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Agenda Packet TC 03/21/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, March 21, 2011 Call to order and announce a quorum. WORKSHOP SESSION - 6:00 P.M. 1.2011-142-T PID Disbursement Presentation and Council Question and Answer Session. 2.2011-143-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 21, 2011. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME 7:00 P.M. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "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. 3.2011-144-T Consider and take appropriate action regarding the Minutes dated March 7, 2011. March 7, 2011 Minutes.pdfAttachments: Town Council 1 of 65 Meeting Date: March 21, 2011 March 21, 2011Town Council Meeting Agenda 4.2011-91-T Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. Arbor Day Foundation letter.pdf ORD 2011-06 Combine Tree Board and Park Board.pdf Attachments: REGULAR SESSION 5.2011-145-T Mayor White to present an annual state of the Town message, including a statement of needs and goals for the Town; discussion of same. 6.2011-156-T Discuss and take appropriate action regarding a requested proposal to enlarge the buffer zone between Independence East and Community Pool Complex and the Royal Troon Neighborhood. 7.2011-147-T Consider and take appropriate action regarding an Ordinance amending Article VIII “International Energy Conservation Code” of Chapter 3, “Buildings and Construction” of the Code of Ordinances of the Town by adopting the 2009 International Energy Conservation Code regulations for certain structures, excluding one-family and two-family residential dwellings; providing a penalty; and providing an effective date of April 1, 2011. Building Group Classifications.pdf ORD 2011-10 International Energy Conservation Code.pdf Attachments: 8.2011-146-T Consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. Staff Report - TC 032111 - Alcoholic Beverages.pdf Commercial Properties Map.pdf Attachments: 9.2011-104-T Consider and provide input regarding a Special Events Ordinance. Special Events Proposed Ordinance Language.pdf Special Events Signs.pdf Attachments: 10.2011-153-T Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Creation of a Keep Trophy Club Beautiful Committee comprised of various citizen volunteers; and providing an effective date. RES 2011-06 Adopting a Keep Trophy Club Beautiful Committee.pdfAttachments: 11.2011-154-T Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Creation of a Sustainability Committee comprised of various citizen volunteers; and providing an effective date. RES 2011-07 Adopting a Sustainability Committee.pdfAttachments: Town Council 2 of 65 Meeting Date: March 21, 2011 March 21, 2011Town Council Meeting Agenda 12.2011-148-T Consider and take appropriate action regarding financial and variance report dated February 2011. February 2011 Monthly Financial Reports.pdfAttachments: 13.2011-149-T Town Council Liaison Updates; discussion of same: - March 8, 2011 Parks & Recreation Board - Council Member Hoover - March 10, 2011 TCMUD No. 1 - Mayor Pro Tem Rose - March 14, 2011 EDC 4B - Council Member Strother 14.2011-150-T Town Manager Slye's update regarding the following; discussion of the same. - PID Voting on MUD Proposition - RFP for Financial Software 15.2011-151-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Tarrant County Obesity Prevention Meeting - pioneering healthier communities through physical activities and the nutritious foods work groups - Northwest Communities Partnership Monthly Meeting - Byron Nelson High School Techno Expo - Council Retreat - Metroport Cities Partnership Monthly Meeting 16.2011-152-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Notice is hereby given that a quorum of the Parks & Recreation Board may be in attendance at this meeting. Town Council 3 of 65 Meeting Date: March 21, 2011 March 21, 2011Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, March 17, 2011 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ______________________________ Shannon DePrater, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2011. ________________________________, Title: ___________________________ Town Council 4 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-142-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:PID Disbursement Presentation and Council Question and Answer Session. Attachments: Action ByDate Action ResultVer. TITLE PID Disbursement Presentation and Council Question and Answer Session. EXPLANATION: [Enter explanation here.] TOWN COUNCIL GOAL(S): [Enter goal(s) here.] RECOMMENDATION AND JUSTIFICATION TO COUNCIL: [Enter recommendation here.] Town Council 5 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-143-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 21, 2011. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 21, 2011. Town Council 6 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-144-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding the Minutes dated March 7, 2011. Attachments:March 7, 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated March 7, 2011. Town Council 7 of 65 Meeting Date: March 21, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 7, 2011 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 7, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Margi Cantrell Council Member Larry Hoover Council Member JD Stotts Council Member arrived at 7:40 p.m. Glenn Strother Council Member arrived at 7:35 p.m. STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Michael Aguilera Interim Finance Director April Reiling PIO / Marketing Manager Mayor White announced the date of March 7, 2011; called the workshop to order and announced a quorum at 6:05 p.m. WORKSHOP SESSION - 6:00 P.M. 1. Discussion of Council Retreat scheduled for Friday, March 11, 2011. Town Manager Slye announced that the Council Retreat has been scheduled for Friday, March 11, 2011 at 11:30 a.m. with lunch and the retreat beginning at noon. This retreat is to help define roles and responsibilities for both Council and Staff and what can be done to help both improve efficiency and quality performance that will benefit the taxpayers of Trophy Club. There will be several opportunities during the Retreat to discuss current topics and issues facing Trophy Club. 2. Introduction and discussion regarding management's internal action log. Town Manager Slye introduced management’s internal action log. The log will serve as both a working list of tasks and also help allow Staff to keep track of completed projects. Town Council 8 of 65 Meeting Date: March 21, 2011 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 7, 2011. The Town Council discussed the Regular Session Minutes agenda items and agenda item #9. Council took a short break and reconvened into Regular Session. CONVENE INTO REGULAR SESSION - START TIME 7:04 P.M. The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by Interim Finance Director Michael Aguilera. PRESENTATION 4. Chief Kniffen to present awards and commendations to Police Department personnel. The following awards were presented by Chief Kniffen:  Basic Peace Officer – Adam Watkins  Intermediate Peace Officer – Barry Sullivan and Jeff Rocha  Advanced Peace Officer – Keith Burris, Robert Mastropiero, and James Norcross  Master Peace Officer – Todd Mauthe  Police Instructor – Robert Mastropiero and Edward Beetler  Training Officer – Jeff Rocha and Robert Mastropiero  Police Training Officer – James Norcross  Educational Achievement Award – Wess Tyler and Rose Ann Sears  Bachelors Degree Award – Rose Ann Sears and Thinh Nguyen  Five Year Service Award – Robert Mastropiero, James Norcross, Keith Burris, and Jeff Rocha  Ten Year Service Award – Wess Tyler, Tony Simmons, Scott Voigt, and Wade Montgomery  Five Year Safe Driver Award – Robert Mastropiero, James Norcross, Keith Burris, and Jeff Rocha  Ten Year Safe Driver Award – Wess Tyler, Scott Voigt, and Wade Montgomery  Accident Reconstructionist – James Norcross  Police Commendation – Barry Sullivan  Officer of the Year – Ed Beetler 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. Sherry Thiltgen, 2411 Lilyfield Drive addressed the Council and expressed her concern for the buffer area between the Royal Troon Neighborhood and the park development. Julie Folley, 2407 Lilyfield Drive addressed the Council and also expressed her concern for the buffer area between the Royal Troon Neighborhood and the park development. Town Council 9 of 65 Meeting Date: March 21, 2011 Jim Thomas, 7 Meadowbrook Lane, shared he is coming before the Council as the President of the Trophy Club Municipal Utility District No. 1 Board. President Thomas gave a brief history of the elevated storage tank size discussions and the working relationship between the Town and the Trophy Club Municipal Utility District No. 1 Board. Thomas also spoke of creating a Water Efficiency Committee. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Mayor White removed items 5 & 6 from the consent agenda. 7. Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on First Financial Bank and TexPool signature accounts. Motion made by Council Member Cantrell, seconded by Mayor Pro Tem Rose, to approve Consent Agenda Item 7 as presented. Motion carried unanimously without further discussion. 5. Consider and take appropriate action regarding the Minutes dated February 7, 2011. Motion made by Mayor Pro Tem Rose, seconded by Council Member Cantrell, to approve the February 7, 2011 minutes as amended. Motion carried unanimously without further discussion. 6. Consider and take appropriate action regarding the Minutes dated February 24, 2011. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve the February 24, 2011 minutes as amended. Motion carried unanimously without further discussion. Mayor White announced that Council will move Agenda Item #9 to the March 21, 2011 Council Meeting, the letter requested from the Arbor Day Foundation has not yet been received. REGULAR SESSION 8. Consider and take appropriate action regarding a Proclamation proclaiming March 20 - 26, 2011 as Poison Prevention Week. Motion made by Council member Strother, seconded by Council member Cantrell, to approve Proclamation 2011-01. Motion carried unanimously without further discussion. 9. Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. Moved to the March 21, 2011 Town Council Meeting. Town Council 10 of 65 Meeting Date: March 21, 2011 10. Consider and take appropriate action regarding an Ordinance of the Town amending the FY 2010-2011 Budget (Budget Amendment No. 3) making a transfer of appropriations for the purpose of obtaining furniture and fixture improvements needed for the Svore Municipal Building; and providing an effective date. Town Manager Slye shared that the building and furniture upgrades are needed and will also help Staff’s morale. Salary savings have accumulated within the Town Manager’s Office Budget due to position vacancies during the first and second fiscal quarters. Motion made by Council member Hoover, seconded by Council member Stotts, to approve Ordinance 2011-09. Mayor Pro Tem Rose stated that this amendment does not require Council action and appreciates Town Manager Slye bringing it to the Council. Rose also expressed that Council is not taking any authority from Town Manager Slye when approving this Ordinance. Motion carried unanimously without further discussion. 11. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas designating funds for the purpose and intent of funding future capital maintenance and expense; and providing an effective date. Town Manager Slye stated that this Resolution will formalize Council’s direction discussed at the February 24, 2011 Town Council meeting in regards to a Fund Balance. Motion made by Council Member Cantrell, seconded by Council member Cantrell, to approve Resolution 2011-05 designating the funds for the purpose of the intent of funding future capital maintenance and expense as was set up in the budget process for 2009-2010. Motion carried unanimously without further discussion. 12. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas supporting Tarrant County in its efforts to promote obesity prevention; and providing an effective date. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve Resolution 2011-06 as presented. Motion carried unanimously without further discussion. 13. Consider and take appropriate action regarding approval of the Final Design of a Roundabout at the intersection of Trophy Club Drive and Trophy Lake Drive, authorizing the Town Manager to approve minor design changes and directing the Town Manager to provide a funding plan for the project for Council approval. Town Manager Slye requested Council take action to approve the final design of the proposed Roundabout at Trophy Club Drive and Trophy Lake Drive in order to facilitate the design specifications and bidding of the proposed project. Additionally, Slye is requesting authorization to approve minor design changes as necessary and to direct the Town Manager to provide Council with a funding plan for this project for Town Council approval. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve the Final Design of the Roundabout at the intersection of Trophy Club Drive and Trophy Lake Drive utilizing the Water Wall Design, authorizing the Town Manager to approve minor design changes and directing the Town Manager to provide a funding plan for the project for Council approval. Motion carried unanimously without further discussion. Town Council 11 of 65 Meeting Date: March 21, 2011 14. Town Manager Slye's update regarding the following; discussion of the same. - PID Disbursement Presentation - Update on Elevated Water Tower - Update on Safe Routes to School Project - Update on Independence East and Freedom Park Town Manager Slye updated the Council and addressed questions. He also formally introduced April Reiling, PIO and Marketing Manager to the Town Council. No action taken, update only. 15. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - Tarrant Regional Family Justice Center Vision Meeting - March 1, 2011 Chamber Luncheon - March 1, 2011 Town Hall Meeting Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 16. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayor White requested that two agenda items be placed on the next Council agenda; one to discuss and create a Beautification Committee and one to discuss and create a Sustainability Committee. Council convened into Executive Session at 8:32 p.m. EXECUTIVE SESSION 17. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 "Consultation with Attorney" to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act: A. Legal advice regarding the Town's maintenance bond claim with Travelers Casualty and Surety Company of America Council reconvened into Regular Session at 9:12 p.m. RECONVENE INTO REGULAR SESSION 18. Consider and take appropriate action regarding the Executive Session. Motion made by Council member Strother, seconded by Council member Stotts, to authorize the Town Manager or his designee to enter into an agreement with Travelers Casualty and Surety Company of America regarding the failures in the Highlands area and to execute all agreements as necessary. Motion carried unanimously without further discussion. Town Council 12 of 65 Meeting Date: March 21, 2011 ADJOURN Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose to Adjourn. Meeting adjourned at 9:14 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 13 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-91-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2011 Town Council On agenda:Final action:2/24/2011 Title:Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. Attachments:Arbor Day Foundation letter.pdf ORD 2011-06 Combine Tree Board and Park Board.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all references to the Tree Board as a separate Board; and providing an effective date. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 14 of 65 Meeting Date: March 21, 2011 Town Council 15 of 65 Meeting Date: March 21, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE VIII ENTITLED “TREE PRESERVATION AND REMOVAL”, OF CHAPTER 12 ENTITLED “SUBDIVISION RULES AND REGULATIONS”, AND AMENDING SECTION 1.03 ENTITLED “POWERS AND DUTIES OF THE BOARD” OF ARTICLE I ENTITLED “PARKS AND RECREATION BOARD” OF CHAPTER 9 ENTITLED “PARKS AND RECREATION” OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS TO ARTICLE I ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE PARKS AND RECREATION BOARD SERVING AS TREE BOARD AND AMENDMENTS TO ARTICLE VIII AUTHORIZING THE PARKS AND RECREATION BOARD TO SERVE AS THE TREE BOARD, AND REMOVING REFERENCES TO A SEPARATE TREE BOARD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Tree Board voted unanimously to disband and allow the Parks and Recreation Board to assume its duties upon Council approval; and WHEREAS, the Parks and Recreation Board agreed to assume the duties of the Tree Board upon Council approval and create a sub-committee addressing the specific areas of the Tree Board subsequent to that approval; and WHEREAS, the new duties assigned to the Parks and Recreation Board would allow staff to focus on this area in a more efficient manner; and WHEREAS, the Town Council finds it appropriate to adopt the amendments as proposed. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council 16 of 65 Meeting Date: March 21, 2011 SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Section 8.02 entitled “Tree Board” of Article VIII, entitled Tree Preservation and Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”, of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 8.02 entitled “Park Board to Serve as Tree Board”, of Article VIII of Chapter 12 shall be adopted and shall be and read in its entirety as follows: Section 8.02 Parks and Recreation Board to Serve as Tree Board A. Role of Parks and Recreation Board: The Parks and Recreation Board shall serve as the Tree Board for the Town (the “Board”). B. Duties and Responsibilities: It shall be the responsibility of the Board to: 1. Determine cash value for a tree replacement; 2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein; 3. Develop and approve tree lists; 4. Inform and develop an informational tree pamphlet; and 5. Hear appeals. 6. Annually develop a written plan, in conjunction with the Town Manager or his designee for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan will be presented annually to the Town Council and upon acceptance and approval, shall constitute the official comprehensive Tree Plan for the Town. The Town Manager or his designee shall be charged with carrying out the plan. 2.02 In each of the following Sections and Subsections of Article VIII entitled “Tree Preservation and Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”, the term “Tree Board” shall be replaced by the term “Board” and the remainder of those Sections and Subsections shall not be amended but shall be and read the same: Section 8.04 (A), Section 8.05 (C), Section 8.06(A)(1), Section 8.07(A) (1) and Town Council 17 of 65 Meeting Date: March 21, 2011 (A)(2), Section 8.08(C)(1)(c), Section 8.08 (G), Section 8,09(A)(6), Section 8.10(A)(2),Section 8.10 (B)(2)(b),(c) and (d), and Section 8.12. 2.03 Section 1.03 entitled “Powers and Duties of the Board” of Article I entitled “Parks And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 1.03 entitled “Powers and Duties of the Board” of Article I of Chapter 9 of the Code of Ordinances is hereby adopted and shall be and read in its entirety as follows: Section 1.03 POWERS AND DUTIES OF THE PARKS AND RECREATION BOARD A. The Parks and Recreation Board shall have the following powers and perform the following duties: 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Study and Development of Recreation and Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 3. Advisory Capacity to the Director: It shall advise The Board on problems of development of recreation areas, facilities, programs and improved recreation services. 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long-range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. Town Council 18 of 65 Meeting Date: March 21, 2011 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report semi-annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. 