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HomeMy WebLinkAbout2023 0502Proclamation 54th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK April 30 - May 6, 2023 Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants, and Whereas, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and community. Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations. Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk. Now, Therefore, I, ____________________, Mayor of ______________________, do recognize the week of April 30 through May 6, 2023, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, _________________________________ and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this _________________________day of __________________________, 2023 Mayor Attest: ____________________________ MAYORAL PROCLAMATION WHEREAS,citizens of The City of The Colony recognize the vital role that swimming and aquatic-related activities relate to good physical and mental health and enhance the quality of life for all people; and WHEREAS, it is understood the essential part that Water Safety Education plays in preventing drowning and recreational water-related injuries; and WHEREAS, The City of The Colony is aware of the contributions made by the recreational water industry, and most specifically The Colony Aquatic Park, to provide programs and healthy places to recreate, learn and grow, build self-esteem, confidence and sense of self-worth which contributes to the quality of life in our community; and WHEREAS, it is vitally important to communicate information about Water Safety rules and programs to families and individuals of all ages, including private pool owners, or visitors to public facilities, lakes, and waterparks. NOW THEREFORE, I, Richard Boyer , Mayor of The City of The Colony do hereby proclaim the month of May, 2023, as National Water Safety Month. SIGNED and SEALED this 2 nd day of May, 2023 _______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________ Tina Stewart, City Secretary 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON APRIL 18, 2023 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 18 th day of April, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Mayor Pro Tem David Terre, Councilmember Perry Schrag, Deputy Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:32 p.m. 1.2 Invocation Pastor Mike Bishop with Lakeway Baptist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing the month of May as Mental Health Awareness Month and May 10th as Children’s Mental Health Awareness Day. Mayor recognized the month of May as Mental Health Awareness Month and May 10th as Children’s Mental Health Awareness Day. Pamela Santiago with Next Step and The City of The Colony’s Officer Carlos Henderson accepted the proclamation. 1.6 CASA of Denton County to receive Child Abuse Awareness Month Proclamation. Mayor proclaimed the month of April as Child Abuse Awareness Month. On behalf of CASA, Pattie Huestis accepted the proclamation. 1.7 Items of Community Interest Councilman Terre acknowledged the efforts of City Secretary Tina Stewart for receiving the Office Achievement of Excellence Award. City Council – Regular Meeting Agenda April 18, 2023 Page| 2 1.7.1 Receive presentation from the Library regarding upcoming events and activities. Assistant Library Director, Kate Margolis, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None. 3.0 WORK SESSION 3.1 Receive presentation from the Police Department regarding Automatic License Plate Readers. Hector Valdez with Flock Safety presented this item. Councilman Schrag arrived at 6:53 p.m. 3.2 Council to provide direction to staff regarding future agenda items. Councilmember Ensweiler requested a future agenda item concerning the new business development next to O’Reilly. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos 4.3 and 4.5 – Ensweiler; second by Holtz, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from April 4, 2023. 4.2 Consider approving a resolution authorizing the City Manager to issue a purchase order to Whaling Fire Equipment Inc. in the amount of $93,441.01 for the purchase of a new command apparatus to replace a 2012 Suburban assigned to the On-Duty Shift Commander - Battalion Chief 1. RESOLUTION NO. 2023-031 4.3 Consider approving a resolution authorizing the City Manager to execute a contract with Restroom Facilities Ltd, A CorWorth Company for the purchase and installation of a restroom facility for Kids Colony Splash Park in the amount of $134,410.00 to be funded by the Community Development Corporation. Motion to approve- Marks; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2023-032 City Council – Regular Meeting Agenda April 18, 2023 Page| 3 4.4 Consider approving a resolution authorizing the City Manager to execute a construction services contract in the amount of $126,480.00 with URETEC USA, Inc. for roadway lifting services on Manchester, Stonefield and Halifax in the Tribute. RESOLUTION NO. 2023-033 4.5 Consider approving a resolution authorizing the City Manager to accept a bid from SolidLines in the amount of $100,000 for the striping and traffic painting of various streets to be funded through the Utility Fund Balance. Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2023-034 5.0 REGULAR AGENDA ITEMS 5.1 Consider approving a resolution authorizing the City Manager to execute a construction services contract in the amount of $2,355,676.00 with Aushill Construction, LLC for the Squires Drive Street Paving, Vance Street Paving and Vaden Street 8 Inch Waterline Extension Project. Director of Engineering, Ron Hartline, gave an overview of this item. Motion to approve – Marks; second by Schrag, motion carried with all ayes. RESOLUTION NO. 2023 - 035 5.2 Discuss and consider approving a resolution casting the city's vote for a nominee to serve as a member of the Board of Managers for the Denco Area 9-1-1 District. Council provided discussion on this item. Motion to approve the nomination of Sue Tejml to serve on the Denco Area 9-1-1 District Board of Managers – Terre; second by Wade, motion carried with all ayes. RESOLUTION NO. 2023-036 Executive Session was convened at 7:53 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 City Council – Regular Meeting Agenda April 18, 2023 Page| 4 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 8:45 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:48 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM TO HEALTH SERVICES TO THE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND MARATHON HEALTH, LLC; 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, has duly reviewed and considered the second addendum to the agreement by and between the City of The Colony and Marathon Health, LLC., in the amount of $322,850.00 for continued services for continued operation of The Colony Wellness Center. Section 2. That this Agreement is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. 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 THE 2ND DAY OF MAY, 2023. ____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A GRANT REQUEST FOR THE CITY’S LOCAL SHARE PORTION IN A STATE OF TEXAS EVENTS TRUST FUND; AND PROVIDING FOR 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 execute a grant request for the city’s local share portion for a State of Texas Events Trust Fund in the amount of $70,480.00. The State of Texas will match the local share by 6.25:1 ratio. Section 2. That the City Manager or his designees are authorized to issue said grant request. Section 3. That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 2 ND DAY OF MAY 2023. ________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney Page 1 of 4 INTERLOCAL COOPERATIVE AGREEMENT This INTERLOCAL COOPERATlVE AGREEMENT ("the Agreement") is made and entered into by and between the NORTH TEXAS MUNICIPAL WATER DISTRICT, a district created pursuant to Section 59, Article XVI of the Texas Constitution, ("NTMWD") and CITY OF THE COLONY, TEXAS, ("), each organized and exist under the laws of the State of Texas, and acting by, through and under the authority of their respective governing bodies and officials. NTMWD and THE COLONY collectively referred to herein as the "parties" and individually referred to as a "party". RECITALS: WHEREAS, NTMWD and THE CO LO NY both local government entities under the laws of the State of Texas; and WHEREAS, Chapter 271 of the Texas Local Government Code authorizes local governments to participate in cooperative purchasing programs to purchase from a contract currently existing between another local government and a vendor; and WHEREAS, NTMWD currently has contract for products and/or ser vices, and THE COLONY has a need for same and desires to enter into a Cooperative Purchasing Agreement with NTMWD pursuant to Chapter 271 subchapter F. et seq. (Cooperative Purchasing Program) of the Texas Local Government Code; and WHEREAS, a local government that purchases good and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services; and WHEREAS, participation in this Agreement will be highly beneficial to the taxpayers of both NTMWD and THE COLONY through the anticipated savings to be realized and is of mutual concern to the parties; NOW THEREFORE, inconsideration of the mutual promises and covenants set forth in this Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, NTMWD and THE COLONY do hereby agree as follows: 1. INCORPORATION OF RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this Agreement for all purposes. 2. PURPOSE. NTMWD and THE COLONY may cooperate in the purchase of various goods and services commonly utilized by the parties, where available and applicable, and may purchase goods and services from vendors under present and future contracts in order to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest extent possible, with one another and with agencies of the state. Interlocal Cooperative Agreement - North Texas Municipal Water District with City of The Colony Page 2 of 4 3. COMPENSATION. NTMWD shall have no obligations for payment to vendor for any services or goods incurred under this Agreement. Any payments owed to the vendor by THE COLONY for goods or services shall he paid directly by THE COLONY and shall be paid from current available revenues. 4. DUTIES OF THE PARTIES; (a) Duties of THE COLONY THE COLONY agrees to prepare, execute, place orders directly with, and administer its own contract with the vendor. NTMWD shall not be a party to the agreement with the vendor and THE COLONY. T H E C O L O N Y will be responsible for the vendor's compliance with provisions relating to the quality of items and terms of delivery and any other terms or conditions of its agreement with the vendor. THE COLONY shall designate an official representative to act on behalf of THE COLONY for all matters related to this Agreement. (b) Duties of NTMWD - NTMWD shall designate an official representative to act on behalf of NTMWD for all matters related to this Agreement. 5. HOLD HARMLESS. Each partv does hereby agree to waive all claims against, release, and h old harmless the other partv and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits. demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this agreement. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, h owever, waiving any governmental immunity available to either party individually under Texas law. NTMWD shall be responsible for its sole negligence, THE COLONY shall be responsible for its sole negligence. The provisions of this paragraph arc solely for the benefit of the parties hereto and are n ot intended to create or grant any rights, contractual or otherwise, to any other person or entity. 