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Agenda Packet TC 02/04/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, February 4, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2013-50-T Council to discuss and provide input to suggested changes to the Park Ordinance. PARKS AND RECREATION ORDINANCE 020413.pdf Spill light observation July 2 2012.pdf Spill light observation September 4 2012.pdf Attachments: 2.2013-51-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 4, 2013. 3.2013-52-T Discussion of proposed agenda items for the February 25, 2013 Regular Session Agenda. February 25, 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 96 Meeting Date: February 4, 2013 February 4, 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. 4.2013-53-T Consider and take appropriate action regarding the Minutes dated January 21, 2013. January 21, 2013 Minutes.pdfAttachments: 5.2013-54-T 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. ORD 2013-04 Amending Public Safety Parking - Parkview.pdfAttachments: 6.2012-665-T 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. 2013 Staff Report - TC - Garage Sale Request.pdf 2013 TCWC Garage Sales Events - Special Event Application.pdf 2013 - Public Safety Approval.pdf Attachments: REGULAR SESSION 7.2013-11-T 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). Staff Report - TC 020413.pdf Application.pdf Attachments: 8.2013-27-T Consider and take appropriate action regarding a Site Plan for Lakeview Elementary School, 100 Village Trail. Applicant: RLK Engineering on behalf of Northwest ISD. Staff Report - TC 020413 - Lakeview Elementary Site Plan.pdf Town Engineer - Final Approval - Lakeview Elem School.pdf Application.pdf Attachments: 9.2012-636-T 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). Staff Report - TC 020413 - Prel Plat.pdf Application - Prel Plat.pdf Preliminary Plat Requirements.pdf Attachments: Town Council Page 2 of 96 Meeting Date: February 4, 2013 February 4, 2013Town Council Meeting Agenda 10.2012-637-T 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). Staff Report - TC 020413 - Final Plat.pdf Application - Final Plat.pdf Attachments: 11.2013-26-T Consider and take appropriate action regarding a Site Plan for the Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects. Staff Report - TC 020413 - Site Plan.pdf Homeowners - Email - Masonry Wall.pdf Application.pdf Attachments: 12.2013-56-T 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. 13.2013-55-T 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. Denton Joint Contract May 2013.pdfAttachments: 14.2013-62-T Consider and take appropriate action appointing two Council members to serve on the Audit Subcommittee. 15.2013-63-T Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. CM Proposed Amendment - Add One Councilmember Redline 013013.pdf Population vs Representation.pdf Attachments: 16.2013-57-T Town Manager Slye's update regarding the following; discussion of same. - Community Development - Transportation - Council Retreat - Audit - CCPD 17.2013-58-T 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 18.2013-59-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: EXECUTIVE SESSION Town Council Page 3 of 96 Meeting Date: February 4, 2013 February 4, 2013Town Council Meeting Agenda 19.2013-60-T 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 RECONVENE INTO REGULAR SESSION 20.2013-61-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 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, January 31, 2013 by 5:00 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 4 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-50-T Name: Status:Type:Agenda Item Workshop File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Council to discuss and provide input to suggested changes to the Park Ordinance. Attachments:PARKS AND RECREATION ORDINANCE 020413.pdf Spill light observation July 2 2012.pdf Spill light observation September 4 2012.pdf Action ByDate Action ResultVer. TITLE Council to discuss and provide input to suggested changes to the Park Ordinance. EXPLANATION: Staff has received input from the Park Board concerning the Park Ordinance at its last meeting. Staff is now seeking input concerning those suggestions and any additions or deletions to the document. The document creates and establishes rules for the following general categories: a. general prohibitions b. vehicular guidelines within parks c. establishes hours of operation for all parks TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active life style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The Town needs implement a more comprehensive Park Ordinance to regulate park operational hours and create certain restrictions in order to assure that the park system continues to operate optimally for all residents. Town Council Page 5 of 96 Meeting Date: February 4, 2013 PARKS AND RECREATION ORDINANCE Sec. 1-10-1. – Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with context, words used in the present tense include the future and words in the plural number include the singular, and words in the singular include the plural. The word “shall” is always mandatory and not merely directory. Baseball Facility(ies) shall mean all structures or grounds within Independence East and Independence West that are utilized for baseball or T-ball activities. Director shall mean the Director of Parks and Recreation for the Town of Trophy Club or his designee. Park Property shall mean a park, playground, athletic facility or any other area in the Town owned or used by the Town, and devoted to active or passive recreation, including all creeks, ponds and lakes maintained by the Town. Special Event Permit shall mean a permit issued by the Town of Trophy Club pursuant to the Town’s Special Event Ordinance. Sec. 1-10-2. – Park Property Generally – Prohibited Acts. Within the limits of any Park Property located within the corporate limits of the Town, it shall be unlawful for a person or persons to engage in any of the acts set forth in this section or to engage any in conduct specifically prohibited by another section of this Ordinance. The following acts are prohibited on all Park Property. Except as otherwise provided, it shall be unlawful: Town Council Page 6 of 96 Meeting Date: February 4, 2013 A. To ride, hitch, fasten, lead, drive, or let loose any animal, provided that this prohibition shall not apply to dogs when led by a chain, cord, or leash or to dogs utilizing the fenced area of Freedom Dog Park. B. To carry or discharge any firearm, fireworks, air guns, paintball guns, BB guns, slingshots, any manner of propelled weaponry, knives or other similar lethal instruments. C. To use or operate any model, helicopter, plane, boat or rocket except in areas specifically designated for such purposes by the Director of Parks and Recreation. D. To use or operate any motorboat, boat, kayak, canoe or watercraft on the waters of any lake, pond, or stream except in areas specifically designated for such purposes by the Director. E. To damage, cut, break, injure, deface, disturb, mark, write upon, paint, or disturb any tree, shrub, plant, rock, building, monument, fence, bench, or other structure. F. To plant or place any tree, shrub, plant, rock, building, monument, fence, bench or other structure except in areas specifically designated for such purposes by the Director. G. To swim, bathe, wade in or pollute the water of any pond, lake, or stream. H. To make or kindle a fire, except in Town-installed Bar-B-Q pits or in areas specifically designated for such purposes by the. I. To discharge any noxious liquid, grey water, or solids on or into any grounds, ponds, fountains, lakes, or streams. J. To leave litter, garbage, cans, bottles, or other refuse elsewhere than in refuse containers provided for such purpose. K. To participate or engage in any activity when such activity will create a danger to the public or may be considered a public nuisance or hazard to public safety and welfare. L. To disrupt in any manner any picnic, meeting, service, concert, exercise, or exhibition. M. To distribute, post, place, or erect any device or document, including without limitation, handbills, signs, circulars, notices, papers, or other Town Council Page 7 of 96 Meeting Date: February 4, 2013 items displaying a commercial advertisement or otherwise offering goods or services for sale without written permission from the Director, or as otherwise allowed by Town ordinance or state law. N. To fail or refuse to remove and properly dispose of solid animal waste of pets or other animals brought onto Park Property or any other public property. O. To sell or offer for sale any food, drinks, confections, merchandise, or services except as authorized by the Town pursuant to an approved written agreement, or by written permission of the Director for a Town authorized or sponsored special event or when such sale is operated by Town. P. To practice, carry on, conduct, or solicit for any trade, occupation, business, or profession, except when operated or sponsored by the Town. Q. To play golf or use or play with golf balls or golf clubs, except when operated or sponsored by the Town. R. To bring, carry, transport, or possess a glass container. S. To possess or consume alcoholic beverages of any kind. T. To play or bet on any game which is played, conducted, dealt, or carried on. U. To operate any public address system or other amplified sound system or device except when operated by the Town or for amplified sound systems or devices, as authorized by a Special Event Permit . V. For any person over the age of six years to use the restroom and washrooms designated for a member of the opposite sex. W. To loiter or remain in or upon any Park Property at a time when the Park Property is closed. Signs indicating hours of operation shall be posted at conspicuous locations to give notice thereof. Hours of operation for Park Property shall be as follows: a. Except as otherwise specifically provided herein, all Town Park Facilities shall be closed from one hour after sunset until one hour prior to sunrise the next day, unless the use of such facilities Town Council Page 8 of 96 Meeting Date: February 4, 2013 has been properly scheduled with the Town for athletic use, a special event or program. b. Freedom Dog Park hours of operation shall be one half hour prior to sunrise and one half hour after sunset. c. Independence East facilities may remain open until 10:30 p.m. from Sunday through Thursday and until 11:00 p.m. on Friday and Saturday for scheduled uses, programs or events. During tournaments or other special uses, programs, or events, the Director may extend the hours of operation to 11:00 p.m. from Sunday through Thursday as determined necessary. d. Independence West facilities may remain open until 10:30 p.m. from Sunday through Thursday and until 11:30 p.m. on Friday and Saturday for scheduled uses, programs, or events. During tournaments or other special uses, programs, or events, the Director may extend the hours of operation to 11:00 p.m. Sunday through Thursday as determined necessary. The tennis facility may remain open from one half hour prior to sunrise until 10:00 p.m. for tennis related activities only. e. Harmony Park facilities may remain open until 10:00 p.m. from Sunday through Thursday and until 11:00 