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Agenda Packet TC 09/19/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom4:00 PMMonday, September 19, 2011 CALL TO ORDER AND ANNOUNCE A QUORUM JOINT WORKSHOP WITH PLANNING & ZONING COMMISSION - 4:00 P.M. 1.2011-460-T Joint Work Session of the Town Council and the Planning & Zoning Commission for a presentation and discussion of a Planned Development District for a 26.354 acre tract of land known as “Beck Property” located on State Highway 114 and Trophy Club Drive. PLANNING & ZONING COMISSION TO ADJOURN TOWN COUNCIL WORKSHOP SESSION - ESTIMATED START TIME - 6:00 P.M. 2.2011-462-T Budget Overview; discussion of same . 3.2011-463-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 19, 2011. 4.2011-464-T Discussion of proposed agenda items for the September 26, 2011 Regular Session Agenda. September 19 Proposed Agenda Items.pdfAttachments: CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Town Council Page 1 of 54 Meeting Date: September 19, 2011 September 19, 2011Town Council Meeting Agenda 5.2011-461-T Consider and take appropriate action regarding a Proclamation recognizing the retirement of a Trophy Club Police Officer, Officer Boyd Raburn, the first police officer to retire from the Trophy Club Police Department. PRO 2011-09 Recognition of Boyd Raburn.pdfAttachments: 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. 6.2011-465-T Consider and take appropriate action regarding the Minutes dated September 12, 2011. September 12 2011 Minutes.pdfAttachments: PUBLIC HEARING 7.2011-466-T Town Council to conduct 2nd Public Hearing regarding the proposed tax rate increase for fiscal year October 1, 2011 to September 30, 2012 and Mayor to announce the date, time and place of the vote on the tax rate. 8.2011-467-T Town Council to conduct a Public Hearing on the proposed 2010-2011 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". 9.2011-424-T Town Council to conduct a Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD-21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P. (SUP-11-02) Staff Report - TC.pdf Public Hearing Notice - Newspaper.pdf Public Hearing Notice - Residents.pdf Property Owners.pdf 500' map PD-21.pdf Attachments: REGULAR SESSION 10.2011-425-T Consider and take appropriate action regarding a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD-21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P. (SUP-11-02) Town Council Page 2 of 54 Meeting Date: September 19, 2011 September 19, 2011Town Council Meeting Agenda 11.2011-474-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date. ORD 2011-31 adopting Annual SAP Update (Bond) 2011.pdfAttachments: 12.2011-443-T Receive an update from staff on the 2009 Park Bond; discussion of same. Park Bond Financial Review.pdfAttachments: 13.2011-468-T Consider and take appropriate action regarding financial and variance report dated August 2011. August 2011 Monthly Financial Report.pdfAttachments: 14.2011-470-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - September 14, 2011 Northwest Communities Partnership Meeting - September 15, 2011 Metroport Cities Partnership Meeting - September 15, 2011 Second Annual Tarrant County Mayors Lunch - September 16, 2011 United Way 2011 Kick Off Luncheon - September 17, 2011 Annual GrapeFest Mayoral GrapeStomp Competition 15.2011-471-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 Town Council Page 3 of 54 Meeting Date: September 19, 2011 September 19, 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, September 15, 2011 by 8:00 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 Page 4 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-460-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Joint Work Session of the Town Council and the Planning & Zoning Commission for a presentation and discussion of a Planned Development District for a 26.354 acre tract of land known as “Beck Property” located on State Highway 114 and Trophy Club Drive. Attachments: Action ByDate Action ResultVer. TITLE Joint Work Session of the Town Council and the Planning & Zoning Commission for a presentation and discussion of a Planned Development District for a 26.354 acre tract of land known as “Beck Property” located on State Highway 114 and Trophy Club Drive. EXPLANATION: Scott Beck, owner of the 26.354 acres of vacant land located at the northeast corner of Trophy Club Drive and State Highway 114 intersection, has been working with Town Staff to create a planned development document that outlines the development standards that will be used to establish site, development, building and use standards for a mixed use development on this property. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: This joint Council and Planning & Zoning Commission discussion is proposed to open a dialogue and create a working relationship with the Beck Family to move forward development of this property. Town Council Page 5 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-462-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Budget Overview; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Budget Overview; discussion of same. Town Council Page 6 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-463-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 19, 2011. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 19, 2011. Town Council Page 7 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-464-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Discussion of proposed agenda items for the September 26, 2011 Regular Session Agenda. Attachments:September 19 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the September 26, 2011 Regular Session Agenda. Town Council Page 8 of 54 Meeting Date: September 19, 2011 Meeting Date 9/26/2011 Item File ID Staff ARF? Workshop Budget Overview; discussion of same.Finance Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 26, 2011. Town Sec Discussion of proposed agenda items for the October 3, 2011 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated September 19, 2011 Town Sec Public Hearing Town Council to conduct a Public Hearing relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special Assessments against the Property in PID No. 1 and matters contained in the proposed Ordinance. Finance / Legal Regular Session Consider and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Emergency Services and Assessment Roll for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the property in the District; levying special assessments against property within the district; providing for payment, method of assessment, penalties and interest; and providing an effective date. Finance / Legal Consider and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2011, and ending September 30, 2012. Finance / Legal Consider and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2011, and ending September 30, 2012. Finance / Legal Consider and take appropriate action to ratify the property tax increase reflected in the previously approved Town Budget for the