6. TERM. The Agreement shall be in full force and effect from the date of execution and shall continue unless terminated by either party as set forth herein. 7. TERMINATION. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. lnterlocal Cooperative Agreement- North Texas Municipal Water with City of The Colony Page 3 of 4 8. AUTHORIZATION. The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties. THE COLONY has executed this Agreement pursuant to the authorized administrative resolution number approved on . 9. COUNTERPARTS. This Agreement may be executed separately by the parties, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 10. RELATIONSHIP OF PARTIES. This Agreement i s not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 11. NOTICE. Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) business days of any change in the information listed in this paragraph. NTMWD CITY OF THE COLONY Executive Director City Manager (or designee) North Texas Municipal Water District City of The Colony PO Box 2408 6800 Main Street Wylie, Texas 75098-2408 The Colony, Texas 75056 12. AMENDMENT. This Agreement may be amended only by the mutual written agreement of both parties hereto. 13. ASSIGNMENT. This Agreement may not be assigned without the prior mutual written consent of both parties. 14. 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, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 15. GOVERNING LAW/VENUE. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County,Texas. lnterlocal Cooperative Agreement- North Texas Municipal Water with City of The Colony Page 4 of 4 16.ENTIRETY OF AGREEMENT.This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement . 17.COUNTERPARTS.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective uponexecution and dating by each party.This Agreement shall be effective fromthe last date signed byan authorized representative of each participating party. ACCEPTED AND AGREED: NORTH TEXAS MUNICIPAL WATER DISTRICT: Authorized Designee Print Name Authorized Designee Signature ATTEST: Signature NTMWD CITY OF THE COLONY Mayor (or Authorized Designee)Print Name Mayor (or Authorized Designee) Signature Signature The Colony ATTEST Printed Name and Title Jennafer P. Covington, Executive Director Leann Bumpus, Executive Administrative Asst. CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NORTH TEXAS MUNICIPAL WATER DISTRICT FOR GOODS AND SERVICES; 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 Agreement with North Texas Municipal Water District for goods and services, attached hereto as Exhibit A, and is incorporated herein for all purposes. Section 3.The City Council of the City of The Colony, Texas, does hereby approve and authorizes the City Manager to execute the Agreement with North Texas Municipal Water District for goods and services, 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 THE 2ND DAY OF MAY 2023. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____ Jeffrey L. Moore, City Attorney Exhibit A Agreement 1 City of The ColonyParks & Recreation To: Mayor and City Council From: Andrea DuArte, Recreation Coordinator CC: Troy Powell, City Manager Lindsey Stansell, Recreation Manager Date: 4/5/2023 Re: Standards of Care for Kidz Kamp Having a standards of care ordinance allows the City to receive an exemption certificate from the Texas Department of Family Protective Services, which states that we are not a licensed day care facility and as a municipal recreation program are not subject to the same rules and regulations as a licensed day care facility. We put together our own Standards of Care policy in 2012 and update it annually. The policy is attached as Exhibit A, along with an ordinance to adopt these Standards of Care. The Standards of Care lay out our minimum operating standards when conducting our Day Camp programs. Currently, Day Camps are conducted 4 times throughout the year (Summer, Spring Break, and during the Thanksgiving and Christmas holidays). Our Standards of Care policy was reviewed by staff in the Child Care Licensing division at the Texas Department of Family and Protective Services in 2012. After their review they stated that our Standards of Care contain everything that they require to receive the exemption certificate. DFPS staff has confirmed for us that nothing within their policy has changed since 2012 and our policy still meets their requirements. As part of the DFPS requirements, the policy must be adopted by City Council on an annual basis in order to maintain our exemption certificate through the Texas Department of Family and Protective Services. If you have any questions, please let me know. Parks & Recreation staff recommends approval of this policy and ordinance as written. City of The Colony Standards of Care for Kidz Kamp Camp Program PURPOSE The following Standards of Care are intended to be minimum standards by which the Kidz Kamp day camp program. This program operated by the City of The Colony is recreational in nature and are not licensed by the State of Texas nor operated as day care program. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1. The governing body of the City of The Colony Kidz Kamp program is The Colony City Council. 2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4. The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5. Parents of participants will be provided access to a current copy of the 6. Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a. A felony or misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency c. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; d. Any offense involving moral turpitude; e. Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1. City: City of The Colony. 2. City Council: City Council of the City of The Colony. 