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Agenda Packet TC 03/08/2010Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, March 8, 2010 Call to order and announce a quorum. Invocation Pledges: 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 state under God, one and indivisible." Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1.2010-12-T Consider and take appropriate action regarding the Minutes dated January 4, 2010. January 4, 2010 Minutes.pdfAttachments: 2.2010-52-T Consider and take appropriate action regarding the Minutes dated January 25, 2010. January 25, 2010 Minutes(Joint Session-TCMUD1).pdfAttachments: 3.2010-91-T Consider and take appropriate action regarding the Minutes dated February 1, 2010. February 1, 2010 Minutes.pdfAttachments: Town Council 1 of 214 Meeting Date: March 8, 2010 March 8, 2010Town Council Meeting Agenda 4.2010-133-T Consider and take appropriate action amending Ordinance 2010-05 calling Joint/General/Special Election for May 8, 2010 for the purpose of specifying dates, times, and locations for early voting by personal appearance. Considerar y adoptar medidas apropiadas que modifica la Ordenanza 2010-05 llamando a la elección en Conjunto/ General/ Elección Especial el 8 de Mayo, 2010 con el propósito de especificar fechas, horas y ubicaciones para la votación anticipada en persona. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Ord. 2010-05-A Calling May 8, 2010 Election_English-with Exhibits.pdfAttachments: PROCLAMATIONS 5.2010-108-T Consider and take appropriate action regarding a Proclamation proclaiming March 14 - 20, 2010 as Poison Prevention Week. Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Info for Poison Prevention Week.pdf Proc. 2010-02 48th Annual Observance of Poison Prevention Week.pdf Attachments: 6.2010-109-T Consider and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 8, 2010 Election. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Proc. 2010-03 Fair Campaign.pdfAttachments: PUBLIC HEARING 7.2010-104-T Public Hearing to Consider Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Staff Report - TC 030810.pdf Town Engineer Approval.pdf Application.pdf Newspaper Notice - Fire Station Site Plan.pdf 200-ft Map.pdf Resident - Email in Support.pdf P&Z Minutes - Fire Station.pdf Attachments: Town Council 2 of 214 Meeting Date: March 8, 2010 March 8, 2010Town Council Meeting Agenda REGULAR SESSION 8.2010-113-T Consider and take appropriate action regarding the Audit and Annual Financial Report dated September 30, 2009. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community 9.2010-139-T Review, consider and take appropriate action regarding the timetable and regarding authorization for the Town's Financial Advisor, Southwest Securities, the Town's Bond Counsel, Vinson & Elkins, and Town officials to proceed with the bond issuance process related to the $5 million Park Improvements. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Timetable_Comp Sale 4-26-10 (2).pdfAttachments: 10.2010-105-T Consider and take appropriate action regarding Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement 11.2010-77-T Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2010. Applicant: Dianne Rabbe, President, and Kathy Carlton, Garage Sale Chair, on behalf of Trophy Club Women's Club. Goal #1: Safe and secure community. Increase positive visibility through community policing initiatives Increase citizen involvement Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity 2010 Garage Sale Request - TC 030810.pdf Application.pdf Attachments: Town Council 3 of 214 Meeting Date: March 8, 2010 March 8, 2010Town Council Meeting Agenda 12.2010-129-T Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget in accordance with the Town Charter (Budget Amendment No. 2) making a supplemental appropriation for the purchase of land for a water tower, the repair and resurfacing of the small Trophy Club pool, and the use of beautification funds; and providing an effective date. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing 12_NISD Real Estate K land elevated water storage site Medlin Middle School(SIGNED).pdf Ord. 2010- Amending FY 2009-10 Budget-Miscellaneous.pdf Attachments: 13.2010-140-T Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 3) making appropriations for the cost of the November, 2009 park bond election and for costs associated with the expansion of the parking lot at Harmony Park. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Ord. 2010- Amending FY 2009-10 Budget-Parks and Election.pdfAttachments: 14.2010-138-T Consider and provide input regarding Freedom Park amenity options, establishing a construction schedule, and funding options. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle 2010-03-01 Cost Opinion-Option A.pdf OPTION A.pdf 2010-03-01 Cost Opinion-Option B.pdf OPTION B.pdf 2010-03-01 Cost Opinion-Option C.pdf OPTION C.pdf Attachments: 15.2010-128-T Consider and take appropriate regarding the award/rejection of bids for the Spray Pad, apparent low bidder Ridgemont Company, in an amount not to exceed $1,198,712 and authorizing Town Manager Emmons or his designee to execute all necessary documents. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle TNP_Splashpark.pdf Trophy Club Splash Park - Record of Bidders.pdf Attachments: Town Council 4 of 214 Meeting Date: March 8, 2010 March 8, 2010Town Council Meeting Agenda 16.2010-93-T Consider and take appropriate action regarding the purchase of a 2011 Ford F250 XL Super Crew Truck for the Parks department, and authorizing the Mayor or her designee to execute necessary documents. Goal #4: Picturesque Town Goal #5: A community in which the infrastructure supports its residents Truck Quote.pdfAttachments: 17.2010-134-T Consider and take appropriate action regarding the SEMO report and/or the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Memo2Council-Option2022610.pdfAttachments: 18.2010-112-T Consider and take appropriate action scheduling quarterly Special/Joint Sessions with Trophy Club MUD 1 as discussed on February 6, 2010. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity 19.2010-111-T Consider and take appropriate action regarding Citizen Contact Report for 2009. (Racial Profile Report) Goal #1: Safe and secure community. Maintain Trophy Club’s Low crime rate Increase positive visibility through community policing initiatives Provide superior Emergency Services Increase citizen involvement 2009 Citizen Contact Report.pdfAttachments: 20.2010-131-T Town Manager Emmons to provide an update on Bobcat Blvd; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Bobcat Blvd.pdfAttachments: 21.2010-137-T Consider and take appropriate action appointing a member of Council to serve as a liaison to TCMUD No. 1; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity 22.2010-116-T Receive a progress report from Council Member Rose regarding the February 16, 2010 TCMUD1 Meeting; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 5 of 214 Meeting Date: March 8, 2010 March 8, 2010Town Council Meeting Agenda 23.2010-115-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community 24.2010-117-T Items for future Agendas. Items for Future Agendas.pdfAttachments: ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Notice is hereby given that a quorum of the Park Board may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, March 4, 2010 by 7:00 P.M. in accordance with Chapter 551, Texas Government Code. _____________________________________________ Lisa Hennek, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Town Council 6 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-12-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/5/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding the Minutes dated January 4, 2010. Attachments:January 4, 2010 Minutes.pdf Action ByDate Action ResultVer. Town Council 7 of 214 Meeting Date: March 8, 2010 12010-12-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated January 4, 2010. ...Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 8 of 214 Meeting Date: March 8, 2010 1 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 4, 2010 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 4, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Susan Edstrom Council Member Philip Sterling Council Member Kathleen Wilson Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Kathy DuBose Finance Director Carolyn Huggins Planning and Zoning Manager Mayor White announced the date of January 4, 2010, called to order and announced a quorum at 7:02 p.m. Invocation offered by Council member Sterling. Pledges led by Council member Rose. PRESENTATION 1. 09-544-T Presentation from Allied Waste regarding upcoming Contract renewal, and discussion of the same. Jeri Harwell, Business Development Manager for Municipal Services with Allied Waste gave a brief presentation. Ms. Harwell introduced General Manager, Tim Powel, and Recycle Bank’s Manager Judy Kennedy. Ms. Kennedy stated that the Town has only a 10% conversion rate on recycling. Kennedy gave a brief presentation regarding the recycle bank program explaining how it would be tailored to Trophy Club. Kennedy explained that as people start earning rewards, their utilization will increase, the bin will overflow and therefore make the cart necessary. Town Council 9 of 214 Meeting Date: March 8, 2010 2 Ms. Harwell provided the following proposed rates for the upcoming Contract renewal: Proposed Rate – Current Level of Service Trash (2 times per week) $11.37 and Recycle (1 time per week with the current blue recycle bins) $2.37, total per month $13.73 Proposed Rate – With Recycle Bank Trash (2 times per week) $11.15 and Recycle (every other week with the 95 gallon carts) $4.46, total per month $15.61 Town Managers Emmons said the carts are equipped with a radio frequency to monitor the community based program. Rewards are not given on individual household participation but rather on the participation of the entire community and allocated across all participants. The current Solid Waste franchise fee is 8%. Town Manager Emmons agreed to reduce this to 6% to minimize the impact, of rate increases to customers. Mayor White supports the recycling carts yet is concerned about the once every other week pickup. Council member Sterling likes Recycle Bank because of the incentives and is interested in seeing more examples of the incentives. Sterling shared Mayor White’s concern with the every other week recycle pick up. Ms. Kennedy said that there are over 2,200 rewards programs; Kraft, Kimberly Clark (diapers), gift cards for grocery products, Coke products, Minute Maid juices, CVS and Target. Ms. Kennedy stated that Recycle Bank will seek out the local businesses to participate in the rewards program. Council member Wilson confirmed that the schools are applicable beneficiaries for the donation program. Council member Edstrom verified that there is no cost associated to the retailer for their participation in the reward program. Edstrom, not a fan of the 96 gallon carts, asked if the Town can participate with a smaller bin. Ms. Harwell when considering the diversion rate of 10%, the bins are not working. Approximately only 300 of 2,200 households responded to the survey and 86% are in favor of the bin. Harwell said that smaller carts could be offered. Council member Wilson is not a proponent of raising taxes, however this one is more fluid. Wilson likes this idea and feels this is an easy sell. Council member Rose likes the concept. The Council asked Allied to bring back three different options 1. Current level of service 2. 64 gallon recycle bin - picking up every week 3. 95 gallon recycle bin - picking up every other week Town Manager stated he would like to have all addendum ready for Council’s consideration at the next meeting as it takes 90 days to roll out for the new billing cycle which starts in May. CITIZEN PRESENTATIONS No citizens addressed the Council. CONSENT AGENDA Town Council 10 of 214 Meeting Date: March 8, 2010 3 2. 09-460-T Consider and take appropriate action regarding the Minutes dated November 18 and 22, 2009. (Council Retreat) 3. 09-542-T Consider and take appropriate action regarding the Minutes dated December 7, 2009. 4. 09-543-T Consider and take appropriate action authorizing the expenditure from GASB/34 for a replacement printer and server and authorizing Town Manager Emmons or his designee to execute necessary documents. Motion made by Edstrom seconded by Rose to approve the Consent Agenda, Items 2 - 4. Motion passed unanimously without any discussion. Public Hearing opened at 8:45 p.m. PUBLIC HEARING 5. 09-506-T Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses. Applicant: Centurion Acquisitions, L.P. (PD AMD-09-030) No citizens addressed the Council. Public Hearing closed at 8:45 p.m. REGULAR SESSION 6. 09-507-T Consider and take appropriate action regarding a request from Centurion Acquisitions, L.P. to amend Planned Development No. 27, Ordinance No. 2007-15 P&Z, Exhibit B "Development Standards", Section V "Neighborhood Regulations", Subsection J "Village Center", Item 1 "Permitted Uses". (PD-AMD-09-030) David Keener, representing Centurion was present. Planning and Zoning Chairman, Gene Hill stated that on December 3, 2009 the Planning and Zoning Commission conducted a Public Hearing and Regular Session to consider the amendment to PD-27 that is before Council tonight. The proposed amendment requested by Centurion Development would allow restaurants on Village Center Tracts 1 & 2 to have drive- through facilities. An amendment to Planned Development ordinances requires Town Council consideration for approval of the request. Staff recommends approval of this request as development of commercial property in Trophy Club is needed to increase sales tax revenue and a permitted use of “drive-in/through restaurants” for these two tracts will help the applicant market the tracts. The applicant’s request to add drive-in/through restaurant uses to Village Center should not cause detrimental impact to the traffic conditions along Bobcat Blvd. and Trophy Club Drive since these roads have already been improved to handle retail uses in Village Center. Staff review has determined that there is adequate room for an in/out driveway along Parkview and at least right- in/right-out driveways along Bobcat; however, actual access determination cannot be made until formal site plan review. Town Council 11 of 214 Meeting Date: March 8, 2010 4 Council member Sterling questioned the Planning and Zoning opposition. Chairman Hill said that the opposition went beyond zoning and was not germane to the zoning. Motion made by Edstrom, seconded by Wilson to approve a request from Centurion Acquisitions, L.P. to amend Planned Development No. 27, Ordinance No. 2007-15 P&Z, Exhibit B "Development Standards", Section V "Neighborhood Regulations", Subsection J "Village Center", Item 1 "Permitted Uses". (PD-AMD-09-030) Council member Rose questioned how this request would change the PID. Town Attorney Adams and Town Manager Emmons responded that this request need not be confused with the PID and the Planned Development document. Town Attorney Adams advised the Town Council that this item was posted for discussion on permitted uses. Mayor Pro Tem Strother confirmed that the Council can still modify the PID if Council desires. Town Manager Emmons clarified that the request is for a Special Uses Permit (SUP) on only drive through restaurants. Town Attorney Adams said that Council needs to be comfortable with the site plan. Planning and Zoning Manager Carolyn Huggins stated that the current site plan requirements are restrictive and will address some of Council’s concerns. The Council asked for architectural guidelines specifically for restaurants. Motion made by Edstrom, seconded by Strother to table this item until a date certain, first meeting in February. Motion passed unanimously without further discussion. 7. 09-462-T Consider and take appropriate action regarding the potential addition of alternative options to Chapter 3 of the Code of Ordinances entitled “Buildings and Construction” of Article XV, entitled “Swimming Pools” to amend section 15.04 (i) “Draining of Swimming Pools” relative to Diatomaceous Earth. Town Manager Emmons provided that in August 2008 the Town Council amended the Town’s swimming pool drainage ordinance to better protect the waters into which these pools ultimately drain. Previously, the requirements of the ordinance were only applicable to pools built after June 1, 2005. The amendment made the backwash and drainage requirements applicable to all pools starting on June 15, 2010. In order to comply with the new requirements, some pool owners may need to re-route their drain/discharge lines into the sanitary sewer. In some cases, compliance can be achieved by simply draining/discharging into flower beds or a portion of the lawn. And in other instances, a modification of the filtration unit may be required to eliminate the discharge of Diatomaceous Earth (DE) from the filters. There are several new inexpensive measures that can be taken to achieve compliance with the new rules. These are just a few of the many options available to pool owners and Staff wants to offer their assistance in helping residents make the best decision for their pool. Staff included an article in the January Newsletter reminding the residents about the amendment made in August regarding the backwash and drainage requirements applicable to all pools starting on June 15, 2010. The Council discussed the inconsistency of the permit application included as part of Article XV of the Code of Ordinances. Town Council 12 of 214 Meeting Date: March 8, 2010 5 Motion made by Strother, seconded by Edstrom to amend certain sections of the Compliance Permit. Town Manager Emmons and Town Attorney Adams requested that Staff bring back the revisions at a subsequent meeting. The mover withdrew his motion and the second agreed. 8. 09-537-T Consider and take appropriate action regarding financial and variance report dated: a. November The November 2009 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Management recommends approval. Motion made by Edstrom, seconded by Wilson to approve the financial and variance report dated November. Motion passed unanimously without any discussion. Mayor White moved up Item 15. 09-540-T Receive a progress report from Council Member Wilson regarding the December 15, 2009 TCMUD1 Meeting; discussion of same. 15. 09-540-T Receive a progress report from Council Member Wilson regarding the December 15, 2009 TCMUD1 Meeting; discussion of same. Council Member Wilson reported on the following from the December 15, 2009 TCMUD1 Meeting. 1. MUD Board discussion regarding a joint workshop with Council. 2. SEMO discussion regarding joint employees. Direct request to Council for discussion/commitment regarding surplus employee issue resolution. 3. Discussion of ethics complaint. Mayor White said that TCMUD1 is moving forward with the proposal to separate the employees. White stated the importance of both the Council and TCMUD1 working together in order to understand the impact and implications. 9. 09-545-T Consider and take appropriate action regarding setting a date to hold a Joint Session with Trophy Club MUD 1. Mayor White mentioned that Council also needs to consider Item #10 Council Retreat to establish goals and objectives for FY 2010-11 when reviewing their calendars. Mayor Pro Tem Strother suggested the Council and TCMUD1 meet off-site, away from Town Hall in order to create a more comfortable environment. Mayor White suggested a facilitator/mediator as well. Council suggested 9:00 a.m. on Saturday, February 6th with the consideration of holding the Open Meeting off-site. Town Council 13 of 214 Meeting Date: March 8, 2010 6 10. 09-546-T Consider and take appropriate action regarding setting a date for a Council Retreat to establish goals and objectives for FY 2010-11. The Town of Trophy Club Charter requires in Section 9.05 (a), that the "Town Council shall provide to the Town Manager goals and objectives for the next fiscal period, by the end of January of the current fiscal year." The Town Council has previously conducted two planning sessions this fiscal year, but these sessions did not concentrate on the goals and objectives of the Town from a budgetary perspective. The Council will need to either be prepared to establish these goals and objectives during the next regularly scheduled meeting, or will need to schedule a separate meeting to establish the upcoming fiscal year's goals and objectives. Since compliance with this section of the Charter may take a considerable amount of time, Management recommends that the Town Council call a special meeting before the end of January Council discussed their schedules and agreed to the meet prior to Council’s Regular Session on January 18, 2010 at 5:00 and also hold a second session on January 21, 2010, starting at 5 P.M. 11. 09-533-T Town Manager Emmons to provide a report regarding the sound barrier issues on the east side and conversations with TXDOT; and discussion of same. Town Manager Emmons said that both requests to TXDOT have been denied. The Town has submitted a third request and is currently waiting for TXDOT’s response. Emmons does not expect a response before June or July as that is the scheduled completion date for the Highway 114 changes. No action, update and discussion only. 12. 09-535-T Town Manager Emmons to provide a report regarding the results of the Customer Service Satisfaction Survey; and discussion of same. In September 2009 the Town sent out a brief Customer Satisfaction Survey with the utility bills. The Survey allowed our residents to provide valuable feedback to help improve our services. There were 335 surveys returned of the approximately 2,800 sent out (12%). Based on the information received from the surveys, there are several areas in which we can improve. However, it appears that a majority of the residents are pleased with the level of service provided by the Town. Several categories such as Public Safety and Street Maintenance had approval ratings in high 80s. And when examining all the general categories, they all had an approval rating of at least 72%. Council would like to see an action plan for areas of improvement. No action, update and discussion only. 13. 