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Agenda Packet TC 02/05/2007 - Amended 1 AMENDED Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, February 5, 2007 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Work Session: Discuss and review items posted to the February 5, 2007 Agenda, including but limited to Item C. 6. A.3 Invocation. A.4 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." A.5 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. A.6 Police Chief Kniffen to present members of the Department with commendations. B.1 Consent agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) C.1 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. C.2 Discuss and take appropriate action relative to a request for Preliminary Plat approval for an approximate 4.038 acre tract of land generally described as Mary Medlin Survey, Abstract No. 831, to be known as the Maintenance Facility Addition. Applicant: Beck Properties Trophy Club, L.P. (PP-06-008) C.3 Discuss and take appropriate action regarding an Ordinance calling a Joint/General Election for May 12, 2007 between the Town and NISD, calling an election for the purpose of electing a Mayor and two Council Members to the 2 Town Council and approving the terms of a joint election agreement between the Town and NISD. C.4 Discuss and take appropriate action regarding a Resolution amending Resolution 2006-24 to appoint one citizen to serve on one seat on EDC 4B for the remainder of the unexpired term expiring in 2008. C.5 Discuss and take appropriate action regarding the purchase of a video surveillance/security system from the Court Building Security Fund. C.6 Discuss and take appropriate action relative to an Ordinance repealing Section 7.01, "Procedures", of Article VII, "Developer's Agreement, Financial Assurances and Construction Contracts for Public Improvements", of Chapter 12 "Subdivision Regulations" and by repealing Section 8.11, "Land-Disturbing Activities", of Article VIII, "Tree Preservation and Removal", of Chapter 12, "Subdivision Regulations" of the Town's Code of Ordinances and adopting a new Section 7.01 and Section 8.01 of the Code of Ordinances. (ADM-07-028) C.7 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs C.8 Discuss and provide input regarding the Trophy Club Public Improvement District #1 specifically related to the structure of the agreement and the proposed improvements. C.9 Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of America Securities to provide underwriting and related banking services for the Public Improvement District Bonds related to the Highlands at Trophy Club. C.10 Discuss and take appropriate action regarding an Engagement Agreement for financial advisory services between the Town of Trophy Club and Southwest Securities, Inc. C.11 Discuss and take appropriate action regarding an Engagement Agreement with MuniCap. C.12 Items for Future Agenda. C.13 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. D.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.A.2 Work Session: Discuss and review items posted to the February 5, 2007 Agenda, including but limited to Item C. 6. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.A.3 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.A.4 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.A.5 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.A.6 Police Chief Kniffen to present members of the Department with commendations. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (sk) Attachments: 1.None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.B.1 Consent agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) STAFF COMMENTS: Betty Watson will be at the meeting to answer any questions the Commission may have. The event will be handled the same as in previous years. Betty will be in contact with Chief Kniffen to discuss any DPS issues for the event. The spring garage sale will be held Saturday, April 28th and the fall sale will occur Saturday, October 20th. For each event, no alternate rain day is planned. The Planning & Zoning Commission unanimously made a motion to recommend approval of the request at their 18 January 2007 meeting. (kcf) 10 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.1 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (kcf) The Commission unanimously recommended approval of this item at their 18 January 2007 Planning & Zoning Commission meeting. 12 PLANNING & ZONING COMMISSION REPORT TO: TOWN COUNCIL MEETING DATE: 5 FEBRUARY 2007 SUBJECT: PRELIMINARY PLAT – CHURCHILL DOWNS PURPOSE: PLATTING: To review and take action on the proposed Preliminary Plat for Churchill Downs. OWNER/DEVELOPER: Southwest T.O.O. Development, L.L.C. 204 Elliott Drive Roanoke, Texas 76262 ENGINEER/LAND PLANNER: Robert Schneeberg Gonzalez & Schneeberg 660 N. Central Expressway, No. 250 Plano, Texas 75074 EXISTING CONDITION OF THE PROPERTY: The subject land currently lies within the Town’s ETJ. LOCATION: North: Marshall Creek Road and Future Parkland within The Highlands, PD- 27 South: Outside City Limits (ETJ) / Vacant/undeveloped land (Army Corp of Engineers property) East: Outside City Limits (ETJ) / Vacant/undeveloped land (Army Corp of Engineers property) West: Neighborhood 8 of The Highlands, PD-27 Staff Review: The initial Preliminary Plat was submitted 26 October 2006. Staff review comments were given to the applicant 15 November 2006. Revised plans were submitted by the applicant 13 December 2006. Town review comments for the second submission were forwarded to the applicant 28 December 2006. Below are those comments: Staff has reviewed the second submission of the Preliminary Plat for Churchill Downs and offers the following comments: Drainage Study 13 1. Verify that the “C” factor is acceptable using the soil antecedent for this area. Miscellaneous 1. Renumber sheets to include drainage study and the sewer alignment to reflect it is part of the Preliminary Plat. 2. Derby Way Section: Change the parkway from 9’ to 9.5’. 3. Intersection of Derby Way and Marshall Creek Road: Curb radii must be 30’ 4. Intersection of Derby Way and Churchill Downs Lane: Curb radii must be 25’. 14 15 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.2 Discuss and take appropriate action relative to a request for Preliminary Plat approval for an approximate 4.038 acre tract of land generally described as Mary Medlin Survey, Abstract No. 831, to be known as the Maintenance Facility Addition. Applicant: Beck Properties Trophy Club, L.P. (PP-06-008) (kcf) The Commission made a motion to unanimously approve the request for Preliminary Plat at their 18 January 2007 meeting. 17 PLANNING & ZONING COMMISSION REPORT TO: TOWN COUNCIL MEETING DATE: 5 FEBRUARY 2007 SUBJECT: PRELIMINARY PLAT –MAINTENANCE FACILITY ADDITION PURPOSE: PLATTING: To review and take action on the proposed Preliminary Plat for The (Country Club) Maintenance Facility Preliminary Plat OWNER/DEVELOPER: Beck Properties Trophy Club, L.P. 100 Trophy Club Drive Trophy Club, Texas 76161 REPRESENTATIVE: Jones & Carter, Inc. 3030 LBJ Freeway, Suite 910 Dallas, Texas 75234 EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to CR – Commercial Recreation in August, 2006. ADJACENT ZONING/EXISTING LAND USES: North: CR and R-12, both vacant, undeveloped land South: CR, Trophy Club Country Club East: R-12, vacant, undeveloped land West: GU, Trophy Club Municipal Utility District Wastewater Treatment Plant STAFF COMMENTS: The Preliminary Plat for the Maintenance Facility was submitted to the Planning Department 31 October 2006. The submission was incomplete at that time. Upon receipt of the deficient documents, staff provided the applicant with review comments 10 November 2006. Two major components of the plat were missing in the submission: a drainage study and utility information. Staff received the revised plat submission 10 January 2007. At this date, a full review of the new information has not been completed. Staff will provide the Commission with a verbal review and recommendation prior to Thursday’s meeting. 