3. Department: Parks and Recreation Department. 4. Director: City of The Colony Director of Community Services. 5. Kidz Kamp: City of the Colony youth camp programs held during school holidays. 6. Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7. Recreation Coordinator Kidz Kamp program. 8. Recreation Administrative Manager: Recreation Coordiantor s supervisor Kidz Kamp program in the Recreation Coordinator 9. Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, Kidz Kamp program. 10. Program Site: The Colony Recreation Center or LISD schools. 11. Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Kidz Kamp. 12. Parent(s): A parent or guardian who has legal custody and authority to Kidz Kamp. C. Inspection/Monitoring/Enforcement 1. The Recreation Coordinator will make visual inspections of the program based on the following schedule: a. Summer Kidz Kamp will be inspected twice during the summer. b. Holiday Kamp (Thanksgiving and Winter) will be inspected once. c. Spring Break Kamp will be inspected once. 2. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Coordinator. The Recreation Coordinator will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Administrative Manager and the complaint and resolution will be noted. D. Enrollment 1. Before a child can be enrolled, a parent/guardian must sign registration forms that contain the a. Name, address, home telephone number b. s during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator and Recreation Administrative Manager. The Recreation Administrative Manager will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing Responsibilities and Training 1. Recreation Coordinator and Recreation Administrative Manager a. Recreation Coordinator and Recreation Administrative Manager are full- time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Coordinator and Recreation Administrative Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Coordinator and Recreation Administrative Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Coordinator and Recreation Administrative Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Coordinator daily operations in compliance with the adopted Standards of Care. f. Recreation Coordinator is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Coordinator is responsible for planning, implementing, and evaluating programs. 2. Kidz Kamp Staff a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i. Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j. Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. c. Program employees must be familiar with the Standards of Care for Kidz Kamp program as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program emplo parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: - Alternating active and passive activities; - Opportunity for individual, small and large group activities, and - Outdoor time each day as weather permits c. safety on field trips and during any transportation provided by the program. - During trips, program employees must have access to emergency medical forms and emergency contact information for each participant - Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location - Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Coordinator will make available the following telephone numbers to all employees at each site: - Emergency services - The Colony Police Department dispatch - Parks and Recreation Department - Poison Control - Numbers at which parents/guardians may be reached - Recreation Coordinator - Telephone and address for the program site itself - Field trip destinations 5. Transportation a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Supervisor. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for t d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Non-prescription medications are labeled with the parti the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed from buildings daily. CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING DAY CAMP STANDARDS OF CARE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,Section 42.041 of the Texas Human Resources Code provides generally that no person may operate a child-care facility or child-placing agency without a license issued by the Texas Departmentof Family and Protective Services.Moreover, Section 42.041(b)(14) of the Texas Human Resources Code provides this statutory requirement does not apply in pertinent part to an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, ata minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; and WHEREAS,the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfareof the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council hereby adopts day camp Standards of Care to be conducted by the Parks and Recreation Department, a copy of which is attached hereto as Exhibit “A.” SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. 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 2 ND DAY OF MAY 2023. APPROVED: ___________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeffrey L. Moore, City Attorney Exhibit “A” City of The Colony Standards of Care for Kidz Kamp Camp Program PURPOSE The following Standards of Care are intended to be minimum standards by which the City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp day camp program. This program operated by the City of The Colony is recreational in nature and are not licensed by the State of Texas nor operated as day care program. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1. The governing body of the City of The Colony Kidz Kamp program is The Colony City Council. 2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4. The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5. Parents of participants will be provided access to a current copy of the Standards of Care through the City’s web site. 6. Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a. A felony or misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency c. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; d. Any offense involving moral turpitude; e. Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1. City: City of The Colony. 2. City Council: City Council of the City of The Colony. 3. Department: Parks and Recreation Department. 4. Director: City of The Colony Director of Community Services. 5. Kidz Kamp: City of the Colony youth camp programs held during school holidays. 6. Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7. Recreation Coordinator: City of The Colony’s full time programmer who has been assigned administrative responsibility for the City of The Colony’s Kidz Kamp program. 8. Recreation Administrative Manager: Recreation Coordiantor’s supervisor who will handle administrative responsibility for the City of The Colony’s Kidz Kamp program in the Recreation Coordinator’s absence 9. Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony’s Kidz Kamp program. 10. Program Site: The Colony Recreation Center or LISD schools. 11. Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony’s Kidz Kamp. 12. Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony’s Kidz Kamp. C. Inspection/Monitoring/Enforcement 1. The Recreation Coordinator will make visual inspections of the program based on the following schedule: a. Summer Kidz Kamp will be inspected twice during the summer. b. Holiday Kamp (Thanksgiving and Winter) will be inspected once. c. Spring Break Kamp will be inspected once. 2. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Coordinator. The Recreation Coordinator will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Administrative Manager and the complaint and resolution will be noted. D. Enrollment 1. Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child’s: a. Name, address, home telephone number b. Parent/Guardian’s name, address and telephone numbers during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement of the child’s special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator and Recreation Administrative Manager. The Recreation Administrative Manager will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing – Responsibilities and Training 1. Recreation Coordinator and Recreation Administrative Manager a. Recreation Coordinator and Recreation Administrative Manager are full- time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Coordinator and Recreation Administrative Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Coordinator and Recreation Administrative Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Coordinator and Recreation Administrative Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Coordinator is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. f. Recreation Coordinator is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Coordinator is responsible for planning, implementing, and evaluating programs. 2. Kidz Kamp Staff a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i. Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j. Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. c. Program employees must be familiar with the Standards of Care for Kidz Kamp program as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participants’ parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants’ age, interests and abilities. The activities will be appropriate to participants’ health, safety and well being. The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: - Alternating active and passive activities; - Opportunity for individual, small and large group activities, and - Outdoor time each day as weather permits c. Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. - During trips, program employees must have access to emergency medical forms and emergency contact information for each participant - Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location - Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Coordinator will make available the following telephone numbers to all employees at each site: - Emergency services - The Colony Police Department dispatch - Parks and Recreation Department - Poison Control - Numbers at which parents/guardians may be reached - Recreation Coordinator - Telephone and address for the program site itself - Field trip destinations 5. Transportation a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Supervisor. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for the participants’ use. d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with the participants’ name, a date, directions and the physician’s name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed from buildings daily. 1 CITY COUNCIL REPORT AGENDA DATE: May 2, 2023 DEPARTMENT: Planning and Zoning Department SUBJECT: SP23-0002 Building H2 at Grandscape Lifestyle Center - PopStroke Discuss and consider an ordinance regarding the Site Plan application PopStroke, an approximately 67,745 square-foot indoor/outdoor Commercial Amusement facility within Lot 3R, Block A. pe Lifestyle Center, north of the intersection of Destination Drive and Grove Lane within Planned Development 25 (PD-25). OWNER/APPLICANT Owner: LMG Ventures, LLC Omaha, Nebraska Applicant: Wyatt Popp Plano, Texas Olsson EXISTING CONDITION OF PROPERTY The subject site is currently undeveloped. ADJACENT ZONING AND LAND USE North - Planned Development 25 (PD-25) Grandscape Lifestyle Center South - Planned Development 25 (PD-25) Grandscape Lifestyle Center East - Planned Development 25 (PD-25) Grandscape Lifestyle Center West - Planned Development 25 (PD-25) Grandscape Lifestyle Center PROPOSED DEVELOPMENT The applicant proposes the development of an approximately 67,745 square foot Commercial Amusement facility that offers an approximately 57,183 square foot of outdoor amusement and 10,562 square foot point of sale, bar and restaurant, beer gardens, and accessory building. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of the PD-25 Ordinance, The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report and recommends approval. PRIOR ACTION On April 11, 2023, the Planning and Zoning Commission voted (6-0) to recommend approval of the Site Plan for PopStroke an approximately 67,745 square-foot indoor/outdoor Commercial Amusement facility within Lot 3R, Block A. The subject site is the Grandscape Lifestyle Center, north of the intersection of Destination Drive and Grove Lane within the Planned Development 25 (PD-25), Grandscape. 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan Exhibits 4. Applicant Narrative 5. Proposed Ordinance ATTACHMENT 1 Staff Analysis Land Use Analysis The applicant is proposing to develop a portion of the Lifestyle Center as a commercial amusement (outside) facility for a mini golf amusement and restaurant bar facility. Commercial Amusement uses are allowed by-right in the Planned Development 25 (PD-25). Development, and is consistent with other proposed commercial amusement facilities such as Fireside Surf and . Elevations The elevation plan reflects a contemporary aesthetic with elevations consisting predominately of stucco, including fiber cement, metal panels and louvers, and fenestration. The color palette mainly consists of white, cream, gray, blue and black. The color selection and percentages are consistent with other projects within the overall development. Circulation and Parking The subject site is an interior building without traditional parking adjacent to the building. The parking will be provided out of the existing parking fields to the north across Grandscape Boulevard and from the adjacent Garage 3. The proposed development requires 92 parking spaces; the aforementioned parking areas provide the required parking for the site. Landscaping The proposed development will contain a synthetic turf green with tree and shrub vegetation throughout the golfing area. Tree selections includes a mix of canopy trees, ornamental trees, and a selection of windmill palms for placemaking. The landscape is lush with additional evergreen shrubs, flowering shrubs, and ornamental grasses. The proposed development is located within and adjacent to the Lifestyle Center 2C interior. The 2C interior is established as a centralized shared amenity area containing fountains, seating, landscape and an event lawn. This area contains a variety of large and, small ornamental trees, shrubs, and ground cover consistent with the overall landscape intents of the Grandscape Lifestyle Center. approximately 302,824 square feet of landscape within the 2C interior amenity. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of the PD-25 Ordinance, The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report and recommends approval. 3 5752 5740 4450 5760 5754 5774 5730 5750 5780 5762 4427 4347 4301 4101 4201 4001 5768 5772 P D 2 5 This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: SP23-0002 - PopStroke SP23-0002 Planned Development, PD25 Subject Area CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023-____ SITE PLAN – BUILDING H2 AT GRANDSCAPE LIFESTYLE CENTER - POPSTROKE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “POPSTROKE” AN APPROXIMATEY 67,745 SQUARE FOOT COMMERCIAL INDOOR/OUTDOOR AMUSEMENT FACILITY LOCATED WITHIN LOT 3R, BLOCK A, BUILDING H2 OF THE GRANDSCAPE ADDITION, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, CONTAINING APPROXIMATELY 1.56 ACRES AND LOCATED NORTHEAST OF THE INTERSECTION OF DESTINATION DRIVE AND GROVE LANE WITHIN THE PLANNED DEVELOPMENT 25 ZONING DISTRICT (PD- 25), AKA GRANDSCAPE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP23-0002 for “Popstroke” an approximately 67,745 square foot Commercial indoor/outdoor amusement facility located within Lot 3R, Block A, Building H2 of the Grandscape Addition, an addition to the City of The Colony, Denton County, Texas, containing approximately 1.56 acres and located northeast of the intersection of Destination Drive and Grove Lane within the Planned Development 25 Zoning District (PD-25) AKA Grandscape, should be approved. 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 the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and building elevations, applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section ofthis Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 2ND DAY OF MAY 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney Exhibit A 1 CITY COUNCIL REPORT AGENDA DATE: May 2, 2023 DEPARTMENT: Planning and Zoning Department ______________________________________________________________________________ SUBJECT: SP23-0003 Building H1 at Grandscape Lifestyle Center - Cosm Discuss and consider an ordinance regarding approximately 69,992 square-foot indoor Commercial Amusement facility within Lot 3R, Block enter, north of the intersection of Destination Drive and Grove Lane within Planned Development 25 (PD-25). APPLICANT/OWNER Owner: LMG Ventures, LLC Omaha, Nebraska Applicant: Wyatt Popp, P.E. Olsson Plano, Texas EXISTING CONDITION OF PROPERTY The subject property is currently the undeveloped Lot 3R, Block A within the Lifestyle Center at Grandscape. The surrounding area is mostly developed with commercial retail, restaurant and entertainment uses. PROPOSED DEVELOPMENT The applicant requests to develop an approximately 69,992 square-foot building intended for activities within the 90-acre Lifestyle Center at Grandscape. ADJACENT ZONING AND LAND USE North - Planned Development 25 (PD-25) Grandscape South Planned Development 25 (PD-25) Grandscape East - Planned Development 25 (PD-25) Grandscape West - Planned Development 25 (PD-25) Grandscape DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds that proposed Site Plan meets the requirements of the Zoning Ordinance as outlined in the Staff Report. PRIOR ACTION On April 11, 2023, the Planning and Zoning Commission voted (6-0) to recommend approval of the Site Plan for Cosm an approximately 69,992 square-foot indoor Commercial Amusement facility within Lot 3R, Block A. The subject site is Grandscape Lifestyle Center, north of the intersection of Destination Drive and Grove Lane within the Planned Development 25 (PD-25), Grandscape. ATTACHMENTS 2 1. Staff Analysis 2. Location Map 3. Project narrative 4. Proposed Development Plans ATTACHMENT 1 Staff Analysis Land Use Analysis The applicant is proposing to develop the subject site for an operation providing a social, dining and primarily immersive entertainment referred to as shared reality. The facility is permitted within the Planned Development 25 (PD-25) Galaxy Theater, and Electric Gamebox. Elevations The elevation plan reflect facades containing modern architecture in an earth tone color pallet, which includes shades of grey and a variety of material changes, and multi-colored accents. The color selection and percentages are consistent with other establishments within the Grandscape development. The facades consist predominately of masonry material and accented materials with the following percentages: North Elevation (%): Cast Stone: 30 Limestone Panel: 13 Glazed Aluminum: 30 Aluminum Panel: 4 EFIS: 18 Glazing: 5 West Elevation (%): Cast Stone: 8 Limestone Panels: 43 Glazed Aluminum: 22 Metal Panel: 9 EFIS: 18 East Elevation (%): Limestone Panel: 3 EFIS: 97 South Elevation (%): Wall Louver: 6 Limestone Panel: 2 Doors and Opening: 2 Mechanical screen: 90 Key features of the elevations include the glazing, decorative aluminum panels and articulations that emphasize the curtain wall and establish the approximately 6,000 square foot terrace on the upper level. The primary façade contains horizontal and vertical articulations. The unarticulated façade along the rear corridor is finished such that long runs are interrupted by visible joints. The maximum building height is reflected at sixty-three (63 allest point of the structure. Roof top equipment is provided and is screened by setback and behind the extent of the parapets. Infrastructure Improvements No infrastructure improvements are provided at this time. Circulation and Parking 3 The subject site is an interior building and will not contain any traditionally parking adjacent to the building. The parking will be provided out of the existing parking fields to the north across Grandscape Boulevard and from the adjacent Garage 3. The proposed development requires 91 parking spaces; the aforementioned parking areas provide the required parking for the site. Landscaping The proposed development is located within and adjacent to the Lifestyle Center 2C interior. The 2C interior is established as a centralized shared amenity area containing fountains, seating, landscape and an event lawn. This area contains a variety of large and, small ornamental trees, shrubs, and ground cover consistent with the overall landscape intents of the Grandscape Lifestyle Center. within the 2C interior; the required 10% landscape dedication is provided within the approximately 302,824 square feet of landscape within the 2C interior amenity. Development Review Committee Review The Development Review Committee (DRC) finds that proposed Site Plan meets the requirements of the Zoning Ordinance and recommends approval. CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - ________ SITE PLAN – BUILDING H1 AT GRANDSCAPE LIFESTYLE CENTER - COSM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “COSM” AN APPROXIMATEY 69,992 SQUARE FOOT INDOOR COMMERCIAL AMUSEMENT FACILITY LOCATED WITHIN LOT 3R, BLOCK A, BULIDING H1AT GRANDSCAPEADDITION, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND LOCATED NORTHEAST OF THE INTERSECTION OF DESTINATION DRIVE AND GROVE LANE WITHIN THE PLANNED DEVELOPMENT 25 ZONING DISTRICT (PD-25), AKA GRANDSCAPE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP23-0003 for “Cosm” an approximately 69,992 square-foot indoor Commercial Amusement facility located within Lot 3R, Block A, Building H1 of the Grandscape Addition, an addition to the City of The Colony, Denton County, Texas, and located northeast of the intersection of Destination Drive and Grove Lane within the Planned Development 25 Zoning District (PD-25) AKA Grandscape, should be approved. 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 the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and building elevations, applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 2ND DAY OF MAY 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart,TRMC, CMC,City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney Exhibit A 1 CITY COUNCIL STAFF MEMO AGENDA DATE:May 2, 2023 DEPARTMENT:Planning and Development PLANNER:Isaac Williams, Planning Director SUBJECT:Distance Requirement Variance- 5701 SH 121, Suite 105 Discuss and consider a request for a Bar, Lounge and Tavern establishment known as Tipsy Trip, to 1) be located approximately 295 feet from The Learning Experience daycare center, where a minimum of 300 feet are required, and 2) be located approximately 580 feet from The Thirsty Growler, and approximately 940 from Loyalty Liquors, where a minimum of 1,000 feet are required. The subject site is located at 5701 SH 121, Suite 105 within The Planned Development 16 (PD-16) zoning district. APPLICANT: Applicant Zeeshan Surani A&A Liquid Ventures Fort Bend, TX BACKGROUND Staff received and began review for a TABC license and interior remodel permits for the proposed Tipsy Trip located at 5701 SH 121 Suite 105. Certain types of TABC license reviews, prompt an evaluation of