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01.26.2021- Complete Agenda PacketI (:*: � TOWN OF TROPHY CLUB Tuesday, January 26, 2021 Town of Trophy Club Meeting Agenda Town Council 7:00 PM CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION led by Pastor Brooks, Lake Cities Church of Christ PLEDGES led by Mayor Pro Tern Lamont Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. PUBLIC COMMENT(S) 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chambers This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to take action on or discuss any presentations made to the Council. You may speak up to four (4) minutes or the time limit determined by the Presiding Officer. Each Speaker must complete the Speaker's Form that includes the topic(s) to be presented. You may also submit an email to mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS 1. 2020-400-T Receive Town Manager Norwood's Report (S. Norwood) *Business Spotlight "Starwood Cafe" - Dan Rushiti *Recognition of Byron Nelson High School Competition Cheer Team for UIL 6A Division 2 SPIRIT STATE CHAMPION PROCLAMATIONS 2. 2020-383-T Issuance of Proclamation 2021-01 recognizing the 2020 Ranking for the Town of Trophy Club as the 2nd Safest City in Texas (S. Norwood). Attachments: PROC. 2021-01 - Trophy Club Recognized as 2nd Safest City in Texas.pdf 3. 2020-408-T Issuance of Proclamation 2021-02 recognizing February as Kindness Awareness Month in Trophy Club (Mayor Fleury). BNHS Student Council will announce a February Campaign Kindness Plan. PUBLIC HEARING ITEM(S) Town Council Page 1 of 114 January 26, 2021 Town Council Meeting Agenda January 26, 2021 4. 2020-385-T Case PD-AMD-20-003 (Domestic Pet Services) a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for adoption of Ordinance 2021-02 for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for adoption of Ordinance 2021-03 for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Cub Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for adoption of Ordinance 2021-04 for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Cub Drive and approximately 165 feet north of SH 114 (L. Payne) Attachments: Staff Report - Domestic Pet Services.pdf Exhibit A - Domestic Pet Services Location MaD.Ddf Exhibit B - Domestic Pet Services List of Permitted Uses.pdf Exhibit C - Domestic Pet Services Definitions.pdf ORD. 2021-02 PZ PD30 Domestic Pet Services.pdf Staff Report - Pet Bar.pdf Exhibit A - Pet Bar Location Map.pdf Exhibit B - Pet Bar Building Lavout.pdf Exhibit C - Pet Bar Business Description.pdf ORD. 2021-03 P&Z Pet Bar.pdf Staff Report - City Vet.pdf Exhibit A - City Vet Location Map.pdf Exhibit B - City Vet Building Layout.pdf Exhibit C - City Vet Business Description.pdf ORD. 2021-04 P&Z City Vet.pdf Town Council Page 2 of 114 January 26, 2021 Town Council Meeting Agenda January 26, 2021 CONSENT AGENDA All matters listed under Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. No separate discussion of these items will be held. Items removed from the consent agenda will be considered individually. 5. 2020-375-T Take appropriate action regarding the Town Council Regular Minutes dated December 8, 2020 (L. Vacek). Attachments: (DRAFT) TC Regular Minutes - December 8 2020.pdf 6. 2020-402-T Take appropriate action adopting Ordinance 2021-06 Calling and Ordering the May 1 2021 General Election for Council Place 3 and Place 4 (L. Vacek). Attachments: Staff Report - Calling the May 1 2021 General Election.pdf ORD 2021-06 - Calling May 2021 General Election.pdf 7. 2020-404-T Take appropriate action for a Contract for Plan Review Services with Carroll Pruitt & Associates (W. Carroll). Attachments: Staff Report - Contract for Plan Review Services.pdf Contract for Plan Review Pruitt (2).pdf 8. 2020-405-T Take appropriate action on a Three Year Renewal Contract in the amount of $3,500 per month with CW Janitorial Services for Town Hall and the Fire Department (W. Carroll). Attachments: Staff Report - Janitorial Services.pdf Contract - CW Janitorial Services.pdf 9. 2020-406-T Take appropriate action for an Interlocal Agreement with the City of Grand Prairie for Asphalt Street Repairs (W. Carroll). Attachments: Staff Report - ILA with Grand Prairie for Asphalt Street Repairs.pdf Master ILA with Grand Prairie.Ddf 10. 2020-407-T Take appropriate action for an Agreement with Reynolds Asphalt to match bid pricing received by Grand Prairie during a public bid for asphalt street repair services (W. Carroll). Attachments: Staff Report - Reynolds Asphalt.Agreement.pdf Signed - Reynolds Agreement .pdf INDIVIDUAL ITEM(S) 11. 2020-403-T Take appropriate action appointing Three Members of Council to the Council Budget/Finance Subcommittee for the purpose of providing fiduciary oversight of the budget, and providing input regarding the budget process and administration thereof (Mayor Fleury). Town Council Page 3 of 114 January 26, 2021 Town Council Meeting Agenda January 26, 2021 12. 2020-415-T Take appropriate action for Mayoral Appointments of Two Council Members to serve on the Council Subcommittee for Interviewing Board & Commission Applicants (Mayor Fleury). 13. 2020-416-T Take appropriate action to remove the Council Liaison positions of all Boards & Commissions and require the Board Chair to report their meeting summaries to Town Council (Mayor Fleury). 14. 2020-413-T Take appropriate action Creating a Public Art Committee comprised of Three Council Members appointed by the Mayor (Mayor Fleury). 15. 2020-409-T Take appropriate action on Public Safety Pay Adjustments (S. Norwood). Attachments: Staff Report1 - Recommended Pay Adiustments.pdf 16. 2020-410-T Setting the Town Council Meetings for Calendar Year 2021 (L. Vacek). Attachments: 2021 Town Council Proposed Calendar.pdf EXECUTIVE SESSION 17. 2020-417-T Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: 1) Deliberate Economic Development Negotiations regarding a commercial prospect pursuant to Texas Government Code 551.087 Economic Development (S. Norwood). RECONVENE FROM EXECUTIVE SESSION 18. 2020-376-T Take appropriate action regarding the Executive Session (S. Norwood). ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Government Code Section 551.071. Town Council Page 4 of 114 January 26, 2021 Town Council Meeting Agenda January 26, 2021 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, January 22, 2021 by 5:30 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Members of the Town Council may be participating remotely in compliance with the Texas Open Meetings Act, the Town Council Rules of Procedure, or under the provisions provided by the Governor of Texas in conjunction with the Declaration of Disaster enabled March 13, 2020. Town Council Page 5 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-400-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/12/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Receive Town Manager Norwood's Report (S. Norwood) *Business Spotlight "Stanwood Cafe" - Dan Rushiti *Recognition of Byron Nelson High School Competition Cheer Team for UIL 6A Division 2 SPIRIT STATE CHAMPION Attachments: Date Ver. Action By Action Result Receive Town Manager Norwood's Report (S. Norwood) *Business Spotlight "Starwood Cafe" - Dan Rushiti *Recognition of Byron Nelson High School Competition Cheer Team for UIL 6A Division 2 SPIRIT STATE CHAMPION Town Council Page 6 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-383-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 12/16/2020 In control: Town Council On agenda: 1/26/2021 Final action: Title: Issuance of Proclamation 2021-01 recognizing the 2020 Ranking for the Town of Trophy Club as the 2nd Safest City in Texas (S. Norwood). Attachments: PROC. 2021-01 - Trophy Club Recognized as 2nd Safest City in Texas.pdf Date Ver. Action By Action Result Issuance of Proclamation 2021-01 recognizing the 2020 Ranking for the Town of Trophy Club as the 2nd Safest City in Texas (S. Norwood). Town Council Page 7 of 114 January 26, 2021 Proclamation 2021-01 ToWn of Tropbp Club, Texa.5 A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL RECOGNIZING THE 2020 RANKING FOR THE TOWN OF TROHPY CLUB AS THE 2ND SAFEST CITY IN TEXAS WHEREAS, in 2017, the Town of Trophy Cub was ranked the 1st Safest City in Texas by Safe Wise due to its commitment to the safety and security of its residents and its efforts in community safety and crime prevention. In 2018 and 2019, Trophy Club ranked as the 3rd Safest City in Texas. In 2020, Business Insurance Resource, AdvisorSmith reported that Trophy Club had been named the 2nd Safest City in Texas using 2019 crime reports from the FBI; and WHEREAS, the study separates 655 cities into three lists, based on population to provide meaningful comparisons on reported crime rates. This included 418 small cities, 198 mid -size cities and 39 large cities; and WHEREAS, Trophy Club being ranked the #2 Safest City in Texas is a tremendous compliment to the Men and Women of the Trophy Club Police Department for their dedication and commitment to providing a high level of police service; and WHEREAS; An equal compliment is hereby extended to the Residents of Trophy Club who assist the Town and its Police Department on a daily basis, by being the eyes and ears of the community who also have high regards for our law enforcement, NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL DO HEREBY PROCLAIM AND RECOGNIZE: TROPHY CLUB, TEXAS AS THE 2ND SAFEST CITY IN TEXAS PASSED AND APPROVED by the Trophy Club Town Council this 26th day of January, 2021. Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor Town Secretary/RMO Town of Trophy Club, Texas Town Council Page 8 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-408-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/15/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Issuance of Proclamation 2021-02 recognizing February as Kindness Awareness Month in Trophy Club (Mayor Fleury). BNHS Student Council will announce a February Campaign Kindness Plan. Attachments: Date Ver. Action By Action Result Issuance of Proclamation 2021-02 recognizing February as Kindness Awareness Month in Trophy Club (Mayor Fleury). BNHS Student Council will announce a February Campaign Kindness Plan. Town Council Page 9 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-385-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 12/21/2020 In control: Town Council On agenda: 1/9/2021 Final action: Title: Case PD-AMD-20-003 (Domestic Pet Services) a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for adoption of Ordinance 2021-02 for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for adoption of Ordinance 2021-03 for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Cub Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for adoption of Ordinance 2021-04 for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Cub Drive and approximately 165 feet north of SH 114 (L. Payne) Attachments: Staff Report - Domestic Pet Services.pdf Exhibit A - Domestic Pet Services Location Map.pdf Exhibit B - Domestic Pet Services List of Permitted Uses.pdf Exhibit C - Domestic Pet Services Definitions.pdf ORD. 2021-02 PZ PD30 Domestic Pet Services.pdf Staff Report - Pet Bar.pdf Exhibit A - Pet Bar Location Map.pdf Exhibit B - Pet Bar Building Layout.pdf Exhibit C - Pet Bar Business Description.pdf ORD. 2021-03 P&Z Pet Bar.pdf Staff Report - City Vet.pdf Exhibit A - City Vet Location Map.pdf Exhibit B - City Vet Building Layout.pdf Exhibit C - City Vet Business Description.pdf ORD. 2021-04 P&Z City Vet.pdf Date Ver. Action By Action Result Case PD-AMD-20-003 (Domestic Pet Services) Town Council Page 10 of 114 January 26, 2021 File #: 2020-385-T, Version a. Conduct a Public Hearing for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). b. Discussion and recommendation for adoption of Ordinance 2021-02 for a Request by PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section 11.A.6 of the Development Standards, located at the Trophy Club town Center on the northeast corner of Trophy Club Drive and SH 114 (L. Payne). a (1) Case SUP 20-002 (Pet Bar) Take appropriate action for adoption of Ordinance 2021-03 for a Request by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Cub Drive and approximately 250 feet north of SH 114 (L. Payne) b (2) Case SUP 20-003 (City Vet) Take appropriate action for adoption of Ordinance 2021-04 for a Request by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Cub Drive and approximately 165 feet north of SH 114 (L. Payne) Town Council Page 11 of 114 January 26, 2021 TTOWN OF c:*::!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case PD-AMD-20-003 Town Council Meeting, January 26, 2021 Agenda Item: Case PD-AMD-20-003 (PD-30 Domestic Pet Services) a. Continue a Public Hearing regarding a request to amend PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section II.A.6. of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114. b. Take appropriate action regarding a request to amend PD Planned Development District No. 30 (PD-30) to add a definition for "Domestic Pet Services" to Section I.D. of the Development Standards and add "Domestic Pet Services (SUP Required)" to Section II.A.6. of the Development Standards, located at the Trophy Club Town Center on the northeast corner of Trophy Club Drive and SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: The zoning for Trophy Club Town Center, also known as PD Planned Development No. 30 (PD- 30), was established in 2012 and amended in 2014 and 2016. Now that much of the property is developed and commercial tenants are signing leases, the developer would like to make it possible for domestic pet services like dog grooming, a veterinarian, etc. to locate in the retail center if a Specific Use Permit (SUP) is approved for each use. The proposed language to add to the list of Permitted Uses (Exhibit B) in Section II.A.6. of the PD- 30 Development Standards is "Domestic Pet Services (SUP Required)." Page 1 of 2 Town Council Page 12 of 114 January 26, 2021 The proposed language to add to the Definitions (Exhibit C) in Section I.D. of the Development Standards is: ""Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals." Public notice was distributed per State law. Staff has not received inquiries about the request since sending out the most recent notice, but two letters of support were received from residents after the previous request was withdrawn. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on January 7, 2021. The discussion focused around the veterinary use and the lack of a yard, overnight boarding due to surgery, and medical services being seen as a more intense use that other pet services. The applicant explained that the veterinarian planning to move in does not include a yard in their business model as an indoor waste management system is used. A motion was made to recommend approval of the proposal as presented, but the vote failed 2-5. A second motion was made to recommend approval of the proposal with the condition to remove "medical care" and "medical boarding for veterinarian services" from the proposed definition and that passed 6-1. Staff Recommendation: Staff recommends approval of the PD Amendment as presented. Attachments: • Ordinance No. 2021-02 P&Z • Exhibit A —Location Map • Exhibit B — List of Permitted Uses • Exhibit C — Definitions Page 2 of 2 Town Council Page 13 of 114 January 26, 2021 Exhibit B II. DEVELOPMENT STANDARDS A. PERMITTED USES. Within this planned development district, the only uses permitted are the following. Uses not listed in the following schedule, but are substantially similar, may be permitted upon the approval of the Town Staff, subject to appeal directly to the Town Council: 1. RESIDENTIAL • Dwelling, Urban Residential Units [Garden Style Apartments are prohibited] • Hotels (full service) • Hotels (limited service with SUP) • Adult Active Living • Town house/Town home 2. RELIGIOUS AND PHILANTHROPIC • Eleemosynary Institutions (CUP Required) 3. EDUCATIONAL • Children's Day Care Center & Kindergarten • Junior Colleges, Colleges & Universities (limited to 20,000 sq ft or less) • Schools, Private Business & Professional • Schools, Vocational, Technical & Trade 4. COMMUNITY FACILITIES • Auditorium, Gym • Heliport/Helipad • Municipal Admin • Park, Playground, Playlots, Related Facilities • Parking Garage • Privately Owned & Operated Playground • Public Safety Facilities • Radio, Television, Microwave, Cellular towers attached to buildings (if camouflaged so that they are not visible to the public) • Social, Recreational, Assembly Buildings • Tennis, Handball, Racquet Ball Clubs • Utility Facilities, Office 5. PROFESSIONAL AND FINANCIAL INSTITUTIONS • Accounting Office • Admin, Executive, Editorial Office • Architectural, Engineering, Planning Office • Attorney's Office • Banks and Financial Institutions • Hospital Town Council Page 15 of 114 January 26, 2021 • Insurance Office • Extended Stay Surgery Center • Personal/Family Counselor • Physician and/or Dentist • Public Secretary • Barber, Beauty, Styling Shops • Health, Athletic Shops • Medical, Dental, Chiropractic, Optometry, etc. • Real Estate Office • Travel Bureau or Agency • Weight Reduction Studio 6. RETAIL • Antique Shop • Art Studio • Art Supply Store • Arts, Crafts, Hobby Shops • Bakery Shops • Bicycle Shop • Beer, Wine and Liquor Sales (Off -Premise Consumption Only) (SUP Required) • Coffee Shop • Confectionary Shop • Dairy Food Shop • Dance Studio • Dinner theater • Domestic Pet Services (SUP Required) • Donut Shop • Drug Store, Apothecary, Pharmacy • Dry Cleaners, Pick-up and Drop-off [Dry cleaner plants are prohibited] • Duplication and Mailing Service • Electrical Goods and Fixtures • Fabric and Knitting Shop • Florist • Grocery Store • Hardware Store (less than 50,000 square feet) • Household Appliance Store • Household Furnishings, Fixtures • Ice Cream Shop • Jewelry, Watch Store • Liquor Store (SUP Required) • Music Store • Tanning Salon • Performing Arts Center • Photograph Service & Studio Town Council Page 16 of 114 January 26, 2021 • Printing, Publishing, Engraving • Quick Service Restaurant (SUP Required) • Restaurant • Restaurant w/Alcoholic Beverage Sales (Appropriate TABC Required) (SUP Required) • Sporting Goods Store • Theater • Wallpaper, Paint Store • Wearing Apparel Store 7. RECREATIONAL • Community Center (Non -Profit) • Private Health Club • Swimming Pool (Private Club) • Swimming Pool, Tennis Court (Non -Profit) • Tennis Court (Private) 8. MIXED USES: Mixed uses are permitted within the Property. 9. SPECIFIC USE PERMIT REQUIRED FOR CERTAIN RETAIL USES: Any individual retail use with a ground level floor area in excess of 50,000 square feet shall require a Specific Use Permit. 10. ACCESSORY USES: Any use accessory to any permitted use is permitted within this planned development district. 11. ANY PERMITTED USE WITH A DRIVE-THRU FACILITY: Standards in this Ordinance shall apply. Town Council Page 17 of 114 January 26, 2021 Exhibit C L GENERAL D. DEFINITIONS. In addition to Definitions in Chapter 13, Article II of the Town of Trophy Club Zoning Ordinance, the following terms shall have the corresponding interpretations and meanings: 1. "Adult Active Living" shall mean an Urban Residential facility intended for retirees and senior citizens. 2. "Building Design" shall mean the orientation, design and development elements set forth in the Exhibits, illustrations, and images in this Ordinance. 3. "Building Line" shall mean the nearest location of a structure measured from the respective right-of- way, street easement, or property line. 4. "Building Line -of -Vision Plane" shall mean a plane by which maximum height is established taking into consideration line -of -vision from the Indian Creek Drive and Trophy Club Drive. 5. "Circulation Zone" shall mean the pedestrian maneuvering areas set forth in the Exhibits. 6. "Concept Plan" shall mean a general plan for development within the Property that identifies land uses, ingress/egress, and densities for development. 7. "Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals. 8. "Encroachment" means any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public R.O.W, or above a height limit. 9. "Facade Elevations" shall mean the elevations of structures to be constructed on the Property. 10. "Floor Area Ratio" shall mean the ratio of all enclosed building areas divided by the total area of the Property. 11. "Full Service Restaurant" shall mean a restaurant that provides food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non -theatrical entertainment. 12. "Garden Apartments" shall mean stand-alone, low density, two-story Urban Residential buildings with the following characteristics: lack of functionality as a component of (in terms of layout, appearance, etc.), any larger planned grouping of buildings; low density; lack of pedestrian circulation, active street -life, or Town Council Page 18 of 114 January 26, 2021 a larger sense of community beyond that of the individual complex itself; no integrated mixed uses; lack of building amenities and site enhancements; and contain all surface parking. 13. "Hardscape" shall mean the impervious areas within a development that are used for streets, drives, sidewalks, walkways, retaining walls, trails, and other similar features. 14. "Hotel (full -service)" shall mean a building with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A lobby for public reception and check -in; ii. A minimum area of 300 square feet in each guest room; iii. On -site staff required seven (7) days a week, twenty-four (24) hours per day; iv. A minimum of five thousand (5,000) square feet of meeting or conference room space (exception by SUP); v. No fewer than 150 rooms (exception by SUP); and vi. A full service restaurant (exception by SUP). 15. "Hotel (limited -service)" shall mean a building with habitable rooms or suites, which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with no fewer than 150 rooms nor less than 2,000 square feet of meeting area. Select food service shall be required for limited -service hotels. The following shall be required: i. A lobby for public reception and check -in; ii. A minimum area of 300 square feet in each guest room; and iii. On -site staff required seven (7) days a week, twenty-four (24) hours per day. 16. "Lot Coverage" shall mean the area of each proposed lot that is covered by buildings. 17. "Maximum Building Setback" shall be the maximum distance between the front building line and the property line or right-of-way line along that corresponding building line. 18. "Minimum Building Setback" shall be the minimum distance between the front building line and the property line or right-of-way line along that corresponding building line. 19. "Mews Street' shall mean a small street, or courtyard constructed in accordance with Exhibit "C" and "C1". 20. "Mixed Use Building or Structure" shall mean a building or structure in which at least one of the upper floors of the building has uses different from the ground floor. Town Council Page 19 of 114 January 26, 2021 21. "Mixed Use Land Use" shall mean a combination of uses integrated either vertically within structures or horizontally throughout the Property. 22. "Open Space" shall mean areas unobstructed to the sky designated for the recreational enjoyment and/or natural beauty of the area which serve as an amenity to the Property including, but not limited to park areas, creekways, trails, landscape features, hardscape areas, courtyards and drives incorporated into courtyards. Parking spaces and vehicular pathways shall not be credited towards open space requirements. 23. "Parking Zone" shall mean the areas designated for parking both on -street and off-street. 24. "Paseo" shall mean an open space primarily dedicated for pedestrian movement between blocks or buildings. 25. "Preliminary Site Plan" shall mean a preliminary detailed plan for development within the Property that identifies building location, parking, general landscaping, and other surface accommodations for the site. 26. "Property" shall mean the tract of land described in Section I.B. herein. 27. "Property Owners Association" shall mean an incorporated or unincorporated association that is designated as the representative of the owner(s) of property in PD-30 and manages and maintains the common areas and open spaces of the planned development. 28. "Public Access Area" shall mean those areas open to the public including, but not limited to patios, courts, plazas and other similar areas. 29. "Quick Service Restaurant" shall mean a restaurant that specializes in providing a full meal in a few minutes. Such meals often consist of a permutation of hamburger or chicken, french fries, and a soft drink or a milkshake. 30. "Rowhouse" shall mean an attached dwelling unit that appears to be separated from other dwelling units in a row by some architectural feature such as a vertical, unpierced wall extending from grade to roof. 31. "Secondary Street" shall mean an interior (public or private) street within the development intended to provide access to development and for circulation within the property. 32. "Service Area" shall mean an area, which is used, for employee, delivery, and utility service access between buildings, for vehicle access for loading and delivery, trash area and trash pick-up, for maintenance and service vehicle access, and for routing of base building and tenant utilities. 33. "Serviceway" shall be a private drive that provides access to service areas, loading/unloading areas, and parking. Town Council Page 20 of 114 January 26, 2021 34. "Sign Kiosk" shall mean a kiosk structure that complies with the provisions of this Ordinance and used only for signage purposes. 35. "Site Plan" shall mean a detailed plan for development within the Property that complies with the regulations of this Ordinance. 36. "Stacked Parking" shall mean parking in which vehicles are parked immediately in front of, behind, or adjacent to other vehicles without each vehicle being adjacent to a maneuvering aisle or drive. Stacked parking is permitted for valet parking only. 37. "Street Trees" shall mean trees required to be planted along street frontages as set forth herein. 38. "SUP" shall mean Specific Use Permit as required by the Town's ordinances; provided however that the SUP shall have a 45-day approval timeline from date of official submittal to consideration on a Town Council agenda (with recommendation by the Planning and Zoning Commission). Public hearing and property owner notification shall be required and any expenses related to providing proper notification shall be paid by the applicant. If the SUP is neither approved nor denied within the 45-day period, it shall be deemed approved. 39. "Supplemental Uses" shall mean uses coincident with primary, permitted uses including "patio" dining; beer, wine and mixed beverage consumption; beverage sales, service, and consumption; entry vestibules; entry stoops; structured canopies; patron waiting; valet stand; bicycle racks; street furnishings; feature hardscape or landscape; water features; and/or incidental retail display and sales, or other similar uses approved by Town Staff. 40. "Supplemental Use Zones" shall mean the areas designated for supplemental uses as described in this Ordinance. 41. "Town Staff' shall mean the Town Manager and/or his designee. 42. "Town house/Town home" means a single-family dwelling in a row of at least three attached units, but no more than 7, whereby each unit has its own front and rear access to the outside. No unit shall be located over another unit and each unit shall be separated from other units by one or more vertical common firewalls. 43. "Type 'A' Drive" shall mean the drives identified on the Concept Plan that are the primary pedestrian walking corridors. Buildings along Type 'A' Drives shall be held to the highest standard of pedestrian - oriented design. 44. "Type '13' Drive" shall mean the drives identified on the Concept Plan that are intended to primarily accommodate access to parking, service, and other auto -oriented functions. 45. "Urban Residential Units" shall include, in addition to the multi -family definition contained in the Town's Zoning Code, flats, flats with mezzanines, two floor units, Adult Active Living and Urban Residential Units grouped together into a single building. Town Council Page 21 of 114 January 26, 2021 46. "Vendor Kiosk" shall mean a small, stand- alone booth used for marketing purposes and for the sale or rental of goods or products. Town Council Page 22 of 114 January 26, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-02 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2016-11 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 30, TROPHY CLUB TOWN CENTER, BY ADDING "DOMESTIC PET SERVICES (SUP REQUIRED)" TO THE LIST OF PERMITTED USES AND ADDING A DEFINITION FOR THE SAME; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, on January 26, 2012, the Town adopted Ordinance No. 2012-04 P&Z to create PD Planned Development No. 30, known as Trophy Club Town Center; and WHEREAS, on March 3, 2014, the Town adopted Ordinance No. 2014-06 P&Z to amend the Development Standards of PD Planned Development No. 30; and WHEREAS, on March 29, 2016, the Town adopted Ordinance No. 2016-11 P&Z to amend the Development Standards of PD Planned Development No. 30; and WHEREAS, Beck Ventures, the developer of Lots 1, 2, and 5, Block A of Trophy Club Town Center, filed an application with the Town requesting an amendment to PD Planned Development District No. 30 to add "Domestic Pet Services (SUP Required)" to the list of Permitted Uses and adding a definition for the same, and such amendments are set forth herein; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2016-11 P&Z as set forth in this Ordinance; and ORD 2021-02 P&Z Page 1 of 4 Town Council Page 23 of 114 January 26, 2021 WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance allowing "Domestic Pet Services" by Specific Use Permit (SUP) on the property zoned as PD Planned Development No. 30 is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: 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 Ordinance No. 2016-11 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 30, is hereby amended in the following particulars and conditions, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. 2.01 Section I.D. "Definitions" of the Development Standards of PD Planned Development No. 30 is hereby amended as follows. "Section I.D. Definitions (7) "Domestic Pet Services" shall mean a business where dogs, cats, birds, fish, and similar small animals customarily owned as household pets are groomed, trained or given medical care, pet accessories and supplies are sold, and medical boarding for veterinarian services is provided. All services are to be provided in an enclosed building. This use does not include the retail sale of pets nor services for farm animals. 