09-536-T Town Manager Emmons to provide a report regarding the finances and administrative activities of the Town as of the end of fiscal year 08-09 as required by subsection "f" of Town Charter Section 4.05 entitled "Powers and Duties" of Article IV entitled "Administrative Services"; discussion of same. Section 4.05 (f) of the Town Charter provides that the Town Manager shall be required to: Town Council 14 of 214 Meeting Date: March 8, 2010 7 (f) Submit to the Town Council and make available to the public, by end of December, a complete report on the finances and administrative activities of the Town as of the end of each fiscal year, including outcomes and performance related to that fiscal year's goals and provide Cost of Service delivery comparisons for a representative sample of North Texas towns. This report was provided to the Council by year end and posted the Town’s website. The report was presented in three sections: Section 1, “Measurables”, highlights the Town’s accomplishments during fiscal year 2008/09. Section 2, “Comparative Analysis”, provides a look at our budget using a regional perspective. And, Section 3, “Financial Data”, presents various financial reports such as the unaudited year end budget report, the year end balance sheet, and the year end variance report. No action, update and discussion only. 14. 09-541-T Items for future Agendas. No items added. 16. 09-539-T Mayor and Council Update regarding training opportunities, educational sessions, and regional meetings. Mayor Pro Tem Strother provided an update regarding the I35 Coalition meeting. Mayor White provided updates on her attendance at the following meetings and events: Retirement reception for Bill Walker G-610 Class Byron Nelson High School Community Luncheon Denton Precinct 4 Meeting ADJOURN Motion to adjourn made by Sterling, seconded by Rose. Meeting Adjourned at 11.20 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 15 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-52-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/25/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding the Minutes dated January 25, 2010. Attachments:January 25, 2010 Minutes(Joint Session-TCMUD1).pdf Action ByDate Action ResultVer. Town Council 16 of 214 Meeting Date: March 8, 2010 12010-52-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated January 25, 2010. ...Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 17 of 214 Meeting Date: March 8, 2010 MINUTES OF A TOWN COUNCIL SPECIAL JOINT SESSION WITH TCMUD NO. 1 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 MONDAY, JANUARY 25, 2010 AT 7:00 PM SVORE MUNICIPAL BUILDING BOARDROOM STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Special Joint Session with TCMUD No. 1 on Monday, January 25, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Philip Sterling Council Member Kathleen Wilson Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member TCMUD NO. 1 MEMBERS PRESENT: Dean Henry Joint President James Budarf Joint President Gary Cantrell Joint Vice President Kevin Carr Joint Vice President Jim Hase Secretary/Treasurer James Thomas Secretary/Treasurer Neil Twomey Director Bob Fair Director Steven Kohs Director Bob West MUD Attorney Pam Liston MUD Attorney TCMUD NO. 1 MEMBERS ABSENT: Joseph Boclair Director STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Danny Thomas Fire Chief Scott Kniffen Police Chief 1 Town Council 18 of 214 Meeting Date: March 8, 2010 Carolyn Huggins Planning and Zoning Manager Robert Scott TCMUD No. 1 District Manager Mary Moore TCMUD No. 1 Secretary Mayor White announced the date of January 25, 2010, called to order and announced a quorum at 5:00 p.m. JOINT SESSION WITH TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1 1. 2010-47-T Receive report from the SEMO (Shared Employees MUD Organization) Committee, Town Manager to provide information regarding Services Providers, discussion regarding the same. Director Hase indicated that the SEMO Committee was created in order to determine better efficiency operations. Director Hase presented the SEMO Committee Report consisting of four scenarios: Scenario No. 1 - Present Day 50/50 Split (Shared Service Providers) Scenario No. 2 - Bid by Town Scenario No. 3 - Bid by CPA Firm Scenario No. 4 - All MUD Personnel Services In-house Director Hase stated that there would be a one time fee of $87,159 to move the Shared Service Providers from their current retirement program with Texas Municipal Retirement System to Texas County District Retirement System. The fee is necessary in order not to affect the current earnings of the employees with less than five years of service. Mayor White commented that the past May Election was a very tumultuous election and she had hoped that the SEMO Committee would have included members of the Town. White stated that the MUD has also vowed support of the Town and creating organizational efficiencies. Mayor White gave a presentation regarding the Impact of the SEMO Committee Options on the Residents of Trophy Club.  How do we deal with remaining shared employees?  Hiring for vacancies  Processing payroll  Administrative Support  Training  Which Departments will remain shared?  IT  Fire/EMS The Police and Fire Administrative Assistant currently serves as Secretary for Denton County Fire Chief’s Association as Chief Thomas is the Chair. 2 Town Council 19 of 214 Meeting Date: March 8, 2010 Mayor White asked the Board to consider the Financial Impact on the Residents:  Shifts employee compensation from water revenue to tax base  One time start-up cost – $10k (software)  Other costs – $87k (retirement buy-in)  Productivity loss Mayor White explained the Current Financial Process – Basic Town-MUD Split Purchase versus Future Financial Process –Town-MUD Split Purchase - Current Electric Bill Payment Process versus Future Electric Bill Payment Process, showing the complications created if the processes were to be separated. Director Cantrell questioned if the Town has ever looked at outsourcing on the city side in order to be more efficient. Director Budarf questioned why the Mayor and Town Manager did not participate in the SEMO meetings. Mayor White responded that the Town had asked to be involved but the SEMO Committee requested that the Council wait until the SEMO Committee had the opportunity to put together some numbers at which time they would give the Council to opportunity to respond. Director Cantrell questioned if Town Manager Emmons felt that the Water District is a revenue generating system. Mayor White responded that the Water District is a cost sharing District. Town Manager Emmons stated that he has never claimed that the Municipal Utility District was a cost revenue system, only that the cost to run the operation is recouped in the maintenance. Director Thomas stated that the shared employees concept worked well for a long time; however when talking to the employees now, the system is broken. Thomas said that the Board’s intent is to run TCMUD No. 1 as a business and keep the politics out of it. Thomas said that it is hard to run a business when they receive financials three months old. Mayor White explained that the Finance Department has had an extremely tough year and was short staffed for much of the year. During the interview process for a Finance Director, the department had two individuals out on sick leave. White commended the Finance Department and the obscene hours they have worked trying to catch up. White stated that the financials have always been behind during Audit in October and November. Director Hase said that perhaps the Town/MUD is too small to maintain a finance department and that a CPA firm is better equipped to manage the responsibilities even when one person is out. Director Twomey stated that TCMUD No. 1 received push back when they offered to fund a finance position at 100% after the former Finance Director resigned. The CPA firm could produce the financials within seven to ten days after months end. The CPA firm has an obligation to perform regardless of who is out sick. Twomey suggested the Town consider a regional police department. Mayor White responded that a regional police department is a great concept, however it is not always easy to achieve and both sides need to be open to discuss. Town Manager Emmons commended TCMUD No. 1’s theory of running the MUD as a business and saving the residents. Emmons reminded the Board that their business is a public service that has to be provided to the residents and hopes that the business concept still allows quality customer service to the community. Emmons responded to the discussion regarding outsourcing, stating that one employee would still be responsible for the data entry of the 3 Town Council 20 of 214 Meeting Date: March 8, 2010 information needed for the CPA firm. What happens when this employee is out? There is back-up under the current situation and Elected Officials must understand that daily job functions take precedence over certain financial reporting requests when short-staffed. Town Manager Emmons asked the Board to consider a couple of different factors in response to Director Thomas’ claim that the shared employee concept no longer works. First the lack of direction; employees are made to choose loyalties between both entities and there is a constant, prevailing notion that TCMUD No. 1 will cease funding for their position. Emmons stated that the Town has routinely picked up the funding of positions that have been cut by TCMUD No. 1; Building Inspector, Planning and Zoning Manager, Code Enforcement, Deputy Town Secretary/RMO (although still listed as a Shared Service Provider on the SEMO Report.) Emmons questioned who would be responsible to perform the Fire and EMS job functions of the Police and Fire Services Administrative Assistant should TCMUD No. 1 cut funding for her position. Emmons explained that this position currently serves as Secretary for Denton County Fire Chief’s Association as Chief Thomas is the Chair. Director Thomas explained the separation would only impact ten of the twelve shared employees as it does not make sense to separate the IT Department. Thomas suggested possibly cross-training the remaining fifty-three employees. Mayor White clarified that approximately thirty of the fifty-three employees Thomas referred to are summer (part-time) employees. Director Thomas offered for one of the 100% MUD funded employees to help out with the 50% portion/job functions that would be cut with Police and Fire Administrative Assistant and suggested that the Town then find something else for that person to do. Director Carr said that it does not make economical sense to have two different network servers. TCMUD No. 1 gets very little bang for the buck for the Town Secretary and Human Resources Department and TCMUD No. 1 now has their own MUD Secretary. Carr stated that TCMUD No. 1 is obligated to the tax payers to run an efficient operation, even if it means separating in order to create a savings to the tax payer. Mayor White reminded the group again that the Board has always been committed to supporting and working together with the Town for the sake of the community. Director Budarf questioned Mayor White about the Park Director 50/50 funding as listed in the SEMO report. Mayor White explained the reference is inaccurate, the Parks Director is funded 100% by the Town and the Town did not produce the SEMO report. Director Budarf reminded all of the Elected Officials to consider the residents’ tax when deciding what option is best. Director Cantrell stated that the consolidation of MUD No.1 and No. 2 has reduced the financial impact and should for the Town as well. Mayor White agreed that there may be inefficiencies from too many systems and that the Council will be looking at positions, however splitting is only transferring cost from one hand to another. Director Thomas said that the SEMO Committee’s intent was to start the separation process now, with an October 1, 2010 effective date; this way the employees will not have to continue worrying about whether their positions will be funded or not. Thomas questioned what the Town would do about the funding for the folks no longer funded by TCMUD No. 1. Town Manager Emmons said historically, the Town has always picked up the 50% no longer funded by the MUD. 4 Town Council 21 of 214 Meeting Date: March 8, 2010 Town Manager Emmons requested Council’s permission for the Town to offer TCMUD NO. 1 an Employment Contract Services Agreement. Mayor White completed her presentation with an explanation of the tax impact and insurance savings. Town Manager Emmons stated that the Town’s Insurance Broker advised that coverage currently provided to the Town for all employees (100% Town funded, 100% MUD funded, and the 50/50% funded) would not be possible if the Town and TCMUD No. 1 separate into two different entities. Currently the policy is for coverage of Town employees as provided in the Intergovernmental Contract for Employee Services. Should the separation occur, and employees with family coverage and the same benefits currently provided can expect an increase of approximately $1,000 per month. Mayor White agreed that the system is broken, but would like an opportunity to work together with TCMUD NO. 1, before the decision to tear it apart is concluded. White stated that based on the numbers the Town was provided, the split would cost the residents a total $304,500. Mayor White asked TCMUD NO. 1 to work with the Council to come up with the best options. Council member Sterling said that while everyone is totally emerged in the Town versus the MUD, the bottom line is the total savings and aggregate affects on the entire community as a whole. Director Hase said when asked what job functions he performed for TCMUD No. 1 were; the Permit Clerk’s response was “Practically nothing, Utility Billing does the majority of his work.” Council member Sterling commented that even if TCMUD NO. 1 decides not to fund the Permit Clerk, the residents will still pay for it, as the Town (Town and TCMUD No. 1) need this position. Director Budarf said the bottom line is that the staff is under two different governances. The SEMO Committee streamlined all of the MUD functions in order to save money. Mayor Pro Tem Strother and Council member Sterling agreed that the MUD will only be shifting the payment to the Town as ultimately the MUD savings will result in an increase to the Town’s side. Director Budarf told the Council to consider the money the Town is receiving from the PID. Town Manager Emmons and Mayor White explained that TCMUD No. 1 is going to receive monies from the PID as well. Director Twomey stated as its own entity, is it cheaper for the owners of TCMUD No. 1 to outsource. Twomey said that the SEMO letter was dated in November and that the Town should have become involved sooner and sent out their presentation earlier. Mayor White replied that the Town only just received the SEMO report late Friday night. Director Twomey said that the Town’s response to the SEMO report is slanted. Town Manager Emmons said that he keeps hearing from TCMUD NO. 1 that separating and outsourcing is the cheapest and less expensive option. Emmons asked the Board to consider if the less expensive option is really the best option for the residents. For example, the Town has researched outsourcing the Police Department, however based on the service needs of our residents; this was not the best option for the Trophy Club Community. While true that TCMUD No. 1 is not getting a true 50% from the Permit Clerk, the Town is not charging TCMUD No. 1 for the support services performed by the Building/Plumbing Inspector, whose job is to ensure 5 Town Council 22 of 214 Meeting Date: March 8, 2010 that adequate plumbing ties into the TCMUD No. 1 infrastructure. The permit fee is cost neutral. When it comes to City Services lowest cost will frequently not meet the needs of the residents. Council member Rose said that it is difficult to know where to start and that this is a real attention getter. Rose stated that the Finance Department has been operating the general ledger by pencil and paper due to very old systems and also addressing MUD finance errors dating back to 2002. Rose surveyed forty-three cities and the Town’s Finance Department, by comparison is seriously under staffed. Only one out of forty-one cities outsource their finance department which would suggest that outsourcing is not the best idea. Rose questioned if the SEMO Report, Chart #1, actually compared apples to apples. The Town quoted a price for financial services with sixty-eight points. The CPA Firm only quoted for sixteen points. Rose is in favor of the Town providing a cost for services agreement. Director Hase said that he is driven in regard to the shared employees based on the unpleasant work environment that has been created. Hase stated that TCMUD No. 1 will have more control with outsourcing than what they currently have with the Town. Mayor Pro Tem Strother agreed with Director Hase about the work environment and realizes the added stress, yet feels that there are better solutions than breaking the whole process apart. Strother commended the research gathered by the SEMO. Strother said it is disappointing when the debate is consistently us versus them and everyone should be looking at this as a unit of one and focus on the common goals. If TCMUD No.1 totally outsources, a position is still going to be needed to perform the data entry and provide information. Strother believes that there is still a lot more progress to be made and reminded TCMUD No. 1, if you take away from one, you still have to pay for it one way or the other. There will be an added cost to the residents however you split it. Council member Sterling stated that outsourcing has been considered, however quality control, continuity and promptness of service quality were big factors in keeping positions in-house. Town Manager Emmons said this is about serving our community and our staff. Employees get tired of having their position threatened every year because one entity can find someone or something cheaper. During the budgeting process last year, Council looked at outsourcing the Inspection Department. Estimated cost to outsource was $183,000, as opposed to $90,000 in- house; a huge savings to the Town. Outsourcing the Street Department was also considered, however when evaluating the repairs alone, there was a cost savings to keep in-house, not even including the additional services received, like sanding the roads in bad weather and keeping the storm drains clear. The Community will not receive these services with out- sourcing and there is a cost associated with superior service to the residents. Emmons said that he could find cheaper means to perform services, however not at the risk of quality services to the residents. Council member Wilson stated that she felt there were some disingenuous comments being made. Wilson does not get this sense when she delivers her TCMUD No. 1 Liaison report to the Council. Wilson has not received any reception in past budget workshops when she has suggested certain employees/positions be evaluated as the Town is managed by a Manager/Council form of government and the Town Manager gets to make these decisions. Wilson sits on both sides, realizing TCMUD No. 1 is not getting the value of some employees, yet the Town wants TCMUD No. 1’s 50% contribution. Wilson stated the Council snipes about TCMUD No. 1 yet wants the MUDs to entrust their business with the Town. Wilson believes that there is so much aggregate BS at the top; however we are not talking about the top but why 6 Town Council 23 of 214 Meeting Date: March 8, 2010 TCMUD No. 1 is paying 50% of services they are not getting. On January 4th Wilson offered to provide the SEMO report to the Council, yet no one on the Council requested a copy. 2. 2010-48-T Set Next Joint Meeting Date for Saturday, February 6, 2010, 9:00 a.m. - 12:00 p.m. and select the venue. Mayor White proposed that the Council and TCMUD No. 1 meet again on Saturday, February 6, 2010 to continue discussing. Joint President Budarf is in favor of the meeting. Joint President Henry is in favor of this meeting. Director Cantrell is in favor of this meeting. Director Carr is in favor of the meeting, providing the Town come with a mindset and solutions to fix the problems. Director Twomey said that consideration to the financial side of the community and the atmosphere to the employees need to be given. Twomey remarked that Council member Rose has been on the Council since May, yet suddenly the Council needs to look at TCMUD No. 1 and the impact it may have on the Town. The TCMUD No. 1 may be the bad guys but are the bad guys the residents’ taxes. Twomey is in favor of the meeting, providing the Town come with honest information. Director Fair is in favor of the joint meeting. Director Thomas requested Town Manager Emmons and District Manager Scott work together to provide the numbers should the TCMUD No. 1 take over EMS. Thomas suggested limiting the staff to the two managers. Director Cantrell is in favor of joint meeting. Director Kohs is in favor of the joint meeting. Noaction taken, Mayor White adjourned the Joint Session at 9:42 p.m. Council to reconvene to Public Services Conference Room Mayor White called the Special Session to order at 9:50 p.m. TOWN COUNCIL SPECIAL SESSION 3. 2010-49 T Consider and take appropriate action adopting goals and objectives for FY 2010-11. Council member Rose revised the Goals and Objectives created by the Council, to nclude his legacy goals as groupings for the Goals and Objectives. Council members Wilson and Sterling liked Council member Rose’s revisions. Motion made by Sterling, seconded by Wilson to adopt the goals and objectives for FY 2010-11, and requested Staff to reformat. 7 Town Council 24 of 214 Meeting Date: March 8, 2010 8 Council member Wilson thanked Finance Director Kathy DuBose for her help keeping the Council on track at the previous workshop sessions. ADJOURN Motion to adjourn made by Strother, seconded by Wilson. Meeting adjourned at 10:05 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 25 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-91-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/4/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding the Minutes dated February 1, 2010. Attachments:February 1, 2010 Minutes.pdf Action ByDate Action ResultVer. Town Council 26 of 214 Meeting Date: March 8, 2010 12010-91-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated February 1, 2010. ...Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 27 of 214 Meeting Date: March 8, 2010 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 1, 2010 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 1, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Susan Edstrom Council Member Philip Sterling Council Member Kathleen Wilson Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Kathy DuBose Finance Director Carolyn Huggins Planning and Zoning Manager Mayor White announced the date of February 1, 2010, called to order and announced a quorum at 7:00 p.m. Invocation was offered by Council member Sterling Pledges were led by Council member Wilson. CITIZEN PRESENTATIONS: Bonnie Seraphine, 14 Skyline Drive – Addressed the Council about the flooding and erosion on her property. Mayor White asked Staff to research this issue and provide their findings to Council. Staff will notify Ms. Seraphine when this item will be brought back to Council. John Dumbleton, 112 Park Lane – Asked the Council to consider amending the Overnight Parking Ordinance. Mr. Dumbleton lives on a very narrow street and cars permitted to park on the street sometimes block him from entering and exiting his driveway. Staff will review the Ordinance and determine if Council should consider an amendment to the Ordinance. 1 Town Council 28 of 214 Meeting Date: March 8, 2010 CONSENT AGENDA 1. 2010-37-T Consider and take appropriate action regarding the Minutes dated January 18, 2010. 2. 2010-50-T Consider and take appropriate action regarding the Minutes dated January 21, 2010. Motion made by Edstrom, seconded by Sterling to approve the Consent Agenda, Items 1 - 2. Council member Rose commended Deputy Town Secretary Shannon DePrater for her work on the Goals and Objectives presentation. Motion passed unanimously without any discussion. REGULAR SESSION 3. 2010-57-T Presentation of the first quarter report for 2009-2010 fiscal year through December 2009 and discussion of same. Finance Director Kathy DuBose provided an update of the first quarter report for 2009-2010 fiscal year through December 2009. Town Manager stated that 54 Building Permits have been issued to date compared to 41 from last year. The presentation will be on the website under the Resident Info/Presentations tab. 4. 2010-39-T Consider and take appropriate action nominating members to serve on the Citizen of the Year Committee. A. Each Council Member and the Mayor to select one nominee to serve on the Committee. The Volunteer Citizen of the Year Committee is scheduled to make a recommendation to the Town Council at their second meeting in March. The Committee will be comprised of one nominee from each Council Member and the Mayor, as well as past Volunteer Citizen of the Year recipients who are able to participate. Any member of the Selection Committee sharing a close, personal relationship with a nominee (such as a relative, etc.) should recuse themselves from the Committee. Mayor White explained that the Citizen of the Year information was advertised quite extensively as it was posted to the Marquees the entire month of January, included to News and Information Listservs sent on December 4, 11, 18, 23, 30 and the January 8, 15 and 22, published in the December 2009 and January 2010 Newsletters and published in the Trophy Club Times on December 30, 2009. Staff has received a total of five nominations. Three nominations received in the adult category and one youth was nominated twice. Mayor White nominated Margi Cantrell. Mayor Pro Tem Strother deferred his nomination to staff. Council member Rose nominated Penny Fuess. Council member Wilson stated that she tried to secure someone to serve but was unsuccessful. Council member Edstrom nominated Nancy Payton. Council member Sterling nominated Rob Schmitz and Doug Adkins. 2 Town Council 29 of 214 Meeting Date: March 8, 2010 Mayor White moved Item 5 under Item 9. 6. 2010-56-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, Authorizing the Issuance and Sale of Town of Trophy Club, Texas, Tax Notes, Series 2010, in the Aggregate Principal Amount of $560,000; Approving a Note Purchase Agreement and Engagement Letter; Levying a Tax in Payment thereof; Prescribing the Form of Said Notes; and Enacting other Provisions Relating to the Subject. Town Manager Emmons introduced Dan Almon from Southwest Securities and Bond Counsel, Julie Partain from Vinson & Elkins LLP. Mayor White stated in order to identify the most favorable financing method, the Town’s Financial Advisor Dan Almon, with Southwest Securities, compared the costs associated with borrowing from a financial institution to that of issuing tax notes. Once proposals from financial institutions, including our local depository First Financial Bank, were reviewed, they were compared to the costs of issuing tax notes. Financing the purchases with tax notes yielded a savings of approximately $17,000. Dan Almon spoke to the potential savings of approximately several thousand dollars stating that the risk is on the lender not the borrower. Motion made by Edstrom, seconded by Rose to approve an Ordinance of the Town of Trophy Club, Texas, Authorizing the Issuance and Sale of Town of Trophy Club, Texas, Tax Notes, Series 2010, in the Aggregate Principal Amount of $560,000; Approving a Note Purchase Agreement and Engagement Letter; Levying a Tax in Payment thereof; Prescribing the Form of Said Notes; and Enacting other Provisions Relating to the Subject. Council member Rose questioned the blank page of the document referred to “Annex A, Schedule of Fees for Service as Paying Agent/Registrar”. Julie Pertain said that she could delete ‘”Annex A” from the Ordinance. Council member Rose amended the motion removing “Annex A, Schedule of Fees for Service as Paying Agent/Registrar,” the mover had no objections. Motion passed unanimously without any discussion. 7. 09-506-T Consider and take appropriate action regarding an Amendment to PD- Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses, and to discuss and consider adding Restaurant Design Guidelines to PD-27. Applicant: Centurion Acquisitions, L.P. (PD AMD-09-030) David Keener, representing Centurion was present. At Council’s request and for Council’s consideration standards are proposed in the attached “Restaurant Design Guidelines – Village Center” for any restaurants that might be brought forward for development in Village Center. If Council wishes to adopt these guidelines, staff proposes adding the guidelines to the PD-27 Village Center standards. These standards are in addition to the Architectural and Site Design Standards required in PD-27, as well as the Town of Trophy Club design requirements. The Planning and Zoning Commission approved this request, 6-1, on Thursday, December 3, 2009. 3 Town Council 30 of 214 Meeting Date: March 8, 2010 Motion made by Rose, seconded by Edstrom to approve an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" - Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses, and to discuss and consider adding Restaurant Design Guidelines to PD-27. Applicant: Centurion Acquisitions, L.P. (PD AMD-09- 030) Council member Rose is favorably impressed with the work that has come forth from the Planning and Zoning Commission on this item. Mayor White agreed that the document on Restaurant Design was well documented. Mayor Pro Tem Strother stated that although this amendment eases the restrictions a little bit, Council should recognize that the strict architectural standards could discourage prospective buyers/tenants/restaurants. Motion passed unanimously without further discussion. 8. 2010-17-T Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools" by amending Section 15.02, entitled "Applicability and Prohibited Conduct"; providing for a penalty not to exceed two thousand dollars a day for a violation of the Ordinance; and providing an effective date. Mayor White explained that the Council requested that this Ordinance be amended at the January 4, 2010 meeting. The amendment is included in the backup. The permit application which was included in the previous Council packet is not part of Article XV of the Code of Ordinances; therefore, it has been revised administratively so that it is consistent with the new amendment. The FAQ's have also been updated. Ryan Chitwood, 10 Overhill Drive – Commended Council for the amendments made to this Ordinance in August 2008. Chitwood encouraged the Council to consider the Storm Water Management Plan before making any other amendments. Council member Rose reviewed the Ordinance and found internal conflicts, misplaced paragraphs under incorrect subjects and the application permit lists items specifically cited to the Ordinance, however two of the four items are not included in the Ordinance. Rose is in favor of amending tonight and will bring back a revised Ordinance after he reviews. Town Manager Emmons said that Staff has researched and is still looking at several different options regarding the discharge. A permit is still required if backwash is discharged into the street. The annual review of the Storm Water Management Plan is in August and Staff will address this at that time and will take care of the administrative issues noted by Council member Rose. Motion made by Edstrom, seconded by Rose to approve an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools" by amending Section 15.02, entitled "Applicability and Prohibited Conduct"; providing for a penalty not to exceed two thousand dollars a day for a violation of the Ordinance; and providing an effective date. Town Manager Emmons said that Staff will continue to publicize this information and suggested that Lee Graham from the Trophy Club Times consider an article relating to this subject. Motion passed unanimously without further discussion. 4 Town Council 31 of 214 Meeting Date: March 8, 2010 9. 2010-54-T Consider and take appropriate action regarding the purchase of a Dump Truck (Ford F650 Regular Cab) for the Streets Department, and authorizing the Mayor or her designee to execute necessary documents. Staff recommends the bid for the purchase of a Dump Truck be awarded to Philpott Ford in the amount not to exceed $58,003.26. Philpot is a BuyBoard vendor. Council member Rose was concerned about the bid being $10,000 more than what Council budgeted. Rose conducted his own research by calling the fleet vendor to verify the cost and upgrades. Rose questioned the purchase of a used vehicle from EBAY or Craig’s List as opposed to a new vehicle, considering it would be used to haul concrete. The Procurement Policies require a bid if more than $25,000, however, Council can direct Staff to buy a truck with alternate means. Rose stated that he would like to review and revise the Purchasing policies. Council member Edstrom said that she was disturbed that a Council member would call a vendor without consulting Town Manager Emmons. Edstrom asked Council to consider the potential ramifications of this conduct had this been a closed bid. Edstrom is not comfortable with staff wasting time searching EBAY and Craig’s list and hopes in the future, Council member Rose gives Town Manager Emmons a head’s up before calling a vendor. Council member Edstrom called for the vote. Mayor White clarified that there were no bids as Philpot is a BuyBoard vendor. Council member Edstrom responded that there is appropriate protocol and questioned what would happen if all six Council members started interfering and making calls to vendors. Council member Wilson called point of order and questioned if this form of dialog was necessary. Town Manager Emmons explained that the Council issued debt tonight to pay for the dump truck. Staff is currently working with North Central Texas Council of Government and the Cash for Clunkers Program. Through this program NCTCOG, the Town can secure $10,000 for the old dump truck. Although the Town has been using the truck for over the past three years and making the repairs, the MUD holds the title. Town Manager Emmons asked the Council whether they wanted to purchase the truck as researched by the Staff and as they approved the issuance of debt. Town Manager Emmons asked the Council give Staff the opportunity and authority to buy a new dump truck, not to exceed $58,000. Mayor Pro Tem Strother stated in his experience dealing with equipment you have to consider pros and con when deciding to purchase old or new. What type of repair would be necessary for an older truck and what would the costs be. What types of challenges would occur to an older model should the Legislation change the emission standards which is likely, given the air quality issues. Council member Edstrom called the question. Motion made by Strother, seconded by Edstrom to approve the purchase of a Dump Truck (Ford F650 Regular Cab) for the Streets Department, and authorizing the Mayor or her designee to execute necessary documents. Motion passed unanimously without further discussion. 5. 2010-55-T Consider and take appropriate action regarding the rescheduling of dates for the March, April, and May 2010 Regular Town Council meetings. Mayor Pro Tem Strother will not be able to attend the March 1st meeting. March 15th is Spring Break, and Early Voting is tentatively scheduled to be conducted in the Council Chambers the 5 Town Council 32 of 214 Meeting Date: March 8, 2010 last week of April and first week in May. Therefore Staff suggests moving the meeting in March and April to the second and fourth Monday and having only one meeting in May. Mayor Pro Tem Strother asked if the Council could meet in Regular Session on May 10, 2010 and then call a Special Session on May 17, 2010 in order to Canvass the Election. Council member Edstrom suggested the Council consider waiting until May to determine if a second Council meeting is necessary. Motion made by Edstrom, seconded by Strother to reschedule the Regular Town Council meetings to the following dates: March 8 and 22, 2010. Motion made by Edstrom, seconded by Sterling to reschedule the Regular Town Council meetings to the following dates: April 12 and 26, 2010. Motion made by Edstrom, seconded by White to cancel the May 3, 2010 meeting and rescheduled at a later date and with the timeframe for Canvassing the Election. All Motions passed unanimously without further discussion. 10. 2010-43-T Items for Future Agendas. Council member Edstrom asked for an item to review the approval process for EDC 4B expenses and for EDC 4B to make their annual update at the first Council meeting in April. Council member Rose added the following items:  Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools".  Consider and take appropriate action regarding contents of permit applications  Consider and take appropriate action regarding procurement policies and their alignment with State statutes.  Consider and take appropriate action regarding placing policies and procedures on the Town web site. 11. 2010-45-T Receive a progress report from Council Member Wilson regarding the January 19 and 25, 2010 TCMUD1 Meeting; discussion of same. Council member Wilson reported on the following: 1. Public hearing and subsequent vote regarding ethics complaint. 2. Update pertaining to fire station bond sale. 3. Discussion of January 25 and February 6 proposed Council/MUD joint sessions. 4. Fire Chief progress report relevant to Westlake services proposal. No action, update only. 12. 2010-44-T Mayor and Council Update regarding training opportunities, educational sessions, and regional meetings; discussion of same. Mayor White provided a brief update on her attendance at the following meetings and events: True Med Ribbon Cutting 6 Town Council 33 of 214 Meeting Date: March 8, 2010 7 NLF Annual Meeting and Award Luncheon FitCities Kickoff Metroport Cities Partnership Chamber’s Annual Awards Gala Denton Area Mayors Meeting No action, update only. Council member Rose stated his desire to attend TML’s Budgeting for Performance Seminar in Austin the end of February. ADJOURN Motion to adjourn made by Sterling, seconded by Edstrom. Meeting adjourned at 9:04 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 34 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-133-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/26/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action amending Ordinance 2010-05 calling Joint/General/Special Election for May 8, 2010 for the purpose of specifying dates, times, and locations for early voting by personal appearance. Considerar y adoptar medidas apropiadas que modifica la Ordenanza 2010-05 llamando a la elección en Conjunto/ General/ Elección Especial el 8 de Mayo, 2010 con el propósito de especificar fechas, horas y ubicaciones para la votación anticipada en persona. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments:Ord. 2010-05-A Calling May 8, 2010 Election_English-with Exhibits.pdf Action ByDate Action ResultVer. Town Council 35 of 214 Meeting Date: March 8, 2010 12010-133-T Version:File #: Title Consider and take appropriate action amending Ordinance 2010-05 calling Joint/General/Special Election for May 8, 2010 for the purpose of specifying dates, times, and locations for early voting by personal appearance. Considerar y adoptar medidas apropiadas que modifica la Ordenanza 2010-05 llamando a la elección en Conjunto/ General/ Elección Especial el 8 de Mayo, 2010 con el propósito de especificar fechas, horas y ubicaciones para la votación anticipada en persona. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Body Town Council approved an Ordinance 2010-05 calling the Joint/General/Special Election for May 8, 2010 on February 15, 2010 with the stipulation that Section 2 would need to be amended to include early voting sites added due to joint elections with other political subdivisions. On Wednesday, February 24, 2010, staff received the list of early voting sites from Denton County. Ordinance 2010-05 has been amended to reflect these locations. Town Council 36 of 214 Meeting Date: March 8, 2010 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-05-A 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 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO BE HELD ON MAY 8, 2010 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER PLACE #4 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER FOR PLACE #5 FOR A THREE (3) YEAR TERM TO THE TOWN OF TROPHY CLUB TOWN COUNCIL; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO COMPLETE THE REMAINDER OF THE TERM OF OFFICE FOR PLACE #2 CREATED BY A VACANCY IN PLACE #2 ON THE TROPHY CLUB TOWN COUNCIL; AND ORDERING AND CALLING A SPECIAL ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION 321.409 OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO REAUTHORIZE THE LOCAL SALES AND USE TAX IN THE TOWN OF TROPHY CLUB AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25%) TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; 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 JOINT ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the second 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 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 Ordinance 2010-05-A 1 Town Council 37 of 214 Meeting Date: March 8, 2010 of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, WHEREAS, the Town Council desires to and hereby calls a Joint General Election for the purpose of electing one (1) Council member for Place #3 for a two (2) year term and one (1) Council member Place #4 for a two (2) year term and one (1) Council member for Place #5 for three (3) year term to the Town of Trophy Club Town Council; and WHEREAS, as a result of a vacancy in Place #2 on the Town Council, the Town Council desires to and hereby calls a Special Election for the purpose of electing one (1) Council Member to serve a one (1) year term in order to complete the remainder of the two (2) year term for Place #2 on the Trophy Club Town Council; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize a sales and use tax to provide revenue for maintenance and repair of municipal streets; and WHEREAS, in May, 2006, the Town Council called an election to reduce the amount of sales tax allocated to EDC4B by ¼ of one percent (.25) and to levy a sales and use tax of ¼ of one percent (.25) to provide revenue for the maintenance and repair of municipal streets; and WHEREAS, the voters of the Town approved the requested reallocation of sales tax for road maintenance and repair at the May, 2006 election; and WHEREAS, In order for the road maintenance and repair tax to continue in effect, the Town is required to hold an election to reauthorize the tax, and the election must be held in the same manner as the election that was used to levy the tax; and WHEREAS, in order to determine whether the Town’s residents desire to reauthorize the road maintenance and repair tax, the Town Council has determined it appropriate to hold a special election with a combined ballot pursuant to Section 321.409 of the Tax Code; 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 62nd day before election day; and 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 Ordinance 2010-05-A 2 Town Council 38 of 214 Meeting Date: March 8, 2010 WHEREAS, The Town of Trophy Club and Trophy Club Municipal Utility District No. 1 meet the specified criteria and desire to hold their election jointly, and attached and incorporated herein as Exhibit “A” is a copy of a joint election agreement between the Town and Trophy Club Municipal Utility District No. 1; and WHEREAS, The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department (the “Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Denton County Elections Department (“DCED”), and other participating entities, if any, described in the Contract. The Town Manager or the Town Manager’s designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator and attached and incorporated herein as Exhibit “B” is a copy of a joint election agreement between the Town and the Denton County Elections Department; and 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. WHEREAS, Section Sec. 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 2. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their respective county precinct numbers set forth in Exhibit “C”, hereto and incorporated by reference for all purposes; provided, however, such times and locations set for on Exhibit “C” may be changed if so directed by the Elections Administrators without further action of the Town Council. The Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. In addition to the early voting polling locations located within the Town, Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Voters residing in Tarrant County may only vote on Town and/or MUD-related items at the Town of Trophy Club early voting polling location. Ordinance 2010-05-A 3 Town Council 39 of 214 Meeting Date: March 8, 2010 Section 3. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as 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, 401 West Hickory, Denton, Texas 76201. 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 Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. 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 Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. Section 4. Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 8, 2010 election. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 8, 2010 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. Section 5. It is hereby ordered that a Joint General Election and Special Election (the “Election”) shall be held in and throughout the Town of Trophy Club and the Trophy Club Municipal Utility District No. 1 on Saturday, May 8, 2010. Section 6. The purpose of such Election is to: Elect one (1) Council member for Place #3 for a two (2) year term and one (1) Council member for Place #4 for a two (2) year term and one (1) Council member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council; and to elect one (1) Council member for Place #2 for a one (1) year term in order to complete the remainder of the term of office for Place #2 created by a vacancy on the Trophy Club Town Council; and to hold an election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the local sales and use tax in the Town of Trophy Club at the rate of ¼ of one percent (.25) to provide revenue for maintenance and repair of municipal streets. Section 7. Eligibility for Candidacy Ordinance 2010-05-A 4 Town Council 40 of 214 Meeting Date: March 8, 2010 As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, at least 18 years of age on the first day of the term to be filled at the Election, 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. Additional requirements are as follows: A. Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen; at least 21years of age on the first day of the form to be filed for candidacy;, is a qualified voter of the Town; has not been determined mentally incapacitated or partially mentally incapacitated without the right to vote by a final judgment of a court exercising probate jurisdiction; has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; and resides and has resided continuously for at least twelve (12) months preceding the election within the corporate limits of the Town; resides and has resided continuously for at least twelve (12) months preceding the election within the State of Texas 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. Section 8. 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 hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 6, 2010 and not later than 5:00 p.m. on March 3, 2010. Each such application shall be on a form as prescribed by the Texas Election 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 Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. Section 9. 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 between May 31st and July 3rd, 2010. The runoff election shall be held in accordance with the Texas Election Code. Section 10. Ballot Propositions Ordinance 2010-05-A 5 Town Council 41 of 214 Meeting Date: March 8, 2010 The official ballots for the Special Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” the proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: PROPOSITION ONE FOR OR AGAINST: The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. Section 11. Early voting by personal appearance shall be conducted at the times, on the dates and at the locations designated on Exhibit “C” hereto. 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. Section 12. The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. Section 13. The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 14. Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and at three (3) other public places within the Town not less than twenty-one (21) days prior to the date of the Election, and by publication of said notice on the same day in each of two (2) successive weeks in a newspaper of general circulation published within the Town, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Section 15. The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney and bond counsel, 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 16. 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 Ordinance 2010-05-A 6 Town Council 42 of 214 Meeting Date: March 8, 2010 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 17. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. Section 18. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 8th day of March 2010. ________________________________ Mayor, Connie White 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 Ordinance 2010-05-A 7 Town Council 43 of 214 Meeting Date: March 8, 2010 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1. Ordinance 2010-05-A 8 Town Council 44 of 214 Meeting Date: March 8, 2010 Town Council 45 of 214 Meeting Date: March 8, 2010 Town Council 46 of 214 Meeting Date: March 8, 2010 Town Council 47 of 214 Meeting Date: March 8, 2010 Town Council 48 of 214 Meeting Date: March 8, 2010 Town Council 49 of 214 Meeting Date: March 8, 2010 Town Council 50 of 214 Meeting Date: March 8, 2010 Town Council 51 of 214 Meeting Date: March 8, 2010 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Ordinance 2010-05-A 9 Town Council 52 of 214 Meeting Date: March 8, 2010 Town Council 53 of 214 Meeting Date: March 8, 2010 Town Council 54 of 214 Meeting Date: March 8, 2010 Town Council 55 of 214 Meeting Date: March 8, 2010 Town Council 56 of 214 Meeting Date: March 8, 2010 Town Council 57 of 214 Meeting Date: March 8, 2010 Town Council 58 of 214 Meeting Date: March 8, 2010 Town Council 59 of 214 Meeting Date: March 8, 2010 Town Council 60 of 214 Meeting Date: March 8, 2010 Town Council 61 of 214 Meeting Date: March 8, 2010 Town Council 62 of 214 Meeting Date: March 8, 2010 Town Council 63 of 214 Meeting Date: March 8, 2010 Town Council 64 of 214 Meeting Date: March 8, 2010 Town Council 65 of 214 Meeting Date: March 8, 2010 Town Council 66 of 214 Meeting Date: March 8, 2010 Town Council 67 of 214 Meeting Date: March 8, 2010 Town Council 68 of 214 Meeting Date: March 8, 2010 Town Council 69 of 214 Meeting Date: March 8, 2010 Town Council 70 of 214 Meeting Date: March 8, 2010 Town Council 71 of 214 Meeting Date: March 8, 2010 Town Council 72 of 214 Meeting Date: March 8, 2010 Ordinance 2010-05-A 10 EXHIBIT C OF ORDINANCE 2010-05 NOTICE FOR EARLY VOTING EARLY VOTING Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 26th Tuesday, April 27th Wednesday, April 28th Thursday, April 29th Friday, April 30th Saturday, May 1st Monday, May 3rd Tuesday, May 4th 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 12 p.m. 7 a.m. – 7 p.m. 7 a.m. – 7 p.m. In addition to the early voting polling locations located within the Town, Trophy Club Denton County voters may vote at all 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 located within the Town of Trophy Club. 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. Town Council 73 of 214 Meeting Date: March 8, 2010 Town Council 74 of 214 Meeting Date: March 8, 2010 POBLADO DE TROPHY CLUB, TEXAS ORDENANZA Nro. 2010-05-A ORDENANZA DEL CONSEJO MUNICIPAL DEL POBLADO DE TROPHY CLUB, TEXAS, PARA ORDENAR Y CONVOCAR UNA ELECCIÓN GENERAL CONJUNTA ENTRE EL POBLADO DE TROPHY CLUB Y EL DISTRITO DE SERVICIOS PÚBLICOS MUNICIPALES Nro. 1 DE TROPHY CLUB, PARA CELEBRARSE EL 8 DE MAYO DE 2010 CON EL PROPÓSITO DE ELEGIR UN (1) CONCEJAL PARA LA POSICIÓN 3 POR UN TÉRMINO DE DOS (2) AÑOS Y UN (1) CONCEJAL PARA LA POSICIÓN 4 POR UN TÉRMINO DE DOS (2) AÑOS, Y UN (1) CONCEJAL PARA LA POSICIÓN 5 POR UN TÉRMINO DE TRES (3) AÑOS DEL CONSEJO MUNICIPAL DEL POBLADO DE TROPHY CLUB; ORDENAR Y CONVOCAR UNA ELECCIÓN ESPECIAL CON EL PROPÓSITO DE ELEGIR UN (1) CONCEJAL POR UN TÉRMINO DE UN (1) AÑO Y PARA COMPLETAR EL RESTO DEL TÉRMINO DEL CARGO DE LA POSICIÓN 2 DEBIDO A LA VACANTE CREADA EN LA POSICIÓN 2 DEL CONSEJO MUNICIPAL DEL POBLADO DE TROPHY CLUB; Y ORDENAR Y CONVOCAR UNA ELECCIÓN ESPECIAL CON UNA BOLETA COMBINADA EN CONFORMIDAD CON LA SECCIÓN 321.409 DEL CÓDIGO DE IMPUESTOS DE TEXAS PARA DETERMINAR SI LOS CIUDADANOS DESEAN VOLVER A AUTORIZAR EL IMPUESTO DE VENTAS Y USO LOCAL EN EL POBLADO DE TROPHY CLUB A UNA TAZA DE UN CUARTO DEL UNO POR CIENTO (0.25%) PARA CONTINUAR PROVEYENDO INGRESOS PARA EL MANTENIMIENTO Y REPARACIÓN DE LAS CALLES MUNICIPALES; DESIGNAR UN LUGAR DE VOTACIÓN EN EL POBLADO; DESIGNAR A UN JUEZ PRESIDENTE DE LA ELECCIÓN Y A UN JUEZ PRESIDENTE ALTERNO DE LA ELECCIÓN; ESTABLECER OTROS PROCEDIMIENTOS PARA CELEBRAR LA ELECCIÓN; ESTABLECER UNA FECHA PARA HACER EL DICTAMEN DE LOS RESULTADOS DE LA ELECCIÓN; DISPONER LAS ACCIONES NECESARIAS; DISPONER UN CONTRATO DE ELECCIONES CONJUNTAS; DISPONER UNA CLÁUSULA ACUMULATIVA; DISPONER UNA CLÁUSULA DE DIVISIBILIDAD; DISPONER LA PUBLICACIÓN; DISPONER EL REGISTRO Y LA PREPARACIÓN DE LA DOCUMENTACIÓN QUE SERÁ FIRMADA EN EL CONTRATO; Y DISPONER UNA FECHA EFECTIVA. EN VISTA DE QUE la Sección 41.001(a)(2) del Código Electoral de Texas establece el segundo sábado de mayo como una fecha uniforme de elecciones para los propósitos de celebrar una Elección General o Especial; y EN VISTA DE QUE la Sección 3.004 del Código Electoral de Texas estipula que el órgano directivo de una municipalidad será la autoridad para ordenar una Elección General o Especial; y Ordenanza 2010-05-A 1 Town Council 75 of 214 Meeting Date: March 8, 2010 EN VISTA DE QUE el Consejo Municipal considera y declara que la asamblea en la cual se considera esta Ordenanza está abierta al público según lo exige la ley, y que se dio el aviso público de la hora, el lugar y el propósito de dicha asamblea de acuerdo al Capítulo 551 del Código de Gobierno de Texas, según modificado; por lo tanto, EN VISTA DE QUE, por medio de la presente, el Consejo Municipal convoca una Elección General Conjunta con el propósito de elegir un (1) Concejal para la Posición 3 por un término de dos (2) años y un (1) Concejal para la Posición 4 por un término de dos (2) años, y un (1) Concejal para la Posición 5 por un término de tres (3) años del Consejo Municipal del Poblado de Trophy Club; y EN VISTA DE QUE debido a una vacante en la Posición 2 del Consejo Municipal del Poblado de Trophy Club, el Consejo Municipal del Poblado desea y convoca por la presente una Elección Especial con el propósito de elegir un (1) Concejal por un término de un (1) año para completar el resto del término de dos (2) años de la Posición 2 del Consejo Municipal del Poblado de Trophy Club; y EN VISTA DE QUE, por medio de la presente, el Consejo Municipal ordena y convoca una Elección Especial con una boleta combinada en conformidad con la Sección 321.409 del Código de Impuestos de Texas para determinar si los ciudadanos desean volver a autorizar un impuesto de ventas y uso para proveer ingresos para el mantenimiento y la reparación de calles municipales; y EN VISTA DE QUE en mayo de 2006 el Consejo Municipal convocó una elección para reducir el monto del impuesto de ventas asignado a EDC4B de ¼ del uno por ciento (0.25) e imponer un impuesto de ventas y uso de ¼ del uno por ciento (0.25) para proveer ingresos para el mantenimiento y la reparación de calles municipales; y EN VISTA DE QUE los votantes del Poblado aprobaron la reasignación solicitada del impuesto de ventas para el mantenimiento y la reparación de calles en la elección de mayo de 2006; y EN VISTA DE QUE para que el impuesto de mantenimiento y reparación de calles pueda continuar en vigor, el Poblado está obligado a celebrar una elección para volver a autorizar el impuesto y dicha elección se debe celebrar de la misma manera que se celebró la elección celebrada para imponer el impuesto; y EN VISTA DE QUE para poder determinar si los residentes del Poblado desean volver a autorizar el impuesto de mantenimiento y reparación de calles, el Consejo Municipal ha determinado que es apropiado celebrar una elección especial con una boleta combinada en conformidad con la Sección 321.409 del Código e Impuestos; y EN VISTA DE QUE la Sección 3.005 del Código Electoral de Texas estipula que una elección ordenada por una autoridad de una municipalidad se deberá ordenar a más tardar el sexagésimo segundo día antes del Día de la Elección; y Ordenanza 2010-05-A 2 Town Council 76 of 214 Meeting Date: March 8, 2010 EN VISTA DE QUE la Sección 271.002 del Código Electoral de Texas estipula que los órganos directivos de dos o más subdivisiones políticas pueden acordar un convenio para celebrar una elección conjunta si las elecciones ordenadas por las autoridades de las subdivisiones se celebrarán el mismo día en todo o en parte del mismo territorio y pueden utilizarse lugares de votación en común; y EN VISTA DE QUE el Poblado de Trophy Club y el Distrito de Servicios Públicos Municipales Nro. 1 de Trophy Club reúnen los criterios especificados y desean celebrar sus elecciones en forma conjunta, y se incorpora al presente como Anexo “A” una copia del contrato de elecciones conjuntas entre el Poblado y el Distrito de Servicios Públicos Municipales Nro. 1 de Trophy Club; y EN VISTA DE QUE la Elección se celebrará en conformidad con el Código bajo la jurisdicción del Departamento Electoral del Condado de Denton (el “Administrador de Elecciones”) de acuerdo a un Contrato de Servicios Electorales (el “Contrato”) acordado entre el Departamento Electoral del Condado de Denton (“DCED”) y otras entidades participantes, de haber alguna, descritas en el Contrato. El Administrador del Poblado o su persona designada está autorizada para modificar o complementar el Contrato hasta el punto requerido para que la Elección se celebre de una manera eficiente y legal, según lo determine el Administrador de Elecciones, y se incorpora al presente como Anexo “B” una copia de dicho contrato de elecciones conjuntas entre el Poblado y el Departamento Electoral del Condado de Denton; y La Sección 271.002 del Código Electoral de Texas estipula que los órganos directivos de dos o más subdivisiones políticas pueden acordar un convenio para celebrar una elección conjunta si las elecciones ordenadas por las autoridades de las subdivisiones se celebrarán el mismo día en todo o en parte del mismo territorio y pueden utilizarse casillas electorales comunes. EN VISTA DE QUE la Sección Sec. 85.004 del Código Electoral de Texas estipula que una orden de elecciones y el aviso de elecciones deben indicar el lugar de cada lugar de votación; y AHORA, POR LO TANTO, EL CONSEJO MUNICIPAL DEL POBLADO DE TROPHY CLUB, TEXAS ORDENA: Section 1. Todos los electores calificados que residen en el Poblado serán elegibles para votar en la Elección. Section 2. Por medio del presente se designan los precintos electorales para la Elección, los cuales serán los precintos electorales municipales identificados por sus respectivos números de precintos del condado establecidos en el Anexo “C” incorporado al presente para referencia para todos los propósitos; siempre que dichos horarios y lugares establecidos en el Anexo “C” puedan cambiarse si así lo indica el Administrador de Elecciones sin acción adicional del Consejo Municipal. Por medio de la presente se autoriza e instruye al Administrador de Elecciones a que haga los cambios de los lugares Ordenanza 2010-05-A 3 Town Council 77 of 214 Meeting Date: March 8, 2010 Además de los sitios de votación anticipada ubicados en el Poblado, los votantes de Trophy Club pueden votar en los sitios de votación anticipada designados y mantenidos por el Condado de Denton en todo el Condado. Los votantes que residen en el Condado de Tarrant sólo pueden votar por las partidas que se relacionan con el Poblado y/o el MUD en lugar de votación del Poblado de Trophy Club. Section 3. Por medio de la presente se designa a Frank Phillips, Administrador de Elecciones del Condado de Denton, como Oficial de la Votación Anticipada. Se designará a los jueces/oficiales suplentes de votación anticipada según sea necesario para procesar la votación anticipada por correo y llevar a cabo la votación anticipada. La votación anticipada por correo se llevará a cabo en conformidad con los requisitos del Código. Las solicitudes de boletas y las boletas de votación por correo se deben enviar a: Early Voting Clerk, 401 West Hickory, Denton, Texas 76201. Por medio de la presente se autoriza al Administrador de Elecciones y/o el Oficial de Votación Anticipada para designar a los miembros del Consejo de Boletas de Votación Anticipada y al juez presidente y juez presidente alterno en conformidad con los requisitos del Código. La votación anticipada en persona se llevará a cabo en los horarios, fechas y lugares designados en el Anexo “C” de la presente. Por medio de la presente se designa al edificio Joseph A. Carroll County Administration Building, ubicado en 401 West Hickory, Denton, Texas 76201 como lugar principal de votación anticipada. La votación anticipada la llevará a cabo el Oficial de Votación Anticipada en el lugar principal de votación anticipada indicado previamente y los lugares designados en el Anexo “C” de la presente; el Administrador de Elecciones puede cambiar dichos lugares o puede añadir lugares adicionales de votación anticipada sin acción adicional del Consejo Municipal, según sea necesario para celebrar de manera adecuada la Elección. Sección 4. La compensación por el servicio de los jueces de la elección y los jueces alternos en la Elección la determinará el Administrador de Elecciones. Se usará E- slate, un sistema electrónico de grabación directa (DRE) para la votación anticipada en persona y en la elección del 8 de mayo de 2010. Se usarán boletas correspondientes de lectura óptica para la votación anticipada por correo. En la Elección del 8 de mayo de 2010, el Administrador de Elecciones se encargará de que se preparen boletas del tipo descrito previamente, siendo en inglés y en español, y proveerá a los oficiales de la elección dichas boletas, en dicha forma, junto con cualesquiera otros formularios o papeles en blanco, en conformidad con la Carta Orgánica del Poblado de Trophy Club, la Constitución y las leyes del Estado de Texas y la Ley de Derechos de Votación de 1965, y cualquier modificación a éstas, en tanto que corresponda lo mismo. Se proveerá el sistema E-Slate, un sistema electrónico de grabación directa (DRE) y se usará en cada lugar de votación el Día de la Elección. Sección 5. Por medio de la presente se ordena la celebración de una Elección General Conjunta (la “Elección”) en el Poblado de Trophy Club y en el Distrito de Servicios Públicos Municipales Nro. 1 de Trophy Club el sábado 8 de mayo de 2010. Ordenanza 2010-05-A 4 Town Council 78 of 214 Meeting Date: March 8, 2010 Sección 6. El propósito de dicha Elección es: Elegir un (1) Concejal para la Posición 3 por un término de dos (2) años y un (1) Concejal para la Posición 4 por un término de dos (2) años, y un (1) Concejal para la Posición 5 por un término de tres (3) años del Consejo Municipal del Poblado de Trophy Club; y elegir un (1) Concejal por un término de un (1) año y para completar el resto del término del cargo de la Posición 2 debido a la vacante creada en la Posición 2 del Consejo Municipal del Poblado de Trophy Club; y celebrar una elección con una boleta combinada en conformidad con la Sección 321.409 del Código de Impuestos de Texas para determinar si los ciudadanos desean volver a autorizar el Impuesto de Ventas y Uso Local en el Poblado de Trophy Club a una taza de un cuarto del uno por ciento (0.25%) para continuar proveyendo ingresos para el mantenimiento y reparación de las calles municipales. Sección 7. Requisitos para la candidatura De acuerdo a lo establecido en la Sección 141.001 del Código Electoral de Texas, ninguna persona será elegible para un cargo público de elección de este estado a menos que esa persona sea ciudadana de los Estados Unidos, tenga por lo menos 18 años de edad el primer día del término del cargo que ha de ocupar en la Elección, no haya sido determinada mentalmente incompetente por un juicio final de un tribunal, no haya sido finalmente convicta de un delito grave del que no haya sido perdonada o de otra manera liberada de las