the City [and State] distance requirements. The customary review revealed the proposed establishment is located in a suite that is within close proximity to a The Learning Experience [daycare facility], the Thirsty Growler [Bar, Lounge and Tavern category] and a Loyalty Liquors [Beverage Store]. Staff conducted a site visit and measured the distance of the proposed establishment to the nearby daycare and alcohol selling establishments. Staff found the proposed suiteis locatedapproximately 295 feet from The Learning Experience daycare center, (300 foot separation is required), and approximately 580 feet from The Thirsty Growler, and approximately 940 feet from Loyalty Liquors (1,000 foot separation is required from each). The City previously required Bar, Lounge and Tavern uses to secure Specific Use Permit approval prior to the commencement of operations. If the proposed use did not meet the minimum distance requirement, then a condition of the SUP to allow a reduction of the distance requirement was incorporated in to the SUP approval. An Ordinance update (Ordinance 2023-2504) now permits Bar, Lounge and Tavern establishments “by-right” with adherence to the required distance regulations CONSIDERATIONS According to Sections: (10-2206) It shall be unlawful for any person who operates a beverage store, bar, lounge or tavern, or private club with bar service to sell alcoholic beverages where the said beverage store, bar, lounge, or tavern, or private club with bar service is within 300 feet of any existing day care center or private school. 2 The measurement of the distance between said beverage store or bar, lounge or tavern and a day care center or private school shall be in a straight line in all directions from the said beverage store or bar, lounge or tavern to the nearest point of the day care center or private school. The measurement for a structure shall be taken from the nearest point that a structure extends in any direction, including overhanging roofs and all projections or portions of said structures. (10-2207) It shall be unlawful for any beverage store, bar, lounge, or tavern, or private club with bar service to be constructed, erected or placed closer than 1,000 feet to another beverage store, bar, lounge or tavern, or private club with bar service. The measurement of the distance between said beverage store, or bar, lounge or tavern and another such facility shall be in a straight line in all directions from the said beverage store or bar, lounge or tavern to the nearest point of other such facility. The measurement for a structure shall be taken from the nearest point that a structure extends in any direction, including overhanging roofs and all projections or portions of said structures. The aforementioned Loyalty Liquors Beverage Store secured a SUP with the conditions [Ordinance No.2018-2325] to allow a distance of less than 1,000 feet to Bar, Lounge or Tavern establishment [Thirsty Growler] ATTACHMENTS 1. Location Map 2. Distance Maps 3. Photos (Site and Measurement) 4. Proposed Ordinance 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, GRANTING A VARIANCE TO THE DISTANCE REQUIREMENTS PURSUANT TO SECTION 109.33(E) OF THE TEXAS ALCOHOLIC BEVERAGE CODE CONCERNING THE SALE OF ALCOHOLIC BEVERAGES BY AN ESTABLISHMENT CALLED TIPSY TRIP GENERALLY LOCATED AT 5701 STATE HIGHWAY 121, SUITE 105, THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 109.33 of the Texas Alcoholic Beverage Code authorizes the City of The Colony, Texas, by ordinance to prohibit the sale of alcoholic beverages within 300 feet of a church, public school, private school, or public hospital; and WHEREAS,Section 109.331 of the Texas Alcoholic Beverage Code authorizes the City of The Colony, Texas, by ordinance to prohibit the sale of alcoholic beverages within 300 feet of a day-care center or child-care facility; and WHEREAS,Section 109.33(e) of the Texas Alcoholic Beverage Code provides the authority for the City Council of the City of The Colony, Texas, to grant variances to the distance requirements should the City Council determine “that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the court or governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community;” and WHEREAS,Section 109.57(d) of the Texas Alcoholic Beverage Code provides the authority for the City Council of the City of The Colony, Texas, “to regulate, in a manner as otherwise permitted by law, the location of: . . . . (2) an establishment that derives 75 percent or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages.” NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the foregoing recitals are hereby found to be trueand correct legislative findings of the City of The Colony, Texas, and are fully incorporated into the body of this Ordinance. SECTION 2.That the City Council of the City of The Colony, Texas, pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code does hereby grant a variance to the distance requirements contained in Chapter 10, Section 10-2200 to 10-2207 of the Comprehensive Zoning 2 Code of the City of The Colony, Texas, to Tipsy Trip establishment generally located at 5701 State Highway 121, Suite 105, The Colony, Texas. SECTION 3.That the City Council of the City of The Colony, Texas, does hereby find and determine that the enforcement of the distance requirements on Tipsy Trip establishment located at 5701 State Highway 121, Suite 105, The Colony, Texas, is not in this instance in the best interest of the public and City, constitutes waste or inefficient use of land and other resources, creates an undue hardship for the establishment, and does not serve its intended purpose. 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. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 2ND DAY OF MAY 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney