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Agenda Packet TC 02/25/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, February 25, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2013-104-T Recognition of Town Secretary, Shannon DePrater; discussion of same. 2.2013-105-T Consider and provide direction regarding draft ordinance permitting the operation of golf carts on streets in Trophy Club. Draft Golf Cart Ordinance revised.pdfAttachments: 3.2013-106-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 25, 2013. 4.2013-107-T Discussion of proposed agenda items for the March 4, 2013 Regular Session Agenda. March 4, 2013 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 117 Meeting Date: February 25, 2013 February 25, 2013Town 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. 5.2013-108-T Consider and take appropriate action regarding the Minutes dated February 4, 2013. February 4, 2013 Minutes.pdfAttachments: 6.2013-109-T Consider and take appropriate action regarding the Minutes dated February 7-8, 2013 (Council Retreat). February 7-8, 2013 Minutes (Council Retreat).pdfAttachments: 7.2013-110-T Consider and take appropriate action regarding the Minutes dated February 14, 2013 (Special Session). February 14, 2013 Minutes.pdfAttachments: 8.2013-117-T Consider and take appropriate action regarding a Resolution to approve the application for continued funding of the Drug Interdiction and Juvenile Resource Program Grant through the Criminal Justice Division of the of the Office of the Governor, Criminal Justice Division; and providing an effective date. RES 2013-02 Drug Interdiction & Juvenile Program Grant.pdfAttachments: 9.2013-118-T Receive Racial Profiling Report; discussion of same. 2012 citizen contact report.pdfAttachments: PUBLIC HEARING 10.2013-111-T Public Hearing to consider the proposed two-year Budget Plan and proposed two-year Crime Control Plan for a Crime Control and Prevention District. CCPD Proposed Plan.pdf CCPD Proposed Budget.pdf Attachments: 11.2013-80-T Public Hearing to consider a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow an increase to the size of monument signs. The applicant is CS Realty on behalf of Randalls/Tom Thumb. Town Council Page 2 of 117 Meeting Date: February 25, 2013 February 25, 2013Town Council Meeting Agenda REGULAR SESSION 12.2013-65-T Consider and take appropriate action regarding a request for approval of a Site Plan for a Tom Thumb Fuel Center, Highway 114 and Trophy Lake Drive in the Plaza Shopping Center, Planned Development No. 21. Staff Report - TC 022513 - Site Plan.pdf Application.pdf Property Owner Permission for Fuel Station.pdf MUD - Adrian Womack memo.pdf Attachments: 13.2013-81-T Consider and take appropriate action regarding a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow two monument signs to increase in size. The applicant is CS Realty on behalf of Randalls/Tom Thumb. (PD-AMD-13-039) Staff Report - TC 022513 - Site Plan.pdf Property Owners - 200 ft.pdf 022113 Property Owner Notification Change to PD.pdf Property Owner - 2 Shasta Dr.pdf ORD 2013-05 PZ Fuel Station Monument Signage - PD 21.pdf Attachments: 14.2013-131-T Brief to Council regarding condition of Police Department Building; consider and take appropriate action regarding remediation and future plans for housing Police. 15.2013-130-T Submission of the Crime Control and Prevention District adopted two-year Budget Plan to the Town Council; consider and take appropriate action regarding the CCPD approved two-year Budget Plan and approved two-year Crime Control Plan. Town Council Page 3 of 117 Meeting Date: February 25, 2013 February 25, 2013Town Council Meeting Agenda 16.2013-129-T Consider and take appropriate action regarding the May 11, 2013 General Election and Special Elections: A. Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. B. Town Secretary certification of sufficiency for Citizen Petition for a Proposed Charter Amendment for the creation of a Ways and Means Committee; Council to consider and provide direction regarding items on the May 2013 ballot and election ordinance. C. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a General Election to be held on May 11, 2013 for the purpose of electing one (1) Council Member to Place #5 for a three year term; and ordering and calling a Special Election to be held on May 11, 2013 for the purpose of submitting to the voters a proposition for the termination/dissolution of the Trophy Club 4A Economic Development Corporation and the associated one-fourth of one percent sales and use tax; for the purpose of placing on the Town's ballot a proposition for the creation of the Trophy Club Crime Control and Prevention District and the adoption of a local sales and use tax at a rate of one-fourth of one percent; and for the purpose of submitting to the voters various proposed amendments to the Town's Home Rule Charter; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Considerar y tomar la acción apropiada con respecto a la Elección General y la Elección Especial del 11 de mayo de 2013: A. Considerar y tomar la acción apropiada con respecto a la enmienda propuesta a la Carta Constitucional para agregar un Miembro del Concilio. B. La certificación de la Secretaria del Poblado de suficiencia para la Petición Ciudadana de una Enmienda Propuesta a la Carta Constitucional para la creación de una Comisión Presupuestaria de Recursos Financieros (Ways and Means Committee); para que el Concilio considere y proporcionar directrices con respecto a los asuntos en la balota de mayo de 2013 y en la ordenanza de la elección. C. Considerar y tomar la acción apropiada con respecto a la aprobación de una Ordenanza en la que se ordena y se llama a una Elección General para que sea llevada a cabo el 11 de mayo de 2013, con el propósito de elegir un (1) Miembro del Concilio para el Puesto #5 por un periodo de tres años y, ordenando y llamando a una Elección Especial para que sea llevada a cabo el 11 de mayo de 2013, con el propósito de presentar a los votantes una proposición para la terminación/disolución de la Corporación de Desarrollo Económico 4A (4A Economic Development Corporation) de Trophy Club y del correspondiente impuesto sobre ventas y uso de un cuarto de uno por ciento; con el propósito de poner en la balota del Poblado, una proposición para la creación del Distrito para el Control y Prevención del Crimen de Trophy Club y, la adopción de un impuesto local sobre ventas y uso a una tasa de un cuarto de uno por ciento y; con el propósito de presentar a los votantes varias enmiendas propuestas a la Carta Constitucional Autónoma del Poblado, estipulando sobre el escrutinio de los votos; estipulando una elección de segunda vuelta si fuera necesario; adoptando disposiciones relacionadas con la publicación y otros asuntos necesarios para conducir la elección y; disponiendo una fecha para que entre en vigor. Town Council Page 4 of 117 Meeting Date: February 25, 2013 February 25, 2013Town Council Meeting Agenda 17.2013-122-T Consider and take appropriate action regarding financial and variance report dated January 2013. January Financials.pdfAttachments: 18.2013-123-T Town Council Liaison Updates; discussion of same: - February 12, 2013 Parks & Recreation Board; Council member Schroeder 19.2013-124-T Town Manager Slye's update regarding the following; discussion of same. - February 6, 2013 Neighborhood Meeting - Denton County Day - Joint Meeting with TCMUD1 scheduled for March 5, 2013 - Economic Development Corporation 4A - Audit Committee 20.2013-125-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - February 5, 2013 Chamber Monthly Luncheon - February 13, 2013 Northwest Communities Partnership Board Meeting - February 15, 2013 North Tarrant Transportation Summit - February 21, 2013 Metroport Cities Partnership Meeting - February 21, 2013 Emergency Preparedness Planning Council Meeting - February 21, 2013 TML Region VIII Quarterly Meeting 21.2013-126-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 22.2013-127-T A. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Secretary Employment Agreement with Ms. Amy Piukana B. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Council will enter into executive session for Consultation with the Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)): (1) PID Infrastructure, PID Subcommittee and negotiation with MUD1 for water and wastewater operations, CCN, and related matters. Town Council Page 5 of 117 Meeting Date: February 25, 2013 February 25, 2013Town Council Meeting Agenda RECONVENE INTO REGULAR SESSION 23.2013-128-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 Notice is hereby given that a quorum of the Temporary Crime Control and Prevention Board may be in attendance at this meeting. Notice is hereby given that a quorum of the Charter Review Commission may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, February 22, 2013 by 6:00 P.M. in accordance with Chapter 551, Texas Government Code. __________________________ Shannon DePrater, TRMC 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 ______________________, 2013. ________________________________, Title: ___________________________ Town Council Page 6 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-104-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Recognition of Town Secretary, Shannon DePrater; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Recognition of Town Secretary, Shannon DePrater; discussion of same. Town Council Page 7 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-105-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and provide direction regarding draft ordinance permitting the operation of golf carts on streets in Trophy Club. Attachments:Draft Golf Cart Ordinance revised.pdf Action ByDate Action ResultVer. TITLE Consider and provide direction regarding draft ordinance permitting the operation of golf carts on streets in Trophy Club. Town Council Page 8 of 117 Meeting Date: February 25, 2013 WHEREAS, the Texas Transportation Code authorizes the governing body of a municipality to regulate and control the operation of 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 Motorized Carts operated upon a public Street within the Town of Trophy Club except: A. The operation of 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 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 Motorized Carts by the Town of Trophy Club on official police business or the use of 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. 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 Town Council Page 9 of 117 Meeting Date: February 25, 2013 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. Motorized Cart means those electric or gasoline 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 Low Speed Vehicles (LSV’s), Neighborhood Electric Vehicles (NEV’s), ATVs, four-wheelers, mules, gators, and go-carts. Owner means the person holding title to the 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 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 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. 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); Town Council Page 10 of 117 Meeting Date: February 25, 2013 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. 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. B. In addition to the above listed equipment, every motorized cart powered by gasoline shall at all times be equipped with an exhaust system in good working order and in constant operation and meeting the following specifications: 1. The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer. 2. The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening motorized cart exhaust systems 3. The engine and powered mechanism of every motorized cart shall be so equipped, adjusted and tuned so that the exhaust is in good working order. 4. It shall be unlawful for the owner of any motorized cart to operate or permit the operation of such cart on which any device controlling or abating atmospheric emissions which is placed on a cart by the manufacturer is rendered unserviceable by removal, alteration or which interferes with its operation. C. A Motorized Cart used in connection with a parade, a festival or other special event is exempted from the required equipment provisions of this section provided the consent of the sponsor is obtained and provided such vehicle is only used during such event. Operational Regulations A. All Drivers of Motorized Carts shall be at least 16 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. 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 Town Council Page 11 of 117 Meeting Date: February 25, 2013 police business or by Trophy Club personnel conducting a required job function directly related to their assigned duties. C. No person may operate a Motorized Carts upon any portion of a Street or Traffic Way having a posted speed greater than 35 M.P.H. D. All 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 Motorized Carts of the full use of a lane. E. The Driver of a Motorized Cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. F. No Driver shall operate a Motorized Cart between lanes of traffic or between adjacent lines or rows of vehicles. G. The Driver of a 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 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 Motorized Cart is in motion and may not be transported in a reckless or negligent manner. Children under the age and size limitations requiring child safety seats, car seats, or booster seats may not be transported in a Motorized Cart. J. No person may operate or be transported in a Motorized Cart unless restrained by a safety belt restraint. K. 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 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. 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 Motorized Cart. Town Council Page 12 of 117 Meeting Date: February 25, 2013 L. 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. Motorized Carts shall not be operated 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. N. All Motorized Carts used in connection with a parade, a festival or other special event shall follow the Operational Regulations found in this section. 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 Motorized Cart. Owners are fully liable and accountable for the actions of any individual that they provide permission to operate and drive said 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 Motorized Cart Drivers who are minors under the age of 21 with or without a current and valid Texas Driver’s License. Permit required Except as noted, no person shall operate, cause to be operated, or allow the operation of Motorized Cart on a public roadway unless a valid Permit has been issued for that Motorized Cart or otherwise allowed by law. 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. A Permit is not required for Motorized Carts used 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. Motorized Carts used in connection with a parade, a festival or other special event shall be transported to the starting point of the event not driven to the event. D. No Motorized Cart exempted from Permitting under this section may be operated on a public roadway for any other purpose. Town Council Page 13 of 117 Meeting Date: February 25, 2013 E. Application for a Permit authorizing the operation of a Motorized Cart shall be made by a person who owns, leases, or otherwise uses a Motorized Cart. Such application shall be made in writing to the Police Department on a form designated for that purpose. F. 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 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 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 Motorized Cart. 5. The 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 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 Motorized Cart. 7. The Permit shall only be placed upon the Motorized Cart for which it was issued. 8. A Permit issued to a Motorized Cart shall become invalid if the 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 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 Motorized Cart, the applicant shall provide proof of financial responsibility (liability insurance). No Permit will be issued to any Motorized Cart that does not meet the minimum state requirements for liability insurance. Proof of financial responsibility must be maintained on any 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 permit shall become invalid. G. The Permit Holder shall notify the Trophy Club Police Department within ten (10) Working Days if the 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. Town Council Page 14 of 117 Meeting Date: February 25, 2013 H. 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. I. 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. J. Any person who operates a 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. K. 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 Motorized Cart on the roadway of Streets within the Town of Trophy Club or the 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. L. 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. M. Low Speed Vehicles (LSV’s) and Neighborhood Electric Vehicles (NEV’s) are authorized by the Transportation Code to be registered as a motor vehicle. If operated on the Streets of the Town of Trophy Club, LSV’s and NEV’s shall be required to meet all State and Federal safety standards and be registered as motor vehicles in accordance with the Transportation Code. A Town Permit is not required for these vehicles. Penalties Any person who violates the terms of this section shall be penalized as follows: 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 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 15 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-106-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 25, 2013. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 25, 2013. Town Council Page 16 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-107-T Name: Status:Type:Agenda Item Workshop File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Discussion of proposed agenda items for the March 4, 2013 Regular Session Agenda. Attachments:March 4, 2013 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the March 4, 2013 Regular Session Agenda. Town Council Page 17 of 117 Meeting Date: February 25, 2013 Meeting Date 3/4/2013 Item File ID Dept Have ARF? Workshop Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 4, 2013. Town Sec Discussion of proposed agenda items for the March 18, 2013 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated February 25, 2013. Town Sec Public Hearing Presentations Lifesaving Awards Recoginition FD/PD Mayor's State of the Town PIO Regular Session Consider and take appropriate action regarding a Proclamation declaring March 17-23, 2013 as Poison Prevention Week. Town Sec Park Ordinance Amendment - including Park Operation Hours Parks Canterbury Hills Rezoning CD Ordinance cancelling General Election - if no one else signs up Legal Vacate Parkview 2013-115-T Legal/CD Ownership of vacated right of way 2013-116-T Legal/CD 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 18 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-108-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding the Minutes dated February 4, 2013. Attachments:February 4, 2013 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated February 4, 2013. Town Council Page 19 of 117 Meeting Date: February 25, 2013 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 4, 2013 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 4, 2013. 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, Place 5 arrived at 6:33 p.m. Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT : Clint Schroeder Council Member, Place 3 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Scott Kniffen Police Chief Michael Aguilera Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of February 4, 2013, called the Town Council to order and announced a quorum at 6:05 p.m. Mayor White noted the absence of Council member Schroeder. WORKSHOP SESSION 1. Council to discuss and provide input to suggested changes to the Park Ordinance. Town Manager Mike Slye opened the workshop stating this is the time to solicit the Council for direction regarding the Park Ordinance. Slye continued by explaining that the Park Board researched several cities that had similar park situations to bring Council a very comprehensive Park Ordinance. Parks and Recreation Board Chair Larry Lentzner thanked the Town Council to allow the Board to bring the draft Ordinance forward for discussion. Lentzner began with a brief history of the draft Ordinance. Chair Lentzner and Council went through each page of the draft Ordinance and Council provided direction to the Parks and Recreation Board; the Board will bring back a revised Ordinance. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 4, 2013. No discussion. Town Council Page 20 of 117 Meeting Date: February 25, 2013 3. Discussion of proposed agenda items for the February 25, 2013 Regular Session Agenda. No discussion. Mayor White called a short break. CONVENE INTO REGULAR SESSION - START TIME – 7:27 P.M. The Invocation was offered by Director of Finance Michael Aguilera. The Pledges were led by PIO/Marketing Manager April Reiling. 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. The following spoke on behalf of the Baseball Parks, lighting and noise issues: • Chuck Hall, 19 Lakeview Drive • Cory Woodward, 7800 Vista Ridge Drive, Northlake • Rick Firneno, 3713 Summersville Lane, Fort Worth • Mike Fitzgerald, 2421 Lilyfield Drive • Deb Durbin, 1042 Wilshire Drive • Ursula Roberts, 2419 Lilyfield Drive • Julie Folley, 2407 Lilyfield Drive • Sue Fitzgerald, 2421 Lilyfield Drive • Mike Buck, 2401 Lilyfield Drive 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. Consider and take appropriate action regarding the Minutes dated January 21, 2013. 5. Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety", Article II "Traffic & Vehicles", Section 2.05 "Parking", Subsection B, Paragraph 1(g) and 1(h) of the Code of Ordinances regulating the time of the no parking zones on Parkview Drive during designated hours on school days; renumbering the former Paragraph 1(h) of Subsection B and the remaining paragraphs; providing a penalty; providing for publication; and providing an effective date. 6. Consider and take appropriate action regarding a Special Privilege Request to the Trophy Club Women's Club to hold two Community Garage Sale Events in 2013 – April 20 and October 19. Applicant: Sally Freeman on behalf of the Trophy Club Women's Club. Town Council Page 21 of 117 Meeting Date: February 25, 2013 Motion made by Council member Mayer, seconded by Council member Rose, to approve the Consent Agenda as corrected at the dais. Motion passed unanimously. REGULAR SESSION 7. Consider and take appropriate action regarding a Replat of Lot 2R, Block B to Lot 2R- 1 and 2R-2, Block B, Trophy Wood Business Center. Applicant: Highway 114 Prospect, LTD, Property Owner. (RP-12-019). Motion made by Council member Rose, seconded by Council member Tiffany, to approve a Replat of Lot 2R, Block B to Lot 2R- 1 and 2R-2, Block B, Trophy Wood Business Center. Motion passed unanimously. 8. Consider and take appropriate action regarding a Site Plan for Lakeview Elementary School, 100 Village Trail. Applicant: RLK Engineering on behalf of Northwest ISD. Motion made by Council member Tiffany seconded by Council member Mayer, to accept a Site Plan for Lakeview Elementary School, 100 Village Trail. Motion passed unanimously. Mayor White opened both Agenda Item 9 and 10 together: 9. Consider and take appropriate action regarding a Preliminary Plat of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects on behalf of The Church at Trophy Lakes (PP-12-022). 10. Consider and take appropriate action regarding a Final Plat of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects on behalf of The Church at Trophy Lakes (FP-12-053). Motion made by Council member Rose, seconded by Council member Tiffany, to approve a Preliminary and Final Plat of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive with the requirement that the drainage calculations be corrected and approve by the Town Engineer and Staff prior to filing of final plat. Motion passed unanimously. 11. Consider and take appropriate action regarding a Site Plan for the Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects. The following residents addressed the Town Council: • Rebecca Smith, 110 Lakeshore Drive – for granting the waivers for the Church property • Paula Johndrow, 112 Lakeshore Drive – against the masonry wall Mayor White called a short break and reconvened at 9:32 p.m. Motion made by Council member Rose, seconded by Council member Tiffany to approve the waiver for the Church Building Height. Motion carried unanimously. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the waiver for the Steeple Height. Motion carried unanimously. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the waiver for the Gymnasium Height. Motion carried unanimously. Town Council Page 22 of 117 Meeting Date: February 25, 2013 Motion made by Council member Rose, seconded by Council member Tiffany, to approve the waiver for the Masonry wall (8-ft.) on west and north sides of property. Motion made by Council member Mayer, seconded by Council member Rose to amend the waiver for the Masonry wall (8-ft.) on west and north sides of property for Phase 1 only. Mayor Pro Tem Strother called the question; motion carried unanimously. Amended motion to amend the waiver for the Masonry wall (8-ft.) on west and north sides of property for Phase 1 only carried unanimously. Original motion regarding the waiver for the Masonry wall (8-ft.) on west and north sides of property carried unanimously. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the waiver for the Buffering. Motion made by Council member Mayor, seconded by Council member Rose, to amend the waiver for the Buffering to Phase 1 only and the variance Phase 1 only and if and when the Applicant wants to move to Phase 2, they come back to the Council for continuing variance of the Buffering. Amended m otion carried 4-1-0 with Mayor White, Mayor Pro Tem Strother and Council members Rose and Mayer voting for and Council member Tiffany voting against. Original motion to approve the waiver to the Buffering carried unanimously. Motion made by Council member Rose, seconded by Mayor Pro Tem Strother, to approve the waiver for the EIFS and planter islands. Motion carried unanimously. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the waiver for the 179 parking spaces. Motion carried 4-1-0 with Mayor White, Mayor Pro Tem Strother and Council members Rose and Tiffany voting for and Council member Mayer voting against. Motion made by Council member Rose, seconded by Council member Tiffany, to approve a Site Plan for the Church at Trophy Lakes, 800 Trophy Club Drive with the following waivers approved: Church Building Height, Steeple Height, Gymnasium Height, Masonry wall as amended, Buffering as amended, EIFS and Planter Islands and 179 Parking Spaces, also with the understanding that each phase must be completed in its entirety and phases may not be piecemealed. Motion passed unanimously. 12. Consider and take appropriate action regarding Council approval to proceed with the issuance of a Request for Qualifications to solicit a Facilities Management/Feasibility Study and Design Services. Motion made by Council member Tiffany, seconded by Council member Mayer, to approve Town Manager Slye to proceed with the issuance of a Request for Qualifications to solicit a Facilities Management/Feasibility Study and Design Services. Motion carried 4-1-0 with Mayor White and Council members Rose, Tiffany and Mayer voting for and Mayor Pro Tem Strother voting against. 13. Consider and take appropriate action regarding the approval of a joint election agreement and contract for election services with Denton County; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Rose, seconded by Council member Mayor Pro Tem Strother, to approve a joint election agreement and contract for election services with Denton County; and authorizing Town Council Page 23 of 117 Meeting Date: February 25, 2013 the Mayor or her designee to execute all necessary documents as amended at the dais. Motion passed unanimously. 14. Consider and take appropriate action appointing two Council members to serve on the Audit Subcommittee. Motion made by Mayor Pro Tem Strother, seconded by Council member Tiffany, to appoint Council members Mayer and Tiffany to serve on the Audit Subcommittee. Motion passed unanimously. 15. Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. Motion made by Council member Rose, seconded by Council member Mayer, to add one council member proposition go forth for the Charter Election in the May 2013 election to that Council member would be added at the November 2013 election. Council member Tiffany Called the Question; motion carried unanimously. Motion failed 3-2-0 with Mayor White and Council members Rose and Mayer voting for and Mayor Pro Tem Strother and Council member Tiffany voting against. 16. Town Manager Slye's update regarding the following; discussion of same. - Community Development - Transportation - Council Retreat - Audit - CCPD Town Manager Slye updated the Council and addressed questions; no action taken, update only. 17. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - January 23, 2013 - Annual Denton Co Mayor's Crime Prevention Luncheon - January 25, 2013 - Tarrant Co Women in Government Kick Off Luncheon - February 1-3, 2013 - Elected Officials Conference Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 18. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) Town Council Page 24 of 117 Meeting Date: February 25, 2013 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 the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 13. Consider and take appropriate action regarding input from Staff regarding the creation of a ‘PID Board’ (Mayer, 9/24/2012) 14. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013) No changes were made to the list. EXECUTIVE SESSION 19. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Resignation of Town Secretary/RMO Shannon DePrater; and (2) Potential search for a new Town Secretary/RMO; and (3) Potential appointment of Interim Town Secretary/RMO CONVENE INTO EXECUTIVE SESSION - START TIME – 11:01 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 11:28 P.M. RECONVENE INTO REGULAR SESSION 20. Consider and take appropriate action regarding the Executive Session. Motion made by Mayor Pro Tem Strother, seconded by Council member Mayer, to regretfully accept the Resignation of Town Secretary Shannon DePrater. Motion passed unanimously. Motion made by Mayor Pro Tem Strother, seconded by Council member Rose, to appoint April Reiling as Interim Town Secretary, if needed. Motion passed unanimously. AD JOURN Motion made by Council member Mayer, seconded by Council member Rose, to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 p.m. ___________________________________ ___________________________________ Shannon DePrater, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 25 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-109-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding the Minutes dated February 7-8, 2013 (Council Retreat). Attachments:February 7-8, 2013 Minutes (Council Retreat).pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated February 7-8, 2013 (Council Retreat). Town Council Page 26 of 117 Meeting Date: February 25, 2013 MINUTES TOWN COUNCIL/MANAGEMENT RETREAT FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Thursday, February 7 and Friday, February 8, 2013 at 8:30 A.M. Hilton Garden Inn, 2600 Westport Parkway, Fort Worth, Texas 76177 The Town Council of the Town of Trophy Club, Texas, met in a Retreat Session on Thursday, February 7 and Friday, February 8, 2013. 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, Place 5 Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Clint Schroeder Council Member, Place 3 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Mayor White announced the date of February 7, 2013, called the Town Council to order and announced a quorum at 8:45 a.m. Mayor White noted the excused absence of Council member Schroeder. CONVENE INTO COUNCIL RETREAT SESSION 1. Update ‘Hits and Misses’ document; discussion of same The Council worked with the facilitator to discuss the current objectives under the Council Strategic Goals. Council discussed whether to renew, remain, delete, or add objectives under each strategic goal. 2. General Budget Direction for FY13 and FY14; discussion of same The Town Council provided direction regarding priorities for the FY14 Budget, and what items the Council would like staff to address. Additionally, the direction was also focused on the items identified in the Hits and Misses document. 3. Regional Initiatives; discussion of same Regionalism continues to be a focal point for local governments, and the Council wants to ensure Trophy Club is positioned to take advantage of appropriate opportunities. Additionally, the Council wants to make more of an effort to continue to have engaging conversations with the MUD and surrounding cities. 4. Trophy Club culture and continued improvements; discussion of same The Town Council discussed Trophy Club’s culture relating to developers and businesses as well as culture within the Town. The focus on ‘fun’ and ‘community’ should be promoted for our residents. Town Council Page 27 of 117 Meeting Date: February 25, 2013 ADJOURN Motion made by Mayor White seconded by Council member Tiffany, to adjourn. Motion carried unanimously. Meeting adjourned at 4:35 p.m. RECONVENE AND ANNOUNCE A QUORUM - FRIDAY, FEBRUARY 8, 2013 8:35 a.m. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Clint Schroeder Council Member, Place 3 Glenn Strother Mayor Pro Tem, Place 5 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Scott Kniffen Police Chief Michael Aguilera Finance Director Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director Mike Pastor Information Systems Director Tammy Ard Human Resources Manager Ed Helton Streets Director Mayor White announced the date of February 8, 2013, called the Town Council to order and announced a quorum at 8:35 a.m. Mayor White noted the excused absence of Council members Schroeder and Strother. 5. Continue discussion items from previous day The Management Team and Council discussed the prior day’s discussion by evaluating the Hits and Misses, discussing priorities for the remaining fiscal year as well as FY14, and ways to enhance Trophy Club’s community culture and image within the region. The Council will review the updated Hits and Misses document and provide input on priorities for future decisions. ADJOURN Motion made by Council member Rose, seconded by Council member Tiffany, to adjourn. Motion carried unanimously. Meeting adjourned at 2:50 p.m. ___________________________________ ___________________________________ Shannon DePrater, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 28 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-110-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding the Minutes dated February 14, 2013 (Special Session). Attachments:February 14, 2013 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated February 14, 2013 (Special Session). Town Council Page 29 of 117 Meeting Date: February 25, 2013 MINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Thursday, February 14, 2013 at 5:15 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Thursday, February 14, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Glenn Strother Mayor Pro Tem, Place 5 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Patricia Adams Town Attorney Mayor White announced the date of February 14, 2013, called the Town Council to order and announced a quorum at 5:18 p.m. Mayor White noted the absence of Mayor Pro Tem Strother. EXECUTIVE SESSION 1. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Interview Candidates for appointment to the position of Trophy Club Town Secretary (2) Discussion regarding the hiring of the Town Secretary CONVENE INTO EXECUTIVE SESSION - START TIME – 5:20 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 5:47 P.M. RECONVENE INTO REGULAR SESSION 2. Consider and take appropriate action regarding the Executive Session. Motion made by Council member Mayer, seconded by Council member Rose that the Council authorize the Town Manager and Town Attorney to offer a contract of employment to Amy Piukana as Town Secretary with a start date of March 4 of 2013. Town Council Page 30 of 117 Meeting Date: February 25, 2013 ADJOURN Motion made by Council member Schroeder, seconded by Council member Rose, to adjourn. Motion carried unanimously. Meeting adjourned at 5:48 p.m. ___________________________________ ___________________________________ Shannon DePrater, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 31 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-117-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding a Resolution to approve the application for continued funding of the Drug Interdiction and Juvenile Resource Program Grant through the Criminal Justice Division of the of the Office of the Governor, Criminal Justice Division; and providing an effective date. Attachments:RES 2013-02 Drug Interdiction & Juvenile Program Grant.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution to approve the application for continued funding of the Drug Interdiction and Juvenile Resource Program Grant through the Criminal Justice Division of the of the Office of the Governor, Criminal Justice Division; and providing an effective date. EXPLANATION: This is the second year’s funding for the Juvenile Investigator/Crimes against children Grant Position. This grant provides $77,018.78 in salary plus benefits for the position. This is year two of the three year grant program. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security RECOMMENDATION AND JUSTIFICATION TO COUNCIL: It is recommended that the Council approve this resolution in order to continue providing the services available through this grant. The grant itself spans over a three year period. At the end of each year, the grant must be renewed; This resolution will cover the 2013-2014 school year from 9-1-2013 to 8-21-2014. The amount of funding does not decrease each year as previous grants for personnel have. The resolution must be uploaded into the Governor’s grant application website by 2-28-2013 as a condition of continued funding. Town Council Page 32 of 117 Meeting Date: February 25, 2013 TOWN OF TROPHY CLUB RESOLUTION NO. 2013-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE DRUG INTERDICTION AND JUVENILE RESOURCE OFFICER PROGRAM FOR THE 2013-2014 FISCAL YEAR: AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the Drug Interdiction and Juvenile Resource Program be operated in the 2013-2014 fiscal year; and WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Mike Slye, Town Manager, as the grantee’s authorized Official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. That the Town of Trophy Club approves submission of the grant application for the Drug Interdiction and Juvenile Resource Program to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of February, 2013. 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 [SEAL] Town of Trophy Club, Texas Town Council Page 33 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-118-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Receive Racial Profiling Report; discussion of same. Attachments:2012 citizen contact report.pdf Action ByDate Action ResultVer. TITLE Receive Racial Profiling Report; discussion of same. EXPLANATION: This report, sometimes referred to as the Racial Profiling Report, is required by state law to be submitted to the governing body of the Town by March 1st of each year. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active life style opportunities for all ages Forge collaborative relationships with other governmental and public entities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: This item does not require action on the part of the Council. Town Council Page 34 of 117 Meeting Date: February 25, 2013 Trophy Club Police Department Citizen Contact Report 2012 Town Council Page 35 of 117 Meeting Date: February 25, 2013 To: Mayor, Council, and Town Manager Date: February 5, 2013 From: Chief Kniffen Re: Citizen Contact Report The Texas Legislature has directed Chiefs of Police and Sheriffs in Texas to collect statistics on citizen contacts and report the demographics of those statistics to their local governments and to the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) by March 1st of each year. Neither the statutes nor TCLEOSE rules provide guidance as to what data set or benchmark the “racial profiling” statistics should be compared in order to accurately estimate “the prevalence of racial profiling” as required in the law. It should be noted that the statutes require two “tiers” of reporting. Tier One consists of traffic contacts only. In presenting an appraisal of our collected Tier One statistics we have prepared an analysis on traffic contacts using the data sets from Tarrant and Denton Counties (based on the 2010 census). Tier Two consists of non-traffic contacts. If an agency obtained a state grant for and/or uses video cameras in their cars, they have the option of presenting a written analysis of Tier Two data or keeping the videos for 90 days, in case there is a complaint arising from a contact. If an agency does not apply for the video camera grant (which has not been available for several years) they are required to do the same. If an agency applies for the grant and is denied, they do not have to video or report the analysis of these stops. We video all of our stops and retain the videos for a minimum of 90 days. Thus, we are reporting Tier One data only. It should be noted that the number of citations provided here is based on the number of individuals charged with a violation, not the total number of charges brought. Town Council Page 36 of 117 Meeting Date: February 25, 2013 Graph A depicts the demographics of Tarrant County and Denton County as found in the official 2010 demographics for Tarrant and Denton Counties found on the U.S. Census web site. The source of these data are found at the web site provided below. Demographics – Tarrant County * Population 1,789,900 White (a) 78.40% 1,403,299 Black (a) 14.43% 258,254 Hispanic (b) 26.67% 477,354 Asian (a) 4.33% 77,464 Other (a) 1.08% 19,399 Male 49.93% 893,689 Female 50.07% 896,211 Demographics – Denton County * Population 658,616 White (a) 83.31% 548,669 Black (a) 8.33% 54,877 Hispanic (b) 17.44% 114,894 Asian (a) 5.72% 37,670 Other (a) 0.87% 5,717 Male 49.96% 329,051 Female 50.04% 329,565 (a) Includes persons reporting only one race. (b) Hispanics may be of any race, so also are included in applicable race categories. * www.census.gov Town Council Page 37 of 117 Meeting Date: February 25, 2013 GRAPH A DEMOGRAPHIC COMPARISON BETWEEN TARRANT AND DENTON COUNTIES Town Council Page 38 of 117 Meeting Date: February 25, 2013 2011 Traffic Stops by Race or Ethnicity The table below shows the breakdown – by race or ethnicity – of the traffic contacts (resulting in arrests, citations, or warnings) made in 2011 by the Trophy Club Police Department. It is compared to the demographic benchmarks in Graph A. These percentages are displayed in Graph B. Traffic Contacts Race Number Race Percentage Tarrant Co. %age Denton Co. %age White 2075 White 83.37% 78.40% 83.31% Black 117 Black 4.70% 14.43% 8.33% Hispanic 192 Hispanic 7.71% 26.67% 17.44% Asian 96 Asian 3.86% 4.33% 5.72% Other 9 Other 0.36% 1.08% 0.87% 2489 2012 Traffic Stops GRAPH B – OVERALL TRAFFIC CONTACTS COMPARED TO COUNTY DEMOGRAPHICS Town Council Page 39 of 117 Meeting Date: February 25, 2013 Traffic Contact Percentage by Gender The table below shows the breakdown – by gender – of the traffic contacts (resulting in arrests, citations, and warnings) made in 2011 by the Trophy Club Police Department. It is compared to the demographic benchmarks in Graph A. These percentages are displayed in Graph C. Traffic Contact Percentages by Gender Stops Stop %age Tarrant Co. %age Denton Co. %age Male 1449 58.22% 49.93 49.96 Female 1040 41.78% 50.07 50.04 2489 2012 Traffic Stops GRAPH C – TRAFFIC CONTACTS BY GENDER COMPARED TO COUNTY DEMOGRAPHICS Town Council Page 40 of 117 Meeting Date: February 25, 2013 Searches Another area that requires analysis is the number of searches performed, the reason for the search, and whether or not contraband was found in the search. A search can be performed for a number of reasons. In most cases, searches are performed incidental to an arrest. By statute and policy, to be reported and analyzed, the contact has to be initiated by the officer. When an officer is dispatched to an incident in which someone is already being detained (by a loss prevention officer, for example) a citizen contact report is not required. Only searches that are performed by officers initiating contact with citizens are required to be reported. Reported searches are either probable cause or consent searches. A probable cause search is performed when an officer has sufficient evidence (the odor of marijuana, for example) to justify a legal search. A consent search may be conducted, with the consent of the person contacted or when the officer has a suspicion that some contraband might be found but does not have probable cause. Either is a legal search. In 2012, the Trophy Club Police Department conducted 62 probable cause or consent searches out of 2489 citizen contacts. This means that in only 2.49 % of the contacts was a search initiated by the officer. Of the searches, 21 were consent searches and 41 were probable cause searches. Contraband was found in 26 (41.94%) of the searches. Of the searches performed 44 were white males (47.8% of searches) and contraband was found in eighteen (18) instances (40.91%). Twelve (12) were white females (19.4% of searches) and contraband was found in three (3) instances (25%). Four (4) were African American males (6.45% of searches) and contraband was found in four (4) instances (100%). One was an African American female (1.6% of searches) with no contraband found. One (1) was a Hispanic female (1.6% of searches) and contraband was found in one (1) instance (100%). This year we were also required to track whether or not an officer had prior knowledge of the race or ethnicity of the individual who was stopped. Of the 2489 stops, officers noted prior knowledge of the race of ethnicity of the driver 39 times or 1.57% of the stops. We were also required to track individuals of Middle Eastern descent. Of the 2489 stops, nine (9) were of Middle Eastern descent (0.36% of stops). For the purposes of the charts and graphs in this report, persons of Middle Eastern descent were included in the “Other” category. They will be reported on the TCLEOSE format as required. During 2012, there were no complaints alleging profiling by any member of the Department. Town Council Page 41 of 117 Meeting Date: February 25, 2013 Action Taken This section discloses the action taken by officers after the contact was initiated. Officers have the discretion to arrest, issue a citation, a written warning, a verbal warning, or take no enforcement action as a result of the contact. The tables and charts on the next page reflect action taken on the 2682 citizen contacts in 2011. Each is compared to the demographic benchmarks in Graph A. Traffic Stops Resulting in Arrest Only Race Arrests Arrest %age Tarrant Co. %age Denton Co. %age White 23 White 85.19% 78.40% 83.31% Black 3 Black 11.11% 14.43% 8.33% Hispanic 1 Hispanic 3.70% 26.67% 17.44% Asian 0 Asian 0.00% 4.33% 5.72% Other 0 Other 0.00% 1.08% 0.87% 27 2012Total arrests from traffic stops GRAPH D - TRAFFIC STOPS RESULTING IN ARRESTS COMPARED TO COUNTY DEMOGRAPHICS Town Council Page 42 of 117 Meeting Date: February 25, 2013 Traffic Stops Resulting in Arrest and Citation Race Arrest and Citation %age Tarrant Co. %age Denton Co. %age White 3 White 33.33% 78.40% 83.31% Black 2 Black 22.22% 14.43% 8.33% Hispanic 4 Hispanic 44.44% 26.67% 17.44% Asian 0 Asian 0.00% 4.33% 5.72% Other 0 Other 0.00% 1.08% 0.87% 9 2012 Total arrest and citation from traffic stop GRAPH E – TRAFFIC STOPS RESULTING IN ARREST AND CITATION COMPARED TO COUNTY DEMOGRAPHICS Town Council Page 43 of 117 Meeting Date: February 25, 2013 Traffic Stops Resulting in Citation Only Race Citation only Citation %age Tarrant Co. %age Denton Co. %age White 809 White 77.27% 78.40% 83.31% Black 44 Black 4.20% 14.43% 8.33% Hispanic 145 Hispanic 13.85% 26.67% 17.44% Asian 43 Asian 4.11% 4.33% 5.72% Other 6 Other 0.57% 1.08% 0.87% 1047 2012 Total citations from traffic stops GRAPH F – TRAFFIC STOPS RESULTING IN CITATION ONLY COMPARED TO COUNTY DEMOGRAPHICS Town Council Page 44 of 117 Meeting Date: February 25, 2013 Traffic Stops Resulting in Warning Only Race Warning only Warning %age Tarrant Co. %age Denton Co. %age White 1240 White 88.19% 78.40% 83.31% Black 68 Black 4.84% 14.43% 8.33% Hispanic 42 Hispanic 2.99% 26.67% 17.44% Asian 53 Asian 3.77% 4.33% 5.72% Other 3 Other 0.21% 1.08% 0.87% 1406 2012 Total warnings from traffic stops GRAPH G – TRAFFIC STOPS RESULTING IN WARNING ONLY COMPARED TO COUNTY DEMOGRAPHICS Town Council Page 45 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-111-T Name: Status:Type:Agenda Item Public Hearing File created:In control:2/19/2013 Town Council On agenda:Final action:2/25/2013 Title:Public Hearing to consider the proposed two-year Budget Plan and proposed two-year Crime Control Plan for a Crime Control and Prevention District. Attachments:CCPD Proposed Plan.pdf CCPD Proposed Budget.pdf Action ByDate Action ResultVer. TITLE Public Hearing to consider the proposed two-year Budget Plan and proposed two-year Crime Control Plan for a Crime Control and Prevention District. Town Council Page 46 of 117 Meeting Date: February 25, 2013 TOWN OF TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT OVERVIEW Chapter 363 of the Texas Local Government Code allows for the creation of a Crime Control and Prevention District (hereinafter “CCPD‟). A proposed sales tax funds the District, in this instance 1/4 of 1 percent, assuming voter approval on May 11, 2013 . The Trophy Club Town Council appointed a Temporary Board of Directors for the proposed Crime Control and Prevention District. The members of that board are: Dena Boudreau Chair Adam Broyles Board member Brent Card Board member Christopher Davis Board member Timothy Gamache Board member Paul Glowacki Vice-Chair J.J. Isherwood Board member This board will consider a two-year Crime Control and Prevention Plan as well as a Budget Plan for the District. The following pages outline the Crime Control and Prevention Plan and the Budget. The Plan provides funding and follows strategies. These strategies are: 1. Enhance the efficiency and effectiveness of the Trophy Club Police Department through development of a needs assessment and engaging engineering experts to plan and implement a new police facility. 2. Enhance the crime fighting capabilities of the Trophy Club Police Department through the acquisition of equipment and technology. 