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Agenda Packet TC 06/18/2012Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, June 18, 2012 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2012-262-T Discussion of Allied Waste/Republic Services' Regional Contract Proposal. 2. 2012-272-T Discussion of Storm Drainage Fund Strategy. 3.2012-263-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 18, 2012. 4.2012-264-T Discussion of proposed agenda items for the July 16, 2012 Regular Session Agenda. July 16, 2012 Proposed Agenda Items.pdfAttachments: 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 Page 1 of 86 Meeting Date: June 18, 2012 June 18, 2012Town Council Meeting Agenda 5.2012-265-T Consider and take appropriate action regarding the Minutes dated June 2, 2012 (Council Retreat). June 2 2012 Minutes.pdfAttachments: 6.2012-266-T Consider and take appropriate action regarding the Minutes dated June 4, 2012. June 4 2012 Minutes.pdfAttachments: 7.2012-246-T Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on the First Financial Bank and TexPool signature accounts. REGULAR SESSION 8.2011-637-T Consider and take appropriate action regarding approval of a Final Plat for Waters Edge at Hogan’s Glen, Phase 2B-2, consisting of 6 residential lots and 2 common area lots for a total of 3.913 acres, located in Planned Development No. 22. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Waters Edge at Hogan's Glen, Phase 2B-2; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report - TC 061812 - WEHG.pdf Application - WEHG Ph 2B-2.pdf Waiver Letter +30 days 4-18-12.pdf Subdivider's Agreement - WEHG Ph 2B-2 - Early Release.pdf Construction Costs - WEHG 2B-2.pdf Attachments: 9.2011-652-T Consider and take appropriate action regarding approval of a Final Plat for Canterbury Hills, Phase 1A (11.165 acres) located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Canterbury Hills, Phase 1A; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report - TC 061812 - CH Ph 1A.pdf Application.pdf Waiver Letter +30 days 4-18-12.pdf Subdivider's Agreement - CH Ph 1A - Early Release.pdf Construction Costs - Canterbury Hills.pdf Attachments: Town Council Page 2 of 86 Meeting Date: June 18, 2012 June 18, 2012Town Council Meeting Agenda 10.2012-260-T Consider and take appropriate action regarding Change Order #2 and Change Order #3 to the Roundabout road construction project regarding a merge lane from Village Trail onto Trophy Lake Drive; and authorizing the execution of necessary documents. Change Order 2 (Merge Lane).pdf MERGELANE-LARGE.pdf Change Order 3 (Merge Lane WL).pdf Attachments: 11. 2012-273-T Briefing of Independence East Development, Zoning Requirements and related matters; discussion of same. 12.2012-261-T Consider and take appropriate action regarding an Ordinance amending Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” to further limit hours and holidays when construction is allowed within the Town and identifying appropriate Town personnel for permit issuance; providing for a penalty for each offense, and providing an effective date. ORD 2012-14 NOISE NUISANCES.pdfAttachments: 13.2012-267-T Consider and take appropriate action regarding financial and variance report dated May 2012. May 2012 Financials.pdfAttachments: 14.2012-268-T Town Council Liaison Updates; discussion of same: - EDC 4B June 11, 2012 meeting; Mayor Pro Tem Strother 15.2012-269-T Town Manager Slye's update regarding the following; discussion of same. - Transportation - Distinguished Budget Presentation Award - Park Improvements - TML IEBP Board Meeting - June 26-29, 2012 16.2012-270-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - June 5, 2012 Chamber Luncheon - June 13, 2012 Northwest Communities Partnership Meeting - June 15, 2012 Mayor's Roundtable - June 15, 2012 NCTCOG 46th Annual General Assembly Meeting 17.2012-271-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 3 of 86 Meeting Date: June 18, 2012 June 18, 2012Town Council Meeting Agenda 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, June 14, 2012 by 6:00 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 ______________________, 2012. ________________________________, Title: ___________________________ Town Council Page 4 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-262-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Discussion of Allied Waste/Republic Services' Regional Contract Proposal. Attachments: Action ByDate Action ResultVer. TITLE Discussion of Allied Waste/Republic Services' Regional Contract Proposal. EXPLANATION: Our current solid waste provider (Allied Waste) has coordinated a joint contract proposal with Trophy Club and Roanoke that would require substantial changes to our existing solid waste contract. The purpose of this meeting is to introduce you to the proposal and gauge support for an action item to consider this proposal at a future meeting. 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 Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages 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 Develop, recognize, 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 Town Council Page 5 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-263-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 18, 2012. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 18, 2012. Town Council Page 6 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-264-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Discussion of proposed agenda items for the July 16, 2012 Regular Session Agenda. Attachments:July 16, 2012 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the July 16, 2012 Regular Session Agenda. Town Council Page 7 of 86 Meeting Date: June 18, 2012 Meeting Date 7/16/2012 Item File ID Dept Have ARF? Workshop Budget workshop - 5:30 p.m. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for July 16, 2012. Town Sec Discussion of proposed agenda items for the August 6, 2012 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated June 18, 2012. Town Sec Amendment of Chapter 1, Article 6 Legal Public Hearing Regular Session Consider and take appropriate action regarding financial and variance report dated June 2012. Finance Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Sec Town Manager Slye's update regarding the following; discussion of same. Town Sec Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Town Sec Items for Future Agendas.Town Sec Executive Session Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 8 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-265-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding the Minutes dated June 2, 2012 (Council Retreat). Attachments:June 2 2012 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated June 2, 2012 (Council Retreat). Town Council Page 9 of 86 Meeting Date: June 18, 2012 MINUTES FROM TOWN COUNCIL RETREAT FOR THE TOWN OF TROPHY CLUB LOCATION: Hilton Garden Inn 2600 Westport Parkway Fort Worth, Texas 76177 Saturday, June 2, 2012 at 8:00 A.M. The Town Council of the Town of Trophy Club, Texas, met in a Council Retreat on Saturday, June 2, 2012 and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Bill Rose Council Member Jeannette Tiffany Council Member Danny Mayer Council Member Clint Schroeder Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Mike Conduff Retreat Facilitator, President, and CEO of the Elim Group Mayor White announced the date of June 2, 2012, called the meeting to order and announced a quorum at 8:10 a.m. 1. - Welcome - Team Building/Communication; discussion of same. - Review of current Council Strategy Map and Objectives; discussion of same. - Current Budget Initiatives; discussion of same. Town Manager Slye welcomed Council and introduced Mike Conduff, President and CEO of the Elim Group. Conduff welcomed Council and expressed his excitement to be working with the Town of Trophy Club. Conduff started the retreat by setting the stage and shared that the Council’s behaviors would be addressed. Conduff addressed how individuals learn by using the five senses. Each Council member introduced themselves and stated how long they have lived in Trophy Club, what brought them to Troph y Club and something they love about Trophy Club. Conduff called a short break at 8:58 a.m. Conduff explained how behaviors are what we do, we choose to act the way we do because of our background and values. The Council discussed the values for teams, including trust, open-mindedness, honesty, integrity, respect, commitment, follow-through, and fairness. Mike Conduff and Council discussed the Eight Indisputable Behaviors of the OnTarget Council Member: Town Council Page 10 of 86 Meeting Date: June 18, 2012 Behavior 1 – Act on Behalf - Council defined the owners and customers of Trophy Club and Conduff explained how the Council acts on Behalf of the owners and customers by focusing on the good of the whole and not on individual interests. Behavior 2 – Know their Job - This section covered understanding Council’s responsibilities of receiving information from staff in order to understanding the various business components of the organization and educating themselves about the trends in Governance and Education. Behavior 3 – Set Targets – Council discussed who the owners of Trophy Club are and what their job is as council members. Conduff expressed that Council needs to make sure the vision and dream for Trophy Club work and come together. This section also included discussion on how to juggle time and resources for current and future projects and how to set priorities and work on the big projects first. Conduff called a short break at 11:16 a.m. to set up for lunch. Council continued their discussion regarding current town issues for future agendas during lunch. Conduff called a short break at 1:10 p.m. Behavior 4 – Identify the Risk – Council identified risks and discussed social and organizational awareness. Behavior 5 – Delegate the Work – Conduff expressed, if the work needs to be done by a paid staff member, then let the staff do its work. Behavior 6 – Access Performance – Conduff shared that Council should perform after action reviews when large projects are completed. Behavior 7 – Practice Discipline – Practice makes perfect. Behavior 8 – Report Back – Conduff explained how the eight behaviors link to each other and how behavior becomes full circle. ADJOURN Mayor White adjourned the Council retreat at 2:55 p.m. ___________________________________ ___________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 11 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-266-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding the Minutes dated June 4, 2012. Attachments:June 4 2012 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated June 4, 2012. Town Council Page 12 of 86 Meeting Date: June 18, 2012 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 4, 2012 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 4, 2012. 