Loading...
Agenda Packet TC 09/24/2012Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, September 24, 2012 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2012-476-T Consider and provide direction regarding draft ordinances permitting the operation of golf carts on streets in Trophy Club. golf cart memo.pdf golf cart accessories.pdf Draft Golf Cart Ordinance.pdf Attachments: 2. 2012-445-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 24, 2012. 3.2012-477-T Discussion of proposed agenda items for the October 1, 2012 Regular Session Agenda. October 1 2012 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 315 Meeting Date: September 24, 2012 September 24, 2012Town Council Meeting Agenda 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. 4.2012-447-T Consider and take appropriate action regarding the Minutes dated September 10, 2012. Sept 10 2012 Minutes.pdfAttachments: 5.2012-443-T Consider and take appropriate action regarding a Resolution of the Town Council establishing energy conservation goals as required by state law; requiring the filing of an annual compliance report with the State Energy Conservation Office; and providing an effective date. RES 2012-24 SP 898.pdfAttachments: 6.2012-406-T Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club amending Resolution 2012-09 in order to fill a vacant seat on the Charter Review Commission; and providing an effective date. RES 2012-25 Amending RES 2012-09 CRC Appointment.pdfAttachments: 7.2012-471-T Consider and take appropriate action regarding an interlocal cooperation contract between the Town and Texas Department of Public Safety to implement provisions relative to Chapter 706 of the Transportation Code regarding denial of renewal of drivers license through the Omnibase Program; authorizing the Mayor or her designee to execute necessary documents. Omnibase ICA.pdfAttachments: PUBLIC HEARING 8.2012-448-T 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. 9.2012-449-T Town Council to conduct a Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance to amend Chapter 13 "Zoning", Article II "Definitions", Section 2.02 "General Definitions" to amend the definition for “Hotel or Motel” and to adopt a definition for “Bank or Financial Institution”. (ADM-11-008) Staff Report - TC.pdfAttachments: Town Council Page 2 of 315 Meeting Date: September 24, 2012 September 24, 2012Town Council Meeting Agenda REGULAR SESSION 10.2012-450-T Consider and take appropriate action regarding an Ordinance amending the Comprehensive Zoning Ordinance of the Town, Chapter 13 of the Code of Ordinances, "Zoning", Article II "Definitions", Section 2.02 "General Definitions" to amend the definition of "Hotel or Motel" and to adopt a definition for "Bank and Financial Institution"; providing a penalty; and providing an effective date. 11.2012-451-T Consider and take appropriate action regarding the approval of a Resolution of the Town Council repealing Resolution No. 2011-25, Resolution No. 2011-26, and Resolution No. 2012-01 and adopting a new Resolution making annual appointments of citizens and Council liaisons to serve Town Boards and Commissions; and providing an effective date. CFAB Applicants.pdf EDC 4A Applicants.pdf EDC 4B Applicants.pdf Ethics Applicants.pdf P&Z Applicants.pdf Parks Applicants.pdf ZBA Applicants.pdf 2012 Board Applicant Info.pdf Recommendations.pdf RES 2012-26 Annual Appointments.pdf Attachments: 12.2012-452-T Consider and take appropriate action regarding the approval of the proposal submitted by First Financial Bank to provide bank depository services to the Town; designating First Financial Bank as the Town's Bank Depository; and authorizing the Mayor or her designee to execute all necessary documents. Bank RFP Cover Letter.pdfAttachments: 13.2012-453-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 2012-20 Bond SAP.pdfAttachments: 14.2012-454-T 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 Services (Fire and Related Services) and an 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. ORD 2012-21 Services SAP.pdfAttachments: Town Council Page 3 of 315 Meeting Date: September 24, 2012 September 24, 2012Town Council Meeting Agenda 15.2012-459-T Consider and take appropriate action regarding an Ordinance of the Town Of Trophy Club, Texas adopting and approving the budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013 for Trophy Club Economic Development Corporation 4A; making appropriations for each project, operation, activity, purchase, account and other expenditures; providing for expenditures as allowed by applicable law; and providing an effective date. ORD 2012-22 Adopting EDCA FY13.pdfAttachments: 16.2012-460-T Consider and take appropriate action regarding an Ordinance of the Town Of Trophy Club, Texas adopting and approving the budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013 for Trophy Club Economic Development Corporation 4B; making appropriations for each project, operation, activity, purchase, account and other expenditures; providing for expenditures as allowed by applicable law; and providing an effective date. ORD 2012-23 Adopting EDCB FY13.pdfAttachments: 17.2012-455-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas adopting and approving the Budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013, making appropriations; providing for expenditures as allowed by applicable law; providing for filing of documents; repealing conflicting ordinances; and providing an effective date. Budget Ordinance Backup Summary.pdf ORD 2012-24 Adopting Budget FY2012-13.pdf Attachments: 18.2012-456-T 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, 2012, and ending September 30, 2013; directing the assessment thereof; and providing an effective date. ORD 2012-25 Fixing and Levying Municipal Ad Valorem Tax FY13.pdfAttachments: 19.2012-457-T 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, 2012, and ending September 30, 2013. 20.2012-458-T 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 2012; and providing an effective date. Letters of Approval.pdf RES 2012-27 Tax Roll Approval.pdf Attachments: 21.2012-470-T Consider and take appropriate action regarding the Town Council meeting schedule for the remainder of 2012. Oct-Dec Monthly Meeting Calendar.pdfAttachments: 22.2012-461-T Consider and take appropriate action regarding financial and variance report dated August 2012. August 2012 Monthly Financials.pdfAttachments: Town Council Page 4 of 315 Meeting Date: September 24, 2012 September 24, 2012Town Council Meeting Agenda 23.2012-462-T Town Council Liaison Updates; discussion of same: ·September 11, 2012 Parks and Recreation Board; Council member Tiffany ·September 18, 2012 TCMUD1; Council member Rose 24.2012-463-T Town Manager Slye's update regarding the following; discussion of same. ·Transportation o Roundabout o 114/170 ·Parks o Multi-Use Field Lights o NEOS Play System - Harmony Park ·INCODE Municipal Software ·TML IEBP Board Meeting - Sept 26-28 25.2012-464-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. ·September 12, 2012 Northwest Communities Partnership Meeting ·September 20, 2012 NTC Annual Luncheon 26.2012-465-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. EXECUTIVE SESSION 27.2012-468-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Open Meetings Act, Section 551.074(a)(1) Personnel Matters, the Council will enter into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee . (1) Town Manager, Mike Slye (2) Town Secretary, Shannon DePrater (3) Town Attorney, Patricia Adams RECONVENE INTO REGULAR SESSION 28.2012-469-T Consider and take appropriate action regarding the Executive Session. 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 5 of 315 Meeting Date: September 24, 2012 September 24, 2012Town 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 Friday, September 21, 2012 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 ______________________, 2012. ________________________________, Title: ___________________________ Town Council Page 6 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-476-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/21/2012 Town Council On agenda:Final action:9/24/2012 Title:Consider and provide direction regarding draft ordinances permitting the operation of golf carts on streets in Trophy Club. Attachments:golf cart memo.pdf golf cart accessories.pdf Draft Golf Cart Ordinance.pdf Action ByDate Action ResultVer. TITLE Consider and provide direction regarding draft ordinances permitting the operation of golf carts on streets in Trophy Club. EXPLANATION: At the request of Council member Tiffany, Town Manager Slye directed Chief Kniffen to research the issue of permitting the operation of golf carts on the streets of Trophy Club. The memorandum and draft ordinances attached are the result of that research. TOWN COUNCIL GOAL(S): 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 Town Council Page 7 of 315 Meeting Date: September 24, 2012 MEMORANDUM To: Mayor, Council, and Town Manager Date: September 12, 2012 From: Chief Kniffen Re: Golf Cart Ordinance At the direction of Town Manger Slye, I prepared a draft of a proposed ordinance permitting golf cart usage on public streets in Trophy Club beyond that currently permitted by state law. Current state law permits golf carts to be operated under limited circumstances. Section 551.403 of the Transportation Code states: (a) An operator may operate a golf cart: (1) in a master planned community: (A) that has in place a uniform set of restrictive covenants; and (B) for which a county or municipality has approved a plat; (2) on a public or private beach; or (3) on a public highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated: (A) during the daytime; and (B) not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course. If operated under this section, the golf cart is required to display a slow moving vehicle emblem. Section 551.404 of the Transportation Code states that the governing body of a municipality may permit the operation of golf carts within the