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Agenda Packet TC 07/18/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom5:30 PMMonday, July 18, 2011 AMENDED CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION - 5:30 P.M. 1.2011-331-T Management Budget Update. Budget Calendar 11-12.pdfAttachments: 2.2011-320-T Salary Analysis Discussion. 3.2011-321-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for July 18, 2011. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Town Council 1 of 146 Meeting Date: July 18, 2011 July 18, 2011Town Council Meeting Agenda 4.2011-248-T Consider and take appropriate action regarding the Minutes dated May 2, 2011. May 2, 2011 Minutes.pdfAttachments: 5.2011-249-T Consider and take appropriate action regarding the Minutes dated May 9, 2011 (Special Session). May 9 2011 Minutes.pdfAttachments: 6.2011-284-T Consider and take appropriate action regarding the Minutes dated May 23, 2011. May 23, 2011 Minutes.pdfAttachments: 7.2011-317-T Consider and take appropriate action regarding the Minutes dated June 3, 2011 (Council & Management Team Retreat). June 3, 2011 Minutes.pdfAttachments: 8.2011-318-T Consider and take appropriate action regarding the Minutes dated June 6, 2011. June 6, 2011 Minutes.pdfAttachments: 9.2011-319-T Consider and take appropriate action regarding the Minutes dated June 20, 2011. June 20, 2011 Minutes.pdfAttachments: 10.2011-323-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Article XVIII entitled "Job Site Maintenance" of Chapter 3 entitled “Buildings and Construction” of the Code of Ordinances of the Town; providing for a penalty; and providing an effective date. ORD 2011-25 Dumpsters_amended - redlined.pdf ORD 2011-25 Dumpsters_amended - clean.pdf Attachments: PUBLIC HEARING 11.2011-336-T Public Hearing to consider a request for a replat of Lot 1, Block A, Trophy Club Plaza. Applicant: Regency Centers, L.P. (RP-11-018) 12.2011-334-T Public Hearing to consider a request for approval of an amendment to Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. Applicant: Regency Centers, L.P. (PD-AMD-11-037) Staff Report - TC.pdf Application.pdf Newspaper - Public Hearing Notice - PD-21.pdf Property Owner Notification.pdf Property Owners - PD-21.pdf Attachments: Town Council 2 of 146 Meeting Date: July 18, 2011 July 18, 2011Town Council Meeting Agenda 13.2011-313-T Public Hearing to consider a request for approval of an amendment to Planned Development No. 13 (PD-13), the “Village”, Ordinance No. 95-20, Exhibit “C” Development Standards to allow a Liquor Store use to the list of Permitted Uses for Tract I. Applicant: Grace Development (PD-AMD-11-036) Staff Report - TC.pdf Application.pdf Newspaper Public Hearing Notice.pdf Property Owner Notification - Text.pdf Property Owners - PD-13.pdf Attachments: 14.2011-332-T Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) Staff Report - TC.pdf Application - Centennial SUP.pdf Public Hearing Notice - Newspaper - PD-13.pdf Property Owner Notification of Public Hearing - SUP Liquor Store.pdf Property Owners - PD-13.pdf Example - Humidor.pdf Example - Wine Tasting Bar.pdf Store Interior - Shelf Display.pdf Store Interior - Wine Display.pdf Attachments: REGULAR SESSION 15.2011-316-T Consider and take appropriate action regarding an Ordinance amending Planned Development No. 13 (PD-13), “Village”, Ordinance No. 95-20, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1; providing a penalty; and providing an effective date. Applicant: Grace Development (PD-AMD-11-036) ORD 2011-26 PZ Liquor Store PD 13.pdfAttachments: 16.2011-333-T Consider and take appropriate action regarding a request for a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) 17.2011-335-T Consider and take appropriate action regarding an Ordinance amending Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive; providing a penalty; and providing an effective date. ORD 2011-27 PZ Liquor Store PD 21.pdfAttachments: Town Council 3 of 146 Meeting Date: July 18, 2011 July 18, 2011Town Council Meeting Agenda 18.2011-352-T Consider and take appropriate action regarding the award/rejection of bids for Landscape Maintenance, apparent low bidder, D&D Mowing, for an amount not to exceed $274,935.00; and authorizing the Town Manager or his designee to execute necessary documents; or alternatively, direct Town Staff to make expenditures as budgeted in the 2010-2011 Budget to provide landscape maintenance services in-house. Landscape Maintenance RFP bid tab.pdf Median & Common Area Operation Costs.pdf Median Map - Group 1.pdf Median Map - Group 2.pdf Median Map - Group 3.pdf Median Map - Group 4.pdf Attachments: 19.2011-354-T Consider and take appropriate action regarding any matters related to the Trophy Club America Supporting Americans program. BFair Resignation.pdfAttachments: 20.2011-324-T Consider and take appropriate action regarding rescheduling the September 5, 2011 (Labor Day) meeting and scheduling Council meetings for the months of August and September. Budget Calendar 11-12.pdfAttachments: 21.2011-326-T Consider and take appropriate action regarding financial and variance report dated June 2011. June 2011 Monthly Financial Report.pdfAttachments: 22.2011-327-T Town Council Liaison Updates; discussion of same: - June 28 and July 11, 2011 EDC 4B Meetings - Council Member Strother - July 12, 2011 Parks & Recreation Meeting - Mayor Pro Tem Hoover 23.2011-328-T Town Manager Slye's update regarding the following; discussion of the same. - Investment Policy Certification - Elevated Water Storage Tank Update - Highlands Development Update - Logo/Website RFP Update Investment Policy Certification.pdf Elevated Storage Tank - 1.pdf Elevated Storage Tank - 2.pdf Neighborhood Data - As of June 2011.pdf Attachments: 24.2011-329-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - June 24, 2011 Denton County's Mayor's Roundtable Luncheon - June 28, 2011 Congressman Burgess' Town Hall Meeting - June 29 and July 12, 2011 TML Webinar - SB 100: Understanding the Impact! Town Council 4 of 146 Meeting Date: July 18, 2011 July 18, 2011Town Council Meeting Agenda 25.2011-330-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, July 14, 2011 by 6:30 P.M. in accordance with Chapter 551, Texas Government Code. ______________________________ Shannon DePrater, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2011. ________________________________, Title: ___________________________ Town Council 5 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-331-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Management Budget Update. Attachments:Budget Calendar 11-12.pdf Action ByDate Action ResultVer. TITLE Management Budget Update. Town Council 6 of 146 Meeting Date: July 18, 2011 BUDGET CALENDAR 2011-12 March 11 Friday • Council Retreat - Budget Philosophy and Calendar Discussion March 18 Friday • Capital Needs Requests provided to Managers April 1 Friday • Capital Needs Requests due from Managers April 18 Friday April 25 Monday May 2 Monday May 5 - 6 Thursday-Friday • Management Team Strategic Business Planning Retreat May 11 Wednesday • Base Budgets due back from Managers June 3 Friday • 2011-2012 Budget Overview with Council – Retreat July 18 Monday • Management Budget Update with Council – 5:30PM Workshop July 25 Monday July 29 Friday • Hand Deliver Hard Copy Proposed Budget to Council Members July 31 Sunday August 1 Monday August 12 Friday • Council Workshop - Budget Discussion - 1:00 PM August 15 Monday September 12 Monday September 19 Monday September 26 Monday October 1 Saturday • Fiscal Year 2011-2012 Begins • Mid-Year Review Presentation to Council & Review of Capital Needs with Managers • Denton County Appraisal District Submits Preliminary Tax Values • Tarrant County Appraisal District Submits Preliminary Tax Values • Certified Appraisal Roll Due from Denton Central Appraisal District • Town Manager submits the 2011-2012 Proposed Budget to Council • Management Overview of Proposed with Council – 5:30PM • Second Public Hearing on Tax Increase • Public Hearing on Budget • Adopt PID Assessment Rate • Announce Meeting to Adopt Tax Rate • Announce Vote on Tax Rate • Special Called Council Meeting • Budget Adoption • Tax Rate Adoption • Approve Tax Roll • Vote to Ratify Property Tax Revenue • Submit Effective and Rollback Rate Calculations to Town Council • Vote to Propose Tax Rate (over Effective Rate) • Set Public Hearings for September 12 and September 19 • Public Notice of Public Hearing on Tax increase • Publish Notice of Effective and Rollback Tax Rates, Statement and Schedules • First Public Hearing on Tax Increase • Public Hearing on PID Service Assessment • Announce Meeting to Adopt Tax Rate Town Council 7 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-320-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Salary Analysis Discussion. Attachments: Action ByDate Action ResultVer. TITLE Salary Analysis Discussion. Town Council 8 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-321-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for July 18, 2011. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for July 18, 2011. Town Council 9 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-248-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding the Minutes dated May 2, 2011. Attachments:May 2, 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated May 2, 2011. Town Council 10 of 146 Meeting Date: July 18, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 2, 2011 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May 2, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Margi Cantrell Council Member Larry Hoover Council Member JD Stotts Council Member arrived at 6:22 p.m. Glenn Strother Council Member arrived at 6:19 p.m. STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Michael Aguilera Interim Finance Director Carolyn Huggins Community Development Director April Reiling PIO / Marketing Manager Mayor White announced the date of May 2, 2011, called the meeting to order and announced a quorum at 6:15 p.m. EXECUTIVE SESSION - 6:00 P.M. 1. Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Manager Mike Slye Council convened into Executive Session at 6:15 p.m. Council took a short break and resumed at 7:10 p.m. RECONVENE INTO REGULAR SESSION – 7:10 P.M. The Invocation was offered by Council member Stotts. The Pledges were led by Mayor Pro Tem Rose. Town Council 11 of 146 Meeting Date: July 18, 2011 2. Consider and take appropriate action regarding the Executive Session items. Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to remove Town Manager Slye from temporary status to permanent employment status. Motion carried unanimously without further discussion. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No citizen presentations were made. PROCLAMATIONS 3. Consider and take appropriate action regarding a Proclamation declaring May 15 – May 21, 2011 as National EMS Week 2011 with May 18, 2011 set aside as Emergency Medical Services for Children (EMSC) Day. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Proclamation 2011-06 declaring May 15 – 21, 2011 as National EMS Week 2011 with May 18, 2011 set aside as Emergency Medical Services for Children Day. Motion carried unanimously without further discussion. 4. Consider and take appropriate action regarding a Proclamation declaring May 15 – May 21, 2011 as National Police Week. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Proclamation 2011-07 declaring May 15 – 21, 2011 as National Police Week. Motion carried unanimously without further discussion. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Council member Cantrell requested consent agenda item 7 be removed. Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve agenda item 5 and 6 presented. Motion carried unanimously without further discussion. 5. Consider and take appropriate action regarding the Minutes dated March 21, 2011. 6. Consider and take appropriate action regarding the Minutes dated March 29, 2011 (Regional Joint Council Workshop). Town Council 12 of 146 Meeting Date: July 18, 2011 7. Consider and take appropriate action regarding an Ordinance amending Article 16 entitled "Citizens Financial Advisory Board" of Chapter 1 entitled "Administration" of the Code of Ordinances to further clarify the duties of the CFAB; and providing an effective date. Motion made by Rose, seconded by Hoover, to approve Ordinance 2011-16 amending Article 16 entitled "Citizens Financial Advisory Board" of Chapter 1 entitled "Administration" of the Code of Ordinances to further clarify the duties of the CFAB; and providing an effective date. Mayor White amended the motion, seconded by Council member Cantrell, to have Section 16.03 A. state “The Board shall only address those issues within the parameters directed or approved by Council.” Motion passed unanimously. Original motion carried unanimously without further discussion. Council convened into Public Hearing at 7:35 p.m. PUBLIC HEARING Mayor White moved agenda items 9 and 10 forward: 9. Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014 The school district wishes to expand the parking capacity at Byron Nelson High School. They anticipate that with the addition of seniors in Fall 2011, most of whom will drive a car to school, there will not be enough parking spaces available for teachers and students on the campus. The school district is requesting approval of a revised site plan that adds 778 additional parking spaces which will double the existing parking. Additional landscaping will be added and additional parking lot lights will be added. Mickey Thomas, M. J. Thomas Engineering, gave a brief presentation outlining each waiver being requested: WAIVERS REQUESTED 1. PD-28, Section B, 1. (a) states that planter islands or berms must be located no further apart than every 24 parking spaces and at the terminus of all rows of parking. On sheet C-2, Site Plan, the proposed northern parking areas show a section of “New Parking (34 spaces)” in which there are 27 parking spaces before a planter island occurs. In order to provide a planter island at 24 spaces, a fire hydrant would need to be relocated. The applicant requests a waiver allowing one instance of 27 spaces before a planter island occurs. 2. The proposed parking lot on the northwest corner of the site, adjacent to Bobcat Blvd. that states “New Parking (42 spaces)” has approximately six (6) spaces in the 30-ft. building setback. The applicant asks for a waiver to allow parking in the building setback in this location on the high school campus. 3. On the east side of the high school site, the applicant is proposing “New Parking (89 spaces)”. There is a 40-ft. landscape buffer required adjacent to residential and the 89 new parking spaces encroach into the 40-ft. landscape buffer. However, since there is an 80-ft. wide creek separating the NISD property from the residentially zoned district to the south/southeast, NISD requests a waiver for the 40-ft. landscape buffer in order to place parking in that area. 4. Photometrics: Town regulations require that parking lot lights shall provide illumination within the parking facility not to exceed one foot-candle at ground level and shall distribute not more than two-tenths (0.2) of one foot-candle of light upon any adjacent residentially zoned district. There are a number of locations within the site where the parking lot lights exceed one-foot candle at Town Council 13 of 146 Meeting Date: July 18, 2011 ground level and these locations were granted a waiver by the Town Council in 2007. The applicant asks that this waiver continue. The plans meet the requirement that illumination shall distribute not more than two-tenths (0.2) of one-foot candle of light upon any adjacent residentially zoned district. 10. Public Hearing to consider an Ordinance amending Article 3 "Establishment of Districts" and Article 5 "Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for off-premises consumption in the Town of Trophy Club; providing a penalty not to exceed Two Thousand Dollars for each violation; and providing an effective date. On May 14, 2011, Trophy Club residents will vote on a local option to permit the sale of liquor for off- premise consumption. If the option is approved by votes, the Council wishes to have zoning regulations and application procedures for a liquor store on the books in order to ensure good governance of retail liquor store establishments within the community. The ordinance, for Council consideration this evening, proposes allowing a liquor store in “CG” Commercial General zoning and a Specific Use Permit will be required that will be heard by the Planning and Zoning Commission and Town Council. Mayor White stated that Council member Cantrell has filed a Conflict of Interest Affidavit for Public Hearing Agenda Item Number 8 and its companion Action Agenda Item Number 11 and will leave the Council Chambers prior to discussion of these 2 items. 8. Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. The applicant, Howard Tseung, on behalf of Feng Chen Enterprise, Inc., wishes to serve alcoholic beverages in the “Fish & Knife Japanese Restaurant” which they will be opening soon in Planned Development No. 13 “Village” Shopping Center at Highway 114 and Trophy Club Drive. Town of Trophy Club regulations require approval by the Town Council, after consideration by the Planning and Zoning Commission, of a specific use permit for alcohol sales. The Planning and Zoning Commission met on April 7, 2011, to consider this request and the Commission, by a 6-0 vote (Vice Chairman Stephens was absent) recommend approval. Council will reconvene into Regular Session at 7:58 RECONVENE INTO REGULAR SESSION 11. Consider and take appropriate action regarding a request for approval of a Specific Use Permit for a restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc. Motion made by Council member Strother, seconded by Council member Stotts, to approve a request for a Specific Use Permit. Motion carried 5:0:1. Council member Cantrell was still out of the Council Chambers during vote. 12. Consider and take appropriate action regarding a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP- 11-014 Town Council 14 of 146 Meeting Date: July 18, 2011 Motion made by Council member Stotts, seconded by Council member Hoover, to approve a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. Mayor Pro Tem Rose amended the motion, seconded by Council member Cantrell, to include approving the requested waivers. Motion carried unanimously. Original motion carried unanimously. 13. Consider and take appropriate action regarding an Ordinance amending Article 3 "Establishment of Districts" and Article 5 "Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for off- premises consumption in the Town of Trophy Club; providing a penalty not to exceed Two Thousand Dollars for each violation; and providing an effective date. On May 14, 2011, Trophy Club residents will vote on a local option to permit the sale of liquor for off- premise consumption. If the option is approved by votes, the Council wishes to have zoning regulations and application procedures for a liquor store on the books in order to ensure good governance of retail liquor store establishments within the community. The ordinance, for Council consideration this evening, proposes allowing a liquor store in “CG” Commercial General zoning and a Specific Use Permit will be required that will be heard by the Planning and Zoning Commission and Town Council. Motion made by Council member Stotts, seconded by Council member Cantrell, to approve Ordinance 2011-17 amending Article 3 "Establishment of Districts" and Article 5 "Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for off- premises consumption in the Town of Trophy Club; providing a penalty not to exceed two thousand dollars for each violation; and providing an effective date. Mayor Pro Tem Rose, seconded by Council member Cantrell, amended the motion to read with the amendment, changing from Section 3.02 to Section 3.03. Motion carried unanimously. Original motion carried unanimously without further discussion. 