fiscal year beginning October 1, 2011, and ending September 30, Finance / Legal Consider and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2011. Finance / Legal Consider and take appropriate action regarding a Planned Development District for a 26.354 acre tract of land known as “Beck Property” located on State Highway 114 and Trophy Club Drive. CD / Legal Town Council Liaison Updates; discussion of same: Scheduled by meetings - Town Sec Town Manager Slye's update regarding the following; discussion of the same. - Town Sec Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Town Sec Items for Future Agendas.Town Sec Executive Session Consider and take appropriate action regarding the Executive Session. Town Council Page 9 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-461-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Consider and take appropriate action regarding a Proclamation recognizing the retirement of a Trophy Club Police Officer, Officer Boyd Raburn, the first police officer to retire from the Trophy Club Police Department. Attachments:PRO 2011-09 Recognition of Boyd Raburn.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Proclamation recognizing the retirement of a Trophy Club Police Officer, Officer Boyd Raburn, the first police officer to retire from the Trophy Club Police Department. EXPLANATION: After ten years with the Trophy Club Police Department and over 31 years of service as a Texas Peace Officer, Boyd Raburn has announced his retirement. He will be recognized with a reception in his honor on September 27, 2011. Officer Boyd Raburn joined the Trophy Club Police Department ten years ago. Prior to this he served in several other Texas police agencies beginning with the Denton, Texas Police Department in 1976. He holds a Master Peace Officer Certification from the Texas Commission on Law Enforcement Officer Standards and Education. Throughout his career, Boyd has served as a patrol officer, patrol Sergeant, and interim Chief of Police. For the last seven five years he has served as the Animal Control and Code Enforcement Officer for the Town of Trophy Club. While with Highland Village, Texas Police Department, was awarded the Silver Star for Bravery by the American Police Hall of Fame for rescuing a motorist from a burning vehicle. Boyd is a veteran of the Viet Nam war, serving in the United States Air Force for over seven years prior to becoming a Texas Peace Officer. Officer Raburn will be retiring on Friday, September 30, 2011, after having served in law enforcement for over 31 years. Officer Raburn’s dedication to the community, his tenure, and skills will be difficult to replace and will definitely be missed. 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 this proclamation. Town Council Page 10 of 54 Meeting Date: September 19, 2011 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION 2011-09 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE TROPHY CLUB POLICE OFFICER BOYD RABURN ON HIS RETIREMENT. WHEREAS, Officer Boyd Raburn has given ten years of service to The Town of Trophy Club as Patrol Officer; and during these years, he has made a significant difference with his contributions and assistance in numerous positions and functions of this Town; and WHEREAS, the performance of his duties and his willingness to accept responsibilities and form good working relations with others has established him as a dedicated individual; and WHEREAS, Officer Boyd Raburn has, for the last seven years, served as the Animal Control and Code Enforcement Officer for the Town, and during his service to the Town has answered 7,182 calls for service; and NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council hereby officially recognizes the service of Trophy Club Police Officer Boyd Raburn, and by adoption of this Proclamation hereby publicly expresses its sincere gratitude and appreciation to Officer Boyd Raburn for his dedication and commitment. Section 2. That the Town Council recognizes that it is only through the efforts and accomplishments of employees like Officer Boyd Raburn that Trophy Club is truly a great place to call home. Section 3. That on behalf of the Town Council and all of it’s employees, a heartfelt congratulations is bestowed on Officer Boyd Raburn on his retirement from public service effective September 30, 2011. Section 4. That this Proclamation shall become effective from and after its date of passage in accordance with law. Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 19th day of September, 2011. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ______________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town Council Page 11 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-465-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Consider and take appropriate action regarding the Minutes dated September 12, 2011. Attachments:September 12 2011 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated September 12, 2011. Town Council Page 12 of 54 Meeting Date: September 19, 2011 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 12, 2011 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, September 12, 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 Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Glenn Strother Council Member Jeannette Tiffany Council Member TOWN COUNCIL MEMBERS ABSENT: 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 Eric Cannon Finance Director Michael Aguilera Financial Analyst Adam Adams Parks and Recreation Director Carolyn Huggins Community Development Director April Reiling PIO / Marketing Manager Mayor White announced the date of September 12, 2011, called the meeting to order and announced a quorum at 6:00 p.m. Mayor White stated Council member Strother would be late. WORKSHOP SESSION - 6:00 P.M. 1. Budget Overview; discussion of same. Town Manager Slye gave an overview of the current budget with changes made at the last budget workshop. Town Manager Slye and Staff addressed questions from Council. Council member Strother arrived at 6:07 p.m. Before Council adjourned the Workshop Session, Council member Cantrell made the following statement: Citizens, Town Staff and fellow council members: I applaud the work staff and the council has done to date with regard to the 2011-2012 budget – some creative revenues and savings on issues have been produced. Thank you! However, I looking for a bit more for an even leaner and meaner budget. Town Council Page 13 of 54 Meeting Date: September 19, 2011 The 53 cents will generate $455,738 in property tax monies, which is 13.4 percent more than last year’s property tax dollars. If we hold to the current 51.5 cents, nearly $333,000 or 9.8 percent more dollars will be generated over last year's monies. I think we can hold at the current tax rate and still have a solid budget. Will we be able to achieve everything requested? No. But the real question is whether we need at this time to do all the things discussed so far. I liken our budget requests to a menu. Staff now needs to prioritize what