discapacidades resultantes, y haya residido continuamente en el Estado de Texas durante doce (12) meses inmediatamente antes de la fecha límite para presentar la solicitud de candidatura para un candidato cuyo nombre aparecerá en la boleta de la elección general, o la fecha de la elección en la que el nombre del candidato se escriba como candidato escrito. Los requisitos adicionales son los siguientes: A. Miembro del Consejo: De acuerdo a lo establecido en la Sección 141.001 del Código Electoral de Texas y el Artículo III de la Carta Orgánica del Poblado de Trophy Club, ninguna persona será elegible para un cargo público de elección de este estado a menos que esa persona sea ciudadana de los Estados Unidos; tenga por lo menos 21 años de edad el primer día del formulario que se ha de presentar para la candidatura; sea un votante calificado del Poblado; no haya sido determinada mentalmente incapacitada ni mentalmente incapacitada parcialmente sin derecho de votar por un juicio final de un tribunal que ejerza jurisdicción de libertad condicional; no haya sido finalmente convicta de un delito grave del que no haya sido perdonada o de otra manera liberada de las discapacidades resultantes; y resida y haya residido continuamente por lo menos doce (12) meses antes de la elección dentro de los límites territoriales del Poblado; resida y haya residido continuamente por lo menos doce (12) meses antes de la elección en el Estado de Texas para un candidato cuyo nombre ha de aparecer en la boleta de la elección general, o la fecha de la elección en la que el nombre del candidato se escriba como candidato escrito. Sección 8. Solicitud para un lugar en la boleta En conformidad con la Sección 143.007 del Código Electoral de Texas, cualquier persona elegible y que reúna los requisitos puede pedir que se imprima su nombre en la boleta Ordenanza 2010-05-A 5 Town Council 79 of 214 Meeting Date: March 8, 2010 oficial como candidato para el cargo establecido previamente presentando la solicitud jurada de la persona ante la Secretaria del Poblado no antes del 6 de febrero de 2010 y no más tarde de las 5:00 p.m. del día 8 de marzo de 2010. Dicha solicitud deberá ser de la forma descrita por el Código Electoral de Texas. El orden en el cual se imprimirán los nombres de los candidatos en la boleta se determinará mediante un sorteo que llevará a cabo la Secretaria del Poblado de acuerdo a la Sección 52.094 del Código Electoral de Texas. El aviso de la hora y el lugar de dicho sorteo se dará en conformidad con la Sección 52.094(c) y (d) del Código Electoral de Texas. Sección 9. Elección de desempate Si dos (2) o más candidatos tienen un empate en el número de votos requeridos para ser elegidos, se celebrará una elección de desempate entre el 31 de mayo y el 3 de julio de 2010. La elección de desempate se celebrará en conformidad con el Código Electoral de Texas. Sección 10. Proposiciones en la boleta. Las boletas oficiales para la Elección Especial se prepararán en conformidad con el Código Electoral de Texas de manera que se permita a los electores votar “A FAVOR” o “EN CONTRA” de la proposición, de acuerdo a lo requerido para la elección de una medida, y las boletas contendrán dichas disposiciones, marcas y lenguaje de acuerdo a como lo exige la ley, y dicha proposiciones se expresarán substancialmente de la manera siguiente: PROPOSICIÓN UNO A FAVOR O EN CONTRA: Volver a autorizar el impuesto de ventas y uso local en el Poblado de Trophy Club a una taza de un cuarto del uno por ciento (0.25%) para continuar proveyendo ingresos para el mantenimiento y reparación de las calles municipales. Sección 11. La votación anticipada en persona se llevará a cabo en los horarios, fechas y lugares designados en el Anexo “C” de la presente. La Orden de la Elección será enmendada en una fecha posterior para incluir los sitios de votación anticipada añadidos debido a las elecciones conjuntas con otras subdivisiones políticas. Sección 12. Los materiales de la elección enumerados en el Código estarán impresos en inglés y en español para usarse en los lugares de votación y para la votación anticipada para le Elección, y se dispondrá la asistencia verbal para los votantes de habla hispana. Sección 13. Los oficiales de elección darán el dictamen de los resultados de la Elección de la manera requerida por la ley, y las boletas que estén marcadas correctamente en conformidad con las disposiciones del Código para la emisión de votos durante el período de votación anticipada y en el día de la Elección se contarán de la manera requerida por la ley. Ordenanza 2010-05-A 6 Town Council 80 of 214 Meeting Date: March 8, 2010 Sección 14. El aviso de la Elección se dará mediante la colocación de un aviso que contenga una copia substancial de esta Ordenanza en inglés y en español en el Palacio Municipal (Town Hall) en el tablero de boletines que se utiliza para publicar avisos de las asambleas del Consejo Municipal y en otros tres (3) lugares públicos del Poblado a no menos de veintiún (21) días previos a la fecha de la Elección, y mediante la publicación de dicho aviso en el mismo día de dos (2) semanas consecutivas en un periódico de circulación general publicado en el Poblado. La fecha de la primera publicación será a partir de treinta (30) días y más tardar catorce (14) días antes de la fecha establecida para la Elección. Sección 15. Por medio de la presente, se autoriza e instruye al Alcalde y a la Secretaria del Poblado, en consulta con el Abogado del Poblado y el asesor jurídico de bonos, a tomar todas y cada una de las acciones necesarias para cumplir con las disposiciones del Código y de la Ley Federal de Derechos de Votación para celebrar y realizar la Elección, sea o no que se autorice expresamente en el presente. Sección 16. Por medio de la presente se declara que la intención del Consejo Municipal del Poblado de Trophy Club es que las frases, cláusulas, enunciados, párrafos y secciones de esta Ordenanza sean divisibles y si alguna frase, cláusula, enunciado, párrafo o sección de esta Ordenanza se declarara inconstitucional por consideración válida o decreto de algún tribunal de jurisdicción competente, dicha inconstitucionalidad no afectará a ninguna de las frases, cláusulas, enunciados, párrafos o secciones remanentes de esta Ordenanza, dado que el Consejo Municipal habría legislado el mismo sin la incorporación en dicha frase, cláusula, enunciado, párrafo o sección inconstitucional. Sección 17. Por medio de la presente se instruye a la Secretaria del Poblado de Trophy Club a registrar y preparar la documentación que será firmada de esta Ordenanza de acuerdo a lo que exige la Carta Orgánica del Poblado. Sección 18. Esta Ordenanza será efectiva inmediatamente después de su adopción. ACEPTADA Y APROBADA por el Consejo Municipal del Poblado de Trophy Club, Texas, este día 15 de febrero de 2010. ________________________________ Alcalde, Connie White Poblado de Trophy Club, Texas ATESTIGUA: _________________________ Secretaria del Poblado Poblado de Trophy Club, Texas Ordenanza 2010-05-A 7 Town Council 81 of 214 Meeting Date: March 8, 2010 [SELLO] APROBADO COMO FORMA: ___________________________ Abogado del Poblado Poblado de Trophy Club, Texas Ordenanza 2010-05-A 8 Town Council 82 of 214 Meeting Date: March 8, 2010 ANEXO A CONVENIO DE ELECCIÓN CONJUNTA ENTRE EL POBLADO DE TROPHY CLUB, TEXAS y EL DISTRITO DE SERVICIOS PÚBLICOS MUNICIPALES Nro. 1 DE TROPHY CLUB Adjunto por separado Ordenanza 2010-05-A 9 Town Council 83 of 214 Meeting Date: March 8, 2010 ANEXO B CONVENIO DE ELECCIÓN CONJUNTA ENTRE EL POBLADO DE TROPHY CLUB, TEXAS Y EL CONDADO DE DENTON Adjunto por separado Ordenanza 2010-05-A 10 Town Council 84 of 214 Meeting Date: March 8, 2010 ANEXO C DE LA ORDENANZA 2010-05 AVISO DE VOTACIÓN ANTICIPADA VOTACIÓN ANTICIPADA La votación anticipada en persona se llevará a cabo en 100 Municipal Drive en los siguientes días y horarios: Lunes 26 de abril Martes 27 de abril Miércoles 28 de abril Jueves 29 de abril Viernes 30 de abril Sábado 1 de mayo Lunes 3 de mayo Martes 4 de mayo 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 12 p.m. 7 a.m. – 7 p.m. 7 a.m. – 7 p.m. Además de los sitios de votación anticipada localizados dentro del Poblado, los votantes de Trophy Club en el Condado de Denton pueden votar en todos los sitios de votación anticipada designados y mantenidos por el Condado de Denton en todo el Condado. Los votantes de Trophy Club en el Condado de Tarrant solo pueden votar en los sitios de votación anticipada localizados dentro del Poblado de Trophy Club. La Orden de la Elección será enmendada en una fecha posterior para incluir los sitios de votación anticipada añadidos debido a las elecciones conjuntas con otras subdivisiones políticas. Ordenanza 2010-05-A 11 Town Council 85 of 214 Meeting Date: March 8, 2010 Ordenanza 2010-05-A 12 AVISO DE VOTACIÓN ANTICIPADA Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Anexo Municipal De Lewisville Biblioteca Publica De Carrollton 1197 W. Main Street, Lewisville 4220 N. Josey, Carrollton Club House De Heritage Lakes Casa de Ayuntamiento De Lake Dallas 3949 Village Blvd., Frisco 212 Main Street, Lake Dallas Casa de Ayuntamiento De Argyle Edificio Admin. De Krum ISD 308 Denton, Argyle 809 E McCart, Krum Edificio Municipal De Justin Casa de Ayuntamiento De Highland Village 415 N. College, Justin 1000 Highland Village Rd. Highland Village Las siguintes locaciones para votar temprano estaran abiertas las fechas y horarios listados: Joseph A Carroll Edificio Administrativo Casa de Ayuntamiento De Corinth 401 W. Hickory, Denton 3300 Corinth Pkwy., Corinth Complejo Municipal De Flower Mound Edificio Admin. De Pilot Point 4150 Kirkpatrick, Flower Mound 829 S Harrison, Pilot Point Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. Sábado 1 de mayo 8 a.m. – 5 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Distrito Municipal De Utilidades De Trophy Club 100 Municipal Drive, Trophy Club Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. Sábado 1 de mayo 8 a.m. – 12 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Casa de Ayuntamiento De Denton Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. 215 E McKinney, Denton Sábado 1 de mayo 10 a.m. – 2 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Casa de Ayuntamiento De Double Oak Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. 320 Waketon, Double Oak Sábado 1 de mayo 2 p.m. – 5 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Centro Comunitario De Sanger Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. 101 Freese, Sanger Sábado 1 de mayo 9 a.m. – 2 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Centro Gubernamental Copeland Lunes 26 de abril - Viernes 30 de abril 8 a.m. – 5 p.m. 1400 FM 424, Cross Roads Sábado 1 de mayo 8 a.m. – 5 p.m. Lunes 3 de mayo - Martes 4 de mayo 7 a.m. – 7 p.m. Town Council 86 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-108-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding a Proclamation proclaiming March 14 - 20, 2010 as Poison Prevention Week. Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Attachments:Info for Poison Prevention Week.pdf Proc. 2010-02 48th Annual Observance of Poison Prevention Week.pdf Action ByDate Action ResultVer. Town Council 87 of 214 Meeting Date: March 8, 2010 12010-108-T Version:File #: Title Consider and take appropriate action regarding a Proclamation proclaiming March 14 - 20, 2010 as Poison Prevention Week. Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Town Council 88 of 214 Meeting Date: March 8, 2010 Town Council 89 of 214 Meeting Date: March 8, 2010 PROCLAMATION 2010-02 TOWN OF TROPHY CLUB “48th Annual Observation of Poison Prevention Week” March 14 - 20, 2010 WHEREAS, our society has become increasingly dependent on household chemicals to perform labor-saving, time-saving miracles; and on medicine to provide health-giving, life-sustaining benefits. WHEREAS, these products, when not used as intended or directed, may be hazardous, particularly if children gain access to them. WHEREAS, over the past 48 years, the nation has been observing Poison Prevention Week to call attention to these hazards and how proper handling and disposal of these substances and proper use of safety packaging can help eliminate them. WHEREAS, the efforts of our community organizations, complemented by the efforts of the North Texas Poison Center have reduced childhood poisonings in Trophy Club, Texas. WHEREAS, the North Texas Poison Center, a regional poison center, located at Parkland Memorial Hospital, provides the ultimate in human service programming, immediate, accessible emergency information to save lives of victims of poison-related emergencies, and WHEREAS, these programs must continue as long as even one child swallows a household product or medicine by mistake. NOW THEREFORE, I CONNIE WHITE, MAYOR OF THE TOWN OF TROPHY CLUB, DO HEREBY PORCLAIM THE WEEK OF MARCH 14 – 20, 2010, AS POISON PREVENTION WEEK IN THIS TOWN. FURTHER, I DIRECT THE APPROPRIATE AGENCIES IN OUR LOCAL GOVERNMENT TO CONTINUE THEIR COOPERATION WITH CONCERNED CITIZENS AND COMMUNITY ORGANIZATION, INCLUDING OUR SCHOOLS, TO DEVELOP PROGRAMS WHICH WILL ALERT OUR PEOPLE TO THE CONTINUED DANGET OF MISUSING MEDICINES AND HOUSEHOLD PRODUCTS AND TO PROMOTE EFFECTIVE SAFEGUARDS AGAINST ACCIDENTAL POISONINGS AMONG YOUNG CHILDREN. PROCLAIMED THIS THE 8TH DAY OF MARCH 2010. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ______________________________ Town Secretary Town of Trophy Club, Texas Proclamation 2010-02 Town Council 90 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-109-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 8, 2010 Election. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments:Proc. 2010-03 Fair Campaign.pdf Action ByDate Action ResultVer. Town Council 91 of 214 Meeting Date: March 8, 2010 12010-109-T Version:File #: Title Consider and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 8, 2010 Election. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Body [Enter body here.] Town Council 92 of 214 Meeting Date: March 8, 2010 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION 2010-03 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO ALL COUNCIL MEMBERS AND CANDIDATES RUNNING FOR THE MAY 8, 2010 ELECTION, INFORMING THEM OF TOWN COUNCIL’S INTENT AND DESIRE THAT EVERY CANDIDATE COMPLY WITH HIS OR HER MORAL OBLIGATION TO OBSERVE ETHICAL STANDARDS IN CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN ORDER THAT, AFTER VIGOROUSLY CONTESTED BUT FAIRLY CONDUCTED CAMPAIGNS, OUR CITIZENS MAY EXERCISE THEIR CONSTITUTIONAL RIGHTS TO A FREE AND UNTRAMMELED CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND CLEARLY EXPRESSED ON THE ISSUES. WHEREAS, each Council member and Council member candidate (hereinafter “Candidate”) will conduct the campaign openly and publicly and limit attacks on his/her opponent to legitimate challenges to his/her opponent’s record and positions on issues; and WHEREAS, each Candidate will not use or permit the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any Candidate or the Candidate’s personal or family life; and WHEREAS, each Candidate will not use or permit any appeal to prejudice based on race, sex, religion, or national origin; and WHEREAS, each Candidate will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will he/she use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the personal integrity or patriotism of his/her opponent; and WHEREAS, each Candidate will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our system of free elections or that hampers or prevents the full and free expression of the will of the voters, including any activity aimed at intimidating voters or discouraging them from voting; and WHEREAS, each Candidate will defend and uphold the right of every qualified voter to full and equal participation in the electoral process, and will not engage in any activity aimed at intimidating voters or discouraging them from voting; and, Town Council 93 of 214 Meeting Date: March 8, 2010 WHEREAS, each Candidate will immediately and publicly repudiate methods and tactics that may come from others that he/she has pledged not to use or condone. He/She shall take firm action against any subordinate who violates any provision of this Proclamation or the laws governing elections. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing premises are hereby adopted by the Town Council of the Town of Trophy Club. Section 2. That each incumbent Council member and Council member candidate (“Candidate”) hereby voluntarily endorses this Proclamation regarding ethical campaigning, Section 3. That each Candidate subscribes to uphold their ethical and moral obligations as specified in this proclamation and to encourage non- incumbent candidates to comply with the basic principles outlined herein, in accordance with the above principles and practices. Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 8th day of March, 2010. ________________________________ Mayor, Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary, Town of Trophy Club, Texas Town Council 94 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-104-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Public Hearing to Consider Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Attachments:Staff Report - TC 030810.pdf Town Engineer Approval.pdf Application.pdf Newspaper Notice - Fire Station Site Plan.pdf 200-ft Map.pdf Resident - Email in Support.pdf P&Z Minutes - Fire Station.pdf Action ByDate Action ResultVer. ReferredPlanning & Zoning Commission2/18/2010 1 Town Council 95 of 214 Meeting Date: March 8, 2010 12010-104-T Version:File #: Title Public Hearing to Consider Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Town Council 96 of 214 Meeting Date: March 8, 2010 TOWN COUNCIL March 4, 2010 SUBJECT: Public Hearing to Consider Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) PURPOSE: To hold a Public Hearing and discuss and consider a recommendation to the Town Council regarding a Site Plan (Sheet C1.2) including Landscape Plan and Plant List (Sheet C2.1), Irrigation (Sheet C2.2), and Building Elevations (Sheet A2.1) for a Fire Station to be located on 1 acre of land known as Lot 1, Block 1, Municipal Utility District No. 1 located at the southwest corner of Trophy Club Drive and Municipal Drive. Two additional sheets are included, Sheet C1.1 to show the retaining wall and wood fence to be built between the Fire Station and adjacent residential properties to the south, and Sheet C1.3 which shows changes to the center medians on Trophy Club Drive in front of the new fire station. APPLICANT/OWNER: Municipal Utility District No. 1 100 Municipal Drive Trophy Club, TX 76262 EXISTING CONDITION OF THE PROPERTY: This property was recently platted and is zoned “GU” Governmental Use. An existing 3,600 sq. ft. Fire Station is located on the site with grass and trees on the east side of the building and heavily treed land on the west side of the building. The applicant is proposing to demolish the existing station and construct a two story 12,158 sq. ft. new fire station. This request is for final approval of the site plan, landscape plan with plant list, irrigation, and building elevations. ADJACENT ZONING/EXISTING LAND USES: North: R-S/The Summit/Residential South: R-12/The Woods/Residential East: Trophy Club Drive/PD-19 Residential and PO Professional Office West: GU/Governmental Uses COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates this area as Governmental Use. This request conforms to the Comprehensive Plan. Town Council 97 of 214 Meeting Date: March 8, 2010 STAFF ANALYSIS Site Plan: The applicant has submitted a site plan which illustrates the layout of the proposed structure on the lot, providing for parking, ingress/egress, and vehicular circulation within the site. The total square footage of the fire station is proposed at 12,158 square feet, containing 3,185 sq. ft. of administration (offices, training room, and restroom), 4,009 sq. ft. of living area (sleeping areas, kitchen, dining, dayroom, and restrooms) and 4,964 sq. ft. of equipment area (apparatus and bays). The applicant is providing 17 parking spaces that meet the parking space size requirements (9’x18’) of the Town regulations, and one handicap accessible parking space, 18’x18’, which also meets the Town’s size regulations for handicap accessible parking. The current staffing level is 4 personnel per shift with the possibility of adding two additional fire fighting personnel as the Town grows. The proposed 18 parking spaces will provide adequate parking for the current 4 employees, with room to grow to six employees, as well as a space for the Fire Chief’s vehicle, and visitor parking. In Governmental Use (GU) zoning, buildings cannot exceed two stories or 40-ft. in height. The height of the fire station is 2-stories and 37’-3”. Building setbacks for this site are 25-ft. front (along Trophy Club Drive), 25-ft. rear, 20-ft. side adjacent to street (Municipal Drive) and 10-ft. side interior. This site plan meets all setback requirements. The fire station will front onto Trophy Club Drive and carry an address of 295 Trophy Club Drive. Access to this property will be from both Trophy Club Drive and Municipal Drive. Landscape Plan and Plant List: Municipal Utility District No. 1, the owner of the site, is exempt from the requirements of the Tree Preservation Ordinance as outlined in Chapter 12-Subdivision Rules and Regulations, Article VIII-Tree Preservation and Removal, Section 8.03.B.d.ii which states, “Local taxing authorities, constructing or improving public grounds and/or buildings, shall be exempt from the requirements set forth in this Article.” The landscape plan calls for planting 16 trees along Municipal Drive which will consist of Red Oak, Live Oak and Japanese Maple. An additional 20 Leyland Cypress trees will be planted along the rear setback in-between the Fire Station and adjacent residential. The landscape plan also calls for 161 shrubs to be planted on the new Fire Station site. Ground coverage is proposed in St. Augustine sod. A plant list has been provided on the landscape plan which indicates the species, sizes, spacing, quantities and planting remarks. All landscaped areas are proposed to be irrigated. Building Elevations: The building exterior will consist of traditional brick, cast stone, and natural limestone. Three aluminum bay doors provide east/west access to the apparatus bays with ingress typically from Municipal Drive and egress typically to Trophy Club Drive, although both Town Council 98 of 214 Meeting Date: March 8, 2010 ingress and egress are available through both drives. The Fire Station will have a continuous panel, standing seam metal roof with galvanized metal gutters and downspouts. Lighting: No light poles are proposed for the site. Minimal wall mounted lighting is proposed to keep the site low key to the surrounding residential. Lighting is proposed at ground level throughout the shrubbery areas of the site along Trophy Club Drive and Municipal Drives. On the south side of the building (facing residential on Jennifer Ct.) two wall mounted light fixtures are planned beside the patio door. Four ornamental exterior wall mounted light fixtures are planned beside the bay doors on the east/west elevations. Retaining Wall/Fencing Between Residential and Fire Station Site: There is an existing wood fence between the Fire Station Site and the three residential properties to the south. This wood fence will be replaced with an engineered retaining wall made of brick and stone veneered concrete and graduating in height to a maximum of approximately 9-ft. above grade. An 8-ft. wood picket fence with 3” galvanized metal posts will be placed on top of the retaining wall. The maintenance of the wall/fence will be shared between the property owner on Jennifer Ct. and the Fire Station site owner. Center Medians: There are two center medians on Trophy Club Drive that will be affected by the building of this new fire station. The “north” median at Trophy Club Drive and Municipal Drive will be shortened by approximately 55-ft. to allow for the new driveway that will provide ingress/egress to the new fire station off of Trophy Club Drive. The other affected median is just south of the existing drive off of Trophy Club Drive and it will be increased by approximately 30-ft. This will bring both medians into line with the new driveway. Both medians will be landscaped and irrigated. PUBLIC HEARING: Notification of public hearing was placed in the local newspaper on February 3, 2010. Property owners within 200-ft. of the site were notified. Staff met twice with the adjoining property owners to discuss and review these plans. “Right of Entry” agreements have been obtained (signed and notarized) from the three adjoining property owners to allow construction of the retaining wall/wood fence between the two properties. An email of support was received on February 26, 2010, from the resident at 111 Summit Cove. A copy of the email is included with this packet. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item on February 18, 2010, and made the following motion: Commissioner Ashby motioned to recommend approval to the Town Council of the Site Plan, Landscape Plan and Plant List, Irrigation, and Building Elevations. The motion was seconded by Commissioner Davidson. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Town Council 99 of 214 Meeting Date: March 8, 2010 Nays: None Action: 7-0, Approved Excerpt from the Planning and Zoning Commission minutes are attached. STAFF FINDINGS: The site plan meets or exceeds the minimum requirements as set forth in the Zoning Ordinance and Subdivision Regulations of the Town. The infrastructure construction plans have been reviewed and approved by the Town Engineer (as required prior to placement of the site plan on a P&Z agenda) and a memo of approval from the Town Engineer is enclosed. The current population of the Town is approximately 7,810 and is estimated to grow to 15,000 residents at build out which is anticipated to be approximately 2025. Trophy Club currently has 2,695 residential rooftops which is anticipated to increase to 4,200 rooftops at build out in 2025. This site is centrally located in the Town. It is approximately 3 miles to either end of Town – equidistance – which is critical to providing comprehensive emergency services and fire safety coverage to the Town since an extension road is not a possibility in the near future. Staff recommends approval of the Fire Station Site Plan, Landscape and Irrigation Plan, and Building Elevations. (ch) Attachments: Application Town Engineer Approval Public Hearing and Property Owner Notices Email in Support Excerpt from Planning & Zoning Commission Meeting Minutes Hard Copies: Site Plan (Sheet C1.2) Landscape and Irrigation Plan (Sheets C2.1 and C2.2) Building Elevations (Sheet A2.1) Retaining Wall and Wood Fence (Sheet C1.1) Center Median Revisions (Sheet C1.3) Town Council 100 of 214 Meeting Date: March 8, 2010 O:\TRO 09106\Trophy Club Fire Station No.1 -4th Review.doc TEAGUE NALL AND PERKINS Consulting Engineers 1100 MACON STREET FORT WORTH, TEXAS 76102 817-336-5773 FAX 817-336-2813 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: February 10, 2010 Re: Trophy Club Fire Station No. 1 – 4th/Final Plan Review (Construction Plans) The construction plans prepared by Brown Reynolds Watford (BRW) and transmitted on January 25, 2010 have been revised and updated to reflect the Town comments. Town Council 101 of 214 Meeting Date: March 8, 2010 To w n Co u n c i l 10 2 of 21 4 Me e t i n g Da t e : Ma r c h 8, 20 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: February 1, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ February 3, 2010 SUBJECT: Trophy Club Fire Station No. 1 Site Plan NOTICE OF PUBLIC HEARING TROPHY CLUB PLANNING & ZONING COMMISSION Thursday, February 18, 2010 TROPHY CLUB TOWN COUNCIL Monday, March 1, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, February 18, 2010, to consider a site plan for a new fire station to be located on Lot 1, Block 1, Municipal Utility District No. 1 Complex, at the southwest corner of Trophy Club Drive and Municipal Drive. Applicant: Municipal Utility District No. 1. (Case No. SP-09-011) A Public Hearing for this request will be held by the Town Council of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Monday, March 1, 2010. Town Council 103 of 214 Meeting Date: March 8, 2010 T o w n C o u n c i l 1 0 4 o f 2 1 4 M e e t i n g D a t e : M a r c h 8 , 2 0 1 0 Planning and Zoning Commission Minutes February 18, 2009 Discussion of Fire Station Site Plan and Accompanying Documents Danny Thomas, Fire Chief, stated that they are bringing this project before the Commissioners and that it has been a long time in coming – four years. The drawings before the Commissioners are what are proposed for the present site. The architectural firm of Brown Reynolds Watford is represented by Ray Holiday and Matt Faulkner. Mr. Faulkner and Mr. Holiday came forward. Mr. Holiday gave a PowerPoint Presentation of the proposed new Fire Station which will be located at Trophy Club Drive and Municipal Drive. Mr. Holiday pointed out the visitor parking and employee parking, expanded curb cut along Trophy Club Drive, and a retaining wall between the Fire Station and the residents to the south with a wood fence on top of the retaining wall. He showed renderings of the building. There is a standing seam metal roof with galvanized downspouts which should not require maintenance or painting for years to come. The facility consists of 3 truck bays, 80-ft. long, which allows for various combinations of vehicle stacking within the truck bay. Mr. Holiday pointed out the administration area of the building with a main entrance with vestibule, offices, conference room, restroom and break room. The public area of the building has restrooms and a large conference room that can be used as a training room. The public area is secured from the rest of the Fire Station. There are offices and living areas on the remainder of the first floor with the living areas consisting of a day room with a kitchen and small eating area off of the day room. Upstairs are bedrooms, restrooms and storage areas. Mr. Holiday pointed out the pull-through bays, lighting, and trench drains in the floor. He stated that there is an open kitchen plan with a large food preparation area with food pantries for the different shifts. There are a number of safety elements built into the system such as a fire sprinkler system, alarm system and smoke and carbon monoxide detectors. There is a communication room, emergency generator and ATS. The UPS is a battery backup so that if power is lost the building goes to battery for about 30 seconds until the generator gets up enough RPM’s to run the building. Chairman Hill asked for confirmation of the parking, stating that the parking to the east is for public access, i.e., visitor parking and parking on the west side of the building will be for employee parking with the driveway off of the west side parking for the fire trucks to have an entrance to the apparatus bays. Mr. Holiday confirmed that the west side drive doubles as an access to employee parking and an entrance to the vehicle bays. The trucks will exit onto Trophy Club Drive. Chairman Hill asked if there is a new cut in the median on Trophy Club Drive. Mr. Holiday stated that there is an existing cut in the median on Trophy Club Drive, but the cut will be widened. The northern median will be cut back and the southern median will be increased a little bit. Town Council 105 of 214 Meeting Date: March 8, 2010 Vice Chairman Stephens asked if there is enough room for the fire trucks to turn south onto Trophy Club Drive out of the new drive. Mr. Holiday responded that there is a long driveway and they will swing over on the driveway to exit southbound onto Trophy Club Drive. If the truck pulled straight out there would be a little bit of a problem. Commissioner Sheridan asked if the radius of turn will accommodate vehicles in the future (if they get bigger and longer). Chief Thomas responded that with the existing station they pull out of the far north end of the building with the ladder truck, and the new driveway will make the turning radius to get onto Trophy Club Drive much more accessible. Commissioner Forest and Reed did not have any comments. Commissioner Ashby stated that he likes the design of the building and thinks it looks nice. Commissioner Davidson stated that there is a line drawn on the plans to the left side entrance of the bays. He asked if that is for drainage. Mr. Holiday explained that it is a trench drain since the driveway slopes down to a low point at the truck bays and then rises back up so that there is no possibility of water getting into the truck bays. Commissioner Davidson asked where that water goes. Mr. Faulkner stated that it goes underground and up to the north side of the building and then east along Municipal Drive and ties into the existing storm sewer system that runs along Trophy Club Drive. Commissioner Davidson asked for the size of the drain, stating that the concern is that a fair amount of concrete is being added to that area, plus the roofline, as compared to the existing large lot of trees, so the drainage is going to be fairly significant. Mr. Faulkner stated that it is a 12-inch wide, 12-inch deep trench drain and it ties into a 15- inch diameter underground pipe. There is also an area inlet that picks up some drainage. These flow north to Municipal Drive then east to the existing storm sewer along Trophy Club Drive. Commissioner Davidson asked if there is enough slope to do that. Mr. Faulkner responded that there is a 20-ft. drop from northwest corner to southeast corner. Commissioner Davidson responded that he understands that drop but what about the flow from the trench drain to Municipal Drive. Mr. Faulkner stated that there will be enough height. Commissioner Davidson stated that there is a very large retaining wall along the edge of the property, which he understands is necessary, but any residual water that runs off the building has got to be collected and moved off that wall. Mr. Faulkner agreed and stated that if the water were to build up in any way there is a small swale that runs along the south side of the property that dumps out onto Trophy Club Drive. Commissioner Davidson stated that Mr. Holiday mentioned that there is a UPS inside the building run through an automatic transfer switch (ATS) which means there is a generator. Where is the location of the generator? Mr. Faulkner pointed out the location of the generator which is on a concrete pad on the southwest corner of the site. Commissioner Davidson asked if it has an acoustic housing. Mr. Holiday stated that it is Town Council 106 of 214 Meeting Date: March 8, 2010 a standalone system and has a muffler system. Commissioner Davidson asked if it will be diesel, gas, natural gas….? Chief Thomas responded that it will be diesel. He stated that there is currently a 100 kilowatt diesel generator serving the building which is fairly quiet. Commissioner Davidson asked if there is an environmental muffler on it. Mr. Holiday stated that it is required. Chairman Hill asked if the public area of the Fire Station will be held exclusively for the Fire Department or if there will be access for other Town functions. Chief Thomas stated that it is could be used for small community service meetings. The conference room seats approximately 35. [Immediate Fire Station parking is limited to 18 spaces, one of which is handicap accessible.] Commissioner Ashby asked if there is a pole. [Lots of laughter] Mr. Holiday stated that question comes up in every project and due to insurance requirements and lawsuits, unfortunately, there is no pole. The grade school kids wish there were poles but in this day and age, unfortunately, there are few stations with them. Commissioner Forest asked for the purpose of the tower. Mr. Holiday stated that the design of the station draws from the historic fire stations of years past. Many stations, before the turn of the century, had towers which were used to dry hoses. In today’s technology the hoses are synthetic and don’t need to be dried like they used to, but the tower is retained as a symbolic element of a fire station and gives a quick icon of recognition to the public that the building is a fire facility. Commissioner Forest asked what will be in the tower. Mr. Holiday responded that the first floor of the tower is part of the administration area and the second floor is storage. There is an access stair ladder in the tower that ascends to a platform and there are lights in that part of the tower to light the tower as a beacon. Chief Thomas stated that there will also be communication antennas in that area of the tower along with weather instruments. Commissioner Sheridan stated that he emailed questions regarding energy efficiency of the site plan to Ms. Huggins and would the architect answer those questions. The architect asked for help in recalling the specific questions. Commissioner Sheridan stated that he asked if any consideration was given to using a pervious material for the parking areas to not force the storm water off the property using big pipes, as currently proposed, but detain the water for water conservation onsite as much as possible. Mr. Holiday stated that they tend to do that with large parking areas, but with the weight of the trucks the civil engineer usually does not advise that. Commissioner Sheridan stated that he would agree with the civil engineer regarding driveways and that’s why he specifically asked about the parking but not the driveways. Commissioner Sheridan asked if there has been any conscious movement toward trying to conserve energy and follow any of the green building codes. The Town has not upgraded their codes because there isn’t a need – the Town is too small – but that doesn’t mean that the energy codes are not good codes. They should at least be considered. Mr. Holiday responded that ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers), which is a society that governs codes – Town Council 107 of 214 Meeting Date: March 8, 2010 mechanical, heating, ventilation, air conditioning – sets a minimum standard that must be met on commercial and residential buildings. This building is not the bare minimum of those codes nor the very top because of budget and economy. This project is not a LEED (Leadership in Environmental Energy Design). There are many elements that were incorporated into the building – R30 insulation in the roofs, 19 in the walls -- a low coefficient of heat gain and loss in the windows with a very good glass product that reduces any heat gain or loss. LEED was not pursued because of the expense, but there are elements of this building that are cost effective and give a good value to the building. There are different levels of LEED. Commissioner Sheridan stopped Mr. Holiday to state that he didn’t expect the building to be LEED qualified but he was interested to know if there was an attempt to use LEED guidelines towards doing some energy efficiency. Commissioner Sheridan stated that in his email he also asked about a wind sensor for the sprinkler system so that in a high wind the sprinklers wouldn’t go off and water the street. He stated that his questions were specifically based on the site plan, since that is the agenda item being considered this evening and that he wanted to see addressed some of the newer products coming into vogue for conservation such as rain and temperature gauges more so than the building. Commissioner Sheridan stated that he had forwarded the email to Ms. Huggins a couple of days ahead of time to give the architect time to address his questions and he stated that he is upset that the architect didn’t even mention it. Mr. Holiday responded that he got it and reviewed it but they were unsure of the format of how to address the questions. Mr. Holiday stated that in regard to sensors, he is a licensed irrigator in Texas and the way that the rain sensors work is that if a certain amount of rain occurs the irrigation system will kick off so that sprinklers aren’t going when it is raining. Temperature sensors usually turn off the irrigation system when the temperature falls below a certain degree – Mr. Holiday believed it was 48 degrees. A wind sensor is normally set to 5 a.m. – which is usually a time when wind is not occurring – and it is usually not an issue. Commissioner Sheridan stated that he is upset that his questions were disregarded but doesn’t want to pursue this discussion further at this time. Chairman Hill asked the Town Engineer, Tom Rutledge, if he had any comments. Mr. Rutledge stated that he went through several reviews with the architect and they have addressed all outstanding comments. There was no further discussion or comments and Chairman Hill called for a motion. Town Council 108 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-113-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding the Audit and Annual Financial Report dated September 30, 2009. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Attachments: Action ByDate Action ResultVer. Town Council 109 of 214 Meeting Date: March 8, 2010 12010-113-T Version:File #: Title Consider and take appropriate action regarding the Audit and Annual Financial Report dated September 30, 2009. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Body The Town's independent auditor, Weaver and Tidwell, L.L.P., completed the annual audit of the basic financial statements of the Town of Trophy Club as of and for the year ended September 30, 2009. They have also issued a report dated March 8, 2010 on their consideration of the Town'sinternal controls overfinancial reporting and their tests of compliance with certain provisions of laws, regulations, contracts, and grants. RECOMMENDATION: Management recommends acceptance of the audit Attachments: 1. Management Letter and Internal Audit Findings Town Council 110 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-139-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/2/2010 Town Council On agenda:Final action:3/8/2010 Title:Review, consider and take appropriate action regarding the timetable and regarding authorization for the Town's Financial Advisor, Southwest Securities, the Town's Bond Counsel, Vinson & Elkins, and Town officials to proceed with the bond issuance process related to the $5 million Park Improvements. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Attachments:Timetable_Comp Sale 4-26-10 (2).pdf Action ByDate Action ResultVer. Town Council 111 of 214 Meeting Date: March 8, 2010 12010-139-T Version:File #: Title Review, consider and take appropriate action regarding the timetable and regarding authorization for the Town's Financial Advisor, Southwest Securities, the Town's Bond Counsel, Vinson & Elkins, and Town officials to proceed with the bond issuance process related to the $5 million Park Improvements. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Body On November3, 2009 voters approveda $5 million bond election for park improvements. The attached timetable details the bond issuance process going forwardwith the plan to reviewcompetitive bids and authorize sale of the bonds at the April 26, 2010 regular Council meeting. On January 19, 2010, the Council approveda reimbursementresolution enabling Management to go forward with some of the preliminary expenses associated with the park projects. The Resolution allows us to use a portion of our General Fund unallocated fund balance and reimburse those expenditures with the proceeds of the bonds, once issued. The bonds are scheduled to be issued at the April 26, 2010 Council Meeting. Town Council 112 of 214 Meeting Date: March 8, 2010 TOWN OF TROPHY CLUB, TEXAS $5,000,000 GENERAL OBLIGATION BONDS, SERIES 2010 Timetable March 2, 2010 Proposed Date Action 02-24-10 (F) Southwest Securities (SWS) submits proposed timetable to Town for review/approval 03-03-10 (W) SWS submits Official Statement Request for Information (RFI) to Town officials 03-08-10 (M) Regular Council meeting to review timetable and authorize SWS, Bond Counsel and Town officials to proceed with the issuance process 03-17-10 (W) SWS receives completed RFI and related documents from the Town 03-31-10 (W) SWS submits initial draft of POS/NOS to all parties for review 04-07-10 (W) SWS receives comments on POS/NOS from all parties 04-08-10 (Th) SWS Submits POS/NOS and financing documents to rating agencies and insurance providers w/o 4-11 Schedule rating meetings/tour with Moody’s and S&P 04-13-10 (T) SWS Sends Notice of Sale information to Municipal Advisory Council for publication in Bond Reporter Competitive Sale Calendar and Conditions of Sale sections 04-19-10 (M) Post POS/NOS to the SWS Internet Website and electronically distribute POS/NOS to potential bidders in the investment community 04-20-10 (T) SWS arranges for Internet bidding on Parity and makes application for CUSIP numbers 04-22-10 (Th) Receive Moody’s and S&P underlying bond ratings 04-23-10 (F) Receive notice of qualification for insurance 04-26-10(M) Receive electronic bids for the Bonds (11:00 am) via Internet and the “i-Deal LLC PARITY” bidding program 04-26-10 (M) Regular Council meeting to review bids for the Bonds and adopt the Ordinance authorizing and selling the Bonds (7:00 pm) 04-30-10 (F) Bond Counsel submits transcript of proceedings to Attorney General for approval 05-03-10 (M) Print and distribute Final Official Statement (OS) and post Final OS to SWS website 05-17-10 (M) SWS notifies all parties of closing/delivery instructions 05-26-10 (W) Payment for and delivery of the Bonds ______________ Note: Bold entries indicate dates/actions that require the Town’s participation. Town Council 113 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-105-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Attachments: Action ByDate Action ResultVer. Recommended for ApprovalPlanning & Zoning Commission2/18/2010 1 Town Council 114 of 214 Meeting Date: March 8, 2010 12010-105-T Version:File #: Title Consider and take appropriate action regarding Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Goal #1: Safe and secure community. Provide superior Emergency Services Increase citizen involvement Town Council 115 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-77-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2010. Applicant: Dianne Rabbe, President, and Kathy Carlton, Garage Sale Chair, on behalf of Trophy Club Women's Club. Goal #1: Safe and secure community. Increase positive visibility through community policing initiatives Increase citizen involvement Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments:2010 Garage Sale Request - TC 030810.pdf Application.pdf Action ByDate Action ResultVer. Recommended for ApprovalPlanning & Zoning Commission2/18/2010 1 Pass Town Council 116 of 214 Meeting Date: March 8, 2010 12010-77-T Version:File #: Title Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2010. Applicant: Dianne Rabbe, President, and Kathy Carlton, Garage Sale Chair, on behalf of Trophy Club Women's Club. Goal #1: Safe and secure community. Increase positive visibility through community policing initiatives Increase citizen involvement Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 117 of 214 Meeting Date: March 8, 2010 TOWN COUNCIL March 8, 2010 SUBJECT: Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2010. Applicant: Dianne Rabbe, President, and Kathy Carlton, Garage Sale Chair, on behalf of Trophy Club Women's Club. STAFF COMMENTS: On behalf of the Trophy Club Women’s Club, Ms. Rabbe and Ms. Carlton are requesting permission to hold two community-wide garage sale events in Trophy Club in 2010. The Women’s Club requests waiver of the $25 per event fee. The spring garage sale will be held Saturday, April 10, 2010 and the fall sale will occur Saturday, October 9, 2010. Each event will be held from 8:00 a.m. to 2:00 p.m. and for each event, no alternate rain day is planned. As required by ordinance, the Police Chief has reviewed this request and given DPS approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: Commissioner Davidson made a motion to recommend approval to the Town Council to grant a special privilege to allow the Trophy Club Women’s Club to hold two community garage sales events – one on April 10, 2010 and the other on October 9, 2010. The Commission recommends that the Town Council allow waiver of the permit fees for these events. Commissioner Reed seconded the motion. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Approved (ch) Attachments: Application Town Council 118 of 214 Meeting Date: March 8, 2010 To w n Co u n c i l 11 9 of 21 4 Me e t i n g Da t e : Ma r c h 8, 20 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-129-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/25/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget in accordance with the Town Charter (Budget Amendment No. 2) making a supplemental appropriation for the purchase of land for a water tower, the repair and resurfacing of the small Trophy Club pool, and the use of beautification funds; and providing an effective date. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Attachments:12_NISD Real Estate K land elevated water storage site Medlin Middle School(SIGNED).pdf Ord. 2010- Amending FY 2009-10 Budget-Miscellaneous.pdf Action ByDate Action ResultVer. Town Council 120 of 214 Meeting Date: March 8, 2010 12010-129-T Version:File #: Title Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget in accordance with the Town Charter (Budget Amendment No. 2) making a supplemental appropriation for the purchase of land for a water tower, the repair and resurfacing of the small Trophy Club pool, and the use of beautification funds; and providing an effective date. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Body On November 3, 2008 the Town Council authorized the purchase of 1.723 acres from Northwest ISD for the purpose of constructing a 500,000 gallon elevated water storage facility. On June 8, 2009 the Town of Trophy Club and NISD entered into a real estate contract for the purchase of the water tower site not to exceed $108,500. The closing on the property occurred on February 26, 2010 and with closing costs, the total amount expended was $110,626. The funds to complete this transaction will come from the PID Restricted Reserve Fund. The repair and resurfacing of the pool may be funded with GASB Reserves. The total amount needed for that project is $17,400. The Town has had a beautification account for several years and has previously used funds to purchase patriotic signage and pole brackets. Additional funding in the amount of $7,852 is now needed to purchase additional banners and brackets for year round use. This item is funded with Beautification Reserves. Town Council 121 of 214 Meeting Date: March 8, 2010 Town Council 122 of 214 Meeting Date: March 8, 2010 Town Council 123 of 214 Meeting Date: March 8, 2010 Town Council 124 of 214 Meeting Date: March 8, 2010 Town Council 125 of 214 Meeting Date: March 8, 2010 Town Council 126 of 214 Meeting Date: March 8, 2010 Town Council 127 of 214 Meeting Date: March 8, 2010 Town Council 128 of 214 Meeting Date: March 8, 2010 Town Council 129 of 214 Meeting Date: March 8, 2010 Town Council 130 of 214 Meeting Date: March 8, 2010 Town Council 131 of 214 Meeting Date: March 8, 2010 Town Council 132 of 214 Meeting Date: March 8, 2010 Town Council 133 of 214 Meeting Date: March 8, 2010 Town Council 134 of 214 Meeting Date: March 8, 2010 Town Council 135 of 214 Meeting Date: March 8, 2010 Town Council 136 of 214 Meeting Date: March 8, 2010 Town Council 137 of 214 Meeting Date: March 8, 2010 Town Council 138 of 214 Meeting Date: March 8, 2010 Town Council 139 of 214 Meeting Date: March 8, 2010 Town Council 140 of 214 Meeting Date: March 8, 2010 Town Council 141 of 214 Meeting Date: March 8, 2010 Town Council 142 of 214 Meeting Date: March 8, 2010 Town Council 143 of 214 Meeting Date: March 8, 2010 Town Council 144 of 214 Meeting Date: March 8, 2010 Town Council 145 of 214 Meeting Date: March 8, 2010 Town Council 146 of 214 Meeting Date: March 8, 2010 TOWN OF TROPHY CLUB ORDINANCE NO. 2009-____ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2009-2010 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET AMENDMENT NO. 2 MAKING A SUPPLEMENTAL APPROPRIATION IN ACCORDANCE WITH THE TOWN CHARTER); PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2009-2010 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council appropriated funds for various expenditures based upon estimated revenues that the Town anticipated during the current fiscal year; and WHEREAS, On November 3, 2008 the Town Council authorized the purchase of 1.723 acres from Northwest ISD for the purpose of constructing a 500,000 gallon elevated water storage facility (hereinafter “Property”), on June 8, 2009 the Town of Trophy Club and NISD entered into a real estate contract for the purchase of the water tower site; and on February 26, 2010, the sale of the property was finalized and funds in the amount of $110,626.00 were paid for the land and associated closing costs for the sale; and WHEREAS, the funds to complete the purchase of the Property will be paid from the PID Restricted Reserve Fund; and WHEREAS, the repair and resurfacing of the small Trophy Club community pool is an infrastructure repair for which funds are held as GASB Reserves; and WHEREAS, the repair and resurfacing of the small pool qualifies for the expenditure of GASB funds, and GASB contains sufficient funds to cover the needed repairs; and ORDINANCE NO. 2010- File ID 129 1 Town Council 147 of 214 Meeting Date: March 8, 2010 WHEREAS, the Town has maintained a beautification fund for several years; and WHEREAS, the Town has previously used beautification funds for the purchase of patriotic signage and pole brackets; and WHEREAS, $7,852 is needed to purchase additional banners that will allow the brackets to stay in place year around; and WHEREAS, Section 9.06 (a) of the Town Charter provides for supplemental appropriations if during the fiscal year the Town Manager certifies that revenues in excess of those estimated in the budget are available for appropriation; and WHEREAS, upon a certification of excess revenues by the Town Manager, the Council by ordinance may make supplemental appropriations for the year up to the amount of the excess revenues; and WHEREAS, the Town Manager has certified that there are available for appropriations $134.252.00 in excess revenues above those estimated in the FY 2009-2010 Budget, a copy of the Town Manager’s Certification is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, the Town Council accepts the Town Manager’s certification and recommendation and finds that in each of the foregoing circumstances, appropriations are necessary and therefore determines it appropriate to approve this Ordinance making a supplemental appropriation of $135.878.00 as Amendment No. 2 to the FY 2009-2010 Budget as more specifically set forth in Exhibit “B”, attached hereto; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend the FY 2009-2010 Budget as set forth in Exhibit “B” due to the receipt of additional revenues; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “B”, will serve in the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; ORDINANCE NO. 2010- File ID 129 2 Town Council 148 of 214 Meeting Date: March 8, 2010 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 The Town of Trophy Club, Texas, Fiscal Year 2009-2010 Budget is hereby amended to provide for a supplemental appropriation in the amount of $135.878.00 as set forth in Exhibit “B”, a copy of which is attached hereto and incorporated herein. This Amendment No. 2 (Exhibit “B”) to the Original FY 2009-2010 Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2009- 2010 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first budget amendment that has occurred since the October 1, 2009 effective date of the Town’s Fiscal Year 2009-2010 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2009-2010 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. 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 portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORDINANCE NO. 2010- File ID 129 3 Town Council 149 of 214 Meeting Date: March 8, 2010 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. 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 8th day of March, 2010. _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _________________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORDINANCE NO. 2010- File ID 129 4 Town Council 150 of 214 Meeting Date: March 8, 2010 Town Council 151 of 214 Meeting Date: March 8, 2010 ORDINANCE NO. 2010- File ID 129 6 Exhibit “B” Town of Trophy Club   Budget Amendment No. 2    The Fiscal Year 2009‐2010 General Fund Revenue and Expenditure  Budget Increases of $110,626 is for the purchase of property to locate a  water tower and the $7,852 is for median banners.                                           Original Budget    Amendment     Amended Budget      Revenue:  Allocation of PID Developers  Contribution Reserve        $         ‐0‐             $ 110,626                   $ 110,626  Allocation of Beautification  Reserve             $         ‐0‐             $     7,852                  $     7,852    Expenditure:  Land Acquisition           $         ‐0‐             $   110,626                 $ 110,626  Median Banners                   $         ‐0‐             $     7,852                   $     7,852      The Fiscal Year 2009‐2010 Capital Projects Fund Revenue and  Expenditure Budget Increase of $17,400 is for the repair and resurfacing  of the small Trophy Club community pool.                                          Original Budget    Amendment     Amended Budget      Revenue:  Allocation of GASB   Reserve    $         ‐0‐             $ 17,400                   $ 17,400    Expenditure:  Resurfacing of Pool $         ‐0‐             $ 17,400                   $ 17,400      Town Council 152 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-140-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/2/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 3) making appropriations for the cost of the November, 2009 park bond election and for costs associated with the expansion of the parking lot at Harmony Park. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Attachments:Ord. 2010- Amending FY 2009-10 Budget-Parks and Election.pdf Action ByDate Action ResultVer. Town Council 153 of 214 Meeting Date: March 8, 2010 12010-140-T Version:File #: Title Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 3) making appropriations for the cost of the November, 2009 park bond election and for costs associated with the expansion of the parking lot at Harmony Park. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Body On August 17, 2009, the Town Council approved an ordinance calling a November, 2009 park bond election. The costs of that election exceeded the amount budgeted for election expenses. The costs for the election were $13,300. The Town Council previously approved an EDC4A project for the construction of various capital improvements at Harmony Park. The scope of the parking lot expansion was increased from 40 spaces to 80 spaces which caused the overall cost to increase. The increase in construction costs was $13,800. Town Council 154 of 214 Meeting Date: March 8, 2010 TOWN OF TROPHY CLUB ORDINANCE NO. 2010- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2009-2010 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET AMENDMENT NO. 3); PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2009-2010 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council appropriated funds for parks and election expenses based upon prior year experience and estimated costs of projects; and WHEREAS, on August 17, 2009 Town Council approved Ordinance 2009- 19 calling for a special election for the purpose of determining whether the residents of the Town would approve the issuance of bonds to fund various new amenities and improvements to the Town’s parks; and WHEREAS, at the time of adoption of the FY 2009-2010 budget, the Town did not anticipate the holding of a special November Election and thus did not appropriate funds for the costs of that election; and WHEREAS, the cost of providing the Town election exceeded the amount available in the Town Manager’s Office budget for Election expenses; and WHEREAS, the Town Council previously approved an EDC4A project for various capital improvements within Harmony Park; and WHEREAS, the original scope of the project included a forty space parking lot, however, it was deemed prudent to expand the size of the parking lot to eighty spaces; and WHEREAS, the expansion caused an overage in the original cost estimate; and ORDINANCE NO. 2010-File 140 1 Town Council 155 of 214 Meeting Date: March 8, 2010 WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend specific line items due to the unforeseen costs described herein that occurred with the Town election expenses and park improvements and which impacted the line items specified below; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “A”, will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; 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 The Town of Trophy Club, Texas, Fiscal Year 2009-2010 Budget is hereby amended to fund the line items as stated in Exhibit “A”, a copy of which is attached hereto and incorporated herein. This Amendment No. 3 (Exhibit “A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2009-2010 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the third budget amendment that has occurred since the October 1, 2009 effective date of the Town’s Fiscal Year 2009-2010 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2009-2010 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, ORDINANCE NO. 2010-File 140 2 Town Council 156 of 214 Meeting Date: March 8, 2010 not in conflict with the provisions of this Ordinance, shall remain 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 portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. 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 8th day of March, 2010. _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _________________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] ORDINANCE NO. 2010-File 140 3 Town Council 157 of 214 Meeting Date: March 8, 2010 _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORDINANCE NO. 2010-File 140 4 Town Council 158 of 214 Meeting Date: March 8, 2010 ORDINANCE NO. 2010-File 140 5 Exhibit “A” Town of Trophy Club Budget Amendment No. 3 The Fiscal Year 2009-2010 General Fund Expenditure Budget Increase specified below is a result of costs associated with the November, 2009 Park Bond Election and the completion of the expansion of the Harmony Park parking lot. Original Budget Amendment Amended Budget Election $ 10,660 $ 13,300 $ 23,960 Harmony Park Capital Expense $ -0- $ 13,800 $ 13,800 Town Council 159 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-138-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/2/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and provide input regarding Freedom Park amenity options, establishing a construction schedule, and funding options. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Attachments:2010-03-01 Cost Opinion-Option A.pdf OPTION A.pdf 2010-03-01 Cost Opinion-Option B.pdf OPTION B.pdf 2010-03-01 Cost Opinion-Option C.pdf OPTION C.pdf Action ByDate Action ResultVer. Town Council 160 of 214 Meeting Date: March 8, 2010 12010-138-T Version:File #: Title Consider and provide input regarding Freedom Park amenity options, establishing a construction schedule, and funding options. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Body Please find attached 3 separate cost opinions and exhibits as follows: Option A - This option includes the dog park, parking lot, practice field, restroom, pavilion, and landscape/irrigation Option B - This option includes the dog park, parking lot, and landscape/irrigation Option C - This option includes the dog park, parking lot, tee ball fields, restroom, pavilion, and landscape/irrigation and small practice field Town Council 161 of 214 Meeting Date: March 8, 2010 PROJECT:DATE: 3/1/2010 Dog Park, Parking, Landscape/Irrigation, Restroom, Pavilion TNP JOB # TRO09140 ITEM DESCRIPTION TOTAL I SITE IMPROVEMENTS & LANDSCAPE/IRRIGATION $700,000.00 II DOG PARK IMPROVEMENTS & LANDSCAPE/IRRIGATION $340,000.00 III BUILDING IMPROVEMENTS (BATHROOM) & UTILITIES $270,000.00 IV PAVILION $50,000.00 $1,360,000.00 OPINION OF PROBABLE CONSTRUCTION COST Improvements to Town of Trophy Club Northeast Park - Option A TOTAL CONSTRUCTION COST Town Council 162 of 214 Meeting Date: March 8, 2010 Northeast Park OPTION A Town Council 163 of 214 Meeting Date: March 8, 2010 PROJECT:DATE: 3/1/2010 Dog Park, Parking, Landscape/Irrigation TNP JOB # TRO09140 ITEM DESCRIPTION TOTAL I PARKING LOT IMPROVEMENTS $415,000.00 II DOG PARK IMPROVEMENTS & LANDSCAPE/IRRIGATION $320,000.00 $735,000.00 OPINION OF PROBABLE CONSTRUCTION COST Improvements to Town of Trophy Club Northeast Park - Option B TOTAL CONSTRUCTION COST Town Council 164 of 214 Meeting Date: March 8, 2010 Northeast Park OPTION B Town Council 165 of 214 Meeting Date: March 8, 2010 PROJECT:DATE: 3/1/2010 Dog Park, Parking, Landscape/Irrigation, Restroom, Pavilion, Tee Ball Fields TNP JOB # TRO09140 ITEM DESCRIPTION TOTAL I SITE IMPROVEMENTS & LANDSCAPE/IRRIGATION $970,000.00 II DOG PARK IMPROVEMENTS & LANDSCAPE/IRRIGATION $370,000.00 III BALL FIELDS $290,000.00 IV BUILDING IMPROVEMENTS (BATHROOM) & UTILITIES $270,000.00 V PAVILION $50,000.00 $1,950,000.00 OPINION OF PROBABLE CONSTRUCTION COST Improvements to Town of Trophy Club Northeast Park - Option C TOTAL CONSTRUCTION COST Town Council 166 of 214 Meeting Date: March 8, 2010 Northeast Park OPTION C Town Council 167 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-128-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/25/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate regarding the award/rejection of bids for the Spray Pad, apparent low bidder Ridgemont Company, in an amount not to exceed $1,198,712 and authorizing Town Manager Emmons or his designee to execute all necessary documents. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Attachments:TNP_Splashpark.pdf Trophy Club Splash Park - Record of Bidders.pdf Action ByDate Action ResultVer. Town Council 168 of 214 Meeting Date: March 8, 2010 12010-128-T Version:File #: Title Consider and take appropriate regarding the award/rejection of bids for the Spray Pad, apparent low bidder Ridgemont Company, in an amount not to exceed $1,198,712 and authorizing Town Manager Emmons or his designee to execute all necessary documents. Goal #5: A community in which the infrastructure supports its residents Build a premier parks system Attracts visitors to park destinations Goal #6: Vibrant, inclusive community with involved, caring residents Provide superior customer services Promote and support active lifestyle Town Council 169 of 214 Meeting Date: March 8, 2010 T o w n C o u n c i l 1 7 0 o f 2 1 4 M e e t i n g D a t e : M a r c h 8 , 2 0 1 0 TO W N O F T R O P H Y C L U B SP L A S H P A D I M P R O V E M E N T S TU E S D A Y , F E B R U A R Y 2 3 , 2 0 1 0 BI D D E R S BA S E B I D A L T . 1 AL T . 2 AL T . 3 AL T . 4 AL T . 5 AL T . 6 ALT. 7 ALT. 8 ALT. 9 ALT. 10 CAL/FINAL 1 2 3 DAYS Ri d g e m o n t C o m m e r c i a l C o n s t . X X X $ 1 , 1 4 7 , 0 0 0 $ 5 , 2 5 0 $ 3 2 , 3 9 2 $ 2 3 , 5 0 9 $ 9 , 4 2 4 $5 , 9 3 1 - $ 1 2 , 4 5 8 $ 2 2 , 5 4 8 $ 7 , 1 4 0 $7,350 $7,350 105/120 No r t h T e x a s C o n t r a c t i n g X X X $ 1 , 2 4 4 , 0 0 0 $ 4 5 , 0 0 0 $ 3 4 , 0 0 0 $ 2 5 , 0 0 0 $ 1 0 , 0 0 0 $ 6 , 5 0 0 - $ 6 , 0 0 0 $ 2 0 , 0 0 0 $ 9 , 5 0 0 $9,500 $4,700 160/170 2L C o n s t r u c t i o n , L L C X X X $ 1 , 2 9 0 , 0 0 0 N o B i d $ 3 8 , 0 0 0 $ 2 7 , 0 0 0 $ 1 1 , 0 0 0 $ 7 , 0 0 0 - $ 1 6 , 5 0 0 $ 7 3 , 0 0 0 $ 1 5 , 5 0 0 $ 1 0 , 5 0 0 $ 5 , 2 0 0 1 6 0 / 2 2 0 St e e l e - F r e e m a n , I n c . X X X $ 1 , 3 1 0 , 0 0 0 N o B i d $ 3 4 , 6 0 0 $ 2 5 , 1 0 0 $ 1 0 , 0 0 0 $ 6 , 4 0 0 - $ 1 5 , 4 0 0 $ 1 8 , 5 0 0 $ 1 0 , 4 0 0 $ 9 , 7 0 0 $4,800 150/30 No r t h s t a r C o n s t r u c t i o n , I n c . X X X $ 1 , 3 8 9 , 5 0 0 $ 5 8 , 0 0 0 $ 3 7 , 0 0 0 $ 2 7 , 0 0 0 $ 1 1 , 0 0 0 $ 7 , 0 0 0 - $ 5 , 3 0 0 $ 1 3 , 0 0 0 $ 1 1 , 0 0 0 $ 8 , 0 0 0 $ 1 3 , 0 0 0 1 6 0 Si t e P l a n n i n g S i t e D e v e l o p m e n t X X X $ 1 , 4 5 1 , 2 4 0 N o B i d $ 3 2 , 2 4 0 $ 2 3 , 6 1 0 $ 9 , 5 4 5 $6 , 1 5 0 - $ 1 1 , 8 6 5 $ 4 0 , 0 4 5 $ 6 , 4 0 5 $6,500 $6,500 9 5 / 1 0 8 Te x a s W a t e r w o r k s X X X $ 1 , 4 5 3 , 8 5 6 $ 3 7 , 6 9 6 $ 3 8 , 8 7 1 $ 2 8 , 2 1 1 $ 1 1 , 3 0 9 $ 7 , 1 1 5 - $ 1 7 , 2 9 9 $ 1 2 , 2 3 0 $ 3 1 , 4 0 0 $ 1 0 , 8 3 6 $ 5 , 3 5 7 1 3 5 / 1 5 0 AD D E N D U M To w n Co u n c i l 17 1 of 21 4 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-93-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding the purchase of a 2011 Ford F250 XL Super Crew Truck for the Parks department, and authorizing the Mayor or her designee to execute necessary documents. Goal #4: Picturesque Town Goal #5: A community in which the infrastructure supports its residents Attachments:Truck Quote.pdf Action ByDate Action ResultVer. Town Council 172 of 214 Meeting Date: March 8, 2010 12010-93-T Version:File #: Title Consider and take appropriate action regarding the purchase of a 2011 Ford F250 XL Super Crew Truck for the Parks department, and authorizing the Mayor or her designee to execute necessary documents. Goal #4: Picturesque Town Goal #5: A community in which the infrastructure supports its residents Body The Town has budgeted $20,000 for the vehicle with EDCA designating an additional 6,000 to the vehicle. Staff received additional bids from Chevrolet and Dodge from different vendors with the quotes being substantially higher in cost. Staff will appropriate the additional funds within the current budget with the total cost not to exceed $27,897. Town Council 173 of 214 Meeting Date: March 8, 2010 Town Council 174 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-134-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/26/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding the SEMO report and/or the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Attachments:Memo2Council-Option2022610.pdf Action ByDate Action ResultVer. Town Council 175 of 214 Meeting Date: March 8, 2010 12010-134-T Version:File #: Title Consider and take appropriate action regarding the SEMO report and/or the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Body Town Council 176 of 214 Meeting Date: March 8, 2010 Town Council 177 of 214 Meeting Date: March 8, 2010 Town Council 178 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-112-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action scheduling quarterly Special/Joint Sessions with Trophy Club MUD 1 as discussed on February 6, 2010. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments: Action ByDate Action ResultVer. Town Council 179 of 214 Meeting Date: March 8, 2010 12010-112-T Version:File #: Title Consider and take appropriate action scheduling quarterly Special/Joint Sessions with Trophy Club MUD 1 as discussed on February 6, 2010. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 180 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-111-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action regarding Citizen Contact Report for 2009. (Racial Profile Report) Goal #1: Safe and secure community. Maintain Trophy Club’s Low crime rate Increase positive visibility through community policing initiatives Provide superior Emergency Services Increase citizen involvement Attachments:2009 Citizen Contact Report.pdf Action ByDate Action ResultVer. Town Council 181 of 214 Meeting Date: March 8, 2010 12010-111-T Version:File #: Title Consider and take appropriate action regarding Citizen Contact Report for 2009. (Racial Profile Report) Goal #1: Safe and secure community. Maintain Trophy Club’s Low crime rate Increase positive visibility through community policing initiatives Provide superior Emergency Services Increase citizen involvement Town Council 182 of 214 Meeting Date: March 8, 2010 Trophy Club Police Department Citizen Contact Report 2009 Town Council 183 of 214 Meeting Date: March 8, 2010 To: Mayor, Council, and Town Manager Date: February 11, 2010 From: Chief Kniffen Re: Citizen Contact Report The Texas Legislature has directed Chiefs of Police and Sheriffs in Texas to collect statistics on citizen contacts and report the demographics of those statistics to their local governments by March 1st of each year. Neither the statutes nor TCLEOSE rules provide guidance as to what data set or benchmark the “racial profiling” statistics should be compared in order to accurately estimate “the prevalence of racial profiling” as required in the law. It should be noted that the statutes require two “tiers” of reporting. Tier One consists of traffic contacts only. In presenting an appraisal of our collected Tier One statistics we have prepared an analysis on traffic contacts using the data sets from Tarrant and Denton Counties (based on a post-census survey). Tier Two consists of non-traffic contacts. If an agency obtained a state grant for and/or uses video cameras in their cars, they have the option of presenting a written analysis of Tier Two data or keeping the videos for 90 days, in case there is a complaint arising from a contact. If an agency does not apply for the video camera grant (which has not been available for several years) they are required to do the same. If an agency applies for the grant and is denied, they do not have to video or report the analysis of these stops. We video all of our stops and retain the videos for 90 days. Thus, we are reporting Tier One data only. It should be noted that the number of citations provided here is based on the number of individuals charged with a traffic offense not the total number of charges brought. Town Council 184 of 214 Meeting Date: March 8, 2010 Chart A depicts the demographics of Tarrant County and Denton County in a post-year 2000 census survey. The sources of these data are found at the web sites provided below. Demographics – Tarrant County * White (a) 79.8% Black (a) 13.80% Hispanic (b) 23.90% Asian (a) 4.20% Other (a) 0.09% Male 49.80% Female 50.20% Demographics – Denton County ** White (a) 83.7% Black (a) 8.1% Hispanic (b) 17.1% Asian (a) 5.6% Other (a) 0.9% Male 50.00% Female 50.00% *http://www.tarrantcounty.com/egov/cwp/view.asp?a=703&q=425078 (a) Includes persons reporting only one race. (b) Hispanics may be of any race, so also are included in applicable race categories. **http://quickfacts.census.gov/qfd/states/48/48121.html Town Council 185 of 214 Meeting Date: March 8, 2010 2009 Traffic Stops by Race or Ethnicity The chart below shows the breakdown – by race or ethnicity – of the traffic contacts (resulting in arrests, citations, warnings, or no action) made in 2009 by the Trophy Club Police Department. It is compared to the demographic benchmarks in Chart A. Race Number Race %age Tarrant County %age Denton County %age White 2726 White 80.32%79.80% 83.70% Black 128 Black 3.77%13.80% 8.10% Hispanic 436 Hispanic 12.85%23.90% 17.10% Asian 57 Asian 1.68%4.20% 5.60% Unknown 47 Other or Unknown 1.38%0.90% 0.90% Total 3394 2009 Total Traffic Contacts 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% Percentage Tarrant County %age Denton County %age White Black Hispanic Asian Other or Unknown Town Council 186 of 214 Meeting Date: March 8, 2010 Traffic Contact Percentage by Sex The chart below shows the breakdown – by sex – of the traffic contacts (resulting in arrests, citations, and warnings) made in 2009 by the Trophy Club Police Department. It is compared to the demographic benchmarks in Chart A. Traffic Contact Percentages by Sex Percentage Tarrant County %age Denton County %age Male 59.96% 49.80% 50% Female 39.22% 50.20% 50% Unknown 0.82% 2009 Traffic Contact %age by Sex 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% Percentage Tarrant County %age Denton County %age Male Female Unknown Town Council 187 of 214 Meeting Date: March 8, 2010 Searches Another area that requires analysis is the number of searches performed, the reason for the search, and whether or not contraband was found in the search. A search can be performed for a number of reasons. In most cases, searches are performed incidental to an arrest. By statute and policy, to be reported and analyzed, the contact has to be initiated by the officer. When an officer is dispatched to an incident in which someone is already being detained (by a loss prevention officer, for example) a citizen contact report is not required. Only searches that are performed by officers initiating contact with citizens are required to be reported. Reported searches are either probable cause or consent searches. A probable cause search is performed when an officer has sufficient evidence (the odor of marijuana, for example) to justify a legal search. A consent search may be conducted, with the consent of the person contacted or when the officer has a suspicion that some contraband might be found but does not have probable cause. Either is a legal search. In 2009, the Trophy Club Police Department conducted 70 probable cause or consent searches out of 3394 citizen contacts. This means that in only 2.06% of the contacts was a search initiated by the officer. Of the searches, 39 (59.6%) were consent searches and 38 (40.4%) were probable cause searches. Contraband was found in 25 (35.8%) of the searches. Of the searches performed, 57 (61%) were white males, 13 (13.8%) were white females, 11 (11.7%) were Hispanic males, 10 (10.6%) were black males, 1 (1.1%) was a Hispanic female, and 1 (1.1%) was an Asian male. One search was performed but the demographics were indeterminate. Town Council 188 of 214 Meeting Date: March 8, 2010 Action Taken This section discloses the action taken by officers after the contact was initiated. Officers have the discretion to arrest, issue a citation, a written warning, a verbal warning, or take no enforcement action as a result of the contact. The tables and charts below reflect action taken on the 3,394 citizen contacts in 2009. It is compared to the demographic benchmarks in Chart A. 2009 Arrests From Traffic Stops Race Arrests Arrest %age Tarrant County %age Denton County %age White 23 White 85.19%79.80% 83.70% Black 0 Black 0.00%13.80% 8.10% Hispanic 4 Hispanic 14.81%23.90% 17.10% Asian 0 Asian 0.00%4.20% 5.60% Unknown 0 Other or Unknown 0.00%0.90% 0.90% 2009 Arrest %ages 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other or Unknown Arrest %age Tarrant County %age Denton County %age Town Council 189 of 214 Meeting Date: March 8, 2010 2009 Arrest and Citation From Traffic Stop Race Arrest and Citation %age Tarrant County %age Denton County %age White 18 White 66.67%79.80% 83.70% Black 4 Black 14.81%13.80% 8.10% Hispanic 5 Hispanic 18.52%23.90% 17.10% Asian 0 Asian 0.00%4.20% 5.60% Unknown 0 Other or Unknown 0.00% 0.9% 0.90% 2009 Arrest and Citation %ages 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other or Unknown %age Tarrant County %age Denton County %age Town Council 190 of 214 Meeting Date: March 8, 2010 2009 Citation Only From Traffic Stop Race Number Race %age Tarrant County %age Denton County %age White 885 White 75.45%79.80% 83.70% Black 41 Black 3.50%13.80% 8.10% Hispanic 211 Hispanic 17.99%23.90% 17.10% Asian 20 Asian 1.17%4.20% 5.60% Other or Unknown 16 Other or Unknown 1.36% 0.90% 0.90% 2009 Citation only %age 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other or Unknown %age Tarrant County %age Denton County %age Town Council 191 of 214 Meeting Date: March 8, 2010 2009 Warning Only From Traffic Stop Race Warning only Race %age Tarrant County %age Denton County %age White 1761 White 85.50%79.80% 83.70% Black 80 Black 3.79%13.80% 8.10% Hispanic 208 Hispanic 9.86%23.90% 17.10% Asian 36 Asian 1.71%4.20% 5.60% Other or Unknown 24 Other or Unknown 1.14% 0.90% 0.90% 2009 Warning %ages 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% White Black Hispanic Asian Other or Unknown %age Tarrant County %age Denton County %age Town Council 192 of 214 Meeting Date: March 8, 2010 2009 – No Action Taken In 58 of the 3394 traffic stops, no action was taken. A traffic stop may result in “no action” if the officer stops a vehicle he believes is in violation that turns out to be operated legally. An example would be if an officer observed what he believed to be an expired motor vehicle inspection sticker that, upon closer examination, turns out to be valid. In most instances like this, the individual is not identified further in order to shorten the motorists delay after being stopped by mistake. Town Council 193 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-131-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/25/2010 Town Council On agenda:Final action:3/8/2010 Title:Town Manager Emmons to provide an update on Bobcat Blvd; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Attachments:Bobcat Blvd.pdf Action ByDate Action ResultVer. Town Council 194 of 214 Meeting Date: March 8, 2010 12010-131-T Version:File #: Title Town Manager Emmons to provide an update on Bobcat Blvd; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 195 of 214 Meeting Date: March 8, 2010 To w n o f T r o p h y C l u b To w n o f T r o p h y C l u b Bo b c a t B o u l e v a r d R e p o r t Bo b c a t B o u l e v a r d R e p o r t Ma r c h 8 , 2 0 1 0 Ma r c h 8 , 2 0 1 0 To w n Co u n c i l 19 6 of 21 4 Meeting Date: March 8, 2010 Bo b c a t B o u l e v a r d Bo b c a t B o u l e v a r d i s a m u l t i - j u r i s d i c t i o n a l pr o j e c t t o h e l p a l l e v i a t e t r a f f i c c o n c e r n s re s u l t i n g f r o m t h e c o n s t r u c t i o n o f B y r o n Ne l s o n H i g h S c h o o l a n d T h e H i g h l a n d s a t Tr o p h y C l u b To w n Co u n c i l 19 7 of 21 4 Meeting Date: March 8, 2010 To w n Co u n c i l 19 8 of 21 4 Meeting Date: March 8, 2010 Pa r t i c i p a n t s • De n t o n C o u n t y - $ 1 , 5 3 0 , 0 0 0 • No r t h w e s t I S D – 4 1 . 6 % • Ce n t u r i a n A m e r i c a n – 2 2 . 2 % • Tr o p h y C l u b – 2 1 . 7 % • Ro a n o k e – 1 4 . 5 % To w n Co u n c i l 19 9 of 21 4 Meeting Date: March 8, 2010 Ph a s e I • Or i g i n a l B u d g e t - $ 4 , 7 4 7 , 4 6 5 . 0 0 • Pr o j e c t C o s t - $ 3 , 4 6 8 , 5 3 3 . 7 5 • To t a l u n d e r B u d g e t - $ 1 , 2 7 8 , 9 3 1 . 2 5 To w n Co u n c i l 20 0 of 21 4 Meeting Date: March 8, 2010 Co s t B r e a k d o w n • De n t o n C o u n t y $ 1 , 3 0 0 , 0 0 0 . 0 0 • No r t h w e s t I S D $ 7 4 7 , 4 0 6 . 0 4 • Ce n t u r i a n A m e r i c a n $ 8 9 2 , 8 0 0 . 5 9 • Tr o p h y C l u b $ 2 6 7 , 7 0 6 . 7 3 • Ro a n o k e $ 2 6 0 , 6 2 0 . 3 9 To w n Co u n c i l 20 1 of 21 4 Meeting Date: March 8, 2010 Bu d g e t • De s i g n E n g i n e e r i n g $ 3 0 4 , 8 0 5 . 1 9 • Co n s t r u c t i o n E n g i n e e r i n g $ 1 3 5 , 9 1 9 . 5 2 • Co n s t r u c t i o n $ 2 , 8 8 7 , 8 8 7 . 3 8 • St r e e t L i g h t s $ 5 3 , 1 1 1 . 0 0 • Te s t i n g $ 3 9 , 4 5 9 . 0 9 • Ga s L i n e R e l o c a t i o n $ 3 9 , 0 3 1 . 5 7 • Da y l i g h t i n g $ 8 , 3 2 0 . 0 0 To w n Co u n c i l 20 2 of 21 4 Meeting Date: March 8, 2010 Ph a s e I I • Or i g i n a l B u d g e t - $ 7 1 5 , 0 0 0 . 0 0 • Pr o j e c t e d C o s t - $ 3 7 5 , 2 7 6 . 8 8 • Pr o j e c t e d S a v i n g s - $ 3 3 9 , 7 2 3 . 1 2 To w n Co u n c i l 20 3 of 21 4 Meeting Date: March 8, 2010 Co s t B r e a k d o w n • De n t o n C o u n t y $2 3 0 , 0 0 0 . 0 0 • No r t h w e s t I S D $ 3 3 , 0 6 5 . 1 8 • Ce n t u r i a n A m e r i c a n $ 9 6 , 5 9 6 . 2 7 • Tr o p h y C l u b $ 3 , 9 8 0 . 2 8 • Ro a n o k e $ 1 1 , 6 3 5 . 1 5 To w n Co u n c i l 20 4 of 21 4 Meeting Date: March 8, 2010 Bu d g e t • De s i g n E n g i n e e r i n g $ 9 4 , 0 0 0 . 0 0 • Co n s t r u c t i o n E n g i n e e r i n g $ 1 2 , 0 0 0 . 0 0 • Co n s t r u c t i o n $ 2 6 5 , 2 7 6 . 8 8 • Te s t i n g $ 4 , 0 0 0 . 0 0 To w n Co u n c i l 20 5 of 21 4 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-137-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/1/2010 Town Council On agenda:Final action:3/8/2010 Title:Consider and take appropriate action appointing a member of Council to serve as a liaison to TCMUD No. 1; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments: Action ByDate Action ResultVer. Town Council 206 of 214 Meeting Date: March 8, 2010 12010-137-T Version:File #: Title Consider and take appropriate action appointing a member of Council to serve as a liaison to TCMUD No. 1; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Body Town Council 207 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-116-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Receive a progress report from Council Member Rose regarding the February 16, 2010 TCMUD1 Meeting; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Attachments: Action ByDate Action ResultVer. Town Council 208 of 214 Meeting Date: March 8, 2010 12010-116-T Version:File #: Title Receive a progress report from Council Member Rose regarding the February 16, 2010 TCMUD1 Meeting; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Body 1. Sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds 2. Election Agreements and Actions 3. Discussion regarding restructuring the MUD 1 Rate Order 4. Action taken based on SEMO Committee meetings and findings Town Council 209 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-115-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Attachments: Action ByDate Action ResultVer. Town Council 210 of 214 Meeting Date: March 8, 2010 12010-115-T Version:File #: Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Body Mayor White will provide a brief update on her attendance at the following meetings and events: -Northeast Tarrant County Transportation Summit -DFW Connector Groundbreaking -Town 25th Anniversary Meeting -Metroport Cities Partnership -North Texas Super Bowl XLV Host Committee Council of the Mayors -TML Budgeting Performance -Burgess Town Hall -Community Storehouse Hope dinner -Chamber Luncheon -City of Euless Roundtable -Vision North Texas Summit Town Council 211 of 214 Meeting Date: March 8, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-117-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Items for future Agendas. Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 212 of 214 Meeting Date: March 8, 2010 12010-117-T Version:File #: Title Items for future Agendas. ...Goal #6: A vibrant, inclusive community with involved, caring residents Foster a well informed community Town Council 213 of 214 Meeting Date: March 8, 2010 1. Consider and receive input for regarding options to improve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 2. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan. (Edstrom - 10/20/08 & Strother 10/19/09) 3. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 4. Item to discuss the concept for term limits for Committees. (White added on 11/2/09) 5. Consider and take appropriate action regarding an Ordinance amending Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing handbill regulations to the Ordinance.. 6. Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board. (Rose 12/7/09) 7. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose 2/1/10) 8. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 9. Consider and take appropriate action regarding placing policies and procedures access on the Town web site. (Rose 2/1/10) 10. EDC 4B Annual update on April 12, 2010 Town Council 214 of 214 Meeting Date: March 8, 2010