corporate boundaries of the municipality on streets with a posted speed limit of not more than 35 miles per hour. The Transportation Code defines a golf cart as a motor vehicle “designed by the manufacturer primarily for transporting persons on a golf course.” It is specifically excluded from the definition of a passenger car. If operated under Section 551.404, the golf cart is required to have headlamps, tail lamps, reflectors, a parking brake, mirrors, and a slow moving vehicle emblem. Under the Transportation Code, a golf cart is neither required nor permitted to be registered. A vehicle “for which a certificate of title has been issued but that is not required to be registered,” is not subject to the motor vehicle inspection statute. Under Section 601.052 of the Transportation Code, the requirement for liability insurance coverage does not extend to “the operation of a golf cart not required to be registered under Section 502.284.” We have at least one golf cart in Town that was registered prior to the elimination of that requirement. It is required to have liability insurance. In preparing this draft ordinance, I reviewed a number of city ordinances, state statutes, and the National Highway Traffic Safety Administration (NHTSA) final rule on the operation of golf carts and other similar size vehicles. Due to their length, I have not attached these documents. The NHTSA document may be found at http://www.nhtsa.gov/cars/rules/rulings/lsv/lsv.html. Town Council Page 8 of 315 Meeting Date: September 24, 2012 The ordinances I reviewed span the nation and include ordinances from Palm Desert, Saddle Creek, Lincoln, and San Diego, CA; Ayden, Cramerton, Badin, Erwin, and Indian Beach, NC; North Liberty, IA; Homer, IL; Madison, MN; Covington, GA; and League City, TX. The City of Alvin passed an ordinance that is very similar to League City’s ordinance. The Trophy Club ordinance is modeled and, in many cases, uses the same wording as the League City ordinance. A review of the highlights contained in these ordinances is attached. The NHTSA ruling dates back to the late 1990’s. In this ruling, a new vehicle description is created. Prior to the rule, any vehicle with a top speed of 20 miles per hour or more was considered a motor vehicle and was subject to all of the safety equipment regulations applicable to any motor vehicle. This ruling instituted the designation of Low Speed Vehicle (LSV) and defined it as an electric motorized cart having a top speed of 20-25 miles per hour. The NHTSA does not primarily control operational issues that are left to the states or municipalities but have the authority to control the mandatory equipment on each vehicle. As such, LSV’s have a lengthy list of safety equipment that is not required by NHTSA rule on a vehicle with a top speed of less than 20 miles per hour. The Palm Desert, CA, ordinance appears to have been in effect for a number of years and requires virtually all of the equipment listed in the NHTSA rules. It lists three classes of golf cart lanes, one of which is a right of way completely separate from any roadway, one that is strictly for golf cart use, and one type shared with motorists, pedestrians, and bicyclists. In reviewing the fourteen ordinances listed above, I found that nine specifically required that the operator have a driver license. The other five did not specify this requirement but two of the five specified that “all laws pertaining to motor vehicles” applied to golf carts so the driver license requirement is presumed to apply to golf cart operators in these cities as well. Seven of the fourteen listed 16 as the minimum age for operators, one listed 18, and six listed no specific age requirement. Two of the six, as noted above, stated that laws applying to motor vehicles applied to golf carts so minimum age would be that set as the age at which one could obtain a driver license in that state. A variety of different equipment requirements were listed. One, San Diego, specified a special zone in which golf carts could be operated on public roadways. That requirement authorized operation within one mile of a specific golf course. Speed limits for carts varied from 15 miles per hour to 25 miles per hour. Roadway speed limits on roads golf carts could operate varied from 25 miles per hour to 45 miles per hour. Twelve of the fourteen required a permit from the city or town and four indicated that an inspection was required. Permit fees ranged from $10 for two years to $50 for two years. Nine of the fourteen specifically stated that the number of occupants could not exceed the number of available seats. Those that listed fines ranged from $25 to $750 for violation of the ordinance. Seven of the fourteen specifically listed liability insurance as a requirement for operation on the street and two stated that all laws pertaining to motor vehicles applied to golf carts. Seven of the fourteen stated that the golf carts could be operated on the streets essentially from sunrise to Town Council Page 9 of 315 Meeting Date: September 24, 2012 sunset. In League City, for example, the operation was permitted from 30 minutes before sunrise to 30 minutes after sunset. The draft ordinance permits both Low Speed Vehicles with top speed of 20-25 MPH and electric powered carts with a top speed of less than 20 MPH. This draft specifically excludes, “motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, and go- carts” under the definition of a LSV and “motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, go-carts, and any gas powered motorized cart,” under the definition of a motorized cart. Any motorized cart with top speed of 20-25 MPH (LSV) requires “a windshield that conforms to the Federal motor vehicle safety standard on glazing materials,” while electric powered cart requires only a windshield. The exact definition of “a windshield that conforms to the Federal motor vehicle safety standard on glazing materials” was not located but a local golf cart/LSV vendor advised that the windshield on a LSV is the same as the windshield on a motor vehicle. This same vendor provided an estimate of the cost to retrofit a standard golf cart with all of the safety equipment required in the draft ordinances. That quote is attached. While this draft ordinance permits only battery powered motorized carts or LSV’s, Council may permit battery powered or gasoline powered carts. Either type of cart may be permitted under the Transportation Code. According to a local vendor, LSV’s are not produced with gasoline engines. The draft ordinance would permit motorized carts to drive in the same lane as motor vehicles. This has the potential to slow traffic and increase driver frustration, especially on Trophy Club Drive and Indian Creek Drive, where there are calming lanes. While the calming lanes are used by pedestrians, bicyclists, and to park vehicles, the intent of a calming lane is to slow traffic. Permitting the calming lanes to be used by motorized carts would be problematic given these other uses. Having motorized carts darting in and out of the main traffic way to avoid parked cars could produce more motorized cart/motor vehicle conflicts. An alternative would be to permit only motorized carts to use the calming lanes. The draft ordinance permits only licensed drivers 18 years of age or older to operate a motorized cart. It also prohibits the use of motorized carts within a posted school zone during school zone hours. The school zones are most heavily traveled during the school zone times. Adding motorized carts into a high volume traffic area increases the possibility of motorized cart/motor vehicle conflicts. The draft ordinance restricts the number of passengers to the number of seat belts in the motorized cart. If only two seat belts are installed only two persons – the driver and one passenger – may be transported regardless of the seating capacity of the cart. The inspection/permitting process would, more than likely, have a high demand shortly after it was announced that would taper off dramatically. It is anticipated that the inspection would be Town Council Page 10 of 315 Meeting Date: September 24, 2012 done by police officers and, once the permit fee was paid and the inspection was passed, a permit would be affixed to the motorized cart by the officer. More than likely, we would hold inspections on two Saturdays. We would need three officers on the scene, hopefully Byron Nelson High School parking lot. Applicants would need to trailer their carts to the school where the first officer would collect the inspection fee, obtain the required information, and an perform an inspection to ensure that all of the safety equipment was installed. The applicant would need to sign a waiver permitting a second officer to operate the cart to determine the top speed while a third officer checked the speed with radar. Depending on whether or not LSV’s are permitted, any cart with a top speed of 20-25 MPH would either be required to meet the equipment requirements of a LSV or would be required to be altered to decrease the top speed prior to a permit being issued. After the two Saturday inspections, quarterly inspection dates would be set. Given the need for a standardized location for the inspection and speed check, it is not possible to have these inspections done on a “walk- in” basis. Town Council Page 11 of 315 Meeting Date: September 24, 2012 Trophy Club Police Department G. Scott Kniffen – Chief of Police Parts for EZGO carts – TXT or PDS The TXT and PDS cars are the most common Note: The RXV model runs about 25% more expensive Head light and tail light package $ 235 Electronic brake pedal for tail lights $ 150 Turn signal $ 175 Horn assembly $ 75 SMV emblem $ 25 Standard windshield – fold down version $ 155 Reflectors – 6 $ 25 Seatbelts - lap version – 2 $ 110 Rear view mirror $ 45 Parking brake – cart already has brake lock NC Labor to install all items $ 200 Total $ 1195 Total with tax $ 1293.59 David Scott / owner Adventure Golf Cars 275 Commerce Street, ste 110 Southlake, TX. 76092 817.481.2800 w 817.488.8963 f www.adventuregolfcars.com Town Council Page 12 of 315 Meeting Date: September 24, 2012 WHEREAS, the Texas Transportation Code authorizes the governing body of a municipality to regulate and control the operation of Low Speed Vehicles (LSV) or Motorized Carts (golf carts only) within the Town’s legal boundaries and on its public Streets to ensure the public safety of the community; and WHEREAS, Town Council of the Town of Trophy Club, Texas, deems it to be in the best interest and safety of the citizens to regulate and control the operation of LSV’s or Motorized Carts (golf carts only) within the Town’s legal boundaries and on its public Streets. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, as follows: Section 1. The facts and opinions in the preamble of this ordinance are true and correct. Section 2. Chapter 10 of the Code of Ordinances of the Town of Trophy Club, Texas shall hereby be amended by the addition of Article ??? as follows: MOTORIZED CARTS Applicability The provisions of this ordinance shall apply to all Low Speed Vehicles (LSV) or Motorized Carts operated upon a public Street within the Town of Trophy Club except: A. The operation of LSV’s or Motorized Carts is not subject to the provisions of this article under the following circumstances: 1. The operation of Motorized Carts at golf courses, private clubs or on private property, with the consent of the Owner 2. The operation of LSV’s or Motorized Carts within gated or limited access communities unless the homeowners living within the community have requested traffic enforcement on their Streets and it has been approved by Council, 3. The use of a LSV’s or Motorized Carts in connection with a parade, a festival or other special event provided the consent of the sponsor is obtained and provided such vehicle is only used during such event. 4. The use of LSV’s or Motorized Carts by the Town of Trophy Club on official police business or the use of LSV’s or Motorized Carts by Town personnel for official business on Town owned or leased property. Definitions The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Driver means the person driving and having physical control over the LSV or Motorized Cart. Driver’s License means an authorization issued by a State for the operation of a motor vehicle. The term includes: (1) a temporary license or instruction Permit; and (2) an occupational license. Town Council Page 13 of 315 Meeting Date: September 24, 2012 Low Speed Vehicle (LSV) means a motor vehicle that is four wheeled and has an attainable top speed of more than 20 miles per hour and not more than 25 miles per hour on a paved level surface, which is manufactured or retrofitted in compliance with those federal motor vehicle safety standards for low-speed vehicles, and has a weight of less than 3000 pounds. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, and go-carts. Motorized Cart means those electric powered carts, commonly referred to as golf carts, but which must have a minimum of four wheels and which have an attainable top speed of less than 20 miles per hour on a paved level surface. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, go-carts, and any gas powered Motorized Cart. Owner means the person holding title to the LSV or Motorized Cart. Parking Area means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in place referred to as parking lots. Permit means a certificate/decal of authorization issued to the applicant authorizing the operation of the LSV or Motorized Cart for which the Permit was issued. The decal will display the month and year of expiration. Permit Holder means the person to whom a LSV or Motorized Cart Permit has been issued. Sidewalk means the portion of a Street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Slow-Moving-Vehicle-Emblem means a triangular emblem that conforms to standards and specifications adopted by the director under Section 547.104 and displayed in accordance with Section 547.703 of the Texas Transportation Code. Street means the public roadways of the Town of Trophy Club by whatever name, e.g. road, alley, avenue, highway, route, boulevard, etc. that (a) has a posted speed limit of 35 miles per hour or less; or (b) provides for no more than two lanes of vehicular traffic per direction; or (c) is not designated as part of either the State or Federal highway system. Traffic Way is any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The Traffic Way includes all property, both improved and unimproved, between the property lines of a roadway system. Working Days shall mean Monday through Friday, 8 AM-5 PM excluding Town holidays. Town Council Page 14 of 315 Meeting Date: September 24, 2012 Low Speed Vehicle (LSV) required equipment. A. Every LSV required to be Permitted under this section must be equipped with the following: 1. Operational headlamps (2 required); 2. Operational tail lamps (2 required); 3. Side reflectors (2 near the front: amber in color and 2 near the rear: red in color); 4. Stop lamps; 5. Front and rear turn signal lamps; 6. Operational parking brake; 7. An exterior mirror mounted on the Driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror (capable of a clear unobstructed view of at least 200 feet to the rear); 8. Reflex reflectors: one red on each side as far to the rear as practicable and one red on the rear; 9. Horn (must be audible for a distance of 200 feet in compliance with Texas Transportation Code, Section 547.501); 10. A windshield that conforms to the Federal motor vehicle safety standard on glazing materials (49 CFR 571.205); and 11. A Type 1 or Type 2 seat belt assembly conforming to Federal Motor Vehicle Safety Standard No. 209, seat belt assemblies, installed at each designated seating position. All required equipment shall meet Texas and Federal Motor Vehicle Safety Standards. Low Speed Vehicles not in compliance with these equipment standards shall not be permitted to operate on the Streets of the Town of Trophy Club. Motorized Cart required equipment A. Every Motorized Cart required to be Permitted under this section must be equipped with the following: 1. Operational headlamps (2 required); 2. Operational tail lamps (2 required); 3. Side reflectors (2 front: amber in color and 2 rear: red in color); 4. Stop lamps (2 required); 5. Front and rear turn signal lamps; 6. Operational parking brake; 7. An exterior mirror mounted on the Driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror (capable of a clear unobstructed view of at least 200 feet to the rear); 8. Slow-Moving-Vehicle Emblem on the rear; 9. Horn (must be audible for a distance of 200 feet in compliance with Texas Transportation Code, Section 547.501); 10. A windshield; and 11. A Type 1 or Type 2 seat belt assembly conforming to Federal Motor Vehicle Safety Standard No. 209, seat belt assemblies, installed at each designated seating position. Town Council Page 15 of 315 Meeting Date: September 24, 2012 All required equipment shall meet Texas and Federal Motor Vehicle Safety Standards. Motorized Carts not in compliance with these equipment standards shall not be permitted to operate on the Streets of the Town of Trophy Club. Operational Regulations A. All Drivers of LSV’s or Motorized Carts shall be at least 18 years of age, hold a valid Driver’s License and shall abide by all traffic regulations applicable to vehicular traffic when using the authorized Streets and Parking Areas of the Town. B. LSV’s or Motorized Carts shall not be operated on any Sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic except for official police business or by Trophy Club personnel conducting a required job function directly related to their assigned duties. C. No person may operate a LSV’s or Motorized Carts upon any portion of a Street or Traffic Way having a posted speed greater than 35 M.P.H. or within a posted school zone during school zone hours. D. All LSV’s or Motorized Carts are entitled to a full use of a lane on the authorized Streets and Parking Areas of the Town and no motor vehicle shall be driven in such a manner as to deprive any LSV’s or Motorized Carts of the full use of a lane. E. The Driver of a LSV or Motorized Cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. F. No Driver shall operate a LSV or Motorized Cart between lanes of traffic or between adjacent lines or rows of vehicles. G. The Driver of a LSV or Motorized Cart with a current and valid Texas Driver’s License operating the cart on a Street (as defined herein) may cross a multi-lane or a federal, county or state route only at an intersection controlled by an official traffic control device which stops traffic from all directions. If a cart crossing path is provided for transition between one section of a golf course to another section of the same golf course across a Street, the operator shall cross at and within the cart crossing path. H. The number of occupants in a LSV or Motorized Cart shall be limited to the number of persons for whom seat belts are provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated. The operator shall not permit any occupant of the vehicle to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. I. Children must be properly seated while a LSV or Motorized Cart is in motion and may not be transported in a reckless or negligent manner. Children under the age and size Town Council Page 16 of 315 Meeting Date: September 24, 2012 limitations requiring child safety seats, car seats, or booster seats may not be transported in a LSV or Motorized Cart. J. No person may operate or be transported in a LSV or Motorized Cart unless restrained by a safety belt restraint. K. LSV’s or Motorized Carts may only be parked in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of LSV’s or Motorized Carts in areas where parking is not allowed or in any place that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. LSV’s or Motorized Carts shall not park within any space designated for disabled persons unless a current disabled parking placard is displayed and the person