p.m. on Friday and Saturday for scheduled uses, programs, or events. During tournaments or other special uses, programs, or events, the Director may extend the hours of operation to 11:00 p.m. Sunday through Thursday as determined necessary. The tennis facility may remain open from one half hour prior to sunrise until 10:00 p.m. for tennis related activities only. Sec. 1-10-3. – Vehicular Regulations – Prohibited Acts. Within the limits of any Park Property located within the corporate limits of the Town, it shall be prohibited for any person or persons to engage in any of the acts set forth in this Section. The following acts are prohibited on all Park Property. Except as otherwise provided, it shall be unlawful: Town Council Page 9 of 96 Meeting Date: February 4, 2013 A. To drive a vehicle at a rate of speed in excess of 15 miles per hour upon a drive, road or parking lot within or upon Park Property unless otherwise posted. B. To exhibit or cause any unnecessary acceleration of a vehicle, including but not limited to acceleration or any other action which causes gravel to be thrown, tires to squeal, or otherwise causes a threat of injury or damage to persons or property. C. To operate or drive a motorized vehicle, device or motorized assisted scooter anywhere in or upon Park Property, including without limitation, a green space or other grassy area, a common area, a pathway, or a sidewalk, unless such area is specifically designated for that purpose by the Director. D. To park in areas other than those specifically designated for Parking or as otherwise authorized by the Director . E. Where parking spaces are marked, all vehicles shall be parked within and between the lines designating a single vehicle parking space and not otherwise in a manner that utilizes more than one parking space. F. No vehicle shall be parked or left behind any other vehicle in the parking line or in any location or in any manner to obstruct, block, or hinder ingress or egress from the line, a parking space, or a parking area. Where a vehicle is parked or left in violation of this section and the owner or operator of the vehicle is not in control of the vehicle, a peace officer or an authorized representative of the Town may have the vehicle removed at the owner’s expense. No variation to the requirements of this section shall be allowed unless specifically authorized in writing by the Director. G. To park or place either an inoperable motor vehicle or an operable motor vehicle on any parking area for a period of more than twenty-four (24) continuous hours. Sec. 1-10-4. – Vehicular Regulations - Exemptions. Town Council Page 10 of 96 Meeting Date: February 4, 2013 All Town and MUD1 vehicles shall be exempt from the restrictions of this Article. Sec. 1-10-5. – Roller Skates, Roller Blades, In-Line Skates, Skateboards, Coasters, Scooters and Bicycles – Prohibited Acts. A. The use of roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles or similar device is permitted upon any sidewalk, pathway or park trail. Notwithstanding the foregoing, a person shall ride or use any roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles in an area where a sign prohibiting such conduct is posted. Sec. 1-10-5. – Use of Tobacco Products. It shall be unlawful for any person to use any tobacco product or to smoke, or possess burning tobacco or other plant product in any park or park facility where signs prohibiting such conduct are posted. Smoking is allowed in Town parking areas. Sec. 1-10-6. – Peanuts and Sunflowers seeds It shall be unlawful for any person to use, distribute or sell unshelled seeds or nuts of any variety in any Baseball Facility, except during tournament play. Sec. 1-10-7. – Freedom Dog Park A. No dog shall be permitted in Freedom Dog Park except when in the care, custody and control of a person at least twelve (12) years of age. Any person under twelve (12) years of age must be accompanied by and be under the direct supervision of an adult. B. All dogs shall be at least four months of age and shall display a tag displaying a current rabies vaccination. It shall be a violation for a Town Council Page 11 of 96 Meeting Date: February 4, 2013 person to allow or permit a dog to utilize or to be located within Freedom Dog Park if the animal does not meet the foregoing requirements. C. Dogs belonging to Trophy Club residents shall display a registration tag issued by the Town. D. No animals other than dogs shall be permitted within the fenced area of Freedom Dog Park except as authorized by the Director for the purpose of a special event or program. E. All dogs shall remain on-leash while entering and exiting the park. F. Dogs over thirty-five (35) pounds shall not be allowed in the area identified as the “small dog” area. G. Food shall not be allowed in the park, including without limitation, treats used for training purposes, except when authorized by the Director for a special event or program. Town Council Page 12 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 1 3 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 1 4 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-51-T Name: Status:Type:Agenda Item Workshop File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 4, 2013. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 4, 2013. Town Council Page 15 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-52-T Name: Status:Type:Agenda Item Workshop File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Discussion of proposed agenda items for the February 25, 2013 Regular Session Agenda. Attachments:February 25, 2013 Proposed Agenda Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the February 25, 2013 Regular Session Agenda. Town Council Page 16 of 96 Meeting Date: February 4, 2013 Meeting Date 2/25/2013 Item File ID Dept Have ARF? Workshop Online Communications Workshop PIO Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 4, 2013. Town Sec Discussion of proposed agenda items for the February 18/25, 2013 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated November 5, 2012. Town Sec Public Hearing Regular Session Park Ordinance Amendment - including Park Operation Hours Parks Receive Racial Profiling Report PD Call Gneral/Special Election Ordinance - Council member, Charter Amendments, Dissolution of EDC 4A, and Creation of CCPD TownSec/ Legal Vacate Parkview Legal Ownership of vacated right of way Legal Site Plan for Tom Thumb Fuel Station CD Receive Final Report from Temporary CCPD PD Consider and take appropriate action regarding financial and variance report dated January 2013. Finance 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 17 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-53-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Consider and take appropriate action regarding the Minutes dated January 21, 2013. Attachments:January 21, 2013 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated January 21, 2013. Town Council Page 18 of 96 Meeting Date: February 4, 2013 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 21, 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, January 21, 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 Glenn Strother Mayor Pro Tem 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 Mayor White announced the date of January 21, 2013, called the Town Council to order and announced a quorum at 6:07 p.m. WORKSHOP SESSION 1. Presentation of the Wastewater Analysis Report; discussion of same. Town Manager Slye introduced Trophy Club MUD No. 1 District Manager Jennifer McKnight to provide an overview of the Wastewater Analysis. McKnight Introduced engineers from The Wallace Group, Kevan Glavier and Scott Wetzel, who provided an overview of the Wastewater Analysis Report to date. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 21, 2013. No discussion. 3. Briefing of Planning & Zoning items on the February 4, 2013 Regular Session; discussion of same. - Replat of Lot 2R, Block B to Lot 2R-1 and 2R-2, Block B, Trophy Wood Business Center - Preliminary Plat, Final Plat and Site Plan of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive - Site Plan of Lakeview Elementary School, 100 Village Trail Town Council Page 19 of 96 Meeting Date: February 4, 2013 Community Development Director Carolyn Huggins updated the Council regarding several upcoming items scheduled for the February 4, 2013 Town Council Agenda. 4. Discussion of proposed agenda items for the February 4, 2013 Regular Session Agenda. No discussion. Mayor White called a short break. CONVENE INTO REGULAR SESSION - TIME 7:15 P.M. The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by Police Chief Scott Kniffen. 5. Recognition of Town Secretary Shannon DePrater for completing the Texas Municipal Clerks Certification Program. This item was tabled. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No Citizen Presentations were made. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 6. Consider and take appropriate action regarding the Minutes dated January 7, 2013. 7. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending the Fiscal Year 2013 Economic Development Corporation 4B Budget providing for an amendment to appropriate funds required for payment of debt resulting from the Calling of the Series 2002-A General Obligation Bonds (Budget Amendment No. 1 making a supplemental appropriation in accordance with the Town Charter); and providing an effective date. Motion made by Council member Rose, seconded by Council member Schroeder, to approve the Consent Agenda as presented. Motion passed unanimously. Town Council Page 20 of 96 Meeting Date: February 4, 2013 REGULAR SESSION 8. Receive a Final Report from the Charter Review Commission regarding proposed Charter Amendments for May, 2013 election; discussion of same. Charter Review Commission Chairman JD Stotts recognized commissioners who served on the 2012 Commission and provided an overview of the process. Since last Council meeting, the Commission modified section 3.02b to further clarify the proposition. Chair Stotts offered a recommendation on behalf of the Commission – Within the next year or two, Council tie the number of wards to a numerical target i.e. number of houses built, number of residents. Once the target is met, Council should task the next Commission to investigate having wards/districts in town and consider adding an extra Council member in order to level out representation. 9. Consider and take appropriate action regarding the reduction of speed limits on residential streets throughout the Town. The following spoke to the Town Council: • Larry Hoover – 1118 Berkshire Ct. • Steve Gutierrez – 2629 Kingsford Lane • Dena Boudreau – 2622 Argyle Lane • Pearl Ford – 2 Spring Creek Chief Scott Kniffen provided an overview of the report compiled by staff to address lowering the speed limit in Trophy Club residential areas. Chief Kniffen provided several options and costs for the engineering study related to lowering the speed limit on residential streets. Council member Clint Schroeder provided direction to Town Manager Mike Slye to erect the speed detector sign and keep enforcement high and to couple the effort with public awareness/education and work with The Highlands HOA. 10. Consider and take appropriate action regarding the adoption of Council Goals and Objectives for 2013. Motion made by Council member Rose, seconded by Council member Mayer, to re-adopt the current Strategy Map as the Goals and Objectives for 2013. Motion passed unanimously. 