 24-101(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following “[a] public hearing shall be held by city council
before adopting any proposed amendment, supplement or change. Notice of such hearing shall
be given per the publication policy of the city, stating the time and place of such hearing, and
shall be published a minimum of 15 days prior to the date of the public hearing;” and
WHEREAS,the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That Appendix A, Section 10, Section 10-100, of the Comprehensive
Zoning Ordinance of the City of The Colony, Texas, entitled “Schedule of Uses by District” is
hereby amended by amending the use chart for the use “(74) Pet shop” which shall read as
follows:
61
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
74 Pet
Shop
N N N N N N N N N N N N N N N N N N N
SECTION 3.That Appendix A, Section 10, Section 10-100, of the Comprehensive
Zoning Ordinance of the City of The Colony, Texas, entitled “Schedule of Uses by District” is
hereby amended by amending the use chart for the use “(79) Kennels, indoor (no outside runs)
and Kennels, outdoor (includes outside runs),” which shall read as follows:
79 Kennels, indoor (no outside
runs)
N N N N N N N N *S S S S S S S S S S N
Kennels, outdoor (includes
outside runs)
N N N N N N N N *S S S S S S S S S S N
SECTION 4.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 5.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 6.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
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21ST day of JANUARY, 2020.
Joe McCourry, Mayor
ATTEST:
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Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Evan Groeschel
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a purchase order to Sam
Pack's Five Star Ford of Carrollton in the amount of $127,367.00 for the purchase of additional vehicles for the
Water Distribution and Public Works divisions of Public Services. (Groeschel)
Suggested Action:
With increased staff there is a need for additional vehicles. Through discussions with the City Manager’s office
it was recognized that in order to realize the full benefit from increased staff additional transportation will be
need in order to be as efficient and productive as possible. The funding for this purchase is budgeted.
Cost Vehicle and Division
$42,039 Sign Tech to replace Unit 353
$42,664 F250 for WD
$42,664 F250 for WD
$127,367 Total Cost
* Sign Technician vehicle: 2002 Chevy with 150,000 miles and currently out of service due to mechanical
issues. Cost to repair is greater than vehicle value.
Attachments:
Contract Renewal.pdf
January 21 - Additional vehicle purchases.docx
Res 2020-xxx Purchase of three vehicles for DPW.docx
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Item Title:
Purchase of additional vehicles for the Water Distribution and Public Works divisions of Public Services.
Background:
With increased staff there is a need for additional vehicles. Through discussions with the City Manager’s
office it was recognized that in order to realize the full benefit from increased staff additional
transportation will be need in order to be as efficient and productive as possible. The funding for this
purchase is budgeted.
Information:
Cost Vehicle and Division
$42,039 Sign Tech to replace Unit 353
$42,664 F250 for WD
$42,664 F250 for WD
$127,367 Total Cost
* Sign Technician vehicle: 2002 Chevy with 150,000 miles and currently out of service due to mechanical issues. Cost to repair is
greater than vehicle value.
Suggested Action:
Staff recommends Council authorize the City Manager to issue a purchase order to Sam Pack’s Five Star
Ford in the amount of $127,367.00 through Tarrant County contract 2019-041.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ISSUEAPURCHASE ORDER TO SAM PACK’S FIVE
STAR FORD IN CARROLLTON, TEXAS, FOR THE PURCHASE OF
ADDITIONAL VEHICLES FOR THE WATER DISTRIBUTION AND PUBLIC
WORKS DIVISIONS OF PUBLIC SERVICES THROUGH THE TARRANT
COUNTY CONRACT 2019-041; 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 issue a purchase order for the purchase of three vehicles to be used by
water distribution and public works divisions of public services in the amount of
$127,367.00 to Sam Pack’s Five Star Ford in Carrollton.
Section 2. That the City Manager or his designee authorized to issue said purchase orders.
Section 3. 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 21st day of January, 2020.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
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Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services
Agreement with BRS Architects to do a feasibility study for a new recreation center at Five Star East, with
funding provided by the Community Development Corporation. (Nelson)
Suggested Action:
The CDC and Parks Master Plan approval process with city council involved discussions about a potential new
recreation center at the Five Star East location (north of Hawaiian Falls). Citizens identified a new recreation
facility as being a high priority in the Master Plan, but concerns exist about how much funding would be needed
to build and operate it. This feasibility study will help us determine what size facility would fit on the proposed
site, how it could be phased if needed, and identify construction AND operational costs. The goal is to provide
everyone with a realistic picture of what the full financial impact of a new facility would be in order to make better
informed decisions about how and when it might be feasible to move forward on the project.