12. Actions of Board As a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. B. The Parks and Recreation Board shall serve as the Tree Board for the Town with those Duties and Responsibilities set forth in Article 8, “Tree Preservation and Removal” of Chapter 12, “Subdivision Rules and Regulations” of the Code of Ordinances of the Town, as amended. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Town Council 19 of 65 Meeting Date: March 21, 2011 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 this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity or unconstitutionality and that such 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 by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 21st day of March, 2011 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 20 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-145-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Mayor White to present an annual state of the Town message, including a statement of needs and goals for the Town; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Mayor White to present an annual state of the Town message, including a statement of needs and goals for the Town; discussion of same. EXPLANATION: [Enter explanation here.] TOWN COUNCIL GOAL(S): [Enter goal(s) here.] RECOMMENDATION AND JUSTIFICATION TO COUNCIL: [Enter recommendation here.] Town Council 21 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-156-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/16/2011 Town Council On agenda:Final action:3/21/2011 Title:Discuss and take appropriate action regarding a requested proposal to enlarge the buffer zone between Independence East and Community Pool Complex and the Royal Troon Neighborhood. Attachments: Action ByDate Action ResultVer. TITLE Discuss and take appropriate action regarding a requested proposal to enlarge the buffer zone between Independence East and Community Pool Complex and the Royal Troon Neighborhood. EXPLANATION This agenda item was requested at the Citizens' Presentation portion of the March 7, 2011 meeting and has been placed on the Agenda by Town Manager, Mike Slye. Town Council 22 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-147-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding an Ordinance amending Article VIII “International Energy Conservation Code” of Chapter 3, “Buildings and Construction” of the Code of Ordinances of the Town by adopting the 2009 International Energy Conservation Code regulations for certain structures, excluding one-family and two-family residential dwellings; providing a penalty; and providing an effective date of April 1, 2011. Attachments:Building Group Classifications.pdf ORD 2011-10 International Energy Conservation Code.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Article VIII “International Energy Conservation Code” of Chapter 3, “Buildings and Construction” of the Code of Ordinances of the Town by adopting the 2009 International Energy Conservation Code regulations for certain structures, excluding one-family and two-family residential dwellings; providing a penalty; and providing an effective date of April 1, 2011. EXPLANATION: The Town is required to adopt the 2009 International Energy Conservation Code for new construction, including finish out of commercial buildings but excluding one-family and two-family residential dwellings, by April 1, 2011. The Town currently operates under the 2003 International Energy Code, and those provisions and local amendments will continue to regulate construction of one-family and two family homes. Article VIII, “International Energy Conservation Code” of Chapter 3 “Buildings and Construction” of the Code of Ordinances must be amended to adopt the 2009 code provisions for commercial and other structures. Adopting the 2009 International Energy Conservation Code by April 1, 2011 will put the Town in compliance with the state’s minimum energy requirements for residential (excluding one-family and two-family residential dwellings), commercial and industrial buildings. As a municipality with much development and construction, it is important we maintain the highest standard for energy conservation while maintaining compliance with all state and local regulations. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 23 of 65 Meeting Date: March 21, 2011 Impcrtant Points • The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a given time period (1 year) is the sum of each building's value (Gross Area x Square Foot Construction Cost) for that time period (e.g., 1 year). • The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, c, d Group (2009 International Building Code) IA IB IIA liB iliA IIIB IV VA VB A-1 Assembly, theaters, with stage 211.15 203.98 198.73 190.05 178.25 173.30 183.31 162.97 156.05 A-1 Assembly, theaters, without sta~e 193.16 185.99 180.74 172.06 160.31 155.36 165.32 145.04 138.12 A-2 Assembly, nightclubs 163.22 158.56 154.17 148.00 138.96 135.24 142.52 126.06 121.36 A-2 Assembly, restaurants, bars, banquet halls 162.22 157.56 152.17 147.00 136.96 134.24 141.52 124.06 120.36 A-3 Assembly, churches 195.10 187.93 182.68 174.00 162.21 157.26 167.26 146.94 140.02 A-3 Assembly, general, community halls, libraries, museums 163.81 156.64 150.39 142.71 129.91 125.96 135.97 114.63 108.71 A-4 Assembly, arenas 192.16 184.99 178.74 171.06 158.31 154.36 164.32 143.04 137.12 B Business 164.76 158.78 153.49 145.97 132.45 127.63 139.92 116.43 110.93 E Educational 176.97 170.85 165.64 158.05 146.37 138.98 152.61 127.91 123.09 F-1 Factory and industrial, moderate hazard 97.87 93.28 87.66 84.46 75.44 72.26 80.79 62.17 58.48 F-2 Factory and industrial, low hazard 96.87 92.28 87.66 83.46 75.44 71.26 79.79 62.17 57.48 H-1 High Hazard, explosives 91.74 87.15 82.53 78.33 70.49 66.31 74.66 57.22 N.P. H234 High Hazard 91.74 87.15 82.53 78.33 70.49 66.31 74.66 57.22 52.53 H-5 HPM 164.76 158.78 153.49 145.97 132.45 127.63 139.92 116.43 110.93 1-1 Institutional, supervised environment 164.82 159.04 154.60 147.90 135.84 132.25 144.15 121.88 117.55 1-2 Institutional, hospitals 277.07 271.09 265.80 258.28 243.90 N.P. 252.23 227.88 N.P. 1-2 Institutional, nursing homes 193.00 187.02 181.74 174.22 160.98 N.P. 168.16 144.96 N.P. 1-3 Institutional, restrained 187.72 181.73 176.45 168.93 156.64 150.82 162.87 140.63 133.13 1-4 Institutional, day care facilities 164.82 159.04 154.60 147.90 135.84 132.25 144.15 121.88 117.55 M Mercantile 121.57 116.92 111.53 106.36 96.96 94.25 100.88 84.07 80.36 R-1 Residential, hotels 166.21 160.43 155.99 149.29 137.39 133.80 145.70 123.43 119.10 R-2 Residential, multiple family 139.39 133.61 129.17 122.4 7 111.23 107.64 119.54 97.27 92.94 R-3 Residential . one-and two-fami ly 131.18 127.60 124.36 121.27 116.43 113.53 117.42 108.79 101.90 R-4 Residential, care/assisted living facilities 164.82 15904 154.60 147.90 135.84 132.25 144.15 121.88 117.55 S-1 Stora~e, moderate hazard 90.74 86.15 80.53 77.33 68.49 65.31 73.66 55.22 51.53 S-2 Storage, low hazard 89.74 85.15 80.53 76.33 68.49 64.31 72.66 55.22 50.53 U Utility, miscellaneous 71.03 67.02 62.71 59.30 52.86 49.43 56.33 41.00 39.06 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq. ft. c. For shell only buildings deduct 20 percent d. N.P. = not permitted Town Council 24 of 65 Meeting Date: March 21, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SECTION 8.01 ENTITLED “ADOPTION” OF ARTICLE VIII ENTITLED “INTERNATIONAL ENERGY CONSERVATION CODE”, OF CHAPTER 3 ENTITLED “BUILDINGS AND CONSTRUCTION” OF THE CODE OF ORDINANCES OF THE TOWN TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE FOR CERTAIN STRUCTURES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF APRIL 1, 2011. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town adopted the 2003 Edition of the International Energy Conservation Code in 2004; and WHEREAS, the Texas State Energy Conservation Office (SECO) has adopted a rule to update the state’s energy codes codified in 34 TAC, 19.53. This rule will update the Texas Building Energy Performance Standards that is currently based on the 2000 International Energy Conservation Code with the 2001 Supplement. The effective implementation date of the 2009 Edition for construction other than one-family and two- family residential dwellings is to be April 1, 2011; and WHEREAS, the Town of Trophy Club Building Inspections Officials have reviewed the International Energy Conservation Code, 2009 Edition, (hereinafter “IECC”) and find that it is in the best interest of the Town of Trophy Club to adopt the 2009 Edition of the International Energy Conservation Code for all buildings and structures other than one-family and two-family residential dwellings as reflected in this Ordinance; and WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to adopt the updated 2009 Edition of the International Energy Conservation Code as specified in this Ordinance to safeguard the health, property, safety and general welfare of the citizens of the Town of Trophy Club by regulating and Town Council 25 of 65 Meeting Date: March 21, 2011 controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for residential structures within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Section 8.01 entitled “Adoption” of Article VIII, entitled “International Energy Conservation Code”, of Chapter 3 entitled “Buildings and Construction”, of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 8.01 entitled “Adoption”, of Article VIII of Chapter 3 shall be adopted and shall be and read in its entirety as follows: Section 8.01 Adoption A. 2003 Edition - One-Family and Two-Family Residential Dwellings. The Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Energy Conservation Code, 2003 Edition, published by the International Code Council, Inc., including all specific local amendments referenced in this Article, to regulate One-Family Residential dwellings and Two- Family Residential dwellings within the Town of Trophy Club. B. 2009 Edition - Commercial Buildings and Structures. The Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Energy Conservation Code, 2009 Edition, published by the International Code Council, Inc., to regulate all Commercial buildings and all structures other than One- Family Residential dwellings and Two-Family Residential dwellings identified