11. Consider and take appropriate action regarding the Town Council meeting schedule for March 2013 and April 2013. Town Manager Slye recommended to not change any meeting dates in March. Motion made by Mayor Pro Tem Strother, seconded by Council member Schroeder, to move regular April meeting dates to April 8 and April 22. Motion passed unanimously. 12. Consider and take appropriate action regarding financial and variance report dated November and December 2012 including first quarter Trophy Club Park Financials. Finance Director Michael Aguilera provided an overview regarding the financial and variance report dated November 2012 and December 2012, as well as first quarter Trophy Club Park Financials. Town Council Page 21 of 96 Meeting Date: February 4, 2013 Motion made by Mayor Pro Tem Strother, seconded by Council member Rose, to approve November 2012 and December 2012 financial and variance reports as presented and as at the dais. Motion passed unanimously. 13. Town Council Liaison Updates; discussion of same: - January 8, 2013 Parks and Recreation Board; Council member Schroeder - January 14, 2013 Charter Review Commission; Council member Tiffany - January 14, 2013 EDC 4B; Mayor Pro Tem Strother Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 14. Town Manager Slye's update regarding the following; discussion of same. - TML IEBP Meeting - PID Committee - Community Development - Property Acquisition Town Manager Slye updated the Council and addressed questions; no action taken, update only. 15. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - January 9, 2013 - Northwest Communities Partnership - January 17, 2013 - Metroport Cities Partnership Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 16. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 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) Town Council Page 22 of 96 Meeting Date: February 4, 2013 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 residential speed limits (Rose, 12/10/2012) Council member Schroeder asked that item 14 be removed. Mayor White asked that a Review of the Ethics Ordinance be added to the list. ADJOURN Motion made by Council member Mayer, seconded by Council member Schroeder, to adjourn. Motion carried unanimously. Meeting adjourned at 9:35 p.m. ___________________________________ ___________________________________ Shannon DePrater, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 23 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-54-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title: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. Attachments:ORD 2013-04 Amending Public Safety Parking - Parkview.pdf Action ByDate Action ResultVer. TITLE 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. EXPLANATION: Requested by NISD as a solution to traffic congestion along Parkview Dr. during afternoon release times. Modify Section 2.01 entitled “Parking”, Subsection B, Paragraph 1 (g) and (h) to read as follows: (g) Along the East and West sides of Parkview Dr. from Durango to 500 Parkview Dr. between the hours of 7:00 am and 9:30am and between the hours of 2:30pm to 3:30pm on school days. (h) Along the East and West sides of Parkview Dr. from 500 Parkview Dr. to Bobcat Blvd. between the hours of 7:00am and 9:30am and between the hours of 4:00pm and 5:00pm on school days 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: Management recommends acceptance of the above amendments to enhance safety near our schools. Town Council Page 24 of 96 Meeting Date: February 4, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-04 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE II, ENTITLED “TRAFFIC AND VEHICLES” OF CHAPTER 10, ENTITLED “PUBLIC SAFETY”, SECTION 2.05, “PARKING”, SUBSECTION B, PARAGRAPH 1 (g) AND PARAGRAPH 1(h) TO DESIGNATE NO PARKING ZONES ON THE EAST AND WEST SIDES OF PARKVIEW DRIVE DURING DESIGNATED HOURS ON SCHOOL DAYS AND RENUMBERING FORMER PARAGRAPH 1(h) AND THE REMAINDER OF SECTION 2.05, SUBSECTION B, PARAGRAPH 1, OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AUTHORIZING UPON CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), AS ALLOWED BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS, the regulation of traffic is essential to the furtherance of public health, safety and welfare; and WHEREAS, in order to maintain adequate passage for emergency vehicles and to maximize traffic safety and visibility, Town staff has identified locations for which it is necessary to designate a NO PARKING zone; and WHEREAS, due to traffic patterns and differences in drop off and pick up times at different schools within the Town, Staff has identified the need to change the time frames for the parking prohibitions on Parkview Drive on school days; and WHEREAS, the Town Council determines that regulating parking in certain areas within the Town will increase visibility and further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 25 of 96 Meeting Date: February 4, 2013 SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section 2.05, entitled “Parking”, Subsection B, Paragraph 1 (g) and to add a new Paragraph 1 (h), so that Paragraph (1) (g) and (1) (h) shall be and read in their entirety as follows and so that former Paragraph 1(h) and the remaining paragraphs of Subsection B, Paragraph 1 shall be renumbered: B. Parking of Vehicles Prohibited 1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the Town: “g. Along the East and West sides of Parkview Drive from Durango Drive to 500 Parkview Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 3:30 p.m. on school days; h. Along the East and West sides of Parkview Drive from 500 Parkview Drive to Bobcat Boulevard between the hours of 7:00 a.m. and 9:03 a.m. and between the hours of 4:00 p.m. and 5:00 p.m. on school days.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the vehicle parking regulations and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been Town Council Page 26 of 96 Meeting Date: February 4, 2013 initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council Page 27 of 96 Meeting Date: February 4, 2013 SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 4th day of February, 2013. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 28 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-665-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:2/4/2013 Title: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. Attachments:2013 Staff Report - TC - Garage Sale Request.pdf 2013 TCWC Garage Sales Events - Special Event Application.pdf 2013 - Public Safety Approval.pdf Action ByDate Action ResultVer. Planning & Zoning Commission1/17/2013 1 TITLE 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. EXPLANATION: The Trophy Club Women’s Club is requesting permission to hold two community-wide garage sale events in Trophy Club in 2013. The spring event will be held on Saturday, April 20, 2013 and the fall event will be held on October 19, 2013. No alternate rain dates will occur. Each event will be held from 7 a.m. to 2 p.m. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages RECOMMENDATION AND JUSTIFICATION TO COUNCIL: This is an annual event held by the Trophy Club Women’s Club. By ordinance, approval from the Council is required after recommendation by the Planning and Zoning Commission. Town Council Page 29 of 96 Meeting Date: February 4, 2013 TOWN COUNCIL February 4, 2013 SUBJECT: Discuss and take appropriate action to grant 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 STAFF COMMENTS: On behalf of the Trophy Club Women’s Club, Ms. Freeman is requesting permission to hold two community-wide garage sale events in Trophy Club in 2013. The Women’s Club submitted a “Special Event” application which was then forwarded to the Community Development Department for placement on a P&Z and Council agenda for consideration of a “Special Privilege” request. Chapter 13-Zoning, Section 5.01-Temporary Uses E. Community Garage Sale by Special Privilege: Upon approval by the Town Council, after recommendation by the Planning and Zoning commission, a community garage sale shall be permitted by Special Privilege to civic organizations or non-profit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said Special Privilege shall be condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the Town Department of Public Safety. The Spring garage sales event will be held on Saturday, April 20, 2013 and the Fall garage sales event will occur on Saturday, October 19, 2013. No alternate rain dates will occur. The Trophy Club Women’s Club is requesting that the event be allowed from 7:00 a.m. to 2:00 p.m. This is a change from previous years in that the garage sales officially did not begin until 8 a.m. As required by ordinance, the Department of Public Safety reviewed and approved the operations of the event and the proposed locations of the garage sale sites. PLANNING AND ZONING COMMISSION RECOMMENDATION: On January 17, 2013, the Planning and Zoning Commission heard this request and made the following motion: Commissioner Forest made a motion recommending approval. Vice Chairman Stephens seconded the motion which passed unanimously. Attachment: Special Event Application Department of Public Safety Review and Approval Town Council Page 30 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 3 1 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 3 2 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 3 3 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 3 4 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 From: Scott Kniffen Sent: Monday, January 07, 2013 1:53 PM To: Carolyn Huggins Subject: Women's Club Garage Sale Events for 2013 The Police Department has no objections to the garage sale dates. G. Scott Kniffen, GMI Chief of Police Town of Trophy Club 100 Municipal Dr. Trophy Club, TX 76262 Office - 682-831-4650 Fax - 817-491-9886 ATTENTION PUBLIC OFFICIALS Please note that any correspondence, such as e-mail or letters, sent to Town staff or Town officials may become a public record and made available for Public/media review. Also, a “Reply to All” of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender. Town Council Page 35 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-11-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/7/2013 Town Council On agenda:Final action:2/4/2013 Title: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). Attachments:Staff Report - TC 020413.pdf Application.pdf Action ByDate Action ResultVer. Planning & Zoning Commission1/17/2013 1 TITLE 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). EXPLANATION: Trophy Wood Business Center is located in the southeast corner of the Town. The property is zoned Planned Development No. 25 (PD-25). The property owner has indicated that he has a party interested in purchasing one acre of the 3.252 acre tract of land currently platted as Lot 2R. Therefore, the owner is requesting a replat to subdivide Lot 2R into two lots. This replat conforms to the development standards and uses outlined in PD-25. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff and the Town Engineer have reviewed the plat and determined that it complies with the Town’s subdivision rules and regulations as well as the obligations outlined in PD-25. Staff recommends approval of RP-12-019, a replat of Lot 2R, Block B into Lot 2R-1 and 2R-2, Block B, Trophy Wood Business Center. Town Council Page 36 of 96 Meeting Date: February 4, 2013 SUBJECT: Consider and take appropriate action to approval a Replat of Lots 2R-1 and 2R-2, Block B, Trophy Wood Business Center being a replat of Lot 2R, Block B. Applicant: Highway 114 Prospect, LTD, Property Owner HISTORY AND PURPOSE: This property is currently vacant. The planned development (PD) zoning and concept plan for this site were approved in December 2002. The property was originally platted in October 2003 as Lot 2, Block B. In January 2007, Lot 2, Block B was replatted into Lot 2R, Block B to accurately reflect the lot dimensions in relation to the Town limits. Now, the property owner is subdividing Lot 2R, Block B into Lot 2R-1 and Lot 2R-2 with the intention of selling Lot 2R-1 to a prospective buyer. ADJACENT ZONING/EXISTING LAND USES: North: PD-25/Tract 6/Vacant/Retail Uses South: Access Road to State Highway 114, Town of Westlake, Texas East: PD-25/Tract 5/Value Place Hotel West: PD-25/Tracts 1 & 2/Vacant/Retail Uses STAFF ANALYSIS: The PD-25 zoning document assigns an approximate size to each “tract” of land. Per the zoning document, Lot 2R-1 shall contain approximately 1.55 acres of land and Lot 2R-2 shall contain approximately 1.5 acres of land. With this replat, the applicant is requesting a subdivision of land with Lot 2R-1 containing 1.2 acres and Lot 2R-2 containing 2.052 acres. The allowed uses on these two lots are office uses, retail uses, and restaurants. THOROUGHFARE PLAN: This commercial property located at the southeast corner of Trophy Club has special thoroughfare requirements. Much of the PD- 25 property is located adjacent to a one-way frontage road along Highway 114. TOWN COUNCIL STAFF REPORT February 4, 2013 Case No. RP-12-019 Replat Lot 2R-1 and 2R-2, Block B Trophy Wood Business Center Town Council Page 37 of 96 Meeting Date: February 4, 2013 In order to ensure adequate circulation, the Thoroughfare Plan indicates a commercial collector to extend through the property, providing access to Highway 114 as well as the rest of the commercial development located at this commercial node. These requirements have been previously met by the developer when he built Trophy Wood Drive (public street) and Plaza Drive (private street – owned and maintained by the property owners). COMPREHENSIVE LAND USE PLAN: This site is located within the area identified on the Comprehensive Land Use Plan for Commercial/Professional uses. STAFF REVIEW: Staff and the Town Engineer have reviewed the plat and determined that it complies with the Town’s subdivision rules and regulations as well as the obligations outlined in PD-25. STAFF RECOMMENDATION: Staff recommends approval of RP-12-019, a replat of Lot 2R, Block B into Lot 2R-1 and 2R-2, Block B, Trophy Wood Business Center. PLANNING AND ZONING COMMISSION RECOMMENDATION: On January 17, 2013, the Planning and Zoning Commission recommended approval of this replat by a unanimous vote (7-0). ch Attachments: Application 24 x 36 Plat (hardcopy) Town Council Page 38 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 3 9 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-27-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/14/2013 Town Council On agenda:Final action:2/4/2013 Title:Consider and take appropriate action regarding a Site Plan for Lakeview Elementary School, 100 Village Trail. Applicant: RLK Engineering on behalf of Northwest ISD. Attachments:Staff Report - TC 020413 - Lakeview Elementary Site Plan.pdf Town Engineer - Final Approval - Lakeview Elem School.pdf Application.pdf Action ByDate Action ResultVer. Planning & Zoning Commission1/17/2013 1 TITLE Consider and take appropriate action regarding a Site Plan for Lakeview Elementary School, 100 Village Trail. Applicant: RLK Engineering on behalf of Northwest ISD. EXPLANATION: Northwest ISD is proposing to expand the Lakeview Elementary School site by adding 12,500 sq. ft. of new classrooms, an addition to the library of 4,150 sq. ft., and a new dining and kitchen area addition of 15,000 sq. ft. The bus loop at the front of the school will be revised to extend the loop an additional 200’. The parking at the front of the school will be increased from 32 stalls to 75 stalls, which includes an additional handicap stall and ADA loading zone. The parent drop-off loop to the east side of the school will be revised to increase the amount of available stacking and fire protection to the rear of the school. The existing turnaround will be removed and a fire lane will added that will direct parents to a new roundabout northeast of the existing playground. A new parent drop-off lane adjacent to the new cafeteria addition will be constructed with a new ADA loading zone. The eastern parking lot will be increased from 43 stalls to 65 stalls with an additional 2 handicap stalls. The existing garden at the north side of the school will be replaced with a hard-surface play area that will also double as a fire lane turnaround to increase fire protection. A new water line will loop will be installed around the school to provide fire hydrants along the new fire lanes. A new storm sewer system will be installed to convey the roof and paving storm water runoff to the existing drainage channel at the north end of the site. The increased runoff created with the added impervious area will be detained by a new detention pond at the northeast corner of the site. The detention pond will reduce the site runoff as to not impact downstream properties. Development and design standards have been met. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Town Council Page 40 of 96 Meeting Date: February 4, 2013 File #: 2013-27-T, Version: 1 Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The Planning and Zoning Commission heard this request on January 17, 2013, and by unanimous vote recommended approval with the stipulation that outstanding comments shall be met prior to Council consideration of this project on February 4, 2013. STAFF COMMENT: All comments have been met. Town Engineer memo of approval included in the packet. Town Council Page 41 of 96 Meeting Date: February 4, 2013 SUBJECT: Consider and take appropriate action to approve a Site Plan for Lakeview Elementary School, 100 Village Trail. Applicant: RLK Engineering on behalf of Northwest ISD. APPLICANT: RLK Engineering 111 West Main Allen, TX 75013 OWNER: Northwest Independent School District P.O. Box 77070 Fort Worth, TX 76177 LOCATION: Lakeview Elementary School 100 Village Trail Trophy Club, TX 76262 ZONING: “R-12” Single Family Residential REVIEW: Northwest ISD is proposing to expand the Lakeview Elementary School site by adding 12,500 sq. ft. of new classrooms, an addition to the library of 4,150 sq. ft., and a new dining and kitchen area addition of 15,000 sq. ft. The bus loop at the front of the school will be revised to extend the loop an additional 200’. The parking at the front of the school will be increased from 32 stalls to 75 stalls, which includes an additional handicap stall and ADA loading zone. The parent drop-off loop to the east side of the school will be revised to increase the amount of available stacking and fire protection to the rear of the school. The existing turnaround will be removed and a fire lane will added that will direct parents to a new roundabout northeast of the existing playground. A TOWN COUNCIL STAFF REPORT February 4, 2013 Lakeview Elementary School Site Plan Approval SP-12-015 Town Council Page 42 of 96 Meeting Date: February 4, 2013 new parent drop-off lane adjacent to the new cafeteria addition will be constructed with a new ADA loading zone. The eastern parking lot will be increased from 43 stalls to 65 stalls with an additional 2 handicap stalls. The existing garden at the north side of the school will be replaced with a hard- surface play area that will also double as a fire lane turnaround to increase fire protection. A new water line will loop will be installed around the school to provide fire hydrants along the new fire lanes. A new storm sewer system will be installed to convey the roof and paving storm water runoff to the existing drainage channel at the north end of the site. The increased runoff created with the added impervious area will be detained by a new detention pond at the northeast corner of the site. The detention pond will reduce the site runoff as to not impact downstream properties. Height Regulations Buildings In the R-12 district, no building shall exceed forty feet (40-ft.) or 2-1/2 stories in height. The plans indicate that no building will exceed one story and 28-ft. in height. DESIGN REQUIREMENTS Refuse Disposal The refuse disposal area shall be gated and fully screened from public view by a masonry fence or wall of at least eight (8) feet in height. This requirement has been met. Lighting/Photometrics Lighting shall be designed to reflect away from any adjacent residential area. Lighting facilities within the parking facilities shall provide illumination not to exceed one foot candle at ground level, and shall distribute not more than two- tenths (0.2) of one foot candle of light upon any adjacent residentially zoned district. This requirement has been met. LANDSCAPE PLAN Overview All existing trees to be saved near construction zones shall be surrounded by tree protection fencing. All disturbed areas will receive solid sod. New planting beds will be installed at the main building entry to both enhance the entry and signify it as the main entry. A shrub hedge is being added along the existing building façade to the northwest in part to screen a/c condensers and in part to soften the building. Ornamental trees will be added in this area as a secondary layer for the same purpose. Town Council Page 43 of 96 Meeting Date: February 4, 2013 Sixteen (16) trees will be removed during the construction of the remodel/expansion, five (5) of which require mitigation. A total of 77 trees are necessary to meet the landscape requirements. Twenty-one (21) existing trees are to be saved as noted on the Tree Mitigation Chart on Sheet LP 1.01. Sixty- Seven (67) new trees will be planted as noted in the legend on Sheet LP 5.01. By ordinance, 39 of the 77 trees must be located in the front yard. This requirement has been met. IRRIGATION The entire irrigation system around the building from the street to the side property line and up to the edge of the city irrigated soccer fields will be replaced with all new equipment and pipe. Parking For an elementary school, one (1) space per 20 students is required. NISD has indicated that the school will service 650 students which triggers a requirement for 33 parking spaces. The applicant has indicated that 140 spaces, and 7 handicap spaces, are provided. SUMMARY Northwest ISD is requesting approval of the Site Plan for Lakeview Elementary School. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this request on January 17, 2013, and by unanimous vote recommended approval with the stipulation that outstanding comments shall be met prior to Council consideration of this project on February 4, 2013. STAFF COMMENT: All comments have been met. Town Engineer memo of approval attached. ch Attachments: Town Engineer Memo of Approval Application Site Plan – Hardcopy (24”x36”) Town Council Page 44 of 96 Meeting Date: February 4, 2013 Fort Worth1100 Macon StreetFort Worth, Texas 76102817.336.5773 Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177 Sherman200 North Travis Street, Suite 500Sherman, Texas 75090903.870.1089 Registered by the Texas Board of Professional Engineers, No. F-230  Registered by the Texas Board of Professional Surveyors, No. 100116-00 engineers surveyors landscape architects www.tnpinc.com PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: January 24, 2013 RE: Additions to Lakeview Elementary School – Final Review Plan comments have been addressed. The site plan package is ready to proceed to Council. Town Council Page 45 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 4 6 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-636-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/8/2012 Town Council On agenda:Final action:2/4/2013 Title: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). Attachments:Staff Report - TC 020413 - Prel Plat.pdf Application - Prel Plat.pdf Preliminary Plat Requirements.pdf Action ByDate Action ResultVer. Planning & Zoning Commission1/17/2013 1 TITLE 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). EXPLANATION: The church was built in 1985 prior to Town incorporation. The church now wishes to remodel and expand the building to add a private school and larger sanctuary, which requires platting and site plan approval prior to issuance of a building permit. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The preliminary plat is being reviewed in accordance with the approved subdivision regulations as well as the approved development standards for “NS” zoning. A drainage plan is required as part of the preliminary plat review and approval. The applicant plans to have a drainage pond on site and the plat shows the location of the detention pond as a private drainage easement, which will be owned and maintained by the church. Staff review of these plans is on-going with comments outstanding. Council will be updated at the meeting on February 4, 2013. Town Council Page 47 of 96 Meeting Date: February 4, 2013 SUBJECT: Consider and take appropriate action to approve a Preliminary Plat for The Church at Trophy Lakes Addition located in the Jessie Eads Survey, Abstract No. 392, consisting of one (1) lot and being 11.603 acres of land. The applicant is RGA Architects on behalf of The Church at Trophy Lakes (PP-12-022) APPLICANT: Shane Harris, RGA Architects 301 S. Oak St. Roanoke, TX 76262 OWNER: The Church at Trophy Lakes 800 Trophy Club Dr. Trophy Club, TX 76262 LOCATION: At the Intersection of Trophy Club Drive and Trophy Lake Drive ZONING: “NS” Neighborhood Services HISTORY: As required by the Town’s Subdivision Rules & Regulations, the preliminary plat shows the existing permanent structures within the subdivision. The church was built in 1985 prior to Town incorporation. The church now wishes to remodel and expand the building to add a private school and larger sanctuary, which requires platting and site plan approval prior to issuance of a building permit. The church also rezoned from “R-12” Single Family Residential to “NS” Neighborhood Services. The rezoning was approved by Council on December 10, 2012. TOWN COUNCIL STAFF REPORT February 4, 2013 Preliminary Plat Lot 1, Block A The Church at Trophy Lakes Addition Town Council Page 48 of 96 Meeting Date: February 4, 2013 STAFF REVIEW Drainage: The preliminary plat is being reviewed in accordance with the approved subdivision regulations as well as the approved development standards for “NS” zoning. A drainage plan is required as part of the preliminary plat review and approval. The applicant plans to have a drainage pond on site and the plat shows the location of the detention pond as a private drainage easement, which will be owned and maintained by the church. Staff review of these plans is on-going with the comments below outstanding at the time of packet deadline. Council will be updated at the meeting on February 4, 2013. C6 – Existing Drainage Area Map 1. See Sheet C7 comment regarding drainage area O2. If drainage area O2 is omitted adjust the existing drainage area accordingly. C7 – Proposed Drainage Area Map 1. Area O2 is accounted for in the existing conditions runoff but not in the proposed. The peak discharge from the site should equal the sum of the pond discharge and area O2 runoff. The time of duration (currently 20 minutes) may be used as the Tc for this purpose. C11 – Phase I Pond Grading & C12 – Phase II Pond Grading 1. Any portion of area O1 that drains to the pond should be included in the pond calculations. This may affect the pond outfall some but shouldn’t significantly affect the required storage volume since area O1 is included in existing and proposed conditions. 2. The detention calculations provided are sufficient. However, pond calculations should be updated accordingly based on effects of area O1 and O2 revisions. 3. Include the following note on both sheets: “As-built survey, prepared by a registered professional surveyor, shall be provided for the final grades in the detention pond to verify volume. Submit as-built survey to Town and engineer for approval.” Tree Preservation: Chapter 12-Subdivision Rules and Regulations, Article 8- Tree Preservation and Removal, requires including the location of treed areas on the preliminary plat, or by a separate tree survey drawing. The applicant provided a tree survey (Sheet T1) which indicates that one (1) “protected” tree is to be removed from the site which will require mitigation of 1-1/2 caliper inches. The protected tree to be removed is 10 caliper inches and the applicant will plant five (5) three inch (3”) caliper trees in mitigation. Those trees are shown on Sheet L1. Town Council Page 49 of 96 Meeting Date: February 4, 2013 PLANNING AND ZONING COMMISSION RECOMMENDATION: On January 17, 2013, the Planning and Zoning Commission, by unanimous vote, recommended approval of the preliminary plat with the stipulation that a clarification to the floodplain note be made and that outstanding review comments must be met prior to Council consideration of the plat on February 4, 2013. ch Attachments: Application Section 3.07 - Preliminary Plat Requirements Preliminary Plat Package (5 pages) – Hardcopy Town Council Page 50 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 5 1 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 Chapter 12 – Subdivision Rules & Regulations Section 3.07 Preliminary Plats A. Preliminary Plat Required: A Preliminary Plat shall be required for all parcels of land on which the filing of a plat is required by State Law or Town Regulations and Ordinances. An exception shall be allowed in the event: 1. A Preliminary Plat has been submitted within the last six (6) months; or 2. Platting is being submitted in accordance with Section 3.10, Short Form Plat. B. Criteria: The Preliminary Plat shall meet all the criteria of Preliminary Plat submission as required in Regulations and Ordinances of the Town and procedures as listed in these Regulations. C. Preparation: The Preliminary Plat shall be prepared by qualified professional. D. Public Meetings: A Preliminary Plat does not require a public hearing. However, action on the Preliminary Plat, by the Planning and Zoning Commission and the Town Council, is required at a public meeting. Notice of a public meeting must be posted seventy two (72) hours prior to the meeting. E. The Preliminary Plat Shall Contain the Following Information: 1. Names and addresses of the subdivider, record owner, land planner, engineer, surveyor, or qualified professional. 2. Proposed name of subdivision. 3. Names and lot patterns of contiguous platted subdivisions within one hundred feet (100’) of the subdivision. 4. Vicinity map showing street location of tract by reference to existing street or highways. 5. Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres. 6. Location of Town limit lines, if they either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary. 7. Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown. 8. The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public area and permanent structures within or contiguous to the subdivision. 9. The locations, sizes, and descriptions of existing and proposed utilities, (above and/or below grade), within the subdivision or adjacent thereto. Town Council Page 52 of 96 Meeting Date: February 4, 2013 Chapter 12 – Subdivision Rules & Regulations 10. The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements, or other rights-of-way; blocks, lots and other sites within the subdivision specifically indicating the connection of improvements in adjacent subdivisions. 11. Identification and location of proposed uses within the subdivision to include tracts intended for residential, commercial, churches, parks, governmental or other uses and also indicating existing and proposed zoning classifications for each use. 12. Topographical information based on 2-foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5-foot vertical intervals may be used. 13. Centerline of water courses, creeks and ravines, existing drainage structures and other pertinent data shall be shown. 14. Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable. 15. A drainage study shall be required to provide the information as recorded in Town of Trophy Club Design Guidelines. 16. A number to identify each lot and a number or letter to identify each block; an indication of the typical lot size; the area of the smallest lot. 17. Building setback lines on all lots and sites adjacent to streets. 18. Title, date of preparation, scale and north arrow. 19. Current description of the property to be subdivided which includes survey name and tract numbers from Town or County records. 20. Such additional terms and conditions including design standards as the Planning and Zoning Commission and Town Council deems necessary. F. Action by the Planning and Zoning Commission: The decision of the Planning and Zoning Commission shall be approval, disapproval, or conditional approval of the Preliminary Plat. 1. Approval shall constitute acceptance of the Preliminary Plat. 2. Conditional approval of the Preliminary Plat shall constitute approval; however, conditional approval means that the plat is subject to compliance with prescribed conditions as specified by the Planning and Zoning Commission and shall effectively constitute disapproval until all such conditions are met. Conditionally approved Preliminary Plats need not be addressed by the Planning and Zoning Commission again. The conditions attached to the Preliminary Plat shall be met upon filing of the Final Plat. 3. Upon disapproval of the Preliminary Plat by the Town Planning and Zoning Commission, the Preliminary Plat shall be deemed completely rejected as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. 4. Upon the approval of the Preliminary Plat by the Town Planning and Zoning Commission, the Preliminary Plat shall be submitted to the Town Council for consideration. Town Council Page 53 of 96 Meeting Date: February 4, 2013 Chapter 12 – Subdivision Rules & Regulations G. Action by the Town Council: The decision of the Town Council shall be approval or disapproval of the Preliminary Plat. A three-fourths (¾) vote of the members of the Council present and voting shall be required to overturn a unanimous decision of the Planning and Zoning Commission. In all other instances, a majority vote of the Council shall be required. 