is necessary and what would be nice to have. No different than what each of us does with our own personal households on a regular basis. The NISD has done much the same this year following the passage of the State's budget - litterly needing to cut millions from their budget and did so without passing on higher tax rates to our citizens. Was it easy - no, painless - no, but what I am proposing does not require pain in my opinion, just simple belt tightening for a bit longer. We already know the 2012-2013 property evaluations will increase by another 60 million dollars with over 200 more new homes coming onto the tax roles based on this year's building permit records, which will generate yet another $300,000 more in property tax dollars. And, Trophy Club is on the cuspeth of truly moving forward on real commercial property development. In fact, there will be three-four new retail outlets open or opening by years end; the Commons development at the corner of TC Drive and Trophy Lake will be completed soon; staff is working diligently to move toward development of the 26 acres at Hwy 114 and Trophy Club Drive with the Gateway Planning Group; and finally we have just recently heard the Hampton Inn has its financing in place and plan to break ground on the east side soon. And my final point is that probably in May, voters will be asked to consider a bond package to fund a portion of much needed drainage repairs in our community. I am confident the work we do now, will be remembered come May. It is council's responsibility to set a tax rate and budget that is realistic, and staff's responsibility to determine how the monies will be spent. I firmly believe holding the current tax rate is doable and it can be managed professionally by the staff in the best interests of our current and future citizens. Thank you. Presentation included in the minutes. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 12, 2011. 3. Discussion of proposed agenda items for the September 19, 2011 Regular Session Agenda. Mayor White called a short break. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME – 7:22 P.M. The Invocation was offered by Council member Strother. The Pledges were led by Council member Cantrell. Town Council Page 14 of 54 Meeting Date: September 19, 2011 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. No citizens addressed the Council. 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. Council member Rose requested agenda item 4 be removed from the consent agenda. 5. Consider and take appropriate action regarding the Minutes dated September 6, 2011 (Special Session). 6. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club amending Article II “Traffic &Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to designate effective times for special speed zones (school zones) within the Town; providing a penalty not to exceed Two Hundred Dollars ($200) for each violation; providing for publication; and providing an effective date. 7. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club approving a transfer of appropriations in accordance with section 9.06(d) of the Home Rule Charter of the Town to transfer funds from various departmental funds to the Planning and Zoning Department; and providing an effective date. Motion made by Mayor Pro Tem Hoover, seconded by Council member Cantrell to approve consent agenda items 5, 6, and 7. Motion carried unanimously. 4. Consider and take appropriate action regarding the Minutes dated August 15, 2011. Motion made by Council member Rose, seconded by Council member Cantrell to approve consent agenda items 4 as amended. Motion carried unanimously. Amendment includes: Council member Strother wanted to make sure that the official record reflects that this is the published rate and not the adopted rate. The adopted rate does not happen until September 26, 2011 and it is certainly his hope to get to closer to a flat tax. PUBLIC HEARING Council convened into Public Hearing at 7:25 p.m. 8. Town Council to conduct First Public Hearing regarding proposed tax rate increase for fiscal year October 1, 2011 to September 30, 2012 and Mayor to announce the date, time and place of the vote on the tax rate. Town Council Page 15 of 54 Meeting Date: September 19, 2011 Mayor White stated the following for the record: On September 26, 2011, the Town Council will hold a Public Meeting to adopt a 2011 tax rate that will exceed the lower of the rollback rate or the effective tax rate. As required by law, Public Hearings on a tax increase will be held on today, September 12, 2011, and September 19, 2011. On September 19, 2011, the Town Council will hold its second Public Hearing on a tax increase and the Public Hearing on the Budget. No citizens addressed the Council. Council reconvened into Regular Session at 7:27 p.m. REGULAR SESSION 9. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club accepting an Annual Service and Assessment Plan Update for Authorized Services for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); setting a date for a public hearing; authorizing the publication of notice and directing the mailing of notices as required by law; enacting other provisions relating thereto; and providing an effective date. Motion made by Council member Rose, seconded by Council member Tiffany to approve Resolution 2011-22 as amended. Motion carried unanimously. Amendment to legal description: The District includes approximately 609.683 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is generally located to the north of Oakmont Drive, Oak Hill Drive and the Quorum Condominiums, east of the Lakes Subdivision and Parkview Drive, south of the Corp of Engineers Property and west of the Town’s eastern town limits. The District is more particularly described by metes and bounds and such description is available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. 10. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club adopting a Fund Balance Policy for the Town in accordance with Government Accounting Standards Board (GASB) Statement No. 54; and providing an effective date. Motion made by Council member Rose, seconded by Council member Cantrell to approve Resolution 2011-23 Fund Balance Policy. Motion carried unanimously. 11. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club amending Resolution No. 2008-22 amending the Municipality of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Motion made by Council member Cantrell, seconded by Council member Tiffany to approve Resolution 2011-19 of the Town Council of the Town of Trophy Club amending Resolution No. 2008-22 amending the Municipality of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Motion carried unanimously. Town Council Page 16 of 54 Meeting Date: September 19, 2011 12. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Texas Municipal League Intergovernmental Employee Benefits Pool authorizing the Town to participate in a health benefits program for employees, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Rose, seconded by Council member Cantrell to approve an Interlocal Agreement between the Town and Texas Municipal League Intergovernmental Employee Benefits Pool authorizing the Town to participate in a health benefits program for employees, and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 13. Consider and take appropriate action regarding an interlocal agreement between the Town and the City of Fort Worth authorizing cooperative purchasing between municipalities; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Cantrell, seconded by Council member Tiffany to approve an interlocal agreement between the Town and the City of Fort Worth authorizing cooperative purchasing between municipalities; and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 14. Consider and take appropriate action regarding an interlocal cooperation agreement between Northwest Independent School District and the Town related to School Resource Officer services to be provided for the 2011-12 school year; and authorizing the Mayor to execute all necessary documents. Motion made by Council member Strother, seconded by Council member Cantrell to approve an interlocal cooperation agreement between Northwest Independent School District and the Town related to School Resource Officer services to be provided for the 2011-12 school year; and authorizing the Mayor to execute all necessary documents. Motion carried unanimously. 15. Consider and take appropriate action regarding the placement of two logos on the elevated water storage tank located behind Byron Nelson High School. Motion made by Council member Cantrell, seconded by Council member Rose to approve the placement of two logos; one Town of Trophy Club or Trophy Club, depending on size and the Byron Nelson High School log on the elevated water storage tank located behind Byron Nelson High School. Motion carried unanimously. 16. Consider and take appropriate action regarding a Community/Recreation Center for the Town of Trophy Club. Council discussed the multiple aspects regarding a community/recreation center, including the need for strategic planning, financing needed and ways to possibly finance, and the differences between a community center and recreation center. It was agreed that this issue should be included in a larger discussion of capital improvements for the Town during the upcoming Strategic Planning event to be scheduled in early Fall. Discussion only; no action taken. Town Council Page 17 of 54 Meeting Date: September 19, 2011 17. Consider and take appropriate action regarding financial and variance report dated July 2011. Motion made by Council member Cantrell, seconded by Council member Strother to approve the financial and variance report dated July 2011 as presented. Motion carried unanimously. 18. Town Council Liaison Updates and discussion of same: - EDC 4A, August 18, 2011 - Council member Rose - Parks & Recreation Board, September 8, 2011 - Council Member Hoover Council member Rose and Mayor Pro Tem Hoover updated the Council on the monthly board meetings addressed questions. No action taken, update only. 19. Town Manager Slye's update regarding the following; discussion of the same: - Maintenance areas assumed by HOA - Austin Economic Development Meeting - Crossing Guards Update Town Manager Slye updated the Council and addressed questions. No action taken, update only. 20. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - August 30, 2011 - Verizon Ribbon Cutting - September 3, 2011 - Community Breakfast at the Church of Trophy Lakes - September 6, 2011 - Chamber Luncheon - September 7, 2011 - 35W Coalition - TRTC Joint Membership Meeting - September 9, 2011 - Legislative Breakfast - September 10, 2011 - 9/11 Memorial Service Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 21. 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. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 8. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) Town Council Page 18 of 54 Meeting Date: September 19, 2011 10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/Slye, 8/15/11) 11. Consider and take appropriate action regarding the Park Bond projects and fund allocation to include a comprehensive cost/status review of all projects included in the original park bond presentations. (Rose, 8/1/2011) Scheduled 9/12/2011 12. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) Council member Cantrell requested “Consider and take appropriate action regarding the Town’s park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs.” Council member Strother requested a strategic planning session be placed on the list. Mayor White confirmed with Town Manager Slye that the strategic planning session would be completed in plenty of time to work with the May Election schedule. EXECUTIVE SESSION 22. Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following items: (A) Texas Government Code Section 551.072. To discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (1) Potential land acquisition for public use in construction of the Roundabout (B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a)(1) of the Texas Open Meetings Act. (1) Town Manager, Mike Slye (2) Town Secretary, Shannon DePrater (3) Town Attorney, Patricia Adams Council convened into Executive Session at 9:08 p.m. Council reconvened into Regular Session at 10:38 p.m. RECONVENE INTO REGULAR SESSION 23. Consider and take appropriate action regarding the Executive Session. Motion made by Council member Rose, seconded by Council member Cantrell, that the authority to set the compensation of the Town Attorney and Town Secretary to be delegated to the Town Manager at the direction of Council. Motion carried unanimously. ADJOURN Motion made by Council Member Strother, seconded by Council member Rose to adjourn. Motion carried unanimously. Meeting adjourned at 10:39 p.m. ___________________________________ ________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 19 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-466-T Name: Status:Type:Agenda Item Public Hearing File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Town Council to conduct 2nd Public Hearing regarding the proposed tax rate increase for fiscal year October 1, 2011 to September 30, 2012 and Mayor to announce the date, time and place of the vote on the tax rate. Attachments: Action ByDate Action ResultVer. TITLE Town Council to conduct 2nd Public Hearing regarding the proposed tax rate increase for fiscal year October 1, 2011 to September 30, 2012 and Mayor to announce the date, time and place of the vote on the tax rate. EXPLANATION: Mayor White will state the following for the record: On September 26, 2011, the Town Council will hold a Public Meeting to adopt a 2011 tax rate that will exceed the lower of the rollback rate or the effective tax rate. As required by law, Public Hearings on a tax increase were held on September 12, 2011, and today, September 19, 2011. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Town Council Page 20 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-467-T Name: Status:Type:Agenda Item Public Hearing File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Town Council to conduct a Public Hearing on the proposed 2010-2011 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". Attachments: Action ByDate Action ResultVer. TITLE Town Council to conduct a Public Hearing on the proposed 2010-2011 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". Town Council Page 21 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-424-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/26/2011 Town Council On agenda:Final action:9/19/2011 Title:Town Council to conduct a Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD-21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P. (SUP-11-02) Attachments:Staff Report - TC.pdf Public Hearing Notice - Newspaper.pdf Public Hearing Notice - Residents.pdf Property Owners.pdf 500' map PD-21.pdf Action ByDate Action ResultVer. Planning & Zoning Commission9/6/2011 1 TITLE Town Council to conduct a Public Hearing to consider a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD -21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P. (SUP-11-02) EXPLANATION: This request is for a specific use permit for a liquor store to be located in the Plaza shopping center, 101 Trophy Lake Drive. The Council previously approved a liquor store as a permitted use in this shopping center and now Liquor Stop L.P. is requesting permission for an SUP to operate a liquor store in Suite 156. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: If approved, this will be the second SUP granted for a liquor store in Trophy Club. Most likely, this will be the last request for some time as there are no other existing shopping centers in which a liquor store would fit - for instance, Trophy Club Commons shopping center that is under construction will not be allowed to have a liquor store in that shopping center as there is a day care planned at that location and a liquor store cannot be within 300-ft. of a public or private school. This store and the Majestic store in PD-13 are a good addition to the retail base in Trophy Club. Staff recommends approval. Town Council Page 22 of 54 Meeting Date: September 19, 2011 TOWN COUNCIL STAFF REPORT September 19, 2011 Specific Use Permit Request for a Liquor Store for Retail Sales of Alcoholic Beverages for Off-Premise Consumption SUBJECT: Public Hearing, and Consider and Take Appropriate Action regarding a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD-21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P., dba Trophy Liquor (SUP-11-02) PROPERTY OWNER: Matthew Booth Regency Centers L.P. 8080 North Central Expressway, Suite 1650 Dallas, TX 75206 APPLICANT: Liquor Stop, L.P. dba Trophy Liquor Latif Hakemy, Managing Member 4847 Scyene Rd. Dallas, TX 75210 ADJACENT ZONING/EXISTING LAND USES: North: Commercial General/Trophy Club Commons South: State Highway 114/City of Westlake East: Beck Property/Floodplain and Residential West: R-8/residential BACKGROUND: On May 14, 2011, a measure on the local election ballot was passed by Trophy Club voters to allow the sale of liquor for off-premise consumption. On July 18, 2011, Council approved a zoning change request for Planned Development No. 21 to allow a liquor store as a permitted use. Town Council Page 23 of 54 Meeting Date: September 19, 2011 Town regulations regarding an SUP for a liquor store require the following information: 1. Description of Business The applicant, Liquor Stop, L.P., has executed a lease agreement with Regency Realty Corp. to lease approximately 3,500 sq. ft. of end cap space at 101 Trophy Lake Drive, Suite 156 in the Plaza shopping center. The Hakemy family has been in the liquor business for more than 25 years in the Dallas metropolitan area and currently operates 16 locations. The store they plan to open in Trophy Club will be primarily a “traditional” liquor store stocked with liquor, champagne, and cognac. The shop will be called “Trophy Liquor”. The applicant has indicated that the store will have a wood floor entryway, with carpeting throughout the store and aisles with hardwood flooring. The store’s liquor inventory will be displayed on wire shelving and there will be wood cabinet features around the checkout area. A golf motif will be used above the wall shelving to honor the historic golf origins of Trophy Club. The applicant will give a presentation and present photos to the Council to provide visual clarification of the look of the interior of the store. Town Council Page 24 of 54 Meeting Date: September 19, 2011 If approved by the Town, and if granted licensing approval through the Texas Alcoholic Beverage Commission (TABC), the store will begin tenant finish out, and plan to open for business in approximately 60 days from date of Council approval. Hours of Operation (authorized by TABC code): Monday through Saturday 10 a.m. to 9 p.m. CLOSED: Sundays, Thanksgiving Day, Christmas Day, and New Year’s Day 2. Shopping Center Site Plan Planned Development No. 21 (PD-21) is located along Trophy Lake Drive between State Highway 114 and Trophy Club Drive. The PD contains three (3) lots (tracts) on approximately 13 acres of land. Lot 1 consists of three buildings covering approximately 11 acres. Tom Thumb grocery store occupies one building and the other two buildings are occupied by a variety of retail commercial uses. Bank of America is located on Lot 2 and Walgreens is located on Lot 3. “Trophy Liquor” will be located in Suite 156 (only) -- the previous “Blockbuster Video” location. Town Council Page 25 of 54 Meeting Date: September 19, 2011 3. Security Plan Trophy Liquor’s security plans have been submitted and have been reviewed and approved by the Chief of Police. Security plans are subject to on-going review and coordination with the Chief of Police to ensure adequate security for the business and adequate safety for Trophy Club residents. 4. Parking The shopping center is zoned for commercial retail and commercial office uses and Town regulations require one space per 200 square feet of building area, which was met when the buildings were constructed. The shopping center offers 106,507 sq. ft. of commercial space, requiring 533 parking spaces. The center currently offers 655 parking spaces. 5. Signage Details The interior of the store will have a variety of signage. The exterior signage planned for the establishment is a wall sign on each of the south and west elevations of the building, and the addition of “Trophy Liquor” to three monument signs on the PD-21 property. Plan review and permitting of all signage is required and the sign must conform to Trophy Club’s sign regulations, Chapter 5, Article IV-Sign Regulations. Town Council Page 26 of 54 Meeting Date: September 19, 2011 Town Council Page 27 of 54 Meeting Date: September 19, 2011 6. Proximity to other Liquor Stores, Schools, Churches, Residential The proposed liquor store will be located in an established commercial retail and commercial office shopping center. No alcoholic beverages shall be sold within three hundred feet (300-ft.) of a church, public or private school, or public hospital. To date, Trophy Club has granted one other SUP to a liquor store. That liquor store will be located in PD-13 along State Highway 114 just west of Trophy Club Drive. The closest school to the proposed liquor store in PD-21 is Lakeview Elementary School located at 100 Village Trail. The closest day care is Merryhill Elementary located at 50 Village Trail. An additional day care facility is being built at 915 Trophy Club Drive (located in the shopping center to be known as “Trophy Club Commons”). The closest church is the Church of Trophy Lake located at the corner of Trophy Club Drive and Trophy Lake Drive. Of these facilities, the church is the nearest location to the proposed liquor store. From front door to front door, the distance measurement is 1,805 ft. This liquor store location is in compliance with Town and TABC distance regulations. Town Council Page 28 of 54 Meeting Date: September 19, 2011 Public Hearing As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 500-ft. of the shopping center were notified of this request. One resident called in support of the request. She is located in the residential neighborhood to the west of the shopping center and she indicated that she is in favor of the request as it will provide some sales tax revenue for the Town and it will enable her to buy locally when she purchases brandy to make bourbon balls at Christmas. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission heard this item on September 6, 2011, and made a motion recommending approval of this request. A motion was made by Commissioner Sheridan, seconded by Commissioner Forest, that this agenda item be recommended for Approval to the Town Council on September 19, 2011. The motion carried by a unanimous vote of 7-0. (ch) Attachments: Newspaper Public Hearing Notification Property Owner Notification List of Property Owners who received notification Map of Notification Area (500-ft.) Town Council Page 29 of 54 Meeting Date: September 19, 2011 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: August 19, 2011 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, August 24, 2011 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING TOWN OF TROPHY CLUB PLANNING & ZONING COMMISSION Tuesday, September 6, 2011 TOWN COUNCIL Monday, September 19, 2011 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 6:00 p.m., Tuesday, September 6, 2011, to consider a request for a Specific Use Permit for a liquor store to be located in the Plaza Shopping Center on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop L.P. The Town Council will hear this request on Monday, September 19, 2011 in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Town Council Page 30 of 54 Meeting Date: September 19, 2011 T o w n C o u n c i l P a g e 3 1 o f 5 4 M e e t i n g D a t e : S e p t e m b e r 1 9 , 2 0 1 1 T o w n C o u n c i l P a g e 3 2 o f 5 4 M e e t i n g D a t e : S e p t e m b e r 1 9 , 2 0 1 1 Bath Elizabeth 3 Cimarron Dr. Marxer Stephen 5 Cimarron Dr. Chamberlin Timothy & Mary 7 Cimarron Dr. Fluty Lucien 9 Cimarron Dr. Strand Scott 11 Cimarron Dr. Rauch Christopher, Altha, Catherine 13 Cimarron Dr. Johnson-Rasor Jeanette & James 15 Cimarron Dr. Ryan Timothy 8 Crooked Creek Ct. Dennison & Caudill Daniel & Richard 1 Llano Dr. Riley Devin 2 Llano Dr. Wilson Murrell & Sally 3 Llano Dr. Scott Elbert & Janette 4 Llano Dr. DiMaggio Mary 5 Llano Dr. Hofstrom Scott & Christina 6 Llano Dr. Cobb William & Paulette 7 Llano Dr. Hutton Brian 8 Llano Dr. Ward Tyrone & Tracy 9 Llano Dr. Jeffery Zachary, Matthew & Jessica 10 Llano Dr. Reeves Glenn & Lisa 2 Meadow Creek Ct. Davis Jeremy 3 Meadow Creek Ct. Baber Jeff & Lyn 4 Meadow Creek Ct. Morrison Jeffery & Rosalinda 5 Meadow Creek Ct. Williams Cecilia 6 Meadow Creek Ct. Werkstell Donald 7 Meadow Creek Ct. Grunthaner John 8 Meadow Creek Ct. Darden Terry & Leslie 1 Paint Rock Court 1-20-385 Development Llc 2 Paint Rock Court Doshier John 3 Paint Rock Court Slover-Roa Rosa 4 Paint Rock Court Roman Jeannette 5 Paint Rock Court Bennett Herbert 6 Paint Rock Court Lloyd Patrick & Anne 12 Riviera Ct. Williams Deborah 13 Riviera Ct. Doyle John & Marcia 14 Riviera Ct. Slusar Donald 15 Riviera Ct. Rhame Michael & Pamela 1 Round Rock Ct. Jackson Aaron, Matthew & Kalli 2 Round Rock Ct. Smith Kari 3 Round Rock Ct. Wilkinson Katherine 4 Round Rock Ct. Palmer Mark 5 Round Rock Ct. Wigley & Pierce Guynaell & Christopher 6 Round Rock Ct. Wesley Donna 1 Shasta Dr. Lewis John 2 Shasta Dr. Hill Joseph 3 Shasta Dr. Reckmeyer Daniel 4 Shasta Dr. Luers Dennis 5 Shasta Dr. Pulford Patricia 6 Shasta Dr. Ellison Michael 7 Shasta Dr. Sims Jeff & Michaela 8 Shasta Dr. PROPERTY OWNER NOTIFICATION - Liquor Store SUP - PD-21 Town Council Page 33 of 54 Meeting Date: September 19, 2011 PROPERTY OWNER NOTIFICATION - Liquor Store SUP - PD-21 Chaler Terry 9 Shasta Dr. First Baptist Church 800 Trophy Club Dr. Swift Douglas 971 Trophy Club Dr. Chlouber Keith & Cheryl 972 Trophy Club Dr. Beck Property 700 Trophy Club Drive Trophy Club Equities 915 Trophy Club Drive Clubcorp Golf Texas 1000 Trophy Club Drive Bank of America c/o I & L Dev Co 353 Trophy Lake Dr. Walgreens c/o Larry & Laurie Ann Scott 541 Trophy Lake Dr. Smith Larry 1 Village Trail Jones Royce 3 Village Trail Kleas Clint 5 Village Trail Simpson Sylvia 7 Village Trail Town of Westlake 3 Village Circle, Suite 202; Westlake Town Council Page 34 of 54 Meeting Date: September 19, 2011 T o w n C o u n c i l P a g e 3 5 o f 5 4 M e e t i n g D a t e : S e p t e m b e r 1 9 , 2 0 1 1 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-425-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/26/2011 Town Council On agenda:Final action:9/19/2011 Title:Consider and take appropriate action regarding a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD-21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P. (SUP-11-02) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission9/6/2011 1 TITLE Consider and take appropriate action regarding a request for approval of a Specific Use Permit (SUP) for a liquor store to sell alcoholic beverages for off-premise consumption; the store to be located in Planned Development No. 21 (PD-21), Plaza Shopping Center, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive; Applicant: Liquor Stop, L.P. (SUP-11-02) EXPLANATION: This request is for a specific use permit for a liquor store to be located in the Plaza shopping center, 101 Trophy Lake Drive, Suite 156. The Council previously approved a liquor store as a permitted use in this shopping center and now the Hakemy (pronounced Hick-key-me) Family is coming forward to ask permission for a SUP. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: If approved, this will be the second SUP granted for a liquor store in Trophy Club. Most likely, this will be the last request for quite a while as there are no other existing shopping center in which a liquor store would fit - for instance, Trophy Club Commons shopping center that is under construction will not be allowed to have a liquor store in that shopping center as there is a day care planned at that location and a liquor store cannot be within 300-ft. of a public or private school. This store and the Majestic store in PD-13 are a good addition to the retail base in Trophy Club. Staff recommends approval. Town Council Page 36 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-474-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/14/2011 Town Council On agenda:Final action:9/19/2011 Title:Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date. Attachments:ORD 2011-31 adopting Annual SAP Update (Bond) 2011.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date. EXPLANATION: An annual review and update of the Service and Assessment Plan and Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (hereinafter "PID1") is required by law. The Town's PID1 Administrator, David Taussig & Associates, has performed the appropriate review and has prepared the updated Service and Assessment Plan and the updated Assessment Roll (collectively "SAP") for PID1, included in the Council packet. The attached SAP is for principal and interest on the 2007 bond issue for authorized infrastructure improvements within PID1 ("Authorized Improvements"). A public hearing is not required for this SAP on the Authorized Improvements. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 37 of 54 Meeting Date: September 19, 2011 TOWN OF TROPHY CLUB ORDINANCE NO. 2011-31 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING AND APPROVING AN UPDATE OF THE SERVICE AND ASSESSMENT PLAN AND AN UPDATED ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (“PID1”) IN COMPLIANCE WITH CHAPTER 372 (AUTHORIZED IMPROVEMENT ASSESSMENT); MAKING AND ADOPTING FINDINGS; PROVIDING FOR THE INCORPORATION OF FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR PID1 ATTACHED AS AN EXHIBIT HERETO; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town of Trophy Club, Texas (the “Town Council”) held the public hearing in the manner required by law on the advisability of the public improvements and services described in the petition as required by Sec. 372.009 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the “PID Act ”) and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2007-08 adopted by a majority of the members of the Town Council, authorized the PID in accordance with its finding as to the advisability of the public improvements and services; WHEREAS, on November 5, 2007, after notice and a public hearing conducted in the manner required by law, the Town Council adopted Ordinance No. 2007-29, which was supplemented by Ordinance No. 2009-24 adopted by the Town Council on September 28, 2009 (as supplemented, the “Assessment Ordinance”); WHEREAS, on December 13, 2007, the Town Council issued bonds secured directly and indirectly, respectively, by the assessments levied pursuant to the Assessment Ordinance; WHEREAS, Section 372.013 of the PID Act and the Service and Assessment Plan require that the Service and Assessment Plan and Assessment Roll be annually reviewed and updated; WHEREAS, the Annual Service Plan Update and updated Assessment Roll attached as Exhibit “A” hereto conform the original Assessment Roll to the principal and interest payment schedule required for the bonds, thereby reducing the amounts listed on the original Assessment Roll, and update the Assessment Roll to reflect prepayments, property divisions and changes to the budget allocation for District public improvements that occur during the year, if any; and Town Council Page 38 of 54 Meeting Date: September 19, 2011 WHEREAS, the Town Council now desires to proceed with the adoption of this Ordinance which supplements the Assessment Ordinance and approves and adopts the Annual Service Plan Update and the Updated Assessment Roll attached thereto, in conformity with the requirements of the PID Act, for the fiscal year beginning October 1, 2011, and ending September 30, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Findings The findings and determinations set forth in the preambles above are incorporated herein for all purposes and are hereby adopted. Section 2. Annual Service Plan Update and Updated Assessment Roll The Annual Service Plan Update and Updated Assessment Roll attached hereto as Exhibit “A” are hereby accepted and approved and compliance with the PID Act in all matters is required. Section 3. Cumulative Repealer That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances 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 such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. Section 4. Severability If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Town Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Town Council Page 39 of 54 Meeting Date: September 19, 2011 Section 5. Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 6. Effective Date This Ordinance shall take effect, and the levy of the Assessments, and the provisions and terms of the Plan shall be and become effective on upon passage and execution hereof in accordance with the law. ADOPTED, PASSED, and APPROVED by the Town Council by a vote of ____ members voting “for” and ____ members voting “against” and with ____ absentees on this ___ day of September, 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 Page 40 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-443-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/7/2011 Town Council On agenda:Final action:9/19/2011 Title:Receive an update from staff on the 2009 Park Bond; discussion of same. Attachments:Park Bond Financial Review.pdf Action ByDate Action ResultVer. TITLE Receive an update from staff on the 2009 Park Bond; discussion of same. EXPLANATION: Council has asked for an update concerning what funds have been expended by the bond, what funds remain in the bond and what projects those remaining funds could be allocated for. Park Board, in their September 8 meeting presented staff with additional items and projects that they request staff and the Park Facilities Sub-Committee to explore. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Town Council Page 41 of 54 Meeting Date: September 19, 2011 Bond Amount 5,000,000$ Less: Bond Issuance Costs (64,970)$ Available Funds 4,935,030$ 2009-10 Interest Earned 3,750$ Total 2009-10 FUNDS 4,938,780$ 2009-10 Expenditures Construction Expense Freedom Park (9,288)$ Independence (178,781)$ Total Construction Expense (188,069)$ Professional Outside Services Independence (432)$ Tota Professional Outside Services (432)$ Capital Expenses Community Pool (UV Filter)(12,950)$ Total Capital Expenses (12,950)$ TOTAL 2009-10 EXPENDITURES (201,451)$ REMAINING FUNDS AT 9-30-10 4,737,329$ PARK BOND FINANCIAL REVIEW Town Council Page 42 of 54 Meeting Date: September 19, 2011 BEGINNING BALANCE AT 10-1-10 4,737,329$ 2010-11 Revenues 2010-11 YTD Interest Income 4,391$ TOTAL 2010-11 REVENUES 4,391$ 2010-11 Expenditures Construction Expense Independence (2,571,433)$ Harmony (1,599)$ Freedom (336,024)$ Eastside Trail Head (43,445)$ Total Construction Expense (2,952,500)$ Engineering Expense Independence (155,438)$ Harmony (263)$ Freedom (69,103)$ Eastside (1,151)$ Total Engineering Expense (225,955)$ TOTAL 2010-11 EXPENDITURES (3,178,455)$ CURRENT REMAINING FUNDS 1,563,265$ Town Council Page 43 of 54 Meeting Date: September 19, 2011 2010-11 Expenditures by Program Independence Park (2,726,871)$ Harmony Park (1,862)$ Freedom Park (405,127)$ Eastside Trail Head Acquisition (44,596)$ Total Expenditures by Program (3,178,455)$ CURRENT REMAINING FUNDS 1,563,265$ Town Council Page 44 of 54 Meeting Date: September 19, 2011 Remaining Expenditures Construction Expense Independence (820,008)$ Harmony (49,093)$ Freedom (203,112)$ Eastside Trail Head (9,863)$ Total Construction Expense (1,082,076)$ Engineering Expense Independence (40,000)$ Harmony (15,000)$ Freedom (12,000)$ Total Engineering Expense (67,000)$ TOTAL REMAINING EXPENDITURES (1,149,076)$ Remaining Expenditures by Program Independence Park (860,008)$ Harmony Park (64,093)$ Freedom Park (215,112)$ Eastside Trail Head Acquisition (9,863)$ Total Expenditures by Program (1,149,076)$ PROJECTED REMAINING FUNDS 414,189$ Town Council Page 45 of 54 Meeting Date: September 19, 2011 Potential Bond Projects Discussed at the 9/8/11 Park Board Meeting 1. Harmony Park a. light tennis courts b. splash pad c. bouldering area d. small game area 2. Independence East a. t-ball fields in remaining ball field area b. playground c. lighting for North multi-use field (football & soccer) 3. Community pool – more shade structures at splash pad 4. Trophy Club Park a. Engineering and possible road improvements b. Minor trail improvements c. Acquisition of trail-head property 5. At Large a. Bocce ball court b. completion of fishing pier and aquatic study for the amenity lakes c. drainage improvements and removal of underbrush adjacent to Freedom Dog Park d. rec/community center study Town Council Page 46 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-468-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Consider and take appropriate action regarding financial and variance report dated August 2011. Attachments:August 2011 Monthly Financial Report.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated August 2011. Town Council Page 47 of 54 Meeting Date: September 19, 2011 Amended August 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$ 4,695$ 3,434,933$ 10,935$ 100.3% SALES TAX 517,450 517,450 - 394,892 (122,558) 76.3% FRANCHISE FEES 565,200 565,200 43,773 523,604 (41,596) 92.6% BUILDING PERMITS 504,000 504,000 48,473 598,910 94,910 118.8% DEVELOPER FEES 50,000 81,766 - 160,542 78,776 196.3% MUD SERVICE CONTRACT 228,076 228,076 228,076 228,076 - 100.0% EMS & MUNICIPAL COURT 300,633 300,633 23,417 286,313 (14,320) 95.2% TRANSFERS & OTHER REVENUE 384,442 384,442 49,428 338,431 (46,011) 88.0% RECREATION PROGRAMS 181,300 181,300 22,959 200,745 19,445 110.7% TOTAL REVENUE 6,155,099 6,186,865 420,820 6,166,446 (20,419) 99.7% EXPENDITURES MANAGER'S OFFICE 546,417 546,417 38,072 485,157 (61,260) 88.8% POLICE 1,499,755 1,499,755 114,000 1,247,599 (252,156) 83.2% EMS 676,891 676,891 81,450 599,697 (77,194) 88.6% STREETS 398,446 398,446 44,058 350,833 (47,613) 88.1% PARKS 953,622 953,622 137,516 845,185 (108,437) 88.6% RECREATION 609,843 609,843 94,900 479,839 (130,004) 78.7% PLANNING & ZONING 144,694 144,694 7,784 120,525 (24,169) 83.3% COMMUNITY DEVELOPMENT 191,206 191,206 25,720 170,484 (20,722) 89.2% COURT 79,751 79,751 6,200 69,186 (10,565) 86.8% LEGAL 154,818 154,818 15,672 128,870 (25,948) 83.2% FINANCE 390,915 390,915 33,322 327,443 (63,472) 83.8% INFORMATION SYSTEMS 296,337 296,337 28,483 259,478 (36,859) 87.6% HUMAN RESOURCES 81,752 81,752 7,355 76,982 (4,770) 94.2% FACILITIES MANAGEMENT 77,580 77,580 4,502 73,926 (3,654) 95.3% TOTAL EXPENDITURES 6,102,027 6,102,027 639,033 5,235,205 (866,822) 85.8% EXCESS/(DEFICIT)53,072$ 84,838$ (218,213)$ 931,241$ 13.9% CURRENT FISCAL YEAR, 2010-11 August 2011 GENERAL FUND 11/12 Months (91% of Fiscal Year) Town Council Page 48 of 54 Meeting Date: September 19, 2011 GENERAL FUND August 2011 11/12 Months (91% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax - As required by the Government Accounting Standards Board, sales tax is reported for the month it is collected by the vendor. August, 2011 collections are remitted to the Town in October, 2011. Receipts are reported on a two month lag, therefore August, 2011 revenues reflect only nine months (75% 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 and March 2011 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 Page 49 of 54 Meeting Date: September 19, 2011 Amended August 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$ 8,956 101,948 (24,052)$ 80.9% TOTAL RESOURCES 126,000 126,000 8,956 101,948 (24,052) 80.9% EXPENDITURES TROPHY CLUB PARK 126,000 126,000 8,592 102,411 (23,589) 81.3% TOTAL EXPENDITURES 126,000 126,000 8,592 102,411 (23,589) 81.3% EXCESS/(DEFICIT)-$ -$ 364 (463)$ TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2010-11 August 2011 11/12 Months (91% of Fiscal Year) Town Council Page 50 of 54 Meeting Date: September 19, 2011 TROPHY CLUB PARK FUND August 2011 11/12 Months (91% of Fiscal Year) REVENUES Park Revenue – The Motocross Track opened in November, 2008 and use of the park is seasonal. Town Council Page 51 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-470-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - September 14, 2011 Northwest Communities Partnership Meeting - September 15, 2011 Metroport Cities Partnership Meeting - September 15, 2011 Second Annual Tarrant County Mayors Lunch - September 16, 2011 United Way 2011 Kick Off Luncheon - September 17, 2011 Annual GrapeFest Mayoral GrapeStomp Competition Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - September 14, 2011 Northwest Communities Partnership Meeting - September 15, 2011 Metroport Cities Partnership Meeting - September 15, 2011 Second Annual Tarrant County Mayors Lunch - September 16, 2011 United Way 2011 Kick Off Luncheon - September 17, 2011 Annual GrapeFest Mayoral GrapeStomp Competition Town Council Page 52 of 54 Meeting Date: September 19, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-471-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/13/2011 Town Council On agenda:Final action:9/19/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 53 of 54 Meeting Date: September 19, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 8. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/Slye, 8/15/11) 11. Consider and take appropriate action regarding the Park Bond projects and fund allocation to include a comprehensive cost/status review of all projects included in the original park bond presentations. (Rose, 8/1/2011) Scheduled 9/12/2011 12. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 13. Consider and take appropriate action regarding the Town’s park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011) 14. Schedule a strategic planning session (Strother, 9/12/2011) Town Council Page 54 of 54 Meeting Date: September 19, 2011