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 Glenn Strother Mayor Pro Tem Bill Rose Council Member Jeannette Tiffany Council Member Danny Mayer Council Member Clint Schroeder Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Lee Delk Police Commander Danny Thomas Fire Chief Carolyn Huggins Community Development Director April Reiling PIO/Marketing Manager Mayor White announced the date of June 4, 2012, called the meeting to order and announced a quorum at 7:00 p.m. The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by PIO/Marketing Manager April Reiling. Mayor White moved the following agenda item up: 4. Presentation of Life Saving Award by Fire Chief Danny Thomas. Fire Chief Danny Thomas presented the Life Saving Award to Lt. Shane Beck, Engineer Shawn Garrett, Firefighter Matt Tackett, and Firefighter Casey Cloud for their efforts in helping save the life of Trophy Club resident Gary Bedson. 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. Town Council Page 13 of 86 Meeting Date: June 18, 2012 The following citizens made presentations to the Town Council: • Barry Huizenga, 120 Greenhill Trail South, addressed Council regarding the sound system at the Byron Nelson High School Stadium. Mr. Huizenga requests the Council and NISD work together and come up with a solution to allow the sound system to be loud enough for those in the stadium hear the announcer. • Mike Fitzgerald, 2421 Lilyfield Drive, addressed the Council regarding Independence Park’s baseball fields lighting and noise level. • Sue Fitzgerald, 2421 Lilyfield Drive, addressed the Council regarding her drainage, privacy, and noise issues resulting from Independence Park. Ms. Fitzgerald is requesting a 40-foot buffer between the houses in Royal Troon and Independence Park. • Julie Folley, 2407 Lilyfield Drive, addressed the Council regarding the lighting from Independence Park and Larry Hoover’s possible appointment to the Vision Trophy Club Committee. Ms. Folley requested that the 40-foot buffer be placed back on the agenda for discussion. • Scott Folley, 2407 Lilyfield Drive, addressed the Council emphasizing the previous speakers’ feelings and thoughts regarding the buffer zone being placed back on the agenda for discussion. • Lynda Sanders,7 Hayes Court, addressed the Council regarding the possible appointment of Larry Hoover’s appointment to the Vision Trophy Club Committee. 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. 1. Consider and take appropriate action regarding the Minutes dated May 21, 2012. 2. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas denying Atmos Energy Corp., Mid-Tex Division’s (“Atmos Mid-Tex”) requested rate change; requiring the company to reimburse the Town’s reasonable ratemaking expenses; and providing an effective date. 3. Consider and take appropriate action regarding a Resolution nominating a new primary and alternate representative to the Regional Transportation Committee in accordance with the rotation schedule set forth in the June 2010 Memorandum of Understanding; and providing an effective date. Motion made by Council member Rose, seconded by Council member Strother, to approve the consent agenda as presented. Motion carried unanimously. REGULAR SESSION 5. Consider and take appropriate action regarding a Final Plat for Neighborhood 7, Phase 2G (32.297 acres) located in The Highlands at Trophy Club, R. W. Allen Survey, Abstract No. 5 and T. J. Allen Survey, Abstract No. 7. Applicant: Marc Paquette, Peloton Land Solutions on behalf of High Trophy Development LLC (FP-11-046) A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development, LLC for Neighborhood 7, Phase 2G, and authorizing the Mayor or her designee to execute necessary documents. Motion made by Council member Rose, seconded by Council member Strother, to approve the Final Plat for Neighborhood 7, Phase 2G (32.297 acres) located in The Highlands at Trophy Club, R. W. Allen Survey, Abstract No. 5 and T. J. Allen Survey, Abstract No. 7. and the amended Subdivider’s Agreement between the Town and High Trophy Development, LLC for Neighborhood 7, Phase 2G presented at the Town Council Page 14 of 86 Meeting Date: June 18, 2012 dais and authorizing the Mayor or her designee to execute necessary documents providing that the outstanding construction comments are completed prior to scheduling the pre-construction meeting. Motion carried unanimously. 6. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas amending Resolution No. 2012-10 authorizing the creation of a Vision Trophy Club Ad Hoc Committee by adding a new member to serve on the Committee; providing that all other provisions of Resolution No. 2012-10 shall remain in full force and effect; and providing an effective date. Mayor White announced that Larry Hoover has requested that his name be withdrawn from consideration of appointment to the Vision Trophy Club Committee. Town Manager Slye gave a brief update on how the Vision Trophy Club Committee was formed and the reason this item was on the agenda for discussion. The following addressed the Council on this topic: • Susan Edstrom, 269 Oak Hill Drive • Alice Murphy, 101 Seminole Drive Discussion only, no action taken. 7. Consider and take appropriate action regarding the Town Council meeting schedule for July 2012. Motion made by Council member Mayer seconded by Council member Tiffany, to hold the July meeting on July 16, 2012. Motion carried unanimously. 8. Town Manager Slye's update regarding the following; discussion of same. - Transportation - TCMA Conference, June 6-10, 2012 - Council Retreat Town Manager Slye updated the Council and addressed questions. No action taken, update only. 9. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - May 22, 2012 Vision Trophy Club Committee Meeting - May 23, 2012 BNHS Royal Awards - May 25, 2012 Neighbor Helping Neighbor Meeting The Mayor and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 10. 2012-252-T 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. Town Council Page 15 of 86 Meeting Date: June 18, 2012 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 noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 5/7/2012) No changes were made to the future agenda items list. ADJOURN Motion made by Council member Rose, seconded by Council member Tiffany to adjourn. Motion carried unanimously. Meeting adjourned at 8:25 p.m. ___________________________________ ___________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 16 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-246-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:5/30/2012 Town Council On agenda:Final action:6/4/2012 Title:Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on the First Financial Bank and TexPool signature accounts. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on the First Financial Bank and TexPool signature accounts. EXPLANATION: Removing Eric Cannon, Finance Director and adding Michael Aguilera, Finance Director. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, 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: Recommend approval to ensure proper financial internal controls are implemented and employed in accordance with general auditing standards. Town Council Page 17 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-637-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding approval of a Final Plat for Waters Edge at Hogan’s Glen, Phase 2B-2, consisting of 6 residential lots and 2 common area lots for a total of 3.913 acres, located in Planned Development No. 22. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Waters Edge at Hogan's Glen, Phase 2B-2; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report - TC 061812 - WEHG.pdf Application - WEHG Ph 2B-2.pdf Waiver Letter +30 days 4-18-12.pdf Subdivider's Agreement - WEHG Ph 2B-2 - Early Release.pdf Construction Costs - WEHG 2B-2.pdf Action ByDate Action ResultVer. Recommended for ApprovalPlanning & Zoning Commission1/5/2012 1 Pass TITLE Consider and take appropriate action regarding approval of a Final Plat for Waters Edge at Hogan’s Glen, Phase 2B-2, consisting of 6 residential lots and 2 common area lots for a total of 3.913 acres, located in Planned Development No. 22. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Waters Edge at Hogan's Glen, Phase 2B-2; and authorizing the Mayor or her designee to execute all necessary documents. EXPLANATION: This request is for approval of a final plat of Waters Edge at Hogan’s Glen, Phase 2B-2, which is a part of the gated community of Hogan’s Glen. This plat consists of 6 residential lots and 2 common area lots located north and east of the existing Hogan’s Drive, and north of Rochester Court, and west of Indian Creek Drive. Per Town Subdivision Regulations, a Subdivider's Agreement must also be executed for the installation of the public infrastructure and to memorialize the Developer's obligations for the construction and maintenance of the infrastructure and amenities for Phase 2B-2. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, 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: The plat has been reviewed for compliance with Town regulations. Staff recommends approval. The Planning and Zoning Commission heard this request on January 5, 2012, and by unanimous vote (6-0, Richert absent) recommended approval. Town Council Page 18 of 86 Meeting Date: June 18, 2012 File #: 2011-637-T, Version: 1 Town Council Page 19 of 86 Meeting Date: June 18, 2012 SUBJECT: Final Plat of Lots 39-42A, Block L; Lots 1-2A, Block M, Waters Edge at Hogan’s Glen, Phase 2B-2 REQUEST: Consider and take appropriate action to approve a Final Plat of Lots 39-42A, Block L; and Lots 1-2A, Block M, Waters Edge At Hogan’s Glen, Phase 2B-2, a 3.913 acre tract out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas. LOCATION: Property is located north and east of the existing Hogan’s Drive, approximately 400 feet north of Rochester Court and west of Indian Creek Drive. ZONING: “PD-22” The bulk regulations for Estate Lots are: Front Yard: 25-ft. Side Yard (adj. to street): 15-ft. Side Yard: 5-ft. Rear Yard: 20-ft. Minimum Lot size: 15,000 Sq. Ft. Minimum Lot depth: 115-ft. Minimum Lot width: 90-ft. Minimum house size: 3,500 Sq. Ft. TOWN COUNCIL STAFF REPORT June 18, 2012 Case No. FP-11-042 Final Plat Lots 39-42A, Block L and Lots 1-2A, Block M; 6 Residential Lots and 2 Common Area Lots Waters Edge at Hogan’s Glen Phase 2B-2 Town Council Page 20 of 86 Meeting Date: June 18, 2012 HISTORY: This property is currently vacant. The zoning of PD-22 was approved by the Town Council on May 2, 2000. A preliminary plat was approved for Waters Edge at Hogan’s Glen on December 3, 2007. PRELIMINARY PLAT REVIEW: The final plat has been reviewed for compliance with the Town’s Subdivision Ordinance, the approved preliminary plat, as well as the Development Standards as set forth in Ordinance No. 2000-09. The proposed development indicates six (6) single family residential lots ranging in size of 15,002 sq. ft. to 29,620 sq. ft. and two (2) small common area lots adjacent to Indian Creek Drive. The Hogan’s Glen PD-22 Homeowners Association will be responsible for the maintenance of the common areas and this is outlined in the Subdivider’s Agreement, which is attached for Council consideration. Town Council Page 21 of 86 Meeting Date: June 18, 2012 FINAL PLAT STAFF RECOMMENDATION: Staff and the Town Engineer recommend approval of this plat as it complies with the Town’s Subdivision Ordinance, the approved preliminary plat, as well as the development standards required for estate lots as outlined in PD-22 (Ordinance No. 2000-09). PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission reviewed this request on January 5, 2012 and made the following motion: Commissioner Reed recommended approval to the Town Council for the final plat of Waters Edge at Hogan’s Glen, Phase 2B-2. Commissioner Forest seconded the motion. The vote was unanimous 6-0. Ayes: 6 Nays: 0 Action: 6-0, Approved (Richert absent) Town regulations require that a plat shall be heard by Council within 30 days of consideration of the Planning and Zoning Commission. The applicant waived this requirement. (letter attached) Town Council Page 22 of 86 Meeting Date: June 18, 2012 PARKLAND DEDICATION: On January 9, 2012, the Council voted 4-2 to accept land generally known as Lots 16, 17, and 18, Block A, Canterbury Hills as parkland for the two subdivisions of Waters Edge at Hogan’s Glen and Canterbury Hills. SUBDIVIDER’S AGREEMENT : The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction costs which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application Waiver Letter Subdivider’s Agreement with Attachment A Final Plat (Hardcopy 24x36) Town Council Page 23 of 86 Meeting Date: June 18, 2012 T o w n C o u n c i l P a g e 2 4 o f 8 6 M e e t i n g D a t e : J u n e 1 8 , 2 0 1 2 Town Council Page 25 of 86 Meeting Date: June 18, 2012 WATERS EDGE AT HOGAN’S GLEN PHASE 2B-2 SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and BDMR Development, LLC acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the town limits of Trophy Club, Texas, for Waters Edge at Hogan’s Glen, Phase 2B-2, more particularly described as a tract of land consisting of approximately 3.913 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on September 15, 2011 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 3, 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. Town Council Page 26 of 86 Meeting Date: June 18, 2012 C. The DEVELOPER shall award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of- way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the DEVELOPER for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, DEVELOPER may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the DEVELOPER providing a performance bond, payment bond, and maintenance bond, as specified above, DEVELOPER may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. Town Council Page 27 of 86 Meeting Date: June 18, 2012 E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been Town Council Page 28 of 86 Meeting Date: June 18, 2012 previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $236,926.78 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat shall be recorded with the County Clerk of Denton County. Except as specifically provided herein, no building permits shall be issued for any lots in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, DEVELOPER shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Town Council Page 29 of 86 Meeting Date: June 18, 2012 DEVELOPER shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mike Slye, Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that, except as specifically provided herein, the TOWN shall issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that, except Town Council Page 30 of 86 Meeting Date: June 18, 2012 as specifically provided herein, TOWN shall not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER shall furnish to the TOWN an affidavit of all bills paid. Q. DEVELOPER shall be responsible for development of a Homeowners Association (HOA) and Developer/HOA shall be responsible for maintenance of all common areas. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”. Except as expressly provided otherwise, DEVELOPER, and when applicable, Homeowners Association shall be responsible for the construction and maintenance of all improvements and facilities for the Project: 1) Water Distribution System (shall be owned and maintained by the TOWN/MUD, as applicable, after final acceptance). 2) Sanitary Sewer System (shall be owned and maintained by the TOWN/MUD, as applicable, after final acceptance). 3) Drainage and Storm Sewer System (shall be owned and maintained by the TOWN/MUD, as applicable, after acceptance). 4) Street Paving – Streets shall be built to Town standards, shall be private, and shall be owned and maintained by the Homeowners Association for PD-22. 5) Landscaping (shall be owned and maintained by the PD-22 Homeowners Association). 6) Fences/Walls/Retaining Walls (shall be owned and maintained by the PD-22 Homeowners Association). 7) Signs – Shall comply with TOWN Sign Regulations. 8) Driveways and Walkways – As required by Chapter 12-Subdivision Rules & Regulations, Article V-Improvements, Section 5.05-Sidewalks and Extra Width Paths, the DEVELOPER shall be responsible for the construction of sidewalks servicing common areas which shall connect to builders’ sidewalks as each lot is developed. 9) Lights – Street lights shall be as designated on street light layout plan approved by Town and submitted to Oncor. Town Council Page 31 of 86 Meeting Date: June 18, 2012 10) Common Areas and Floodplain – Common Area 3, Lot 42A, Block L and Common Area 4, Lot 2A, Block M shall be owned and maintained by the Homeowners Association for this subdivision. The Homeowners Association shall maintain the floodplain adjacent to the subdivision. 11) Parkland Dedication – Shall be fulfilled by DEVELOPER conveying to the TOWN Lots 16, 17, and 18, Block A, Canterbury Hills subdivision (hereinafter collectively referred to as “Parkland”). DEVELOPER shall provide a title policy and convey clear title to the Parkland within thirty (30) days after the date of Council approval of this AGREEMENT. Simultaneously with that conveyance, DEVELOPER shall provide an access easement acceptable to the TOWN which shall allow the TOWN to directly access the Parkland. As DEVELOPER proceeds with the development of the Canterbury Hills subdivision in such a manner that the Parkland is accessible via a road constructed in accordance with TOWN standards, the TOWN shall release the easement, either partially or fully, as agreed upon by TOWN and DEVELOPER. The parties agree and understand that DEVELOPER’s dedication of Parkland hereunder satisfies parkland dedication requirements for the PROJECT and for Waters Edge at Hogan’s Glen Subdivision and Canterbury Hills Subdivision. In the event that DEVELOPER fails to convey the Parkland in accordance with this AGREEMENT, work on the PROJECT shall be stopped and shall not recommence nor shall any building permits be issued until the Parkland is conveyed to TOWN in accordance with this AGREEMENT. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The DEVELOPER shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the TOWN’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the TOWN. 4. Permits The DEVELOPER shall pay a Community Facilities inspection fee in the amount of $11,846.34 (5% of $236,926.78) to cover the cost of TOWN inspection fees as related to the construction of the Project. As Town Council Page 32 of 86 Meeting Date: June 18, 2012 applicable, DEVELOPER shall be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER shall be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development No. 22. DEVELOPER shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 22 and all TOW N approved amendments thereto in addition to all other TOWN ordinances. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the following amounts: Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities Town Council Page 33 of 86 Meeting Date: June 18, 2012 constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT shall accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building Permit for any lot until the public facilities and improvements identified in Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph as “Partial Improvements”) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). Upon Substantial Completion of the Partial Improvements, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Partial Improvements. Upon Final Completion of the Partial Improvements, the Town shall issue Building Permits for ten (10) percent of the 6 homes proposed to be constructed in this PROJECT in accordance with the terms of this section. The Town shall process those permit applications based upon date and time of the filing of each permit application; provided however that permits shall only be issued for one (1) application for Building Permits that meet all requirements of applicable regulations and for which all applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8, 9, 10 and 11 listed in Paragraph II (A) herein (referred to in this paragraph as “Improvements” within 180 days of the final acceptance of the Partial Improvements. The TOWN shall not issue a Letter of Acceptance or certificates of occupancy for this PROJECT until all public facilities and improvements listed in Paragraph II (A) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be Town Council Page 34 of 86 Meeting Date: June 18, 2012 addressed for Final Completion of the Improvements for this PROJECT. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances, and State and Federal law, shall be construed in favor of the TOWN’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the TOWN in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the TOWN. A default under this Agreement by the TOWN shall Town Council Page 35 of 86 Meeting Date: June 18, 2012 not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: BDMR Development, LLC Date: ______________ Date: ______________ Project Manager TOWN OF TROPHY CLUB, TEXAS Date: ______________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 36 of 86 Meeting Date: June 18, 2012 PROJECT NAME: Waters Edge, Ph 2B-2 NET ACRES: NO. OF LOTS:6 CITY:Trophy Club, Texas GROSS ACRES:CREATED BY:ZCM JOB NUMBER: C3X43870 CREATED:29-Aug-11 CHECKED BY:JMS FILE NAME: HG2B2 Quantities - 2012.01.19.xls PRINTED:11-Jun-12 REVISED BY: A. WATER DISTRIBUTION SYSTEM APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 8" P.V.C. WATERLINE LF 413 $20.89 $8,627.57 10" P.V.C. WATERLINE LF 420 $24.70 $10,373.58 8" GATE VALVE & BOX EA 2 $1,297.77 $2,595.55 10" GATE VALVE & BOX EA 1 $2,250.03 $2,250.03 CONNECT TO EXISTING WATER LINE EA 1 $107.46 $107.46 FIRE HYDRANT ASSEMBLY EA 1 $3,833.31 $3,833.31 1" SINGLE WATER SERVICE EA 6 $538.36 $3,230.13 5/8" IRRIGATION SERVICE EA 1 $803.79 $803.79 2" BLOW-OFF EA 1 $2,107.84 $2,107.84 4" IRRIGATION SLEEVES LF 92 $11.01 $1,012.92 2000 PSI CONCRETE ENCASEMENT LF 60 $14.55 $872.76 TRENCH SAFETY LF 833 $0.50 $416.50 TESTING (EXCLUDING GEOTECH)LF 833 $0.79 $654.74 SUB - TOTAL WATER DISTRIBUTION SYSTEM $36,886.18 B. SANITARY SEWER SYSTEM APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 8" SDR-35 P.V.C. PIPE LF 796 $31.02 $24,691.92 4" SERVICE LINES EA 6 $107.46 $644.77 4' DIAMETER MANHOLE EA 1 $2,626.13 $2,626.13 CONNECT TO EXISTING LINE EA 1 $107.46 $107.46 TRENCH SAFETY LF 796 $0.50 $398.00 TESTING (EXCLUDING GEOTECH)LF 796 $0.64 $511.83 SUB - TOTAL SANITARY SEWER SYSTEM $28,980.11 C:\Documents and Settings\Reception3\Local Settings\Temporary Internet Files\OLKF\HG2B2 Quantities - 2012 01 19 Page 1 of 2 Town Council Page 37 of 86 Meeting Date: June 18, 2012 PROJECT NAME: Waters Edge, Ph 2B-2 NET ACRES: NO. OF LOTS:6 CITY:Trophy Club, Texas GROSS ACRES:CREATED BY:ZCM JOB NUMBER: C3X43870 CREATED:29-Aug-11 CHECKED BY:JMS FILE NAME: HG2B2 Quantities - 2012.01.19.xls PRINTED:11-Jun-12 REVISED BY: C. STORM SEWER SYSTEM APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 18" R.C.P. LF 174 $30.63 $5,329.10 21" R.C.P. LF 338 $35.32 $11,937.15 24" R.C.P. LF 23 $40.19 $924.26 27" R.C.P. LF 68 $45.64 $3,103.32 33" R.C.P. LF 46 $59.94 $2,757.42 10' INLET EA 2 $3,499.85 $6,999.71 15' INLET EA 4 $3,975.98 $15,903.91 INLET PROTECTION EA 6 $80.60 $483.58 18" HEADWALL EA 1 $1,654.87 $1,654.87 33" HEADWALL EA 1 $2,250.03 $2,250.03 2' TYPE A GROUTED ROCK RIP-RAP SY 23 $241.54 $5,555.37 TRENCH SAFETY LF 649 $0.50 $324.50 T.V. STORM DRAIN LF 649 $1.38 $896.27 SUB - TOTAL STORM SEWER SYSTEM $58,119.49 D. STREET PAVING APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 6" REINF. CONCRETE STREET PAVEMENT (4000 PSI) SY 2,880 $29.10 $83,808.00 6" SUBGRADE PREPARATION SY 3,090 $1.90 $5,871.00 HYDRATED LIME (27#/SY) TON 42 $160.00 $6,720.00 CONCRETE CURB & GUTTER (MEDIANS) LF 229 $15.00 $3,435.00 BARRIER FREE RAMPS EA 4 $800.00 $3,200.00 PAVEMENT HEADER LF 54 $12.00 $648.00 STREET BARRICADE EA 2 $1,250.00 $2,500.00 4' CONCRETE SIDEWALK (BY DEVELOPER) LF 372 $14.50 $5,394.00 MAINTENANCE BOND (PAVING) 2 YRS / 100% LS 1 $171.00 $171.00 PAYMENT AND PERFORMANCE BONDS (PAVING) LS 1 $1,194.00 $1,194.00 SUB - TOTAL STREET PAVING $112,941.00 SUMMARY DESCRIPTION WATER DISTRIBUTION SYSTEM $36,886.18 SANTITARY SEWER SYSTEM $28,980.11 STORM SEWER SYSTEM $58,119.49 STREET PAVING *$112,941.00 $236,926.78 * Payment, Performance, and Maintenance Bonds will be provided for all except for Street Paving C:\Documents and Settings\Reception3\Local Settings\Temporary Internet Files\OLKF\HG2B2 Quantities - 2012 01 19 Page 2 of 2 Town Council Page 38 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-652-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/30/2011 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding approval of a Final Plat for Canterbury Hills, Phase 1A (11.165 acres) located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Canterbury Hills, Phase 1A; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report - TC 061812 - CH Ph 1A.pdf Application.pdf Waiver Letter +30 days 4-18-12.pdf Subdivider's Agreement - CH Ph 1A - Early Release.pdf Construction Costs - Canterbury Hills.pdf Action ByDate Action ResultVer. Recommended for ApprovalPlanning & Zoning Commission1/5/2012 1 Pass TITLE Consider and take appropriate action regarding approval of a Final Plat for Canterbury Hills, Phase 1A (11.165 acres) located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas. A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development, LLC for Canterbury Hills, Phase 1A; and authorizing the Mayor or her designee to execute all necessary documents. EXPLANATION: This is straight zoning, R-12, but the neighborhood will be gated and part of the Hogan’s Glen HOA. However, these are not estate lots or villa lots like the rest of Hogan’s Glen. They will be built to R-12 district standards. As part of the Hogan’s Glen HOA, the streets will be private and maintained by the HOA. Per Town Subdivision Regulations, a Subdivider's Agreement must also be executed for the installation of the public infrastructure and to memorialize the Developer's obligations for the construction and maintenance of the infrastructure and amenities for Phase 1A. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, 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: The Planning and Zoning Commission heard this request on January 5, 2012 and made the following motion: Vice Chairman Stephens recommended approval to the Town Council for the final plat of Canterbury Hills, Phase 1A. Commissioner Davidson seconded the motion. The vote was unanimous 6-0 (Richert absent). Town Council Page 39 of 86 Meeting Date: June 18, 2012 File #: 2011-652-T, Version: 1 Town Council Page 40 of 86 Meeting Date: June 18, 2012 REQUEST: Consider and take appropriate action to approve a Final Plat of Lots 1-20 and Common Area Lots 1A and 20A, Block J, being an 11.165 acre tract of land located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas. Applicant: Jaison Stephen, Jacobs Engineering Group, Inc. on behalf of BDMR Development, LLC. LOCATION: Property is located north of Indian Creek Drive and south of the golf course. ZONING: “R-12” - The regulations for R-12 residential lots are: Front Yard: 25-ft. Side Yard (adjacent to street): 20-ft. Side Yard: 10-ft. Rear Yard: 25-ft. Minimum Lot size: 12,000 sq. ft. Minimum Lot depth: 110-ft. Minimum Lot depth for cul-de-sac or corner lot: 100-ft. Minimum Lot width: 90-ft. Minimum Lot width adjacent to street: 110-ft. Minimum house size: 2,000 sq. ft. for one-story Minimum house size on corner lot & golf course lot: 2,500 sq. ft. Maximum lot coverage: 35% HISTORY: This property is currently vacant. A preliminary plat for Canterbury Hills (Phases 1 & 2) was approved by the Town Council on December 3, 2007. TOWN COUNCIL STAFF REPORT June 18, 2012 Case No. FP-11-043 Final Plat Lots 1-20A, Block J; 20 Residential Lots and 2 Common Area Lots Canterbury Hills, Phase 1A Town Council Page 41 of 86 Meeting Date: June 18, 2012 PRELIMINARY PLAT Town Council Page 42 of 86 Meeting Date: June 18, 2012 REVIEW: The final plat has been reviewed for compliance with the Town’s Subdivision Ordinance, the approved preliminary plat, as well as the Development Standards as set forth in the Town of Trophy Club’s Zoning Ordinance. The proposed development indicates 20 single family residential lots ranging in size of 12,150 sq. ft. to 20,813 sq. ft. and two (2) Common Area lots adjacent to Indian Creek Drive. This neighborhood will be gated and will be a part of the Hogan’s Glen Homeowners Association. The HOA will be responsible for the maintenance of all common