2.02 Section II.A.6. "Permitted Uses — Retail" of the Development Standards of PD Planned Development No. 30 is hereby amended as follows. "Section II.A.6. Permitted Uses — Retail • Domestic Pet Services (SUP Required) ORD 2021-02 P&Z Page 2 of 4 Town Council Page 24 of 114 January 26, 2021 SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2021-02 P&Z Page 3 of 4 Town Council Page 25 of 114 January 26, 2021 SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-02 P&Z Page 4 of 4 Town Council Page 26 of 114 January 26, 2021 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-20-002 Town Council Meeting, January 26, 2021 Agenda Item: Case SUP-20-002 (Pet Bar) a. Continue a Public Hearing regarding a request made by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Club Drive and approximately 250 feet north of SH 114. b. Take appropriate action regarding a request made by Pet Bar for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 650 feet east of Trophy Club Drive and approximately 250 feet north of SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: Pet Bar is requesting approval of a Specific Use Permit (SUP) for pet grooming which falls under the Domestic Pet Services definition in the PD-30 Development Standards. This category requires approval of an SUP for specific pet uses so that the Planning & Zoning Commission and Town Council may consider whether individual uses are a good fit in the proposed locations. Pet Bar would like to open their business in a 2,200 square foot suite in building A6 on Lot 1 of Trophy Club Town Center (Exhibit B). This is a recently opened retail building adjacent to The Bevan Apartment Homes (Exhibit A). Pet Bar offers full service and self-service grooming options, as well as boutique retail selections and pet taxi services (Exhibit C). Their hours of operation will be 9 AM — 6 PM Monday — Saturday and closed on Sunday. There will be no outdoor usage of common areas, sidewalks, or parking spaces. Page 1 of 2 Town Council Page 27 of 114 January 26, 2021 Notice of a public hearing was distributed as required by State law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on January 7, 2021. A motion to recommend approval passed unanimously. Staff Recommendation: Staff recommends approval of the Specific Use Permit as presented. Attachments: • Ordinance No. 2021-03 P&Z • Exhibit A —Location Map • Exhibit B — Building Layout • Exhibit C — Business Description Page 2 of 2 Town Council Page 28 of 114 January 26, 2021 Exhibit A Town Council Page 29 of 114 January 26, 2021 Exhibit B pet --------------------------- --LIBBY LANE---------------------- II - rF # P -4— > I IMF I mw 4r PP Xw j MULE T _T P F, H H H Lou Uj > WE 2" ap LO AgT WME AMABa RoWX- AMALE � W WM 2F L-m W WaF 2"r qvMT-w 0 4XLLA WL am.CH —1 I LlAth Z= TF IFT176 OL Town Council Page 30 of 114 January 26, 2021 Exhibit C Q petoar PetBar's unique "Unlimited Bath & Brush" subscription model offers pet owners an affordable monthly, no contract membership, and the ability to always keep their pet clean and smelling fresh. This in turn, saves time, money, and eliminates the headache of cleaning their pet at home. PetBar Services • Full Service Wash —Bath, dry and gentle brush out from our experienced staff • Professional Grooming — From simple to extravagant styles with our expert grooming staff • Self Service —For the "do-it-yourselfers," we offer atop of the line do it yourself bathing option • Retail —We sell only the best local and high quality food and treats available • Pet Taxi Service —For homebound or physically restricted, extremely busy or less active pet owners, we offer peace of mind through our pet taxi services. We will pick up their pet, bring them to one of our stores, groom and safely and promptly return their pets to them. Town Council Page 31 of 114 January 26, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-03 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR PET GROOMING UNDER THE DEFINITION OF DOMESTIC PET SERVICES, LOCATED ON LOT 1, BLOCK A OF TROPHY CLUB TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 30, AS REQUIRED BY ORDINANCE NO. 2021-02 P&Z; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section I.D. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z includes pet grooming in the definition of Domestic Pet Services; and WHEREAS, Section II.A.6. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z allows uses identified as Domestic Pet Services by Specific Use Permit only; and WHEREAS, Beck Ventures, the developer of the retail buildings on Lot 1, Block A of Trophy Club Town Center, filed an application with the Town requesting a Specific Use Permit for pet grooming which falls under the Domestic Pet Services definition in Ordinance No. 2021-02 P&Z; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance approving a Specific Use Permit for a freestanding development identification sign is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. ORD 2021-03 P&Z Page 1 of 4 Town Council Page 32 of 114 January 26, 2021 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: 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. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares ORD 2021-03 P&Z Page 2 of 4 Town Council Page 33 of 114 January 26, 2021 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORD 2021-03 P&Z Page 3 of 4 Town Council Page 34 of 114 January 26, 2021 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-03 P&Z Page 4 of 4 Town Council Page 35 of 114 January 26, 2021 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-20-003 Town Council Meeting, January 26, 2021 Agenda Item: Case SUP-20-003 (City Vet) a. Continue a Public Hearing regarding a request made by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Club Drive and approximately 165 feet north of SH 114. b. Take appropriate action regarding a request made by City Vet for a Specific Use Permit in order to operate at Trophy Club Town Center within PD Planned Development No. 30 (PD-30), generally located approximately 885 feet east of Trophy Club Drive and approximately 165 feet north of SH 114. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: City Vet is requesting approval of a Specific Use Permit (SUP) for veterinarian care which falls under the Domestic Pet Services definition in the PD-30 Development Standards. This category requires approval of an SUP for specific pet uses so that the Planning & Zoning Commission and Town Council may consider whether individual uses are a good fit in the proposed locations. City Vet would like to open their business in a 3,600 square foot suite in the building yet to be constructed on Lot 2 of Trophy Club Town Center (Exhibit B). This retail building will face SH 114 and be adjacent to Aloft Hotel (Exhibit A). City Vet offers complete medical services, as well as quality pet food and treats (Exhibit C). Their hours of operation will be 7 AM — 7 PM Monday — Friday, 8 AM — 6 PM on Saturday, and closed on Sunday. There will be no outdoor usage of common areas, sidewalks, or parking spaces. Page 1 of 2 Town Council Page 36 of 114 January 26, 2021 Notice of a public hearing was distributed as required by State law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on January 7, 2021. The applicant explained that City Vet is a high -end vet that locates in nice areas and meshes well with restaurant and retail, as well as being less parking intensive. There was still concern from the Commission that a yard would be requested in the future. A motion was made to recommend denial of the proposal and that passed 5-2. Staff Recommendation: Staff recommends approval of the Specific Use Permit as presented. Attachments: • Ordinance No. 2021-04 P&Z • Exhibit A —Location Map • Exhibit B — Building Layout • Exhibit C — Business Description Page 2 of 2 Town Council Page 37 of 114 January 26, 2021 416 LA �~ N YILA I ' %1A 4. Exhibit B A CityVet r r fy y ` s � r r� r �r r f 4 Town Council Page 39 of 114 January 26, 2021 Exhibit C CityVet In 1999 founder Chip Cannon, DVM, opened the first City Veterinary Center known as CityVet in the Oak Lawn area of Dallas, Texas. The goal was to create a great pet experience for clients by offering the best possible combination of quality care, convenience, and service with a focus to be affordable and available to the community. CityVet is entering their tot" year in business and has grown from 1 practice to 11 CityVet and 2 Ruffit locations in DFW area, and 1 CityVet in Denver, CO. CityVet Services • Medical, Dental + Surgical Services — From complete medical assessment, chemotherapy, dermatology, gastroenterology to ophthalmology treatment we are here for your pet. • Surgical Services — Our surgery protocols include best practice approaches to pre -medication and anesthesia, monitoring, and IV therapy support, with top priority put on keeping your pet safe. • Wellness + Preventative Care — Our approach to wellness and preventive care is comprehensive but customized to the needs of your pet. • Pharmacy— Our in-house pharmacy allows us to treat your pet on the spot when needed. Prescriptions are filled immediately following your appointment. • Pet Food + Supplies —We sell only the best local and high quality food and treats available Town Council Page 40 of 114 January 26, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-04 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR A VETERINARIAN UNDER THE DEFINITION OF DOMESTIC PET SERVICES, LOCATED ON LOT 2, BLOCK A OF TROPHY CLUB TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 30, AS REQUIRED BY ORDINANCE NO. 2021-02 P&Z; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section I.D. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z includes veterinarian care in the definition of Domestic Pet Services; and WHEREAS, Section II.A.6. of the PD-30 Development Standards and listed in Ordinance No. 2021-02 P&Z allows uses identified as Domestic Pet Services by Specific Use Permit only; and WHEREAS, Beck Ventures, the developer of the future retail building on Lot 2, Block A of Trophy Club Town Center, filed an application with the Town requesting a Specific Use Permit for a veterinarian which falls under the Domestic Pet Services definition in Ordinance No. 2021-02 P&Z; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance approving a Specific Use Permit for a freestanding development identification sign is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. ORD 2021-04 P&Z Page 1 of 4 Town Council Page 41 of 114 January 26, 2021 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: 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. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares ORD 2021-04 P&Z Page 2 of 4 Town Council Page 42 of 114 January 26, 2021 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORD 2021-04 P&Z Page 3 of 4 Town Council Page 43 of 114 January 26, 2021 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of January 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-04 P&Z Page 4 of 4 Town Council Page 44 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-375-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 12/8/2020 In control: Town Council On agenda: 1/12/2021 Final action: Title: Take appropriate action regarding the Town Council Regular Minutes dated December 8, 2020 (L. Vacek). Attachments: (DRAFT) TC Regular Minutes - December 8 2020.pdf Date Ver. Action By Action Result Take appropriate action regarding the Town Council Regular Minutes dated December 8, 2020 (L. Vacek). Town Council Page 45 of 114 January 26, 2021 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, December 8, 2020; 7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, December 8, 2020. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 Phillip Shoffner Council Member, Place 6 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager CALL TO ORDER Mayor Fleury called the meeting to order at 7:00 pm and noted a quorum was present with Mayor Pro Tem Lamont, Council Members Wilson, Bone, Monger, Geraci and Shoff ner. INVOCATION The Invocation was delivered by Wade Carroll, Assistant Town Manager. PLEDGES The Pledges to the American Flag and Texas Flag were led by Council Member Monger. PUBLIC COMMENT(S) Town Secretary Vacek confirmed there were no speakers registered for Public Comment. PROCLAMATION 1. Issuance of Proclamation 2020-12 recognizing Dennis Sheridan for receiving the 2020 Congressional Veteran's Commendation (Mayor Fleury). Council Member Monger read Proclamation 2020-21 and moved to approve the proclamation. Mayor Pro Tem Lamont seconded the motion and requested that the Proclamation from Congressman Michael C. Burgess be entered into the official record. Mayor Fleury thanked Dennis Sheridan for his distinguished service to our Country as well as his service to the Town of Trophy Club. She further congratulated him on receiving the distinguished 2020 Congressional Veteran's Commendation. The motion carried unanimously. Mr. Sheridan thanked Mayor Fleury and Council for the recognition. Motion 7-0-0 December 8, 2020 Page 1 of 7 Town Council Page 46 of 114 January 26, 2021 ANNOUNCEMENTS AND REPORTS 2. Receive Town Manager Norwood's Update and Reports (S. Norwood) Business Spotlight — Vinny's Italian Restaurant Mayor Fleury thanked Vinny's Restaurant for their generosity over the years in supporting fundraisers, our schools, and all the gift cards donated to the community. She shared that Vinny's was one of her all-time favorite restaurant as well as her parents' favorite. Vinny stated they began serving Trophy Club in 2005 and noted some of his favorite dishes include Chicken Marsala and their Brick Oven Pizzas. He thanked Mayor Fleury and the Council for inviting him to speak on behalf of and highlighting their restaurant - Vinny's Italian Restaurant. Mayor Fleury announced that Item 14 had been continued; thus, would not be addressed in the case anyone was present for said item. CONSENT AGENDA All matters listed under Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. No separate discussion of these items will be held. Items removed from the consent agenda will be considered individually. 3. Take appropriate action regarding the Town Council Regular Meeting Minutes dated November 17, 2020 (L. Vacek). 4. Take appropriate action for the Replacement of 11 Laptops for Police Vehicles from VersaTrust in the amount of $36,969.90 (P. Arata). S. Designating Mayor Alicia L. Fleury as Emergency Management Director and Fire Chief Taylor as Emergency Coordinator for the Town of Trophy Club, Texas (W. Carroll). 6. Take appropriate action for an Interlocal Agreement (ILA) between the Town of Trophy Club and the City of Roanoke for Inspection Services not to exceed $25,000 (W. Carroll). 