in and subject to the 2009 Edition of the International Energy Conservation Code. One-Family and Two-Family Residential dwellings are expressly excluded from the regulations contained in the 2009 International Energy Conservation Code, and pursuant to subsection “A” shall remain regulated by the 2003 Edition of the International Energy Conservation Code. Town Council 26 of 65 Meeting Date: March 21, 2011 SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting tree preservation and removal and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council 27 of 65 Meeting Date: March 21, 2011 SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on April 1, 2011, 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 21st day of March, 2011 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council 28 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-146-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. Attachments:Staff Report - TC 032111 - Alcoholic Beverages.pdf Commercial Properties Map.pdf Action ByDate Action ResultVer. TITLE Consider and provide input regarding regulations related to the retail sale of alcoholic beverages for off-premise consumption. EXPLANATION: Thepurpose of this discussion is to review the current Town regulations regarding alcohol sales. This discussion is NOT to advocate for or against the sale of alcoholic beverages for the local option proposition on the May 14, 2011 ballot. Any proposed amendments to the Town’s regulations on retail liquor sales for off-premise consumption are not intended to be punitive or advantageous to any particular business. Theyare intended to ensurethat the Town can provide proper application procedures and governance for retail liquor sales within the community. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: See Staff Report Town Council 29 of 65 Meeting Date: March 21, 2011 TOWN COUNCIL STAFF REPORT March 21, 2011 Retail Sale of Alcoholic Beverages for Off-Premise Consumption SUBJECT: Discussion regarding regulations related to the sale of alcohol for off-premise consumption, in the event a measure to permit the sale of liquor for off-premise consumption passes through a public vote in May, 2011. Regulation of Retail Sale of Alcoholic Beverages for Off-Premise Consumption The purpose of this discussion is not to advocate for or against the sale of alcoholic beverages in the Town of Trophy Club. The Town is prohibited from advocating for or against the sale of alcoholic beverages on the May ballot. However, due to the local option to permit the sale of liquor for off-premise consumption on the May 14, 2011, ballot, the Town of Trophy Club wishes to review regulations related to the sale of alcohol for off-premise consumption. Any proposed amendments to the Town’s regulations on retail liquor sales for off- premise consumption are not intended to be punitive or advantageous to any particular business. They are intended to ensure that the Town can provide proper application procedures and governance for retail liquor sales within the community. Texas Liquor Laws All alcoholic beverage sales, both for on- and off-premise consumption, are regulated by the Texas Alcoholic Beverage Commission (TABC) through the issuance of licenses and inspections. Compared to other states, the State of Texas contains some of the more restrictive laws regulating alcohol.  Sale of alcoholic beverages in a bar or restaurant Monday through Friday 7 a.m. to midnight Saturday 7 a.m. to 1 a.m. Sunday Noon to midnight Bars with late-hours permits can sell alcohol for on-premises consumption until 2 a.m. any night. Town Council 30 of 65 Meeting Date: March 21, 2011  Sale of alcoholic beverages in a convenience or grocery store Monday through Friday 7 a.m. to midnight Saturday 7 a.m. to 1 a.m. Sunday Noon to midnight (beer and wine only – less than 17 percent alcohol by volume)  Sale of alcoholic beverages in a liquor store Monday through Saturday 10 a.m. to 9 p.m. Closed Sundays, Thanksgiving Day, Christmas and New Year’s Day Retail Sales of Alcoholic Beverages in Trophy Club In 2004, regulations were approved to allow the sale of alcoholic beverages in Trophy Club: (1) for retail sales of beer and wine for off-premise consumption only, and (2) for retail sale of mixed beverages for on-premises consumption. Any location selling either of these types of alcoholic beverages is required to obtain a Specific Use Permit from the Town. Sale of alcoholic beverages for on- and off-premises consumption is allowed in the following zoning districts: MH – Manufactured Home and Industrialized Housing District CG – Commercial General District CR – Commercial Recreation District NS – Neighborhood Service District PO – Professional Office District GU – Governmental Use District As well as in the following Planned Development Districts: PD-13 Village (Trophy Club Drive and Highway 114) PD-21 Plaza (Trophy Lake Drive and Highway 114) PD-25 Trophy Wood Business Center (Trophy Wood Dr. & Highway 114) PD-27 The Highlands Village Center (Bobcat Blvd.) Sales of beer and wine are not allowed in areas zoned for residential use, including but not limited to PD-Planned Development Districts approved exclusively for residential uses. No alcoholic beverages may be sold within three Town Council 31 of 65 Meeting Date: March 21, 2011 hundred feet (300-ft.) of a church, public or private school, or public hospital. Measurement of such distance is as follows: Church or Public Hospital: From front door to front door along the property lines of the street fronts and in a direct line across intersections. Public or Private School: From property line to property line, in a direct line across intersections. The following businesses have a Town alcohol beverage permit, which must be renewed annually for a fee of $30. At annual renewal, proof of current TABC licensing must be provided to the Town. 7-Eleven, located in the Village PD, initially issued June 2004. Tom Thumb, located in the Plaza PD, initially issued June 2004. Trophy Club Country Club, initially issued July 2005. Cristina’s Mexican Restaurant, initially issued August 2005. Vinny’s Italian Restaurant, initially issued October 2005. Walgreens, located in the Plaza PD, initially issued March 2011. Specific Use Permit Trophy Club regulations state that “no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the Town without first obtaining a Specific Use Permit (SUP) to do so from the Town”. A formal application for an SUP is filed with the Planning and Zoning Coordinator with a fee of $300. The application is then reviewed by Departmental Staff and prepared for review and recommendation by the Planning and Zoning Commission to the Town Council for approval or disapproval. The Town Council considers and approves or disapproves the granting of an SUP for the sale of alcoholic beverages. If approval is granted, the Planning and Zoning Coordinator will issue a Town alcohol beverage permit when the applicant has obtained and provided a copy of their TABC license. The following criteria are involved in bringing the SUP before the Planning and Zoning Commission and Town Council: 1. The Applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. Town Council 32 of 65 Meeting Date: March 21, 2011 2. The Applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town Council. 3. The Applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. 4. The Applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the Town. 5. The Applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the Chief of Police/Director of Public Safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. 6. The establishment shall provide adequate parking spaces to accommodate its employees and patrons provided. 7. The Applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable Town ordinances and state laws. A Specific Use Permit runs with the property and is not affected by a change in the owner or lessee of a permitted establishment. A Specific Use Permit may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Town Council Authority The Town’s Alcohol Beverage Ordinance grants the Town Council the authority to deny an SUP if it determines that the issuance of the SUP is incompatible with the surrounding uses or property, or is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the Town and its inhabitants. Town Council 33 of 65 Meeting Date: March 21, 2011 The Town Council has the authority to grant an exception for the requirement of an SUP for temporary special events after review and recommendation by the Planning and Zoning Commission. For such events, both the Planning and Zoning Commission and the Town Council consider: hours of the event, impact on surrounding area; estimated number of participants; personal and property security; duration and other health, safety and welfare considerations as deemed appropriate and necessary by the Town Council. Additional Restrictions The Town’s alcohol beverage ordinance also restricts the use of alcoholic beverages in any Town owned or controlled athletic field and all parking lots servicing such athletic fields. It is unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code, in any Town owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the Town owned or used by the Town and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the Town. It is unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the Town limits or at any school related activity conducted within the Town limits. Recommendations If the sale of liquor for off-premise consumption is allowed in Trophy Club, the following changes are recommended to the Town’s regulations:  Amend the use tables of the zoning ordinance to define in which zoning districts liquor stores will be allowed.  Amend Section 5.02 Sale of Alcoholic Beverages to define “liquor store”. An SUP will be required for a liquor store to operate in Trophy Club.  