to whom the placard was issued is operating or being transported by the LSV or Motorized Cart. L. LSV’s or Motorized Carts may not be used for the purpose of towing another cart, trailer or vehicle of any kind including a person on roller skates, skateboard, bicycle, or other wheeled device. A person employed by a golf course may tow a cart for the purpose relocating the cart from one portion of a golf course to another portion of the same golf course and may cross a roadway while doing so. M. LSV’s or Motorized Carts shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred (500) feet. Unless an emergency condition exists, LSV’s or Motorized Carts may only be operated on public roadways from 30 minutes prior to sunup to 30 minutes after sundown. Liability Nothing in this section shall be construed as an assumption of liability by the Town of Trophy Club for any injuries to persons, pets, or property which may result from the operation of a LSV or Motorized Cart. Owners are fully liable and accountable for the actions of any individual that they provide permission to operate and drive said LSV or Motorized Cart, both on personal and/or city and public properties. This described liability responsibility especially applies to personal injuries or property damage resulting from LSV or Motorized Cart Drivers who are minors under the age of 21 with or without a current and valid Texas Driver’s License. Permit required No person shall operate, cause to be operated, or allow the operation of a LSV or Motorized Cart on a public roadway unless a valid Permit has been issued for that LSV or Motorized Cart or otherwise allowed by law. Town Council Page 17 of 315 Meeting Date: September 24, 2012 A. A Permit is not required for Motorized Carts owned or leased by a golf course and used entirely on the golf course or crossing a roadway from one section of a golf course to another section of the same course. B. A Permit is not required for a privately owned Motorized Cart used entirely on the golf course or crossing from one section of a golf course to another section of the same course. C. No LSV or Motorized Cart exempted from Permitting under this section may be operated on a public roadway for any other purpose. D. Application for a Permit authorizing the operation of a LSV or Motorized Cart shall be made by a person who owns, leases, or otherwise uses a LSV or Motorized Cart. Such application shall be made in writing to the Police Department on a form designated for that purpose. E. On such application shall be set forth the following: 1. The application shall include the name, address, telephone number and state Driver’s License number, if applicable, of the Permit Holder. 2. The application shall include the street address where the LSV or Motorized Cart is kept, including the particular suite or apartment number if applicable. 3. The application shall include any business name used for the premises where the LSV or Motorized Cart is kept. 4. The application shall include year, make, model, color, vehicle identification number or serial number if no V.I.N. has been issued to the LSV or Motorized Cart. 5. The LSV or Motorized Cart shall be inspected by a person(s) and at a location designated by the Chief of Police to ensure compliance with requirements of this ordinance before the issuance of a Permit. 6. The Permit shall be permanently affixed on the left side of the LSV or Motorized Cart in such a manner that it is clearly visible from 50 feet. The Permit must not be damaged, altered, obstructed, or otherwise made illegible. The Permit Holder shall apply for a replacement Permit and pay all applicable cost associated with the issuance and inspection of the LSV or Motorized Cart. 7. The Permit shall only be placed upon the LSV or Motorized Cart for which it was issued. 8. A Permit issued to a LSV or Motorized Cart shall become invalid if the LSV or Motorized Cart is altered in any manner that fails to comply with any requirement of this ordinance. Permits/Stickers are valid for a period of (2) two years. The following fees shall apply: a. Initial inspection by Police Department - $50.00 (includes Permit/Sticker) b. Re-inspection by Police Department (if a LSV or Motorized Cart fails the initial inspection) - $10.00 c. Bi-annual renewal of the Permit - $50. 9. At the time of the inspection of the LSV or Motorized Cart, the applicant shall provide proof of financial responsibility (liability insurance). No Permit will be issued to any LSV or Motorized Cart that does not meet the minimum state requirements for Town Council Page 18 of 315 Meeting Date: September 24, 2012 liability insurance. Proof of financial responsibility must be maintained on any LSV or Motorized Cart operated on a public roadway. 10. If a Motorized Cart is Permitted as such and later retrofitted with equipment that permits the top speed to exceed 20 miles per hour, the Owner shall reapply for the cart to be Permitted as a LSV and re-inspected to ensure compliance with the section (above) regarding required equipment for a LSV. Failure to do so will result in the Motorized Cart Permit being revoked. The Owner of said vehicle will be precluded from registering any LSV or Motorized Cart for a period of two (2) years. The inspection fee shall be $50. F. The Permit Holder shall notify the Trophy Club Police Department within ten (10) Working Days if the LSV or Motorized Cart transfers Ownership, the address of the normal storage location has changed, or if a Motorized Cart has been retrofitted to have a top speed exceeding the limits on a Motorized Cart. The information shall be submitted on a form designated by the Chief of Police. G. Lost or Stolen Permit/Stickers are the responsibility of the Owner. A police report must be filed in the event of a lost or stolen Permit/Sticker. If a record is found of a previous application and issuance of a Permit/Sticker, the Police Department may issue a new Permit/Sticker. The reissuance fee shall be $10. H. If no record can be found of a previous application, or the receipt of a Permit/Sticker, the Chief of Police may direct the applicant to reapply, and also resubmit any and all fees necessary, before a replacement Permit/Sticker is issued. The inspection fee shall be $50. I. Any person who operates a LSV or Motorized Cart and fails to receive and properly display a Town of Trophy Club Permit/Sticker will be subject to all applicable state laws, in addition to being in violation of this ordinance. J. A Permit may be revoked at any time by the Chief of Police or designee if there is evidence that the Permit Holder cannot safely operate a LSV or Motorized Cart on the roadway of Streets within the Town of Trophy Club or the LSV or Motorized Cart fails to comply with the requirement of this ordinance. For purposes of this section, the violation of traffic laws or commission of any of the violations described in Operational Regulations, above, constitutes evidence that the Permit Holder cannot safely operate a LSV or Motorized Cart on the Street within the Town of Trophy Club. K. Nothing in this ordinance permits the operation of those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, go-carts, and any gas powered Motorized Cart on a public roadway within the Town of Trophy Club. Penalties Any person who violates the terms of this section shall be penalized as follows: Town Council Page 19 of 315 Meeting Date: September 24, 2012 A. The maximum penalty allowed by law for such misdemeanor and in addition to traffic violations the Driver of the Motorized Cart may be subject to pursuant to Texas Law, the Owner of the LSV or Motorized Cart shall be subject to the following civil penalties: 1. For the first offense, a fine of not less than $25.00; 2. For the second and any subsequent offense, a fine of not less than $50.00. Town Council Page 20 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-477-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/21/2012 Town Council On agenda:Final action:9/24/2012 Title:Discussion of proposed agenda items for the October 1, 2012 Regular Session Agenda. Attachments:October 1 2012 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the October 1, 2012 Regular Session Agenda. Town Council Page 21 of 315 Meeting Date: September 24, 2012 Meeting Date 10/1/2012 Item File ID Dept Have ARF? Workshop Signage Ordinance Discussion and Direction CD 2009 Building Codes Adoption Discussion and Direction CD Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 1, 2012. Town Sec Discussion of proposed agenda items for the October 15, 2012 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated September 24, 2012. Town Sec Public Hearing Regular Session Park Bond Projects Parks Park Ordinance Amendment - Park Operation Hours Parks parks and rec board annual update Parks Consider and take appropriate action regarding the approval of a joint election agreement and contract for election services with Tarrant County; and authorizing the Mayor or her designee to execute all necessary documents. Town Sec Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Sec Town Manager Slye's update regarding the following; discussion of 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 Sec Town Council Page 22 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-447-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/17/2012 Town Council On agenda:Final action:9/24/2012 Title:Consider and take appropriate action regarding the Minutes dated September 10, 2012. Attachments:Sept 10 2012 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated September 10, 2012. Town Council Page 23 of 315 Meeting Date: September 24, 2012 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 10, 2012 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September 10, 2012. 