1. Approval of a Preliminary Plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and Final Plat. Approval of the Preliminary Plat shall be subject to all conditions specified by the Planning and Zoning Commission either being complied with or documented and approved by the Town Council. 2. Disapproval signifies rejection completely of the Preliminary Plat as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. H. Action by the Town Council: The decision of the Town Council shall be approval or disapproval of the Preliminary Plat. A three-fourths (¾) vote of the members of the Council present and voting shall be required to overturn a unanimous decision of the Planning and Zoning Commission. In all other instances, a majority vote of the Council shall be required. 1. Approval of a Preliminary Plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and Final Plat. Approval of the Preliminary Plat shall be subject to all conditions specified by the Planning and Zoning Commission either being complied with or documented and approved by the Town Council. 2. Disapproval signifies rejection completely of the Preliminary Plat as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. I. Deadline and Submitted Material The applicant shall, when filing the preliminary plat, submit twelve (12) copies of the Preliminary Plat measuring a minimum of 18 inches by 24 inches to the Town Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting at which it is to be addressed. 1. The applicant shall, when filing the Preliminary Plat, submit an eight and one half inches by eleven inches (8½”x11”) reproducible reduction of all maps included in the submittal material. 2. The applicant shall, when filing the Preliminary Plat, submit a completed application and pay all fees required for Preliminary Platting as specified in Section 3.7, Preliminary Plats, item 9, Preliminary Plat Review Fee of this document. 3. Upon action of the Planning and Zoning Commission, the applicant shall submit twelve (12) copies of the preliminary plat to the Town Planning and Zoning Administrator within five (5) days following the Planning and Zoning Commission meeting at which action was taken. These copies will then be forwarded to the Town Council for review. Town Council Page 54 of 96 Meeting Date: February 4, 2013 Chapter 12 – Subdivision Rules & Regulations 4. Failure to submit the material and pay all fees as required herein, as determined by the Town Planning and Zoning Administrator, shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. J. Preliminary Plat Review Fee: A Preliminary Plat review fee, in accordance with the schedule of fees as adopted by the Town, shall be paid the Town upon submission of a Preliminary Plat application. A schedule of these fees is available upon request at the Town offices and is provided with the application for Preliminary Plat. K. Effective Period a. The approval of a Preliminary Plat shall be effective for a period of twelve (12) months. In the event that the Final Platting process has not been initiated by the developer within twelve (12) months from the date of approval of the Preliminary Plat, the Preliminary Plat shall require re- approval. The entire approval process including payment of fees will be required. b. The applicant may receive one (1) extension of the Preliminary Plat. Upon written request by the owner at least thirty (30) days prior to the end of the one (1) year period, the Preliminary Plat shall be placed on the Planning and Zoning Commission agenda for consideration for extension. Code of Ordinances Cross Reference: (Preliminary Plat Fees), Chapter 1, § 8.04 Town Council Page 55 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-637-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/8/2012 Town Council On agenda:Final action:2/4/2013 Title: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). Attachments:Staff Report - TC 020413 - Final Plat.pdf Application - Final Plat.pdf Action ByDate Action ResultVer. Planning & Zoning Commission1/17/2013 1 TITLE 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). EXPLANATION: The church was built in 1985 prior to Town incorporation. The church now wishes to remodel and expand the building to add a private school and larger sanctuary, which requires platting and site plan approval prior to issuance of a building permit. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: The Final Plat was reviewed by Staff and the Town Engineer in accordance with the Town’s Subdivision Rules and Regulations as well as the development standards as set forth in “NS” Neighborhood Services zoning district. The final plat shall show the private drainage easement -- the review of which is on-going. Staff will advise at the Council meeting whether or not the drainage is complete and approved and whether or not the final plat has been revised as necessary to match the requirements of the preliminary plat. Town Council Page 56 of 96 Meeting Date: February 4, 2013 SUBJECT: Consider and take appropriate action to approve a Final Plat for The Church at Trophy Lakes Addition located in the Jessie Eads Survey, Abstract No. 392, consisting of one (1) lot and being 11.603 acres of land. The applicant is RGA Architects on behalf of The Church at Trophy Lakes (FP-12-022) APPLICANT: Shane Harris, RGA Architects 301 S. Oak St. Roanoke, TX 76262 OWNER: The Church at Trophy Lakes 800 Trophy Club Dr. Trophy Club, TX 76262 LOCATION: Intersection of Trophy Club Dr. & Trophy Lake Dr. ZONING: “NS” Neighborhood Services STAFF REVIEW: The Final Plat was reviewed by Staff and the Town Engineer in accordance with the Town’s Subdivision Rules and Regulations as well as the development standards as set forth in “NS” Neighborhood Services zoning district. The final plat shall show the private drainage easement -- the review of which is on-going. Staff will advise at the Council meeting whether or not the drainage is complete and approved and whether or not the final plat has been revised as necessary to match the requirements of the preliminary plat. PLANNING AND ZONING COMMISSION: On January 17, 2013, the Planning and Zoning Commission considered this item and made the following motion: Vice Chairman Stephens made a motion recommending approval of the final plat with the amendments from the preliminary plat carried over to the final plat. Commissioner Sheridan seconded the motion. The vote was unanimous. Attachments: Application Final Plat (1 page) – Hardcopy TOWN COUNCIL STAFF REPORT February 4, 2013 Final Plat Lot 1, Block A The Church at Trophy Lakes Addition Town Council Page 57 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 5 8 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-26-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/14/2013 Town Council On agenda:Final action:2/4/2013 Title:Consider and take appropriate action regarding a Site Plan for the Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects. Attachments:Staff Report - TC 020413 - Site Plan.pdf Homeowners - Email - Masonry Wall.pdf Application.pdf Action ByDate Action ResultVer. Planning & Zoning Commission1/17/2013 1 TITLE Consider and take appropriate action regarding a Site Plan for the Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects. EXPLANATION: There is a 12,218 sq. ft. existing church on the site, and within the church building a day care/school is operated throughout the week. The site consists of 11.603 acres and is bordered by Trophy Club Drive to the east, Trophy Lake Drive to the southeast, and Village Trail to the south. To the west there are seven (7) homes, zoned Planned Development No. 15 (PD-15) which is residential zoning, that share a property line with the church. The church also shares a property line to the north with PD-15. The PD-15 property to the north is a lake, which is private property owned by the PD-15 HOA. The church property is zoned “NS” Neighborhood Services. 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: Eight waivers to the Town of Trophy Club development and design standards are being requested by the church. Details are provided in the staff report. Town Council Page 59 of 96 Meeting Date: February 4, 2013 SUBJECT: Consider and take appropriate action to approve a Site Plan for The Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects. CURRENT STATUS: There is a 12,218 sq. ft. existing church on the site, and within the church building a day care/school is operated throughout the week. The site consists of 11.603 acres and is bordered by Trophy Club Drive to the east, Trophy Lake Drive to the southeast, and Village Trail to the south. To the west there are seven (7) homes, zoned Planned Development No. 15 (PD-15) which is residential zoning, that share a property line with the church. The church also shares a property line to the north with PD-15. The PD-15 property to the north is a lake, which is private property owned by the PD-15 HOA. The church property is zoned “NS” Neighborhood Services. ANALYSIS Total Land: 11.603 acres Existing Structure: 12,218 Square Feet Church operating a day care/school throughout the week Proposed Expansion/Remodel The church plans to remodel and expand the existing building. They propose to add 16,085 square feet to the building, including classrooms, bathrooms, a gymnasium, an expanded sanctuary and parking. The church is adding a day care (18 months to pre-K) and a private school (K through Grade 3). They wish to build the school as Phase 1 of the project and leave the expansion of the sanctuary to a future date, which would be Phase 2 of the project. Existing Non-Conforming Structures The church requests waivers for two items that are existing structures (built in 1985) that do not meet NS zoning district regulations. In the NS zoning district, any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28-ft. or one (1) story in height. 1) Church Building Height. The existing church building is 37-ft., 2-inches in height and the church requests a waiver for the building to remain at this height. TOWN COUNCIL STAFF REPORT February 4, 2013 Site Plan The Church at Trophy Lakes Town Council Page 60 of 96 Meeting Date: February 4, 2013 2) Steeple Height. The existing church steeple is 85-ft. in height. The church is requesting a waiver for the steeple to remain at this height. New Construction Non-Conforming Structures The church requests waivers for new construction items that do not meet NS zoning district regulations. 3) Gymnasium Height. The gymnasium is proposed to be 33-ft. in height in order to be a “competition” gym. The applicant indicates that a competition gym must have a 25-ft. clearance over the playing surface. Site Requirements The church requests waivers for site items required by NS zoning district regulations. 