areas. There are two (2) existing roadway easements – one is shown on the final plat as a 30-ft. road easement. This easement was granted by the Municipal Utility District and the applicant has worked with the MUD to abandon this easement by separate instrument. The other easement is a road easement provided by Ordinance (No. 1999-15), which was abandoned by Council on January 23, 2012. Abandonment of both easements clears the property to allow Indian Creek Drive to be continued as a paved road west and north of Harmony Park. FINAL PLAT STAFF RECOMMENDATION: Staff and the Town Engineer recommend approval of this plat as it complies with the Town’s Subdivision Ordinance, the approved preliminary plat, and the regulations of R-12 zoning. Town Council Page 43 of 86 Meeting Date: June 18, 2012 PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission reviewed this request on January 5, 2012 and made the following motion: Vice Chairman Stephens recommended approval to the Town Council for the final plat of Canterbury Hills, Phase 1A. Commissioner Davidson seconded the motion. The vote was unanimous 6-0. Ayes: 6 Nays: 0 Action: 6-0, Approved (Richert absent) PARKLAND DEDICATION: On January 9, 2012, the Council voted 4-2 to accept land generally known as Lots 16, 17, and 18, Block A, Canterbury Hills as parkland for the two subdivisions of Waters Edge at Hogan’s Glen and Canterbury Hills. SUBDIVIDER’S AGREEMENT : The Subdivider’s Agreement is attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement consists of the construction costs which determines the amount due for inspections (5% of the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement consists of the construction documents and are not included with the Council’s packet. Attachments: Application Waiver Letter Subdivider’s Agreement with Attachment A Final Plat (Hardcopy 24x36) Town Council Page 44 of 86 Meeting Date: June 18, 2012 T o w n C o u n c i l P a g e 4 5 o f 8 6 M e e t i n g D a t e : J u n e 1 8 , 2 0 1 2 CANTERBURY HILLS PHASE 1A SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and BDMR Development, LLC acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the town limits of Trophy Club, Texas, for Canterbury Hills, Phase 1A, more particularly described as a tract of land consisting of approximately 11.165 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on September 15, 2011 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 3, 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER shall award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of- way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract Town Council Page 46 of 86 Meeting Date: June 18, 2012 documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. Town Council Page 47 of 86 Meeting Date: June 18, 2012 F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. Town Council Page 48 of 86 Meeting Date: June 18, 2012 H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $531,100.59 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat shall be recorded with the County Clerk of Denton County. Except as specifically provided herein, no building permits shall be issued for any lots in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. Town Council Page 49 of 86 Meeting Date: June 18, 2012 L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOW N Engineer in such instance. (Addresses for points of contact are as follows:) N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that, except as specifically provided herein, the TOWN shall issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that, except as specifically provided herein, TOWN shall not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. Town of Trophy Club Teague, Nall & Perkins Mike Slye, Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com Town Council Page 50 of 86 Meeting Date: June 18, 2012 P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Developer is responsible for development of a Homeowners Association (HOA) and Developer/HOA is responsible for maintenance of all common areas. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”. Except as expressly provided otherwise, DEVELOPER, and when applicable, Homeowners Association shall be responsible for the construction and maintenance of all improvements and facilities for the Project: 1) Water Distribution System (shall be owned and maintained by the TOWN/MUD, as applicable, after final acceptance). 2) Sanitary Sewer System (shall be owned and maintained by the TOWN/MUD, as applicable, after final acceptance). 3) Drainage and Storm Sewer System (shall be owned and maintained by the TOWN/MUD, as applicable, after acceptance). 4) Street Paving – Oxford Place and Asheville Lane shall be built to TOWN standards, shall be private, and shall be owned and maintained by the Homeowners Association for PD-22. The extension of Indian Creek Drive shall be built to Town standards, dedicated as a public street, and upon final acceptance by TOWN shall be owned and maintained by TOWN. 5) Landscaping (shall be owned and maintained by the PD-22 Homeowners Association). 6) Fences/Walls/Retaining Walls (shall be owned and maintained by the PD-22 Homeowners Association). 7) Signs – Shall comply with Sign Regulations. 8) Driveways and Walkways – As required by Chapter 12-Subdivision Rules & Regulations, Article V-Improvements, Section 5.05-Sidewalks and Extra Width Paths, the DEVELOPER shall be responsible for the construction of sidewalks servicing common areas which shall connect to builders’ sidewalks as each lot is developed. 9) Lights – Street lights shall be as designated on street light layout plan approved by TOWN and submitted to Oncor. Town Council Page 51 of 86 Meeting Date: June 18, 2012 10) Common Areas – Common Area 1, Lot 20A, Block J and Common Area 2, Lot 1A, Block J shall be owned and maintained by the Homeowners Association for this subdivision. 11) Parkland Dedication – Shall be fulfilled by DEVELOPER conveying to the TOWN Lots 16, 17, and 18, Block A, Canterbury Hills subdivision (hereinafter collectively referred to as “Parkland”). DEVELOPER shall provide a title policy and convey clear title to the Parkland within thirty (30) days after the date of Council approval of this AGREEMENT. Simultaneously with that conveyance, DEVELOPER shall provide an access easement acceptable to the TOWN which shall allow the TOWN to directly access the Parkland. As DEVELOPER proceeds with the development of the Canterbury Hills subdivision in such a manner that the Parkland is accessible via a road constructed in accordance with TOWN standards, the TOWN shall release the easement, either partially or fully, as agreed upon by TOWN and DEVELOPER. The parties agree and understand that DEVELOPER’s dedication of Parkland hereunder satisfies parkland dedication requirements for the PROJECT and for Waters Edge at Hogan’s Glen Subdivision and the remainder of the Canterbury Hills Subdivision as shown on the preliminary plat. In the event that DEVELOPER fails to convey the Parkland in accordance with this AGREEMENT, work on the PROJECT shall be stopped and shall not recommence nor shall any building permits be issued until the Parkland is conveyed to TOWN in accordance with this AGREEMENT. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the Town. 4. Permits The DEVELOPER shall pay a Community Facilities inspection fee in the amount of $26,555.03 (5% of $531,100.59) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the Town Council Page 52 of 86 Meeting Date: June 18, 2012 TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER shall be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development No. 22. Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 22 and all TOWN approved amendments thereto in addition to all other Town ordinances. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S fi nal acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts as follows: Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, Town Council Page 53 of 86 Meeting Date: June 18, 2012 its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT shall accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building Permit for any lot until the public facilities and improvements identified in Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph as “Partial Improvements”) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). Upon Substantial Completion of the Partial Improvements, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Partial Improvements. Upon Final Completion of the Partial Improvements, the Town shall issue Building Permits for ten (10) percent of the 20 homes proposed to be constructed in this PROJECT in accordance with the terms of this section. The Town shall process those permit applications based upon date and time of the filing of each permit application; provided however that permits shall only be issued for the first two (2) applications for Building Permits that meet all requirements of applicable regulations and for which all applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8, 9, 10, and 11 listed in Paragraph II (A) herein (referred to in this paragraph as “Improvements” within 180 days of the final acceptance of the Partial Improvements. The TOWN shall not issue a Letter of Acceptance or certificates of occupancy for this PROJECT until all public facilities and improvements listed in Paragraph II (A) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements for this PROJECT. Town Council Page 54 of 86 Meeting Date: June 18, 2012 F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. Town Council Page 55 of 86 Meeting Date: June 18, 2012 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: BDMR Development, LLC Date: ______________ Date: ______________ Project Manager TOWN OF TROPHY CLUB, TEXAS Date: ______________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 56 of 86 Meeting Date: June 18, 2012 PROJECT NAME: Canturbury Hills, Ph 1A NET ACRES: NO. OF LOTS:20 CITY: Trophy Club, Texas GROSS ACRES: CREATED BY:WLP JOB NUMBER: C3X43870 CREATED:June 11,2012 CHECKED BY:WLP FILE NAME: HG2B2 Quantities - 2012.06.11.xls PRINTED:June 11,2012 REVISED BY: A. WATER DISTRIBUTION SYSTEM APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 8" P.V.C. WATERLINE LF 1,507 $18.04 $27,186.28 12" P.V.C. WATERLINE LF 820 $30.95 $25,379.00 2" P.V.C. WATERLINE LF 340 $6.00 $2,040.00 8" GATE VALVE & BOX EA 6 $1,628.81 $9,772.86 12" GATE VALVE & BOX EA 2 $2,369.77 $4,739.54 CONNECT TO EXISTING WATER LINE EA 2 $193.64 $387.28 FIRE HYDRANT ASSEMBLY EA 4 $4,124.58 $16,498.32 1" SINGLE WATER SERVICE EA 20 $556.82 $11,136.40 5/8" IRRIGATION SERVICE EA 1 $3,485.74 $3,485.74 4" IRRIGATION SLEEVES LF 108 $10.43 $1,126.44 TRENCH SAFETY LF 2,667 $0.59 $1,573.53 TESTING (EXCLUDING GEOTECH) LF 2,667 $1.01 $2,693.67 SUB - TOTAL WATER DISTRIBUTION SYSTEM $106,019.06 B. SANITARY SEWER SYSTEM APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 8" SDR-35 P.V.C. PIPE LF 1,772 $18.62 $32,994.64 4" SERVICE LINES EA 20 $392.97 $7,859.40 4' DIAMETER MANHOLE EA 5 $2,526.19 $12,630.95 5' DIAMETER MANHOLE EA 1 $3,148.59 $3,148.59 5' DIAMETER DROP MANHOLE EA 1 $4,320.16 $4,320.16 TRENCH SAFETY LF 1,772 $0.59 $1,045.48 TESTING (EXCLUDING GEOTECH) LF 1,772 $2.39 $4,235.08 SUB - TOTAL SANITARY SEWER SYSTEM $66,234.30 C:\Documents and Settings\Reception3\Local Settings\Temporary Internet Files\OLKF\HG2B2 Quantities - 2012 01 19 Page 1 of 3 Town Council Page 57 of 86 Meeting Date: June 18, 2012 PROJECT NAME: Canturbury Hills, Ph 1A NET ACRES: NO. OF LOTS:20 CITY: Trophy Club, Texas GROSS ACRES: CREATED BY:WLP JOB NUMBER: C3X43870 CREATED:June 11,2012 CHECKED BY:WLP FILE NAME: HG2B2 Quantities - 2012.06.11.xls PRINTED:June 11,2012 REVISED BY: C. STORM SEWER SYSTEM APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 18" R.C.P. LF 315 $26.96 $8,492.40 21" R.C.P. LF 45 $31.90 $1,435.50 33" R.C.P. LF 5 $57.51 $287.55 10' INLET EA 5 $3,298.29 $16,491.45 INLET PROTECTION EA 5 $167.19 $835.95 4' STORM SEWER MANHOLE EA 1 $4,024.83 $4,024.83 18" HEADWALL EA 1 $1,628.81 $1,628.81 2' TYPE A GROUTED ROCK RIP-RAP SY 13 $237.73 $3,090.49 TRENCH SAFETY LF 365 $0.59 $215.35 T.V. STORM DRAIN LF 365 $1.36 $496.40 SUB - TOTAL STORM SEWER SYSTEM $36,998.73 D1. STREET PAVING PRIVATE APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 6" REINF. CONCRETE STREET PAVEMENT (4000 PSI) SY 4,520 $29.10 $131,532.00 6" SUBGRADE PREPARATION SY 4,850 $1.90 $9,215.00 HYDRATED LIME (27#/SY) TON 65 $160.00 $10,400.00 BARRIER FREE RAMPS EA 2 $800.00 $1,600.00 4' CONCRETE SIDEWALK (BY DEVELOPER) LF 310 $14.50 $4,495.00 SUB - TOTAL STREET PAVING PRIVATE $157,242.00 C:\Documents and Settings\Reception3\Local Settings\Temporary Internet Files\OLKF\HG2B2 Quantities - 2012 01 19 Page 2 of 3 Town Council Page 58 of 86 Meeting Date: June 18, 2012 PROJECT NAME: Canturbury Hills, Ph 1A NET ACRES: NO. OF LOTS:20 CITY: Trophy Club, Texas GROSS ACRES: CREATED BY:WLP JOB NUMBER: C3X43870 CREATED:June 11,2012 CHECKED BY:WLP FILE NAME: HG2B2 Quantities - 2012.06.11.xls PRINTED:June 11,2012 REVISED BY: D2. STREET PAVING PUBLIC (OFFSITE) APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT 7" REINF. CONCRETE STREET PAVEMENT (4000 PSI) SY 4,090 $31.10 $127,199.00 8" SUBGRADE PREPARATION SY 4,290 $2.00 $8,580.00 HYDRATED LIME (27#/SY) TON 58 $160.00 $9,280.00 BARRIER FREE RAMPS EA 4 $800.00 $3,200.00 PAVEMENT HEADER LF 41 $12.00 $492.00 STREET BARRICADE EA 1 $1,250.00 $1,250.00 SAWCUT & REMOVE EXISTING PAVEMENT SY 125 $3.00 $375.00 R & R CONCRETE PAVEMENT SY 93 $44.50 $4,138.50 4' CONCRETE SIDEWALK (BY DEVELOPER) LF 696 $14.50 $10,092.00 SUB - TOTAL STREET PAVING PUBLIC (OFFSITE)$164,606.50 SUMMARY DESCRIPTION WATER DISTRIBUTION SYSTEM $106,019.06 SANITARY SEWER SYSTEM $66,234.30 STORM SEWER SYSTEM $36,998.73 STREET PAVING PRIVATE *$157,242.00 STREET PAVNG PUBLIC (OFFSITE)$164,606.50 $531,100.59 * Payment, Performance, and Maintenance Bonds will be provided for all except for Street Paving Private C:\Documents and Settings\Reception3\Local Settings\Temporary Internet Files\OLKF\HG2B2 Quantities - 2012 01 19 Page 3 of 3 Town Council Page 59 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-260-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/11/2012 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding Change Order #2 and Change Order #3 to the Roundabout road construction project regarding a merge lane from Village Trail onto Trophy Lake Drive; and authorizing the execution of necessary documents. Attachments:Change Order 2 (Merge Lane).pdf MERGELANE-LARGE.pdf Change Order 3 (Merge Lane WL).pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding Change Order #2 and Change Order #3 to the Roundabout road construction project regarding a merge lane from Village Trail onto Trophy Lake Drive; and authorizing the execution of necessary documents. EXPLANATION: The design of the merge lane from Village Trail onto Trophy Lake Drive is now complete and the Roundabout contractor, CPS Civil, has generated a change order for the work. NOTE: Change Order #3 would be funded 100% by the MUD if approved and is contingent on approval of Change Order #2. TOWN COUNCIL GOAL(S): Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages 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 Develop, recognize, 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 recommendation will be discussed at the Council meeting. Town Council Page 60 of 86 Meeting Date: June 18, 2012 Date: June 13, 2012 Project: Paving, Drainage, Water & Sewer Improvements for New Roundabout at Trophy Club Drive and Trophy Lake Drive Owner: Town of Trophy Club Contractor: CPS Civil 1215 Crest Lane Drive Duncanville, Texas 75137 Description of Change in Work Quantities: ADDITIONS ITEM NO. DESCRIPTION OF ITEMS UNIT UNIT COST BID Original Quantity Net Increase Quantity/Cost Increase in Contract Amount UNIT A - PAVING IMPROVEMENTS A-1 Right-of-Way Preparation LS $55,000.00 1 $9,150.00 $9,150.00 A-2 Remove Existing Concrete Pavement & Drives SY $9.00 5,560 287 $2,583.00 A-4 Unclassified Excavation LS $65,000.00 1 $9,150.00 $9,150.00 A-5 8" Lime Stabilized Subgrade SY $3.00 7,014 637 $1,911.00 A-6 Lime for Stabilization (36#/SY) TON $140.00 127 12 $1,680.00 A-7 8" Reinforced Concrete Pavement SY $34.00 5,495 570 $19,380.00 A-8 6" Integral Concrete Curb LF $1.00 3,140 329 $329.00 A-12 6" Reinforced Concrete Driveway SY $40.00 337 2 $80.00 A-13 4" Concrete Sidewalks SF $3.00 4,987 20 $60.00 A-14 Barrier Free Ramp EA $950.00 12 1 $950.00 A-24 Pavement Striping, Marking & Signage (Removal & Installation) LS $24,900.00 1 $1,400.00 $1,400.00 A-29* Brick Pavers w/Concrete Pad for Islands SF $9.00 0 72 $648.00 A-30* Retaining Wall SF $55.00 0 372 $20,460.00 UNIT C - WATER & SEWER IMPROVEMENTS C-33* Remove FH, Valve & Tee; Reconnect 12" Water Line LS $3,750.00 0 1 $3,750.00 UNIT E - LANDSCAPE & IRRIGATION IMPROVEMENTS E-1 Restoration of Parkways & Yards SY $9.00 2,670 141 $1,269.00 E-9* Repair/Replace/Extend Sprinkler Systems in Parkways/Yards (Lot) LOT $1,475.00 0 2 $2,950.00 E-10* Decomposed Granite & Steel Edging in Front of Retaining Wall SF $4.45 0 205 $912.25 *Indicates new pay item not in original contract Total: $76,662.25 ADJUSTMENTS IN CONTRACT PRICE Original Contract Amount $1,815,090.35 Adjustments to Contract Amount by previous Change Orders $35,195.50 Total Adjustments per Change Order Number 2 $76,662.25 REVISED CONTRACT AMOUNT $1,926,948.10 ADJUSTMENTS IN CONTRACT TIME Original Contract Time 250 calendar days Adjustments to Contract Amount by previous Change Orders 14 calendar days Total Adjustments per Change Order Number 2 30 calendar days REVISED CONTRACT TIME 294 calendar days Recommended by Engineer: Date: Teague Nall and Perkins, Inc. Agreed by Contractor: Date: CPS Civil Accepted by Owner: Date: Town of Trophy Club CHANGE ORDER NO. 2 Paving Improvemnts: Addition of Merge Lane Along Trophy Lake Drive Change Order No. 2 Page 1 of 1 Town Council Page 61 of 86 Meeting Date: June 18, 2012 To w n Co u n c i l Pa g e 62 of 86 Meeting Date: June 18, 2012 Date: June 13, 2012 Project: Paving, Drainage, Water & Sewer Improvements for New Roundabout at Trophy Club Drive and Trophy Lake Drive Owner: Town of Trophy Club Contractor: CPS Civil 1215 Crest Lane Drive Duncanville, Texas 75137 Description of Change in Work Quantities: ADDITIONS ITEM NO. DESCRIPTION OF ITEMS UNIT UNIT COST BID Original Quantity Net Increase Quantity/Cost Increase in Contract Amount UNIT C - WATER & SEWER IMPROVEMENTS C-32* Grout & Abandon Existing 8" AC Water Line LF $5.00 0 750 $3,750.00 *Indicates new pay item not in original contract Total: $3,750.00 ADJUSTMENTS IN CONTRACT PRICE Original Contract Amount $1,815,090.35 Adjustments to Contract Amount by previous Change Orders $111,857.75 Total Adjustments per Change Order Number 3 $3,750.00 REVISED CONTRACT AMOUNT $1,930,698.10 ADJUSTMENTS IN CONTRACT TIME Original Contract Time 250 calendar days Adjustments to Contract Amount by previous Change Orders 44 calendar days Total Adjustments per Change Order Number 3 0 calendar days REVISED CONTRACT TIME 294 calendar days Recommended by Engineer: Date: Teague Nall and Perkins, Inc. Agreed by Contractor: Date: CPS Civil Accepted by Owner: Date: Town of Trophy Club CHANGE ORDER NO. 3 Water & Sewer Improvemnts: 8" AC Water Line Grout and Abandonment Change Order No. 3 Page 1 of 1 Town Council Page 63 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-261-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/11/2012 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” to further limit hours and holidays when construction is allowed within the Town and identifying appropriate Town personnel for permit issuance; providing for a penalty for each offense, and providing an effective date. Attachments:ORD 2012-14 NOISE NUISANCES.