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 Glenn Strother Mayor Pro Tem Bill Rose Council Member Jeannette Tiffany Council Member Danny Mayer Council Member Clint Schroeder Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Carolyn Huggins Community Development Director Michael Aguilera Finance Director Mayor White announced the date of September 10, 2012, called the meeting to order and announced a quorum at 7:00 p.m. The Invocation was offered by Council member Tiffany. The Pledges were led by Council member Rose. 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 Citizen Presentations were made. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1. Consider and take appropriate action regarding the Minutes dated September 4, 2012. Town Council Page 24 of 315 Meeting Date: September 24, 2012 2. Consider and take appropriate action regarding an Interlocal Agreement for Participation In Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating the Town Manager, or his designee as the Household Hazardous Waste Collection Coordinator and designating the Assistant Town Manager as the alternate. 4. Consider and take appropriate action regarding a contract between the Town and Advanced Data Processing, Inc. d/b/a Intermedix to provide for billing, collection, and related services for emergency medical services; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Rose, seconded by Council member Tiffany, to approve consent agenda presented. Rose then withdrew his motion as the Mayor wished to remove Consent Agenda Item 3. Council member Rose, seconded by Council member Tiffany, motioned for approval of remainder of consent agenda items. Motion carried unanimously. 3. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between Denton County and the Town of Trophy Club for a Shared Governance Communication and Dispatch Services System; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Mayor Pro Tern Strother, seconded by Council member Schroeder, to approve Consent Agenda Item 3 as amended. Motion carried unanimously. CONVENE INTO PUBLIC HEARING -TIME 7:09 P.M. 5. Town Council to conduct the Second Public Hearing regarding the proposed tax rate Increase for fiscal year October 1, 2012 to September 30, 2013; Mayor to announce the date, time and place of the vote on the tax rate. Mayor White stated the following for the record: On September 24, 2012, the Town Council will hold a Public Meeting to adopt a Fiscal Year 2013 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 4, 2012, and today, September 10, 2012. Town Manager Slye gave a budget update, explaining that the numbers haven't changed a lot, but the bottom line is the Town is still in a $7,700 surplus position. All funds are in balance. No citizens addressed the Town Council. Presentation included in the minutes. 6. Town Council to conduct a Public Hearing on the proposed 2012-2013 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". No citizens addressed the Town Council. Town Council Page 25 0316 Meeting 0atc September 24, 2012 RECONVENE INTO REGULAR SESSION - TIME 7:23 P.M. 7. Consider and take appropriate action regarding a Proclamation of the Town Council of the Town of Trophy Club, Texas, establishing September 17 - 23, 2012 as “Constitution Week 2012” in Trophy Club. Motion made by Council member Schroeder, seconded by Council member Tiffany, to approve Proclamation 2012-11 of the Town Council of the Town of Trophy Club, Texas, establishing September 17 - 23, 2012 as “Constitution Week 2012” in Trophy Club. Motion carried unanimously. 8. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending the FY 2011-2012 budget of the Town of Trophy Club, Texas; providing for the incorporation of premises; providing for an amendment appropriating revenue as needed to purchase a vehicle for the Community Development Department (Budget Amendment No. 2 making a supplemental appropriation in accordance with the Town Charter); providing a savings and repealer clause; providing for severability; providing for engrossment and enrollment; and providing an effective date. Motion made by Council member Rose, seconded by Council member Mayer , to approve Ordinance 2012-18 of the Town of Trophy Club, Texas amending the FY 2011-2012 budget of the Town of Trophy Club, Texas; providing for the incorporation of premises; providing for an amendment appropriating revenue as needed to purchase a vehicle for the Community Development Department (Budget Amendment No. 2 making a supplemental appropriation in accordance with the Town Charter); providing a savings and repealer clause; providing for severability; providing for engrossment and enrollment; and providing an effective date. Motion carried unanimously. 9. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas, supporting the passage of the Northwest Independent School District's $255 million bond proposal on November 6, 2012; and providing an effective date. Motion made by Council member Mayer, seconded by Council member Rose, to approve Resolution 2012-23 of the Town Council of the Town of Trophy Club, Texas, supporting the passage of the Northwest Independent School District's $255 million bond proposal on November 6, 2012; and providing an effective date. Motion carried unanimously. 10. Town Manager Slye's update regarding the following; discussion of same. - Transportation Town Manager Slye updated the Council and addressed questions. No action taken, update only. 11. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - September 7, 2012 Mayor's Roundtable 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. 12. 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 Town Council Page 26 of 315 Meeting Date: September 24, 2012 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. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8. 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) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 5/7/2012) 11. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 12. Consider and take appropriate action regarding America Supporting Americans. (Mayer, 8/20/2012) 13. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) There were no additions made to the Future Agenda Items list. ADJOURN Motion made by Council member Mayer, seconded by Council member Schroeder to adjourn. Motion carried unanimously. Meeting adjourned at 7:43 p.m. ___________________________________ ___________________________________ Shannon DePrater, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 27 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-443-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/17/2012 Town Council On agenda:Final action:9/24/2012 Title:Consider and take appropriate action regarding a Resolution of the Town Council establishing energy conservation goals as required by state law; requiring the filing of an annual compliance report with the State Energy Conservation Office; and providing an effective date. Attachments:RES 2012-24 SP 898.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council establishing energy conservation goals as required by state law; requiring the filing of an annual compliance report with the State Energy Conservation Office; and providing an effective date. EXPLANATION: The Texas Health and Safety Code § 388.005 requires that Cities in nonattainment areas commit to reduce energy consumption each year by at least five percent (5%). Previously, nonattainment area cities were required in the 2007 legislative session to meet that goal for six years beginning September 1, 2007. Last year, the legislature amended § 388.005 in Senate Bill 898 to extend the required annual reductions for ten years beginning September 1, 2011. Trophy Club previously adopted the energy conservation goal of 5% reduction each year, and we are now renewing that goal through 2021. TCAP recommends that Trophy Club adopt the new resolution to be in compliance. However, there are no penalties in the statute for failure to adopt the energy conservation goals, failure to meet the goals, or failure to file the required reports. TOWN COUNCIL GOAL(S): 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 RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 28 of 315 Meeting Date: September 24, 2012 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING ENERGY CONSERVATION GOALS AS REQUIRED BY TEXAS HEALTH AND SAFETY CODE §388.005, AS AMENDED BY SENATE BILL 898 OF THE 82ND LEGISLATIVE SESSION OF 2011, STATE OF TEXAS; REQUIRING THE FILING OF AN ANNUAL REPORT ON COMPLIANCE WITH THE TOWN’S ENERGY CONSERVATION GOALS WITH THE STATE ENERGY CONSERVATION OFFICE (“SECO”) ON A FORM PROVIDED BY SECO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 898 of the 82nd Legislative Session of 2011 amends the Texas Health and Safety Code § 388.005, to require political subdivisions in nonattainment areas to establish a goal to reduce electric consumption by at least five percent each state fiscal year for 10 years beginning September 1, 2011; and WHEREAS, the Town of Trophy Club, Texas (“Town”) is a political subdivision located in a nonattainment area or in an affected county, not otherwise exempted from having to establish an energy conservation goal; and WHEREAS, Senate Bill 898 requires the Town to file an annual report of energy conservation efforts with SECO on a form to be provided by SECO; and WHEREAS, reduction in consumption of electricity on Town electric accounts will reduce electric generation requirements, which will in turn have a beneficial impact on ERCOT system reliability, air quality, and the Town’s budget. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. The Town hereby establishes a goal that electricity consumption be reduced by five percent each fiscal year for ten years, beginning September 1, 2011. Section 2. The Town file an annual energy consumption goal compliance report with SECO on a form provided by SECO. Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this 24th day of September, 2012. Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] Town Council Page 29 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-406-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/29/2012 Town Council On agenda:Final action:9/4/2012 Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club amending Resolution 2012-09 in order to fill a vacant seat on the Charter Review Commission; and providing an effective date. Attachments:RES 2012-25 Amending RES 2012-09 CRC Appointment.