3. Increase the capabilities of the Trophy Club Police Department through increased staffing in specific areas. As dictated by state law, if the voters approve the creation of the District, the Town Council will appoint a Permanent Board of Directors. This board will oversee the District and develop annual budgets and plans. Town Council Page 47 of 117 Meeting Date: February 25, 2013 CRIME CONTROL AND PREVENTION PLAN TWO YEAR PLAN Throughout the history of law enforcement in America, changes in technology ushered in changes in crime control strategies. As equipment, technology, and training have improved agencies moved from the traditional model to the professional model to the community policing model to the intelligence-led model. The Trophy Club Police Department recognizes the effectiveness of the two most recent models but also recognizes the effectiveness of traditional law enforcement practices such as rapid response to calls for service. The Trophy Club Police Department primarily uses a hybrid form of community policing, embracing the problem-solving and partnership aspects of community policing. We also include what many consider a more traditional response by having a uniformed officer respond to all calls for service as quickly as time permits. Detectives not civilian personnel follow-up on all criminal events. However, in keeping with the problem oriented/community oriented model, officers look for potential problem areas where there are reoccurring problems and partner with residents and other stake holders to resolve those problems. The Town of Trophy Club is a proactive town and its police department is no different. The department attempts to equip its staff with the most effective safety and crime fighting equipment they can reasonably afford. Funding sources have traditionally included the general fund and grants. There are obvious limits on these sources of funding. The Department competes with other Town departments for general fund dollars and against other public and non-profit agencies for grant funding. Any increase to our sales tax rate such as proposed through the creation of the CCPD will collect taxes from non-residents who consume law enforcement services and provide needed funding to improve public safety. The 1/4 of a cent sales tax allocated for the CCPD appears as a fair way of spreading that burden because the choice to make purchases for which sales tax dollars are collected rest solely with the purchaser. Town Council Page 48 of 117 Meeting Date: February 25, 2013 The Crime Control and Prevention District two-year plan and budget will focus on the following strategies: Development of a needs assessment/design/engineering services for a Police Building – The Police Building is in abysmal condition. This is a critical issue for the Department. In order to carry out its mission, the Department must move forward with a needs assessment, development of architectural and engineering plans, and locating a site for a future police building. Equipment and New Technology – In order to carry out its mission, the police department must equip and train its officers with various tools to maintain and improve public safety. Such tools may include small pieces of equipment assigned to individual officers up to and including capital equipment. Supervisors, in conjunction with the Town’s Information Technology staff continually evaluate new technology that can be employed to enhance our efficiency. Staffing Levels – Critical law enforcement services in the Town of Trophy Club rely upon establishing minimum staffing levels in specific areas in order to carry out its mission. The district will support local law enforcement with additional staffing in order to ensure minimum staffing for School Resource Officers. Town Council Page 49 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Development of a needs assessment/design/engineering services for a Police Building Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. The Police Building was built by G. E. Capital Modular Systems in early 1995. The concept of construction was five (5) modular units transported in and secured together. These units were leveled with jack stands and skirted with a brick ledge then covered with brick veneer. The original cost was around $200,000. Maintenance issues began to arise late 1999 starting with the roof. G. E. Capital referred us to a company by the name of Maintenance Express. Maintenance Express is apparently now out of business. Several attempts to repair the roof over the years have produced varied results. As noted, the building is leveled on jack stands. These were placed on plywood that, over the years, has deteriorated to the extent that the expansion of an unstable foundation has affected the roof and floor of the building. Being a modular structure and set up like a trailer home, this building does not have a solid foundation. The foundation is “pier and beam” although one contractor advised me that some of the piers are cinder blocks and some are jack stands sitting on plywood. After 17 years, you can imagine how much support plywood is actually providing. Water damage from leaks in the roof has compromised the stability of the foundation and supporting walls. Floors have buckled, resulting in ripped carpet, and sticking doors. Mold was found in two offices and remediated. Gallagher Roofing repaired the roof in 2006 after several years of temporary repairs. New down spouts were installed at this time. Unfortunately these oversized down spouts cause additional water to be introduced under the foundation. Currently, the roof is leaking in at least one location. Other maintenance include of repairs to the air condition system. Two (2) different contractors explain to us that the repairs to modular A/C units are costly because of where the units are placed and also the fact that they are not manufactured to be used as a permanent fixed unit. An estimate to replace all of these units has been obtained and would exceed the entire building maintenance line item. Problems with this type of construction used long-term could fill several pages. The board will be offered the opportunity to do a walk-through at a future meeting. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc The Department has relied on temporary fixes for air conditioners and the roof, via the Building Maintenance line item. The HVAC units require hundreds of dollars of repair each season. The Town Council Page 50 of 117 Meeting Date: February 25, 2013 Building Maintenance line item has increased in actual expense every year since FY 2007-08 when actual expenses were $5420. As of September 1, 2012, the actual expense for FY 2011-12 was $10,073. This line item is set at $12,500 for FY 2012-13. Repair of the substructure and floors, replacing carpeting and tile, painting the interior, etc. will add greatly to the appearance of the building. An estimate of over $83,000 for this work was obtained in 2012. Painting the interior walls alone has been estimated at $19,800. Future needs but will undoubtedly include replacement of HVAC units (7 total) if we are to remain in this building. Repair of the substructure and floors, replacing carpeting and tile, painting the interior - $83,000 Repair/replace HVAC units - $29,700 Last year’s estimates of repairs to bring buildings into acceptable condition - $112,700 Last month extremely weak spot in the patrol room floor was patched with plywood to prevent someone from stepping through the floor and the floor at the rear door of the building needs to be repaired as well. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? The Police Department will continue to operate from this facility until it is replaced or condemned. Finding mold in two offices leads one to believe there could be more, yet undiscovered mold. Fortunately, we were able to remediate the mold as it was not a toxic sort of mold. We cannot, however, expose employees and visitors to the building to a toxic environment. The building is too small; has too little storage; is poorly arranged; and does not contain the appropriate training, locker, shower, or emergency use areas. Further, the property actually belongs to the Municipal Utility District. It has been stated that there is a letter from the MUD to the Town which sets a deadline for removal of the building so the MUD can construct additional water storage units. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? Eliminating positions, increasing technological capabilities, or re-engineering the process do not apply. Sharing resources with other municipal departments is an appropriate consideration and, should this needs assessment be funded by the CCPD, a needs assessment for other Town departments should be funded from the General Funds. A multi-use building was considered when the Fire Department was in the planning and engineering stages. They had already committed a sizeable amount of money to the process and Town Council Page 51 of 117 Meeting Date: February 25, 2013 a redesign to include both Fire and Police Departments would have proven to be very expensive. Further, the property upon which the Fire Department is built would not have been large enough for both departments. Land for locating public buildings in Trophy Club is rapidly disappearing. This is a primary consideration and must be a priority when proposing a design for the structure. If land is procured for a municipal service/police building, the needs assessment and architectural work could proceed much more quickly as the building could be designed to fit the property. A shared facility would eliminate the need for duplicate restrooms, kitchen facilities, training rooms, and conference rooms. It would maintain the Town offices under one roof and enhance cooperative efforts among the various departments. However this is developed, one major concern is the absence of a hardened Emergency Operations Center. The existing locations (FD with Town hall as back-up) are not sufficiently hardened from external weather forces and are located in areas that are commonly available to the general public. Neither situation is appropriate for an EOC. Performance Measures: Year 1 Locate property and negotiate for its purchase. Start the needs assessment/design/engineering process with a Request for Proposal from the appropriate firms. Obtain political support for stand-alone Police Building. Year 2 Obtain funding for building and start construction. Town Council Page 52 of 117 Meeting Date: February 25, 2013 All Equipment and New Technology requests are prioritized based on input from Police Department Command Staff and are listed according to that input. Action Step Justification for Request Action Step Title: Equipment and New Technology – TASER issue Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. “While a police officer is on duty he or she needs simple and reliable systems to protect themselves as well as the public. Most confrontations do not justify the use of lethal force, but an officer should not have to expose him or herself or the public to risk of injury from physical confrontations with a violent combatant. Field studies of TASER® technology have shown these less-lethal weapons can significantly reduce injuries to both suspects and officers.” (*TASER International) The Town Of Trophy Club is mostly residential. If we have to use force on someone, it is likely that a member of our community may be directly affected. Officers do not want to injure a combative individual. We only wish to stop them from causing injury to themselves or others. Prior to the pilot program for TASER in Trophy Club, the force options a police officer had included brute strength or hand-to-hand combat skills, OC Spray, striking the individual with a collapsible baton, or lethal force (firearm). These limited options place the officer as well as the department in direct line of fire for a liability nightmare. The liability and cost of litigation has the potential to soar into the tens of thousands if not millions of dollars if an officer seriously injures a combative individual. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc In Fiscal Year 11-12, the Department entered into a pilot program for TASER use. We purchased four units. Each officer was issued a holster and received the training necessary to qualify to carry a TASER. We have been analyzing the effectiveness of this tool since fielding them in the Spring of 2012. Prior to fielding the TASER, we amended our use of force policy to include this less-lethal option. To date, we have had one incident in which a TASER was actually used to stop a person. It stopped him effectively and an arrest was accomplished. There has been at least one incident in which TASER use was threatened and a violent confrontation that would have resulted in injuries to both suspect and officers was avoided. The suspect complied with orders rather than subject himself to the TASER. There has been anecdotal information passed along that individuals have been much more likely to submit to arrest than to flee or fight when the TASER is present, even if it is not deployed. If the TASER is not unholstered, no use of force report is required so this data is not included in the analysis. Town Council Page 53 of 117 Meeting Date: February 25, 2013 What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? If this request is not funded we will request the purchase of the TASER units for individual issue in the FY 2013-14 budget. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? These factors are not applicable. Performance Measures Year 1 Obtain and issue the TASER to each officer. Continue the analysis of TASER use as well as other use of force options. Provide necessary maintenance and upgrades on the new equipment in accordance with manufacturer’s specifications. Year 2 Continue the analysis of TASER use as well as other use of force options. Provide necessary maintenance and upgrades on the new equipment in accordance with manufacturer’s specifications. Town Council Page 54 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Fifth and sixth patrol vehicles Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. The patrol fleet consists of four marked Chevrolet Tahoes. The decision to purchase the Tahoe as a patrol unit was made when it became apparent that the Ford Crown Victoria Police Interceptor would be phased out. The Dodge Charger had proven to be an unreliable replacement for the Crown Victoria and the Ford alternatives were new and unproven. Chevrolet reintroduced the Caprice for patrol use but it was a relatively new system that was also unproven for patrol use. The Tahoe is expected to last longer, is a larger vehicle internally, and has many other features that make it an exceptional patrol vehicle. Additionally, it has become a standard item in many agencies. With the increase in patrol staff authorized this fiscal year, there will be times when we will have four officers on-duty at one time, each utilizing a patrol unit. With this use, the life expectancy of the Tahoe will be reduced. Providing an additional patrol unit will ensure that there are sufficient vehicles available to make the most efficient use of the personnel we have on-duty. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Until the three new full-time patrol officers are on the street, which is anticipated by May, 2013, this will not be an issue. We will be evaluating the vehicle workload this summer to determine whether or not to request two new patrol units instead of just one. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? We will request funding for patrol unit(s) through the budget process. We will still patrol as always although efficiency could be reduced if four officers are on-duty and fewer than four vehicles are available. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? Patrol is a primary police activity and will not be replaced by any other activity. Performance Measures Town Council Page 55 of 117 Meeting Date: February 25, 2013 Year 1 Purchase fifth patrol unit. Provide necessary maintenance on the new vehicle in accordance with fleet maintenance schedule. Minimize down time of vehicle due to mechanical malfunctions. Year 2 Purchase sixth patrol unit. Provide necessary maintenance on the new vehicle in accordance with fleet maintenance schedule. Minimize down time of vehicle due to mechanical malfunctions. Town Council Page 56 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Equipment to outfit fifth and sixth patrol units Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. Under normal circumstances we will transfer existing and still usable vehicle equipment from a vehicle being taken out of the patrol fleet into a new patrol vehicle. If a fifth of sixth patrol vehicle is funded, there will not be equipment to transfer as it will still be in use in existing patrol vehicles. Equipment to completely outfit a new patrol vehicle is almost as expensive as the vehicle itself and includes emergency equipment (lights and siren), radio, radar, video camera, ruggedized laptop computer and mount, rear transport seat and partition, etc. If these vehicles are not funded, it will not be necessary to fund this equipment. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc If these vehicles are not funded this will not be applicable. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? Having a marked patrol unit without the equipment needed to perform the patrol tasks would not be an acceptable solution. If these vehicles are not funded this request should not be funded. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? If these vehicles are not funded this will not be applicable. Performance Measures Year 1 Purchase and install necessary equipment in new patrol unit. Provide necessary maintenance on the new equipment. Year 2 Town Council Page 57 of 117 Meeting Date: February 25, 2013 Purchase and install necessary equipment in new patrol unit including AED and rapid response equipment as described below. Provide necessary maintenance on the new equipment. Town Council Page 58 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Automated External Defibrilators Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. Automated External Defibrilators (AED’s) save lives. These units are now portable, simple to use, and available from multiple sources. Each patrol vehicle and the Police Building should be equipped with AED’s. While we have not experienced a need for one of these units, it is only a matter of time before we will. When we do, seconds can make a difference between survival and death or serious physical harm. When considering the unit to deploy, we would rely on the Fire Department for input. It would be most appropriate to obtain equipment that was compatible with their existing equipment. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Each officer has received training in CPR. We will continue to update this training to stay up with the latest protocol and rely on the Fire Department to provide the AED response. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? We will continue to rely on the Fire Department for AED service and provide CPR until firefighters are available. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? Not applicable. It is unlikely other agencies would share their AED’s with us Performance Measures Year 1 Purchase and install the equipment in each patrol unit and the Police Building (six total if fifth patrol vehicle is funded). Train all employees on the new equipment. Provide necessary maintenance on the new equipment. Town Council Page 59 of 117 Meeting Date: February 25, 2013 Year 2 Purchase and install the equipment in the sixth patrol unit, if funded. Provide necessary maintenance on the new equipment. Town Council Page 60 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Identify and issue duty weapons Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. Currently our officers supply their own duty weapon. There are a variety of weapons and calibers carried by officers. We are relatively flexible on duty weapons and permit major manufacturers weapons to be carried in either 9 MM, .357 Sig,.40 S&W, or .45 ACP caliber. The department furnishes training, practice, and duty ammunition on one of these calibers to each officer. Each different make of firearm uses a different magazine. In fact, some firearms of the same make use different magazines in similar weapons. The Glock 22, for instance, is a semi- automatic pistol in .40 S&W caliber. The Glock 23 is also a semi-automatic pistol in .40 S&W caliber. They are very similar but magazines for the Glock 23, a compact version of the Glock 22, won’t function in the Glock 22 (the magazine is too short). The Glock 22 magazine, however, will function just fine in the Glock 23. It is a longer magazine so it will extend from the frame but will function just the same. Similarly, officers are offered several options for holsters and are allowed to carry Level 1 holsters (which have the minimum safety options), Level 2 holsters (with a second locking mechanism), or Level 3 holsters (which have the most security from unauthorized removal). With this wide variety of holsters comes the concern that if a second officer needed to access a downed officer’s firearm, he or she might not be able to do so due to lack of familiarity with that holster. Issuing three to four different calibers means the Department must purchase training, practice, and duty ammunition for three to four different calibers. Purchasing one caliber of training and duty ammunition would probably result in an overall savings to the Department by buying a greater volume of one type. Standardizing duty weapons would allow us to standardize the ammunition, holsters, and magazines. This would save money over the long run and increase officer safety. We would no longer have a concern about officers on the same shift not being able to access a fallen officer’s firearm if they were using the same holster. The officers could exchange magazines if one ran out. All officers would be familiar with the duty weapon other officers were carrying, eliminating the need for cross-training during an emergency situation. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Officers have practiced with each other’s firearms on a limited basis but full-scale training on the various platforms is not feasible. Town Council Page 61 of 117 Meeting Date: February 25, 2013 What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? We will continue to permit officers to carry the firearms they purchase. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? This is not applicable. Officers are required to carry duty weapons and cross training would prohibitively expensive and time consuming. Performance Measures Year 1 Identify the type and caliber of firearm, caliber, holster, and magazine pouches appropriate for the Department through testing and evaluating various systems. Year 2 Purchase the firearms and associated equipment. Train officers on the new firearms and equipment. Provide necessary maintenance on the new equipment. Town Council Page 62 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Update Opti-com technology Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. The Opti-com is essentially a strobe light that opens the gates to our gated communities permitting us to enter these areas without stopping to input a gate code on the keypad at the entrances. Having to stop before entry can cost precious seconds when we respond to emergencies in these gated communities. The Opti-com is mounted on the bumper guards of our patrol vehicles. It has been determined that the strobe effect could cause a passing motorist who is epileptic to have a seizure. The Fire Department is transitioning to an infrared system to eliminate this strobe or LED flashing effect that occurs with our current lights. The infrared system would eliminate this possibility since the light is invisible. We would continue to be able to respond to emergencies without delay without posing a hazard to a passing motorist. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc There is not an option to this action step. We will respond to emergencies in gated communities using our current technology if this item is not funded. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? We will still respond to emergencies in gated communities. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? The only alternative here is to require physical entry of codes into each keypad. Since these codes change occasionally, it becomes the responsibility of each community to forward any changes to the Department and our responsibility to make sure each patrol officer is informed of the changes. The Opti-com system reduces response times. Performance Measures Year 1 Town Council Page 63 of 117 Meeting Date: February 25, 2013 Partner with gated communities on cost sharing, if possible. Cost disclosed in budget does not reflect partnering with gated communities. Opti-com are used in locations outside Town as well as for gated communities. Purchase and install the infrared equipment on existing patrol fleet. Train officers on the new equipment. Provide necessary maintenance on the new equipment. Year 2 Provide necessary maintenance on the new equipment. Town Council Page 64 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Automated License Plate Recognition System Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. Typical criminal activity in Trophy Club runs the gamut from graffiti and criminal mischief to auto theft and burglary. We have been fortunate in that crimes against persons are the exception, not the rule. The Town of Trophy Club has grown rapidly over the last ten years from a quiet, sleepy suburb of 5000 into a dynamic, accessible, well known residential suburb of southern Denton and north- east Tarrant Counties with a population of over 9,000. Trophy Club is considered to be one of the safest communities in North Central Texas. This has been accomplished through an award winning model of crime prevention and early detection. Most of the towns that border Trophy Club experience crime rates that are higher than ours in spite of the fact that many of the same criminals travel through Trophy Club over shared borders. The Police Department has been tasked with doing more with less and becoming as efficient as possible in order to best use the resources we have. To that end, the Department has need of an Automated License Plate Recognition (ALPR) system. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Officers on routine patrol frequently check suspicious motor vehicle license plates through the TLETS/NLETS system in order to ascertain whether the vehicle or license plates are stolen or whether the driver or other occupants may be wanted or connected with another offense. These checks are completed one at a time by radio or through the Mobile Data Computer (MDC) in the vehicle. In either case, license plate checks may take a minute or two to complete. In the case of moving vehicles, one to two minutes puts distance between the officer running the check and the vehicle and may impede the officer's ability to act should an occupant possibly be wanted or the vehicle and/or license plate return as stolen. Using currently available technology, vehicle license plates can now be read automatically by ALPR systems. These plates are then compared to a current database of stolen vehicles, license plates, and wanted persons that is updated and downloaded daily. The results are almost instantaneous and allow the officer to concentrate on other observations even as his vehicle scans thousands of plates automatically. This process is much more efficient and provides a "force multiplier" for officers on patrol. The system will assist the Department in the prevention of crime and aid officers in rapidly apprehending suspects responsible for criminal activity both in Trophy Club and in surrounding municipalities. These ALPR systems will serve all groups within the town, both residents and the visiting population and will allow greater public safety through the detection of stolen vehicles, wanted persons, and vehicles used in criminal activity. Town Council Page 65 of 117 Meeting Date: February 25, 2013 What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? Officers will continue to run vehicles one at a time through the radio or MDC in the patrol vehicle. We will continue to find stolen vehicles and wanted persons. However, we will also continue to miss potential criminals trolling through Trophy Club for opportunities to take advantage of the fact that we can only be in one place at a time. Further, officers operating the MDC in the vehicle are, at least partially, distracted while they are driving. As traffic increases, the number of potential conflicts increases. Thus, during rush hour, when it is possible that a greater number of violators are on the streets of Trophy Club, the risks associated with using the MDC also increase. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? Eliminating positions or programs or re-engineering the process are not applicable to this issue. This is existing technology that can be applied throughout the patrol function by equipping each patrol unit with the appropriate cameras and software. We hope to share data with numerous agencies and have previously attempted to fund this through a federal grant. These issues are still being researched. There are no options to lease this equipment. Performance Measures Year 1 Develop internal policies for the use of this technology. Form partnerships with adjacent agencies and their crime analysis personnel in order to facilitate communication of intelligence and crime data via a regional ALPR database and determine if the sharing of data among the agencies is feasible. Year 2 Identify and phase in the ALPR system most appropriate for the agency by researching other local agencies using ALPR systems. Obtain two ALPR systems for patrol use and train all potential users on the policy and operation on the system. Using comparative data, determine the success of the program at providing a safer community by reducing crime through the identification, arrest, and prosecution of criminal offenders. Determine if it is feasible to continue program with additional systems. Town Council Page 66 of 117 Meeting Date: February 25, 2013 Provide necessary maintenance and upgrades on the new equipment in accordance with manufacturer’s specifications. Town Council Page 67 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Rapid Response Equipment Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. Rapid response to a shooting situation or other calamitous event at a public facility has become necessary due to the increasing severity of “active shooter” type events. Regardless of one’s position on the cause or cure of these events, one truth remains: The United States is the only nation in the world in which the first responders to this type of event are police officers. Every other country in the world sends its military to deal with these events. Whether we consider these events domestic terrorism or address them by some other name, the local law enforcement agency will be the lead agency in the response. At risk of being labeled paranoid, it must be recognized that our four schools, our hotels and businesses, and our parks and playgrounds are potential targets for these events. It has not happened in Trophy Club but that does not mean that it won’t. If it does, the equipment, supplies, and training to deal with the event must be in place in advance. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Several of our officers have been to the “active shooter” type training that is offered in various places. We have patrol rifles and shotguns with which all officers have trained. We currently qualify with those firearms annually. Some officers have developed their own rapid response or “go” bag but there is no standardization of equipment or supplies for these kits. Personal equipment issued would include load bearing equipment, an advanced medical kit, flex cuffs, and identification panels for the load bearing equipment. Other issued equipment or supplies would be provided as needed from the general fund budget. Cost per person would be about $315 for this equipment for a total of $6,930 for issued equipment. Equipment stored in vehicles would include rifle caliber vest plates and carriers, additional magazines for the patrol rifle and other equipment such as wedges and entry tools for opening or securing doors as well as a sturdy bag for each vehicle. Assuming that the fifth patrol unit is funded we would need 10 bags and equipment sets. Estimated cost per vehicle would be $1,796.50. Ammunition and specialty munitions would also need to be funded for additional training and to equip all vehicles with duty ammunition/munitions for the patrol rifle and/or shotgun. $9.900 is budgeted for this purpose. Town Council Page 68 of 117 Meeting Date: February 25, 2013 What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? There is no question that, if an event occurred, we would respond with all personnel that were available. Mutual aid agreements already in place would enable us to call on agencies in the area for assistance. Trophy Club officers, who would undoubtedly be first on the scene, would enter as soon as the appropriate number of individuals was on the scene. Response times and workloads would not be effected by our not having the equipment. However, if an event of this sort occurred, there would not be any on-duty officers who would not respond and take part. All other work would cease. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? There is a federal program that permits us to identify and obtain military equipment that would be appropriate to this program but it is unlikely other local police agencies would share their equipment with us Performance Measures Year 1 Identify the rapid response equipment and supplies and determine which equipment would be individual issue (22 officers) and which would be stored in police vehicles (ten units if the fifth patrol unit is provided). Obtain the equipment and supplies through the budget process or via the military equipment program mentioned above. Train all employees on the new equipment and supplies. Provide necessary maintenance on the new equipment. Year 2 Purchase and install the equipment in the sixth patrol unit, if funded. Provide necessary maintenance on the new equipment. Town Council Page 69 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Equipment and New Technology – Handheld Electronic Citation system Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. Currently officers complete citations by hand. With our previous court software system, we could issue an electronic citation that was generated after an officer entered the necessary information into the Mobile Data Computer. Without going into great detail, the records management system the Police Department employs does not communicate with the court system. The necessary software is available at some expense. If the software was obtained, the officers could continue to issue citations manually or via the MDC. Using the MDC, with either system, is less than favorable because the officer has to be inside the police vehicle to do so. This is an officer safety issue. The Electronic Citation system permits the officer to remain outside the vehicle where he or she can maintain a better view of the suspect vehicle, violator, and traffic flow. We will still need to address the issue of software compatibility and will work with Municipal Court and IT to resolve that issue. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Officers have transitioned from hand-written citations, to electronic citations, and back to hand- written citations. We will continue to operate in the most efficient manner possible. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? We will continue to operate in the most efficient manner possible. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? This would represent a technological improvement to our current method. The problem has been the changes in software by the Police Department and Municipal Court. The PD obtained software they would not otherwise have been able to obtain because Denton County S.O. gave it to us. The court obtained software along with the Finance Department that worked best for them. There is a way to make them compatible. We are working on it. Town Council Page 70 of 117 Meeting Date: February 25, 2013 Performance Measures Year 1 Resolve the software compatibility issue between the PD and Court. Determine if this system reduces data input time for either department and identify those savings. Determine if there are Court Technology funds that could be utilized to offset the costs involved. Year 2 Identify the appropriate Handheld Electronic Citation system and plan a multi-year phase in program to evaluate the effectiveness of the system. Town Council Page 71 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Install awning at existing police building Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. The Police Building was built with no covered parking area. This is problematic in several areas. Unlike a home at which a garage protects a vehicle from the weather, police vehicles are not afforded that protection. A number of the vehicles have suffered hail damage during storms. Repair takes a vehicle out of the fleet for several days and, in the event of a significant hail storm, could cause body damage or damage to exterior lighting that would take even more time to repair. In this situation, all the other vehicles are driven more frequently resulting in a shorter life expectancy for the vehicles. Further, the vehicles and, more importantly, the expensive electronic equipment in each vehicle, are not protected from sun and heat damage during the summer months. In each patrol vehicle there is a radar, radio, and mobile video system. In vehicles in use there is an in-car computer installed. The summer sun literally bakes this equipment. This increases maintenance on the equipment and can cause failure at an inopportune time. Most officers rely on the air conditioning in the vehicle to protect the equipment during the summer months, leaving their vehicle running while they are parked at the office. This increases fuel use and wear and tear on the engines while idling. It also impacts the expected life expectancy of the vehicles. It has been an issue as long as police departments have installed equipment in cars in Texas. We have addressed it on several occasions but have not been able to work it into the budget. The structure would be constructed so that, in the event a new police building is provided, it could be moved and utilized for the same purpose at the new building or installed as covered parking for visitors to the police building. What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc We permit officers to leave their vehicles running during the summer months to prevent, as much as possible, damage from heat to the electronics. When officers have time and opportunity, they will take patrol vehicles that are not in use to a covered area, such as a bank, during inclement weather. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? The Police Department will continue to operate as we have in the past. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Town Council Page 72 of 117 Meeting Date: February 25, 2013 Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? Eliminating positions, increasing technological capabilities, or re-engineering the process do not apply. Performance Measures: Year 1 Identify the size and construction of the structure. Identify the vendor for construction. Let the contract and build the structure. Year 2 No funding would be sought year 2. Town Council Page 73 of 117 Meeting Date: February 25, 2013 Action Step Justification for Request Action Step Title: Staffing Levels – School Resource Officer Why is the action step being requested? What is the issue to be addressed, when and how did it become an issue, etc. The School Resource Officer (SRO) program was started several years ago with a federal hiring grant that permitted us to provide a SRO to Northwest ISD at no cost. Over time, NISD provided a standardized stipend of $15,000 per year for the position. This did not come close to covering the expense the Town incurred in providing an officer in the schools. Throughout this time, the grant was dwindling down but was at least partially funded for, I believe, five years. At the end of the grant, the Town, wanting to maintain this relationship with NISD, entered into an interlocal agreement that provided the officer to the district with the district funding the position for the school year. The officer was assigned as the Juvenile Detective most of the time although he did work in patrol occasionally. With the construction of Byron Nelson High School (BNHS) the SRO was provided with an office there. He moved from Medlin Middle School the first year BNHS was open. As a result of the increase in school age students in Trophy Club, juvenile related calls for service increased by about 200% in one year. The high school is now a four-year campus. Beck Elementary expanded last year and Lakeview Elementary is expanding this year. Continued growth in the number of students is expected. The Department has provided a SRO who expected to provide security as well as education through the Law Enforcement Teaching Students (LETS) class (a DARE type curriculum), Eddie Eagle (a firearms safety program from the NRA), and Texas Law and You training. A prior SRO was also part of our bike team and assisted with bicycle rodeos at the schools throughout the year. The SRO also provides any number of administrative to the district through his presence at conferences and so forth. Last fall, we added a full-time Juvenile Detective. The existing SRO moved into that position and a patrol officer filled the SRO slot, making us one officer short on patrol. The approved patrol positions will remedy this in time but the increased work load felt by our new SRO is substantial. It is time to expand our presence at the schools in Trophy Club with the addition of a second SRO. The increased workload has been assumed by the SRO with frequent assistance from patrol officers. Needless to say, whenever one of our two on-duty patrol officers responds to one of our schools, our on-duty patrol staff is reduced by 50% leaving a SRO and a patrol officer to serve the district and one patrol officer to provide services to 9000 residents affecting response time, citizen satisfaction, and officer safety What have you done to handle this issue until now? Have you utilized overtime, contract help, part time hours, rental of equipment, technology changes, changes in processes or procedures, had an unsatisfactory response, etc Town Council Page 74 of 117 Meeting Date: February 25, 2013 The increased workload has been handled by the SRO with frequent assistance from patrol officers and/or supervisors. This reduces the available patrol staff to serve other areas of town, increasing response time and decreasing quality of life for those residents as well as impacting officer safety. What would happen if this action step was not funded? Would you still provide the service? How would response times or workload be affected? How would other programs or positions be impacted? If this is not funded we will continue to rely on patrol officers and/or supervisors to provide services to the schools while resident’s receipt of services is decreased. These positions rely on the participation of Northwest ISD. Representatives of NISD have advised that they will not be funding a SRO at Medlin this fiscal year. This representative stated, in an email, “Northwest ISD has a system in place to identify SRO needs at campuses and thought the District. At this time, Medlin M.S. has not been identified as a campus in which we will need to place an SRO.” In a later email, this representative stated, “At this time, there is neither a plan nor a budget for an additional SRO in Trophy Club.” Given that NISD will not be cost participating this fiscal year, no funding is requested for this action step. We will continue to work with NISD and when their system identifies a need at one of the campuses we will move forward with this partnership. What existing funding (positions/programming) have you evaluated for use if no additional resources are approved? Have you looked at eliminating other positions, programs? Have you looked at technology improvements? Have you looked at re-engineering the process? Utilizing contract or shared resources with another department or agency? This is not an action step that lends itself to technological or re-engineering opportunities. Denton County S.O. provided a truancy officer who was provided an office at Medlin Middle School. More often than not, patrol officers responded to assist the SRO regardless of whether the deputy was available. It is proposed that the second and subsequent years of service for the proposed SRO’s be budgeted from the General Fund. Performance Measures Year 1 Continue to collect data and work with NISD to develop plans for this continued partnership. Renew the existing interlocal agreement with NISD. Year 2 Town Council Page 75 of 117 Meeting Date: February 25, 2013 If justified, alter the interlocal agreement with NISD to provide funding for a second SRO who would office at a location in Trophy Club identified by NISD and Town officials. If justified, identify interested officers for this position and transfer one patrol officer. If justified, replace that patrol officer with a new hire. If justified, arrange training for the new SRO through funding provided by the district. Renew the interlocal agreement with NISD. Town Council Page 76 of 117 Meeting Date: February 25, 2013 TOWN OF TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT BUDGET FY 2013-14 BACKGROUND A creation election for the Crime Control and Prevention District allowing for the collection of a one-fourth of one percent sales tax will be held in May, 2013. Proceeds from this sales tax may only be used for law enforcement programs. State law requires that a public hearing be held in relation to consideration of the proposed budget. ANALYSIS Proposed FY 2013-14 Budget The proposed budget projects sales tax collection to be $160,000. Interest earnings are also projected however this data is not available and is not included. Projects for years one and two are hereby submitted for consideration by the Temporary Board of Directors. State law requires that the district fund an annual evaluation program to study the impact, efficiency, and effectiveness of new or expanded crime control and crime prevention programs. The law also requires that the board have an annual audit made of the financial condition of the district by a third party auditor. Finally, the district can contract with the municipality for administrative support. A total of $1,000 has been requested to cover the cost of the third party audit and the use of town staff to provide administrative support and conduct the annual evaluation. Proposed FY 2013-14 Budget Detail Crime Control and Prevention District BEGINNING FUND BALANCE $ 0 REVENUES Sales Tax $160,000 Interest/Misc. $0 Total Revenues $160,000 Total Resources $160,000 EXPENDITURES Police Department Infrastructure Start the needs assessment/design/engineering process with a Request for Proposal from the appropriate firms. Locate property and negotiate purchase Total infrastructure $17,584 One‐Time Expenditures: TASER (16 units) $20,000 Fifth patrol vehicle $26,000 Town Council Page 77 of 117 Meeting Date: February 25, 2013 Equipment to outfit fifth patrol unit $22,900 Automated External Defibrilators (6 at $2000 each) $12,000 Identify appropriate duty weapons/equipment (no cost year 1) $0 Update Opti-com technology (existing fleet) $4,000 Automated License Place Recognition System (no cost year 1) $0 Rapid Response Equipment Issued equipment $315 per person X 22 sets for current officers - $6,930 Vehicle equipment cost $1,796.50 per vehicle X 10 vehicles - $17,965. Ammunition Cost for duty ammunition and training - $9900. $34,795 Handheld Electronic Citation system (no cost year 1) $0 Awning $22,721 Total One‐Time Expenditures Year 1: $142,416 Personnel Second SRO $0 Total Personnel $0 TOTAL EXPENDITURES $160,000 ENDING FUND BALANCE $0 Town Council Page 78 of 117 Meeting Date: February 25, 2013 TOWN OF TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT BUDGET FY 2014-15 Proposed FY 2014-15 Budget Detail Crime Control and Prevention District BEGINNING FUND BALANCE $ 0 REVENUES Sales Tax $160,000 Interest/Misc. $0 Total Revenues $160,000 Total Resources $160,000 EXPENDITURES Administrative Fee (Audit) $1,000 Police Department Infrastructure Identify funding source and begin construction Total infrastructure $57,943 One‐Time Expenditures: Sixth patrol vehicle $26,000 Equipment to outfit sixth patrol unit $26,697 Includes AED ($2000) and Rapid Response equipment costs ($1797) Identify and issue duty weapons $14,000 Automated License Place Recognition System $34,360 Handheld Electronic Citation system (no cost year 2) $0 Total one-time expenditures $101,057 Personnel Second SRO $0 Total Personnel $0 TOTAL EXPENDITURES $160,000 ENDING FUND BALANCE $0 RECOMMENDATION It is staff’s recommendation that the Temporary Board of Directors of the Town of Trophy Club Crime Control and Prevention District approve the FY 2013-14 and FY 2014-15 proposed budgets. The proposed budgets will then be submitted to the Town Council for consideration. Town Council Page 79 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-80-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/3/2013 Town Council On agenda:Final action:2/25/2013 Title:Public Hearing to consider a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow an increase to the size of monument signs. The applicant is CS Realty on behalf of Randalls/Tom Thumb. Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission2/21/2013 1 TITLE Public Hearing to consider a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow an increase to the size of monument signs. The applicant is CS Realty on behalf of Randalls/Tom Thumb. EXPLANATION: The Tom Thumb grocery store is adding a fuel station in the Plaza Shopping Center and would like to add approximately two feet (2-ft.) to two monument signs to allow fuel center signage to be added to the monument signs. One monument sign is located along Trophy Lake Drive at the ingress to the shopping center which runs along the north side of the Bank of America building. The other monument sign is located at Highway 114 and Trophy Lake Drive. The PD document is specific regarding the height (6-ft.) of the monument signage at the entrance near the Bank of America building and Tom Thumb requests an amendment to allow an additional 2-ft. of height to the monument sign to allow signage for the fuel center. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval as the fuel center location, buildings, and signage follow the approval and direction given by Council on January 23, 2012, when PD-21 was amended to allow a fuel station. Town Council Page 80 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-65-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/31/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding a request for approval of a Site Plan for a Tom Thumb Fuel Center, Highway 114 and Trophy Lake Drive in the Plaza Shopping Center, Planned Development No. 21. Attachments:Staff Report - TC 022513 - Site Plan.pdf Application.pdf Property Owner Permission for Fuel Station.pdf MUD - Adrian Womack memo.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/7/2013 1 TITLE Consider and take appropriate action regarding a request for approval of a Site Plan for a Tom Thumb Fuel Center, Highway 114 and Trophy Lake Drive in the Plaza Shopping Center, Planned Development No. 21. EXPLANATION: On January 23, 2012, Council approved an amendment to PD-21 to allow a “fuel station, accessory to grocery store or other anchor type use” in Tract 1 of the PD-21 (Plaza) Shopping Center. Randalls/Tom Thumb is requesting site plan approval to add a fuel center to Tract 1 of the Plaza Shopping Center. The fuel center will have four (4) pumps and be able to service two vehicles of each side of the pump, providing service to a total of eight (8) vehicles at any time. The fuel center will have a 714 sq. ft. store. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval as the fuel center location, buildings, and signage follow the approval and direction given by Council on January 23, 2012, when PD-21 was amended to allow a fuel station. Town Council Page 81 of 117 Meeting Date: February 25, 2013 SUBJECT: Consider and take appropriate action to approve a Site Plan for a Tom Thumb Fuel Center, Highway 114 and Trophy Lake Drive in the Plaza Shopping Center, Planned Development No. 21. Applicant: Ron Yeary, CS Realty, on behalf of Tom Thumb APPLICANT: Ron Yeary, CS Realty 6125 Sherry Lane Dallas, TX 75225 OWNER: Trophy Club 12A, LLC 12411 Ventura blvd. Studio City, CA 91604 PROPERTY MANAGEMENT: ACF Property Management, Inc. The property owner (letter attached) has reviewed and approved Tom Thumb’s plans. PROPERTY LOCATION: Highway 114 at Trophy Lake Drive Plaza Shopping Center ZONING: Planned Development No. 21 (PD-21) PD AMENDMENT APPROVED FOR FUEL CENTER: On January 23, 2012, Council approved an amendment to PD-21 to allow a “fuel station, accessory to grocery store or other anchor type use” in Tract 1 of the PD-21 (Plaza) Shopping Center. Randalls/Tom Thumb is requesting site plan approval to add a fuel center to Tract 1 of the Plaza Shopping Center. The fuel center will have four (4) pumps and be able to service two vehicles of each side of the pump, providing TOWN COUNCIL STAFF REPORT February 25, 2013 Site Plan Tom Thumb Fuel Center Town Council Page 82 of 117 Meeting Date: February 25, 2013 service to a total of eight (8) vehicles at any time. The fuel center will have a 714 sq. ft. store. MUNICIPAL UTILITY DISTRICT: A new water line is needed to service the fuel center. The location and type of line has been reviewed and approved by the Municipal Utility District (attached – email Adrian Womack). SITE PLAN Parking: The addition of the fuel center will reduce the number of parking spaces in the shopping center by 37 spaces, leaving 499 parking spaces throughout Tract 1, which is the number required by PD-21. 