18 19 20 21 22 23 24 25 26 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding an Ordinance calling a Joint/General Election for May 12, 2007 between the Town and NISD, calling an election for the purpose of electing a Mayor and two Council Members to the Town Council and approving the terms of a joint election agreement between the Town and NISD. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Ordinance with Joint Election Agreement attached as Exhibit “A” 27 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND NORTHWEST INDEPENDENT SCHOOL DISTRICT, TO BE HELD ON MAY 12, 2007 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO THE TOWN COUNCIL FOR TWO (2) YEAR TERMS EACH; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code (hereinafter the “Code”) establishes the first Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special 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 General or Special Election; and WHEREAS, the Town Council desires to and hereby calls a General Election for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms each; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 45th day before election day; and WHEREAS, Section 83.005 of the Texas Election Code provides that the City Secretary shall serve as the Early Voting Clerk in Municipal Elections; and WHEREAS, Section 32.001 of the Texas Election Code provides for the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge to conduct voting in each precinct where an election is held; and WHEREAS, Section 87.001 of the Texas Election Code provides for the appointment of an Early Voting Ballot Board; and 28 WHEREAS, Section 87.002 of the Texas Election Code provides for the appointment of the Early Voting Ballot Board Judge. WHEREAS, Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places; and WHEREAS, the elections ordered by the Town of Trophy Club and Northwest Independent School District (“NISD”) meet the statutory requirements for a joint election and a copy of the joint election agreement between the Town of Trophy Club and Northwest Independent School District is attached hereto and incorporated as Exhibit “A”; and WHEREAS, the Town Council hereby also desires that the election be held jointly with NISD on May 12, 2007, pursuant to the Texas Election Code. The costs of such election are to be shared pursuant to the terms of the joint election agreement between the Town of Trophy Club and NISD. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 INCORPORATION All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2 DATE OF ELECTION It is hereby ordered that a General Election (the “Election”) shall be held in and throughout the Town of Trophy Club on Saturday, May 12, 2007. SECTION 3 PURPOSE OF ELECTION The purpose of the Town’s General Election is to elect a Mayor and two (2) Council Members for two (2) year terms each. The purpose of the NISD General Election shall be as provided in the order of its governing authority calling and ordering such election. SECTION 4 ELECTION HELD JOINTLY WITH NISD 29 The Trophy Club Town Council and NISD have entered into an agreement to share the costs of the May 12, 2007 election pursuant to Chapter 271 of the Texas Election Code. The election is being held jointly to gain efficiencies and cost savings due to new requirements relative to voting machines and other aspects of the election. SECTION 5 ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code and the Trophy Club Home Rule Charter, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, is at least twenty-one (21) years of age on the first day of the form to be filed or date of appointment; has not filed nor is filing to be a candidate for more than one office or position number per election; is not an employee of the Town after becoming a candidate for a Town elective office; has not been determined mentally incompetent by a final judgment of a court; has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write-in candidate; and resides and has resided within the corporate limits of the Town for at least twelve (12) months preceding the election. Additionally, pursuant to Local Government Code § 22.032, a person must be a registered voter to be eligible for the office of Mayor or Council Member. SECTION 6 APPLICATION FOR A PLACE ON THE BALLOT 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(s) hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 10, 2007, and not later than 5:00 p.m. on March 12, 2007. Each such application shall be on a form as prescribed by the Code. 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 Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c)(d) of the Code. SECTION 7 RUNOFF ELECTION If two (2) or more candidates tie for the number of votes required to be elected, there shall be a runoff election held on June 5, 2007. The runoff election shall be held in accordance with the Code and Town of Trophy Club Charter. SECTION 8 30 ELECTION PRECINCTS, POLLING PLACE, AND HOURS The corporate limits of the Town of Trophy Club, Texas shall constitute three (3) election precincts and one poling place for the municipal election. The polling places and the county election precincts whose qualified voters shall cast ballots at such location in the Town of Trophy Club for the May 2007 General Election are as follows: Denton County Election Precincts Polling Place 400 and 401 “Svore” Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 Tarrant County Election Precincts Polling Place 3286 “Svore” Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 In accordance with Section 41.031(a) of the Code, said polling place shall be open between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election. SECTION 9 APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the Election: Presiding Election Judge Pam Irwin 543 Indian Creek Drive Trophy Club, Texas 76262 Alternate Election Judge Karen Karlis 259 Oak Hill Drive Trophy Club, Texas 76262 All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Election Judge and the Alternate Presiding Election Judge notice of their appointment not later than twenty (20) days from the effective date of this Ordinance. SECTION 10 31 APPOINTMENT OF CLERKS The Election Judge herein appointed shall appoint not less than two (2) nor more than ten (10) qualified election clerks to serve and assist in the conduct of the Election, provided, however, that if the Election Judge named herein actually serves, the Alternate Election Judge shall serve as one of the clerks. All election clerks shall be qualified voters of the Town. SECTION 11 COMPENSATION OF THE JUDGE AND CLERKS As provided for in Section 32.091 of the Texas Election Code, the Election and Alternate Judges shall be compensated at the rate of ($10.00) per hour and the election workers shall be compensated at the rate of ($8.00) per hour. Any payment referred to in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. SECTION 12 METHOD OF VOTING The Town Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the Election shall be by use of electronic ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for a Mayor and two (2) Council members. No elector shall vote for more than one (1) Mayor. No elector shall vote for more than two (2) Council Members. SECTION 13 GOVERNING LAW; QUALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident, qualified electors of the Town shall be eligible to vote at the election. Election materials shall be printed in both English and Spanish for use at the polling place and for early voting for the Election. SECTION 14 PUBLICATION AND POSTING OF NOTICE Notice of the Election shall be given by posting a Notice of Election in both English and Spanish at the Trophy Club Municipal Utility Districts Building, on the bulletin board or other location used for posting notices of the meetings of the Town Council not later than twenty-one (21) days prior to the date upon which the Election is to be held, and by publication of said notice at least once in a newspaper published in the Town or if none, then in a newspaper of general circulation within the Town, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the Election. Upon publication of the election notice, the Town 32 Secretary shall secure a publisher's affidavit, which complies with the requirements of the Code. In addition thereto, a copy of the notice shall also be filed with the Town Secretary at least twenty-one (21) days before the Election. SECTION 15 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas. For the period early voting for the election is permitted by law, the Early Voting Clerk shall keep such office open for Early Voting the following days: Monday, April 30th 8 a.m. – 5 p.m. Tuesday, May 1st 7 a.m. – 7 p.m. Wednesday, May 2nd 8 a.m. – 5 p.m. Thursday, May 3rd 8 a.m. – 5 p.m. Friday, May 4th 8 a.m. – 5 p.m. Saturday, May 5th 8 a.m. – 12 p.m. Monday, May 7th 8 a.m. – 5 p.m. Tuesday, May 8th 7 a.m. – 7 p.m. Early voting will not be conducted on any other Saturday, or on any Sunday or official State and/or national holiday during the period of early voting. Application for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 13, 2007 and not later than the close of regular business in the Early Voting Clerk's office or 12:00 p.m., whichever is later, on May 4, 2007. Early voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote for one (1) Mayor for a two (2) year term and two (2) Council members for a two (2) year term each. The Early ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Election Judge and the Alternate Election Judge appointed herein shall serve as the Presiding officer and the alternate Presiding Officer, respectively, of the Early Ballot Board. The other election officers serving at the Election shall serve as the other members of the Early Ballot Board for the Election. SECTION 16 DELIVERY OF RETURNS Pursuant to Section 66.051 of the Code, immediately after the closing of the poll on the day of the Election, the election officers named in this Ordinance shall make four 33 (4) copies of the returns. The returns shall be delivered as follows: one copy shall be retained by the Election Judge, one copy shall be delivered to the Mayor of Trophy Club, one copy shall be delivered to the voter registrar, one copy (along with ballot boxes and election supplies) shall be delivered to the Town Secretary. All election records and supplies shall be preserved by the Town Secretary in accordance with the Code. SECTION 17 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Code, the Town Council shall convene on May 21, 2007, to canvass the returns of the Election. SECTION 18 NECESSARY ACTIONS The Mayor, Town Council, and Town staff, 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 Texas Election Code and Town Charter in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 19 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 20 SEVERABILITY CLAUSE 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 21 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact caption and Effective date clause in the 34 minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 22 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the caption and effective date clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 23 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 5th day of February 2007. _____________________________________ Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _____________________________________ Town Attorney Town of Trophy Club, Texas 35 EXHIBIT “A” JOINT ELECTION AGREEMENT (Authorized by the Texas Election Code Chapter 271) I. JURISDICTION The Town of Trophy Club plans to hold a Town Council Election on May 12, 2007, in Denton and Tarrant County voting precinct for the purpose of electing a Mayor for a two (2) year term and two (2) council members for two (2) year terms. The Northwest Independent School District Board of Trustees plans to hold a Board of Trustees Election on May 12, 2007, in Denton and Tarrant County voting precincts for the purpose of electing school trustees to Place Nos. 3 and 4. II. ADMINISTRATION The Town of Trophy Club’s Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. The Northwest Independent School District agrees to pay the Town of Trophy Club for equipment, supplies, services and administrative costs as outlined in this agreement. The Town of Trophy Club’s Elections Administrator will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. III. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, translation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. Each participating authority will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the joint election and any other changes which require preclearance by the U.S. Department of Justice will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation for the text for the official ballot will also be the responsibility of each participating authority. IV. VOTING SYSTEM Each participating authority agrees that voting at the joint election will be by use of the Hart eSlate DRE and Hart eScan Ballot Scanner (System 5) voting system approved by the Secretary of State in accordance with the Texas Election Code. It is further agreed 36 that the Town of Trophy Club will provide for one joint eSlate, eScan and Judges Booth Controller during the early voting process at the branch early voting location and one joint eSlate, eScan and Judges Booth Controller and at the regular polling place located within the Town on election day. The Denton County Elections Department will be responsible for the preparation of programs and the testing of the optical scan system used for tabulating the ballots. Testing of the equipment will be conducted at a date, time, and location identified by the Denton County Elections Administrator and notification of this information will be provided to the Northwest Independent School District by the Town of Trophy Club’s Election Administrator. The Town of Trophy Club agrees to provide voting booths for the election. V. VOTING LOCATIONS It is agreed by the participating authorities that the Early Voting location for the Town of Trophy Club/NISD May 12, 2007, election will be held at the Trophy Club Svore Building, 100 Municipal Drive, Trophy Club, Texas 76262. It is further agreed by the participating authorities that the following polling places will be used on election day: Location: Trophy Club Svore Building Address: 100 Municipal Drive Precincts: 400, 401 and 3286 VI. ELECTIONS JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The Town of Trophy Club will be responsible for the appointment of the presiding judge and alternate at polling location, and also for the appointment of the Early Voting Ballot Board. It is agreed by the participating authorities to employ the number of election clerks as the need determines, and that all election workers shall be paid $8.00 per hour. The election judges will be paid $10.00 per hour. The Town of Trophy Club’s Elections Administrator is responsible for notifying all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the joint election are eligible to serve. The presiding judges, with the Elections Administrator’s assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. The participating authorities agree to hold one (1) public school of instruction on election laws and on the use of the Hart eSlate, eScan, and Judges Booth Controller voting equipment. The instructional class will be held on a day as schedule in April by the Denton County Election Administrator at the Joseph A. Carroll Building, 401 West Hickory, Denton, Texas 76201. 37 The election judges are responsible for picking up election supplies at the time and place determined by the Elections Administrator (which will be set forth in the election judge letter requesting service for this election). VII. SUPPLIES AND PRINTING The Town of Trophy Club will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. The Northwest Independent School District will furnish the Town of Trophy Club’s Elections Administrator a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot. This will be done as soon as possible after ballot positions have been determined by the NISD candidates, no later than March 15, 2007. VIII. BALLOT TABULATION AND RETURNS OF ELECTION The Town of Trophy Club will be responsible for the tabulation of ballots by the electronic precinct counter at each polling location identified in this Agreement, and for the tabulation of early votes at the Trophy Club Svore Building, 100 Municipal Drive, Trophy Club, Texas 76262. Following the tabulation of ballots on Saturday, May 12th, the Town of Trophy Club shall notify NISD of the unofficial results by telephone or email, and will prepare the following election records to be picked up by NISD no later than 12:00 p.m., Monday, May 14, 2007: (1) tape from each electronic precinct counter showing breakdown of ballots cast in early voting and on election day; (2) a Return Sheet (Form No. 17-4167) from the polling location, and for early voting, showing number of votes received by each candidate and total number of voters; (3) copy of the Combination Form (Poll List/Signature Roster) from the polling location, and for early voting. Northwest ISD will be responsible for securing these records from the Town of Trophy Club by the date and time specified above. IX. RECORDS OF ELECTION Lisa Ramsey, Town Secretary/Elections Administrator, is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the Town of Trophy Club, Town Secretary’s Office, 100 Municipal Drive, at any time during normal business hours. The Elections Administrator shall ensure that the records are maintained in an orderly manner, so that records are clearly identifiable and retrievable per records storage container. 38 Records of the election will be retained and disposed of in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Elections Administrator any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request which may be filed with a participating authority. On the first business day which follows the date that the records of the election are eligible for destruction, the Election Administrator will notify in writing each participating authority of the planned destruction of any records of the election. Within fifteen (15) days of receipt of the Election Administrator’s notice of intent to destroy the records, each participating authority will provide the Election Administrator with written authorization to proceed with destruction or written instructions to withhold destruction. X. ELECTIONS EXPENSES The participating authorities agree to equally sharing the costs of administering the May 12, 2007, election. NISD agrees to remit to the Town of Trophy Club, no later than April 20, 2007, a sum equal to 50% of the total estimated cost of election expenses. Final election expenses will be determined within 30 days after the election, and the Town will provide NISD with a final accounting. It is agreed that the remaining balance owed by NISD will be remitted to the Town no later than thirty (30) days after receipt of the final accounting. XI. EARLY VOTING Lisa Ramsey, Town Secretary, will be appointed as early voting clerk in compliance with Section 271.006 of the Texas Election Code. Other deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting at Trophy Club Svore Building. Early voting by personal appearance will be conducted in accordance with the election order of the participating authority. EARLY VOTING POLLING PLACE TOWN OF TROPHY CLUB SVORE BUILDING 100 Municipal Drive Trophy Club, Texas 76262 All requests for early voting ballots by mail that are received by participating authorities will be delivered by the most efficient means on the day of receipt to the Town of Trophy 39 Club, Town Secretary’s Office, Svore Building, 100 Municipal Drive, Trophy Club, for processing. Persons voting by mail will send their voted ballots to the Town of Trophy Club, Town Secretary’s Office. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. XII. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052, and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditures incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. In the event of election cancellation by the Town of Trophy Club, NISD agrees to conduct their election at their own expense. APPROVED BY THE TROPHY CLUB TOWN COUNCIL ON THE 5th OF FEBRUARY, 2007. _______________________________ Nick Sanders, Mayor ATTEST: ___________________________ Lisa Ramsey, Town Secretary ACCEPTED AND AGREED TO BY THE NORTHWEST INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES ON THE ________ DAY OF ___________, 2007. APPROVED: ____________________________ Davis Palmer President Northwest Independent School Board ATTEST: 40 _________________________________ Stephanie Trietsch Northwest Independent School Board, Secretary 41 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.4 Discuss and take appropriate action regarding a Resolution amending Resolution 2006-24 to appoint one citizen to serve on one seat on EDC 4B for the remainder of the unexpired term expiring in 2008. EXPLANATION: Applicants: Glen Strother Richard Bell Darin Davis In a show of hands, the EDC-B Board unanimously voted to recommend Glen Strother to the Town Council to fill the board vacancy at their January 9, 2007 meeting. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Applicants 2. Resolution 42 43 44 45 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2007- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-24, BY APPOINTING ONE PERSON TO FILL A VACANCY ON ECONOMIC DEVELOPMENT CORPORATION 4B; PROVIDING THAT THE REMAINDER OF RESOLUTION NO. 2006-24 SHALL CONTINUE IN FULL FORCE AND EFFECT; AND ADOPTING A NEW RESOLUTION APPOINTING ONE (1) CITIZEN TO EDC 4B FOR THE REMAINDER OF THE UNEXPIRED TERM EXPIRING IN 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Committees and Boards; and WHEREAS, since the adoption of Resolution No. 2006-24, one vacancy remained on EDC 4B; and WHEREAS, the Town Council has reviewed the qualifications of applicants for service on EDC 4B and has determined that the appointment of one of those applicants identified hereinbelow is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Section 2 of Resolution No. 2006-24 is hereby amended to reflect the appointment of the following individual to serve on Economic Development Corporation B with such term of service ending on October 1 of the year specified below: Economic Development Corporation 4B 7. XX (2008) Section 2. That all of the other terms an provisions of Resolution No. 2006-24 not in conflict with the terms of this Resolution shall continue in full force and effect. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of February, 2007. 46 ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 47 Economic Development Corporation A 1. T. Dwight Morrow (2007) 2. Leland Wilhelm(2008) 3. J.D. Harvey (2008) 4. Neil Twomey (2008) 5. Vacant (2007) Susan Edstrom (Liaison) Economic Development Corporation B 1. Damian Otthoff (2007) 2. Doyle Nicholson (2007) 3. James Hicks (2007) 4. Rebecca Shuman (2007) 5. Larry Crosser (2007) 6. Cyrus Holley (2008) 7. Vacant (2008) Philip Sterling (Liaison) Planning and Zoning Commission 1. Steve Stamos (2007) 2. Jim Moss (2007) 3. Gene Hill(2008) 4.Clayton Reed 2007) 5. Robert Ashby (2007) 6. James Stephens (2008) 7. Dennis Sheridan (2008) Tree Board 1. Rick Merrill (2007) 2. Steven Kohs (2007) 3. Darin Davis (2007) 4. Bob Downey (2008) 5. Kimble Ross (2008) Zoning Board of Adjustment 1. Margi Cantrell (2008) 2. Bob Radder (2008) 3. Kathleen Wilson (2008) 4. Jim Aenchbacher (2008) 5. Bob Downey (2008) Alt.Doyle Nicholson (2008) Alt. David Equitz (2008) Alt. Kevin Barry (2008) Alt. Michael Price (2008) Parks and Recreation Board 1. Steven Kohs (2007) 2. Stephen Skeen (2007) 3. Wendy Hill (2007) 4 JD Stotts (2007) 5. Pauline Twomey (2008) 6 Chris McCollister (2008) 7 Steve Gregory (2008) 8.Matthew Graham (2009) 9. Kathleen Wison (2009) 10. Dave Glaser (2009) 11. William Matthai (2009) 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.5 Discuss and take appropriate action regarding the purchase of a video surveillance/security system from the Court Building Security Fund. EXPLANATION: The Municipal Court Building Security Fund was established via ordinance in 1999, and it allows for the Municipal Court Clerk of the Town of Trophy Club, Texas, and/or his or her designee to collect a municipal court building security fee in the amount of $3.00 from each and every defendant convicted of a misdemeanor offense. This shall be collected for each and every separate and distinct offense for which a defendant is convicted per Code of Criminal Procedure, Article 102.017. The purpose of this fund is to finance items, which are used for the purpose of providing security services for buildings housing a municipal court, to include surveillance equipment. The Municipal Court Building Security Fund balance is currently $7474, not including this purchase. The prior surveillance security system (VCR/camera/tapes) is estimated to be at least 8 years old, and the picture quality is poor. While this purchase does not exceed the $3000 threshold requiring us to secure at least three (3) documented quotes, we did obtain two other estimates on installation. Both were in line with a consistent hourly labor rate; however, this specific installer appeared to represent a better value in terms of customer service and responsiveness. RECOMMENDATION: Both Staff and the Judge recommend this purchase. ACTION BY COUNCIL: (smd) Attachments: 1. Surveillance/Security System Equipment & Installation Cost 49 EQUIPMENT ITEM NO. QTY ITEM DESCRIPTION PRICE LCDDVR1 1 4Cam LCD DVR w/17” Monitor/160 Gig Hard Drive 1099.95 MB14 1 Acoustic Ceiling T Rail Camera W/Bracket 14.95 CD20 1 Color High Resolution Zoom Dome Camera 169.95 AC24-9CAM 1 24 Volt 9 Camera Power Supply With Leads 9.95 CAB-BNC-10 1 100’ BNC To BNC Cables 18.95 Shipping & Handling 26.11 EQUIPMENT COST $1339.86 Note: Includes 17” LCO DVR, instructions, IR remote, external CDR backup drive, cables and one year warranty. INSTALLATION Installation of DVR and Camera System is to be within a grid and tile ceiling environment. Camera cabling will be concealed within wall @ DVR location and brought through a wall plate to main equipment. An 110V electrical outlet is to be either pre-existing or otherwise provided for by the Town. Camera is to be installed directly to suspended ceiling tile in a location within 100’ of the DVR location. Camera zoom adjustments and placement will be optimized for field of view and focus within the limits of its design and required placement according to Town representatives taste. 10/100 Ethernet Network cabling and network connectivity configuration is to be provided by Town IT/Network technician/contractors. Basic DVR setup and configuration will be provided by InterActive Home. If detailed setup and programming is required of InterActive Home, the hourly service will likely accumulate beyond the estimated amount. Any materials not provided will be invoiced on an as-used basis, but would be minimal given the materials provided. Estimated Installation Time: 6 Man-hours (3 Hours – 2 Technicians). INSTALLATION COST $ 540.00 TOTAL COST $1879.86 50 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.6 Discuss and take appropriate action relative to an Ordinance repealing Section 7.01, "Procedures", of Article VII, "Developer's Agreement, Financial Assurances and Construction Contracts for Public Improvements", of Chapter 12 "Subdivision Regulations" and by repealing Section 8.11, "Land-Disturbing Activities", of Article VIII, "Tree Preservation and Removal", of Chapter 12, "Subdivision Regulations" of the Town's Code of Ordinances and adopting a new Section 7.01 and Section 8.01 of the Code of Ordinances. (ADM-07-028) EXPLANATION: With the submission of the Preliminary Plat for Neighborhoods 3&4 of The Highlands at Trophy Club, Hillwood has requested early grading permits. Currently the Town does not allow early grading prior to the execution of the Developer’s Agreement. Staff has been directed to draft provisions to provide criteria for early grading, which are highlighted for your review. The Planning & Zoning Commission recommended approval of this amendment (5-1), with the Following conditions: 1) that site drainage be reviewed, 2) all relevant fees be paid prior to the issuance of an earth disturbance permit. (kcf) (bg) Attachments: 1. Ordinance 51 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-__ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY REPEALING SECTION 7.01 OF ARTICLE VII, “DEVELOPER’S AGREEMENTS, FINANCIAL ASSURANCES, AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS” OF CHAPTER 12, “SUBDIVISION REGULATIONS”, AND ADOPTING A NEW CHAPTER 12, ARTICLE VII, SECTION 7.01 IN ORDER TO ALLOW THE COMMENCEMENT OF DIRT WORK PRIOR TO THE EXECUTION OF A DEVELOPER’S AGREEMENT WHEN SPECIFIED REQUIREMENTS ARE MET; AND BY REPEALING SECTION 8.11, “LAND DISTURBING ACTIVITIES”, OF ARTICLE VIII, “TREE PRESERVATION AND REMOVAL”, OF CHAPTER 12 “SUBDIVISION REGULATIONS”, AND ADOPTING A NEW CHAPTER 12, ARTICLE VIII, SECTION 8.11 IN ORDER TO ALLOW AN EARLY RELEASE TO COMMENCE