7. Take appropriate action for the replacement of 8 Drinking Fountains within the Town's Parks' System with ADA Compliant, Touchless Fountains from Total Recreation Products in the amount of $38,732.88 (T. Jaramillo). Council Member Bone moved to approve consent agenda items 3, 4, 5, 6, and 7. Council Member Geraci seconded the motion. The motion carried unanimously. Motion: 7-0-0 INDIVIDUAL ITEMS 8. Receive a presentation and provide direction for a possible location and use of future, dedicated Pickleball Courts at Independence Park (T. Jaramillo). Director of Parks and Recreation Jaramillo presented a power point presentation showing direction from the Parks and Recreation Board and their recommendation. He shared a few statistics that there were over 3 million Pickleball Players; and in Trophy Club it was a 60-40 split of players between Tennis and Pickleball Players utilizing our courts. He added that there are also lengthy wait time between players. December 8, 2020 Page 2 of 7 Town Council Page 47 of 114 January 26, 2021 After providing two possible locations on the East and West Park Grounds as well as showing schematics for new Pickleball Courts with shade structures; Mr. Jaramillo stated that the Parks and Recreation Board recommended hiring a consultant to identify the best viable location while accounting for restroom facilities and concession areas and possible expansion thereof. He also mentioned that a consultant would also take into account the hosting sanctioned and unsanctioned tournaments. Town Manager Norwood added that the Parks and Recreation Board recommended at least 8 courts. He noted that the reason for the Consultant was that this is a new sport, and wanted to gain some expertise of the sport. He reported that staff would said item back for further discussion the first of the year. Council Member Wilson asked if these were permanent structures. Parks and Recreation Board Chairwoman Tiffany Nimphius responded that the structures could be restructured for other uses. Council Member Geraci shared concerns with Option B showing that the last parcel of green space available would be taken away from all that currently use it (kids playing t-ball, football, etc). Chairwoman Nimphius addressed the Council and stated that their entire Board was in agreement with Option A. Mayor Fleury stated that Pickleball was a sport that could be played by all ages and all levels. She added that it is the fastest growing sport in the US and was glad that the Town was working on this project and hoped to see it move forward. Council Member Shoffner stated he has seen the growth of this sport as has been in discussions on space and noise attributed to Pickleball. He added that the Town has spent funds planting trees to provide a buffer from the noise and wanted the consultant to keep that in mind. He added that if the T-Ball area is pushed by the pool area; this would create a new set of problems where bigger is not always better. Chairwoman Nimphius shared that the lighting and noise are on the list to go over with the Consultant. Mayor Fleury inquired if this sport would interfere with the Baseball Tournaments. Chairwoman Nimphius replied that they would not schedule these sports at the same time. Mayor Pro Tern Lamont moved to direct staff to hire a qualified Consultant to bring back a plan for consideration for a recommended location of Pickleball Courts in Trophy Club for Sanctioned and Unsanctioned Tournaments. Council Member Bone seconded the recommendation. The motion carried unanimously by those present. Motion: 7-0-0 9. Take appropriate action for the replacement of an ambulance with a 2021 Ford F550 Road Rescue Ambulance for operations in the Fire Department from Siddons-Martin Emergency Group in the amount of $327,672 (J. Taylor). Town Manager Norwood referenced CARES Funds of $670,000 will free up said amount from the General Fund as well as provide for the next two agenda items. Chief Taylor reported that the new ambulance would replace a 14- year old ambulance that has outlived its life. He said it takes 9-12 months to build a new ambulance and would expect it the latter part of 2021. He also gave an example of having to call on the City of Roanoke to assist with a transport due to the ambulance breaking down. Chief Taylor also reported that said item is eligible for a 75% FEMA Grant in which funds would be leveraged. Council Member Shoffner moved to approve the purchase of a 2021 Ford F550 Road Rescue Ambulance as a replacement in the amount of $327,672. He mentioned requesting the vehicle replacement policy in the past. Council Member Monger seconded the motion. He added this was a great grant reimbursement opportunity. The motion carried unanimously. Motion: 7-0-0 10. Take appropriate action for the replacement of Equipment for the Fire Department Training/Public Meeting Room from Electro Acoustics in the amount of $45,394.82 (J. Taylor) December 8, 2020 Page 3 of 7 Town Council Page 48 of 114 January 26, 2021 Chief Taylor reported that the training room has obsolete and non -working equipment from 2011 when the Fire Station was first built. He noted that it was critical to replace the equipment in order to train and provide public service education as a group. He noted that this Meeting Room was also a back up to the EOC at Town Hall. Council Member Monger moved to approve the request for the replacement of the equipment as recommended by staff in the amount of $45,394.82. Council Member Bone seconded the motion. The motion carried unanimously. Motion: 7-0-0 11. Take appropriate action for the replacement of three (3) Servers and three (3) Firewalls from VersaTrust in the amount of $71,126.43 to be funded from the IT Equipment Replacement Fund (W. Carroll). Assistant Town Manager Carroll presented the replacement of three Servers and three Firewalls through VersaTrust and recognized Danny Owens, Owner of VersaTrust. Mr. Owens introduced Luke Anderson, Operations Director and let the Council know that they are ready to answer questions. There being no questions; Mayor Fleury entertained a motion. Council Member Bone moved to approve staff's recommendation for the replacement of the servers and firewalls. Council Member Geraci seconded the motion. The motion carried unanimously. Motion: 7-0-0 12. Take appropriate action for the consideration of an Engineering contract with Teague Nall & Perkins (TNP) for Phase 1 of Indian Creek Drainage not to exceed $106,738.75 which would include work that has been performed to date, drainage study and surveying, and preliminary engineering yet to be billed (S. Norwood) Mr. Norwood reported that they are now at a point to go forward with Phase 1 for an engineering and design that may take up to 6 months; he noted that the next step is to fund Phase 1. He added that Phase 1 is at $1 Million and will be disruptive and challenging, as the required work will be done in between homes while working to put in large box culverts. He added that the rain will slow the project down. He shared that staff had met with residents and performed a site visit with TNP Engineers. Mr. Tom Rutledge of TNP presented a detailed technical power point on the drainage project. Mr. Rutledge reported how the drainage problems would be corrected utilizing completed drainage studies and computer modeling. He stated they ran several models to find one that will mitigate the flooding. He reported that to begin with; the current system is undersized. He noted that when running their model for the future; it still showed flooding, but the water does not get into the homes. Mr. Rutledge noted that this is only one of 3 Phases. Phase 1 is the priority that will alleviate water getting into homes. He stated that they have been providing their engineering services to the Town since 1990. The new box culverts would start at the Golf Course to Indian Creek. He stated in performing the Indian Creek Street Bond Program and working with Town Administration at the time; the town stated they did not have the sufficient funds. He noted that they are not going to have to come back and tear up the street later; as they will tie into that box culvert that was installed under Indian Creek Street during that project. He noted that drainage comes to a low point and the homes are flooding. He showed the animation of the computer model of how Indian Creek Street floods. He also noted that they looked at storm frequencies; a 10-year storm event and where that water sits. He added that with a 100-year storm; the water gets into the homes with 3.5 ft. of water. He stated that by going all the way up to the drainage system and extend that box culvert; it will be close to what can be taken care of now to mitigate the immediate problem. In the future; consideration can be given to upsizing the system. December 8, 2020 Page 4 of 7 Town Council Page 49 of 114 January 26, 2021 Mayor Pro Tern Lamont asked that said item be addressed at the Council Retreat, as there are several hotspots for flooding. Council Member Wilson asked if there was coordination with the MUD on the engineering projects in order to share the costs. Mr. Carroll responded yes; and mentioned contacting Mike regarding their street projects. Mayor Fleury stated that she was glad they were starting with Phase I. She added there is more work to be done as there are other phases and thanked Mr. Rutledge as this is a priority. Mayor Pro Tern Lamont moved to approve a Phase 1 Engineering Contract with Teague, Nall & Perkins for the Indian Creek Drainage not to exceed $106,738.75. Council Member Geraci seconded the motion. The motion carried unanimously. Council Member Shoffner asked if Mr. Rutledge had brought this drainage issue to staff previously; or to Council in the past. Mr. Rutledge replied that it was in their report that was provided to staff; and were told there were not enough funds available at the time. Mr. Rutledge noted that TNP did not do this level of study at the time. Motion: 7-0-0 13. Creation of a Strategic Partnership Committee to engage with the Trophy Club Municipal Utility District No. 1 regarding the expiration, renewal and/or amendment of the Interlocal Agreement (ILA) for Fire Protection Services with the Town of Trophy Cub (S. Norwood). Mr. Norwood reported the previous committee in place included Mayor Sanders and Council Member Shoffner. He added that the Municipal Utility District was represented by Bill Rose and now -Council Member Greg Wilson. He noted the next step was to name 2 Council Members to discussed the issue of Fire Protection and bring forth items for the ILA. Council Member Wilson moved to have himself serve with Mayor Fleury on the Strategic Partnership Committee. Mayor Pro Tern Lamont seconded the motion. The motion carried unanimously. Motion: 7-0-0 14. Withdrawal by Applicant of a request to amend PD Planned Development District No. 30 (PD-30) to add "Pet Services SUP Required for Outdoor and Overnight Uses" to the list of Permitted Uses at Trophy Club Town Center, generally located on the northwest corner of Trophy Club Drive and State Highway 114 (S. Norwood). No action Necessary. Mr. Norwood reported that said item did go before Planning and Zoning and was properly posted and published for this meeting. He noted that the applicant asked for a continuance as they will resubmit their item for reconsideration. Mayor Fleury stated that she looked forward to their resubmission and that no action was necessary. 15. Take appropriate action on a Comprehensive Citizen Survey (Mayor Fleury). Mayor Fleury noted the importance of conducting a citizen survey to check in with the citizenry to gauge resident satisfaction. She added they would find what changes are needed for the betterment of the community. She reported that the last survey was performed in 2011 and that staff would share additional details during the Council Retreat; thus, no action was necessary. Council Member Geraci made the motion to move forward with conducting a citizen survey. Council Member Monger seconded the motion. Council Member Shoffner noted he was not in favor of moving forward with the Citizen Survey at this time. The motion carried as follows: December 8, 2020 Page 5 of 7 Town Council Page 50 of 114 January 26, 2021 AYE: Mayor Fleury, Mayor Pro Tern Lamont, Council Members Monger, Bone, Wilson, and Geraci NAY: Shoffner Motion: 6-1-0 16. Discussion of Future Agenda Items (S. Norwood). Mr. Norwood noted a couple of items have been pushed back, as the Citizen Survey and Entryway Monumentation. He noted that he is in the process of working with Freese & Nichols on the Mitigation Plan. He asked if there was items to add to this list. He noted that several of the items would be addressed at the Council Retreat. Mayor Fleury stated that some items were incorrectly removed and would be discussed at the Council Retreat. 17(3). Discussion and possible action — Consult with Attorney regarding legal issues with TMRS and a former employee pursuant to Texas Government Code Session 551.071, Consultation with Attorney At this time, Mayor Pro Tern Lamont moved to remove Item 17(3) from Executive Session into open session and moved to approve the amended agreement. Council Member Geraci seconded the motion. The motion carried unanimously. Motion: 7-0-0 EXECUTIVE SESSION Mayor Fleury recessed the meeting at 8:09 pm to convene in executive session to address Item 1 and 2 denoted under Number 17. 17. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: 1) Discussion and possible action — Deliberate the duties and employment of the Municipal Court Judge pursuant to Texas Government Code Section 551.074 Personnel Matters to discuss the appointment of a public officer (personnel matters) (Mayor Fleury). a) Reappointments of Municipal Court Judge & Associate Judges 2) Discussion and possible action — Deliberate Economic Development Negotiations regarding a commercial prospect pursuant to Texas Government Code Section 551.087 Economic Development (S. Norwood). 3) Discussion and possible action — Consult with Attorney regarding legal issues with TMRS and a former employee pursuant to Texas Government Code Section 551.071 Consultation with Attorney (D. Dodd). The Council took action in Open Session on Item 17(3). RECONVENE INTO REGULAR SESSION Mayor Fleury reconvened the meeting at 8:48 pm and stated that no action was taken in executive session. Item 17(1) was addressed in open session. December 8, 2020 Page 6 of 7 Town Council Page 51 of 114 January 26, 2021 18. Take appropriate action regarding the Executive Session (Mayor Fleury) Mayor Pro Tern Lamont moved to re -appoint Presiding Judge Eric Ransleben; Alternate Judge Warren Bradley; and Alternate Judge Christian Dennie for a Two -Year Term beginning January 1, 2021. Council Member Monger seconded the motion. Judge Eric Ransleben reported that he was appointed Judge in 1999 for the Town of Trophy Club and this year has been an interesting one due to Covid19. He stated that the Court has adjusted with alternative measures and programs. He added that they offer online options now as well as send court reminders via text. He mentioned their backlog is completely up-to-date and have processed more cases and less warrants in comparison to last year. Mayor Fleury and the Council thanked him for his work. The motion carried unanimously. Motion: 7-0-0 ADJOURNMENT Mayor Fleury adjourned the meeting at 8:53 pm. Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor Town Secretary/RMO Town of Trophy Club, Texas December 8, 2020 Page 7 of 7 Town Council Page 52 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-402-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/12/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action adopting Ordinance 2021-06 Calling and Ordering the May 1, 2021 General Election for Council Place 3 and Place 4 (L. Vacek). Attachments: Staff Report - Calling the MaV 1 2021 General Election.pdf ORD 2021-06 - Calling MaV 2021 General Election.pdf Date Ver. Action By Action Result Take appropriate action adopting Ordinance 2021-06 Calling and Ordering the May 1, 2021 General Election for Council Place 3 and Place 4 (L. Vacek). Town Council Page 53 of 114 January 26, 2021 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor Fleury and Town Council From: Leticia Vacek, Town Secretary/RMO CC: Steve Norwood, Town Manager Re: Ordinance 2021-06 Town Council Meeting, January 26, 2021 Agenda Item: Adopting Ordinance 2021-06 Calling the Town's General Election to Elect 1 Council Member to Place 3 and 1 Council Member to Place 4; for a 3-year term of office for each Place. Strategic Link: Administrative & Financial Services — Provide strong internal and external marketing and communications. The Early Voting Period and Election Day hours will be advertised on the Town's Web Page and the Town Marquees as well as distributed via social media. Background and Explanation: The Town Council Places are 3-year staggered terms and the candidate that receives a majority of votes is elected. The filing period for a Place on the Ballot ends February 12, 2021 at S pm. A Drawing for the Placement of the Candidate Names on the Ballot, followed by the Town's Political Sign Session will be held on Feb. 22nd at 10:00 am (EOC Room at Town Hall). Financial Considerations: The cost of the election cannot yet be determined as it is based on the number of entities that participate in the joint election. The Counties of Denton and Tarrant will have said cost for after February 12th. Contract costs will be placed on a future agenda for your approval. Legal Review: Reviewed and approved by Town Attorney. Page 1 of 2 Town Council Page 54 of 114 January 26, 2021 Staff Recommendation: The Town Secretary recommends adoption of Ordinance 2021-06 Calling the General Election on May 1, 2021. Attachment: • Ordinance 2021-06 Page 2of2 Town Council Page 55 of 114 January 26, 2021 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-06 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 1, 2021 FOR THE PURPOSE OF ELECTING ONE (1) COUNCILMEMBER FOR PLACE NO. 3 AND ONE (1) COUNCILMEMBER FOR PLACE NO. 4, EACH FOR A THREE YEAR TERM, ON THE TOWN OF TROPHY CLUB TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A RUNOFF ELECTION; AUTHORIZING CONTRACTS WITH DENTON COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS FOR ADMINISTRATION OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first Saturday in May as a Uniform Election Date for the purposes of conducting a Joint General Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a Joint General Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, Section 3.005(c) of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 78th day before Election Day; and WHEREAS, the Town Council desires to and hereby orders a Joint General Election for the purpose of electing one (1) Councilmember for Place No. 3 and one (1) Councilmember for Place No. 4, each for a three (3) year term. Town Council Page 56 of 114 January 26, 2021 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2. DATE OF ELECTION It is hereby ordered that a Joint General Election shall be held on May 1, 2021, from 7:00 a.m. to 7:00 p.m. SECTION 3. PURPOSE OF ELECTION The purpose of the Joint General Election is to elect one (1) Councilmember for Place No. 3 and one (1) Councilmember for Place No. 4, each for a three (3) year term, on the Town of Trophy Club Town Council. SECTION 4. ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, to be eligible for a public elective office in this state, a person must: 1) be a United States citizen; 2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; 3) have not been determined by a final judgment of a court exercising probate jurisdiction to be: (A) totally mentally incapacitated; or (B) partially mentally incapacitated without the right to vote; 4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; 5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date; (6) be registered to vote in the territory from which the office is elected; and 7) satisfy any other eligibility requirements prescribed by law for the office. Additional requirements are set forth in Article III, Section 3.02, of the Trophy Club Town Charter and are as follows: ORD. 2021-06 Page 2 of 9 Town Council Page 57 of 114 January 26, 2021 (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) if any sitting Councilmember files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. SECTION 5. APPLICATION FOR A PLACE ON THE BALLOT For the purpose of the May 1, 2021 Joint General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than January 13, 2021 and not later than 5:00 p.m. on February 12, 2021. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094 of the Texas Election Code. SECTION 6. RUNOFF ELECTION If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has tentatively been set for June 5, 2021. SECTION 7. ELECTION CONTRACTS Since the Town of Trophy Club is located in both Denton County and Tarrant County, the Mayor, or his designee, is authorized to execute the necessary contracts for the administration of the May 1, 2021 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County Election and/or Tarrant County Election Administrators. Upon approval by the Town Council, a Joint Election Agreement between the Town and the Denton County Elections shall be incorporated herein by reference as Exhibit "A". Upon approval by the Town Council, a ORD. 2021-06 Page 3 of 9 Town Council Page 58 of 114 January 26, 2021 Joint Election Agreement between the Town and the Tarrant County Elections shall be incorporated herein by reference as Exhibit "B". SECTION 8. ELECTIONS ADMINISTRATION 8.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, P.O. Box 1720, Denton, Texas 76202. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "C" hereto. The main early voting polling place is hereby designated to be Denton County Elections Administration, 701 Kimberly Drive, Suite A111, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Denton County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 8.2 Tarrant County. The Tarrant County Elections Administrator, Heider Garcia, is hereby appointed as Tarrant County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "C" hereto. The main early voting polling place is hereby designated to be Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111-3011. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. ORD. 2021-06 Page 4 of 9 Town Council Page 59 of 114 January 26, 2021 SECTION 9. NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English, Spanish, and Vietnamese at the Town Hall on the bulletin board used for posting notices of the Town Council meetings and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not earlier than the 30th day (April 1, 2021) or later than the 10th day before (April 21, 2021) election day. SECTION 10. CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the Election not earlier than May 4, 2021 and not later than May 12, 2021. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meetings Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 11. VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 12. SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 13. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. ORD. 2021-06 Page 5 of 9 Town Council Page 60 of 114 January 26, 2021 SECTION 14. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 26th day of January 2021. Alicia L. Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD. 2021-06 Page 6 of 9 Town Council Page 61 of 114 January 26, 2021 EXHIBIT "A" JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY ELECTIONS Incorporated By Reference ORD. 2021-06 Page 7of9 Town Council Page 62 of 114 January 26, 2021 EXHIBIT "B" JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY ELECTIONS Incorporated By Reference ORD. 2021-06 Page 8of9 Town Council Page 63 of 114 January 26, 2021 EXHIBIT "C" NOTICE FOR EARLY VOTING Incorporated By Reference Trophy Club Denton County voters may only vote at the early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. TENTATIVE Denton County Early voting by personal appearance will be conducted at: Locations designated by Denton County: Monday, April 19 8:00 a.m. to 5:00 p.m. Tuesday, April 20 8:00 a.m. to 5:00 p.m. Wednesday, April 21 8:00 a.m. to 5:00 p.m. Thursday, April 22 8:00 a.m. to 5:00 p.m. Friday, April 23 8:00 a.m. to 5:00 p.m. Saturday, April 24 8:00 a.m. to 5:00 p.m. Monday, April 26 7:00 a.m. to 7:00 p.m. Tuesday, April 27 7:00 a.m. to 7:00 p.m. TENTATIVE Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, April 19 8:00 a.m. to 5:00 p.m. Tuesday, April 20 8:00 a.m. to 5:00 p.m. Wednesday, April 21 8:00 a.m. to 5:00 p.m. Thursday, April 22 8:00 a.m. to 5:00 p.m. Friday, April 23 8:00 a.m. to 5:00 p.m. Saturday, April 24 7:00 a.m. to 7:00 p.m. Sunday, April 25 11:00 a.m. to 4:00 p.m. Monday, April 26 7:00 a.m. to 7:00 p.m. Tuesday, April 27 7:00 a.m. to 7:00 p.m. ORD. 2021-06 Page 9of9 Town Council Page 64 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-404-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/13/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action for a Contract for Plan Review Services with Carroll Pruitt & Associates (W. Carroll). Attachments: Staff Report - Contract for Plan Review Services.pdf Contract for Plan Review Pruitt (2).pdf Date Ver. Action By Action Result Take appropriate action for a Contract for Plan Review Services with Carroll Pruitt & Associates (W. Carroll). Town Council Page 65 of 114 January 26, 2021 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Wade Carroll, Assistant Town Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary, RMO Re: Contract for Plan Review Services Town Council Meeting, 1-26-2021 Agenda Item: Take appropriate action for a contract for plan review services with Pruitt Consulting, Inc. (W. Carroll) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town's strategy map. Administrative & Financial Services — Exercise fiscal discipline in all Town Operations Background and Explanation: Staff is requesting that we enter into a contract with Pruitt Consulting, Inc. for plan review services. Currently we require all sizable permitted construction to be have plans stamped by an engineer prior to the issuance of a permit. Once plans are received staff reviews the plans to ensure that they meet all ordinance requirements such as setbacks. The Town does not currently have a staff member that is qualified to review and approve detailed construction drawings and has been working with the City of Roanoke to assist with smaller residential reviews until we are able to replace our Building Official. Carroll Pruitt started Pruitt Consulting, Inc. (formerly Pruitt Associates) in 2004. Prior to opening his consulting business he worked for the International Conference of Building Officials (ICBO) and the International Code Council (ICC) as a Senior Regional Manager providing code interpretation, plan review and other technical and membership support services. Mr. Pruitt has taught numerous seminars for ICBO and ICC and attends a substantial number of seminars each year to maintain proficiency in the codes. Page 1 of 2 Town Council Page 66 of 114 January 26, 2021 Pruitt Consulting, Inc. is utilized for plan review and consulting in several cities within Northeast Tarrant County including Roanoke which contract with Pruitt Consulting, Inc. for all commercial plan reviews. By Ordinance the Plan Review fee charged in the amount of 35% of the building permit but is not included as part of the building permit. Pruitt Consulting, Inc. charges a per hour rate which is quoted in the contract. Our current plan review fee will cover 100% of the outsourced cost with some savings depending on the size of the structure being reviewed. Financial Considerations: This item will have zero impact to the general fund as we are passing these costs on to the applicant. Under Sec 2254.001 of the Government Code, Architects are defined as Professional Services and may not be selected based on a competitive bid. Legal Review: I have reviewed the report and agreement and it is ready for the packet Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the contract for Plan Review Services from Pruitt Consulting, Inc. Attachments: • Plan Review Contract Page 2of2 Town Council Page 67 of 114 January 26, 2021 & P[atrlem Sofving PRUITT CONSULTING, INC. An Agreement for the Provision of Limited Professional Services Consulting Firm: PRUITT CONSULTING, INC. Client: Town of Trophy Club 8553 N. Beach St., #284 1 Trophy Wood Drive, Trophy Fort Worth, Texas 76244-4919 Club, TX 76262 Phone: 682.237.2984 t 817.753.6876 f 817.431.3378 FAX: www.pruittconsulting.com Cell: epruitt@pruitteonsulting.com Date: January 8, 2021 Project Name: Plan Review & Code Consulting Address: Services Scope of Work: Provide building, energy, MEP code plan review, inspection and code consulting as requested by the Town of Trophy Club. Town of Trophy Club is the final authority on all code interpretations and determination of issuance of building permit. Firm will provide comments on plan review for consideration by Town of Trophy Club in issuing of permit. Fee Arrangement: Principal Time: $180.00 per hour Supervisor Plan Review Time: $165.00 per hour Senior Plan Review Time: $155.00 per hour MEP Plan Review: Cost plus 10% if we use outside reviewers or hourly rates above if by Pruitt Consulting, Inc. Structural Review: Cost plus 10% (Structural review would be by outside engineers) Administrative: $65.00 per hour Mileage at rates set by IRS Travel time: At hourly rates above Deposit: Special Conditions: Prepared by: Carroll Lee Pruitt, FAIR, NCARB printed name Offered by: (FIRM) Accepted by: (CLIENT) January 8, 2021 signature date signature date Carroll Lee Pruitt, FAIA, NCARB, APA President/CEO printed name/title printed name/title PRUITT CONSULTING, INC. Name of consulting firm name of client Town Council Page 68 of 114 January 26, 2021 Terms and Conditions The Firm shall perform the services outlined in this agreement for the stated fee arrangement. The agreement shall stay in place until terminated by either party. Access To Site: Unless otherwise stated, the Firm will have access to the site for activities necessary for the performance of the services. The Firm will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any claims or disputes made as a result of consulting services between the Client and Firm shall be submitted to non -binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub - consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Billings/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of such services or on a monthly basis. Invoices are due on receipt of invoice, subject to the provisions of the Prompt Payment Act, Texas Government Code Chapter 2251. If the invoice is not paid within 30 days of date of invoice, the Firm may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. A. Indemnification: Firm agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expense, arising out of, connected with, or resulting from any negligent acts or omissions of Vendor or any agent, employee, subcontractor, or supplier of Firm in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employee's. The Firm agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suites, demands, proceedings, cost, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Contractor's performance under the Vendors contract, including attorneys' fees and court