14. Consider and take appropriate action regarding an Ordinance amending Article XV "Swimming Pools" of Chapter 3 "Buildings and Construction" of the Code of Ordinances relative to the draining of swimming pools; providing for a penalty not to exceed two thousand dollars for each violation; and providing an effective date. Town Manager Slye stated we have a pool ordinance on the books and everyone is familiar, there is no requirement from TCEQ to regulate swimming pool discharge, this Council did so in 2008. The Town’s MS4 storm water permit was based on several documents that did not include the document we have now. There is no requirement to regulate swimming pool discharge, we do so by compliance; one of the provisions is what a pool owner can do with the discharge that meets the requirements of the ordinance that all they need to do is sign the compliance form. The Town has not been aggressive except to compliance as an exception. Slye has been on the phone with TCEQ and they have commented that we are in front of the power curve with our ordinance; this leads Slye to believe that when it is time to reapply for our permit, there may be a requirement. Motion made by Council member Hoover, seconded by Council member Stotts, to approve Ordinance 2011-18 (Option A) as revised on the dais. Mayor Pro Tem Rose, seconded by Council member Hoover, made a motion to amend section 2.03 to read: Town Council 15 of 146 Meeting Date: July 18, 2011 2.03 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended, so that Subsections 5 and 6 of Section (K) entitled "Clarity of Water" of Section 15.04 entitled "Swimming Pools" is hereby repealed in its entirety and Section 2.04 on the revised version is deleted. Motion carried unanimously. Original Motion carried 5:0:1 with Council member Strother abstaining. 15. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to the Boards and Commissions; providing for the appointments of citizen volunteers to serve on the Citizens Financial Advisory Board and the Ethics Commission; designating terms of service; and providing an effective date. Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve Resolution 2011- 08. Motion carried unanimously. 16. Consider and take appropriate action regarding a Resolution ratifying the Trophy Club Reserve Police Force Program and the appointment of the Reserve Force by the Chief of Police; and providing an effective date. Recently it has come to our attention that there is an interpretation of a provision of the Local Government Code relative to Police Reserve programs that Council approval of Reserve Police Officers may be required. That is certainly one interpretation, and while staff does not necessarily agree with that interpretation, as a precautionary measure, staff is seeking the ratification of the appointment of Reserve Officers Mauthe, Ngyuen, Glover, Hankins, and Bury which were made by the Chief of Police pursuant to express provisions of the Local Government Code. Motion made by Stotts, seconded by Rose, to approve Resolution 2011-11. Motion carried unanimously without further discussion. 17. Town Manager Slye's update regarding the following; discussion of the same. - Independence Park East Landscape Plan Update - Roundabout Funding Update - Finance Director Position Update - TML IEBP Conference, May 11 - 14, 2011 Town Manager Slye updated the Council and addressed questions. No action taken, update only. 18. Town Council Liaison Updates; discussion of same: - April 19, 2011 TCMUD No. 1 Meeting - Mayor Pro Tem Rose - April 25, 2011 EDC 4A Meeting - Council member Cantrell Mayor Pro Tem Rose and Council member Cantrell gave brief updates addressed questions. No action taken, update only. 19. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Metroport Cities Partnership Meeting - April 21, 2011 - Bubbles of Love - April 25, 2011 - North Texas Commission - April 26, 2011 - Arbor Day Celebration - April 30, 2011 Town Council 16 of 146 Meeting Date: July 18, 2011 Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 20. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 6. Consider and take appropriate action regarding Planning & Zoning readiness if Local Option Election Petition is successful. (Cantrell, 1/3/11) 7. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 8. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 9. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) Council member Cantrell requested item #6 be removed and replace with ordinances regarding signs in retail windows. ADJOURN Motion made by Council member Stotts, seconded by Council member Cantrell to adjourn. Motion carried unanimously. Meeting adjourned at 9:43 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 17 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-249-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding the Minutes dated May 9, 2011 (Special Session). Attachments:May 9 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated May 9, 2011 (Special Session). Town Council 18 of 146 Meeting Date: July 18, 2011 MINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 9, 2011 at 7:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Special Session on Monday, May 9, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Margi Cantrell Council Member Larry Hoover Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Bill Rose Mayor Pro Tem JD Stotts Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Michael Aguilera Interim Finance Director Carolyn Huggins Community Development Director April Reiling PIO / Marketing Manager Mayor White announced the date of May 9, 2011, call the meeting to order and announce a quorum at 7:30 p.m. Mayor Pro Tem Rose and Council member Stotts will not be in attendance. Mayor White stated: Tonight’s Agenda was created with the intention of this meeting being held in the Public Services Conference Room as a result of the early voting occurring in the Board Room. We decided to delay the meeting so that it could be held in the Board Room and so that it could be recorded for those unable to attend. The Citizen presentations item was removed from the agenda for this Special Session meeting; however, there is only one agenda item and individuals wishing to speak on that item will be able to do so when the item is called. Please make sure to have your speaker sheets filled out and turned into the Town Secretary. The Invocation will be offered by Interim Finance Director Michael Aguilera. The Pledges will be led by PIO/Marketing Manager April Reiling. SPECIAL SESSION 1. Consider and take appropriate action regarding funding for the Trophy Club Drive and Trophy Lake Roundabout Project. Town Council 19 of 146 Meeting Date: July 18, 2011 Town Manager Slye gave a presentation regarding chronological events and funding for the Roundabout presentation and introduced Town Engineer Tom Rutledge. Town Manager Slye’s recommendation is to receive the bids and get real numbers and move forward accordingly; let’s complete the picture and Council to make an informed decision. Tom Rutledge addressed questions from Council and discussed the traffic studies. Mayor White allowed questions from the audience. The following residents asked questions about funding, traffic, impact on pedestrian traffic and tax payers. Concerns were also raised regarding the Right of Ways and cost difference between the roundabout and signalization. Bob Hill, 8 Meadow Ridge Mark Chapman, Durango Drive Julie Folley, 2407 Lilyfield Drive Vivek Ratna, 211 Village Trail Greg Lamont, 15 Avalon Drive Jim Thomas, 7 Meadowbrook Lane Tommy Ehrenberg, 2205 Galloway Boulevard Jim Hicks, 227 Phoenix Drive Nick Sanders, 7 Hayes Court Jim Hase, 209 Inverness Drive Mayor White would like to follow Staff’s recommendation to bid, complete the picture, and then allow Council to make a decision. Motion made by Council member Cantrell, seconded by Council member Hoover to continue with the bidding process to get real numbers and receive a complete picture to take action. Town Manager Slye stated if this motion passes, Staff will move forward with biddings and bring back to Council at the June 6 meeting for Council to make a decision and also include an item to approve funding. Motion passed unanimously. Council member Cantrell thanked the Staff and all who worked hard on this project and appreciates residents taking the time to speak. Presentation included in the minutes. ADJOURN Motion made by Council member Strother, seconded by Council member Cantrell to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 20 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-284-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:5/31/2011 Town Council On agenda:Final action:6/6/2011 Title:Consider and take appropriate action regarding the Minutes dated May 23, 2011. Attachments:May 23, 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated May 23, 2011. Town Council 21 of 146 Meeting Date: July 18, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 23, 2011 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May 23, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Margi Cantrell Council Member Larry Hoover Council Member JD Stotts Council Member Glenn Strother Council Member arrived at 7:00 p.m. Jeannette Tiffany Council Member - Elect STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Eric Cannon Finance Director April Reiling PIO / Marketing Manager Mayor White announced the date of May 23, 2011, called the meeting to order and announced a quorum at 6:07 p.m. Mayor White stated that Council member Strother would be late. WORKSHOP SESSION - 6:00 P.M. 1. Discussion with Ray Turco regarding the Citizen Survey Questionnaire. Town Manager Slye introduced this item and Ray Turco. Mr. Turco stated the goal is to receive 400 responses. Turco gave a brief overview and discussed the purpose of the survey. He also stated 400 responses is 5% of the population and explained the Town will be divided into four areas to make the sample statistically valid; this is to make sure that a true sample is being taken. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 23, 2011. CONVENE INTO REGULAR SESSION - START TIME 7:05 P.M. The Invocation was offered by Council member Hoover. The Pledges were led by Finance Director Eric Cannon. 1 Town Council 22 of 146 Meeting Date: July 18, 2011 Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Vicky Hardy, 7 Jennifer Court, addressed the Council on behalf of the Board of Directors of the Children’s Advocacy Center in Denton County and thanked all those involved in helping children and briefly explained the workings of the Center. 3. Consider and take appropriate action regarding a Proclamation proclaiming May 2011 as Motorcycle Awareness Month. Motion made by Council member Cantrell, seconded by Council member Strother, to approve Proclamation 2011-08 establishing the month of May 2011 as motorcycle safety and awareness month in Trophy Club in conjunction with National Motorcycle Safety and Awareness Month. Motion carried unanimously. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4. Consider and take appropriate action regarding the Minutes dated April 4, 2011. 5. Consider and take appropriate action regarding the Minutes dated April 18, 2011. 6. Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on First Financial Bank and TexPool signature accounts. Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to approve the Consent Agenda Items 4-6 as presented. Motion carried unanimously. REGULAR SESSION 7. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; and providing an effective date. Motion made by Council member Cantrell, seconded by Council member Stotts, to approve Ordinance 2011-19 canvassing the returns and declaring the results of the General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; and providing an effective date. Motion carried unanimously. 2 Town Council 23 of 146 Meeting Date: July 18, 2011 8. Remarks to and from outgoing Council Member Stotts. Each Council member thanked Council member Stotts for his service to The Town of Trophy Club. Council member Stotts made outgoing remarks to Council and the residents in the audience. 9. Oath of Office to be administered by Municipal Court Judge, Mark Chambers, Presentation of Certificate of Election from Judge Chambers to Incoming Council Members and remarks by Council Members. Municipal Judge Mark Chambers administered the Oaths of Office for Bill Rose – Place 1, Jeannette Tiffany – Place 2 and Connie White – Mayor. Mayor White presented Certificates of Election to the elected; all made brief remarks. SHORT BREAK Council reconvened into Regular Session a 7:53 p.m. 10. Consider and take appropriate action regarding a change order to the Agreement between the Town and Freese and Nichols for services related to the development of the stormwater management plan. Town Manager Slye brought forward a change order that identified the additional hot spot of Cypress Court, increasing the original total from $87,900 to $111, 675 by an additional $23,775 for the inclusion of Cypress Court. Motion made by Mayor Pro Rose, seconded by Council member Hoover, to approve a change order to the Agreement between the Town and Freese and Nichols for services related to the development of the stormwater management plan to take the total to $111,675. Motion carried unanimously. 11. Consider and take appropriate action regarding an Ordinance approving a negotiated resolution between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company, LLC regarding the Company's application to increase electric rates in all cities exercising original jurisdiction, declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; and providing an effective date. Motion made by Council member Strother, seconded by Council member Cantrell, to approve Ordinance 2011-20 approving a negotiated resolution between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company, LLC regarding the Company's application to increase electric rates in all cities exercising original jurisdiction, declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; and providing an effective date. Motion carried unanimously. 12. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2010-12 authorizing participation in various cooperative purchasing programs and adopting a new Resolution identifying the cooperative purchasing programs approved for Town participation in accordance with the Town's Procurement Policies and Procedures; and providing an effective date. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Resolution 2011-12 repealing Resolution No. 2010-12 authorizing participation in various cooperative purchasing programs and adopting a new Resolution identifying the cooperative purchasing programs approved for 3 Town Council 24 of 146 Meeting Date: July 18, 2011 Town participation in accordance with the Town's Procurement Policies and Procedures; and providing an effective date. Motion carried unanimously. 13. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas approving the submission of the grant application for the Community Oriented Policing Initiative Program for the 2011-2012/ 2012-2013/ 2013-2014 fiscal years; authorizing the Town Manager or his designee to execute all necessary documents; and provide an effective date. Motion made by Council member Hoover, seconded by Council member Strother, to approve Resolution 2011-13 approving the submission of the grant application for the Community Oriented Policing Initiative Program for the 2011-2012/ 2012-2013/ 2013-2014 fiscal years; authorizing the Town Manager or his designee to execute all necessary documents; and provide an effective date. Motion carried unanimously. 14. Consider and take appropriate action regarding financial and variance report dated April 2011. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve the financial and variance report dated April 2011 as presented. Motion carried unanimously without further discussion. 15. Town Council Liaison Updates and discussion of same: - Parks and Recreation Board, May 10, 2011 - Council member Hoover Council member Hoover gave a brief update of the May 10, 2011 Parks & Recreation meeting and addressed questions. No action taken, update only. 16. Town Manager Slye's update regarding the following; discussion of the same. - Introduce Eric Cannon, Finance Director - GFOA's Distinguished Budget Presentation Award - Town Council Retreat, June 3, 2011 Update - TxDot 114/170 Project Update *- Safe Routes to School Project Update Town Manager Slye updated the Council and addressed questions. No action taken, update only. 17. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - May 3, 2011 Chamber Luncheon - May 5, 2011 National Day of Prayer - May 5, 2011 NISD Gala - May 10, 2011 Wounded Warriors Fundraiser - May 11, 2011 Northwest Communities Partnership Meeting - May 23, 2011 Home Instead Senior Care - Giving Back to the Community Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 18. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly 4 Town Council 25 of 146 Meeting Date: July 18, 2011 5 scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 6. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 7. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 8. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 9. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) No items were added to the future agenda items list. Council member Cantrell stated she did not wish to go into Executive Session regarding the appointment of Mayor Pro Tem. Council did not convene into Executive Session. EXECUTIVE SESSION 19. Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)): (1) Appointment of Mayor Pro Tem. RECONVENE INTO REGULAR SESSION 20. Consider and take appropriate action regarding the Executive Session. Council member Cantrell nominated Council Member Hoover; Mayor Pro Tem Rose seconded. Nomination approved unanimously. ADJOURN Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose to Adjourn. Meeting adjourned at 9:14 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 26 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-317-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding the Minutes dated June 3, 2011 (Council & Management Team Retreat). Attachments:June 3, 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated June 3, 2011 (Council & Management Team Retreat). Town Council 27 of 146 Meeting Date: July 18, 2011 MINUTES FROM TOWN COUNCIL RETREAT FOR THE TOWN OF TROPHY CLUB LOCATION: 500 TROPHY CLUB DRIVE, TROPHY CLUB, TEXAS Friday, June 3, 2011 at 9:00 A.M. Trophy Club, Texas 76262 The Town Council of the Town of Trophy Club, Texas, had a Retreat Session on Friday, June 3, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Glenn Strother Council Member Jeannette Tiffany Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Eric Cannon Finance Director Carolyn Huggins Community Development Director April Reiling PIO / Marketing Manager Ed Helton Director of Street Services Mike Pastor Information Systems Director Adam Adams Parks and Recreation Director Mayor White announced the date of June 3, 2011, called the meeting to order and announced a quorum at 9:13 a.m. RETREAT SESSION 1. Town Council and Management Team Joint Retreat - FY11-12 Budget Recap and Overview - Future Financial Planning and Visioning - Team Building Exercise - Recap of where we were and where we are going Town Manager Slye welcomed Council and Staff to the Retreat and immediately began discussing the budget. Council gave direction to the management team in regards to budgeting, financial planning and visioning. ADJOURN Motion made by Council member Strother, seconded by Council member Rose to adjourn. Motion carried unanimously. Meeting adjourned at 4:00 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 28 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-318-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding the Minutes dated June 6, 2011. Attachments:June 6, 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated June 6, 2011. Town Council 29 of 146 Meeting Date: July 18, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 6, 2011 at 6:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, June 6, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Jeannette Tiffany Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Eric Cannon Finance Director Carolyn Huggins Community Development Director Adam Adams Parks & Recreation Director April Reiling PIO / Marketing Manager Mayor White announced the date of June 6, 2011, called the meeting to order and announced a quorum at 6:01 p.m. WORKSHOP SESSION - 6:00 P.M. 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 6, 2011. 