LAND DISTURBING ACTIVITIES MEETING SPECIFIED CRITERIA; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Town Staff has received requests for permission to commence with earth work prior to the execution of a Developer’s Agreement but has been unable to consider such requests because Chapter 12, Article VII precludes the moving of dirt prior to the execution of a Developer’s Agreement; and WHEREAS, in order to allow such activities, it was necessary to make certain changes to Section 7.01(B)(3) of Article VII of Chapter 12 of the Code of Ordinances and to make corresponding changes to Section 8.11(C) of Article VIII of Chapter 12 of the Code of Ordinances; and 52 WHEREAS, in order to allow Council to review the proposed changes in the context of existing regulations, such ease of reference necessitated a repeal of Section 7.01 and 8.01 in their entirety and the adoption of new Sections 7.01 and 8.01; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at a properly posted meeting, the Town Council now deems it necessary to adopt this Ordinance amending the Code of Ordinances of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Section 7.01 entitled “Procedures” of Article VII entitled, “Developer’s Agreement, Financial Assurances, and Construction Contracts for Public Improvements” of Chapter 12, entitled “Subdivision Regulations” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby repealed in its entirety and a new Section 7.01 entitled “Procedures” of Article VII entitled, “Developer’s Agreement, Financial Assurances, and Construction Contracts for Public Improvements” of Chapter 12, entitled “Subdivision Regulations” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby adopted to be and read in its entirety as follows: Section 7.01 Procedures “A. Contract Required: The owner of property shall be required to execute a Developer’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer’s Agreement shall be prepared after the final engineering plans and cost estimates have been approved. B. Approval of Contract: 1. The owner of property shall be required to execute a Developer’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer’s Agreement shall be prepared after the final engineering plans and cost estimates have been approved. 53 2. The Mayor shall review and sign the contract on behalf of the Town upon approval by the Town Council. 3. No construction work shall begin on the subdivision before the Developer’s Agreement is approved and signed by the Mayor. This provision shall preclude exclude the moving of dirt, when in conformance with Article 8, Section 8.11 of this Codeexcept in conditions covered in other development regulations. 4. The Town will use its best effort to expedite all necessary instruments and documents within the Town administration. C. Changes in Contract/Scope of Project: Any subsequent changes in the plans and specifications of the approved project which results in an increase in the project scope shall necessitate an amendment to the Developer’s Agreement and amendments to all required financial assurance instruments. An increase in the project scope shall also require an increase in the Inspection Fee, as authorized in Section 7.03 (A) below. The Developer shall bear the full cost of any additional work required by the Town Attorney and/or Town Engineer in revising and/or reviewing the revised documents, and approval shall not be granted until such additional fees are paid.” 2.02 Section 8.11 entitled “Land Disturbing Activities” of Article VIII entitled, “Tree Preservation and Removal” of Chapter 12, entitled “Subdivision Regulations” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby repealed in its entirety and a new Section 8.11 entitled “Land Disturbing Activities” of Article VIII entitled, “Tree Preservation and Removal” of Chapter 12, entitled “Subdivision Regulations” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby adopted to be and read in its entirety as follows: Section 8.11 Land-Disturbing Activities “A. Approval and Permit Required: No Person shall engage in any land-disturbing activities, including but not limited to the removal of trees, land clearing and/or grading or other pre-construction preparatory activity without the required approvals and permits. All such land-disturbing activities shall be confined to the interior limits of the grading area identified on an approved grading plan. A clearing and grading permit is required in the Town prior to any land-disturbing activity. B. Exceptions: It shall be an exception to the permit requirement of this Section when a Person is engaging in one or more of the following activities: 54 1. Land-Disturbing Activities in an emergency situation involving immediate danger to life and property or substantial fire hazard; 2. Land-Disturbing Activities of one (1) acre or less on a single lot, under one (1) ownership, for the purpose of construction, landscaping and/or associated improvements for a single-family residence to be constructed as indicated on the site plan submitted to the Director of Community Development with an approved application for a building permit; 3. The removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon a field inspection verification by the Parks and Recreation Director; 4. Land-Disturbing Activities or other practices associated with and necessary to conduct normal agricultural crop operations on a property, excluding timber cutting. C. Standards 1. General Requirements - Following the approval of a Preliminary Plat by the Planning & Zoning Commission and the Town Council, and the issuance of a tree removal permit by the Permitting Department, land disturbing activities are permitted subject to the following criteria: a. The applicant shall provide the Town written acknowledgement that all grading completed prior to the approval of a Final Plat is at the risk of the developer/applicant and is subject to change based on the approval of the Final Plat by the Planning and Zoning Commission and Town Council and the release of the construction plans. b. All work must be in conformance with the approved tree removal permit, tree protections plan and tree mitigation plan. c. All erosion control and tree protection devices must be in place prior to the commencement of land disturbing activities, and shall be properly maintained at all times. d. The placement of fill shall be in strict conformance to the plans and specifications provided for the project. 