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” to further limit hours and holidays when construction is allowed within the Town and identifying appropriate Town personnel for permit issuance; providing for a penalty for each offense, and providing an effective date. EXPLANATION: Staff requests Council approval of an amendment to Section 1.01 of Article I of Chapter 8 “Nuisances” of the Code of Ordinances so that construction hours are consistent throughout the ordinance, allowing construction to take place only between the hours of 7 a.m. to 6 p.m. Currently, excavation, demolition, alteration, or repair work on a building is allowed from 6 a.m. to 7 p.m., while the operation of heavy equipment and machinery cannot begin until 7 a.m. and must stop at 6 p.m. Complaint calls from residents occur when work begins at 6 a.m. and/or continues past 6 p.m. in the evening. When the Police Officers respond to the calls, the noise complaint becomes a subjective discussion of what type of work and what type of noise is occurring prior to 7 a.m. or after 6 p.m. Staff requests a change to the ordinance, making all construction hours 7 a.m. to 6 p.m. In addition, Staff requests that construction work be prohibited on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Town Council Page 64 of 86 Meeting Date: June 18, 2012 File #: 2012-261-T, Version: 1 Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages 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 Develop, recognize, 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: Management recommends approval amending Section 1.01 of Article I of Chapter 8 “Nuisances” of the Code of Ordinances to allow construction only between the hours of 7 a.m. to 6 p.m., Monday through Saturday, including the use of heavy equipment as outlined in Article 1 - Noise Nuisances, of Chapter 8-Nuisances, and to disallow construction work and the use of heavy equipment on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Town Council Page 65 of 86 Meeting Date: June 18, 2012 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-14 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED ‘NUISANCES”, ARTICLE I, ENTITLED “NOISE NUISANCES”, BY AMENDING VARIOUS SUBPARAGRAPHS OF SECTION 1.01 ENTITLED “NUISANCES DEFINED” FOR THE PURPOSE OF FURTHER PROTECTING NEIGHBORING PROPERTIES FROM NOISE ASSOCIATED WITH CONSTRUCTION ACTIVITIES AND TO IDENTIFY THE APPROPRIATE TOWN PERSONNEL FOR PERMIT ISSUANCE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, and its inherent police powers, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas has determined that the citizens of Trophy Club should be entitled to peace, quiet and solitude during nighttime hours, on Sundays, and on certain Holidays, from excavation, construction and operation of heavy machinery and equipment and at all times from certain other loud noises; and WHEREAS, Town Staff has reviewed Chapter 8, Section 1.01 entitled Nuisances Defined, and in order to obtain the foregoing objective and for ease of enforcement, Staff recommends that Subparagraphs (A)(6) and (A)(8) be amended as set forth below; and WHEREAS, Town Staff has also identified the need to change references in Section 1.01 from “Planning and Zoning Director” to “Community Development Director” to accurately reflect the appropriate staff member with authority under Section 1.01; and WHEREAS, Town Council has determined that the amendment provided below are necessary and beneficial to the public health, safety, and welfare of the public and promote the quiet enjoyment of property by the citizens of the Town. Town Council Page 66 of 86 Meeting Date: June 18, 2012 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That 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 Subparagraph (A)6 of Section 1.01 entitled “Nuisances Defined” of Article I entitled, “Noise Nuisances” of Chapter 8, entitled “Nuisances” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed in its entirety and a new Section 1.01(A)(6) is hereby adopted and shall be and read in its entirety as follows: A. The following acts, among others, are declared to be nuisances in violation of this Article, but said enumeration shall not be deemed to be exclusive. “6. The erection, including excavation, demolition, alteration or repair work on any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the week days of Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the Town Community Development Director in accordance with Section 3 of this Ordinance, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the Community Development Director during the time the emergency exists.” 2.02 Subparagraph (A)(8) of Section 1.01 entitled “Nuisances Defined” of Article I entitled, “Noise Nuisances” of Chapter 8, entitled “Nuisances” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed in its entirety and a new Section 1.01(A)(8) is hereby adopted and shall be and read in its entirety as follows: A. The following acts, among others, are declared to be nuisances in violation of this Article, but said enumeration shall not be deemed to be exclusive. “8. As a part of any business, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday, inclusive, within 1500 linear Town Council Page 67 of 86 Meeting Date: June 18, 2012 feet of any occupied residential dwelling, the operation of any heavy equipment, truck or machinery which emits noises of such intensity or loudness that annoy or disturb persons of ordinary sensibilities within such distance, except in the case of urgent necessity in the interest of public safety and convenience, and then only by permit from the Community Development Director in accordance with Section 3 of this Ordinance, specifying the nature of the emergency and the dates and hours such work is to be allowed, which permit may be renewed by the Town Community Development Director during the time the emergency exists.” 2.03 Subparagraph (A)(9) of Section 1.01 entitled “Nuisances Defined” of Article I entitled, “Noise Nuisances” of Chapter 8, entitled “Nuisances” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby renumbered to be Subparagraph 1.01(A)(10) and a new Subparagraph 1.01(A)(9) is hereby adopted and shall be and read in its entirety as follows: A. The following acts, among others, are declared to be nuisances in violation of this Article, but said enumeration shall not be deemed to be exclusive. “9. Construction work performed on any of the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.” 2.04 Section 1.01 entitled “Nuisances Defined” of Article I entitled, “Noise Nuisances” of Chapter 8, entitled “Nuisances” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended so that the term “Town Planning and Zoning director” in Subparagraph (A)(2), Subparagraph (A)(7) and Subparagraph (A)(9) is replaced by the term “Community Development Director”, and the remaining terms of each of those Subparagraphs shall remain the same. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town 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 Town Council Page 68 of 86 Meeting Date: June 18, 2012 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 its application 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 it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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 Five Hundred Dollars ($500.00). SECTION 7. 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. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. Town Council Page 69 of 86 Meeting Date: June 18, 2012 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 18th day of June, 2012. Mayor, Connie White 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 Page 70 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-267-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Consider and take appropriate action regarding financial and variance report dated May 2012. Attachments:May 2012 Financials.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated May 2012. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, 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 Town Council Page 71 of 86 Meeting Date: June 18, 2012 6/14/2012 1:35:00 PM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2011-2012 Period Ending: 05/31/2012 Fiscal Activity Budget Remaining Period ActivityCategory Current Total Budget Original Total Budget Percent Used Fund: 01 - GENERAL FUND Revenue 40 - Taxes 4,222,896.37108,460.374,435,828.00 4,435,828.00 212,931.63 95.20 % 41 - Licenses & Permits 1,293,663.11528,430.711,245,816.00 1,245,816.00 -47,847.11 103.84 % 42 - Intergovernmental 239,630.981,098.51229,719.00 229,719.00 -9,911.98 104.31 % 43 - Fines & Fees 289,175.0854,782.63509,170.00 509,170.00 219,994.92 56.79 % 44 - Charges for Services 163,837.6130,817.69198,891.00 198,891.00 35,053.39 82.38 % 45 - Rents 32,092.927,002.5057,000.00 57,000.00 24,907.08 56.30 % 47 - Investment Income 1,859.480.0020,000.00 20,000.00 18,140.52 9.30 % 48 - Sales 18,130.4618,130.461,000.00 1,000.00 -17,130.46 1,813.05 % 51 - Miscellaneous 24,076.73264.8452,820.00 52,820.00 28,743.27 45.58 % Revenue Total:6,285,362.74748,987.716,750,244.00 6,750,244.00 464,881.26 93.11 % Fund 01 Total:6,285,362.74748,987.716,750,244.00 6,750,244.00 464,881.26 93.11 % Fund: 09 - TROPHY CLUB PARK Revenue 43 - Fines & Fees 88,531.457,892.00120,000.00 120,000.00 31,468.55 73.78 % Revenue Total:88,531.457,892.00120,000.00 120,000.00 31,468.55 73.78 % Fund 09 Total:88,531.457,892.00120,000.00 120,000.00 31,468.55 73.78 % Report Total:756,879.71 6,373,894.196,870,244.00 6,870,244.00 496,349.81 92.78 % Town Council Page 72 of 86 Meeting Date: June 18, 2012 6/14/2012 1:33:35 PM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2011-2012 Period Ending: 05/31/2012 Fiscal Activity Budget Remaining Period ActivityDepartment Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND Expense 140 - Manager's Office 384,501.2746,950.87655,187.00 655,187.00 270,685.73 41.31 % 160 - Legal 94,503.6611,347.13161,910.00 