In cooperation with land owners, amend Planned Development Regulations for PD-13, PD-21, PD-25 and PD-27 (Village Center) to allow liquor stores. Use Tables Allow the sale of alcoholic beverages for off-premises consumption in the following zoning districts: CG – Commercial General District NS – Neighborhood Service District Town Council 34 of 65 Meeting Date: March 21, 2011 As well as in the following Planned Development Districts (with land owner cooperation): PD-13 Village (Trophy Club Drive and Highway 114) PD-21 Plaza (Trophy Lake Drive and Highway 114) PD-25 Trophy Wood Business Center (Trophy Wood Dr. & Highway 114) PD-27 The Highlands Village Center (Bobcat Blvd.) Section 5.02 Sale of Alcoholic Beverages The regulations of this section of the ordinance currently requires an SUP for the sale of any activity for which a permit or license is required by TABC. No amendment needed. Add a definition for “liquor store”: A business that sells alcoholic beverages for consumption off-premises. For the purposes of this Ordinance, the term “liquor store” does not include grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also not include a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this Ordinance. Amend Section F. 3. to require a Town permit for a liquor store. Town Council 35 of 65 Meeting Date: March 21, 2011 Town Council 36 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-104-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/28/2011 Town Council On agenda:Final action:3/7/2011 Title:Consider and provide input regarding a Special Events Ordinance. Attachments:Special Events Proposed Ordinance Language.pdf Special Events Signs.pdf Action ByDate Action ResultVer. TITLE Consider and provide input regarding a Special Events Ordinance. EXPLANATION: Council considered a first draft of regulations pertaining to special events on November 15, 2010. Based on feedback and suggestions from Council, the draft regulations have been revised and are presented to Council for their discussion. Staff is seeking input from Council so that we can finalize the ordinance for approval at the next meeting. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: [Enter recommendation here.] Town Council 37 of 65 Meeting Date: March 21, 2011 I. Definitions Applicant: A Person requesting a Special Event Permit seeking to hold the Special Event and to whom the Special Event Permit is issued. Block Party: The use of a street for a residential neighborhood function or event where traffic control is required or which involves the temporary barricading of one or more streets. Carnival: An event that includes amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensary facilities, and side-shows and/or a combination thereof. Circus: An event that includes performers, animals or other such means of entertainment and is performed in the open, in a tent, or in any other temporary structure, but does not include performances held inside a permanent building or on government-owned property. Concession: A facility at a Special Event where food, drink or other merchandise is offered to the public. Non-Profit Organization: An organization or entity that is exempt from the payment of tax pursuant to Section 501 (c) (3) of the Internal Revenue Code. Off-Site Parking: Parking immediately adjacent to the site of the Event or at a location outside of the boundaries of the area approved by the Town for the location of the Special Event. On-Site Parking: Parking within the boundaries of the area approved by the Town for the location of the Special Event. Parade: The assembly of persons whose gathering is the common design and purpose of traveling or marching in procession from one location to another location on a public thoroughfare or right-of-way for the purpose of advertising, fund raising, promoting, celebrating, or commemorating a thing, person, date, or event or point of view on political, religious or social issues. Permit Holder: The Person to whom a Special Events Permit is issued. Person: An individual(s), corporation, a governmental entity, a nonprofit organization, a sole proprietorship, a partnership, a wholesaler, a retailer, an association, or any other legal entity. Town Council 38 of 65 Meeting Date: March 21, 2011 Reimbursable Costs: All costs and expenses incurred by the Town for activities associated with staging and conducting of an Event, as specifically set forth in this Article. Sidewalk: That portion of a street intended for the primary use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. Special Event or Event: A planned temporary aggregation of people or attractions for a common purpose, including, but not limited to, street fairs, arts and crafts shows, rallies, public entertainments, fun runs, walks, relays, marathons, block parties, parades, or other similar events or attractions, that: (1) Are conducted primarily outdoors; and (2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or (3) Require special government services, including, but not limited to, street closure, provision of barricades, refuse services, stages, special parking arrangements, special electrical services or special police services or protection. Special Events Coordinator: The person designated by the Town Manager who shall serve as the point of contact for Applicants and Permit Holders and who shall serve as chair the Special Event Review Committee. Special Event Permit or Permit: Written authorization from the Town authorizing a Permit Holder to conduct a Special Event. Special Event Review Committee: A committee consisting of Town Staff from the Police Department, Fire Department, Community Development, Code Enforcement, Parks & Recreation, Streets, and such additional departments as determined necessary by the Town Manager. Street: The entire width of the publicly or privately owned right-of-way, when any part thereof is open to the use of the public for purposes of vehicular traffic. Town Manager: The Town Manager of the Town of Trophy Club or his designee. II. Permit Required / Exemptions A. Permit Required. Unless expressly exempted from the requirements of this Article, a Person shall obtain a Special Event Permit prior to commencing, holding or conducting a Special Event within the Town. A Person commits an offense if he commences, holds, or conducts a Special Event or causes or allows the Town Council 39 of 65 Meeting Date: March 21, 2011 commencement, holding or conducting of a Special Event without a valid Special Event Permit in place for the Special Event. B. Events Exempt from Permit. The following Special Events shall be exempt from the Permit requirement of this Article: (1) A Town or MUD1 sponsored event; (2) An event wholly contained on privately owned property specifically designed or suited for the Event which holds a Certificate of Occupancy for such use and which has sufficient on-site parking space to accommodate the Event; (3) A Funeral procession. C. Council Approval Prerequisite. Applicants for Permits shall first receive the approval of the Planning and Zoning Commission and Council as a condition precedent to the filing of an application for a Special Event Permit for any of the following types of Event: (1) Carnivals (2) Circuses (3) Community Festivals (not including the community garage sale or a Town sponsored festival) (4) Community Garage Sales III. Application Procedure A. Application. An Applicant seeking to conduct a Special Event within the Town shall submit an application meeting the requirements of this Article and shall pay all fees and costs required under this Article. Permit applications shall be submitted to the Town’s Permit Department, and at minimum, applications shall provide the following information: 1. Name, address, and contact information for the Applicant. If the Special Event is to be conducted for, on behalf of, or by any person or organization other than the Applicant, then the name, address and contact information for that person or organization; 2. Date(s) and hours for which the Permit is requested; 3. Type of proposed use or activity; 4. Type and location of proposed signage; 5. Number of participants and anticipated number of attendees; 6. Proposed location of the Special Event, including any and all public areas for which use is requested; 7. Number, type and proposed locations of Concession booths or structures that will be used for the sale of goods or services; 8. Number and location of parking spaces or where parking spaces are not available, area designated to accommodate parking for the Event, including an Town Council 40 of 65 Meeting Date: March 21, 2011 On-Site parking plan showing available parking that meets the requirements of this Article, and where required by this Article, an Off-Site parking plan; 9. Site map showing the location and size of tents, staging, and all other temporary structures, location of fire lanes, and ingress and egress points, 10. Location and number of sanitary facilities; 11. Number and location of loudspeakers and/or other sound amplification devices that will be used for the Event and planned hours of usage; 12. Need for water service, disposal of wastewater, and collection and disposal of solid waste, including the plan for each; 13. List of all other governmental and regulatory approvals needed for the Special Event; and 14. All other information as required on the Town’s Permit application. B. Proof of Compliance with all Governmental Regulations. As a condition precedent to the issuance of a Special Event Permit, an Applicant shall submit written documentation that all permits and approvals required by other governmental agencies have been obtained. C. Deadline for Submission. Applications for a Special Event Permit shall be filed not less than thirty (30) days before the commencement date of the proposed Special Event. Applications received less than thirty (30) days prior to the proposed commencement date of the Special Events may be considered where the Special Events Coordinator determines that the Town has sufficient advance notification to obtain and to provide the resources and services necessary to support the Event. Decisions of the Special Events Coordinator under this section may be appealed to the Town Manager in accordance with Section XI of this Article. IV. Special Events Coordinator The Special Events Coordinator shall be the authority responsible for administration and enforcement of this Article. The Special Events Coordinator shall: 1. Review all Permit applications submitted and impose requirements as necessary for public health, safety, and welfare based upon the scope and nature of a proposed Event and the responses provided in the Town’s Permit application. Requirements of the Special Events Coordinator shall be conditions precedent to the issuance of a Permit; 2. Convene meetings of the Special Event Review Committee and serve as Chair of the Committee; 3. Have the authority to issue, deny, revoke, and/or suspend a Permit; 4. Have the authority to require a Permit Holder to add additional resources or take additional actions during or after an Event when determined necessary for public safety and welfare; and 5. Take actions necessary for the enforcement of this Article, including without limitation, causing the issuance of citations for violations of this Article. Town Council 41 of 65 Meeting Date: March 21, 2011 As expressly authorized in this Article, decisions of the Special Events Coordinator are subject to appeal pursuant to Section XI of this Article. V. Permit Fees and Costs A. Permit Fee. A Permit fee of Fifty Dollars ($50.00) shall be paid in order to cover the costs of Permit Review and the administration of the Permit. The amount of Permit fee specified herein shall control unless such fee is expressly modified by an amendment to the Town’s Schedule of Fees codified in Chapter 1 of the Code of Ordinances of the Town. B. Reimbursable Costs. In addition to the Permit fee required in Section A, all Reimbursable Costs, including without limitation the following, shall be paid as specifically set forth in this Section: (1) Utilities services provided to the Special Event, including all of the costs of installation, maintenance, and connection. (2) Barricades and cones. (3) Special Event parking. (4) Food services inspection. (5) Repair, maintenance and removal of facilities in the event of a failure of applicant/promoter. (6) Repair of streets, alleys, sidewalks, parks and other public property. (7) Police protection. (8) Fire protection. (9) Emergency medical service. (10) Garbage disposal and cleanup. (11) Traffic control. (12) Equipment including, but not limited to, bleachers, sound equipment, tents, tables, and chairs; (13) Other direct and indirect costs associated with the Special Event C. Payment of Reimbursable Costs. In addition to applicable Permit fees, the Permit Holder shall be required to pay all Reimbursable Costs associated with the Special Event. The Special Event Coordinator shall provide an estimate of such Reimbursable Costs at least ten (10) days prior to the Event. As security for payment of the identified Reimbursable Costs, the Permit Holder shall post cash deposit in the full amount of the Reimbursable Cost estimates. Within seven (7) days following the Event, the Special Event Coordinator shall provide the Permit Holder with written notice of the total amount of the Reimbursable Costs actually incurred as a result of the Event. If the amount of the actual Reimbursable Costs is less than the amount of the written estimate, then the Town shall issue a refund within seven (7) days after the Event. If the actual Reimbursable Costs are greater than the written estimate of Reimbursable Costs, the Permit Holder shall pay the balance in full on or before the date specified in the written notice from the Town. If a Permit Holder fails to pay the full amount of all Town Council 42 of 65 Meeting Date: March 21, 2011 Reimbursable Costs, future Permits may be denied by Town or the Town may require two times the amount of the estimated Reimbursable Costs on any and all future Permit applications. Decisions of the Special Events Coordinator under this section may be appealed to the Town Manager in accordance with Section XI of this Article. VI. Indemnification, Insurance, and Bonding A. Indemnification. When a Special Event is partially or fully contained on property owned, leased, or controlled by the Town, Applicants shall sign an agreement to indemnify and hold harmless the Town, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the Special Event. Further, such Applicant shall provide insurance and bonding as specifically set forth in this section. B. Insurance and Bonding Required. When a Special Event is partially or fully contained on the Town rights-of-way or on property owned, leased, or controlled by the Town, the Applicant for a Special Event Permit shall furnish the Town with a certificate of insurance and a surety bond complying with standards established by the Town. The amount of the surety bond and the amount of insurance required may be increased or reduced based upon the type of Special Event, equipment, machinery, location, number of people or animals involved and other pertinent factors or risks associated with the Special Event. An application shall be denied if a valid certificate of insurance and/or a valid surety bond meeting Town specifications and approved by the Town is not provided. C. Refund/Cost Overage. The surety bond shall be returned to the Permit Holder within ten (10) days after his Special Event Permit expires, upon certification by the Town Manager that all conditions of this Article have been met and the Town has been compensated for all costs associated with or incurred as a result of the Event. Should actual costs be less than the amount of the surety bond posted by the Permit Holder, the remainder shall be refunded to the Permit Holder by the Town. In the event that actual costs exceed this amount, the Permit Holder shall pay such additional sum to the Town within ten (10) days from the date of written notice by Town. If all amounts due are not timely paid, no future permits shall be issued to the same Permit Holder for a period not to exceed two (2) years. Nothing herein shall preclude the Town from enforcing any legal or equitable remedy against the Permit Holder in addition to the bond. D. Appeal. Decisions of the Special Events Coordinator under this section may be appealed to the Town Manager in accordance with Section XI of this Article. Town Council 43 of 65 Meeting Date: March 21, 2011 VII. Number of Events, Hours of Operation, and Duration of Event A Special Event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily for a maximum of three (3) consecutive days. Only six (6) Special Event Permits per year may be issued to a Person or for a specific location within the Town. Appeals of time limit restrictions shall be made directly to the Town Council pursuant to Section XI of this Article. In determining if the issuance of a Permit will exceed the maximum number of Permits allowed per Person or per location, the Town may include in that count Permits issued for Events that have been held or sponsored by a Person, associated with or affiliated with or related to a previous Permit Applicant. VIII. Event Parking Requirements A. On-Site Parking. An Applicant shall submit evidence that sufficient on-site parking will be available to accommodate the projected number of users plus ten- percent (10%). If parking is to be on private property adjacent to the Special Event, written evidence that the Applicant has a right of possession of the property through ownership, lease, license, or other property interest shall be provided. When the location is not an established parking area, a plan shall be submitted which shall show how required parking will be achieved and arranged. The number of parking spaces and layout of the parking area, including aisle widths, size of parking spaces and number of parking attendants provided shall be included in the submittal. B. Off-Site Parking. When adequate On-Site Parking is not available, a proposed plan for Off-Site Parking shall be provided by the Applicant for approval by Town. Such plan shall show how Off-Site Parking and transfer of attendees is proposed to be accomplished. C. Fire Lanes. Fire lanes for emergency equipment shall be provided and the site prepared in a manner so as not to create a fire hazard as determined by the Fire Chief. D. Parking – Authority of Town. Notwithstanding the existence of a Special Event Permit, the Town shall have the authority when reasonably necessary for the health, safety, and welfare of the public to prohibit or restrict the parking of vehicles along a street or highway or part thereof adjacent to the site of the Special Event. It shall be unlawful for any person to park or leave unattended any vehicle in a location where a sign is placed restricting or prohibiting the parking of a vehicle. IX. MISCELLANEOUS A. Notice to Abutting Property Owners. The Town Manager shall have authority to require that an Applicant or Permit Holder send notice of a Special Event to abutting Town Council 44 of 65 Meeting Date: March 21, 2011 property owners when, in the Town Manager’s judgment, the Special Event is of a scope and nature that will impact those owners. B. Amusement Rides. Rides and/or attractions associated with Special Event shall conform to the statutory rules and regulations set forth in chapter 2151 of the Texas Occupations Code, designated the “Amusement Ride Safety Inspection and Insurance Act,” as amended. C. Tents and Temporary Structures. Any Special Event which includes the use of a stage, seating, tent, canopy, or other temporary structure shall meet the requirements of the Town’s fire code and building code except that a separate permit is not required when a Special Event permit has been obtained. D. Food and Beverage Service. Where food or beverage is provided or sold, such operation shall be in compliance with all provisions of the food and food establishment ordinances of the Town, as well as all other applicable state and local laws. E. Animal Waste. Waste from animals used in a Special Event shall be removed daily from the grounds. Should animals be kept within the Town limits past 10:00 p.m., they shall be kept not less than five hundred (500) feet from the property line of all developed residential property and not less than three hundred (300) feet of the property line of developed commercial property. F. Water Service. Any Special Event or related activity desiring use of water from the Municipal Utility District 1 (MUD 1) water system must coordinate with the utilities department to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with ordinances of the MUD 1. G. Wastewater. The Applicant shall submit a plan for the disposal of wastewater, and the plan shall be approved by the MUD 1. H. Solid Waste Collection and Disposal. The Applicant shall make appropriate arrangements for the collection of all waste resulting from such Special Event, and commercial solid waste dumpsters must be provided on site at all outdoor Special Events. The Applicant shall make arrangements for the provision of such dumpsters with a commercial solid waste disposal company currently having a franchise agreement with the Town. I. Loudspeakers. When the use of loudspeakers or other sound amplification device is approved in conjunction with the Special Event, the decibel sound level from the loudspeaker shall not exceed 80 decibels at the property line of the Event site for stationary Events and may only be used between the hours of 9:00 a.m. and 6:00 p.m. The Town’s Noise Ordinance shall control all other noises generated by or attributable to the Event. Town Council 45 of 65 Meeting Date: March 21, 2011 J. Signage. Signage used in accordance with the Special Event shall comply with the sign regulations of the Town under the provisions of the sign ordinance found in Chapter 5-General Land Use, Article IV-Sign Regulations, Section 4.05 Temporary Signs, E. Special Purpose Signs. Signs advertising the Special Event or directing potential customers to the Special Event site are expressly prohibited in the medians of a public or private roadway. K. Sanitary Facilities. Unless indoor facilities are provided by the Applicant, Town may require a Permit Holder to provide portable-type sanitary facilities for the Event in the number and at the location(s) determined necessary and appropriate by Town given the nature and scope of the Event and the estimated number of participants and attendees. X. Denial or Revocation A. Permit Denial. The Special Events Coordinator may deny a Special Event Permit if: 1. The Special Event will conflict in time and/or location with another Special Event, parade or assembly for which a Permit has already been granted or for which a Permit application has already been filed and is under review; 2. The Applicant fails to comply with or the Special Event will violate an ordinance of the Town or any other applicable law; 3. The Applicant makes, causes, allows or permits the making of a false or misleading statement or omission of material fact on an application for a Special Event Permit; 4. The Applicant has been convicted of violating this Article, has had a Special Event Permit revoked within the twelve (12) month period preceding the date of the proposed Special Event, or has failed to pay any Reimbursable Costs or other costs or fees assessed by the Town for a previous Special Event within the two (2) year period preceding the date of the proposed Special Event; 5. The Applicant fails to provide proof of a license or permit required by this Article, by another Town ordinance or by state law; 6. The Special Event, in the opinion of one (1) or more Town departmental directors, would unduly hinder or compromise the delivery or performance of normal services, including previously scheduled construction or maintenance services, or of emergency services, or constitutes a public threat, hazard, or nuisance; 7. The Applicant is unable or unwilling to provide any insurance or bond required under this Article; 8. The Applicant is unable or unwilling to pay any additional costs as may be required by the Town Manager; 9. The Applicant fails to submit a complete application or fails to provide any additional information requested by the Town Manager; or Town Council 46 of 65 Meeting Date: March 21, 2011 10. The Town Manager determines that the proposed date or time for the Special Event or the location of the Special Event or parking for such Special Event would unduly interfere with or disrupt the educational activities of a school when such school is in session. B. Notice of Denial. If the Special Events Coordinator denies a Permit, the Town shall notify the Applicant in writing of the denial or appealable determination within five (5) days of such determination, and such notice shall state the reason(s) for the denial of the application.. C. Permit Revocation. A Special Event Permit shall be revoked by the Special Events Coordinator upon the occurrence of one or more of the following conditions: 1. In the event that the Police Chief, Fire Chief, MUD 1 Manager, other Town officials or their designated representatives find that any of the provisions of this Article, of any Town ordinance, or of state law is being violated, they shall immediately notify the Special Events Coordinator, and the Special Event permit issued hereunder shall be revoked; or 2. When, in the judgment of the above-named officials, a violation exists which requires immediate abatement, the Special Events Coordinator shall have the authority to revoke a Special Event Permit. D. Notice of Permit Revocation – Prior to Commencement of Event. When revocation occurs prior to the commencement of an Event, notice of Permit revocation pursuant to Section C of this Article shall be made in writing immediately upon determination that revocation is proper. Appeals shall be allowed in accordance with Section XI below. E. Notice of Permit Revocation – During Event. When revocation of a Permit occurs at any time after the commencement of, or during, an Event, notice of Permit revocation pursuant to Section C of this Article shall be made verbally to the Permit Holder, and within five (5) days after the date of revocation, written notice shall be provided to the Permit Holder. Appeals shall be allowed in accordance with Section XI below. XI. Appeals A. Appeal Process. As expressly allowed in this Article, the Applicant or Permit Holder may appeal. All appeals shall be conducted in accordance with the following procedures: (1.) If the Special Events Coordinator denies an application or makes a determination under this Article for which appeal is authorized, the Town shall notify the Applicant, or Permit Holder, where applicable, in writing of the denial or appealable determination within five (5) days of such determination. Such Town Council 47 of 65 Meeting Date: March 21, 2011 Town notice shall state the reason(s) for the denial of the application or the appealable determination. Any Person aggrieved shall have the right to appeal to the Town Manager. (2.) If the Special Events Coordinator revokes a Permit, the Town shall notify the Permit Holder as set forth in Section (1) above, and if the Permit Holder elects to appeal that determination, he shall file written notice of appeal to the Town Manager. (3.) An appeal to the Town Manager shall be filed in writing and shall be filed with the Town Secretary within five (5) calendar days after receipt of the Town’s notice of denial, revocation, or other appealable decision. The Town Manager shall have five (5) business days after receipt of the written notice of Appeal to make a written determination to uphold, modify, or overturn the decision of the Special Events Coordinator. Decisions of the Town Manager shall be final. B. Appeal to Town Council Expressly Authorized. Where an appeal to Town Council is expressly authorized by this Article, such appeal shall be made in writing within five (5) days of written notice to Applicant of such appealable determination. The Town Council shall hear the appeal at its next regularly scheduled Council meeting following the date of receipt of the written appeal and for which state law posting and notice requirements can be met by Town. The decision of the Town Council shall be final. Town Council 48 of 65 Meeting Date: March 21, 2011 E. Special Purpose Signs Special Purpose Signs shall be allowed in conjunction with Special Events sponsored by the Town, a governmental entity, a non-profit or civic organization. Unless exempted, as defined in the Special Events Ordinance, a Special Events Permit must have been issued before an organization shall be allowed to post signs related to a Special Event. 1. Number, Size and Placement (a) One Banner, not to exceed 50 square feet, shall be allowed on the Special Event site, placement subject to Special Event Committee approval. The Banner cannot be strung between trees, but must be securely attached to a building, or securely strung between two temporary poles. (b) Informational or directional signs advertising the Special Event may be placed no closer than three (3) feet from the street, curb or edge of pavement in a public street right-of-way. In the event that the Special Event Committee staff determines that any such sign impedes visibility at intersections, or is not in compliance with the Special Event Ordinance, or whose placement is a nuisance (for instance, obstructing a sprinkler head), a staff member may remove the sign without obligation to return the sign to owner. Each sign shall not exceed four (4) square feet and the total number of signs allowed must be noted on the Special Event Permit application and receive Special Event Committee approval. Spacing between each sign shall be a minimum of four hundred feet (400’) along the following streets: Trophy Club Drive, Indian Creek Drive, Village Trail, Durango Drive and Trophy Wood Drive. Informational and directional signs are not allowed on any other streets in Trophy Club. No signs may be erected in the center median of any divided roadway. 2. Duration Special Purpose Signs shall be allowed up to fourteen (14) days prior to the event, provided a Special Event Permit has been issued, and shall be removed within twenty- four (24) hours following the event. Town Council 49 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-153-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/15/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Creation of a Keep Trophy Club Beautiful Committee comprised of various citizen volunteers; and providing an effective date. Attachments:RES 2011-06 Adopting a Keep Trophy Club Beautiful Committee.