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club amending Resolution 2012-09 in order to fill a vacant seat on the Charter Review Commission; and providing an effective date. EXPLANATION: Mayor White's appointee, Commissioner Bill Frey, has resigned from the Charter Review Commission. Mayor White has requested the appointment of Jennifer Rauch as a replacement. TOWN COUNCIL GOAL(S): 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 RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 30 of 315 Meeting Date: September 24, 2012 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 2012-09 AUTHORIZING THE CREATION OF A CHARTER REVIEW COMMISSION BY APPOINTING ONE (1) PERSON TO FILL ONE (1) VACANCY ON THE CHARTER REVIEW COMMISSION; PROVIDING THAT THE REMAINDER OF RESOLUTION 2012-09 SHALL CONTINUE IN FULL FORCE AND EFFECT; 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; WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards and Commissions serving the Town; and WHEREAS, since the adoption of Resolution No. 2012-09, one member has resigned from the Charter Review Commission; and WHEREAS, Section 11.15 of the Town’s Home Rule Charter provides that the Council shall appoint a Charter Review Commission no later than July 2012, and that the Commission shall consist of nine (9) qualified voters; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Section 7 of Resolution No. 2012-09 is hereby amended to reflect the appointment of the following individual to serve on the Charter Review Commission: Charter Review Commission 1. Jennifer Rauch Section 2. That all of the other terms an provisions of Resolution No. 2012-09 not in conflict with the terms of this Resolution shall continue in full force and effect. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 24th day of September, 2012. Town Council Page 31 of 315 Meeting Date: September 24, 2012 RES 2012-09 Page 2 of 2 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 32 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-471-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/18/2012 Town Council On agenda:Final action:9/24/2012 Title:Consider and take appropriate action regarding an interlocal cooperation contract between the Town and Texas Department of Public Safety to implement provisions relative to Chapter 706 of the Transportation Code regarding denial of renewal of drivers license through the Omnibase Program; authorizing the Mayor or her designee to execute necessary documents. Attachments:Omnibase ICA.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an interlocal cooperation contract between the Town and Texas Department of Public Safety to implement provisions relative to Chapter 706 of the Transportation Code regarding denial of renewal of drivers license through the Omnibase Program; authorizing the Mayor or her designee to execute necessary documents. EXPLANATION: The Municipal Court utilizes the Omnibase System operated by the Texas Department of Public Safety to flag the drivers license of a person who has failed to respond to a municipal court citation. Upon notification to Omnibase from the Town that a person has an outstanding citation and has failed to appear in court, a hold is placed on the renewal of that person's drivers license. Renewal is only allowed after the person resolves all outstanding municipal court matters by either paying a fine or setting the case for trial. Changes were made in the last legislative session to require municipal courts to notify Omnibase within five days after a person has resolved a court case. It is already the practice of the Trophy Club Municipal Court to notify Omnibase within 24 hours of resolution of matters pending in the Town's Court so this legislative change will not have any impact on the Town's operations. If the Town desires to continue utilizing Omnibase, the Council must approve this agreement requiring the Town to meet the new 5 business day notification requirement. Omnibase is an effective tool for the Town to resolve outstanding municipal court cases and is utilized by most municipal courts in the State. 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 33 of 315 Meeting Date: September 24, 2012 TEXAS DEPARTMENT OF PUBLIC SAFETY STEVEN C. McCRAW DIRECTOR DAVID G. BAKER BECKWORTH CHERYL MacBRIDE DEPUTY DIRECTORS 5805 N LAMAR BLVD. BOX 4087 • AUSTIN TEXAS 78773-0001 512/424-2600 August3,2012 TOWN OF TROPHY CLUB; MUNICIPAL COURT 100 MUNICIPAL DR TROPHY CLUB TX 76262 Dear Court Administrator: COMMISSION ALLAN B. POLUNSKY, CHAIR ADA BROWN JOHN STEEN CARIN MARCY BARTH A.CYNTHIA LEON You currently have a contract for the Failure To Appear Program offered by the Driver License Division under Transportation Code Chapter 706. During the 82 nd Legislative Session, Section 706.005 was amended to require courts to immediately notify us when no cause exists to continue to deny renewal of a person's driver license. Under the existing contract, courts are required to report compliance within 5 business days. To continue this contract, your court must complete and submit the enclosed amended contract. Please complete all of the appropriate entries on the contract, and arrange for the approval and Signature of the presiding official authorized to sign contractual documents in your jurisdiction (mayor, city manager, county judge, etc.) within 45 days of the receipt of this letter. Only 1 original signed contract should be submitted for each political subdivision; if you require a final copy for your records, please indicate so when you return the document. Signed contracts must be returned to: Texas Department of Public Safety Attn: Enforcement and Compliance Service P.O. Box 4087 Austin, Texas 78773-0320 After the contract has been returned, it will be processed for approval. Any changes made to this contract by the political subdivision will result in the rejection of the contract. Should you have further questions, please contact a Customer Service Representative at 512-424-5727. Respectfully, Manager Enforcement and Compliance Service RH: tfp Enclosure COURTESY. SERVICE. PROTECTION Town Council Page 34 of 315 Meeting Date: September 24, 2012 STATE OF TEXAS Interlocal Cooperation Contract § § COUNTY OF ________ § I. Parties This Interlocal Cooperation Contract ("Contract") is made and entered into between the Texas Oepartment of Public Safety ("TOPS"), a political subdivision of the State of Texas, and the of _________ _ a local political subdivision of the State of Texas. II. Overview The purpose of this Contract is to implement the provIsions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TOPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to payor satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TOPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code §706.00B. The Vendor will provide the necessary goods and services to establish an automated system ("FTA System") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TOPS. Utilizing the FTA System as a source of information, the TOPS may deny renewal of a driver license to a person who is the subject of an FT A System entry. Each local political subdivision contracting with the TOPS will pay monies to the Vendor based on a fee established by this Contract. The TOPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TOPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. III. Definitions "Complaint" means notice of an offense as defined in Article 27 .14( d) or Article 45.019, Code of Criminal Procedure. Revised (12/11) Town Council Page 35 of 315 Meeting Date: September 24, 2012 VII. Required Warning on Citation for Traffic law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to payor satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. VIII. FT A Report If the person fails to appear or fails to payor satisfy a judgment as required by law, the local political subdivision may submit an FT A Report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who failed to appear or failed to payor satisfy a judgment; (4) the date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to payor satisfy a judgment as required by law; (7) the date that the person failed to appear or failed to payor satisfy a judgment; and (8) any other information required by the TOPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non-duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TOPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TOPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately from the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court. Revised (12111) 3 Town Council Page 36 of 315 Meeting Date: September 24, 2012 calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TOPS has contracted with OmniBase Services of Texas ("Vendor"), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services of Texas 7320 North Mo Pac Expressway, Suite 310 Austin, Texas 78731 (512) 346-6511 ext. 100; (512) 346-9312 (fax) The local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TOPS immediately. Each party may participate in the defense of a claim or suit affecting the FT A Program, but no costs or expenses shall be incurred for any party by the other party without written consent. To the extent authorized by law, the local political subdivision City agrees to indemnify and hold harmless the TOPS against any claims, suits, actions, Revised (12111) 5 Town Council Page 37 of 315 Meeting Date: September 24, 2012 Local political subdivision Texas Department of Public Safety Attn: Enforcement and Compliance Service 5805 North Lamar Boulevard Austin, Texas 78773-0001 (512) 424-5311 [fax] Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FT A System at the time of term ination. TEXAS DEPARTMENT OF PUBLIC SAFETY Sheri Gipson Deputy Administrator Date LOCAL POLITICAL SUBDIVISION* Authorized Signature Title Date * An additional page may be attached