2. Discussion of proposed agenda items on the Regular Session Council Agenda for June 20, 2011. Council asked questions of staff in regards to the agenda items listed on the agenda for tonight’s meeting and the proposed items for the June 20, 2011 meeting. Council member Strother arrived at 6:31 p.m. Workshop session adjourned at 6:54 p.m. CONVENE INTO REGULAR SESSION - START TIME 7:06 P.M. The Invocation was offered by Council member Strother. The Pledges were led by Brownie Troop 3552. Town Council 30 of 146 Meeting Date: July 18, 2011 PRESENTATION 3. Brownie Troop 3552 to present a thank you to the Trophy Club Fire Department and Parks and Recreation Department for their help with the Flag Retirement Ceremony held on May 7, 2011. Brownie Troop Leader, Melissa Goeble shared that 25 flags were retired during the ceremony held on May 7, 2011. Brownie Troop 3552 presented thank you cards to the Trophy Club Fired Department and Parks and Recreation personnel. Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Susan Miller, 1 Sonora Drive, addressed the Council and stated her concerns regarding the Safe Routes to School Project. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4. Consider and take appropriate action regarding Employee Access to Community Pool Complex. Council member Cantrell requested this item be removed from the consent agenda and asked Town Manager Slye to address the item for the benefit of those in the audience and who may watch the video online. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover, to allow access to all employees, Town and MUD, as a health and wellness program. Council member Cantrell withdrew her motion; Mayor Pro Tem Hoover withdrew his second. Motion made by Council member Rose, seconded by Council member Hoover, to allow employees access to the Community Pool and Splash Pad without charge the proposal is to provide employees with a standard family pass of four people at no cost with a payment of a $10 fee, which is the resident rate, for each additional person on the pass above the four family members. Motion carried unanimously. REGULAR SESSION 5. Consider and take appropriate action regarding the regularly scheduled Town Council meeting of Monday, July 4, 2011. Motion made by Council member Rose, seconded by Council member Cantrell, to cancel the July 4, 2011 Council meeting. Motion carried unanimously. Town Council 31 of 146 Meeting Date: July 18, 2011 6. Consider and take appropriate regarding the award/rejection of bids for the Roundabout Intersection located at Trophy Club Drive and Trophy Lake, apparent best qualified bidder JRJ Paving, in an amount not to exceed $1,405,425.64, and authorizing Town Manager Slye or his designee to execute all necessary documents. Town Manager Slye shared that Tom Rutledge is present to review the Bid documentation and offer an engineer’s recommendation and then Slye will give Staff’s recommendation. Town Manager Slye’s recommendation is to reject the bids and rebid in January 2012. Nick Sanders, 7 Hayes Court, addressed the Council. Sanders supports waiting on the project as a MUD director, the item is unbudgeted. Motion made by Mayor Pro Tem Hoover, seconded by Council member Rose, to defer the construction of the roundabout until next spring and reject all bids for the Roundabout. Motion carried 5:0:1 with Council member Strother abstaining. Motion made by Council member Rose, seconded by Council member Tiffany, to direct Town Manager Slye to bid the project in January 2012. Town Manager Slye requested specific direction from Council and to ensure that this item does not die; would like authorization to strategize and move forward when appropriate. Council member Rose amended his motion by removing the date of January 2012; Council member Tiffany agreed. Motion carried unanimously. 7. Consider and take appropriate action regarding a Resolution relating to the giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2011 and providing an effective date. No action taken. 8. Consider and take appropriate action regarding an Ordinance repealing Article 5 entitled "Discharge of Firearms" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town and adopting a new Article 5 entitled "Discharge of Firearms and Regulation of Weapons" of Chapter 10 of the Code of Ordinances; providing for a penalty not to exceed two thousand dollars; and providing an effective date. Motion made by Council member Rose, seconded by Council member Hoover, to approve an Ordinance repealing Article 5 entitled "Discharge of Firearms" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town and adopting a new Article 5 entitled "Discharge of Firearms and Regulation of Weapons" of Chapter 10 of the Code of Ordinances; providing for a penalty not to exceed two thousand dollars; and providing an effective date. Motion carried unanimously. 9. Consider and take appropriate action regarding an Ordinance amending Chapter 1 "Administration" to add Section 2.01 entitled "Signature Authority -Mayor and Town Manager" to Article II entitled "Town Manager" setting forth the signature authority of the Mayor and Town Manager; providing for an amendment; and providing an effective date. Motion made by Council member Cantrell, seconded by Council member Rose, to approve an Ordinance amending Chapter 1 "Administration" to add Section 2.01 entitled "Signature Authority -Mayor and Town Manager" to Article II entitled "Town Manager" setting forth the signature authority of the Mayor and Town Manager; providing for an amendment; and providing an effective date. Motion passed unanimously. Town Council 32 of 146 Meeting Date: July 18, 2011 10. Consider and take appropriate action regarding a Resolution nominating one member to the Board of Managers of the DENCO Area 9-1-1 District, and providing an effective date. The DENCO Area 9-1-1 District Requests that each participating city nominate a candidate and advise the District of its selection on or before July 15, 2011. Motion made by Council member Cantrell, seconded by Council member Rose, approve Resolution 2011-15 nominating Olive Stephens to the Board of Managers of the DENCO Area 9-1-1 District. Motion carried unanimously. 11. Town Council Liaison Updates and discussion of same: - TC MUD No. 1 - Council member Rose - EDC 4A, May 31, 2011 - Council member Cantrell Council members Rose Cantrell gave brief updates and addressed questions. No action taken, update only. 12. Town Manager Slye's update regarding the following; discussion of the same. - Management Action Log - Amenity Trail Update Town Manager Slye updated the Council and addressed questions. No action taken, update only. 13. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - Tuesday, May 31 - Neighbor Helping Neighbor - June 3, 2011 - Council/Management Staff Retreat Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 14. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 6. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) Town Council 33 of 146 Meeting Date: July 18, 2011 7. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 8. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 9. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) Council member Cantrell requested an item regarding ball park signage be placed on the list. Council member Tiffany requested an item considering a Golf Cart Community be added to the list. ADJOURN Motion made by Council member Cantrell, seconded by Council member Tiffany, to adjourn. Meeting adjourned at 8:23 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 34 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-319-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding the Minutes dated June 20, 2011. Attachments:June 20, 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated June 20, 2011. Town Council 35 of 146 Meeting Date: July 18, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 20, 2011 at 6:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, June 20, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Jeannette Tiffany Council Member TOWN COUNCIL MEMBERS ABSENT: Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Eric Cannon Finance Director Carolyn Huggins Community Development Director Adam Adams Parks & Recreation Director April Reiling PIO / Marketing Manager Mayor White announced the date of June 30, 2011, called the meeting to order and announced a quorum at 6:30 p.m. Mayor White stated Council member Strother is out of town and will not be attending tonight’s meeting. WORKSHOP SESSION - 6:30 P.M. 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 20, 2011. Council discussed agenda items posted for the June 20, 2011 Regular Session Agenda. 2. Discussion of proposed agenda items for the July 18, 2011 Regular Session Agenda. Council took a short break. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME – 7:07 P.M. The Invocation was offered by Parks & Recreation Director Adam Adams. The Pledges were led by Community Development Director Carolyn Huggins. Town Council 36 of 146 Meeting Date: July 18, 2011 Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Richard Bell, 47 Alamosa Drive, addressed the Council regarding the State Highway 114/170 Construction and the issue of dirt arising from the construction. Ron Podmenix, 23 Alamosa Drive, also addressed the Council regarding the dirt produced by the State Highway 114/170 Construction. REGULAR SESSION 3. Discussion of the Community Spotlight Award from the Greater Fort Worth Builder’s Association awarded to the Town of Trophy Club on June 16, 2011. Mayor Pro Tem Hoover announced that the Town of Trophy Club received the Community Spotlight Award from the Great Fort Worth Builder’s Association on June 16, 2011. Mayor White, Council members Cantrell and Tiffany thanked current and previous council members, staff, and residents for their hard work in achieving this award. 4. Consider and take appropriate action regarding the award/rejection of proposals for professional auditing services, the execution of a contract with apparent best qualified bidder Weaver in an amount not to exceed $37,500 for FY11; and authorizing the Mayor to execute necessary documents. Finance Director Eric Cannon shared the Town received four proposals and explained the grading criteria of each proposal. Town Manager Slye expressed that it is the recommendation of Management to award a contract to Weaver. Motion made by Council member Rose, seconded by Council member Cantrell to award the execution of the contract to Weaver in an amount not to exceed $37,500 for FY11 and authorize the Mayor to execute necessary documents. Council member Rose congratulated the staff on bringing forth an excellent auditing proposal. Council member Cantrell confirmed that these quotes included the audits of the Economic Development Corporations. Motion carried unanimously without further discussion. 5. Consider and take appropriate action to authorize staff to proceed with a contract with Kraftsman for the construction of the Spray Pad and required infrastructure improvements at Harmony Park in an amount not to exceed $225,000, and authorizing the Town Manager or his designee to execute all necessary documents. The following addressed the Council:  Dean Murray, 505 Glen Hurst Court – in favor of building the Harmony Park Splash Pad Town Council 37 of 146 Meeting Date: July 18, 2011  Kathy Trotter, 310 Skyline – feels that a commitment was made to build the Harmony Park Splash Pad and the Town should keep its commitment to the residents.  David Abdulky, 16 Panorama Trail – in favor of building the Harmony Park Splash Pad  Larry Lentzner, 303 Ridge View Lane – in favor of building the Harmony Park Splash Pad Parks & Recreation Director Adam Adams briefed the Council on the background; stating that this amenity is one of the few remaining projects of the 2009 Park Bond. Mayor White clarified that if there is no patron, the water would not run. Town Manager Slye explained how the splash pad would run, this is available to all patron who hit the ballard; there is no off-set revenue to help with operations. Town will pay for water usage, at a potential cost of $25,000 - $32,000 per year, including maintenance. Slye expressed he wants to make sure that Council is aware of the potential costs and that he is in favor of something being built at Harmony Park. Council member Tiffany asked what else could be built to accommodate the older residents of Trophy Club. Council member Cantrell asked the Park & Recreation Board to research other projects that could benefit more of Trophy Club. Cantrell also suggested to Parks & Recreation Director Adams to ask the MUD for a bid for the project, to find out the final cost of the project before building. Town Manager Slye told Council member Cantrell that we could hold a special called meeting with exact costs to build the Spray Pad to help get this project moving forward. Bill Armstrong, MUD Director, addressed the Council. Council member Tiffany asked Parks & Recreation Director Adam Adams where he was going to get the funding for this project. Council member Rose spoke of water efficiency and how this spray pad is not water efficient. Motion made by Council member Cantrell, seconded by Council member Tiffany, put the project on hold until total construction and maintenance costs can be verified and bring back to Council no later than August 15, 2011. Rose would like to know how the project will be evaluated under drought conditions and at what point it has to be turned off. Town Manager Slye asked if this item could be brought back to Council on July 18, 2011. Motion carried unanimously. 6. Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety," Article VII, "Emergency Situations," Section 7.01, "Response to Emergency" by adding Subsection C "Emergency Roadway Access"; and providing an effective date. Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover to approve an Ordinance amending Chapter 10, "Public Safety," Article VII, "Emergency Situations," Section 7.01, "Response to Emergency" by adding Subsection C "Emergency Roadway Access"; and providing an effective date. Council member Cantrell asked that the word “has” be removed from the fourth whereas clause. Council member Rose amended his motion, Mayor Pro Tem Hoover seconded. Motion carried unanimously without further discussion. Town Council 38 of 146 Meeting Date: July 18, 2011 7. Consider and take appropriate action regarding an Ordinance amending Chapter 3, "Buildings and Construction," by adding Article XVIII, "Job Site Maintenance" to adopt regulations requiring containers on construction job sites for solid waste collection; providing for a penalty not to exceed two thousand dollars for each violation; and providing an effective date. Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover, to approve Ordinance 2011-24 with the following amendments: Section 18.01 Definitions. A. Construction Debris: Debris and other waste building materials resulting from new construction, remodeling, repair and demolition operations on pavements, buildings and other structures, provided however, that the term shall not include Hazardous Waste. Section 18.02 Worksite Cleanliness and Waste Disposal. A. Worksite Condition. All new residential and commercial construction job sites within the Town shall be maintained in such a manner so as to be free of all Construction Debris from the commencement of permitted construction activity through the date of final permit approval. B. Container Required. All Construction Debris generated by or related to the construction project shall be wholly contained in a Container. Container shall be of sufficient capacity to prevent spillage, blowing Debris or other unsightly or unsanitary conditions. Each new residential and commercial construction job site within the Town shall utilize at least one (1) Container, except as otherwise expressly provided herein. Such Container shall be located wholly on the single construction job site which it is servicing; provided however, that where two (2) construction job sites are adjacent, one (1) Container placed at a central location on one (1) or more of those job sites may be utilized to service both job sites. Each Container shall be of sufficient size to accommodate disposal of all Construction Debris from the job site or sites for which the Container is servicing. Motion carried unanimously. 8. Consider and take appropriate action to direct the Citizen’s Financial Advisory Board (CFAB) to address one or more of the following projects: (1) Reserve/Fund Balance Policy; (2) Review of "Financial Policies: Design and Implementation" Book; (3) Research Economic Development Alternatives; (4) Investigating Public/Private Partnerships and (5) other projects determined appropriate. Motion made by Council member Rose, seconded by Council member Cantrell, to direct the Citizens Financial Advisory Board to address the following projects: 1. Reserve/Fund Balance Policy, 2. Review GFOA’s “Financial Policies: Design and Implementation” book, compare with current Town’s financial policies, present options and make recommendations with rationale for implementation, 3. Research Economic Development Alternatives, and 4. Investigate Public/Private Partnerships Council member Cantrell asked to leave the priority to Town Manager Slye and Finance Director Cannon. Motion carried unanimously. Town Council 39 of 146 Meeting Date: July 18, 2011 9. Consider and take appropriate action regarding the scheduling of the next Joint Session with TCMUD1. Town Manager Slye stated there are issues that need to be discussed at July 19 at 6:00 p.m., prior to the MUD meeting. Consensus of the Council is to meet on July 19 at 6:00 p.m. in a joint session with TCMUD 1. 10. Consider and take appropriate action regarding financial and variance report dated May 2011. Motion made by Council member Cantrell, seconded by Council member Rose to approve the May financials. Motion carried unanimously without further discussion. 11. Town Council Liaison Updates and discussion of same: - Parks & Recreation Board, June 14, 2011 - Council member Hoover Mayor Pro Tem Hoover updated the Council on the June 14, 2011 Parks & Recreation Board meeting. No action taken, update only. 12. Town Manager Slye's update regarding the following; discussion of the same: - Municipal Management Software RFP Demos Update - Swimming Pool Operational Update - TML IEBP Meeting June 22 - 25 - July 4th Update - Utility Easement Update on Neighborhood 1-2A Town Manager Slye updated the Council and addressed questions. No action taken, update only. 13. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - June 7, 2011 Chamber Luncheon - June 8, 2011 Northwest Communities Partnership Meeting - June 8, 2011 Mayor's Roundtable Dinner - June 16, 2011 Metroport Cities Partnership Meeting - June 16, 2011 Community Spotlight Dinner and Reception - June 17, 2011 North Central Texas Council of Governments' Annual Mayors and Councilmembers Workshop and General Assembly Luncheon Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 14. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) Town Council 40 of 146 Meeting Date: July 18, 2011 3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 6. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 7. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 8. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 9. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 10. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 11. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) Nothing added. ADJOURN Motion made by Council member Cantrell, seconded by Council member Rose to adjourn. Motion carried unanimously without further discussion. Meeting adjourned at 9:26 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 41 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-323-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Article XVIII entitled "Job Site Maintenance" of Chapter 3 entitled “Buildings and Construction” of the Code of Ordinances of the Town; providing for a penalty; and providing an effective date. Attachments:ORD 2011-25 Dumpsters_amended - redlined.pdf ORD 2011-25 Dumpsters_amended - clean.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Article XVIII entitled "Job Site Maintenance" of Chapter 3 entitled “Buildings and Construction” of the Code of Ordinances of the Town; providing for a penalty; and providing an effective date. EXPLANATION: Clarification that the ordinance, requiring a metal container on site supplied by the Solid Waste Provider, applies to all new construction and new demolition jobs (which require the issuance of a building or demolition permit), and that all job sites for residential or commercial remodel/repair shall be maintained in such a manner so as to be free of all construction debris by being contained in a container or removed from the job site daily. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Town Council 42 of 146 Meeting Date: July 18, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-25 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE XVIII ENTITLED “JOB SITE MAINTENANCE” OF CHAPTER 3 ENTITLED “BUILDINGS AND CONSTRUCTION” OF THE CODE OF ORDINANCES OF THE TOWN BY ADDING ARTICLE XVIII ENTITLED “JOB SITE MAINTENANCE” TO ADOPT REGULATIONS REQUIRING CONTAINERS ON CONSTRUCTION JOB SITES FOR SOLID WASTE COLLECTION,; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, trash and debris generated during the construction process create unsafe, unsightly and unsanitary conditions on property; and WHEREAS, the proper containment of construction debris is necessary to protect the health, safety and welfare of property where construction is occurring and of surrounding properties; and WHEREAS, on June 1, 2005, the Town entered into an exclusive contract with Allied Waste Services, Inc., to provide solid waste and recyclable materials collection, transportation and disposal services; and WHEREAS, in May, 2007, the Town agreed to a First Modification to the contract to change primary collection days set forth in the Agreement; and WHEREAS, in June, 2008, the Town agreed to a Second Modification to the contract to adopt increased rates; and WHEREAS, in January, 2010, the Town agreed to a Third Modification to the contract to extend the term of the Agreement for a five (5) year period beginning April 18, 2010 and ending April 17, 2015; and to adopt increased rates; and Town Council 43 of 146 Meeting Date: July 18, 2011 WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to adopt regulations requiring the use of proper waste receptacles on construction sites in accordance with the Town’s exclusive contract for solid waste collection, transportation, and disposal services; and WHEREAS, having previously adopted Article XVIII of Chapter 3 of the Code of Ordinances to regulate job site cleanliness, the Town Council has determined it necessary to clarify the scope of the new regulations and has determined that the additional amendments as set forth herein are necessary and appropriate for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Chapter 3 entitled “Buildings and Construction”, of the Code of Ordinances of the Town of Trophy Club is hereby amended to addso that Article XVIII entitled “Job Site Maintenance” which shall be and read in its entirety as follows: “Article XVIII. Job Site Maintenance Section 18.01. Applicability. This Article shall apply to all new construction, remodeling, and other construction activities within the Town that require a building permit. Section 18.02. Definitions. A. Construction Debris: Debris and other waste building materials resulting from new construction, remodeling, repair and demolition operations on pavements, buildings and other structures, provided however, that the term shall not include Hazardous Waste. B. Container: A metal container supplied by the Solid Waste Provider. Town Council 44 of 146 Meeting Date: July 18, 2011 C. Debris: All dirt, concrete, rocks, bricks, wood, building materials, or other trash, refuse, or waste materials, not including Hazardous Waste generated by or as a result of a construction project. D. Hazardous Waste: Petroleum and petroleum products, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; and any other chemicals, materials or substances defined as or included in the definition of “hazardous materials,” “hazardous wastes,” “hazardous substances,” “toxic wastes,” “toxic pollutants,” “contaminates,” “pollutants,” “infectious wastes,” “medical wastes, “radioactive wastes,” “sewage sludges” or words of similar import under any applicable environmental law. E. Remodeling and Repair Construction Debris: Debris and other waste building materials resulting from remodeling and/or repair, provided however, that the term shall not include Hazardous Waste. E.F. Solid Waste Provider: The entity with which the Town of Trophy Club has contracted to provide exclusive solid waste and recyclable materials collection, tTransportation and dDisposal sServices for and within the Town limits. Section 18.02 03. Worksite Cleanliness and Waste Disposal. A. Worksite Condition – New Construction. All new residential and commercial construction job sites within the Town shall be maintained in such a manner so as to be free of all Construction Debris from the commencement of permitted construction activity through the date of final permit approval. B. Container Required. All Construction Debris generated by or related to a new residential or commercial construction job site the construction project shall be wholly contained in a Container. Container shall be of sufficient capacity to prevent spillage, blowing Debris or other unsightly or unsanitary conditions. Each new residential and commercial construction job site within the Town shall utilize at least one (1) Container, except as otherwise expressly provided herein. Such Container shall be located wholly on the single construction job site which it is servicing; provided however, that where two (2) construction job sites are adjacent, one (1) Container placed at a central location on one (1) or more of those job sites may be utilized to service both job sites. Each Container shall be of sufficient size to accommodate disposal of all Construction Debris from the job site or sites for which the Container is servicing. C. Time Frame. A Container shall be placed on the job site(s) on or before the date of the first foundation inspection and shall be maintained upon the job site(s) Town Council 45 of 146 Meeting Date: July 18, 2011 until final brick completion. Thereafter, the Container may be removed; however, waste containment shall be in accordance with this Section. D. Other Receptacles. After the removal of a Container, Construction Debris shall be contained in a proper waste disposal receptacle so that Debris is wholly contained and not visible from the street. E. Worksite Condition – Remodeling and Repair. All residential and commercial remodeling and repair job sites within the Town shall be maintained in such a manner so as to be free of all Remodeling and Repair Construction Debris from the commencement of permitted construction activity through the date of final permit approval. Remodeling and Repair Construction Debris shall be contained in a Container or shall be removed from the job site daily.” SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the containment of waste and the general condition of commercial and residential construction job sites and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT Town Council 46 of 146 Meeting Date: July 18, 2011 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect upon publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 20th day of June, 2011 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town Council 47 of 146 Meeting Date: July 18, 2011 APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council 48 of 146 Meeting Date: July 18, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-25 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE XVIII ENTITLED “JOB SITE MAINTENANCE” OF CHAPTER 3 ENTITLED “BUILDINGS AND CONSTRUCTION” OF THE CODE OF ORDINANCES OF THE TOWN REQUIRING CONTAINERS ON CONSTRUCTION JOB SITES FOR SOLID WASTE COLLECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, trash and debris generated during the construction process create unsafe, unsightly and unsanitary conditions on property; and WHEREAS, the proper containment of construction debris is necessary to protect the health, safety and welfare of property where construction is occurring and of surrounding properties; and WHEREAS, on June 1, 2005, the Town entered into an exclusive contract with Allied Waste Services, Inc., to provide solid waste and recyclable materials collection, transportation and disposal services; and WHEREAS, in May, 2007, the Town agreed to a First Modification to the contract to change primary collection days set forth in the Agreement; and WHEREAS, in June, 2008, the Town agreed to a Second Modification to the contract to adopt increased rates; and WHEREAS, in January, 2010, the Town agreed to a Third Modification to the contract to extend the term of the Agreement for a five (5) year period beginning April 18, 2010 and ending April 17, 2015; and to adopt increased rates; and WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to adopt regulations requiring the use of proper waste Town Council 49 of 146 Meeting Date: July 18, 2011 receptacles on construction sites in accordance with the Town’s exclusive contract for solid waste collection, transportation, and disposal services; and WHEREAS, having previously adopted Article XVIII of Chapter 3 of the Code of Ordinances to regulate job site cleanliness, the Town Council has determined it necessary to clarify the scope of the new regulations and has determined that the additional amendments as set forth herein are necessary and appropriate for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Chapter 3 entitled “Buildings and Construction”, of the Code of Ordinances of the Town of Trophy Club is hereby amended so that Article XVIII entitled “Job Site Maintenance” shall be and read in its entirety as follows: “Article XVIII. Job Site Maintenance Section 18.01. Applicability. This Article shall apply to all new construction, remodeling, and other construction activities within the Town that require a building permit. Section 18.02. Definitions. A. Construction Debris: Debris and other waste building materials resulting from new construction and demolition operations on pavements, buildings and other structures, provided however, that the term shall not include Hazardous Waste. B. Container: A metal container supplied by the Solid Waste Provider. C. Debris: All dirt, concrete, rocks, bricks, wood, building materials, or other trash, refuse, or waste materials, not including Hazardous Waste generated by or as a result of a construction project. Town Council 50 of 146 Meeting Date: July 18, 2011 D. Hazardous Waste: Petroleum and petroleum products, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; and any other chemicals, materials or substances defined as or included in the definition of “hazardous materials,” “hazardous wastes,” “hazardous substances,” “toxic wastes,” “toxic pollutants,” “contaminates,” “pollutants,” “infectious wastes,” “medical wastes, “radioactive wastes,” “sewage sludges” or words of similar import under any applicable environmental law. E. Remodeling and Repair Construction Debris: Debris and other waste building materials resulting from remodeling and/or repair, provided however, that the term shall not include Hazardous Waste. F. Solid Waste Provider: The entity with which the Town of Trophy Club has contracted to provide exclusive solid waste and recyclable materials collection, transportation and disposal services for and within the Town limits. Section 18.03. Worksite Cleanliness and Waste Disposal. A. Worksite Condition – New Construction. All new residential and commercial construction job sites within the Town shall be maintained in such a manner so as to be free of all Construction Debris from the commencement of permitted construction activity through the date of final permit approval. B. Container Required. All Construction Debris generated by or related to a new residential or commercial construction job site shall be wholly contained in a Container. Container shall be of sufficient capacity to prevent spillage, blowing Debris or other unsightly or unsanitary conditions. Each new residential and commercial construction job site within the Town shall utilize at least one (1) Container, except as otherwise expressly provided herein. Such Container shall be located wholly on the single construction job site which it is servicing; provided however, that where two (2) construction job sites are adjacent, one (1) Container placed at a central location on one (1) or more of those job sites may be utilized to service both job sites. Each Container shall be of sufficient size to accommodate disposal of all Construction Debris from the job site or sites for which the Container is servicing. C. Time Frame. A Container shall be placed on the job site(s) on or before the date of the first foundation inspection and shall be maintained upon the job site(s) until final brick completion. Thereafter, the Container may be removed; however, waste containment shall be in accordance with this Section. Town Council 51 of 146 Meeting Date: July 18, 2011 D. Other Receptacles. After the removal of a Container, Construction Debris shall be contained in a proper waste disposal receptacle so that Debris is wholly contained and not visible from the street. E. Worksite Condition – Remodeling and Repair. All residential and commercial remodeling and repair job sites within the Town shall be maintained in such a manner so as to be free of all Remodeling and Repair Construction Debris from the commencement of permitted construction activity through the date of final permit approval. Remodeling and Repair Construction Debris shall be contained in a Container or shall be removed from the job site daily.” SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the containment of waste and the general condition of commercial and residential construction job sites and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. Town Council 52 of 146 Meeting Date: July 18, 2011 SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect upon publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 20th day of June, 2011 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council 53 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-336-T Name: Status:Type:Agenda Item Filed File created:In control:Town Council On agenda:Final action:7/7/2011 Title:Public Hearing to consider a request for a replat of Lot 1, Block A, Trophy Club Plaza. Applicant: Regency Centers, L.P. (RP-11-018) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Public Hearing to consider a request for a replat of Lot 1, Block A, Trophy Club Plaza. Applicant: Regency Centers, L.P. (RP-11-018) EXPLANATION: Upon review of the replat, it was determined that the replat did not meet all requirements. The applicant has agreed to resubmit the replat; therefore, this item is withdrawn. It will be brought before the Council at some time in the future and, if necessary, re-advertised at that time. Town Council 54 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-334-T Name: Status:Type:Agenda Item Regular Session File created:In control:Town Council On agenda:Final action:7/18/2011 Title:Public Hearing to consider a request for approval of an amendment to Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. Applicant: Regency Centers, L.P. (PD-AMD-11-037) Attachments:Staff Report - TC.pdf Application.pdf Newspaper - Public Hearing Notice - PD-21.pdf Property Owner Notification.pdf Property Owners - PD-21.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Public Hearing to consider a request for approval of an amendment to Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. Applicant: Regency Centers, L.P. (PD-AMD-11-037) TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval of an amendment to Planned Development No. 21 to allow a liquor store use in Tract 1 of the Plaza shopping center. Town Council 55 of 146 Meeting Date: July 18, 2011 TOWN COUNCIL July 18, 2011 PURPOSE: Public Hearing to consider a request for approval of an amendment to Planned Development No. 21 (PD-21) “Plaza” Shopping Center, Ordinance No. 99-17 P&Z, Exhibit “C” Development Standards, to allow a liquor store as a permitted use in Lot 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. Applicant: Regency Centers, L.P. PROPERTY OWNER AND APPLICANT: Matthew Booth Regency Centers L.P. 8080 N. Central Expressway #1650 Dallas, TX 75206 Town Council 56 of 146 Meeting Date: July 18, 2011 ADJACENT ZONING/EXISTING LAND USES: North: CG/Trophy Club Commons under construction South: State Highway 114/City of Westlake East: CR/undeveloped floodplain West: R-8 Village West/Single Family Residential and R-12 Residential/Church Planned Development No. 21 (PD-21) is located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. The PD contains three (3) lots (tracts) on approximately 13 acres of land. Lot 2 (Bank of America) and Lot 3 (Walgreens) are not a part of this request. Lot 1 consists of three buildings covering approximately 11 acres. Tom Thumb grocery store occupies one building and the other two buildings are occupied by a variety of retail commercial uses. This request is to allow a liquor store in Lot 1 only, however, if approved, the use would not be allowed by Tom Thumb grocery store as Town regulations do not allow liquor sales, other than beer and wine, in a grocery store. Currently, PD-21 permitted uses include those items allowed in E (Professional), F (Business), and G (Retail) of the Use Table of the Comprehensive Zoning Ordinance: E. Professional Accounting office Admin, executive, editorial office Architectural, engineering, planning office Attorney’s office Hospital Insurance Office Extended Stay Surgery Center Personal/Family Counselor Physician and/or dentist Public secretary F. Business Barber, Beauty, Styling Shops Health, Athletic Shops Massage Shops Medical, Dental, Chiropractic, Optometry, etc. Real Estate Office Tanning Salon Travel Bureau or Agency Weight Reduction Studio Town Council 57 of 146 Meeting Date: July 18, 2011 Permitted Uses Continued G. Retail Art Studio Art supply store Arts, Crafts, Hobby Shops Bakery Shops Bicycle Shop Beer & Wine Sales (Off-Premise Consumption Only) Confectionary Shop Diary Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaners, Pick-up and Drop-off Dry Cleaning Plan Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Florist Grocery Store Hardware Store Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop Jewelry, Watch Store Music Store Tanning Salon Pawn Shop Photograph Service & Studio Printing, Publishing, Engraving Restaurant Restaurant, Drive-In Restaurant w/Alcoholic Beverage Sales Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only Sporting foods Store Wallpaper, Paint Store Wearing Apparel Store Other uses permitted include: Antiques Store Audio, Video, Stereo (no arcade games or adult rentals) Bank Building & Drive Through Bath Shop Book Stores Town Council 58 of 146 Meeting Date: July 18, 2011 Other uses permitted (continued): Cameras/Film Processing Cards and Gifts Children’s Wear China and Glassware Computer/Software Cosmetics/Beauty Supply Curtains and Drapes Fitness/Workout Facility Floor Coverings Food Service Formal Wear/Rental Furniture Ice Cream Store Juice Store Kitchen Store Lamps Laundry and Dry Cleaning (on-site drying cleaning facility limited to Exxon DF-2000 or equivalent). This facility shall not provide equipment or services for another laundry or dry cleaning location. Luggage and Leather Mailing and Packaging /Post Office Men’s Wear Nail Salon Newspaper/magazine Office Supplies Party Supplies Pharmacy Picture Framing Records and Tapes Restaurants Shoe Repair Shoes Sporting Goods Store Stationery-School Supplies Tailor Telephone Store Tobacco Toys Women’s Ready-To-Wear/Women’s Specialty The applicant is asking to add “Liquor Store” to the above permitted uses. Town Council 59 of 146 Meeting Date: July 18, 2011 Maximum Floor Area and Number of Buildings: By the regulations stated in Planned Development No. 21, no more than five (5) buildings shall be constructed or located in Lots 1, 2, and 3. No building shall contain more than 64,100 square feet. Parking Regulations: The minimum number of parking spaces required for the site are one (1) space for each 200 square feet of building area, which was met when the buildings were constructed. The shopping center offers 106,507 sq. ft. of commercial space, requiring 533 parking spaces. The center currently offers 655 parking spaces. . Texas Alcoholic Beverage Commission (TABC) A liquor store establishment in the State of Texas is limited to the following hours of operation: Monday through Saturday from 10 a.m. to 9 p.m. CLOSED: Sundays, Thanksgiving Day, Christmas Day, and New Year’s Day. Town Regulations Regarding Liquor Stores: On May 2, 2011, the Town Council approved a definition and District Classification for liquor stores in Trophy Club. A liquor store may be allowed by Specific Use Permit in “CG” Commercial General zoning, and may be allowed by Specific Use Permit in a Planned Development District if a zoning change (change of use) for the PD is approved by the Council. Liquor Store: A business that sells alcoholic beverages for consumption off- premises. For the purposes of this ordinance, the term “Liquor Store” shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this