cost. B. Indemnity for Intellectual Property: Vendor hereby warrants that the use or sale of the products, materials and services delivered hereunder will not infringe on the rights of any trade secrets, patent, copyright, registered trademark, or other intellectual property by tight covering such materials and the Vendor agrees to indemnify and hold harmless the City for and all costs, expenses, judgments, and damages with the City may have to pay or incur. Certifications: Guarantees and Warranties: The Firm shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence the Firm cannot ascertain. Expenses: Expenses including printing are billed at cost. Mileage is billed at time of travel IRS mileage rates. Termination of Services: This agreement may be terminated by the Client or the Firm at any time by providing 30 days written notice to the other party. Upon receipt of such notice, the Firm shall immediately discontinue all services and work in connection with the performance of this agreement. In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, and all reimbursable expenses. Town Council Page 69 of 114 January 26, 2021 Insurance: Firm shall maintain throughout the period of this agreement, a standard form of errors and omissions insurance with Firm's current insurance company. Firm shall also maintain insurance coverage for commercial general liability, and automobile liability in forms and amounts satisfactory to Client. Firm shall assure that any and all consultants engaged or employed by Firm carry and maintain similar insurance with reasonably prudent limits and coverage in light of the services to be rendered by such consultants. Firm shall submit to Client proof of such insurance in amounts satisfactory to Client. The maintenance in full current force and effect of such form and amount of insurance, in such amount as Client shall have accepted, shall be a condition precedent to the Firm's exercise or enforcement of any rights under this agreement. Insurance policies required for Firm shall include a provision requiring written notice to the Client at least thirty days prior to any cancellation, non -renewal or material modification of the policies. The Client shall be named as an additional insured on all insurance policies, except workers compensation and professional liability, required herein. Firm's Representations: Firm hereby represents, promises and warrants to Client that Firm is financially solvent and possesses sufficient experience, licenses, authority, personnel and working capital to complete the services required hereunder. Firm warrants to Client that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property and business relationships relating to the services being provided hereunder. Firm further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this agreement and prior to final payment under the agreement. Prompt Performance by Firm: All services provided by Firm hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of such profession in the State of Texas applicable to the services contemplated by this agreement, and Firm shall be responsible for all services provided hereunder whether such services are provided directly by Firm or by any consultants hired by Firm. Firm shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay and will give this project such priority in its office as is necessary to cause Firm's services hereunder to be timely and properly performed. Client Objection to Personnel: If at any time after entering into this agreement, Client has any reasonable objection to any of Firm's personnel, or any personnel of consultants retained by Firm and assigned to the project, Firm shall promptly propose substitutes to whom the Client has no reasonable objection, and Firm's compensation shall be equitably adjusted to reflect any difference in Firm's costs occasioned by such substitution. Legal Construction: In case any one or more of the provisions contained in the agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included. To the extent the terms and conditions in the Attachment to this agreement conflict with this agreement, this agreement controls. Governing Law and Venue: The validity of this agreement and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue shall lie in Tarrant County, Texas. Independent Contractor: Firm shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Client, and Firm shall have the exclusive right to control services performed hereunder by Firm, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees and sub -firms. Nothing herein shall be construed as creating a partnership or joint venture between Client and Firm, its officers, agents, employees and sub -firms; and the doctrine of respondent superior has no application as between Client and Firm. Ownership of Documents/Reports: All documents produced by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Signature: For the purposes of the agreement a facsimile or electronic signature shall be considered the same as an original signature. Town Council Page 70 of 114 January 26, 2021 ATTACHMENT Where requested or deemed appropriate by the Town of Trophy Club, Pruitt Consulting, Inc. proposes to provide plan review services on commercial, educational, institutional, residential and multi -family projects for the Town of Trophy Club for non- structural building code, MEP, and energy code requirements. Additionally, accessibility review for projects under $50,0000 will be offered at an additional fee. Where requested or deemed appropriate by the Town of Trophy Club, Pruitt Consulting, Inc. will provide structural reviews by sub -contract to a structural engineer. For apartment projects, the permit applicant is required to provide a third party review for compliance with Chapter 11 and the applicable standard unless the Town of Trophy Club desires Pruitt Consulting, Inc. to perform that portion of the review. REVIEWS Initial plan reviews will be performed within 10 business days of receipt of complete documents and all required information to perform reviews. All reviews will be prepared in a format suitable to Pruitt Consulting, Inc. and the Town of Trophy Club. Pruitt Consulting will be responsible for coordinating all phases of plan review and delivering the completed plan review to the client via email. Plan Review reports shall be permitted to be delivered directly to the applicant or the applicable design professional. Pruitt Consulting, Inc. will be permitted to contact permit applicants and design professionals directly to resolve any issues or for clarification of submittal documents. Plan Review reports shall be delivered directly to the Town of Trophy Club building official; however, Pruitt Consulting, Inc. may copy the building permit applicant/design professional of the results of the reviews performed. An emphasis on free flow of information must be maintained to quickly resolve any compliance issues. SUBMITTAL DOCUMENTS Submittal documents will be in a format and quantity necessary to properly perform the plan review and distribute to applicable plans examiners. In general, a set of PDF set of plans will be required. Additional sets may be necessary for structural or accessibility review. PDF submittals will be in a format acceptable to the Pruitt Consulting, Inc. and the Town of Trophy Club and will generally require PDF files to be saved by corresponding sheet numbers and numerically numbered. We do not review paper copies due to expense of transporting such documents. Energy compliance submittals will be required in a format acceptable to Pruitt Consulting, Inc. and the Town of Trophy Club and will generally require submittals to identify all elements including windows, doors, lighting fixtures, water heaters and other required items. Envelope submittals will be required to be by appropriate orientation with each door or window type and quantity being identified and labeled in the report. If Town of Trophy Club utilizes third party inspectors to do energy inspections, we will request that the third party energy inspector due the review. Town Council Page 71 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-405-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/13/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action on a Three Year Renewal Contract in the amount of $3,500 per month with CW Janitorial Services for Town Hall and the Fire Department (W. Carroll). Attachments: Staff Report - Janitorial Services.pdf Contract - CW Janitorial Services.p Date Ver. Action By Action Result Take appropriate action on a Three Year Renewal Contract in the amount of $3,500 per month with CW Janitorial Services for Town Hall and the Fire Department (W. Carroll). Town Council Page 72 of 114 January 26, 2021 TTOWN OF c:*::!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Janitorial Services Town Council Meeting, January 26, 2021 Agenda Item: Take appropriate action for a Contract for Janitorial Services with CW Janitorial Services for janitorial services at Town Hall and the Fire Department in the amount of $126,000. Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations Background and Explanation: Rather than a 1-year contract forjanitorial services which has been done in the past, staff decided to request bids for a 3-year contract. Requests were sent to four companies, including the Town's existing contractor and two HUB (Historically Underutilized Business) vendors, as required. Two of the four companies responded to the request and the lowest bid came from our existing contractor, CW Janitorial Services. Staff is happy with their service and would like to continue a working relationship with them. The attached contract lists services provided as: • Cleaning Ad min 3 times per week, • Cleaning Police and Fire 4 times per week, • Cleaning outside windows at Town Hall 1 time per month, and • Cleaning carpet at Town Hall 2 times per year. Financial Considerations: Funding is available in the Facilities Maintenance — Cleaning Services line item 01-710-64500 ($57,400). The contract is for $3,500 per month or $42,000 annually; total for the three years, $126,000. Page 1 of 2 Town Council Page 73 of 114 January 26, 2021 Leeal Review: The Town Attorney has reviewed this item and has no objection. Board/Commission/Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the 3-year contract with CW Janitorial Services Attachments: • Contract with CW Janitorial Services Page 2 of 2 Town Council Page 74 of 114 January 26, 2021 CLEANING SERVICES AGREEMENT THIS CLEANING SERVICES AGREEMENT (the "Agreement") dated this day of BETWEEN: Town of Trophy Club of 1 Trophy Wood Dr, Trophy Club, TX 76262, USA (the "Client") CW Janitorial Services of 553 Unbridled Ln, Keller, TX 76248, USA (the "Contractor"). BACKGROUND: A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows: Services Provided 1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of- - Cleaning Admin 3 times per week - Cleaning Police and Fire 4 times per week - Cleaning outside windows at Town Hall 1 time per month - Cleaning carpet at Town Hall 2 times per year 2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client. Town Council Page 75 of 114 January 26, 2021 Cleaning Services Agreement Pa;;e 2 of 5 Term of Agreement 3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until February 1, 2024, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties. This agreement may be terminated with 60 days written notice from either Party. 4. In the event that either Party breaches a material provision under this Agreement, the non - defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non -defaulting Party against all reasonable damages. The non -defaulting Party must give the defaulting party written notice of the default and 30 days to remedy. Performance The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Currency 6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars. Compensation 7. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor at the rate of $3,500.00 per month. The Compensation will be payable on a monthly basis, while this Agreement is in force. 9. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation. Reimbursement of Expenses 10. The Contractor will be reimbursed from time to time for all reasonable and necessary expenses incurred by the Contractor in connection with providing the Services hereunder. 11. The Contractor will furnish vouchers to the Client for all such expenses. Return of Property 12. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client. Town Council Page 76 of 114 January 26, 2021 Cleaning Services 4greement Page 3 of 5 Capacity. /pendent Contractor 13. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Notice 14. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: a. Town of Trophy Club Trophy Wood Dr, Trophy Club, TX 76262, USA b. CW Janitorial Services 553 Unbridled Ln, Keller, TX 76248, USA or to such other address as any Party may from time to time notify the other. Indemnification 15. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. Tnsurance 16. The Contractor will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Contractor based on the risk associated with the characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement. Town Council Page 77 of 114 January 26, 2021 Cleaning Services Agreement Page 4 of 5 Legal Expenses 17. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action. Modification of Agreement 18. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. Time of the Essence 19. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Assigninent 20. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. Entire Agreement 21. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Fmrrement 22. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns. Titles/Headings 23. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Gender 24. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Governing Law 25. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Town Council Page 78 of 114 January 26, 2021 Cleaning Services Agreement Page 5 of 5 Texas, without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 26. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Wnivar 27. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this day of , Town of Trophy Club Per: (Seal) CW Janitorial Services Per: (Seal) Town Council Page 79 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-406-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/13/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action for an Interlocal Agreement with the City of Grand Prairie for Asphalt Street Repairs (W. Carroll). Attachments: Staff Report - ILA with Grand Prairie for Asphalt Street Repairs.pdf Master ILA with Grand Prairie.pdf Date Ver. Action By Action Result Take appropriate action for an Interlocal Agreement with the City of Grand Prairie for Asphalt Street Repairs (W. Carroll). Town Council Page 80 of 114 January 26, 2021 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Wade Carroll, Assistant Town Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary, RMO Re: ILA with City of Grand Prairie for Asphalt Street Repairs Town Council Meeting, 1-26-2021 Agenda Item: Take appropriate action for an Interlocal Agreement with the City of Grand Prairie for asphalt street repairs. Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town's strategy map. Infrastructure and Development — Maintain and improve all Town infrastructure. Background and Explanation: Staff is seeking approval of an Interlocal Agreement with the City of Grand Prairie to utilize their public bidding for asphalt street repair to meet our bidding requirements for the same. The Town is preparing to repair the Trophy Club Park Rd. which is the only asphalt roadway we have in town and therefore it was necessary to obtain a contractor that has the skills and abilities to meet the Town's expectations while meeting all state and local requirement for bidding. Staff reviewed the public bid sent out by Grand Prairie and it meets our needs in both areas. With approval of this ILA the Town will be able to contract with Reynolds Asphalt for this job and any others in the future that requires this expertise. Financial Considerations: The Interlocal Agreement allows the Town to comply with local and State requirements for purchasing services. Legal Review: Not applicable Page 1 of 2 Town Council Page 81 of 114 January 26, 2021 Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the ILA with the City of Grand Prairie for asphalt street repair. Attachments: • ILA with City of Grand Prairie Page 2of2 Town Council Page 82 of 114 January 26, 2021 MASTER INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF GRAND PRAIRIE AND TOWN OF TROPHY CLUB WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, and Chapter 271.102 of the Texas Local Government Code authorize all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, The City of Grand Prairie (the "City") and Town of trophy Club("Trophy Club") desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, The City and Trophy Club represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies, and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized; and WHEREAS, each party has sufficient resources to perform the functions contemplated by this Agreement; NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. The City and Trophy Club are authorized to participate in each other's current and/or future contracts for goods and services. Said contracts shall have been established in accordance with all appropriate procedures governing competitive bids and competitive proposals, if required. 2. The City and Trophy Club agree that the ordering of goods and services is the responsibility of the local government seeking to obtain such goods and services under the established contract, and that participating government shall deal directly with the vendor in obtaining the goods and services and payment therefore. The participating government shall be liable to the vendor only for goods and services ordered and received by it, and shall not, by the execution of this Agreement, assume any additional liability. Neither the City nor Trophy Club warrants, or is responsible for, the quality or delivery of goods or services from the vendor under contract. Should a dispute arise between a participating government and a vendor, the same shall be handled by and between that participating government and the vendor. Cooperative Purchasing Agreement — {Trophy Club} and the City of Grand Prairie - 1 - Town Council Page 83 of 114 January 26, 2021 3. Each government shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective government. 4. Participation of either government in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either governments from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 5. Each government shall ensure that all applicable laws and ordinances have been satisfied. 6. Effective Date and Term. This Agreement shall be effective when the last party signing causes the Agreement to be fully executed and will remain in full force and effect indefinitely. Any party may modify and/or terminate this Agreement in accordance with Paragraphs 7 and 8, respectively. 7. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 8. Termination. This Agreement may be terminated at any time by the City or Trophy Club, with or without cause, upon thirty (30) days written notice to the other party in accordance with Paragraph 11 herein. 9. Hold Harmless. To the extent allowed by law, the City and Trophy Club agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 10. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person, sent by email, by fax with successful send confirmation, or by certified mail to the last business address as listed herein. Cooperative Purchasing Agreement — {Trophy Club} and the City of Grand Prairie - 2 - Town Council Page 84 of 114 January 26, 2021 City of Grand Prairie: Purchasing Division Attn: Purchasing Manager City of Grand Prairie 300 W. Main St. PO Box 534045 Grand Prairie, TX 75050 Phone: (972) 237-8269 Fax: (972) 237-8265 Purchasingfax(a-, gptx. org Trophy Club: Responsible Department Attn: Responsible Position Trophy Club Trophy Club Mailing Address City, STATE Zip Phone: Main phone # Fax: main fax # email address 12. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 13. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 14. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 15. Place of Performance. Performance and all matters related thereto shall be in the County of the government originating the bid. This shall be Trophy Club's county County, Texas, United States of America for Trophy Club and shall be Dallas County, Texas, United States of America for the City. 16. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective Government. 17. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in Cooperative Purchasing Agreement — {Trophy Club} and the City of Grand Prairie - 3 - Town Council Page 85 of 114 January 26, 2021 anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. Agreement Read. The parties acknowledge that they understand and intend to be bound by the terms and conditions of this Agreement. 19. Multiple Originals. It is understood and agreed that this Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes. Cooperative Purchasing Agreement — {Trophy Club } and the City of Grand Prairie - 4 - Town Council Page 86 of 114 January 26, 2021 CITY OF GRAND PRAIRIE TROPHY CLUB BY: BY: Deputy City Manager DATE: ATTEST: Cathy DiMaggio, City Secretary DATE: APPROVED AS TO FORM: Megan Mahan, City Attorney "BY" Printed Name and Title ATTEST: "ATTEST" Printed Name and Title Cooperative Purchasing Agreement — {Trophy Club} and the City of Grand Prairie - 5 - Town Council Page 87 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-407-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/13/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action for an Agreement with Reynolds Asphalt to match bid pricing received by Grand Prairie during a public bid for asphalt street repair services (W. Carroll). Attachments: Staff Report - Revnolds Asphalt.Agreement.pdf Signed - Revnolds Agreement .pdf Date Ver. Action By Action Result Take appropriate action for an Agreement with Reynolds Asphalt to match bid pricing received by Grand Prairie during a public bid for asphalt street repair services (W. Carroll). Town Council Page 88 of 114 January 26, 2021 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Wade Carroll, Assistant Town Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary, RMO Re: Agreement with Reynolds Asphalt for Asphalt Street Services Town Council Meeting, 1-26-2021 Agenda Item: Take appropriate action for an agreement with Reynolds Asphalt for asphalt street services (W. Carroll). Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town's strategy map. Infrastructure and Development — Maintain and improve all Town infrastructure. Background and Explanation: Staff is seeking to enter into an agreement with Reynolds Asphalt to utilize their services at pricing that matches those provided to Grand Prairie pursuant to an interlocal agreement for purchasing in response to their public bidding for asphalt street repairs. Once the Interlocal agreement is approved by both parties the Town will still need an agreement with the vendor that allows the Town to receive the same pricing for services as provided to Grand Prairie. Just as the Interlocal agreement allows the Town to use Grand Prairie's public bidding as our own, the agreement with Reynolds Asphalt allows us to ensure we are receiving the bid price from the vendor and while meeting all state and local bidding requirements. Financial Considerations: Funding for various projects will come from the specific Fund, Capital Outlay line item. These funds could include the Capital Projects Fund, the Street Maintenance Fund and potentially the Trophy Club Park Fund subject to spending authority. Page 1 of 2 Town Council Page 89 of 114 January 26, 2021 Legal Review: This item has been reviewed and is ready for the packet Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of agreement with Reynolds Asphalt for Asphalt Street Services. Attachments: • Agreement with Reynolds Asphalt based on Interlocal Agreement with GP Page 2of2 Town Council Page 90 of 114 January 26, 2021 AGREEMENT BETWEEN TOWN OF TROPHY CLUB AND REYNOLDS ASPHALT The Town of Trophy Club and Reynolds Asphalt have agreed to enter into a contract that includes all of the terms and conditions of the contract between Reynolds Asphalt and the City of Grand Prairie, Texas. The Town of Trophy Club Texas has an Interlocal Purchasing Agreement with the City of Grand Prairie that satisfies all state purchasing laws. Therefore, the parties agree to the terms and conditions of the agreement that is attached and incorporated herein as Exhibit A with the following amendments: 1) Contact Kevin Odell Director Community Development 1 trophy Wood Drive Trophy Club, TX 76262 1) The initial term of this agreement shall begin on , 2021. The initial term will be for a two year period with options to renew for four additional two-year periods. ACCEPTED AND AGREED TO BY: Jr APPROVED: ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB TOWN COUNCIL: APPROVED: Alicia Fleury, Mayor Town Council Page 91 of 114 January 26, 2021 Contract Coversheet T E X A S----- -- Dept: Purchasing For: Public Works Contract 6482 R1 ID: Bid 16112 Number: Contact Angi Mize Contact 8262 Contact amine@gptxorg Name: Phone: Vendor Reynolds Asphalt & Construction Co. Name: Project Name: Pavement Resurfacing Services Summary renewal #3 with price increase Permanent Retention* r Yes r No Contract Amount Account # $ 4,013,790.00 Implementation Date 8/17/2016 Contract Approvals Department Manager,:: City Attorney Signature City Manager Signature j/f.IY,2 0e,`-- City Secretary Signature Termination Date 8/31 /2020 Email:' Vendor ntankersley@reynoldsasphalt.com Email: Work Order # Council Approval Date 8/6/2019 Date 8/9/2019 Date 8/9/2019 Date 8/12/2019 Date 8/12/2019 Town Council Page 92 of 114 January 26, 2021 AMENDMENT TO PRICE AGREEMENT CITY OF GRAND PRAIRIE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS THIS AMENDMENT is made and entered into this date by and between the CITY OF GRAND PRAIRIE, a Texas municipal corporation (hereinafter referred to as the "CITY", and REYNOLDS ASPHALT & CONSTRUCTION CO. {hereinafter referred to as "VENDOR'). WHEREAS, the CITY and VENDOR have entered into a price agreement to provide asphalt release agents per bid award resulting from vendor's response to RFB #16112, submitted by Ned Tankersley, on July 26, 2016; and WHEREAS, the above referenced agreement was for an initial term of one year with the option to renew for four additional one year periods, totaling up to $3,523,900.00 if all extensions were exercised. This Contract was effective as of August 17, 2016, and was to terminate at midnight on August 16, 2017, unless the parties mutually agreed in writing to extend the term of the Contract through an allowable renewal option, or, unless otherwise terminated as provided in provided in paragraph XVI of the original contract; and WHEREAS, the first of four available renewal options was executed on July 12, 2017 and extended the term of the contract through August 31, 2018; and WHEREAS, the second of four available renewal options was executed on July 20, 2018 and extended the term of the contract through August 31, 2019; and WHEREAS, the above referenced agreement provides that VENDOR may request a price increase through a price redetermination request, substantiated in writing, to become effective on the anniversary date of the contract to cover verifiable increases in cost to the applicable industry; and NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the CITY and VENDOR agree as follows: 1. The CITY agrees that the price redetermination is acceptable and in the best interest of the CITY and such price increase, which is attached hereto and incorporated herein as Exhibit A; and 2. The parties mutually agree to extend the term of the contract and execute the third of the four available renewal options and extend the contract expiration to midnight on August 31, 2020 at which time all of the work called for under this Contract must be completed unless the parties mutually agree in writing to extend the term of the Contract through an additional allowable renewal option, or, unless otherwise terminated as provided in provided in paragraph XVI of the original contract; and AMENDMENT PRICE AGREEMENT CONTRACT RFB 416112 Page 1 Of2 Town Council Page 93 of 114 January 26, 2021 3. The estimated annual amount to be paid to VENDOR by the CITY under such contract shall be increased by the sum of $489,890.00, to reflect the price redetermination as described in Exhibit A, making the total estimated annual amount to be paid to VENDOR under such contract $4,013,790,00, to reflect the one year renewal; and The five year total if all extension are exercised will increase from $17,619,500.00 to $22,024,375.00; and 4. This shall constitute an Authorization for extension of price agreement as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. EXECUTED this the _day of CITY OF GRAND PRAIRIE, TEXAS M Anna Doll, Deputy City Manager ATTEST: athy E. DiMaggio, City Secretary APPROVED AS TO FORM: Megan Mahan, City Attorney AMENDMENT PRICE AGREEMENT CONTRACT RFB #16112 8/12/2019 20_ REYNOLDS ASPHALT & CONSTRUCTION CO. By:___.__ Printed 1 Name: 11 P.q� l ke+I'rfi,r _..____.... Title: vi to P"-e'S)c1'0n*r" Page 2 of 2 Town Council Page 94 of 114 January 26, 2021 T E 1XW A S p r o e. $ 1 rj P l a y H o r a .Annual A6reement Chan$e Order Worksheet 16112 Reynolds Asphalt - EXHIBIT A Possible Contracl Years 5 Original Annual Contract Value $3,523,900.00 Original Max Potential Value $17,619,500.00 25% Maximum Increase $ 880,975.00 Max Possible Value $ 22,024,375.00 Max Possible Annual Contract Value $4,404,875.00 Current Total Value $18,599,280,00 -_..._.`..._._._._._.—._._._. ._.—._..,. .oUarValue each oneach Contract Term Contract Action Initial Term Renewal 1 Renewal 2 Renewal 3 Renewal 4 Renewal Renewal Renewal 3 $ 489,890.00 . $ 489,890.00 Renewal $ $ $ $ $ Percentage Change 0.00%= 0,00%' 0.00% 13.90% 13.90% Total of Changes $ - $ - $ - $ 489,890.00 $ 489,890.00 PREVIOUS TERM '• Annual Contract Value CURRENT TERM 's Annual Contract Value $3,523,900.00 FUTURE TERM ? Annual Contract Value $3,523,900.00 $3,523,900.00 $4,013,790.00 's $4,013,790.00 Town Council Page 95 of 114 January 26, 2021 Gb0 Ob0 Ob0 Ob0 W 00_ Ob0 ab0 Ob0 N d O o0 O� ` CA M V' �p o �N " yn °peg p\ o e O� 00 00 00 0� a0 00 00 00 C? O O O O �.