if more than one signature is required to execute this Contract on behalf of the local political subdivision. Each signature block must contain the person's title and date. Revised (12/11) 7 Town Council Page 38 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-448-T Name: Status:Type:Agenda Item Public Hearing File created:In control:9/17/2012 Town Council On agenda:Final action:9/24/2012 Title: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. Attachments: Action ByDate Action ResultVer. TITLE 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. Town Council Page 39 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-449-T Name: Status:Type:Agenda Item Public Hearing File created:In control:9/17/2012 Town Council On agenda:Final action:9/24/2012 Title:Town Council to conduct a Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance to amend Chapter 13 "Zoning", Article II "Definitions", Section 2.02 "General Definitions" to amend the definition for “Hotel or Motel” and to adopt a definition for “Bank or Financial Institution”. (ADM-11-008) Attachments:Staff Report - TC.pdf Action ByDate Action ResultVer. TITLE Town Council to conduct a Public Hearing to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance to amend Chapter 13 "Zoning", Article II "Definitions", Section 2.02 "General Definitions" to amend the definition for “Hotel or Motel” and to adopt a definition for “Bank or Financial Institution”. (ADM-11-008) EXPLANATION: To amend the definition of “Hotel or Motel” to give better clarity of what type of hotel/motel is expected and desired in Trophy Club. Also, the Zoning Ordinance currently does not contain a definition for “Bank or Financial Institution”. Staff requests an adoption of a definition for this category of use. 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 #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 RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of this request as it will help clarify the development and design standards preferred in the Town of Trophy Club. Town Council Page 40 of 315 Meeting Date: September 24, 2012 SUBJECT: Public Hearing, discussion and recommendation to consider changes to the Town of Trophy Club Comprehensive Zoning Ordinance to amend a definition for “Hotel or Motel” and to adopt a definition for “Bank or Financial Institution” (ADM-11-008) STAFF COMMENTS/HOTEL OR MOTEL: This request is to amend the definition of “Hotel or Motel” in the Town of Trophy Club Zoning Ordinance. During the discussion and consideration of the zoning change request for Planned Development No. 30 (PD-30), the definition of a hotel was discussed in detail. A detailed definition was added to the PD-30 document, but a higher standard was also desired for this definition in the Town’s ordinance. The PD-30 document contains the following language: 1. “Hotel (full-service)” shall mean a building with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A lobby for public reception and check-in; ii. A minimum area of 300 square feet in each guest room; iii. On-site staff required seven (7) days a week, twenty-four (24) hours per day; iv. A minimum of five thousand (5,000) square feet of meeting or conference room space; v. No fewer than 150 rooms; and vi. A full service restaurant (exception by SUP). TOWN COUNCIL STAFF REPORT September 24, 2012 Case No. ADM-11-008 Request for Text Amendments to Chapter 13-Zoning; Definitions: Hotel or Motel Bank or Financial Institution Town Council Page 41 of 315 Meeting Date: September 24, 2012 2. “Hotel Residential” shall mean a residential facility affiliated with a hotel such that the amenities and services of the hotel are available to the residents in the hotel residential units. The Town has one hotel in business, the Value Place Hotel, and currently a Hampton Inn & Suites is being built in Town. Both of those hotels are in Planned Development No. 25 (PD-25) zoning which is located at Trophy Wood Drive and Highway 114. The Town has received interest for a full service Holiday Inn, also in PD-25. The PD-25 document contains the following language: “Tracts 5, 7, and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining.” Hotels/Motels are not allowed in any zoning district other than a planned development. The only planned developments that allow hotels are PD-25 and PD-30. The Town’s current Zoning Ordinance definition for “Hotel or Motel” is: Hotel or Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a motel or hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. On Thursday, September 20, 2012, the Planning and Zoning Commission will consider the following definition: Hotel or Motel: An establishment, providing for a fee, sleeping accommodations of at least 250 sq. ft. in each guest room; and customary lodging services including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service; and providing a lobby for public reception and check-in with on-site staff required seven (7) days a week, twenty-four (24) hours per day; and a restaurant with kitchen facilities providing service to the general public. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities. STAFF COMMENTS/BANK OR FINANCIAL INSTITUTION: This request is also to adopt a definition for “Bank or Financial Institution” as the Zoning Ordinance currently does not contain a definition for these two uses, both of which are an allowed use in planned development districts (for example, PD-13, PD-21, PD-27). Town Council Page 42 of 315 Meeting Date: September 24, 2012 On Thursday, September 20, 2012, the Planning and Zoning Commission will consider the following definition: Bank or Financial Institution: An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This excludes pawnshops, check cashing businesses, and payday advance/loan businesses. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Council packet will be completed prior to the Planning & Zoning Commission’s consideration and recommendation of these definitions. At the Council meeting on Monday, September 24, 2012, Council will be advised of the P&Z recommendation and provided an ordinance for consideration and approval. PUBLIC HEARING: As required by ordinance, a notice of public hearing shall be published in the newspaper at least ten (10) days prior to the date of this meeting. On August 22, 2012, notice was published in the Trophy Club newspaper that the Town Council would consider this item on September 24, 2012. ch Town Council Page 43 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-450-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/17/2012 Town Council On agenda:Final action:9/24/2012 Title:Consider and take appropriate action regarding an Ordinance amending the Comprehensive Zoning Ordinance of the Town, Chapter 13 of the Code of Ordinances, "Zoning", Article II "Definitions", Section 2.02 "General Definitions" to amend the definition of "Hotel or Motel" and to adopt a definition for "Bank and Financial Institution"; providing a penalty; and providing an effective date. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending the Comprehensive Zoning Ordinance of the Town, Chapter 13 of the Code of Ordinances, "Zoning", Article II "Definitions", Section 2.02 "General Definitions" to amend the definition of "Hotel or Motel" and to adopt a definition for "Bank and Financial Institution"; providing a penalty; and providing an effective date. EXPLANATION: To amend the definition of “Hotel or Motel” to give better clarity of what type of hotel/motel is expected and desired in Trophy Club. Also, the Zoning Ordinance currently does not contain a definition for “Bank or Financial Institution”. Staff requests an adoption of a definition for this category of use. 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 #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 RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of this request as it will help clarify the development and design standards preferred in the Town of Trophy Club. Town Council Page 44 of 315 Meeting Date: September 24, 2012 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-451-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/17/2012 Town Council On agenda:Final action:9/24/2012 Title:Consider and take appropriate action regarding the approval of a Resolution of the Town Council repealing Resolution No. 2011-25, Resolution No. 2011-26, and Resolution No. 2012-01 and adopting a new Resolution making annual appointments of citizens and Council liaisons to serve Town Boards and Commissions; and providing an effective date. Attachments:CFAB Applicants.pdf EDC 4A Applicants.pdf EDC 4B Applicants.pdf Ethics Applicants.pdf P&Z Applicants.pdf Parks Applicants.pdf ZBA Applicants.pdf 2012 Board Applicant Info.pdf Recommendations.pdf RES 2012-26 Annual Appointments.