BRS Architects is a highly qualified firm that has designed several recreation centers across the country and in
the DFW area. They have a good understanding of the current construction market and the rapid growth that is
taking place here. They also performed the feasibility study we did last year to look at the possible
expansion/renovation of the existing recreation and community center.
Attachments:
Professional Services Agreement - BRS - New Rec Center -2020 (2).doc
2020.01.08 TC Rec Feasibility Study - Exhibit A.pdf
2020.01.06 TC Rec Feasibility Study - Proposed Design Schedule.pdf
Res 2020-xxx Professional Services Agreement - Barker Rinker Seacat Architecture.docx
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STATE OF TEXAS §CITY OF THE COLONY,TEXAS
§AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City
of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and
BARKER RINKER SEACAT ARCHITECTURE (“Professional”) (individually, each a “Party”
and collectively, “Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for the
RECREATION CENTER FEASIBILITY STUDY AT FIVE STAR EAST (“Project”) in
accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing this it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights, in
and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full authority
to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or
equipment suppliers to reproduce applicable portions of the Project Documents to and for use in
their execution of the work or for any other purpose. All materials and reports prepared by
Professional in connection with this Agreement are “works for hire” and shall be the property of
City. Professional shall, upon completion of the services provided under this Agreement, or upon
earlier termination of this Agreement, provide City with reproductions of all materials, reports, and
exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic
format if requested by City. Any re-use of the Project Documents by the City on any other project
not contemplated or included under this Agreement shall be at the City’s sole risk, without liability
to Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit B.
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4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance of
same as hereinafter provided, and City shall determine whether to authorize any increase in fee or
price, or to authorize damages or additional compensation as a consequence of such delays, within
a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit “A” by
payment of a fee not to exceed $68,572 INCLUDING REIMBURSABLES.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period, the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, and
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within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior to
Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent contractor,
and City assumes no responsibility or liability to any third party in connection with the services
provided by Professional under this Agreement. All services to be performed by Professional
pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an
agent, servant, representative, or employee of City. Professional shall supervise the performance of
its services and shall be entitled to control the manner, means and methods by which Professional’s
services are to be performed, subject to the terms of this Agreement. As such, City shall not train
Professional, require Professional to complete regular oral or written reports, require Professional
to devote his full-time services to City, or dictate Professional’s sequence of work or location at
which Professional performs Professional’s work, except as may be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the Project Documents and other services provided under this
Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the
services provided under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement, and Professional shall be and remain liable to City in accordance with
applicable law for all damages to City caused by Professional’s negligent performance of any of the
services furnished under this Agreement.
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Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A.Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B.Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C.Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D.Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A.A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
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B.The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C.All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
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10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:With Copy to:
Troy C. Powell Pam Nelson
City Manager Community Services Director
City of The Colony City of The Colony
6800 Main Street 5151 N. Colony
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Keith Hayes, AIA, LEED AP
Barker Rinker Seacat Architecture
129 South Main Street
Grapevine, Texas 76051
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
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consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND
COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT
CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS
AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF
PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
ATTRIBUTED TO THE NEGLIGENCE OF THE CITY).
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional’s obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Professional’s
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
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10.17 Confidential Information.Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, “Confidential Information” means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities, that
is of a non-public, proprietary or confidential nature including, without limitation, information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses, compilations, studies or other documents, whether prepared by Professional or others,
which contain or otherwise reflect such information. The term “Confidential Information” shall not
include such information that is or becomes generally available to the public other than as a result
of disclosure to Professional, or is required to be disclosed by a governmental authority under
applicable law.
10.18 Remedies.No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1)
this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both; and (2) the terms of this Agreement are not intended to release, either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
EXECUTED this _______ day of _____________________, 20___.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
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EXECUTED this _______ day of _____________________, 20___.
Professional
By:
Name: ____________________________________
Title: ____________________________________
Attest:
Corporate Secretary
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EXHIBIT A - FEASIBILITY STUDY
Owner:The Colony, TX
Project:The Colony New Recreation Facility - Feasibility Study
Scope :Architectural Services
Job No.:TBD
Date:1/8/2020
BRS
1.0 Scope of Services Duration Start Finish Fee
1.1 Project Kick-Off 1 wks TBD
a.Prepare for Kick-Off Meeting
Meeting 1 c.Team Visit to Five Star Site
b.Discuss:
Confirm time frame for work plan
Confirm project processes
Confirm client input process requirements
c.