Ordinance. Local Election: On May 14, 2011, a measure on the local election ballot was passed by Trophy Club voters to allow the sale of liquor for off-premise consumption. Public Hearing As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within at least 500-ft. of the shopping center were notified of this request. Town Council 60 of 146 Meeting Date: July 18, 2011 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this item on July 7, 2011, and made a motion recommending approval of this request. A motion was made by Commissioner Sheridan, seconded by Commissioner Richert, that this Agenda Item be recommended for Approval to the Town Council on July 18, 2011. The motion carried by the following vote: Unanimous 5-0. (ch) Attachments: Application Newspaper Public Hearing Notification Property Owner Notification List of Property Owners who received notification Ordinance Amending PD-21 Ordinance No. 99-17 P&Z Town Council 61 of 146 Meeting Date: July 18, 2011 To w n Co u n c i l 62 of 14 6 Me e t i n g Da t e : Ju l y 18 , 20 1 1 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: June 10, 2011 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, June 15, 2011 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARING TOWN OF TROPHY CLUB PLANNING & ZONING COMMISSION Thursday, July 7, 2011 TOWN COUNCIL Monday, July 18, 2011 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, July 7, 2011, to consider the following: (1) A change to Planned Development District No. 13 (PD-13), Village Shopping Center located along State Highway 114 just west of Trophy Club Drive, to amend Ordinance No. 95-20, Exhibit “C” Development Standards to change the “permitted uses” to allow a liquor store; Applicant: Grace Development; also (2) To consider a request for a Specific Use Permit for a liquor store located in the Village Shopping Center at Highway 114 and Trophy Club Drive; Applicant: Vantex Enterprises, LLC.; also (3) Other miscellaneous changes to PD-13, if needed, as related to the change of use request and SUP, as deemed necessary. (4) A change to Planned Development District No. 21 (PD-21), Plaza Shopping Center located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive, to amend Ordinance No. 99-17, Exhibit “C” Development Standards to change the “permitted uses” to allow a liquor store; Applicant: Regency Centers L.P. (5) To consider a replat of PD-21 to dedicate right-of-way at the corner of Trophy Lake Drive and Trophy Club Drive. Applicant: Regency Centers, L.P. Town Council 63 of 146 Meeting Date: July 18, 2011 (6) Other miscellaneous changes to PD-21 if needed, as related to the change of use request and right-of-way dedication, as deemed necessary. The Town Council will hear the above items on Monday, July 18, 2011 in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Town Council 64 of 146 Meeting Date: July 18, 2011 NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, July 7, 2011 Town Council - Monday, July 18, 2011 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 Zoning Change Request – Change of Use A zoning change request for PD-21, Plaza Shopping Center, to allow a liquor store as a permitted use in the shopping center will be heard by the Planning and Zoning Commission on Thursday, July 7, 2011, at 7 p.m. at Town Hall, 100 Municipal Drive. This request will also be heard by the Town Council on Monday, July 18, 2011. Town regulations require a public hearing for a request for a change to permitted uses within a PD. If Council grants approval of this request, a liquor store will be allowed in the multi-tenant buildings only of Lot 1 (does not include the Bank of America lot or Walgreens lot). Also, Trophy Club regulations do not allow the Tom Thumb Grocery Store and the Walgreens Store to sell liquor other than beer/wine. All Property owners within 500-ft. of Plaza Shopping Center receive written notification of this request. All interested property owners are encouraged to attend the hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Telephone: 682-831-4681 Attn: Carolyn Huggins Community Development 100 Municipal Drive Trophy Club, TX 76262 email: chuggins@ci.trophyclub.tx.us Q:\P&Z\PD-21 TROPHY CLUB PLAZA\LIQUOR STORE\061711 Property Owner Notification Change of Use.doc Town Council 65 of 146 Meeting Date: July 18, 2011 Johnson Myron & Dena 5 Alamosa Dr. Ellsworth Karen 7 Alamosa Dr. Barry Billy 9 Alamosa Dr. Levine David 11 Alamosa Dr. Todd Taylor & Bridgett 13 Alamosa Dr. Price Eddie & Patricia 1 Cimarron Dr. Olsen Gerald & Sandra 2 Cimarron Dr. Bath Elizabeth 3 Cimarron Dr. Newman Melinda 4 Cimarron Dr. Marxer Stephen 5 Cimarron Dr. Worthy Gary & Elia 6 Cimarron Dr. Chamberlin Timothy & Mary 7 Cimarron Dr. Johnson Scott & Marilyn 8 Cimarron Dr. Fluty Lucien 9 Cimarron Dr. Bordelon Barry 10 Cimarron Dr. Strand Scott 11 Cimarron Dr. Jones Alvin 12 Cimarron Dr. Rauch Christopher, Altha, Catherine 13 Cimarron Dr. Johnson Billy 14 Cimarron Dr. Johnson-Rasor Jeanette & James 15 Cimarron Dr. Hodge Danny & Michelle 16 Cimarron Dr. Edwards Cynthia 17 Cimarron Dr. Lane Carolyn 18 Cimarron Dr. Chavez Denise 19 Cimarron Dr. Owens Julian & Martha 20 Cimarron Dr. Wood Mark 101 Creek Courts Dr. Haugland Eric & Theresa 103 Creek Courts Dr. Barnes Charles & Winona 5 Crooked Creek Ct. Such James 6 Crooked Creek Ct. Easy Inv Ent Ltd 7 Crooked Creek Ct. Ryan Timothy 8 Crooked Creek Ct. Torline Sandra 9 Crooked Creek Ct. Smith Patricia 10 Crooked Creek Ct. Plowman Donald 11 Crooked Creek Ct. Little Sharon 12 Crooked Creek Ct. Criswell James & Karen 13 Crooked Creek Ct. Dennison & Caudill Daniel & Richard 1 Llano Dr. Riley Devin 2 Llano Dr. Wilson Murrell & Sally 3 Llano Dr. Scott Elbert & Janette 4 Llano Dr. DiMaggio Mary 5 Llano Dr. Hofstrom Scott & Christina 6 Llano Dr. Cobb William & Paulette 7 Llano Dr. Hutton Brian 8 Llano Dr. Ward Tyrone & Tracy 9 Llano Dr. Jeffery Zachary, Matthew & Jessica 10 Llano Dr. Reeves Glenn & Lisa 2 Meadow Creek Ct. Davis Jeremy 3 Meadow Creek Ct. Baber Jeff & Lyn 4 Meadow Creek Ct. PROPERTY OWNER NOTIFICATION - PD-21 Town Council 66 of 146 Meeting Date: July 18, 2011 PROPERTY OWNER NOTIFICATION - PD-21 Morrison Jeffery & Rosalinda 5 Meadow Creek Ct. Williams Cecilia 6 Meadow Creek Ct. Werkstell Donald 7 Meadow Creek Ct. Grunthaner John 8 Meadow Creek Ct. Darden Terry & Leslie 1 Paint Rock Court 1-20-385 Development Llc 2 Paint Rock Court Doshier John 3 Paint Rock Court Slover-Roa Rosa 4 Paint Rock Court Roman Jeannette 5 Paint Rock Court Bennett Herbert 6 Paint Rock Court Rhame Michael & Pamela 1 Round Rock Ct. Jackson Aaron, Matthew & Kalli 2 Round Rock Ct. Smith Kari 3 Round Rock Ct. Wilkinson Katherine 4 Round Rock Ct. Palmer Mark 5 Round Rock Ct. Wigley & Pierce Guynaell & Christopher 6 Round Rock Ct. Wesley Donna 1 Shasta Dr. Lewis John 2 Shasta Dr. Hill Joseph 3 Shasta Dr. Reckmeyer Daniel 4 Shasta Dr. Luers Dennis 5 Shasta Dr. Pulford Patricia 6 Shasta Dr. Ellison Michael 7 Shasta Dr. Sims Jeff & Michaela 8 Shasta Dr. Chaler Terry 9 Shasta Dr. Hunt Lincoln 10 Shasta Dr. Walters John & Melanie 11 Shasta Dr. Minitre Clarence & Sharon 12 Shasta Dr. Beard Judith 13 Shasta Dr. Rowe Rhylan 15 Shasta Dr. Puskar Ross 17 Shasta Dr. First Baptist Church c/o Jimmy McCleod 800 Trophy Club Dr. Chlouber Keith & Cheryl 972 Trophy Club Dr. Smith David 974 Trophy Club Dr. Stach Philip & Janie 976 Trophy Club Dr. Assante & Petrisky Scott & Kathy 978 Trophy Club Dr. Beck Property 700 Trophy Club Drive Trophy Club Equities 825 Trophy Club Drive Clubcorp Golf Texas 1000 Trophy Club Drive Bank of America c/o I & L Dev Co 353 Trophy Lake Dr. Walgreens c/o Larry & Laurie Ann Scott 541 Trophy Lake Dr. Smith Larry 1 Village Trail Jones Royce 3 Village Trail Kleas Clint 5 Village Trail Simpson Sylvia 7 Village Trail Town of Westlake Town Council 67 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-313-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Public Hearing to consider a request for approval of an amendment to Planned Development No. 13 (PD-13), the “Village”, Ordinance No. 95-20, Exhibit “C” Development Standards to allow a Liquor Store use to the list of Permitted Uses for Tract I. Applicant: Grace Development (PD-AMD-11-036) Attachments:Staff Report - TC.pdf Application.pdf Newspaper Public Hearing Notice.pdf Property Owner Notification - Text.pdf Property Owners - PD-13.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Public Hearing to consider a request for approval of an amendment to Planned Development No. 13 (PD-13), the “Village”, Ordinance No. 95-20, Exhibit “C” Development Standards to allow a Liquor Store use to the list of Permitted Uses for Tract I. Applicant: Grace Development (PD-AMD-11-036) TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval of an amendment to Planned Development No. 13 to allow a liquor store in Tract 1 of the Village shopping center. Town Council 68 of 146 Meeting Date: July 18, 2011 TOWN COUNCIL July 18, 2011 SUBJECT AND PURPOSE: Public Hearing to consider a request for approval of an amendment to Planned Development No. 13 (PD- 13), “Village”, Ordinance No. 95-20, Exhibit “C” Development Standards to allow a Liquor Store as a Permitted Use in Tract 1. Applicant: Grace Development (PD-AMD-11-036) PROPERTY MANAGEMENT: Grace Development 3309 Fairmont Drive Nashville, TN 37203 Town Council 69 of 146 Meeting Date: July 18, 2011 ADJACENT ZONING/EXISTING LAND USES: North: R-11/residential South: State Highway 114/City of Westlake East: PD-13 Tracts 2, 3, and 4 West: R-9/residential PERMITTED USES: Tract 1 consists of two buildings on the westernmost section of PD-13, located along State Highway 114 just west of Trophy Club Drive. The entire PD consists of approximately 10 acres of land and Tract 1 consists of approximately 3.8 of the 10 acres. This planned development is designed to accommodate a variety of commercial retail and commercial office uses. The land is divided into four tracts (Tracts 1, 2, 3, and 4 as shown on the previous page) and there are specific uses and development for each tract. This request is to allow a liquor store in Tract 1 only and, if approved, the use will be added to the following list of permitted uses: PERMITTED USES – TRACT 1, PD-13 Book Stores Stationary, card and party stores Specialty gift stores Computer and electronic sales and service stores Barber, nail and beauty shops Art gallery Confectionery shops Ice cream shops Drug stores, apothecary and pharmacy Jewelry and watch store Florist Arts, crafts and hobby stores Specialty household furnishings and fixtures Boutiques Antique Shops Neighborhood hardware stores Small household appliance stores Bicycle shops (non-motorized) Wearing apparel and shoe shops Art supply store Electric goods and fixtures Sporting goods stores Fabric and knitting shops Music/video store (no video arcade machines allowed, no adult video sales or rentals allowed) Town Council 70 of 146 Meeting Date: July 18, 2011 PERMITTED USES – TRACT 1, PD-13 - Continued Restaurants with no drive-through or drive-in Restaurants with alcoholic beverage sales (subject to required Town approvals) Office supply Photographic service and studio Specialty gourmet food stores Bakery shop Dry Cleaners (pick-up and delivery only) Administrative, executive, editorial office Accounting office Architectural, engineering, planning office Attorney’s office Physician or dentist Municipal administration Insurance office Personal or family counselor Public secretary Bank, savings and loan Mortgage Company Interior design and supply services Specialty neighborhood services Title Company Health and athletic services Weight reduction services Medical, dental, chiropractic, optometry, etc. Real estate office Art studio Dance studio Duplication and mailing service Printing, publishing and engraving Educational services Private health clubs Each building in Tract 1 consists of approximately 18,700 sq. ft. Approximately 9,300 sq. ft. of space is vacant in the building addressed as 2001 State Highway 114 and approximately 1,500 sq. ft. of space is vacant in the building addressed as 2003 State Highway 114: Town Council 71 of 146 Meeting Date: July 18, 2011 2001 State Highway 114 Suite 100 Vacant 3,000 sq. ft. Suite 120 Desire Salon 3,000 sq. ft. Suite 150 Vacant 2,625 sq. ft. Suite 170 Summit Dental 2,625 sq. ft. Suite 180 Trophy Vision 2,381 sq. ft. Suite 190 Fish & Knife 1,365 sq. ft. Suite 210 Vacant 3,712 sq. ft. TOTAL 18,708 sq. ft. 2003 State Highway 114 Suite 300 Cristina’s 4,500 sq. ft. Suite 320 Chic Nails 1,551 sq. ft. Suite 340 Dr. Ford 1,401 sq. ft. Suite 350 Vinny’s 3,750 sq. ft. Suite 380 Quiznos 1,500 sq. ft. Suite 390 Cleaners 1,500 sq. ft. Suite 400 Vacant 1,500 sq. ft. Suite 420 Mary Kay Training 3,000 sq. ft. TOTAL 18,702 sq. ft. Maximum Floor Area and Number of Buildings: By the regulations stated in Planned Development No. 13, Tract 1 is limited to no more than two buildings and each building cannot exceed 20,000 sq. ft. Parking Regulations: The minimum number of parking spaces required for Tract 1 is one space for each 200 square feet of building area, which was met when the buildings were constructed. The shopping center has 178 regulation parking spaces and 9 handicap accessible parking spaces. Texas Alcoholic Beverage Commission (TABC) With proper TABC licensing and inspections, a liquor store establishment in the State of Texas is limited to the following hours of operation: Monday through Saturday from 10 a.m. to 9 p.m. A liquor store is required to be closed on Sundays, Thanksgiving Day, Christmas Day, and New Year’s Day per TABC regulations. Town Regulations Regarding Liquor Stores: On May 2, 2011, the Town Council approved a definition and District Classification for liquor stores in Trophy Club. A liquor store may be allowed by Specific Use Permit in “CG” Commercial General zoning, and may be allowed by Specific Use Permit in a Planned Development District if a zoning change (change of use) in the PD is approved by the Council. Town Council 72 of 146 Meeting Date: July 18, 2011 The Council also approved the following definition for a liquor store: Liquor Store: A business that sells alcoholic beverages for consumption off- premises. For the purposes of this ordinance, the term “Liquor Store” shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this Ordinance. Local Election: On May 14, 2011, a measure on the local election ballot was passed by Trophy Club voters to allow the sale of liquor for off-premise consumption. Public Hearing As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within at least 500-ft. of the shopping center were notified of this request. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this item on July 7, 2011, and made a motion recommending approval of this request. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this Agenda Item be recommended for Approval to the Town Council, on 7/18/2011. The motion carried by the following vote: Unanimous 5-0. (ch) Attachments: Application Newspaper Public Hearing Notification Property Owner Notification List of Property Owners who received notification Town Council 73 of 146 Meeting Date: July 18, 2011 T o w n C o u n c i l 7 4 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, July 7, 2011 Town Council - Monday, July 18, 2011 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 Zoning Change Request – Change of Use A zoning change request for PD-13, Village Shopping Center, to allow a liquor store in Tract 1 will be heard by the Planning and Zoning Commission on Thursday, July 7, 2011, at 7 p.m. at Town Hall, 100 Municipal Drive. This request will also be heard by the Town Council on Monday, July 18, 2011. The shopping center is a planned development (PD-13). Town regulations require a public hearing when a change to allowed uses is requested. If approved, this request is to allow a liquor store in Tract 1 only. Approval of this request will not allow a liquor store to be located in Tract 2 (7-Eleven), Tract 3 (vacant lot), or Tract 4 (Texas National Bank and offices). All Property owners within 500-ft. of Village Shopping Center receive written notification of this request. All interested property owners are encouraged to attend the hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Telephone: 682-831-4681 Attn: Carolyn Huggins Community Development 100 Municipal Drive Trophy Club, TX 76262 email: chuggins@ci.trophyclub.tx.us Q:\P&Z\PD-13 VILLAGE\LIQUOR STORE\CHANGE OF USE\061511 Property Owner Notification Change of Use.doc Town Council 75 of 146 Meeting Date: July 18, 2011 Benson Carolyn & John 1100 Berkshire Ct. Crayne Brenda 1101 Berkshire Ct. Staab Mark 1102 Berkshire Ct. Bullman Michael 1103 Berkshire Ct. Wells Gregory & Sallie 1104 Berkshire Ct. Quijada Ralph & Rosemary 1105 Berkshire Ct. Pankratz Charles & Sylvia 1106 Berkshire Ct. Hohmann Kimberlee 1107 Berkshire Ct. Millett James & Sandra 1108 Berkshire Ct. Hoover Jeffrey 1109 Berkshire Ct. Moody Charles 1110 Berkshire Ct. Cassaday Kenneth 1112 Berkshire Ct. Kass Felicia 1114 Berkshire Ct. Bawcom Jason 1116 Berkshire Ct. Capers & Scott Stanley & Sarah 1 Century Ct. Palmer Lynn & Sharonn 3 Century Ct. Flanigan William 5 Century Ct. Herman Kenneth & Cathy 613 Meadow Lane Meo Lewis & Patricia 12 Riveria Seven Eleven Inc.Lot 2, The Village at Trophy Club 2101 State Highway 114 Marsteller Teresa 1 Straight Creek Ct. Gundersen Amanda & Chad 2 Straight Creek Ct. Metzler Barbara 3 Straight Creek Ct. Moss Robert & Barbara 4 Straight Creek Ct. Miller Alvin & Annette 5 Straight Creek Ct. Penick Daniel & Jami 6 Straight Creek Ct. Thurston Paul & Stephanie 7 Straight Creek Ct. Kahn Monroe & Margaret 8 Straight Creek Ct. Matkin Robert & Laura 9 Straight Creek Ct. Lester Mark & Denise 10 Straight Creek Ct. Rohloff Linda 11 Straight Creek Ct. Megow Carl 12 Straight Creek Ct. Fischer Stephen 14 Straight Creek Ct. Truitt George 1031 Sunset Neidengerger Ted 1033 Sunset Sessions Roger 1100 Sunset Nickodam Wesley & Leeann 1101 Sunset Colwell John & Barbara 1102 Sunset Nichols Karen & Jarboe 1103 Sunset Johnson Robert & Elizabeth 1104 Sunset Cantrell Gary & Margi 1105 Sunset Pagano Joseph 1106 Sunset Baker Larry 1107 Sunset Johnsson Kathe 1108 Sunset Blancett Larry 1109 Sunset Tripton Margaret 1110 Sunset Henry Kurt & Natalie 1111 Sunset Gray David & Barbara 1112 Sunset Clark Robert & Sandee 1113 Sunset PROPERTY OWNER NOTIFICATION - PD-13 Town Council 76 of 146 Meeting Date: July 18, 2011 PROPERTY OWNER NOTIFICATION - PD-13 Zugay Michael & Marolyn 1114 Sunset Bruce Luther & Juanita 1115 Sunset Mohon Charles & Amanda 1116 Sunset Sargent Brandon & Kayla 1117 Sunset White David & Joan 1118 Sunset Priddy Bobby 1119 Sunset Smith Milton 1120 Sunset Scott & Gustafson Mark and Sara 1121 Sunset Trevino Roxanna 1121 Sunset Smith Larry & Norma 1124 Sunset Glaser Paul & Patricia 1125 Sunset Beadle Pamela 1127 Sunset Semeraro Joe & Mary 1128 Sunset Frost Ruth 1129 Sunset Hawker Richard & Marion 1130 Sunset Frawley William 1132 Sunset Maricle Ronnie & Carolyn 1134 Sunset Szydloski Barry & Chary 1136 Sunset St2 Tc Building Lp Lot 5, The Village at Trophy Club 95 Trophy Club Drive Texas National Bank Lot 4, The Village at Trophy Club 95 Trophy Club Drive Fellowship United Methodist Church 101 Trophy Club Drive White Jon 119 Trophy Club Drive Pearson Stacey & Kathryn 121 Trophy Club Drive Melton Winifred 1026 Trophy Club Drive Buberl Charles 1028 Trophy Club Drive Snipes Wilson 1030 Trophy Club Drive Holstead Steven 1032 Trophy Club Drive Jones Mark 1034 Trophy Club Drive Hudson Rocky & Cynthia 1036 Trophy Club Drive Parker Sandra 1038 Trophy Club Drive Zepada Guillermo & Patricia 1040 Trophy Club Drive Barclay Harry & Camille 1122 Trophy Club Drive Sparks Richard 1126 Trophy Club Drive Helms Bill 1034 Wilshire Merritt & Biggerstaff Lauren & Aaron and Lisa & James 1035 Wilshire Anderson Chester 1036 Wilshire Moreno David 1037 Wilshire Baugh Joseph & Kellie 1038 Wilshire Reed Jenifer 1039 Wilshire Suess Gary 1040 Wilshire Donlin John 1041 Wilshire Durbin Debra & Michael 1042 Wilshire Playle Sandra 1100 Wilshire Sidwell Sharon 1102 Wilshire Roemmich Elizabeth 1 Winding Creek Ct. Mora Jabin 2 Winding Creek Ct. Roessner Elizabeth 3 Winding Creek Ct. Ragsdale Donald 4 Winding Creek Ct. Price Harry 5 Winding Creek Ct. Town Council 77 of 146 Meeting Date: July 18, 2011 PROPERTY OWNER NOTIFICATION - PD-13 McDermott Ryan & Jayla 6 Winding Creek Ct. Orvis Mary Ellen 7 Winding Creek Ct. Vertachnik Bradley 8 Winding Creek Ct. Campbell Darrell & Sharon 9 Winding Creek Ct. Oakmont Ent Inc.Lot 3, The Village at Trophy Club Town of Westlake Town Council 78 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-332-T Name: Status:Type:Agenda Item Regular Session File created:In control:Town Council On agenda:Final action:7/18/2011 Title:Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) Attachments:Staff Report - TC.pdf Application - Centennial SUP.pdf Public Hearing Notice - Newspaper - PD-13.pdf Property Owner Notification of Public Hearing - SUP Liquor Store.pdf Property Owners - PD-13.pdf Example - Humidor.pdf Example - Wine Tasting Bar.pdf Store Interior - Shelf Display.pdf Store Interior - Wine Display.