107,211 sq. ft. building area / 215 = 499 parking stalls required This was discussed and approved by Council on January 23, 2012, Ordinance No. 2012-02, in which Council approved parking at a ratio of one (1) space for each 215 sq. ft. of building area. Hours of Operation: The fuel center is allowed to operate twenty-four (24) hours as approved by Council, Ordinance No. 2012-02, “Hours of operation for the uses set forth herein shall be from 6:00 a.m. to 11:00 p.m. except the Grocery Store, Pharmacy, Fuel Station Accessory to Grocery Store or Other Anchor Type Use, and Fitness/Workout Facility, shall be twenty-four (24) hours.” Area and Building Regulations: The fuel center meets all area and building regulations (maximum building coverage, floor area, number of buildings, impervious area, and building height and depth/width of yards). Landscaping: Seven (7) crepe myrtles are being removed from the site, four (4) of which will be relocated to two (2) new islands on the north side of the fuel center. This revision to the landscape plan is not significant and will not hinder the landscaping for the total site and no mitigation is required. Planning & Zoning Commissioner Lancor made a request that an attempt be made to relocate all seven of the crepe myrtles. The applicant indicated that they will attempt to relocate all seven of the crepe myrtles. Photometrics: One site lighting pole will be removed in order to add the Fuel Center. The lighting pole will not be relocated. The fuel canopy will have sufficient lighting to illuminate the new fuel center area. However, the light fixtures on the underside of the canopy will be recessed and shielded and will not exceed 40-ft. candles anywhere in the fuel center area. This meets the requirements of the PD. Town Council Page 83 of 117 Meeting Date: February 25, 2013 Elevations/Building Materials: The PD specifies that all main and accessory buildings shall be of exterior fire resistant construction having 100% of the total exterior walls, excluding doors, windows and porches, constructed of stone, concrete or other masonry or material of equal characteristics in accordance with the Town’s Building Code and Fire Code. All buildings and structures shall be veneered with stone, texture coated concrete, a dull finish metal type roof, EIFS trim and wood brackets. Sheet XA-202 shows the masonry and materials that will be used for the fuel center. This meets the requirements of the PD. Signage: Tom Thumb is requesting permission to add approximately 2-ft. of height to two monument signs on site. This requires approval of an amendment to PD-21 to allow a large monument sign at the ingress on Trophy Lake Drive. The public hearing will take place at the Thursday, February 21, 2013, P&Z meeting, and the Council will be updated after that meeting takes place. SUMMARY Randalls/Tom Thumb requests approval of a revised Site Plan for the Plaza Shopping Center to include a fuel center. PLANNING AND ZONING COMMISSION: At the February 7, 2013, P&Z meeting, a motion was made by Commissioner Lancor, seconded b y Commissioner Sadley to recommend approval of the revised PD-21 Site Plan to include a Tom Thumb Fuel Center. The motion carried by a vote of 6-1, with Commissioner Sheridan voting against due to the building being a store rather than a pay kiosk only. Attachments: Application Property Owner Approval (ACF Property Management) MUD approval – Adrian Womack email Hardcopy – Site Plan Package, 24x36 (6 pages) and Signage, 11x17 (10 pages) Town Council Page 84 of 117 Meeting Date: February 25, 2013 T o w n C o u n c i l P a g e 8 5 o f 1 1 7 M e e t i n g D a t e : F e b r u a r y 2 5 , 2 0 1 3 Town Council Page 86 of 117 Meeting Date: February 25, 2013 T o w n C o u n c i l P a g e 8 7 o f 1 1 7 M e e t i n g D a t e : F e b r u a r y 2 5 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-81-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/3/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow two monument signs to increase in size. The applicant is CS Realty on behalf of Randalls/Tom Thumb. (PD-AMD-13-039) Attachments:Staff Report - TC 022513 - Site Plan.pdf Property Owners - 200 ft.pdf 022113 Property Owner Notification Change to PD.pdf Property Owner - 2 Shasta Dr.pdf ORD 2013-05 PZ Fuel Station Monument Signage - PD 21.pdf Action ByDate Action ResultVer. Planning & Zoning Commission2/21/2013 1 TITLE Consider and take appropriate action regarding a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow two monument signs to increase in size. The applicant is CS Realty on behalf of Randalls/Tom Thumb. (PD-AMD-13-039) EXPLANATION: The Tom Thumb grocery store is adding a fuel station in the Plaza Shopping Center and would like to add approximately two feet (2-ft.) to two monument signs to allow fuel center signage to be added to the monument signs. One monument sign is located along Trophy Lake Drive at the ingress to the shopping center which runs along the north side of the Bank of America building. The other monument sign is located at Highway 114 and Trophy Lake Drive. The PD document is specific regarding the height (6-ft.) of the monument signage at the entrance near the Bank of America building and Tom Thumb requests an amendment to allow an additional 2-ft. of height to the monument sign to allow signage for the fuel center. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval as the fuel center location, buildings, and signage follow the approval and direction given by Council on January 23, 2012, when PD-21 was amended to allow a fuel station. Town Council Page 88 of 117 Meeting Date: February 25, 2013 Trophy Club Country Club 500 Trophy Club Dr Trophy Club, TX 76262 RE: 800 Trophy Club Dr The Church at Trophy Lakes c/o Jimmy McCloud 9 Shasta Dr Trophy Club, TX 76262 RE: 700 Trophy Club Dr Beck Properties Trophy Club LP 6211 Raintree Ct Dallas, TX 75254-8602 Sylvia R Simpson 7 Village Trl Trophy Club, TX 76262 Clint Klease & Tara Thacker 5 Village Trl Trophy Club, TX 76262 Royce E Jones 3 Village Trl Trophy Club, TX 76262 RE: 1 Village Trl Larry D Smith 1124 Sunset Dr Trophy Club, TX 76262 RE: 1 Paint Rock Ct BV Properties LLC 304 E Franklin St Grapevine, TX 76051-5420 John E Doshier 3 Paint Rock Ct Trophy Club, TX 76262 Jeannette L Roman 5 Paint Rock Ct Trophy Club, TX 76262 Justin K & Sarah N Whitfield 2 Paint Rock Ct Trophy Club, TX 76262 Rosa M Slover-roa 4 Paint Rock Ct Trophy Club, TX 76262 Herbert D Marguerite Bennett 6 Paint Rock Ct Trophy Club, TX 76262 Michael & Pamela Rhame 1 Round Rock Ct Trophy Club, TX 76262 RE: 3 Round Rock Ct Kari Lyn Smith 8240 Mid Cities Blvd North Richland Hills, TX 76180-4711 Mark A Palmer 5 Round Rock Ct Trophy Club, TX 76262 Aaron Matthew & Kalli Jackson 2 Round Rock Ct Trophy Club, TX 76262 Katherine A Wilkinson 4 Round Rock Ct Trophy Club, TX 76262 Guynaell Wigley & Christopher Pierce 6 Round Rock Ct Trophy Club, TX 76262 Daniel A Reckmeyer 5 Timberline Ct Trophy Club, TX 76262 RE: 2 Shasta Dr Maxine I Lewis 414 N Central Ave Richland Ctr, WI 53581-1803 Donna D Wesley 1 Shasta Dr Trophy Club, TX 76262 Donald L Werkstell 7 Meadow Creek Ct Trophy Club, TX 76262 John R Grunthaner 8 Meadow Creek Ct Trophy Club, TX 76262 RE: 905 & 915 Trophy Club Dr Trophy Club Equities LLC 3 Village Trail #123 Westlake, TX 76262-7940 RE: 353 Trophy Lake Dr I & L Dev CO 3141 Hood St Ste 700 Dallas, TX 75219-5022 RE: 541 Trophy Lake Dr Larry P & Laurie Anne Scott, LLC Attn: Real Estate Tax Dept PO Box 1159 Deerfield, IL 60015-6002 Texas Department of Transportation Right of Way Division 4777 US Highway 80 E Mesquite, TX 75150-6642 Town Council Page 89 of 117 Meeting Date: February 25, 2013 Q:\P&Z\PD-21 TROPHY CLUB PLAZA\TOM THUMB\2013 - AMENDMENT TO PD-21 SIGNAGE FOR FUEL CENTER\022113 Property Owner Notification Change to PD.doc NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, February 21, 2013 Town Council - Monday, February 25, 2013 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 Change to Planned Development No. 21 (PD-21) Development Standards Tom Thumb has submitted a Site Plan for approval to construct a fuel station in the Plaza Shopping Center. As part of the fuel station plan, Tom Thumb is requesting to be allowed to add approximately two (2) ft. to the monument signs located in the shopping center. There are four signs in the shopping center. One is located along Highway 114 (photo attached). The other three monument signs are located at the driveway entrances/exits along Trophy Lake Drive. This request will be heard by the Planning and Zoning Commission on Thursday, February 21, 2013, at 7 p.m. in the Svore Boardroom located at Town Hall, 100 Municipal Drive. This request will also be heard by the Town Council on Monday, February 25, 2013. All Property owners within 200-ft. of the Plaza Shopping Center receive written notification of this request. All interested property owners are encouraged to attend the hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Telephone: 682-831-4681 Attn: Carolyn Huggins Community Development 100 Municipal Drive Trophy Club, TX 76262 email: chuggins@ci.trophyclub.tx.us Town Council Page 90 of 117 Meeting Date: February 25, 2013 B C E TOM THUMB 2 3 3 4 PROPOSED PLANT RELOCATION/ REPLACEMENT RE: LANDSCAPE PLAN PROPOSED WATER & AIR STATION SEE SHEET XA106.1-ENLARGED SITE PLAN FUEL CANOPY ABOVE FUEL KIOSK PROPOSED ACCESSIBLE STRIPED ROUTE TO KIOSK FU E L C E N T E R 10 / 0 8 / 1 2 GRAPHIC SCALE ( IN FEET ) VICINITY MAP PARKING RATIOS STALLS REQUIRED: COMPACT STALLS NOT ALLOWED PER CODE MAX COMPACT STALLS ALLOWED (10%): MINIMUM STALLS REQUIRED (1/200): DEFICIENCY STALLS (594 - 611 =): ACCESSIBLE STALLS REQUIRED: ACCESSIBLE STALLS PROVIDED: TOTAL STALLS PROVIDED: (122,262/ 200 =611) -15 611 13 20 596 PARKING DATA STALLS PROVIDED: COMPACT STALLS PROVIDED: STANDARD STALLS PROVIDED: (122,262 / 596 =205.1) 205.8 S.F. PER 1 STALL: 4.88 PARKING STALLS PER 1,000 SF: (594 / 122,262 = .00488) 0 576 SITE COVERAGE: TOTAL BUILDING AREA: (122,262 / 608,664= .2008) RETAIL D: SITE AREA: RETAIL C: RETAIL B: STORE: 13.97 AC./608,664 S.F. 122,262 G.S.F. 20.08% 12,800 G.S.F. 63,654 G.S.F. 30,039 G.S.F. SITE DATA 10,908 G.S.F. RETAIL E:4,143 G.S.F. FUEL :718 G.S.F. 1 PROPOSED SITE PLAN 1" =40'-0" Town Council Page 91 of 117 Meeting Date: February 25, 2013 © 2012 State Sign Corp. 4' - 1 1 " 12 " 12 " 8 " 9'-0" 12'-0" 5'-4" top of sign 0'-0" grade 7'-7" top of sign O.A.H. 1'-6" 3' - 9 " 3' - 4 " 12 " 12 " 8 " 9'-0" 12'-0" 3'-9" top of sign 0'-0" grade 6'-0" top of sign O.A.H. 1'-6" 2' - 2 " Existing 18" x 77 ½" tenant V.O. Existing stone Add'l stone to be compted by other Proposed • Scale: 3/8" = 1'-0" Tom Thumb #1789 101 Trophy Lake DR Trophy Club, TX 76262 Permit (x2) Shop File Art Dept Vinyl Routing Plex/Flex Channel Ltr Neon Paint Dept Steel Install File Installation Purchasing Cabinets 01/09/13 Danny Zoch n/a 12.24105n/aThis drawing is the property of State Sign Corp. and all rights to its use for reproduction are reserved by State Sign Corp. State Sign Corporation does NOT provide primary electrical to the sign location. RESPONSIBILITY OF OTHERS! Signs will be wired for 120 volt unless otherwise noted. Job Location Street City, State Revised: Sales Rep: Date: Drawing No.Work Order WO Date: File: Designer: www.statesign.com 7630 Hansen Houston, TX 77061 713.943.1832 713.943.9771 [fax] Orange, TX 77630 P.O. Box 190 409.735.5553 409.735.9124 [fax] Corporate Office Branch Office 09/21/12 This sign is intended to be installed in accordance with the requirements of article 600 of the National Electric Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. • If the sign shown has blank faces, This sign is intended to have advertising applied to the faces using 3M vinyl. TSCL 18028 / MS7321 • Regulated by The Texas Dept. of Licensing & Regulation, PO Box 12157, Austin, TX 78711 800.803.9202 • www.license.state.tx.us/complaints s:\...\101 trophy Lake Dr [fuel] 5.cdrTown Council Page 92 of 117 Meeting Date: February 25, 2013 © 2012 State Sign Corp. Existing • Scale: 3/16" = 1'-0"Proposed • Scale: 3/16" = 1'-0" 29'-3" top of sign 0'-0" grade 32'-9" top of sign O.A.H. 9' - 8 " 20 " 12 ' - 4 " 20 ' - 1 " 12" 8" 10'-0" 12'-0" 9' - 8 " 20 " 12 ' - 4 " 21 - 1 1 " 8" 12" 10'-0" 12'-0" 1' - 1 0 " 31'-2" top of sign 0'-0" grade 34'-7" top of sign O.A.H. Tom Thumb #1789 101 Trophy Lake DR Trophy Club, TX 76262 Permit (x2) Shop File Art Dept Vinyl Routing Plex/Flex Channel Ltr Neon Paint Dept Steel Install File Installation Purchasing Cabinets 01/09/13 Danny Zoch n/a 12.24105n/aThis drawing is the property of State Sign Corp. and all rights to its use for reproduction are reserved by State Sign Corp. State Sign Corporation does NOT provide primary electrical to the sign location. RESPONSIBILITY OF OTHERS! Signs will be wired for 120 volt unless otherwise noted. Job Location Street City, State Revised: Sales Rep: Date: Drawing No.Work Order WO Date: File: Designer: www.statesign.com 7630 Hansen Houston, TX 77061 713.943.1832 713.943.9771 [fax] Orange, TX 77630 P.O. Box 190 409.735.5553 409.735.9124 [fax] Corporate Office Branch Office 09/21/12 This sign is intended to be installed in accordance with the requirements of article 600 of the National Electric Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. • If the sign shown has blank faces, This sign is intended to have advertising applied to the faces using 3M vinyl. TSCL 18028 / MS7321 • Regulated by The Texas Dept. of Licensing & Regulation, PO Box 12157, Austin, TX 78711 800.803.9202 • www.license.state.tx.us/complaints s:\...\101 trophy Lake Dr [fuel] 5.cdrTown Council Page 93 of 117 Meeting Date: February 25, 2013 T o w n C o u n c i l P a g e 9 4 o f 1 1 7 M e e t i n g D a t e : F e b r u a r y 2 5 , 2 0 1 3 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-05 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2012-02 P&Z, AMENDING ORDINANCE NO. 2011-27 P&Z, AMENDING ORDINANCE NO. 2010-20 P&Z, AMENDING ORDINANCE NO. 2000-14 P&Z, AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT NO. 21, WHICH AMENDED THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING FOR AN AMENDMENT TO EXHIBIT “C”, “DEVELOPMENT STANDARDS”, SECTION 7 ENTITLED “SIGNS’, SUBSECTION “A.” ENTITLED “MONUMENT SIGNS” TO ALLOW MONUMENT SIGNAGE 8-FT. IN HEIGHT, TO ADD A NEW SUBSECTION TO SECTION 7 TO ALLOW LED SIGNAGE AND TO RENUMBER THE REMAINING SUBSECTIONS OF SECTION 7; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that certain tract of land (the “Land”), described as a 13.97 acre tract of land as PD Planned Development No. 21 (PD-21) for Professional, Business and Retail uses, said tract generally known as the Trophy Club Plaza; and WHEREAS, on or about July 18, 2000, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2000-14 which allowed the addition of a laundry and dry cleaning facility to the approved uses in PD-21; and WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of propane at the Walgreen Co. store; and WHEREAS, on or about July 18, 2011, Ordinance No. 99-17 P&Z was amended by the passage of Ordinance No. 2011-27 P&Z which allowed a liquor store as a permitted use on Tract 1; and Town Council Page 95 of 117 Meeting Date: February 25, 2013 WHEREAS, on or about December 13, 2011, Ordinance No. 99-17 was amended by the passage of Ordinance No. 2012-02 P&Z which allowed a 24-hour fuel station as an accessory use to a grocery store or other anchor type use, which allowed the number of buildings to increase from 5 to 6 on the site, and which allowed parking at one space for each 215 sq. ft. of building area; and WHEREAS, on or about November 13, 2012, CS Realty, on behalf of Randalls/Tom Thumb, and with the permission of the owner of the Land, ACF Property Management, Inc., on behalf of the owners, Trophy Club 12A, LLC, filed an application with the Town Planning and Zoning Commission requesting an amendment to PD-21 to allow monument signage along Trophy Lake Drive to be a maximum of eight feet (8-ft.) in height; and WHEREAS, all legal notices, requirements and conditions having been complied with, the proposed amendment to PD-21 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendment to PD Planned Development #21 as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending PD Planned Development #21 as set forth specifically below is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 An amendment to Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's PD Planned Development No. 21, Exhibit “C” entitled “Development Standards”, Section 7 entitled “Signs”, Subsection “a” entitled “MONUMENT SIGNS” to allow monument signage to a maximum of eight (8) Town Council Page 96 of 117 Meeting Date: February 25, 2013 feet in height, for Tract 1 of PD-21, so that Subsection 7.a. “MONUMENT SIGNS” of Exhibit “C” “Development Standards” shall be and read as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: 7. Signs: … “a. Monument signs – Four (4) Monument type signs located within landscaped area as shown on the PD Site Plan. Three of the signs located at the entrances/exits of Trophy Lake Drive to be a maximum of eight (8) feet in height, above finish grade of the adjacent concrete curb within the highway right-of-way, and twelve (12) feet in length. The monument sign along Highway 114 will be taller than 6’ above the adjacent grade to get the sign 6’ above Highway 114 street grade.” 2.02 An amendment to Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously amended, the same being the Town's Planned Development No. 21, Exhibit “C” entitled “Development Standards”, to adopt a new Subsection (b) entitled “LED Signage” of Section 7 entitled “Signs” which shall be and read as set forth below, and to renumber the existing Subsection “b” entitled “Building Signage” and the remainder of the Subsections of Section 7, which are not amended but are hereby ratified and affirmed: 7. Signs: … “b. LED Signage – Allowed for Tom Thumb fuel signage. No other LED signage is allowed in the Plaza Shopping Center without approval of the Town Council upon recommendation by the Planning and Zoning Commission. c. Building Signage - ……” SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. Town Council Page 97 of 117 Meeting Date: February 25, 2013 SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting land and zoning and specifically PD Planned Development #21, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. Town Council Page 98 of 117 Meeting Date: February 25, 2013 SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 25th day of February, 2013. 