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Creation of a Keep Trophy Club Beautiful Committee comprised of various citizen volunteers; and providing an effective date. Town Council 50 of 65 Meeting Date: March 21, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF A KEEP TROPHY CLUB BEAUTIFUL COMMITTEE COMPRISED OF VARIOUS CITIZEN VOLUNTEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, Section I entitled “Creation of Committees, Boards and Commissions” of Article VI entitled “Town Council Rules of Procedure” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club provides that the Council may, create Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify; and WHEREAS, the Town of Trophy Club desires to improve the physical quality of community life; and WHEREAS, a clean environment contributes to the emotional, physical, and economic well-being of the Town and our residents; and WHEREAS, the Town Council has determined that the creation of a Keep Trophy Club Beautiful Committee will assist greatly in accomplishing its goal of improving the quality of life in the Town; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a Keep Trophy Club Beautiful Committee consisting of ____ members who shall each serve for a term of one (1) year. Section 2. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 21st day of March 2011. _____________________________ Connie White, Mayor Town of Trophy Club, Texas Town Council 51 of 65 Meeting Date: March 21, 2011 ATTEST: ________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 52 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-154-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/15/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Creation of a Sustainability Committee comprised of various citizen volunteers; and providing an effective date. Attachments:RES 2011-07 Adopting a Sustainability Committee.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Creation of a Sustainability Committee comprised of various citizen volunteers; and providing an effective date. Town Council 53 of 65 Meeting Date: March 21, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF A SUSTAINABILITY COMMITTEE COMPRISED OF VARIOUS CITIZEN VOLUNTEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, Section I entitled “Creation of Committees, Boards and Commissions” of Article VI entitled “Town Council Rules of Procedure” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club provides that the Council may create Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify; and WHEREAS, the Town Council desires to ensure that our community maintain a balance between our environment, economic development and the social fabric of Trophy Club; and WHEREAS, the Town Council has determined it necessary and appropriate to establish a Sustainability Committee to engage in tasks and projects to accomplish the foregoing objective; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a Sustainability Committee which shall consist of ____ members who shall each serve for a term of one (1) year. Section 2. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 21st day of March 2011. _____________________________ Connie White, Mayor Town of Trophy Club, Texas Town Council 54 of 65 Meeting Date: March 21, 2011 ATTEST: ________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 55 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-148-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding financial and variance report dated February 2011. Attachments:February 2011 Monthly Financial Reports.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated February 2011. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of the February Financials and Variance Report. Town Council 56 of 65 Meeting Date: March 21, 2011 Amended February Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 3,423,998$ 3,423,998$ 485,110$ 3,031,697$ (392,301)$ 88.5% SALES TAX 517,450 517,450 44,295 120,355 (397,095) 23.3% FRANCHISE FEES 565,200 565,200 39,223 76,859 (488,341) 13.6% BUILDING PERMITS 504,000 504,000 35,608 194,452 (309,548) 38.6% DEVELOPER FEES 50,000 81,766 - 82,833 1,067 101.3% MUD SERVICE CONTRACT 228,076 228,076 - 76,025 (152,051) 33.3% EMS & MUNICIPAL COURT 300,633 300,633 28,791 130,263 (170,370) 43.3% TRANSFERS & OTHER REVENUE 384,442 384,442 22,143 152,739 (231,703) 39.7% RECREATION PROGRAMS 181,300 181,300 - 283 (181,017) 0.2% TOTAL REVENUE 6,155,099 6,186,865 655,169 3,865,507 (2,321,358) 62.5% EXPENDITURES MANAGER'S OFFICE 546,417 546,703 35,889 182,481 (364,222) 33.4% POLICE 1,468,489 1,500,255 103,699 547,890 (952,365) 36.5% EMS 676,891 676,891 52,200 258,594 (418,297) 38.2% STREETS 398,446 398,446 33,022 159,487 (238,959) 40.0% PARKS 912,577 948,377 78,078 365,297 (583,080) 38.5% RECREATION 615,088 615,088 17,625 101,023 (514,065) 16.4% PLANNING & ZONING 144,694 144,694 7,220 52,627 (92,067) 36.4% COMMUNITY DEVELOPMENT 191,206 191,206 14,283 65,787 (125,419) 34.4% COURT 79,751 79,751 6,611 29,755 (49,996) 37.3% LEGAL 154,818 154,818 10,026 52,947 (101,871) 34.2% FINANCE 390,915 390,915 23,650 156,772 (234,143) 40.1% INFORMATION SYSTEMS 296,337 296,337 20,567 91,641 (204,696) 30.9% HUMAN RESOURCES 81,752 81,752 6,449 33,657 (48,095) 41.2% FACILITIES MANAGEMENT 77,580 77,580 3,105 34,967 (42,613) 45.1% TOTAL EXPENDITURES 6,034,961 6,102,813 412,423 2,132,926 (3,969,887) 34.9% EXCESS/(DEFICIT)120,138$ 84,052$ 242,746$ 1,732,582$ CURRENT FISCAL YEAR, 2010-11 February 2011 GENERAL FUND 5/12 Months (41.6% of Fiscal Year) Town Council 57 of 65 Meeting Date: March 21, 2011 GENERAL FUND February 2011 5/12 Months (41.6% of Fiscal Year) R EVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax - As required by the Government Accounting Standards Board, sales tax is reported for the month it is collected by the vendor. February, 2011 collections are remitted to the Town in April, 2011. Receipts are reported on a two month lag, therefore February, 2011 revenues reflect only three months (25% of fiscal year) of sales tax collections for the current fiscal year to date. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basis in early spring. The actual year to date revenue includes the monthly franchise payments from Allied Waste and the annual payment from Tri- County Electric. Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. Actual fiscal year-to-date receipts include development fees for The Highlands Neighborhoods 1, 5, and 6. MUD Service Contract – The employee service agreement between the Town and MUD1 included payment in two separate installments, October 2010 and March 2011. The current year to date revenue reflects the October 2010 installment. Recreation Programs – Recreation programs are seasonal and should increase in the spring and summer months. EXPENDITURES Recreation – Recreation programs are seasonal and should increase in the spring and summer months. Town Council 58 of 65 Meeting Date: March 21, 2011 Amended February Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PARK REVENUE 126,000$ 126,000$ 3,593$ 42,522$ (83,478)$ 33.7% TOTAL RESOURCES 126,000 126,000 3,593 42,522 (83,478) 33.7% EXPENDITURES TROPHY CLUB PARK 126,000 126,000 5,714 33,706 (92,294) 26.8% TOTAL EXPENDITURES 126,000 126,000 5,714 33,706 (92,294) 26.8% EXCESS/(DEFICIT)-$ -$ (2,121)$ 8,816$ TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2010-11 February 2011 5/12 Months (41.6% of Fiscal Year) Town Council 59 of 65 Meeting Date: March 21, 2011 TROPHY CLUB PARK FUND February 2011 5/12 Months (41.6% of Fiscal Year) R EVENUES Park Revenue – The Motocross Track opened in November, 2008 and use of the park is seasonal. Town Council 60 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-149-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Town Council Liaison Updates; discussion of same: - March 8, 2011 Parks & Recreation Board - Council Member Hoover - March 10, 2011 TCMUD No. 1 - Mayor Pro Tem Rose - March 14, 2011 EDC 4B - Council Member Strother Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - March 8, 2011 Parks & Recreation Board - Council Member Hoover - March 10, 2011 TCMUD No. 1 - Mayor Pro Tem Rose - March 14, 2011 EDC 4B - Council Member Strother Town Council 61 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-150-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - PID Voting on MUD Proposition - RFP for Financial Software Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - PID Voting on MUD Proposition - RFP for Financial Software Town Council 62 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-151-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Tarrant County Obesity Prevention Meeting - pioneering healthier communities through physical activities and the nutritious foods work groups - Northwest Communities Partnership Monthly Meeting - Byron Nelson High School Techno Expo - Council Retreat - Metroport Cities Partnership Monthly Meeting Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Tarrant County Obesity Prevention Meeting - pioneering healthier communities through physical activities and the nutritious foods work groups - Northwest Communities Partnership Monthly Meeting - Byron Nelson High School Techno Expo - Council Retreat - Metroport Cities Partnership Monthly Meeting Town Council 63 of 65 Meeting Date: March 21, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-152-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/14/2011 Town Council On agenda:Final action:3/21/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council 64 of 65 Meeting Date: March 21, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. 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) 2. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 3. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 4. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 5. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 6. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 7. Consider and take appropriate action regarding communication plan (Cantrell, 11/15/2010) 8. Consider and take appropriate action regarding Planning & Zoning readiness if Local Option Election Petition is successful. (Cantrell, 1/3/11) 9. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 10. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) Town Council 65 of 65 Meeting Date: March 21, 2011