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the approval of a Resolution of the Town Council repealing Resolution No. 2011-25, Resolution No. 2011-26, and Resolution No. 2012-01 and adopting a new Resolution making annual appointments of citizens and Council liaisons to serve Town Boards and Commissions; and providing an effective date. EXPLANATION: The proposed Resolution approves the appointment of citizens to serve on various boards, commissions, and corporations and appoints Council liaisons for the 2012-2013 fiscal year. The recommendation for the Ethics Commission will be sent under separate cover. TOWN COUNCIL GOAL(S): 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 RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 45 of 315 Meeting Date: September 24, 2012 Town of Trophy Club BOARD and COMMISSION APPLICATION Please check the appropriate Board, Commission, or Advisory Groups(s) !SY'Citizen Financial Advisory Board 0 Keep Trophy Club Beautiful Sub-Committee o Economic Development Corporation 4A 0 Parks and Recreation Board o Economic Development Corporation 4B 0 Planning and Zoning Commission ** o Ethics Commission 0 Zoning Board of Adjustment ** Additional Application Form Required - We strongly encourage that a brief resume be submitted along with the application. Name: Do you have any related experience? What do you feel you have to offer this group? e TEXAS OPEN RECORDS ACT ~ (1fC f Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and must be released if a request is made. According to Govemment Code Section 552.024 each employee or official of a govemmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address. Each employee and official and each former employee and official shall state their choice to the Town Secretary's office. Please indicate with an X your decisions. Date Submitted Home Address Home Phone Number E-ail Address ALLOW PUBLIC ACCESS Yes Yes Yes Officia Name (Please Pnnt) * Applicant Requirement for Boards or Commissions Received bY:~ () PaJlu::. Applicants for boards or commissions must be registered voters and residents for six months. Board and commission members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council may waive the voter registration requirement for a person appointed to a Board, Commission, or Citizen Advisory Group that does not make recommendations for Council approval. The technical expertise of applicants may be a consideration in gaining appointment. Last Revision: June 14, 2012 Town Council Page 46 of 315 Meeting Date: September 24, 2012 Town of Trophy Club ~OARD and COMMISSION APPLICATION ~ Please check the appropriate Board, Commission, or Advisory Groups(s) Citizen Financial Advisory Board ~ Keep Trophy Club Beautiful SUb-Committee -=; Economic Development Corporation 4A ~ Parks and Recreation Board b,d Economic Development Corporation 4B ~ Planning and Zoning Commission ** o Ethics Commission U Zoning Board of Adjustment ** Additional Application Form Required - We strongly encourage that a brief resume be submitted along with the application. Name: Address: How Long?* Phone (Home): IJ /4 ---------------~I~--------------(Work): / D1 i71 ;?. Boy' Registered Voter? ~Yes D No Certificate Number: Occupation, Experience/Degrees Held? Why do you want to serve on this group? f?€cfQII(4.L Di4( 65 127.(M/«cp=r./? SA iJ14Iai~E'-N , era if,] VO{ Ii €-O i tJ I.JJC4L / 6S Ll.E) Do you have any potential conflicts of interest? __ ----Lbf"'-' ·""0 _________________ _ Do you have any related experience?· /Jo . Wh~t do you feel you have. to offer this group? ''Ql1 IS. To h1s ere-villUS Life/( DE Ii\fVal. Ve,,01{f!4i-r i.J hoct1=(.. /)ol,'TJ.c~ I WIl.A-iJe IH3[...€. 7b S/J./tJq Ad tLAlt3iI1SE.P &>pi.>JICIJ. It:" JS~/edS~ As It /?E.dflt';.//it.... I?7A71/CLf£/Z... I r Ka,. . • ' -. , '. " '. -'. -~ '. _ (:.'::; 9' • '". _ . . -'-J!) t.1.; E~S J X IfM. Moeu R~Oy I.e.; i.J.. ~ I :r.//f."T e7J21L'V£Alc...e.. ijJ y4-iI/ 6~;<.-r To //)I~.je. "lny ti»Jdl;,\ TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and must be released if a request is made. According to Government Code Section 552.024 each employee or official o.f a governmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address. Each employee and official and each former employee and official shall state their chOice to the Town Secretary's office. Please indicate with an X your decisions. ALLOW PUBLIC ACCESS Offici I SIgnature Date Submitted * Applicant Requirement for Boards or Commissions Yes Yes Yes Official N me (Please Print) Received bY~{IYl QI.~ cd1Y Applicants for boards or commissions must be registered voters and residents for six months. Board and commission members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council may waive the voter registration requirement for a person appointed to a Board, Commission, or Citizen Advisory Group that does not make recommendations for Council approval. The technical expertise of applicants may be a consideration in gaining appointment. Last Revision: June 14, 2012 Town Council Page 47 of 315 Meeting Date: September 24, 2012 I vnll VI " vP' 'I VIU"" '"'"lARD and COMMISSION APPUCATW'1 Please check the appropriate Board, Commission, or Advisory Groups(s) ~Citizen Financial Advisory Board .g/ Keep Trophy Club Beautiful Sub-Committee r;;r Economic Development Corporation 4A O/Parks and Recreation Board t:Y Economic Development Corporation 4B D Planning and Zoning Commission ** f3"" Ethics Commission Q Zonjng Board of Adjustment ** Additional Application Form Required - We strongly encourage that a brief resume be submitted along with the application. Name: .:5", r{ee Geer E-mail: sh Ir/-eeqe.ertfs:sgcc;l()bqL;..J~ Address: 611 J 0 A t?(),4-"O uJ &'/ )J Y2 How Long?* g y if. S Phone (Home): (Work): Registered Voter? ~es 0 No Certificate Number: =g...::0,-· 6_·· ::::;..S-_1=3==--__________ _ Occupation, Experience/Degrees Held? A~ &, m BR ::57IC-()f-eC; I.e. It!4Rl ef'6b, to Why do you want to serve on thisgroup? /..J p..t)Q., .p"s rf IV.e... ,I mpA:d I tV e.G> Tn In l1.:./OJ-ty k-epeeS€N-t" weI')")... horha-aut I d.e I v,t.-J thfrtD lIe(y)eMs ~o.e. ~I.... L I Do you have any potential conflicts of interest? )J~_o ____________________ _ Do you have any related experience? f\(/J'1'L. A-cc/ Cusr: 5-eY'U1Ce /h'fb~ g I o..f21~r Cu,~L e«-~ -Ct> Itt"] (OR. t9.3 yes ,:oeo ve, 6':S'n, ')))ON 6i'~w ~ C acsTS What do you feel you have to offer this group? /+ 6 J /... IT'! :r 1) Loo 1< 4. -l-' B /7 (J I dUY"--e A ~1::> Eo C 4. S tl,J (J 0 5 /,,) ve, u.)) iJ -' ,UJ IIJ e -e-.s utJ:;f TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental body and each former employee and official of a governmental body shall choose whether 10 allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address. Each employee and official and each former employee and official shall state their choice to the Town Secretary's office. Please indicate with an X your decisions. ALLOW PUBUC ACCESS Home Address Home Phone Number E-mail Address ~~ Official Signature '" Date Submitted * Applicant Requirement for Boards or Commissions Yes V"" No __ _ Yes No --- Yes V'" No __ _ 66 ) c/ee g Ge-e.r Official Name (Please Print) Received Applicants for boards or commissions must be registered voters and residents for six months. Board and commjssion members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council may waive the voter registration requirement for a person apPointed to a Board, Commission, or Citizen Advisory Group that does not make recommendations for Council approval. The technical expertise of applicants may be a consideration in gaining appointment. Last Revision: June 14, 2012 Town Council Page 48 of 315 Meeting Date: September 24, 2012 T o w n C o u n c i l P a g e 4 9 o f 3 1 5 M e e t i n g D a t e : S e p t e m b e r 2 4 , 2 0 1 2 town of Trophy Club Board and Commissio.. Request for Consideration for Re -Appointment Your term on: ✓ Citizen Financial Advisory Board ❑ Keep Trophy Club Beautiful Sub -Committee ❑ Economic Development Corporation 4A ❑ Parks and Recreation Board ❑ Economic Development Corporation 4B ❑ Planning and Zoning Commission" ❑ Ethics Commission ❑ Zoning Board of Adjustment Will expire on September 30, 2012 If you wish to be considered for re -appointment please complete the following information and return it to Shannon DePrater, Town Secretary, 100 Municipal Drive, Trophy Club, TX 76262 ,) or sdep/raterCcDci.troohvclub.tx.us by Tuesday, July31, 2012. Name; _ (�$� l �4�.LTOf,i E-mail: V_QA u. Mm _a QqAMcx.Ll.CO-In Address: VFkht= tJt x' TQ_i)PikA N-U-6 How Long? q Phone (Home): Q'i� - 3.S'?-045`0 (Work): Registered Voter? Yes 11No Certificate Number. II.So7t/Olaln�$ Occupation, Experience/Degrees Held? Why do you want to serve on this group? Do you have any potential conflicts of interest? How long have you served on this board? / Cday=, Do you have any related experience? JUST !t j^046-Mp , f Gtdta " //✓ 7746- G1 ,419607 CS Or FiAPne6C �fkenun/7yN�. What do you feel you have to offer this group? FoRWetkp Tilinl,N✓.t;F3 ac- P6An/ffr/A�6, GIS.ir/a FISM- S-,uS6. TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted, Information contained in and included with this application is considered public record and must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, e-mail address. Each employee and official and each former employee and official shall state their choice to the Town Secretary's office. Please indicate with an X your decisions. ALLOW PUBLIC ACCESS Home Address Yes No Home Phone Number Yes No E-mail Address Yeses No &A K 7-14y 17aa1 Official Sign#ture Official Name (Please Print) 4. 1 /11t1J- Date Submitted 41atelved By TT Last Revision: June 29, 2012 Town Council Page 50 of 315 Meeting bate. September 24, 2012 10 yeAJ2S t;'(A(.Phone ~Yes bljer resume ;Jgel'Tz (i2.tlMlbJ..';';;:" AlEJ ~f!if-.-v..JLb,_"Ek~~b~ _____ -- 2L~~3J21::: O$'O ~ ~-fUMl~/N5 rN8~l!l7OlZ " ~ seNe on this ~~ %lJ~~veeNmeIflY ~If}IMs .12 II/ll:l (£'Rt.tt? 7;; ~~Y;·zel\is~ __ .. ___ _ ~Jo have conflicts ---------------- . / ~__"'_""_""_':...::...!:_____=<3_=o=_v N '7) (J ~).I r:r ~ ~ /J. __ to offer this lV, tl'N*-.il~KbfijJ.AM BAIL) . £ftf;_~ 77 £j-I.. <?~'17£~ _ t!~:2.~ y_C' onl£:elJir_~J>J~yeLu~---.---.- lr~j;{t0\~ Once submitted, information contained in and included with this is considered public fecord and must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental and each former employee and official of a governmenta! body shall choose whether to allow public access to the information custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address. Each employee and official and each former employee and official shall state their choice to the Town Secretary's office. X «iI®~h})~cIT1l$o Yes No -"-l---- for boards or commissions must be registered voters and residents for six months. Board and commission members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Planning and Zoning Commission, Zoning Board of and the Economic Development based upon good cause shown, Council may waive the voter for a person appointed to a Commission, or Citizen Advisory Group that does not make recommendations for Council approval. The technicai expertise of applicants may be a consideration in gaining appointment Las! Revision: June 14,2012 Town Council Page 51 of 315 Meeting Date: September 24, 2012