161,910.00 67,406.34 41.63 % 251 - Police 1,040,799.09128,760.521,686,885.00 1,686,885.00 646,085.91 38.30 % 255 - EMS 471,746.6546,524.27729,285.00 729,285.00 257,538.35 35.31 % 360 - Streets 288,248.7233,677.23441,687.00 441,687.00 153,438.28 34.74 % 400 - Parks 736,815.10104,919.241,129,529.00 1,129,529.00 392,713.90 34.77 % 450 - Recreation 186,504.2432,835.20547,319.00 547,319.00 360,814.76 65.92 % 460 - Community Events 35,030.35750.0046,837.00 46,837.00 11,806.65 25.21 % 521 - Planning and Zoning 151,287.2334,250.41156,769.00 156,769.00 5,481.77 3.50 % 522 - Community Development 152,353.7119,288.06259,809.00 259,809.00 107,455.29 41.36 % 611 - Finance 245,837.8422,304.83372,037.00 372,037.00 126,199.16 33.92 % 615 - Municipal Court 50,676.205,619.3679,447.00 79,447.00 28,770.80 36.21 % 630 - Human Resources 56,771.096,252.6387,146.00 87,146.00 30,374.91 34.86 % 640 - Information Services 174,936.8221,411.52315,724.00 315,724.00 140,787.18 44.59 % 710 - Facilities Management 57,056.451,886.5580,320.00 80,320.00 23,263.55 28.96 % Expense Total:4,127,068.42516,777.826,749,891.00 6,749,891.00 2,622,822.58 38.86 % Fund 01 Total:4,127,068.42516,777.826,749,891.00 6,749,891.00 2,622,822.58 38.86 % Fund: 09 - TROPHY CLUB PARK Expense 400 - Parks 89,538.4916,677.61116,444.00 116,444.00 26,905.51 23.11 % Expense Total:89,538.4916,677.61116,444.00 116,444.00 26,905.51 23.11 % Fund 09 Total:89,538.4916,677.61116,444.00 116,444.00 26,905.51 23.11 % Report Total:533,455.43 4,216,606.916,866,335.00 6,866,335.00 2,649,728.09 38.59 % Town Council Page 73 of 86 Meeting Date: June 18, 2012 GENERAL FUND May 2012 8/12 Months (66.6% 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 shown below, the Town’s total current year-to-date sales tax collections exceed the prior year-to-date sales tax collections by $96,339 (16.7%). Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), EDC 4A (25%) and 4B (12.5%), and the street maintenance fund (12.5%). Current year sales tax collections have exceeded prior year collections in all months except October. (Additional Note: May collections are for March sales.) FY 2011 FY 2012 Total 577,680$ 773,617$ 96,339$ Increase (Decrease) Year to Date Sales Tax Collections $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 Oct Nov Dec Jan Feb Mar Apr May Sales Tax Collections FY 2011 FY 2012 Town Council Page 74 of 86 Meeting Date: June 18, 2012 Licenses & Permits – The annual electric franchise payment was received in May. Building permit revenue has now exceeded the budgeted projection by $133,876 (24%). Fines & Fees – Developer fee revenue is expected to exceed the budgeted projection and is currently at 77% of its budgeted projection. Recreation related revenues are expected to increase significantly during the late spring and early summer. EXPENDITURES Community Events – Unanticipated purchase of new fixtures for Christmas event and additional supplies for Easter event. Planning & Zoning – Engineering expenditures are higher than anticipated due to continued development, specifically for plats requiring a higher level of engineering due to close proximity to flood plain (Waters Edge at Hogan’s Glen). Engineering expenditures will exceed the budgeted amount by fiscal year-end and this will cause the department to exceed its budgeted amount and a budget amendment will be necessary later in the year. Finance – Annual audit fee has already been paid. Facilities Management - The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expenditure represents 55% of the department’s budget.) Town Council Page 75 of 86 Meeting Date: June 18, 2012 TROPHY CLUB PARK FUND May 2012 8/12 Months (66.6% of Fiscal Year) REVENUES Park Revenue – Due to heavy rains, the park was closed several weekends during the first quarter. Revenues, however, are expected to meet the annual projection by fiscal year-end. EXPENDITURES Park Expenditures – Use of the park is seasonal and expenditures are not anticipated to exceed year-end revenues. Town Council Page 76 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-268-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Town Council Liaison Updates; discussion of same: - EDC 4B June 11, 2012 meeting; Mayor Pro Tem Strother Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - EDC 4B June 11, 2012 meeting; Mayor Pro Tem Strother Town Council Page 77 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-269-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Town Manager Slye's update regarding the following; discussion of same. - Transportation - Distinguished Budget Presentation Award - Park Improvements - TML IEBP Board Meeting - June 26-29, 2012 Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of same. - Transportation - Distinguished Budget Presentation Award - Park Improvements - TML IEBP Board Meeting - June 26-29, 2012 Town Council Page 78 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-270-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - June 5, 2012 Chamber Luncheon - June 13, 2012 Northwest Communities Partnership Meeting - June 15, 2012 Mayor's Roundtable - June 15, 2012 NCTCOG 46th Annual General Assembly Meeting Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - June 5, 2012 Chamber Luncheon - June 13, 2012 Northwest Communities Partnership Meeting - June 15, 2012 Mayor's Roundtable - June 15, 2012 NCTCOG 46th Annual General Assembly Meeting Town Council Page 79 of 86 Meeting Date: June 18, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-271-T Name: Status:Type:Agenda Item Regular Session File created:In control:6/12/2012 Town Council On agenda:Final action:6/18/2012 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 80 of 86 Meeting Date: June 18, 2012 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 noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 5/7/2012) Town Council Page 81 of 86 Meeting Date: June 18, 2012 Supplemental Information Town Council Page 82 of 86 Meeting Date: June 18, 2012 Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 Apr 12 May 12 Jun 12 Jul 12 Aug 12 Sep 12 Monthly Average Total FY 2012 Calls by Type Fire 4 7 6 2 3 0 2 8 4.0 32 Service 29 13 17 29 25 34 21 35 25.4 203 Good Intent 3 1 4 3 7 3 5 2 3.5 28 False Alarm 6 5 5 2 4 4 6 5 4.6 37 EMS 27 29 40 23 32 34 36 35 32.0 256 Total Calls 69 55 72 59 71 75 70 85 0 0 0 0 69.5 556 Mutual Aid Given 3 8 7 7 11 3 9 8 7.0 56 Received 1 4 1 2 1 3 0 5 2.1 17 Hospital Transports TCFD 17 24 26 15 25 16 25 24 21.5 172 Mutual Aid 1 4 0 2 0 3 0 0 1.3 10 Air 0 0 1 0 1 2 0 0 0.5 4 Response Time % At or Under 6 Minutes 81.3 88.9 83.1 81.1 81.1 78.3 68.6 78.2 80.1 Average Time 4.84 4.33 4.61 4.41 5.17 4.63 5.43 5.44 4.9 Other Continuing Education Hours 0 71.5 40.5 206 51 215.5 121.5 92 99.8 798 Public Education Events 8 0 0 0 2 6 0 8 3.0 24 Service calls includelock-outs, water problems, smoke or odor removal, public service and assistance, and public education. Trophy Club Fire Department Monthly Activity Report FY 2012 Year to Date Fire 6% Service 36% Good Intent 5% False Alarm 7% EMS 46% YTD 2012 Calls by Type 0 10 20 30 40 50 60 70 80 90 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 4 Year Comparison -Number of Calls FY 2012 FY 2011 FY 2010 FY 2009 Town Council Page 83 of 86 Meeting Date: June 18, 2012 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY 2012 69 55 72 59 71 75 70 85 FY 2011 58 57 42 65 76 50 55 63 75 53 67 77 FY 2010 69 49 67 52 70 42 63 59 54 62 58 71 FY 2009 60 53 51 54 46 45 50 61 78 60 54 56 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY 2012 4 7 6 2 3 0 2 8 FY 2011 1 4 6 1 12 4 6 4 7 5 4 5 FY 2010 4 3 3 4 8 0 4 3 2 2 4 2 FY 2009 2 4 4 3 2 3 3 4 8 7 8 8 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY 2012 28 13 17 29 25 34 21 35 FY 2011 28 17 13 20 16 14 15 15 16 13 21 20 FY 2010 32 20 21 19 10 12 19 13 11 23 17 25 FY 2009 20 14 11 9 17 6 10 20 24 13 16 15 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY 2012 3 1 4 3 7 3 5 2 FY 2011 2 4 2 1 10 1 4 7 9 3 6 3 FY 2010 5 2 4 1 10 2 2 3 6 3 3 4 FY 2009 3 3 1 10 2 6 5 6 1 7 4 4 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY 2012 5 5 5 2 4 4 6 5 FY 2011 3 2 0 9 13 3 7 9 6 6 4 10 FY 2010 4 4 10 8 8 2 4 5 6 6 4 6 FY 2009 7 8 6 5 3 5 5 5 9 7 2 4 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY 2012 24 29 40 23 32 34 36 35 FY 2011 24 30 21 34 25 27 23 28 37 26 32 39 FY 2010 24 20 29 20 34 26 34 35 29 28 30 34 FY 2009 27 24 29 27 22 25 27 26 36 26 24 25 FY 2012 556 FY 2011 466 FY 2010 471 FY 2009 420 Trophy Club Fire Department 4 Year Comparison of Calls Total Number of Calls Fire Calls Total Calls YTD @ 5/31 Service Calls Good Intent Calls False Alarms EMS Calls 0 100 200 300 400 500 600 FY 2012 FY 2011 FY 2010 FY 2009 Total Calls YTD Town Council Page 84 of 86 Meeting Date: June 18, 2012 Oct 12 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monthly Average Total FY 2012 District 1 # of calls 16 11 26 17 21 28 17 28 20.5 164 avg. response time 05:32 05:39 04:30 04:38 04:55 04:39 04:50 05:39 05:00 District 2 # of calls 41 22 32 28 28 30 32 37 31.3 250 avg. response time 04:53 03:54 04:13 04:39 05:06 05:13 05:48 04:24 04:48 District 4 # of calls 3 6 5 5 9 11 8 10 7.1 57 avg. response time 06:25 04:13 04:27 04:46 05:22 05:31 07:12 07:29 05:50 District 5 # of calls 0 1 0 0 0 0 1 0 0.3 2 avg. response time 05:44 * service call 05:44 District 6 # of calls 3 6 2 2 2 2 3 2 2.8 22 avg. response time 05:14 04:07 04:09 05:07 06:46 04:46 08:57 06:06 05:30 Outside # of calls 2 8 7 7 11 3 9 8 6.9 55 avg. response time 10:02 06:28 10:53 04:59 08:19 08:39 07:03 06:25 07:33 * Service calls are not included in response time averages. Trophy Club Fire Department Calls by District FY 2012 Year to Date 30% 46% 10% 0% 4% 10% % Calls by District YTD FY 12 District 1 District 2 District 4 District 5 District 6 Outside Town Council Page 85 of 86 Meeting Date: June 18, 2012 T o w n C o u n c i l P a g e 8 6 o f 8 6 M e e t i n g D a t e : J u n e 1 8 , 2 0 1 2