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 99 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-131-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Brief to Council regarding condition of Police Department Building; consider and take appropriate action regarding remediation and future plans for housing Police. Attachments: Action ByDate Action ResultVer. TITLE Brief to Council regarding condition of Police Department Building; consider and take appropriate action regarding remediation and future plans for housing Police. Town Council Page 100 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-130-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Submission of the Crime Control and Prevention District adopted two-year Budget Plan to the Town Council; consider and take appropriate action regarding the CCPD approved two-year Budget Plan and approved two-year Crime Control Plan. Attachments: Action ByDate Action ResultVer. TITLE Submission of the Crime Control and Prevention District adopted two-year Budget Plan to the Town Council; consider and take appropriate action regarding the CCPD approved two-year Budget Plan and approved two-year Crime Control Plan. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Town Council Page 101 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-129-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding the May 11, 2013 General Election and Special Elections: A. Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. B. Town Secretary certification of sufficiency for Citizen Petition for a Proposed Charter Amendment for the creation of a Ways and Means Committee; Council to consider and provide direction regarding items on the May 2013 ballot and election ordinance. C. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a General Election to be held on May 11, 2013 for the purpose of electing one (1) Council Member to Place #5 for a three year term; and ordering and calling a Special Election to be held on May 11, 2013 for the purpose of submitting to the voters a proposition for the termination/dissolution of the Trophy Club 4A Economic Development Corporation and the associated one-fourth of one percent sales and use tax; for the purpose of placing on the Town's ballot a proposition for the creation of the Trophy Club Crime Control and Prevention District and the adoption of a local sales and use tax at a rate of one-fourth of one percent; and for the purpose of submitting to the voters various proposed amendments to the Town's Home Rule Charter; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Considerar y tomar la acción apropiada con respecto a la Elección General y la Elección Especial del 11 de mayo de 2013: A. Considerar y tomar la acción apropiada con respecto a la enmienda propuesta a la Carta Constitucional para agregar un Miembro del Concilio. B. La certificación de la Secretaria del Poblado de suficiencia para la Petición Ciudadana de una Enmienda Propuesta a la Carta Constitucional para la creación de una Comisión Presupuestaria de Recursos Financieros (Ways and Means Committee); para que el Concilio considere y proporcionar directrices con respecto a los asuntos en la balota de mayo de 2013 y en la ordenanza de la elección. C. Considerar y tomar la acción apropiada con respecto a la aprobación de una Ordenanza en la que se ordena y se llama a una Elección General para que sea llevada a cabo el 11 de mayo de 2013, con el propósito de elegir un (1) Miembro del Concilio para el Puesto #5 por un periodo de tres años y, ordenando y llamando a una Elección Especial para que sea llevada a cabo el 11 de mayo de 2013, con el propósito de presentar a los votantes una proposición para la terminación/disolución de la Corporación de Desarrollo Económico 4A (4A Economic Development Corporation) de Trophy Club y del correspondiente impuesto sobre ventas y uso de un cuarto de uno por ciento; con el propósito de poner en la balota del Poblado, una proposición para la creación del Distrito para el Control y Prevención del Crimen de Trophy Club y, la adopción de un impuesto local sobre ventas y uso a una tasa de un cuarto de uno por ciento y; con el propósito de presentar a los votantes varias enmiendas propuestas a la Carta Constitucional Autónoma del Poblado, estipulando sobre el escrutinio de los votos; estipulando una elección de segunda vuelta si fuera necesario; adoptando disposiciones relacionadas con la publicación y otros asuntos necesarios para conducir la elección y; disponiendo una fecha para que entre en vigor. Attachments: Town Council Page 102 of 117 Meeting Date: February 25, 2013 Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the May 11, 2013 General Election and Special Elections: A. Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. B. Town Secretary certification of sufficiency for Citizen Petition for a Proposed Charter Amendment for the creation of a Ways and Means Committee; Council to consider and provide direction regarding items on the May 2013 ballot and election ordinance. C. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a General Election to be held on May 11, 2013 for the purpose of electing one (1) Council Member to Place #5 for a three year term; and ordering and calling a Special Election to be held on May 11, 2013 for the purpose of submitting to the voters a proposition for the termination/dissolution of the Trophy Club 4A Economic Development Corporation and the associated one-fourth of one percent sales and use tax; for the purpose of placing on the Town's ballot a proposition for the creation of the Trophy Club Crime Control and Prevention District and the adoption of a local sales and use tax at a rate of one- fourth of one percent; and for the purpose of submitting to the voters various proposed amendments to the Town's Home Rule Charter; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Considerar y tomar la acción apropiada con respecto a la Elección General y la Elección Especial del 11 de mayo de 2013: A. Considerar y tomar la acción apropiada con respecto a la enmienda propuesta a la Carta Constitucional para agregar un Miembro del Concilio. B. La certificación de la Secretaria del Poblado de suficiencia para la Petición Ciudadana de una Enmienda Propuesta a la Carta Constitucional para la creación de una Comisión Presupuestaria de Recursos Financieros (Ways and Means Committee); para que el Concilio considere y proporcionar directrices con respecto a los asuntos en la balota de mayo de 2013 y en la ordenanza de la elección. C. Considerar y tomar la acción apropiada con respecto a la aprobación de una Ordenanza en la que se ordena y se llama a una Elección General para que sea llevada a cabo el 11 de mayo de 2013, con el propósito de elegir un (1) Miembro del Concilio para el Puesto #5 por un periodo de tres años y, ordenando y llamando a una Elección Especial para que sea llevada a cabo el 11 de mayo de 2013, con el propósito de presentar a los votantes una proposición para la terminación/disolución de la Corporación de Desarrollo Económico 4A (4A Economic Development Corporation) de Trophy Club y del correspondiente impuesto sobre ventas y uso de un cuarto de uno por ciento; con el propósito de poner en la balota del Poblado, una proposición para la creación del Distrito para el Control y Prevención del Crimen de Trophy Club y, la adopción de un impuesto local sobre ventas y uso a una tasa de un cuarto de uno por ciento y; con el propósito de presentar a los votantes varias enmiendas propuestas a la Carta Constitucional Autónoma del Poblado, estipulando sobre el escrutinio de los votos; estipulando una elección de segunda vuelta si fuera necesario; adoptando disposiciones relacionadas con la publicación y otros asuntos necesarios para conducir la elección y; disponiendo una fecha para que entre en vigor. File #: 2013-129-T, Version: 1 Town Council Page 103 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-122-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding financial and variance report dated January 2013. Attachments:January Financials.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated January 2013. Town Council Page 104 of 117 Meeting Date: February 25, 2013 2/21/2013 11:56:26 AM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2012-2013 Period Ending: 01/31/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategory Current Total Budget Original Total Budget Percent Used Fund: 01 - GENERAL FUND Revenue 40 - Taxes 3,797,706.091,191,776.084,769,706.00 4,769,706.00 -971,999.91 -79.62 % 41 - Licenses & Permits 264,630.3977,903.051,545,839.00 1,545,839.00 -1,281,208.61 -17.12 % 42 - Intergovernmental 24,162.712,197.02163,643.00 163,643.00 -139,480.29 -14.77 % 43 - Fines & Fees 56,627.5012,488.24497,335.00 497,335.00 -440,707.50 -11.39 % 44 - Charges for Services 84,412.5712,277.42213,736.00 213,736.00 -129,323.43 -39.49 % 45 - Rents 13,061.443,217.8259,500.00 59,500.00 -46,438.56 -21.95 % 46 - Contributions and Donations 500.000.000.00 0.00 500.00 0.00 % 47 - Investment Income 981.850.004,000.00 4,000.00 -3,018.15 -24.55 % 48 - Sales -0.110.005,000.00 5,000.00 -5,000.11 0.00 % 49 - Other Financing Sources 3,075.000.0012,300.00 12,300.00 -9,225.00 -25.00 % 51 - Miscellaneous 8,514.856,337.3033,000.00 33,000.00 -24,485.15 -25.80 % 4,253,672.291,306,196.937,304,059.00 7,304,059.00 -3,050,386.71Total Revenue:-58.24 % 4,253,672.291,306,196.937,304,059.00 7,304,059.00 -3,050,386.71Total Fund: 01 - GENERAL FUND:-58.24 % Report Total:1,306,196.93 4,253,672.297,304,059.00 7,304,059.00 -3,050,386.71 -58.24 % Town Council Page 105 of 117 Meeting Date: February 25, 2013 2/21/2013 11:56:57 AM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2012-2013 Period Ending: 01/31/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityDepartment Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND Expense 140 - Manager's Office 187,506.3945,277.97691,823.00 691,823.00 504,316.61 72.90 % 160 - Legal 46,519.6611,784.24168,638.00 168,638.00 122,118.34 72.41 % 251 - Police 547,911.37134,677.271,811,015.00 1,825,021.00 1,277,109.63 69.98 % 255 - EMS 243,424.9652,171.24810,620.00 882,633.00 639,208.04 72.42 % 360 - Streets 255,378.4248,539.90788,409.00 842,415.00 587,036.58 69.68 % 400 - Parks 274,398.1057,202.61936,634.00 998,115.00 723,716.90 72.51 % 450 - Recreation 89,754.0416,417.51561,851.00 576,851.00 487,096.96 84.44 % 460 - Community Events 16,213.0754.4949,700.00 49,700.00 33,486.93 67.38 % 521 - Planning and Zoning 53,823.9721,138.21164,620.00 164,620.00 110,796.03 67.30 % 522 - Community Development 98,596.8923,518.81333,028.00 337,030.00 238,433.11 70.75 % 611 - Finance 120,266.4625,307.07368,303.00 368,303.00 248,036.54 67.35 % 615 - Municipal Court 24,148.085,902.5583,946.00 83,946.00 59,797.92 71.23 % 630 - Human Resources 33,929.548,371.71113,906.00 113,906.00 79,976.46 70.21 % 640 - Information Services 127,420.4017,434.49348,141.00 348,141.00 220,720.60 63.40 % 710 - Facilities Management 50,726.971,915.0372,961.00 72,961.00 22,234.03 30.47 % 2,170,018.32469,713.107,303,595.00 7,524,103.00 5,354,084.68Total Expense:71.16 % 2,170,018.32469,713.107,303,595.00 7,524,103.00 5,354,084.68Total Fund: 01 - GENERAL FUND:71.16 % Report Total:469,713.10 2,170,018.327,303,595.00 7,524,103.00 5,354,084.68 71.16 % Town Council Page 106 of 117 Meeting Date: February 25, 2013 My Budget Report For Fiscal: 2012-2013 Period Ending: 01/31/2013 2/20/2013 4:45:52 PM Page 3 of 4 Group Summary Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategory Current Total Budget Original Total Budget Percent Remaining Fund: 09 - TROPHY CLUB PARK Revenue 43 - Fines & Fees 38,043.4610,444.80125,000.00 125,000.00 -86,956.54 -69.57 % 38,043.4610,444.80125,000.00 125,000.00 -86,956.54Total Revenue:-69.57 % Expense 50 - Personnel Services 14,193.893,906.8257,332.00 57,332.00 43,138.11 75.24 % 60 - Purchased Services 12,316.492,056.9041,736.00 41,736.00 29,419.51 70.49 % 70 - Supplies 4,109.16200.178,400.00 8,400.00 4,290.84 51.08 % 80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 % 99 - Other Financing Uses 0.000.0012,300.00 12,300.00 12,300.00 100.00 % 30,619.546,163.89124,968.00 124,968.00 94,348.46Total Expense:75.50 % 7,423.924,280.9132.00 32.00 7,391.92Total Fund: 09 - TROPHY CLUB PARK: Report Total:4,280.91 7,423.9232.00 32.00 7,391.92 Town Council Page 107 of 117 Meeting Date: February 25, 2013 GENERAL FUND January 2013 4/12 Months (33% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax – As shown below, the Town’s total current sales tax collections exceeds the prior year’s sales tax collections by $ 21,255 (5.87%). Year to Date Sales Tax Collections Increase (Decrease) FY 2012 FY 2013 Total $ 361,871 $ 383,126 $ 21,255 Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), EDC 4A (25%) and 4B (12.5%), and the street maintenance fund (12.5%). Current year sales tax collections have exceeded prior year collections in all months except October. (Additional Note: January collections are for November sales.) $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 Sales Tax Collections FY 2012 FY 2013 Town Council Page 108 of 117 Meeting Date: February 25, 2013 Licenses & Permits – Building Permit revenue in January totaled $46,964.22. Intergovernmental – Represents amounts to be received from the Municipal Utility District and EDC 4B. Fines and Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. No Developer Fees have been received as of 01/31/2013. Much of the revenue for items in this category are associated with recreation activities and will be collected during the summer months. Charges for Services – Received PID payment for administrative services provided in prior fiscal years. EXPENDITURES Information Services – Incode support paid annually (Software and Support); purchased two scanners for Tyler content manager (Hardware). Facilities Management – The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 62.8% of the department’s budget). Finance – Temporary help with Bank Reconciliation. Town Council Page 109 of 117 Meeting Date: February 25, 2013 TROPHY CLUB PARK FUND January 2013 4/12 Months (33% of Fiscal Year) REVENUES Park Revenue – Use of park is seasonal. EXPENDITURES Supplies – Purchased additional maintenance equipment. Town Council Page 110 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-123-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Town Council Liaison Updates; discussion of same: - February 12, 2013 Parks & Recreation Board; Council member Schroeder Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - February 12, 2013 Parks & Recreation Board; Council member Schroeder Town Council Page 111 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-124-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Town Manager Slye's update regarding the following; discussion of same. - February 6, 2013 Neighborhood Meeting - Denton County Day - Joint Meeting with TCMUD1 scheduled for March 5, 2013 - Economic Development Corporation 4A - Audit Committee Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of same. - February 6, 2013 Neighborhood Meeting - Denton County Day - Joint Meeting with TCMUD1 scheduled for March 5, 2013 - Economic Development Corporation 4A - Audit Committee Town Council Page 112 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-125-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - February 5, 2013 Chamber Monthly Luncheon - February 13, 2013 Northwest Communities Partnership Board Meeting - February 15, 2013 North Tarrant Transportation Summit - February 21, 2013 Metroport Cities Partnership Meeting - February 21, 2013 Emergency Preparedness Planning Council Meeting - February 21, 2013 TML Region VIII Quarterly Meeting Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - February 5, 2013 Chamber Monthly Luncheon - February 13, 2013 Northwest Communities Partnership Board Meeting - February 15, 2013 North Tarrant Transportation Summit - February 21, 2013 Metroport Cities Partnership Meeting - February 21, 2013 Emergency Preparedness Planning Council Meeting - February 21, 2013 TML Region VIII Quarterly Meeting Town Council Page 113 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-126-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 114 of 117 Meeting Date: February 25, 2013 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. 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 the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 13. Consider and take appropriate action regarding input from Staff regarding the creation of a ‘PID Board’ (Mayer, 9/24/2012) 14. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013) Town Council Page 115 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-127-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:A. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Secretary Employment Agreement with Ms. Amy Piukana B. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Council will enter into executive session for Consultation with the Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)): (1) PID Infrastructure, PID Subcommittee and negotiation with MUD1 for water and wastewater operations, CCN, and related matters. Attachments: Action ByDate Action ResultVer. TITLE A. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Secretary Employment Agreement with Ms. Amy Piukana B. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Council will enter into executive session for Consultation with the Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)): (1) PID Infrastructure, PID Subcommittee and negotiation with MUD1 for water and wastewater operations, CCN, and related matters. Town Council Page 116 of 117 Meeting Date: February 25, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-128-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/20/2013 Town Council On agenda:Final action:2/25/2013 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Executive Session. Town Council Page 117 of 117 Meeting Date: February 25, 2013