55 e. The Town Engineer has reviewed the construction plans including drainage and released them for grading only. f. No construction activity of any kind shall take place in the 100 year floodplain without an approved Conditional Letter of Map Revision (CLOMAR).” g. Land-Disturbing Activities and other operations shall not create or contribute to landslides, accelerated soil creep, and/or settlement. h. Land-Disturbing Activities and other operations shall not create or contribute to flooding, erosion, or increased siltation or other forms of pollution in a watercourse. i. Land-Disturbing Activities and other operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with anticipated build-out schedule j. Debris, including but not limited to, tree limbs, construction material and other non-earthen material shall be removed from cleared sites as it is created and shall not be stock piled on the site. k. All applicable fees shall be paid. 2. Cut and Fills a. Slopes greater than three feet (3’) in height shall be no steeper than two (2) horizontal to one (1) vertical foot, except where approved retaining walls are engineered and installed and where trenches are refilled with material from the excavation or as approved by the Town to meet other community or environmental objectives. b. All topsoil removed during ground surface preparation shall be stockpiled on the site and stabilized within fourteen (14) days. c. When the owner of any parcel raises lowers, or alters the level or existing grade of a site by fill or excavation; he or she shall, at their expense, take all steps necessary to ensure compliance with the following: 56 i. Take or cause to be taken all actions necessary to protect all adjoining property from encroachment by such fill or excavation, or danger of collapse due to such excavation either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation either within the confines of the site; and, ii. When engaging in land-disturbing activities; including, but not limited to, cut and fill, such person shall not alter or otherwise compromise the intent or use of existing drainage and utility easements as originally designed and approved by the Town. iii. Establishing Ground Cover: A temporary ground cover shall be established on all graded or disturbed areas not intended to be developed within fourteen (14) days of completion of any Land- Disturbing Activity. D. Grading Plan Evaluation Criteria: When evaluating a Grading Plan, the Director shall review the Grading Plan for compliance with the following criteria: 1. Appropriate footprint sizes are identified on the Grading Plan and developments are designed in accordance with the natural terrain and drainage of the site. Erosion prevention and control measures are utilized, including protection of natural swales and drainage areas. Severely eroded areas are stabilized. 2. Mass cutting, filling and benching or terracing of existing slopes to create additional or larger building sites are prohibited; therefore, the Grading Plan shall not include or propose any such activity. The Grading Plan provides for the use of alternative treatments; including, but not limited to, building the structure with slopes of the natural terrain, the use of internal or external building retaining walls, and the use of low retaining walls on the site to reduce site grading. Mass site grading is prohibited. 3. The Grading Plan includes all information necessary for the Director of Community Development to determine that the project will result in the reasonable preservation of trees under the standards set forth in Section 8.5 of this Chapter and the requirements of this Section. 4. The area for which land-disturbing activity is proposed is limited by design to the area of construction, and the site is left in its natural state otherwise during the course of construction. 5. The Grading Plan shall include all information necessary for the Director of Community Development to determine that it provides for the reasonable preservation of trees and understory, and that the following criteria has been 57 met regarding the selection of trees to be preserved or removed. When making such determination, the Director shall consider all relevant factors, including but not limited to the following: i. Proximity of the tree’s or trees’ critical root zone or drip line to proposed grading activity. ii. That all necessary and appropriate permanent tree protection methods are employed to protect the preserved tree from damage where the tree’s critical root zone may be impacted. iii. Other remedial or protective measures have been employed, including site design which improves the chances for tree survival. iv. Temporary tree protection methods are adequately employed. v. Construction methods for utility service to the site are used that allow protection and preservation of additional trees; such as, tunneling under the critical root zones, tree walls, or tree wells. vi. Utility trenching activities are indicated on the plan.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Land Disturbing Activities and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 58 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town and by amending the Code of Ordinances to reflect the changes adopted herein by Council. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 5th day of January, 2007. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas 59 [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas 60 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.7 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs EXPLANATION: A concern was previously raised about the Town’s sign ordinance regulations governing the placement of signs on commercial property. The following is the current regulation contained in Article IV, Chapter 5, Section 4.05(B)(2): 2. Number, Size and Placement: A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8’) in height, as measured from the ground. A political sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate or issue on the election ballot shall be erected on any zoning lot or other parcel of land. The front and back surface of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall constitute a separate sign. For signs located on non-residential or unplatted property, the minimum distance between identical signs shall be twenty-five feet (25’). This item is being provided so that staff can receive Council input and prepare a draft of any necessary amendments to the sign ordinance for future consideration. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 61 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.8 Discuss and provide input regarding the Trophy Club Public Improvement District #1 specifically related to the structure of the agreement and the proposed improvements. EXPLANATION: Currently, staff is working with Centurion American and its legal counsel to finalize a draft of a PID Agreement that will be presented to Council for discussion and direction. The agreement initially presented was the Developer’s proposed agreement. We anticipate that they will provide their most recent revisions to the agreement by Friday, February 2. The attorneys have scheduled a meeting for the following Wednesday (February 7) in order to discuss the status and progress of the agreement. The goal is to have a first draft for review and discussion to the Council in time for the February 19, 2007 meeting. The agreement will generally outline the steps for creation of the PID and the levy of assessments and will identify those public improvements that will be financed by the PID. The Town’s Subdivision Regulations apply to the development of the Highlands; therefore, the terms of the PID agreement will work in conjunction with the Town’s standard Subdivider’s Agreement. The PID agreement will address the amount of bonds issued and the process for issuance and disbursement of the funds. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Project List - Engineer’s Opinion of Probable Costs 62 63 64 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.9 Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of America Securities to provide underwriting and related banking services for the Public Improvement District Bonds related to the Highlands at Trophy Club. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (be) Attachments: 1. Agreement 66 67 68 69 70 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.10 Discuss and take appropriate action regarding an Engagement Agreement for financial advisory services between the Town of Trophy Club and Southwest Securities, Inc. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Letter of Engagement 71 Letter of Engagement Between Town of Trophy Club and Southwest Securities, Inc. The Town of Trophy Club, Texas (the "Town") is considering the creation of a Public Improvement District ("PID") to facilitate, as a financing vehicle, some portion of the public improvements associated with a proposed residential land development, known as Highlands at Trophy Club. Centurion American Development Group (the "Development Group") will be the landowners and will design and construct lots, as a planned community, to be sold to home builder(s) yet to be identified. The proposed development will be totally located within the Town limits and will be comprised of approximately 697 acres, with an estimated 1,500 developed lots. The Town has requested that Southwest Securities, Inc. ("Southwest Securities") provide financial advisory services in conjunction with the proposed development, as it relates to the creation of and bond financing by a PID. Southwest Securities understands that the Town has inside legal counsel and has retained outside legal counsel to assist with the creation of the PID. The Town has also retained Lila Marsh of Vinson & Elkins to serve as bond counsel to the PID. Southwest Securities further understands that the PID bonds will be marketed and sold, using a Limited Offering Memorandum, to sophisticated institutional investors who will provide the District with Investment Letters certifying to having conducted their own independent due diligence. By execution of this Letter of Engagement, Southwest Securities agrees to provide the Town comprehensive financial advisory services associated with the proposed project, the scope of which is listed in Appendix A attached hereto and made a part hereof. In consideration thereof, the Town agrees to pay Southwest Securities a monthly retainer of $3,000, plus any out-of-pocket expenses. The retainer and out-of-pocket expenses will be billed to the Town on a quarterly basis and will not commence until February 1, 2007. At such time as the PID sells bonds, the financial advisory fee due Southwest Securities for such professional services will be an amount equal to a percentage of the total par value of the amount of bonds sold and delivered, as noted in the following fee schedule: Amount of Bonds Per Each Series Fee First $1,000,000 2.0% Next $3,000,000 1.5% Over $4,000,000 0.5% Such fee shall be calculated progressively on each separate bond series and shall become due and payable simultaneously with the delivery of the bonds to the purchaser. The monthly retainer will be terminated after one year or the first bond issue, whichever shall first occur, and all retainer amounts previously paid to Southwest Securities will be deducted from the financial advisory fee. 72 This agreement may be terminated by either party by giving 60 days written notice to the other party. This proposal is submitted in duplicate and, when accepted by the Town, it will constitute the entire agreement between the Town and the undersigned for the purposes and considerations herein specified. The Town's acceptance will be indicated by the signature of the Mayor, attested by the Town Secretary, on both copies, and the return of one executed copy to Southwest Securities. Dan A. Almon Senior Vice President Southwest Securities, Inc. Attest: Mayor, Town of Trophy Club Town Secretary, Town of Trophy Club Date: 73 Exhibit A Financial Advisory Scope of Services This financial advisory scope of services for the Town of Trophy Club, Texas (the "Town") is related to the creation of a Public Improvement District ("PID" or "District") and the issuance of bonds to finance public improvements related to the partial development of the proposed land development project. Our primary responsibility is to advise the Town/District and represent its interest in those matters related to the issuance of PID bonds. These services require us to review all documents related to the bond underwriting and selling process, including the Limited Offering Memorandum, in order to advise the Town/District on the accuracy and/or reasonableness of representations made in such documents. Some of the important items we analyze are as follows: • Consistency of debt structuring terms and interest rates with existing bond market conditions • Accuracy of representations made by the Town/ District in the bond documents • Accuracy of representations made by the underwriter and the developer on behalf of the Town Council (the "Council") with an emphasis on financial calculations • Reasonableness of bond underwriting and associated legal fees • Reasonableness of projected assessments and plan of debt financing promulgated by the developer, bond underwriter, independent Beneficial Assessment Analysis and independent Home Sale Demand Study • Continuing Disclosure requirements, if required Additional services will specifically include but are not limited to the following: 1. Review the developer's initial land development plan 2. Review project engineer's report 3. Review all legal documents and advise the Town on certain financial considerations 4. Coordinate the retention of an independent consulting firm(s) to provide a Beneficial Assessment Analysis, as well as a Home Sale Demand/Absorption Study 5. Identify the home builder(s) and assess their historical performance and sales expectations in the PID 6. Coordinate the engagement of an underwriter and the preparation of the Limited Offering Memorandum 7. Assist and advise the Town and its consultants on the following matters: a. Creation of the PID b. Negotiating the terms of the Developer Agreement c. Present and future water supply and wastewater treatment matters d. Future traditional debt financing needs of the Town 74 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.11 Discuss and take appropriate action regarding an Engagement Agreement with MuniCap. EXPLANATION: This agreement will be sent separately. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.None 75 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.12 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. List 76 Items for Future Agendas 1. Discuss and take appropriate action regarding Trophy Club Public Improvement District #1 Agreement. (2/19) 2. Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", regulating Parks and Recreation Use Fees. (2/19) 3. Discuss and take appropriate action regarding an Ordinance designating the Town of Trophy Club a "Smoke Free" Town. (219) 4. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected. (3/5) 5. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. (3/5) 6. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section 3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches." 7. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. 8. Review of the Property Maintenance Ordinance. 9. Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of Ordinances of the Town. 10. Discussion about storm water discharge from pools. 11. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. 12. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.C.13 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. Attachments: 1. None 78 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-5-2007 Subject: Agenda Item No.D.1 Adjourn.