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: If Council grants a Specific Use Permit to Centennial, it should be based on the following criteria as stated in Town of Trophy Club regulations: Town Council may deny a SUP if it affirmatively determines that the issuance of such SUP is: a. Incompatible with the surrounding uses or property or b. Detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the Town and its inhabitants. Specific Use Permit issued under this Ordinance runs with the property and is not affected by a change in the owner or lessee of a permitted establishment; provided however, that the owner or lessee to whom the premises has been transferred shall within ten (10) business days of such transfer notify the Planning and Zoning Coordinator of such change in ownership or control of the premises for which the SUP was issued. All Specific Use Permits issued under this Ordinance shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUP’s, as outlined in the Comprehensive Zoning Ordinance, as amended. Town Council 79 of 146 Meeting Date: July 18, 2011 TOWN COUNCIL STAFF REPORT July 18, 2011 Specific Use Permit Request for a Liquor Store for Retail Sales of Alcoholic Beverages for Off-Premise Consumption SUBJECT: Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) PROPERTY MANAGEMENT: Grace Development 3309 Fairmont Drive Nashville, TN 37203 APPLICANT: William C. Hajek, Vice President Centennial Beverage Group, LLC 10410 Finnell Street Dallas, TX 75220 ADJACENT ZONING/EXISTING LAND USES: North: R-11/residential South: State Highway 114/City of Westlake East: PD-13 Tracts 2, 3, and 4 West: R-9/residential BACKGROUND: On May 14, 2011, a measure on the local election ballot was passed by Trophy Club voters to allow the sale of liquor for off-premise consumption. A previous item on this agenda is a change of use request from the property owners of Planned Development No. 13. If the Council approves the change of use request, Centennial Beverage Group requests approval of a specific use permit to open a liquor store in Tract 1 of PD-13. Town Council 80 of 146 Meeting Date: July 18, 2011 Town regulations regarding an SUP for a liquor store require the following information: 1. Description of Business The applicant, Centennial Beverage Group, LLC is the largest liquor store chain in North Texas, operating 67 retail locations under trade names such as Centennial (in Dallas), Majestic (in Fort Worth), Big Daddy’s (North Texas), Fat Dog’s (East Texas), and Doc’s (West Texas). Centennial Liquor Stores were founded in Dallas in 1936 and Majestic Liquor Stores in 1942 in Fort Worth. Centennial is planning to open a 6,000 square foot liquor store in the Village Shopping Center, PD-13, 2001 State Highway 114, Suite 100. Centennial has indicated to staff that an arrangement has been made with Desire Salon and the property owner, Grace Development, to move the salon to a vacant location in the shopping center in order to allow Centennial to have a total of 6,000 square feet by combining Suites 100 and 120. 2001 State Highway 114 Suite 100 Vacant 3,000 sq. ft. Suite 120 Desire Salon* 3,000 sq. ft. Suite 150 Vacant 2,625 sq. ft. Suite 170 Summit Dental 2,625 sq. ft. Suite 180 Trophy Vision 2,381 sq. ft. Suite 190 Fish & Knife 1,365 sq. ft. Suite 210 Vacant 3,712 sq. ft. *Desire Salon will move to Suite 150 or 210 which will free up a total of 6,000 square feet for the liquor store. Centennial plans to use the Majestic trade name in Trophy Club: Majestic Fine Wines and Spirits. The store will offer beer, wine, spirits, a humidor, and a tasting bar (if licensing is approved by TABC). If approved by the Town and by licensing through the Texas Alcoholic Beverage Commission (TABC), the store will begin tenant finish out and plans to be open for business in approximately 90 days – late October, 2011. Hours of Operation (authorized by TABC code): Monday through Saturday 10 a.m. to 9 p.m. CLOSED: Sundays, Thanksgiving Day, Christmas Day, and New Year’s Day Town Council 81 of 146 Meeting Date: July 18, 2011 2. Shopping Center Site Plan Majestic Fine Wines & Spirits will be located in the westernmost building of Tract 1, Planned Development No. 13. PLANNED DEVELOPMENT NO. 13 – VILLAGE SHOPPING CENTER X Town Council 82 of 146 Meeting Date: July 18, 2011 3. Security Plan Centennial’s security plans have been submitted and reviewed and are subject to on-going review and coordination with the Chief of Police to ensure adequate security for the business and adequate safety for Trophy Club residents. 4. Parking The shopping center is zoned for commercial retail and commercial office uses and Town regulations require one space per 200 square feet of building area, which was met when the buildings of Tract 1 of PD-13 were constructed. The shopping center has 178 regulation parking spaces and 9 handicap accessible parking spaces. It is anticipated that a liquor store use, selling product for off-premise consumption only, will require short term parking only. In addition, the location of a liquor store at the westernmost end of this shopping center is considered advantageous to have the least amount of parking impact on other businesses in the shopping center. 5. Signage Details The interior of the store will have a variety of signage. The only exterior signage planned for the establishment is as shown below. Plan review and permitting of the signage is required and the sign must conform to Trophy Club’s sign regulations, Chapter 5, Article IV-Sign Regulations. Town Council 83 of 146 Meeting Date: July 18, 2011 6. Proximity to other Liquor Stores, schools, churches, residential Majestic Fine Wines & Spirits is located adjacent to residential (to the north and west) in an established commercial retail and commercial office shopping center. The closest church is the Methodist Church located on Trophy Club Drive, and as measured by the Building Inspector, is approximately 2,035 ft. distance. There are no schools or day cares in close proximity to the proposed liquor store location. No alcoholic beverages shall be sold within three hundred feet (300-ft.) of a church, public or private school, or public hospital. This liquor store location complies with Town and TABC distance regulations. Public Hearing As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within at least 500-ft. of the shopping center were notified of this request. Town Council 84 of 146 Meeting Date: July 18, 2011 SUMMARY: Centennial has indicated to Town staff that they plan to provide an upscale shopping environment for their customers, offering the finest selection of spirits, wines, and craft beers. They pride themselves on friendly customer service and indicated they are excited at the opportunity to do business with the Town of Trophy Club. Staff review finds that there is adequate ingress/egress to the shopping center to accommodate this use. The shopping center is located along State Highway 114 and will have easy on/off access to State Highway 114 once construction is completed for the 114/170 interchange. In addition, Trophy Club residents can access the shopping center from Trophy Club Drive. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this item on July 7, 2011, and made a motion recommending approval of this request. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this Agenda Item be recommended for Approval to the Town Council on July 18, 2011. The motion carried by the following vote: Unanimous 5-0. (ch) Attachments: Application Newspaper Public Hearing Notification Property Owner Notification List of Property Owners who received notification Example – Humidor Example – Tasting Bar Example – Wine Display Example – Interior Shelving Town Council 85 of 146 Meeting Date: July 18, 2011 T o w n C o u n c i l 8 6 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 8 7 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 8 8 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 8 9 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 Q:\P&Z\PD-13 VILLAGE\LIQUOR STORE\SUP - Majestic\061611 Property Owner Notification SUP Liquor Store.doc NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, July 7, 2011 Town Council - Monday, July 18, 2011 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 Specific Use Permit (SUP) for a Liquor Store to be located in PD-13 Village Shopping Center A request to grant a specific use permit to open a liquor store in PD-13, Village Shopping Center, will be heard by the Planning and Zoning Commission on Thursday, July 7, 2011, at 7 p.m. at Town Hall, 100 Municipal Drive. This request will also be heard by the Town Council on Monday, July 18, 2011. THIS REQUEST WILL ONLY BE HEARD IF THE TOWN COUNCIL APPROVES THE REQUEST FOR A CHANGE OF USE (ZONING CHANGE) TO ALLOW A LIQUOR STORE IN PD-13, WHICH IS ON THE SAME (JULY 18) AGENDA. Majestic Fine Wines & Spirits, owned by Centennial Beverage Group, LLC, is requesting permission to open a 6,000 sq. ft. liquor store on the western end cap of the shopping center. The store intends to sell liquor, beer and wine. All Property owners within 500-ft. of Village Shopping Center receive written notification of this request. All interested property owners are encouraged to attend the hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Telephone: 682-831-4681 Attn: Carolyn Huggins Community Development 100 Municipal Drive Trophy Club, TX 76262 email: chuggins@ci.trophyclub.tx.us Town Council 90 of 146 Meeting Date: July 18, 2011 To w n Co u n c i l 91 of 14 6 Me e t i n g Da t e : Ju l y 18 , 20 1 1 Town Council 92 of 146 Meeting Date: July 18, 2011 Town Council 93 of 146 Meeting Date: July 18, 2011 Town Council 94 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-316-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding an Ordinance amending Planned Development No. 13 (PD-13), “Village”, Ordinance No. 95-20, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1; providing a penalty; and providing an effective date. Applicant: Grace Development (PD-AMD-11-036) Attachments:ORD 2011-26 PZ Liquor Store PD 13.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Consider and take appropriate action regarding an Ordinance amending Planned Development No. 13 (PD-13), “Village”, Ordinance No. 95-20, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1; providing a penalty; and providing an effective date. Applicant: Grace Development (PD-AMD-11-036) Town Council 95 of 146 Meeting Date: July 18, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-26 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2010-28 P&Z OF THE TOWN, AMENDING ORDINANCE NO. 2006-15 P&Z, AMENDING ORDINANCE NO. 2002-23 P&Z, AMENDING ORDINANCE NO. 2001-09 P&Z, AMENDING ORDINANCE NO. 97-23 P&Z, AMENDING ORDINANCE NO. 97-16 P&Z, AND AMENDING ORDINANCE NO. 95-20, THE SAME BEING PD PLANNED DEVELOPMENT NO. 13 WHICH AMENDED THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING FOR AN AMENDMENT TO PD NO. 13, EXHIBIT “C” “DEVELOPMENT STANDARDS,” SUBSECTION “A(1)(b)(1) PERMITTED USES” TO ADD SUBSECTION “AA” TO ALLOW A LIQUOR STORE USE AS A PERMITTED USE, LOCATED IN TRACT 1, TO BE OPEN TO THE PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT NO. 13; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the property management company, on behalf of the owner of Tract 1 of Planned Development No. 13 (the “Land”), described as approximately 3.8 acres of land currently zoned Planned Development No. 13 (PD-13) for Retail Uses, such tract located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114, filed an application with the Town Planning and Zoning Commission requesting an amendment to the PD, more specifically to allow a change in the terms of Exhibit “C” Development Standards, Section A(1)(b)(1) Permitted Uses, modifying the terms of the use of such portion of the Land to allow a liquor store; and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD-13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Town Council 96 of 146 Meeting Date: July 18, 2011 Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01. Ordinance No. 95-20 of the Town of Trophy Club, Texas, as previously amended, the same being the Town's PD Planned Development No. 13, Exhibit “C” “Development Standards”, Section A(1)(b)(1) “Permitted Uses” is hereby amended to add subsection “AA” which shall be and read in its entirety as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose; development standards, uses within individual tracts: 1. Tract 1 (Retail uses, as depicted in Exhibit “B”): The following standards shall apply to Tract 1: (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Permitted uses: … … “(AA) Liquor store (with SUP)” Town Council 97 of 146 Meeting Date: July 18, 2011 SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and specifically PD # 13, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance 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 Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council 98 of 146 Meeting Date: July 18, 2011 SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 18th day of July, 2011. _____________________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _____________________________________ Patricia Adams, Town Attorney Town of Trophy Club, Texas Town Council 99 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-333-T Name: Status:Type:Agenda Item Regular Session File created:In control:Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding a request for a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD-13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Consider and take appropriate action regarding a request for a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Tract 1 of Planned Development No. 13 (PD- 13), Village Shopping Center, just west of Trophy Club Drive at 2001 State Highway 114; Applicant: Centennial Beverage Group, LLC. (SUP-11-01) Town Council 100 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-335-T Name: Status:Type:Agenda Item Regular Session File created:In control:Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding an Ordinance amending Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive; providing a penalty; and providing an effective date. Attachments:ORD 2011-27 PZ Liquor Store PD 21.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/7/2011 1 TITLE Consider and take appropriate action regarding an Ordinance amending Planned Development No. 21 (PD-21), the “Plaza” Shopping Center, Ordinance No. 99-17, by amending Exhibit “C” Development Standards to allow a Liquor Store use as a Permitted Use in Tract 1, located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive; providing a penalty; and providing an effective date. Town Council 101 of 146 Meeting Date: July 18, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-27 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2010-20 P&Z, AMENDING ORDINANCE NO. 2000-14 P&Z, AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 21, WHICH AMENDED THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING FOR AN AMENDMENT TO EXHIBIT “C”, “DEVELOPMENT STANDARDS”, SUBSECTION “A(1)” AND SUBSECTION “A(1)(c)(ii) PERMITTED USES” TO ADD A LIQUOR STORE USE AS A PERMITTED USE, FOR TRACT 1, TO BE OPEN TO THE PUBLIC AND OPERATED FOR ITS INTENDED PURPOSES AS ALLOWED BY THE TERMS OF PLANNED DEVELOPMENT NO. 21; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that certain tract of land (the “Land”), described as a 13.97 acre tract of land as PD Planned Development No. 21 (PD-21) for Professional, Business and Retail uses, said tract generally known as the Trophy Club Plaza; and WHEREAS, on or about July 18, 2000, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2000-14 which allowed the addition of a laundry and dry cleaning facility to the approved uses in PD-21; and WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of propane for sale inside the Walgreen Co. store; and WHEREAS, on or about June 8, 2011, the owner of the Land, Regency Centers L.P., filed an application with the Town Planning and Zoning Commission requesting an amendment to PD-21 to allow a liquor store as a permitted use; and Town Council 102 of 146 Meeting Date: July 18, 2011 WHEREAS, all legal notices, requirements and conditions having been complied with, the proposed amendment to PD-21 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendment to PD Planned Development #21 as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending PD Planned Development #21 as set forth specifically below is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit “C” entitled “Development Standards”, Subsection “A(1)” and “(A)(1)(c)(ii) Permitted Uses” is hereby amended as follows to add a “Liquor Store” use, placed in alphabetical order in the existing list of permitted uses, for Tract 1 of PD-21 which shall be and read in its entirety as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: “1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit “B”): The following standards shall apply to Tracts 1, 2 & 3, except as otherwise provided: (c) Permitted Uses: … (ii) Other uses permitted include: Town Council 103 of 146 Meeting Date: July 18, 2011 … Liquor store (with SUP and only allowed in Tract 1)” SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting land and zoning and specifically PD Planned Development #21, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance 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 Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Town Council 104 of 146 Meeting Date: July 18, 2011 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 18th day of July, 2011. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary, Shannon DePrater Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas Town Council 105 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-352-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/11/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding the award/rejection of bids for Landscape Maintenance, apparent low bidder, D&D Mowing, for an amount not to exceed $274,935.00; and authorizing the Town Manager or his designee to execute necessary documents; or alternatively, direct Town Staff to make expenditures as budgeted in the 2010-2011 Budget to provide landscape maintenance services in-house. Attachments:Landscape Maintenance RFP bid tab.pdf Median & Common Area Operation Costs.pdf Median Map - Group 1.pdf Median Map - Group 2.pdf Median Map - Group 3.pdf Median Map - Group 4.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the award/rejection of bids for Landscape Maintenance, apparent low bidder, D&D Mowing, for an amount not to exceed $274,935.00; and authorizing the Town Manager or his designee to execute necessary documents; or alternatively, direct Town Staff to make expenditures as budgeted in the 2010-2011 Budget to provide landscape maintenance services in-house. EXPLANATION: Council had indicated in the previous budget year that they wanted staff to create an RFP for landscape services of all common areas as the Town was scheduled to assume maintenance of the PID common areas and medians in the first quarter of 2011. Depending on the outcome of that RFP, Council would accept the bid for outside maintenance or if the bid was rejected Council would authorize the acquisition of the additional personnel needed to perform those duties. Staff researched the irrigator position and determined that irrigation must remain in-house to the complexity and demands of our current system. Both bidders agreed that bidding irrigation on this project was not feasible and would be very cost prohibitive. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends the rejection of the bids and moving forward on hiring two maintenance workers and one irrigator. Town Council 106 of 146 Meeting Date: July 18, 2011 TO W N O F T R O P H Y C L U B LA N D S C A P E M A I N T E N A N C E R F P JU L Y 6 , 2 0 1 1 BI D D E R S BASE BID 1 2 D & D M o w i n g X X $274,935 TL C L a n d s c a p e & M a i n t e n a n c e X X $436,405 AD D E N D U M To w n Co u n c i l 10 7 of 14 6 Meeting Date: July 18, 2011 T o w n C o u n c i l 1 0 8 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 1 0 9 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 1 1 0 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 1 1 1 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 1 1 2 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 T o w n C o u n c i l 1 1 3 o f 1 4 6 M e e t i n g D a t e : J u l y 1 8 , 2 0 1 1 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-354-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/14/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding any matters related to the Trophy Club America Supporting Americans program. Attachments:BFair Resignation.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding any matters related to the Trophy Club America Supporting Americans program. Town Council 114 of 146 Meeting Date: July 18, 2011 Shannon DePrater Subject: Resignation s chair of Trophy Club ASA Page 1 of 1 7/14/2011 From: Bob Subject: Resignation s chair of Trophy Club ASA To: cwhite@ci.trophyclub.tx.us Cc: mcantrell@ci.trophyclub.tx.us Date: Monday, June 13, 2011, 9:10 PM Dear Mayor White, I regretfully submit my resignation as chair of the Trophy Club ASA effort. It is with a deep sense of humiliation and sorrow that I was not able to bring forth the level of enthusiasm and determination I hoped from myself and on behalf of the town of Trophy Club. My regrets especially extend to Margie Cantrell and Dee Neidenberger who did all they could to keep the ASA program alive. The program that Wanda Franklin and Judybelle Moats worked so hard to establish is still in place and it is possible with new leadership the program may flourish. However, in my last communication with Captain Texidor, some 4 months ago, it was my understanding the unit would be returning home some time this month. I send him an e-mail last week to confirm this but I have not received an answer. If I may, I would like to suggest that the approximate $250 in First Financial Bank under the "Red White and Blue" account be instead used to support the "Trophy Club Salutes Wounded Warriors, Inc" which is putting together a full-day program at the Club on Saturday, October 1st. I believe the funds remaining would be sufficient to pay for a sponsorship for the event on behalf of the town of Trophy Club. As an aside, I was never able to secure control of the funds at First Financial so either Wanda or Judybelle would have to access. Once again, with a healthy dose of humility, I respectfully request your concurrence with my resignation. Regards, Bob Fair Town Council 115 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-324-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding rescheduling the September 5, 2011 (Labor Day) meeting and scheduling Council meetings for the months of August and September. Attachments:Budget Calendar 11-12.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding rescheduling the September 5, 2011 (Labor Day) meeting and scheduling Council meetings for the months of August and September. Town Council 116 of 146 Meeting Date: July 18, 2011 BUDGET CALENDAR 2011-12 March 11 Friday • Council Retreat - Budget Philosophy and Calendar Discussion March 18 Friday • Capital Needs Requests provided to Managers April 1 Friday • Capital Needs Requests due from Managers April 18 Friday April 25 Monday May 2 Monday May 5 - 6 Thursday-Friday • Management Team Strategic Business Planning Retreat May 11 Wednesday • Base Budgets due back from Managers June 3 Friday • 2011-2012 Budget Overview with Council – Retreat July 18 Monday • Management Budget Update with Council – 5:30PM Workshop July 25 Monday July 29 Friday • Hand Deliver Hard Copy Proposed Budget to Council Members July 31 Sunday August 1 Monday August 12 Friday • Council Workshop - Budget Discussion - 1:00 PM August 15 Monday September 12 Monday September 19 Monday September 26 Monday October 1 Saturday • Fiscal Year 2011-2012 Begins • Mid-Year Review Presentation to Council & Review of Capital Needs with Managers • Denton County Appraisal District Submits Preliminary Tax Values • Tarrant County Appraisal District Submits Preliminary Tax Values • Certified Appraisal Roll Due from Denton Central Appraisal District • Town Manager submits the 2011-2012 Proposed Budget to Council • Management Overview of Proposed with Council – 5:30PM • Second Public Hearing on Tax Increase • Public Hearing on Budget • Adopt PID Assessment Rate • Announce Meeting to Adopt Tax Rate • Announce Vote on Tax Rate • Special Called Council Meeting • Budget Adoption • Tax Rate Adoption • Approve Tax Roll • Vote to Ratify Property Tax Revenue • Submit Effective and Rollback Rate Calculations to Town Council • Vote to Propose Tax Rate (over Effective Rate) • Set Public Hearings for September 12 and September 19 • Public Notice of Public Hearing on Tax increase • Publish Notice of Effective and Rollback Tax Rates, Statement and Schedules • First Public Hearing on Tax Increase • Public Hearing on PID Service Assessment • Announce Meeting to Adopt Tax Rate Town Council 117 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-326-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Consider and take appropriate action regarding financial and variance report dated June 2011. Attachments:June 2011 Monthly Financial Report.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated June 2011. Town Council 118 of 146 Meeting Date: July 18, 2011 Amended May Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 3,423,998$ 3,423,998$ 16,878$ 3,405,154$ (18,844)$ 99.4% SALES TAX 517,450 517,450 - 310,694 (206,756) 60.0% FRANCHISE FEES 565,200 565,200 - 471,867 (93,333) 83.5% BUILDING PERMITS 504,000 504,000 84,936 437,181 (66,819) 86.7% DEVELOPER FEES 50,000 81,766 - 160,542 78,776 196.3% MUD SERVICE CONTRACT 228,076 228,076 228,076 228,076 - 100.0% EMS & MUNICIPAL COURT 300,633 300,633 14,759 231,656 (68,977) 77.1% TRANSFERS & OTHER REVENUE 384,442 384,442 21,341 253,229 (131,213) 65.9% RECREATION PROGRAMS 181,300 181,300 57,682 129,230 (52,070) 71.3% TOTAL REVENUE 6,155,099 6,186,865 423,674 5,627,628 (559,237) 91.0% EXPENDITURES MANAGER'S OFFICE 546,417 546,417 49,819 410,625 (135,792) 75.1% POLICE 1,468,489 1,500,255 106,748 1,029,500 (470,755) 68.6% EMS 676,891 676,891 45,603 474,160 (202,731) 70.0% STREETS 398,446 398,446 30,359 284,531 (113,915) 71.4% PARKS 912,577 953,622 66,437 645,532 (308,090) 67.7% RECREATION 615,088 609,843 92,515 299,151 (310,692) 49.1% PLANNING & ZONING 144,694 144,694 7,516 102,473 (42,221) 70.8% COMMUNITY DEVELOPMENT 191,206 191,206 15,778 129,095 (62,111) 67.5% COURT 79,751 79,751 5,470 57,375 (22,376) 71.9% LEGAL 154,818 154,818 10,630 102,456 (52,362) 66.2% FINANCE 390,915 390,915 22,531 271,175 (119,740) 69.4% INFORMATION SYSTEMS 296,337 296,337 21,774 211,866 (84,471) 71.5% HUMAN RESOURCES 81,752 81,752 7,073 62,990 (18,762) 77.1% FACILITIES MANAGEMENT 77,580 77,580 3,144 57,239 (20,341) 73.8% TOTAL EXPENDITURES 6,034,961 6,102,527 485,396 4,138,169 (1,964,358) 67.8% EXCESS/(DEFICIT)120,138$ 84,338$ (61,722)$ 1,489,459$ 23.2% CURRENT FISCAL YEAR, 2010-11 June 2011 GENERAL FUND 9/12 Months (75% of Fiscal Year) Town Council 119 of 146 Meeting Date: July 18, 2011 GENERAL FUND June 2011 9/12 Months (75% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax - As required by the Government Accounting Standards Board, sales tax is reported for the month it is collected by the vendor. June, 2011 collections are remitted to the Town in August, 2011. Receipts are reported on a two month lag, therefore June, 2011 revenues reflect only seven months (58% of fiscal year) of sales tax collections for the current fiscal year to date. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basis in early spring. The actual year to date revenue includes the monthly franchise payments from Allied Waste and the annual payment from Tri- County Electric. The electric franchise payment from Oncor arrived in May and makes up a significant portion of total franchise revenue (over 50%). Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. Actual fiscal year-to-date receipts include development fees for The Highlands Neighborhoods 1, 5, and 6. MUD Service Contract – The employee service agreement between the Town and MUD1 included payment in two separate installments, October 2010 and March 2011. The current year to date revenue reflects the October 2010 and March 2011 installment. Recreation Programs – Recreation programs are seasonal and should increase in the spring and summer months. EXPENDITURES Recreation – Recreation programs are seasonal and should increase in the spring and summer months. Town Council 120 of 146 Meeting Date: July 18, 2011 Amended May Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PARK REVENUE 126,000$ 126,000$ 7,366 84,496 (41,504)$ 67.1% TOTAL RESOURCES 126,000 126,000 7,366 84,496 (41,504) 67.1% EXPENDITURES TROPHY CLUB PARK 126,000 126,000 7,794 87,904 (38,096) 69.8% TOTAL EXPENDITURES 126,000 126,000 7,794 87,904 (38,096) 69.8% EXCESS/(DEFICIT)-$ -$ (428) (3,408)$ (2.7) TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2010-11 June 2011 9/12 Months (75% of Fiscal Year) Town Council 121 of 146 Meeting Date: July 18, 2011 TROPHY CLUB PARK FUND June 2011 9/12 Months (75% of Fiscal Year) REVENUES Park Revenue – The Motocross Track opened in November, 2008 and use of the park is seasonal. Town Council 122 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-327-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Town Council Liaison Updates; discussion of same: - June 28 and July 11, 2011 EDC 4B Meetings - Council Member Strother - July 12, 2011 Parks & Recreation Meeting - Mayor Pro Tem Hoover Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - June 28 and July 11, 2011 EDC 4B Meetings - Council Member Strother - July 12, 2011 Parks & Recreation Meeting - Mayor Pro Tem Hoover Town Council 123 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-328-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - Investment Policy Certification - Elevated Water Storage Tank Update - Highlands Development Update - Logo/Website RFP Update Attachments:Investment Policy Certification.pdf Elevated Storage Tank - 1.pdf Elevated Storage Tank - 2.pdf Neighborhood Data - As of June 2011.pdf Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - Investment Policy Certification - Elevated Water Storage Tank Update - Highlands Development Update - Logo/Website RFP Update Town Council 124 of 146 Meeting Date: July 18, 2011 To w n Co u n c i l 12 5 of 14 6 Meeting Date: July 18, 2011 Embedded Secure Document The file http://trophyclub.legistar.com/View.ashx?M=F&ID=1409286&GUID=C17556A0-8D9E-41F7-A46C-43C1ADD07D1A is a secure document that has been embedded in this document. Double click the pushpin to view. Town Council 126 of 146 Meeting Date: July 18, 2011 Embedded Secure Document The file http://trophyclub.legistar.com/View.ashx?M=F&ID=1409287&GUID=5775771A-33EF-467E-A9E1-8AAADD80C024 is a secure document that has been embedded in this document. Double click the pushpin to view. Town Council 127 of 146 Meeting Date: July 18, 2011 Town Council 128 of 146 Meeting Date: July 18, 2011 Town Council 129 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-329-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - June 24, 2011 Denton County's Mayor's Roundtable Luncheon - June 28, 2011 Congressman Burgess' Town Hall Meeting - June 29 and July 12, 2011 TML Webinar - SB 100: Understanding the Impact! Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - June 24, 2011 Denton County's Mayor's Roundtable Luncheon - June 28, 2011 Congressman Burgess' Town Hall Meeting - June 29 and July 12, 2011 TML Webinar - SB 100: Understanding the Impact! Town Council 130 of 146 Meeting Date: July 18, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-330-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/1/2011 Town Council On agenda:Final action:7/18/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council 131 of 146 Meeting Date: July 18, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 6. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 7. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 8. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 9. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 10. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 11. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) Town Council 132 of 146 Meeting Date: July 18, 2011 Supplemental Information Town Council 133 of 146 Meeting Date: July 18, 2011 1 Ac t i v i t y Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r December Total Ac c i d e n t s - M i n o r 2 2 2 7 2 2 17 Ac c i d e n t s - M a j o r 1 0 0 1 1 0 3 Ac c i d e n t - H i t & R u n 3 1 0 2 0 0 6 As s a u l t s 1 1 0 1 0 0 3 Bu r g l a r A l a r m s 21 20 21 49 19 33 163 Bu r g l a r y I n P r o g r e s s 1 3 1 0 0 1 6 Bu r g l a r y I n v e s t i g a t i o n s 2 0 4 4 2 3 15 Su s p i c i o u s A c t i v i t y 8 9 13 15 7 12 64 De c e a s e d P e r s o n 0 1 0 0 0 0 1 E. D . P . 0 0 0 0 0 0 0 Di s t u b a n c e 13 5 5 5 10 9 47 Do m e s t i c D i s t u r b a n c e 6 8 3 5 4 2 28 An i m a l C o m p l a i n t 32 55 35 48 32 37 239 In t o x . P e r s o n 4 1 2 1 2 0 10 Bu r g . M o t o r V e h i c l e 2 0 2 3 1 0 8 Fi g h t 0 0 0 0 0 0 0 D. W . I . 0 0 0 0 0 1 1 As s i s t F i r e D e p t . 5 1 4 1 6 4 8 38 Bi c y c l e P a t r o l 0 0 0 0 0 0 0 As s i s t E M S 1 0 5 3 4 6 8 36 Me e t C o m p l a i n a n t 15 8 12 11 19 23 88 Pa r k i n g V i o l a t i o n 11 4 29 69 68 10 6 84 470 Tr a f f i c S t o p 28 0 18 0 27 5 23 0 13 7 15 3 1255 Pe r s o n w / A G u n 1 0 0 0 0 0 1 Pr i s o n e r D e t a i l 0 0 1 0 0 1 2 Ro b b e r y 0 0 0 0 0 0 0 Pr o w l e r 1 0 0 1 0 1 3 Su s p i c i o u s P e r s o n 6 1 9 6 3 4 29 Su s p i c i o u s V e h i c l e 16 9 15 18 13 13 84 Th e f t I n v e s t i g a t i o n 10 0 12 5 6 8 41 Po l i c e D e p a r t m e n t S t a t s - 2 0 1 1 To w n Co u n c i l 13 4 of 14 6 Meeting Date: July 18, 2011 2 Ab a n d o n d V e h i c l e 1 0 0 0 1 1 3 Ab a n d o n d / F o u n d P r o p e r t y 0 0 2 1 2 1 6 Co u r t 0 0 1 1 0 1 3 Es c o r t 0 0 3 1 2 0 6 Eq u i p m e n t S e r v i c e 5 6 9 9 6 3 38 In f o r m a t i o n 5 3 5 2 5 0 20 Cr i m i n a l M i s c h i e f 3 6 6 6 4 2 27 Mi s s i n g P e r s o n 1 1 1 0 0 1 4 Op e n D o o r 9 5 8 20 37 25 104 Ar r e s t 6 13 12 7 2 2 42 St o l e n V e h i c l e 0 1 0 1 0 0 2 As s i s t C i t i z e n 3 3 1 3 1 3 14 As s i s t O f f i c e r 45 52 49 59 43 32 280 Ci t y O r d . V i o l a t i o n 27 10 19 67 73 18 4 380 Ci v i l S t a n d b y 2 0 0 2 0 3 7 Cr i m i n a l T r e s p a s s 2 0 0 0 1 1 4 Fo l l o w U p 10 11 8 11 9 9 58 Fo r g e r y 1 3 1 2 1 4 12 Ki d n a p p i n g 0 0 0 0 0 0 0 Ha r a s s m e n t 1 1 1 0 2 0 5 Pr e m i s e C h e c k 99 93 12 7 11 1 90 89 609 Ru n a w a y 0 0 1 2 0 0 3 Sp e c i a l A s s i g n m e n t 18 16 16 11 3 6 70 Su i c i d e / T h r e a t 1 0 0 0 0 0 1 Su r v e i l l a n c e 0 0 1 0 0 0 1 Tr a f f i c D e t a i l 0 1 9 5 6 9 30 Tr a i n i n g 22 26 17 6 1 0 72 Wa r r a n t S e r v i c e 1 1 8 0 7 9 0 89 Wr i t e R e p o r t 17 15 9 11 15 3 70 Cr i m e P r e v e n t i o n 6 0 8 4 2 2 22 De l i v e r P a c k e t s 17 2 10 27 6 6 68 Fo o t P a t r o l 56 78 58 62 27 42 323 Ho u s e / B u s i n e s s C h e c k 13 6 10 6 14 7 12 2 68 10 8 687 To w n Co u n c i l 13 5 of 14 6 Meeting Date: July 18, 2011 3 Na r c o t i c s V i o l a t i o n 0 3 2 1 1 0 7 Te r r o r i s t i c T h r e a t 0 0 0 0 0 0 0 Cr i m e s A g a i n s t C h i l d r e n 0 1 0 0 0 0 1 Wa r r a n t I n d i c a t e d 0 0 0 0 0 0 0 As s i s t M o t o r i s t 4 1 5 7 5 6 8 45 Ve h i c l e C o m p l a i n t 6 8 7 1 0 7 8 46 As s i s t O t h e r A g e n c y 1 0 6 7 7 6 2 38 Ju v e n i l e C o m p l a i n t 3 7 4 2 2 4 22 Sc h o o l R e l a t e d 15 48 52 31 29 0 175 91 1 H a n g U p 2 4 3 1 3 4 17 Ad m i n D u t y 88 92 91 77 64 76 488 Id e n t i t y T h e f t 0 3 4 1 1 3 12 We l f a r e C o n c e r n 6 6 3 4 6 1 0 35 Cl o s e P a t r o l s 20 1 10 7 52 9 57 7 73 9 10 5 9 3212 To t a l N u m b e r o f C a l l s 1, 3 8 3 1, 1 0 5 1, 7 3 1 1, 7 5 9 1, 7 2 4 2, 1 1 4 0 0 0 0 0 0 9,816 To w n Co u n c i l 13 6 of 14 6 Meeting Date: July 18, 2011 1 June 22, 2011 Number 23 MUNICIPAL RIGHT-OF-WAY AUTHORITY IN FCC’S CROSSHAIRS The Federal Communications Commission (FCC) has released a “Notice of Inquiry (NOI)” (view the NOI at http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0407 /FCC-11-51A1.pdf) regarding local right-of-way regulations and franchise fees and how the agency can “work with” cities “to improve policies for access to rights-of-way and for wireless facility siting.” The NOI could result in federal rules that preempt city right-of-way management authority and/or franchise fees. Specifically, the NOI seeks information and data regarding challenges, best practices, and educational efforts to help the FCC accurately determine the need for policy and rules surrounding broadband deployment. No one should mistake the neutral language in the NOI as being city-friendly. Similar NOIs in the past relating to cable franchising and wireless tower siting have resulted in severe curtailment of municipal authority. The Texas Municipal League, along with the National League of Cities, the National Association of Counties, the National Association of Telecommunications Officers and Advisors, the U.S. Conference of Mayors, and the DON’T MISS THE LEAGUE’S 2011 LEGISLATIVE TRAINING The League is pleased to offer a live seminar covering the city‐ related legislation passed during the 2011 regular legislative session in Austin on June 27. In addition, the League is offering several Webinars on the consequences of S.B. 100, the election date bill. Please go to www.tml.org and click on “Training.” Town Council 137 of 146 Meeting Date: July 18, 2011 2 International Municipal Lawyers Association, will be submitting detailed comments and legal authority to protect municipal interests. It is essential that each city also submits comments, which are due by July 18, 2011.  For cities with a high level of activity relating to broadband deployment in their rights-of- way and/or wireless tower locating, NLC has created a detailed template to assist you with preparing comments. To view that template, go to http://www.nlc.org/File%20Library/Influence%20Federal%20Policy/Advocacy/Regulato ry/comment-template-fcc-noi-broadband-deployment-apr-2011.docx. For comments on how to use the template and detailed electronic filing instructions, go to http://www.nlc.org/File%20Library/Influence%20Federal%20Policy/Advocacy/Regulato ry/comment-template-instructions-fcc-noi-broadband-deployment-apr-2011.pdf.  For cities that aren’t experiencing a high level of activity in this area, comments are still needed. A simple statement to the effect that no company or person has complained that a city’s right-of-way policies are limiting broadband deployment is sufficient. The FCC has a very simple, express filing system that allows you to enter your contact information and type or cut and paste brief comments on an electronic form. To use that system, go to http://fjallfoss.fcc.gov/ecfs/ and click on proceeding number 09-51. City participation in this federal process is imperative to protecting municipal authority and revenue. GOVERNOR’S VETOES INCLUDE CITY-RELATED BILLS Governor Rick Perry has vetoed 24 bills passed by the legislature during the regular session. Five of the 24 were city-related bills described in the League’s “wrap-up” Legislative Update of June 3. Those five vetoes are detailed below:  H.B. 242 (Craddick/Hegar) – Law Enforcement/Texting While Driving: would have, among other things: (1) required the head of a local law enforcement agency at which a person last served as a reserve law enforcement officer to issue the person photo identification if the person holds a certificate of proficiency; (2) prohibited the operator of a motor vehicle from using a hand-held wireless communication device to read, write, or send a text-based communication while operating the vehicle unless the vehicle is stopped; (3) excepted the operator of a motor vehicle from prosecution for violating the prohibition in (2), above, if the operator uses a hand-held wireless communication device: (a) to read, select, or enter a phone number or name to make a phone call; (b) in conjunction with voice-operated technology or a hands-free device; or (c) to navigate using a global positioning system; and (4) excepted the operator of a motor vehicle from prosecution for violating the prohibition in (2), above, if the hand-held wireless communication device is used by the operator to relay information between the operator and a dispatcher in the course of the operator’s occupational duties and is affixed to the vehicle. Town Council 138 of 146 Meeting Date: July 18, 2011 3 According to the governor’s veto message, “[t]exting while driving is reckless and irresponsible. I support measures that make our roads safer for everyone, but House Bill 242 is a government effort to micromanage the behavior of adults. Current law already prohibits drivers under the age of 18 from texting or using a cell phone while driving. I believe there is a distinction between the overreach of House Bill 242 and the government's legitimate role in establishing laws for teenage drivers who are more easily distracted and laws providing further protection to children in school zones.” The message further stated that, “[t]he keys to dissuading drivers of all ages from texting while driving are information and education. I recommend additional education on this issue in driving safety and driver's education courses, public service ads, and announcements, and I encourage individuals and organizations that testified in favor of the anti-texting language included in this bill to work with state and local leaders to educate the public of these dangers.”  