$6,817
1.2 Work Period #1 - Project Analysis, Market & Demographic Research 3 wks
a.
b.Collect and review all data
c.
d.
e.Market Analysis $1,500
f.Operations Analysis $750
Prepare operational strategies & benchmarking data
g.Prepare materials for Workshop #1
$6,385
1.3 Workshop #1 - Project Analysis Results 2 days
Meeting 2 a.Meet with The Colony Project Team
Consider Ideal program elements and features
$2,918
Review operating budget & participation data of The Colony's existing Rec Center
Develop Cost Recovery considerations - Conceptual alternatives for consideration
Confirm Project mission, vision, goals and objectives
Review Market & Demographic Research Findings, National Benchmarks, Comparable Facilities Information, &
initial site considerations
Programming Card Game; Identify program elements for inclusion in development of project options
Project Administration, Minutes, Revise Work Plan as required, etc.
Confirm Project Meeting & Presentation Dates
Site Analysis including drainage & parking
Develop initial considerations for site layout options including parking & potential size of building on site
Market and demographic analysis, alternative provider/Competition analysis considerations
Prepare National Slide tour of potential recreation center program components
Consider Discuss Program Card Game Activity & Participants
Consider Discuss Development of Program Options
Consider Existing Site Conditions, Limitations, Parking & Other Considerations
Consider Phasing Options for Study
Consider Total Project Budget Approach
Consider Project Mission & Vision Statements / Factors for Success
Consider Identify Statekholders, Steering Committees, Interest Groups, etc.
Consider Market, demographic, and alternative provider anaylsis considerations
Consider Operational considerations/Cost Recovery Goals & Fee Tolerances
Consider Financing Opportunities
Confirm Previously developed demographic & community profile
Consider W ish-List program components and Program Options for Study
Request existing project information: Five Start Site Survey and Limitations, reports, etc.
Request Existing Facility Operating Budget and Participation Data for Review & Analysis
Consider dates for Site Visit, W orkshops, Meetings, and Presentations
Consider The Colony's mission, vision, goals and objectives for the project
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EXHIBIT A - FEASIBILITY STUDY
Owner:The Colony, TX
Project:The Colony New Recreation Facility - Feasibility Study
Scope :Architectural Services
Job No.:TBD
Date:1/8/2020
1.4 Work Period #2 - Develop Program Options, Site Analysis, Cost Analysis 4 wks
a.
b.
c.
d.
e.
f.
g.Create preliminary capital costs for each program
h.Create conceptual operational expenses and revenues models
i.Craft the preliminary Defining Design Guidelines
j.
eMeeting 1 Follow-Up with The Colony Team
Facilitate a W eb-Meeting for preliminary review of above topics
m.Revise program(s), as needed based on all input from Go-To-Meeting
n.Revise preferred program models & phasing options
o.Revise preliminary capital costs for each program
p.Refine the Mission Statement & Goals / Defining Design Guidelines
q.
r.
s.Prepare for W orkshop #2
$14,815
1.5 Workshop #2 - Program Confirmation and Commitment 1 Day
Meeting 3 a.
Confirm Discuss program areas that may be impacted by partner involvement
Confirm Discuss project budget and construction costs
$3,400
1.6 Work Period #3 - Refine Preferred Options, Develop Business Plan 4 wks TBD
a.Create meeting inutes and distribute
b.Finalize building and site analysis information to be used in final report
c.
d.
e.Develop phasing for each option
f.
g.$10,050
Business Plan for Phase 1 of Preferred Option
Business Plan for Full Build-out of Preferred Option
eMeeting 2 Follow-Up with The Colony Team
Facilitate a W eb-Meeting for review of above topics
Work Period #3A - Revise work per The Colony Team Input
a.Update work per input from The Colony Team
b.Create presentation materials for Workshop 3
$21,840
Refine preferred site plan opions - Identifying size options & placement on the site
Refinement of project model spreadsheet and detailed capital cost estimate for construction based on work to
date and selected program amenities
Proforma/Business Plan of Preferred Option including detailed anticipated expenses, staffing plan, services &
supplies plan, revenue generation, opperating hours, etc.