�+ "�.. !a y —— — — c — o0 0o M 'a' � N N � � O O p O a 6 p M N C o a o a w a rn v a o 0 0 0 0 4¢ c g ui S U-j r •• fv v v h 0 0 v C 1•' °O fA fA 5A tog 6,4 es FR fA fA 64 fA FA 69 (A 69 iR fA 60 fA fA fA fiA V9 fA GA fA 69 fA !A G.n oc 69 g IS O OPSSSCp? G S 8G .S ..Sw..O 0 S SN OpW S $ CS G�y7 S pp Co m ooIt a0 b• M ON 0� Inb m N h b � h o0 A Ln %0 .N+ N.a M h vat m m ^ ^ `A V" ti V N V' N M m N n �p m z 61 O._ pp C CCr Op TJ� 0 O1 h m G O S O O O. 0 O� O N n V hV min 0 Va' oo h V'1 o i Vt it a7 at GO O t7 O O Oi o0 GT G7 00 m �'1 h et +ti O .-i V' 0 Cn N M O', a o4 0o O o0 0o O O v� h- e•� N .- N m a � Q N r}f H fiJ [A fA fA 69 to &4 f.4 fA CA fA fA bA fA fA 4A fig Got fA 69 64 f/i fr9 (A fA fA b9 64 0 8 8 o o 8 S 8 A S a �o, a o 0 a O Oh O vt m % A m N �o0 eo v ry0v, ipS C 00 h 0\ r" a, M M N O M n. of M m O, O co O, ,a N M % N N n �O �O K� b v1 O� 01 M '..� O ct 'petNMfyFF'Ardeje z fA 6�A �foA fV.tpoA Q$ C O O h O.•� 6 N �WIn ' p v n vhe} Mhvi C V ON . o•7 cfoSAV ca y 0 O 0 0 0 S c 0 o p Oz o � ID 8 g88 S 94 ar a v m g 0% v %0 En a W O y) O d h 06. a o � � W m E vopi B S ,n x y Py o 0Kn ACC p v m V °' `r d w S �z1 C - c U U U U U U V U U U .? .. ar y en to g• ax..¢>.mwa.axxxx3w�". •-� N m cr v1 ,L n CV M Town Council Page 96 of 114 January 26, 2021 MASTER INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF GRAND PRAIRIE AND TOWN OF TROPHY CLUB WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, and Chapter 271.102 of the Texas Local Government Code authorize all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, The City of Grand Prairie (the "City") and Town of trophy Club("Trophy Club") desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, The City and Trophy Club represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies, and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized; and WHEREAS, each party has sufficient resources to perform the functions contemplated by this Agreement; NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. The City and Trophy Club are authorized to participate in each other's current and/or future contracts for goods and services. Said contracts shall have been established in accordance with all appropriate procedures governing competitive bids and competitive proposals, if required. 2. The City and Trophy Club agree that the ordering of goods and services is the responsibility of the local government seeking to obtain such goods and services under the established contract, and that participating government shall deal directly with the vendor in obtaining the goods and services and payment therefore. The participating government shall be liable to the vendor only for goods and services ordered and received by it, and shall not, by the execution of this Agreement, assume any additional liability. Neither the City nor Trophy Club warrants, or is responsible for, the quality or delivery of goods or services from the vendor under contract. Should a dispute arise between a participating government and a vendor, the same shall be handled by and between that participating government and the vendor. Town Council Cooperative Purchasing Agreement — {A9pby gfly�4 and the City of Grand Prairie - 1 January 26, 2021 3. Each government shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective government. 4. Participation of either government in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either governments from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 5. Each government shall ensure that all applicable laws and ordinances have been satisfied. 6. Effective Date and Term. This Agreement shall be effective when the last party signing causes the Agreement to be fully executed and will remain in full force and effect indefinitely. Any party may modify and/or terminate this Agreement in accordance with Paragraphs 7 and 8, respectively. 7. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. Termination. This Agreement may be terminated at any time by the City or Trophy Club, with or without cause, upon thirty (30) days written notice to the other party in accordance with Paragraph 11 herein. 9. Hold Harmless. To the extent allowed by law, the City and Trophy Club agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 10. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person, sent by email, by fax with successful send confirmation, or by certified mail to the last business address as listed herein. Town Council Cooperative Purchasing Agreement — {��h�� and the City of Grand Prairie - 2 January 26, 2021 City of Grand Prairie: Purchasing Division Attn: Purchasing Manager City of Grand Prairie 300 W. Main St. PO Box 534045 Grand Prairie, TX 75050 Phone: (972) 237-8269 Fax: (972) 237-8265 purchasingfax(iDgptx. org Trophy Club: Street Department Attn: Street Supervisor Town of Trophy Club 1 Trophy Wood Dr Trophy Club, TX 76262 Phone:. 682-237-2900 Fax: 682-237-2996 kodell(a trophyclub.org 12. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 13. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 14. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 15. Place of Performance. Performance and all matters related thereto shall be in the County of the government originating the bid. This shall be Trophy Club's county County, Texas, United States of America for Trophy Club and shall be Dallas County, Texas, United States of America for the City. 16. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective Government. 17. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in Town Council Cooperative Purchasing Agreement — gSap4 glf4 and the City of Grand Prairie - 3 January 26, 2021 anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. Agreement Read. The parties acknowledge that they understand and intend to be bound by the terms and conditions of this Agreement. 19. Multiple Originals. It is understood and agreed that this Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes. Town Council Cooperative Purchasing Agreement — �Jfiqftg441 and the City of Grand Prairie - 4,ranua y 26, 2021 CITY OF GRAND PRAIRIE TROPHY CLUB BY: BY: Deputy City Manager DATE: ATTEST: Cathy DiMaggio, City Secretary APPROVED AS TO FORM: Megan Mahan, City Attorney "BY" Printed Name and Title ATTEST: "ATTEST" Printed Name and Title Town Council Cooperative Purchasing Agreement — {jyplWtq#uh) and the City of Grand Prairie - 5 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-403-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/13/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action appointing Three Members of Council to the Council Budget/Finance Subcommittee for the purpose of providing fiduciary oversight of the budget, and providing input regarding the budget process and administration thereof (Mayor Fleury). Attachments: Date Ver. Action By Action Result Take appropriate action appointing Three Members of Council to the Council Budget/Finance Subcommittee for the purpose of providing fiduciary oversight of the budget, and providing input regarding the budget process and administration thereof (Mayor Fleury). Town Council Page 102 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-415-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/20/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action for Mayoral Appointments of Two Council Members to serve on the Council Subcommittee for Interviewing Board & Commission Applicants (Mayor Fleury). Attachments: Date Ver. Action By Action Result Take appropriate action for Mayoral Appointments of Two Council Members to serve on the Council Subcommittee for Interviewing Board & Commission Applicants (Mayor Fleury). Town Council Page 103 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-416-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/20/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action to remove the Council Liaison positions of all Boards & Commissions and require the Board Chair to report their meeting summaries to Town Council (Mayor Fleury). Attachments: Date Ver. Action By Action Result Take appropriate action to remove the Council Liaison positions of all Boards & Commissions and require the Board Chair to report their meeting summaries to Town Council (Mayor Fleury). Town Council Page 104 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-413-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/20/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action Creating a Public Art Committee comprised of Three Council Members appointed by the Mayor (Mayor Fleury). Attachments: Date Ver. Action By Action Result Take appropriate action Creating a Public Art Committee comprised of Three Council Members appointed by the Mayor (Mayor Fleury). Town Council Page 105 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-409-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/15/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Take appropriate action on Public Safety Pay Adjustments (S. Norwood). Attachments: Staff Report1 - Recommended Pay Adiustments.pdf Date Ver. Action By Action Result Take appropriate action on Public Safety Pay Adjustments (S. Norwood). Town Council Page 106 of 114 January 26, 2021 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Wade Carroll, Assistant Town Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Public Safety Pay Plan Adjustments Town Council Meeting 1/26/2021 Agenda Item: Consider and take appropriate action on approval of salary increases for Public Safety employees. Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town's strategy map. Employee Development — Develop and Retain a skilled workforce. Background and Explanation: An internal salary survey was completed by Human Resources to evaluate market positioning and rank of Police and Fire Department pay ranges as compared to 10 Cities; Roanoke, Grapevine, Southlake, Keller, Colleyville, The Colony, Addison, Coppell, Highland Village, and Little Elm. Our Public Safety pay plan ranked last in most position comparisons. Turnover has been a concern, with most public safety employees leaving for a higher paying position with another City/Town Public Safety department. A plan for salary increase averaging approximately 12% based on the 50t" percentile, was created by staff and distributed to Council for input and further adjustments. The Council recommended the plan address both pay inequity by position and compression in the current salary distribution created by previous adjustments in salary through secondary adjustments emphasizing tenure and previous experience. The final version of the recommended pay adjustments for public safety will be available after approval. Staff believes the increases recommended by Council demonstrates the purposeful allocation of funds to ensure The Town of Trophy Club is able to recruit and retain highly skilled police officers and firefighters which in turn better serve our community. Page 1 of 2 Town Council Page 107 of 114 January 26, 2021 The proposed pay adjustments for Trophy Club police and fire positions are above many of our immediate competitors for public safety personnel including the starting salaries Keller, Colleyville, Grapevine, Little Elm, Highland Village and Addison. Financial Considerations: The financial impact of implementation has been calculated forJanuary 31St(first pay period after our January 26th Council Meeting). The increase in operations costs will be offset with a transfer from General Fund balance and then budgeted for appropriately in FY2022. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of Public Safety pay increases as provided to Council. Town Council Approval: Mayor Alicia Fleury or designee Page 2of2 Town Council Page 108 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-410-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/19/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Setting the Town Council Meetings for Calendar Year 2021 (L. Vacek). Attachments: 2021 Town Council Proposed Calendar.pdf Date Ver. Action By Action Result Setting the Town Council Meetings for Calendar Year 2021 (L. Vacek). Town Council Page 109 of 114 January 26, 2021 SUN MON TUE WED THU FRI SAT 1 New Years Day 2 3 4 5 6 7 8 9 Retreat 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TC 27 28 29 30 31 Jan 09: Town Council Retreat Jan 26: Town Council SUN MON TUE WED THU FRI SAT • 1 2 3 4 5 6 7 8 9 TC 10 11 12 13 14 15 NISD 16 SPRING BREAK 17 18 19 20 21 22 NISD Inservice 23 NISD Inservice ■ 24 25 26 27 28 29 30 31 March 9: Town Council *Need to confirm March 23: Town Council SUN MON TUE WED THU FRI SAT • 1 2 3 4 5 6 7 8 9 TC 10 11 12 13 14 Valentine's Day 15 President's Day 16 17 18 19 20 21 22 23 TC 24 25 26 27 28 Feb. 9: Town Council Feb. 23: Town Council SUN MON TUE WED THU FRI SAT • 1 2 Good Friday 3 4 Easter 5 6 7 8 9 10 11 12 13 TC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 TC 28 29 30 Apr. 13: Town Council Apr. 27: Town Council Town Council Page 110 of 114 January 26, 2021 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Mother's Day TC 16 17 18 19 20 21 22 23 24 25 26 27 28 29 TC 30 31 Memorial Day May 11: Town Council May 25: Town Council SUN MON TUE WED THU FRI SAT 1 2 3 4 ism 5 6 7 8 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 28 29 23 24 31 25 26 27 30 July 27: Town Council *Will need to schedA JOINT MUD/TC Mtg. SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 TC 9 10 11 12 13 14 15 16 17 18 19 20 Father's Day 21 22 TC 23 24 25 26 27 28 29 30 June 8: Town Council June 22: Town Council SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TC 25 26 27 28 29 30 31 Aug. 10: Town Council Aug. 24: Town Council Town Council Page 111 of 114 January 26, 2021 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 Labor Day 7 8 9 10 11 12 13 14 TC 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TC 29 30 Sep 14: Town Council Sep 28: Town Council SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 TC 10 11 Veterans' Day 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Nov. 09: Town Council SUN MON TUE WED THU FRI SAT 1 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Columbus Day TC 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TC 31 46 Oct. 12: Town Council Oct. 26: Town Council SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TC 15 16 17 18 19 20 21 22 23 24 Christmas Eve 25 26 27 28 29 30 31 14: Town Council Town Council Page 112 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File #: 2020-417-T Version: 1 Name: Type: Agenda Item Status: Draft File created: 1/21/2021 In control: Town Council On agenda: 1/26/2021 Final action: Title: Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: 1) Deliberate Economic Development Negotiations regarding a commercial prospect pursuant to Texas Government Code 551.087 Economic Development (S. Norwood). Attachments: Date Ver. Action By Action Result Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: 1) Deliberate Economic Development Negotiations regarding a commercial prospect pursuant to Texas Government Code 551.087 Economic Development (S. Norwood). Town Council Page 113 of 114 January 26, 2021 Town of Trophy Club Tro1 TrophyTrophyClub, Wood Drive Texas 76262 Legislation Details (With Text) File M 2020-376-T Version: 1 Name: Type: Resolution Status: Draft File created: 12/8/2020 In control: Town Council On agenda: 1/12/2021 Final action: Title: Take appropriate action regarding the Executive Session (S. Norwood). Attachments: Date Ver. Action By Action Result Take appropriate action regarding the Executive Session (S. Norwood). Town Council Page 114 of 114 January 26, 2021