H.B. 2403 (Otto/Ogden) – Sales Tax: would have provided that a retailer is engaged in business in this state if the retailer: (1) holds a substantial ownership interest in, or is owned in whole or in substantial part by, a person who maintains a location in this state from which business is conducted if: (a) the retailer sells a substantially similar product as the related retailer and does so under a substantially similar name; and (b) the facilities or employees of the related retailer are used to advertise, promote, facilitate, or perform any other activity on behalf of the retailer; or (2) holds a substantial ownership interest in, or is owned in whole or in substantial part by, a person that maintains a distribution center, warehouse, or similar location in the state that delivers property sold by the retailer. According to the governor’s veto message, he has “serious concerns about the impact and appropriateness of House Bill No. 2403. In particular, I believe this legislation risks significant unintended consequences. My strong preference is to conduct a thorough policy discussion with Texas lawmakers, consumers, retailers and technology experts – and with other states and even the federal government – about interstate commerce and the structure of state sales taxes in the 21st century. That conversation is underway, and I believe that a consensus can and should be reached that balances the competing interests, respects federalism, and is fair and equitable. I call on the legislature to review this issue further while we reach out to our federal delegation and our friends in other states to build consensus.”  H.B. 2499 (Cook/Nichols) – Department of Information Resources: this is the Department of Information Resources sunset bill. Of particular interest to cities, the bill would have: (1) required the department to adopt a process to determine the amount of the administrative fee the department charges to administer any of its programs and, among other things, requires that the amount of a fee directly relate to the amount necessary for the department to recover the cost of its operations; (2) required the board to establish rules regarding the approval requirements for all contracts; and (3) transferred certain powers to the comptroller, including the authority to charge an administrative fee to a city that purchases commodity items through the comptroller. Town Council 139 of 146 Meeting Date: July 18, 2011 4 According to the governor’s veto message, “House Bill 2499 seems to ignore the progress DIR’s new leadership has made in improving agency operations and efficiencies. The bill also undermines executive branch authority by removing a single state agency from data center consolidation, removing qualified and hardworking board members from their positions without cause, and removing DIR’s important procurement function during the ongoing re-procurement of data services. I do not take lightly the impact this veto could have on the future of important state information resources functions. Therefore, I have asked the legislature to include legislation during the ongoing special session to extend DIR operations through 2017. I also request DIR to closely examine the Sunset Commission report, as well as House Bill 2499, to help implement additional operational improvements, and to work closely with its agency customers and experts in the Office of the Comptroller of Public Accounts and office of the Attorney General, to constantly improve procurement efficiency and effectiveness.”  H.B. 2608 (Harper-Brown/Hinojosa) – Housing: this is the Texas Department of Housing and Community Affairs (TDHCA) sunset bill. The bill, among many other things, would have provided that: (1) TDHCA is continued for 12 years; (2) pursuant to the Texas Disaster Act, each local and interjurisdictional agency shall prepare and keep current an emergency management plan for its area providing for disaster mitigation, preparedness, response, and recovery that identifies: (a) any requirements or procedures that local agencies and officials must satisfy or implement to qualify for long-term federal disaster recovery funding and prepare for long-term disaster recovery; and (b) any appropriate state or local resources available to assist the local agencies and officials in satisfying or implementing those requirements or procedures; (3) TDHCA, in consultation with the Texas Department of Rural Affairs and the office of the governor, shall develop – in consultation with local government officials and others – a long-term disaster recovery plan to administer money received for disaster recovery from the federal government or any other source; and (4) if an application for low income housing tax credits satisfies TDHCA’s threshold criteria, TDHCA shall score and rank the application using a point system that takes into account, among other things, quantifiable community participation with respect to the development evaluated on the basis of a resolution concerning the development that is voted on and adopted by the governing body of a city whose boundaries contain the proposed development site. According to the governor’s veto message, the “bill would adopt the majority of the changes recommended by the Sunset Commission, most of which are technical clarifications on administrative procedures. The bill would continue the operations of the agency until 2023. However, overly prescriptive language was added to House Bill 2608 that would impose a new layer of bureaucracy that makes unrealistic demands of the state, delay assistance to communities hit by disasters and duplicate disaster planning conducted by the Texas Division of Emergency Management. While this language may have been well-intentioned, in many instances it would require the state to issue plans for expenditure of federal disaster recovery funds before federal agencies have announced the rules governing the expenditure of those funds. I do not take lightly the impact this veto may have in potentially shutting down TDHCA over the next year. That is why I Town Council 140 of 146 Meeting Date: July 18, 2011 5 have asked the legislature during this special session to amend language in pending legislation to continue the operation of TDHCA.”  H.B. 2972 (T. Smith/Wentworth) – Street Maintenance Sales Tax: would have provided that: (1) a city in which at least 66 percent or more of the voters in the previous two consecutive elections regarding the adoption or reallocation of the tax favored the adoption or reallocation of the tax may call an election to reauthorize the street maintenance sales tax for eight years; and (2) revenue from the street maintenance sales tax may be used to maintain and repair sidewalks. According to the governor’s veto message, “House Bill 2972 would restrict Texans’ power to vote on whether to maintain or increase a street maintenance tax. House Bill 2972 would allow municipalities to delay voter input by limiting the tax elections to once every eight years rather than the current four-year period. Texans should have the right to vote on tax measures sooner rather than later.” RECENT SPECIAL SESSION ACTIONS: 1S.B. 1 (FISCAL MATTERS) AND 1S.B. 9 (SANCTUARY CITIES) 1S.B. 1 (Ogden) is the state “fiscal matters” bill that must be passed during the special session in order to balance the state’s budget. The bill recently passed the House, where multiple amendments were added. The Senate refused to concur in the House amendments, which led both the House and Senate to appoint conference committees to work out the differences. Several floor amendments of interest to cities were added on the House floor to the House committee substitute for 1S.B. 1, including: 1. An amendment that would: (1) authorize a peace officer who makes a motor vehicle stop to request and obtain: (a) one digital fingerprint from each hand of the vehicle’s operator if the person fails to provide a driver’s license, a passport, or other form of photographic identification; and (b) an ink fingerprint if the operator fails to provide identification described in (a) and the officer issues a citation; (2) authorize a law enforcement agency to maintain the fingerprint beyond the duration of the stop if the person is cited or arrested during or as a result of the stop; (3) require discard of the fingerprint after the charge is dismissed, the person is acquitted, or the person is convicted of an offense punishable by fine; (4) require a court to notify fingerprint custodians after disposition of a defendant’s case; and (5) allow an officer to obtain fingerprints through a person’s voluntary compliance with the officer’s request or other lawful means. 2. An amendment that would provide that an interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase roofing materials or services from a person who provided consulting services to the cooperative on the contract, including materials or services for repair or replacement of a roof, unless the contract is a renewal of a contract based on a request for proposal submitted before October 1, 2011. Town Council 141 of 146 Meeting Date: July 18, 2011 6 3. An amendment that would allow an organization created for religious, educational, or charitable purposes that is exempt from the payment of sales and use taxes to issue an exemption certificate to a seller when obtaining taxable items to be sold by the organization during a tax-free sale authorized by the Tax Code. 4. An amendment that would exempt from sales taxes the sale of any gold, silver, or numismatic coins, or platinum, gold, or silver bullion. 5. An amendment that would entitle a qualified data center to receive a refund of sales taxes from the comptroller for the purchase of tangible personal property necessary to manage or operate the data center. 6. An amendment providing that quarterly mixed beverage tax reimbursements issued to cities by the comptroller may not be less than 10.7143 percent of receipts from permittees within the city. 7. An amendment repealing the 15-cent court cost on convictions relating to a child passenger safety seat offense. 8. An amendment providing that a community housing development organization or an organization constructing or rehabilitating low-income housing is considered to own property for property tax exemption purposes if the organization has legal or equitable title to the property, but this exemption does not apply to such an organization located in Harris County. Meanwhile, legislation addressing the so-called “sanctuary cities” issue, as well as the implementation of the federal Secure Communities Program, passed the Senate, and was recently heard in the House Committee on State Affairs. 1S.B. 9 (Williams), as it passed the Senate, prohibits cities from enacting policies that prohibit police officers from inquiring into immigration status during lawful detentions. It also requirs city jails to run immigration checks using the federal Secure Communities program on all detainees. Although the “sanctuary city” language appears as though it will remain intact as 1S.B. 9 proceeds to the House floor, a committee substitute has been offered in the House Committee on State Affairs. Legislators have stated that it would alter the Secure Communities component of the bill in a manner that would benefit some cities. City officials should contact their senators and representatives to express their support for a more flexible Secure Communities provision being included in the House committee substitute. TCEQ ACCEPTING INFORMAL COMMENTS ON PROPOSED CHANGES TO SMALL MS4 GENERAL PERMIT The Texas Commission on Environmental Quality (TCEQ) is in the process of renewing the general permit that allows certain cities to discharge storm water under the Texas Pollutant Discharge Elimination System (TPDES). The permit applies to small municipal separate storm water systems, known as Phase II MS4s. It will make several substantive changes to the current general permit, and cities operating as small MS4s should review these changes carefully. Town Council 142 of 146 Meeting Date: July 18, 2011 7 A summary of the proposed permit changes is available on TCEQ’s Web site at: http://www.tceq.texas.gov/assets/public/permitting/waterquality/attachments/stormwater/0611sw sum.pdf. TCEQ is seeking informal comments on the proposed changes. The official proposal and comment process will not begin for several months, so this is an opportunity for cities to effect real changes in the language by making their concerns with the proposed changes known early in the process. To submit comments or ask questions about the permit renewal process, please contact Hanne Nielsen at hanne.nielsen@tceq.texas.gov. FIRST SPECIAL SESSION: CITY-RELATED BILLS FILED 1H.B. 10 (Solomons) – Immigration: would provide that, not later than 48 hours after a person is arrested and before the person is released on bond, the law enforcement agency that has custody of the person shall: (1) have the person’s immigration status verified by: (a) a law enforcement officer who is authorized under federal law to verify a person's immigration status; or (b) a federal law enforcement officer; and (2) notify United States Immigration and Customs Enforcement that the person is in the custody of the law enforcement agency if information received following a request under (1), above, reveals that the person is not a citizen or national of the United States and is unlawfully present in the United States. 1H.B. 11 (Solomons) – Immigration: would: (1) require a local law enforcement agency that has custody of a person who has been arrested and transported to a place of detention to verify the immigration status of the person by use of the federal Secure Communities program operated by United States Immigration and Customs Enforcement; and (2) provide that a local law enforcement agency is excepted from the requirement in (1), above, if a person is transferred to the custody of the agency by another law enforcement agency and the transferring agency, before transferring custody of the person, conducts an immigration status verification. 1H.B. 83 (Garza) – Workers’ Compensation: would provide that a public employee who alleges that a public employer has discriminated against him for, among other things, filing a workers’ compensation claim in good faith may sue the public employer for relief, and sovereign or governmental immunity is waived and abolished to the extent of liability for the relief allowed under law. (This bill would overturn the recent Supreme Court of Texas decision in Travis Central Appraisal District v. Diane Lee Norman.) 1H.J.R. 14 (Pickett) – Transportation Funding: would amend the Texas Constitution to provide that: (1) subject to legislative allocation, appropriation, and direction, three fourths of the net revenue from the motor fuel tax shall be used for the sole purpose of constructing and maintaining public highways, and one-fourth of the net revenue shall be allocated to school funding; and (2) for a biennium, the legislature may not appropriate funds derived from the revenue described (1), above, for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in an amount that exceeds the lesser of: (a) the total amount of those funds appropriated for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in the preceding biennium; or (b) the maximum amount that may Town Council 143 of 146 Meeting Date: July 18, 2011 8 be appropriated under (a), above, reduced by 20 percent from the preceding biennium if the estimate of anticipated revenue from all sources made in advance of the regular session for the biennium exceeds the total amount of revenue from all sources for the preceding biennium by more than three times the amount of the reduction. 1S.B. 38 (Ellis) – Sales Tax: would provide that a taxpayer may deduct and withhold three- fourths of one percent of the amount of taxes due from the taxpayer on a timely return as reimbursement for the cost of collecting sales taxes, so long as the total amount deducted does not exceed certain specified limits per month, quarter, and year. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Town Council 144 of 146 Meeting Date: July 18, 2011 1 July 1, 2011 Number 24 SPECIAL SESSION ENDS WITH A WHIMPER The first special session of the Eighty-Second Legislature adjourned sine die on June 29. Most city-related measures, including sanctuary city and “intrusive touching” prohibitions, did not pass. The legislature passed a number of fiscal matters bills that were necessary to balance the state budget for the upcoming biennium, including those related to health care and the judicial system. Of particular interest to cities is the passage of 1 S.B. 1 (Ogden/Pitts). That bill contains the following city-related provisions: 1. Provides that quarterly mixed beverage tax reimbursements issued to cities by the comptroller may not be less than 10.7143 percent of receipts from permittees within the city. (In other words, beginning with the 2014-2015 biennium, the legislature may no longer reduce cities’ share of the mixed beverage tax solely through the budget appropriations process, as was done this session for the 2012- 2013 biennium.) 2. Repeals the 15-cent state court cost on convictions relating to a child passenger safety seat offense. 3. Modifies the Super-Freeport property tax exemption to clarify that the exemption is not available for goods stored at a warehouse that is in “any way owned or controlled by the owner of the goods.” 4. Continues the Texas Department of Information Resources and the Texas Department of Housing and Community Affairs. (The “sunset” bills for these agencies failed to pass during the regular session.) Town Council 145 of 146 Meeting Date: July 18, 2011 2 5. Allows the governor to transfer money from the Texas Enterprise Fund to the Texas Department of Housing and Community Affairs for the Texas Homeless Housing and Services program. 6. Provides that a retailer is engaged in business in this state if the retailer: (1) holds a substantial ownership interest in, or is owned in whole or in substantial part by, a person who maintains a location in this state from which business is conducted if: (a) the retailer sells a substantially similar product as the related retailer and does so under a substantially similar name; and (b) the facilities or employees of the related retailer are used to advertise, promote, facilitate, or perform any other activity on behalf of the retailer; or (2) holds a substantial ownership interest in, or is owned in whole or in substantial part by, a person who maintains a distribution center, warehouse, or similar location in the state that delivers property sold by the retailer. (This provision is sometimes referred to as the “Amazon.com” fix.) Now that the legislature has adjourned, the TML Legislative Update will return to a less- frequent schedule, which is usually monthly or as-needed. SENATE BILL 100 Senate Bill 100 (Van de Putte/V. Taylor) is the legislation that may require cities to modify their general election date and/or schedule. The League will be compiling information related to the bill, including legal analyses and other documents. That information will be available soon at www.tml.org by going to the “Legal” page and clicking on “S.B. 100.” League attorneys are always available to answer questions on this issue or any other at legalinfo@tml.org or 512-231-7400. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Town Council 146 of 146 Meeting Date: July 18, 2011