Work Period #2A - Revise work per The Colony Team Input
Refine conceptual building and site diagram options per client input
Revise operational expenses and revenues models and cost and fee structure for preferred programs
Confirm Present conceptual plan diagram options & architectural ideas reflecting defining design guidelines.
Select preferred options.
Confirm Present operational expenses, revenue model costs & fee structure for preffered program
Refine preferred space relationship diagrams
Site analysis write-up
Review work to date, surveys, program, plans, estimates and all previous data
Develop Conceptual programming based on Workshop #1 discussion and goals (3 Programs)
Develop site analysis, building size, and initial concept options based on feedback from W orkshop #1
Create options of proposed program spaces and area (SF) requirements
Create preliminary project budget model spreadsheet and detailed capital cost estimate for construction based on
work to date and "W ish list" program of amenities
Create meeting minutes and distribute
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EXHIBIT A - FEASIBILITY STUDY
Owner:The Colony, TX
Project:The Colony New Recreation Facility - Feasibility Study
Scope :Architectural Services
Job No.:TBD
Date:1/8/2020
1.7 Workshop #3 - Program and Design Relationship Confirmation 1 Day
Meeting 4 a. Team Meeting with The Colony Team
Commit to Project Program & Planning Diagrams
Commit to site plan development priorities and preferences
$2,658
1.8 Presentation to City Council 1 Day
Meeting 5 a.Presentation of site layout strategy and final buidling program assumptions
Collect comments, questions & preferences
$2,178
1.9 Graphics 2 Wks
a.
2.0 DELIVER FINAL FEASIBILITY REPORT
$2,783
$63,791
3.0 Reimbursable Expenses
1.2.1 Misc. Printing $200
1.2.2 Photocopies $150
1.2.3 Postage and Deliveries $50
1.2.4 Long Distance and Telephone $25
1.2.5 Travel /Mileage (Not-to-exceed Amount) (5) 1-person trips $4,356
Total Expenses $4,781
BRS LABOR SUBTOTAL $63,791
PROJECT TRAVEL & REIMBURSABLES $4,781
FEASIBILITY STUDY TOTAL FEE $68,572
SUBTOTAL BRS LABOR
Commit to findings of Market Analysis, Total Project Budget, Operating Cost Estimate, Operational Cost
Recovery Models, Profoma Findings, & Rate Structure Findings
Present Recreation Center Budget Model against goals & Final Operational Plan/Fee Structure
Refine all work products based on input received in W orkshop 3 & City Council Meeting
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT FOR PROFESSIONAL SERVICES WITH
BARKER RINKER SEACAT ARCHITECTURE, AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE
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 Council of the City of The Colony, Texas, has duly reviewed and
considered the contract for a professional services by and between the City of The Colony, Texas,
and Barker Rinker Seacat Architecture for the purpose of a feasibility study for a new recreation
center at Five Star East, with funding provided by the Community Development Corporation.
Section 3.The City Council of the City of The Colony, Texas, does hereby approve
and authorizes the City Manager to execute the contract for a professional services by and between
the City of The Colony, Texas, and Barker Rinker Seacat Architecture, attached hereto as Exhibit
A, and is incorporated herein for all purposes.
Section 4.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 21ST DAY OF JANUARY, 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Exhibit A
Contract for Professional Services
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Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution appointing a representative and alternate to the Denton County
Transportation Authority Board of Directors. (Council)
Suggested Action:
Attachments:
Res 2020-xxx DCTA Appointment.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _______
A RESOLUTION APPOINTING REPRESENTATIVES TO
THE DENTON COUNTY TRANSPORTATION AUTHORITY
WHEREAS,House Bill 3323, which became effective September 1, 2001, enables a County
to create a coordinated county transportation authority to provide public transportation and
transportation-related services; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.That the current representative to the Denton County Transportation Authority
Board is Allen Harris, who recently resigned on December 17, 2019.
SECTION 2.That the City Council of the City of The Colony hereby appoints a
representative ____________________ and ______________________as alternate representative to
the Executive Committee for the Denton County Transportation Authority.
SECTION 3.That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 21st day of January, 2020.
_________________________________
David Terre, Mayor Pro Tem
ATTEST:
_____________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation -
Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding 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).
C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation –
Pamela Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District
Court, Eastern District of Texas, Sherman Division.
Suggested Action:
Attachments:
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Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos
Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric
Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
C. Any action as a result of executive session regarding pending or contemplated litigation – Pamela Rogers,
et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District Court, Eastern
District of Texas, Sherman Division.
Suggested Action:
Attachments:
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