4) Masonry wall (8-ft.) on west and north sides of property. In the NS district, any property line adjacent to a residentially zoned district shall be screened with an 8-ft. masonry wall. The church property is adjacent to residentially zoned property on the north and west property lines. There are 7 homes along the west property line; 6 of which are occupied. Staff informed the homeowners and the HOA of this Site Plan request and the wall requirement. Four homeowners responded and their emails are attached. Three are in favor of waiving the wall requirement. One is in favor of building the masonry Town Council Page 61 of 96 Meeting Date: February 4, 2013 wall. The applicant is asking for a waiver of this requirement with this site plan only. Future changes to the site, which trigger a site plan revision, would not be waived from this requirement. INFORMATIONAL NOTE (for future expansion): Town regulations require that parking facilities within sixty feet (60-ft.) of a residentially zoned district shall be separated from said district by a decorative masonry wall at least eight feet (8-ft) high or a combination of berm, fence, or wall at least 8-ft. in height. 5) Buffering. Forty ft. (40-ft.) setback area adjacent to residential shall contain landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. The 40-ft. buffer requirement to the north and west are not met. The applicant is asking for a waiver of this requirement because at this time they do not plan to irrigate that area of the site. Future changes to the site, which trigger a site plan revision, would not be waived from this requirement. 6) EIFS. EIFS, a synthetic stucco, is indicated on the exterior walls and the use of a product other than brick, stone, or stucco requires approval of the Town Council upon recommendation by the Planning and Zoning Commission. 7) Planter islands. Interior areas of parking lots shall contain planter islands, located no further apart than twelve (12) parking spaces and at the terminus of all rows of parking. In lieu of this requirement, the applicant’s landscape plan proposes planting trees, centered, in an existing 10-ft. wide grass strip between parking spaces in an existing lot, as well as other landscaping throughout the site to compensate for this requirement. 8) 179 parking spaces. The parking space requirements for a church are: 1) one (1) parking space per 4 seats in main sanctuary, or 2) one (1) parking space for each 28 sq. ft. in the main sanctuary, or 3) one (1) parking space for each 200 sq. ft. of building area, whichever is greatest. 1) 420 seats in proposed main sanctuary, 1 per 4 seats = 105 2) 5,014 sq. ft. in proposed main sanctuary, 1 per 28 sq. ft. = 179 3) 30,440 buildable area, 1 per 200 sq. ft. = 152 Based on these regulations, the church is required to have 179 parking spaces for this remodel/expansion. The applicant proposes building in phases, with Phase 1 consisting of the school construction during which no new parking spaces will be provided, resulting in 102 spaces being available; and, at some future date, if/when the main sanctuary is remodeled/expanded the additional 77 spaces would be added at that time for a total of 179 parking spaces. Items outstanding from P&Z (January 17) that have been partially corrected: 9) Dumpster. The refuse collection/storage area shall be gated and fully screened from public view by a masonry fence of at least 8-ft. in height and Town Council Page 62 of 96 Meeting Date: February 4, 2013 shall be landscaped. It does not appear that the landscaping requirement has been met. Items outstanding at P&Z (January 17) that appear to be met: • Fire lanes, 24-ft. width, identified on the site plan. • Photometrics plan included in the site plan package. • Landscaping to provide relief from wall expanse facing south/southwest (gym wall). • Plant List accurately lists all trees. • Wheel stops/curbs. The applicant will be adding wheel stops only to the ADA/handicap parking spaces as required by law. All other parking spaces will have curbs. Texas Sage shrubs have been moved away from the parking spaces along the east side of the site to accommodate this requirement. PLANNING AND ZONING COMMISSION RECOMMENDATION: On January 17, 2013, the Planning and Zoning Commission considered this item and Vice Chairman Stephens made the following motion: To recommend approval of the site plan and to grant the requested variances including the variance on the concrete wall and grandfathering in the height of the current steeple, parking lot landscaping, maximum height requirement, the masonry wall requirement would be deleted and we approve the use of EIFS and we want to use the word temporary waiver on the wall in this motion. Vice Chairman Stephens asked Shane if he put the fire lanes on the site plan. Shane stated they have. Vice Chairman Stephens continued: 40-ft. landscape buffer along the wall is waived, dumpster must be identified on the site plan and screened with masonry on 3 sides and a gate on the 4th side. Vice Chairman Stephens asked Shane if they’ve taken care of that. Shane said they have. Vice Chairman Stephens asked if they have a photometrics plan. Shane stated that they do. Vice Chairman Stephens stated that in his motion he moves that the landscaping on the blank wall facing Village Trail be waived as it is a long distance from the street. What about the plant list and landscape plan? Do you meet that? Shane stated that they’ve corrected it. Vice Chairman Stephens directed to Shane, “Wheel stops and curbs for parking?” Shane Harris stated that he never understood the question on that one but if there isn’t a curb they will add a wheel stop. Vice Chairman Stephens stated that ADA parking spaces must have wheel stops; everybody knows that and he then moved to waive the planter island requirements. “That’s my motion.” Commissioner Reed seconded the motion and the vote was 6-1 with Commissioner Lancor voting against as he felt the Commission was kicking an incomplete project to the Council. Attachments: Application Homeowners – Email – Masonry Wall Site Plan (Hardcopy – Rolled Set of Plans) Town Council Page 63 of 96 Meeting Date: February 4, 2013 T o w n C o u n c i l P a g e 6 4 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 6 5 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 6 6 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 6 7 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 T o w n C o u n c i l P a g e 6 8 o f 9 6 M e e t i n g D a t e : F e b r u a r y 4 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-56-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title: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. Attachments: Action ByDate Action ResultVer. TITLE 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. EXPLANATION: Request Council approval to solicit proposals for a municipal facility(ies) feasibility study and subsequent design. This is primarily targeted at a Police Facility, but the scope of the study would be an analysis of current municipal facilities and future municipal facility needs, i.e., town hall, public works (street/drainage) yard for storing equipment and bulk supplies, community center, senior citizen center, etc. It is the intent to complete study and design prior to asking Council for a bond issue. If, and when, long-term debt is issued, we would be in a position to ‘turn dirt’ immediately. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Town Council Page 69 of 96 Meeting Date: February 4, 2013 File #: 2013-56-T, Version: 1 Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Recommend approval to submit a Request for Proposal for professional services related to municipal facilities feasibility study and subsequent design of Council-approved projects. Town Council Page 70 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-55-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title: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. Attachments:Denton Joint Contract May 2013.pdf Action ByDate Action ResultVer. TITLE 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. EXPLANATION: This is the annual contract with Denton County to administer the Denton County portion of Trophy Club’s May Election. Denton County has agreed to cover the portion of Tarrant County within Trophy Club as well for the council member, charter amendments, and Special Election for the possible dissolution of EDC 4A and the possible creation of the CCPD, but cannot perform the Tarrant County College District #2 election. Our Tarrant County residents will need to vote in Tarrant County on the Tarrant County College District#2 Ballot. The Tarrant County Elections Administrator Steve Raborn suggested that we wait to make the final decision on whether or not to joint with Tarrant County until after March 6 - the deadline to cancel an election to see if the Tarrant County College District #2 has an election. He also informed me that entities that contract with Tarrant County and do not have any polling places within its jurisdiction, the cost is $400. If the Town Council decides to have a polling location within Trophy Club, the cost will be higher. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of the Denton County joint contract and to wait until after March 6 to decide whether or not to contact with Tarrant County. Town Council Page 71 of 96 Meeting Date: February 4, 2013 Page 1 of 10 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: Town of Argyle City of Aubrey Town of Bartonville City of Celina Town of Copper Canyon City of Corinth Town of Corral City Town of Cross Roads City of Denton Town of DISH Town of Double Oak Town of Flower Mound City of Fort Worth City of Frisco Town of Hackberry Town of Hebron Town of Hickory Creek City of Highland Village City of Justin City of Krugerville City of Krum City of Lake Dallas City of Lakewood Village City of Lewisville Town of Lincoln Park Town of Little Elm Town of Northlake City of Oak Point City of Pilot Point Town of Ponder Town of Prosper Town of Providence Village City of Roanoke City of Sanger Town of Shady Shores City of Southlake Town of Trophy Club Town of Westlake Argyle Independent School District Aubrey Independent School District Celina Independent School District Denton Independent School District Frisco Independent School District Krum Independent School District Lake Dallas Independent School District Lewisville Independent School District Little Elm Independent School District Northwest Independent School District Pilot Point Independent School District Ponder Independent School District Prosper Independent School District Sanger Independent School District Alpha WCID Belmont Fresh Water Supply District No. 1 Belmont Fresh Water Supply District No. 2 Canyon Falls MUD 2 Canyon Falls WCID 1 Clear Creek Watershed Authority Denton County Fresh Water Supply District No. 1-A Denton County Fresh Water Supply District No. 1-B Denton County Fresh Water Supply District No. 1-C Denton County Fresh Water Supply District No. 1-D Denton County Fresh Water Supply District No. 1-E Denton County Fresh Water Supply District No. 1-F Denton County Fresh Water Supply District No. 1-G Denton County Fresh Water Supply District No. 1-H Denton County Fresh Water Supply District No. 4 Denton County Fresh Water Supply District No. 4-A Denton County Fresh Water Supply District No. 6 Denton County Fresh Water Supply District No. 7 Denton County Fresh Water Supply District No. 8-A Denton County Fresh Water Supply District No. 8-B Denton County Fresh Water Supply District No. 8-C Denton County Fresh Water Supply District No. 9 Denton County Fresh Water Supply District No. 10 Denton County Fresh Water Supply District No. 11-A Denton County Fresh Water Supply District No. 11-B Denton County Fresh Water Supply District No. 11-C Denton County MUD #7 Lake Cities Municipal Utility Authority Meadows Road Improvement District Mustang SUD North Fort Worth WCID No. 1 Oak Point WCID #1 Oak Point WCID #2 Oak Point WCID #3 Providence Village WCID Smiley Road WCID South Denton County WCID #1 The Lakes Fresh Water Supply District Trophy Club MUD 1 Valencia Town Council Page 72 of 96 Meeting Date: February 4, 2013 Page 2 of 10 This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 11, 2013 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 11, 2013. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to Town Council Page 73 of 96 Meeting Date: February 4, 2013 Page 3 of 10 prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 11, 2013 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 11, 2013 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 11, 2013 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for Town Council Page 74 of 96 Meeting Date: February 4, 2013 Page 4 of 10 picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $7 per hour. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County’s electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton County’s eSlate electronic voting system. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to Town Council Page 75 of 96 Meeting Date: February 4, 2013 Page 5 of 10 assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address for the Denton County Early Voting Clerk is: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots, that are sent by a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be available the following business day. The Elections Administrator shall post on the county website each participating authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Sections 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager Presiding Judge: Jason Barnett, Deputy Elections Administrator Alternate Judge: Paula Paschal, Contract Manager Town Council Page 76 of 96 Meeting Date: February 4, 2013 Page 6 of 10 The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, no later than three days after Election Day of the date of the canvass. The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority, unless requested otherwise. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Denton County Elections will consider conducting elections in territories outside of Denton County on a case-by- case basis. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election, shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 11, 2013 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 22, 2013. This date may be negotiable based on the Secretary of State’s calendar for elections in 2012. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing Town Council Page 77 of 96 Meeting Date: February 4, 2013 Page 7 of 10 the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee, if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county Town Council Page 78 of 96 Meeting Date: February 4, 2013 Page 8 of 10 records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. Town Council Page 79 of 96 Meeting Date: February 4, 2013 Page 9 of 10 XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 11, 2013 election (or runoff election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Estimated Deposit Political Subdivision Cost Town Council Page 80 of 96 Meeting Date: February 4, 2013 Page 10 of 10 XVII. SIGNATURE PAGE (separate page) Revised 1.16.2013 (11:36 a.m.) Town Council Page 81 of 96 Meeting Date: February 4, 2013 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the _____ day of ___________, 2013 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the 4th day of February, 2013 been executed on behalf of the Town of Trophy Club pursuant to an action of the Town Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: APPROVED: ATTESTED: _____________________________________________ _______________________________________ Connie White, Mayor Shannon DePrater, TRMC, Town Secretary Town of Trophy Club Town of Trophy Club Town Council Page 82 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-62-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Consider and take appropriate action appointing two Council members to serve on the Audit Subcommittee. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action appointing two Council members to serve on the Audit Subcommittee. EXPLANATION: The audit subcommittee is a group of individuals assigned specific responsibility for addressing issues related to the independent audit of the financial statements on behalf of the Town. The audit subcommittee is currently comprised of the Mayor, one council member, Town Manager, Assistant Town Manager, and Director of Finance. The committee has one vacancy created by last year’s election. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends immediate appointment to fill the vacancy on the audit subcommittee. Town Council Page 83 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-63-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/30/2013 Town Council On agenda:Final action:2/4/2013 Title:Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. Attachments:CM Proposed Amendment - Add One Councilmember Redline 013013.pdf Population vs Representation.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a proposed Charter amendment to add one Councilmember. EXPLANATION: Councilmember Rose submitted language for a proposed Charter amendment to add an additional Council seat at the November 2013 election. The document in the backup contains the language submitted by Councilmember Rose and redline comments from the Town Attorney. Town Council Page 84 of 96 Meeting Date: February 4, 2013 Bill Rose 01-27-13 Page 1 of 3 Add One Councilmember at the November 2013 Election 3.01 Number, Selection, Term The Council shall consist of six seven (7) members (6) members [seven (7) members (effective at the November 2013 election)], a Mayor and five (5) Councilmembers [six (6) Councilmembers (effective at the November 2013 election)], elected from the Town at- large-by-place in the manner provided in Article V, for a term of three (3) years or until their successors have been elected and take office as provided in Article V. Each Councilmember shall be elected to and occupy a place on the Council, such Places being numbered (e.g., Place 1, Place 2, Place 3, etc.). 05-09-09-1, (Amended Section 3.01), Ord. 2009-12- Prop #4 NOTE: This is the same language that was used last time for the implementation term. The section states that Council members will be elected “in the manner provided in Article V” which will cover the November, 2013 election date. 5.01 Elections The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2009 at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and five (5) Councilmembers [six (6) Councilmembers (effective at the November 2013 election)] shall be elected and serve in the following manner: (a) The Mayor shall have a three-year term beginning with the May 2011 election. (b) Councilmembers elected at the May 2009 election shall draw lots to determine Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election; thereafter, Places 1 and 2 shall have three year terms. (c) Councilmembers elected at the May 2008 election shall draw lots to determine Places 3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three year terms. (d) A Councilmember elected to Place 6 shall receive terms congruent with Place 5. Formatted: Highlight Formatted: Font: Not Bold, Not Italic Town Council Page 85 of 96 Meeting Date: February 4, 2013 Bill Rose 01-27-13 Page 2 of 3 (d) A Councilmember shall be elected to Place 6 at the November 2013 election for an initial term of office expiring at the May, 2016 election;. Place 6 shall receive a term of office lasting until the May 2016 election is canvassed; thereafter Place 6 shall have three year terms. (e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. (See Editor’s Note 1 below) (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. (See Editor’s Note 2 below) Amended 05-09-09-1, Sub-Sections (a-e and added f and g) Ord. 2009-7/12- Prop #4 Editor’s Note 1: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #4 made the following changes: Deleted the original 5.01 (e) which read “Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required.”; Added subsections “(e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if.here are only two (2) candidates, as to the two (2) candidates, the Town Council Page 86 of 96 Meeting Date: February 4, 2013 Bill Rose 01-27-13 Page 3 of 3 Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved.” Renumbered 5.01 (e) to 5.01 (h) 08-24-09, Ord. 2009-21, Amended 05-09-09-1, Ord. 2009-7/12- Prop #13 Editor’s Note 2: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #13 made the following changes: First sentence, following the word “by” deleted the word “Council” at the end of the sentence and following the word “by” added “the Council in accordance with the Texas Election Code.”; Deleted a second sentence which read “The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates.” ARTICLE XII. TRANSITIONAL PROVISIONS 12.06 Transition to Six (6) Councilmembers The sixth Councilmember shall be elected at the November 2013 election in accordance with the Texas Election Code. Town Council Page 87 of 96 Meeting Date: February 4, 2013 Number of Persons Represented by a Councilmember’s Vote: Before adding Mayor voting on all issues at the May 2009 election ------1 to 1482 After adding Mayor voting on all issues at the May 2009 election ---------1 to 1235 Before adding a sixth Councilmember at the November 2013 election---1 to 1786 After adding a sixth Councilmember at the November 2013 election------1 to 1531 Based on TML data: Smallest Texas city with a Mayor and six Councilmembers is Nassau Bay, population 4,090. Ratio---1 to 584. Eight Texas cities with a 2010 census population less than 6,000 have seven member councils: Nassau Bay, Rockdale, Lake Worth, Colorado City, Denver City, Bowie, Dimmitt, and Granite Shoals. Average population: 4,705 Ratio---1 to 672 Population Computation based on Building Permits (NCTCOG factor 2.71 persons per house) Estimated May 2009 election population* 7,409 May through December 2009---168 homes permitted 455 January through March 2010---59 homes permitted 160 March 2010 US Census population (baseline) 8,024 April through December 2010---152 homes permitted 412 January through December 2011---275 homes permitted 745 January through December 2012---338 homes permitted 916 Estimated January 2013 population 10,097 January through October 2013---229 homes permitted estimate 621 Estimated November 2013 election population 10,718 *Charter Amended May 9, 2009 Town Council Page 88 of 96 Meeting Date: February 4, 2013 Building Permits Issued 2008-09 2009-10 2010-11 2011-12 2012-13 October 11 14 10 20 22 November 7 16 18 21 15 December 11 13 17 53 15 January 12 11 10 40 February 4 13 12 26 March 17 35 24 34 April 6 9 17 22 May 24 16 14 25 June 20 22 29 16 July 41 16 34 30 August 20 17 14 17 September 20 27 26 34 193 209 225 338 52 275 projected for the FY 2008 TML Survey: Only 5 of 256 cities reported having a Mayor voting with 5 other Council members. Thirty-six Texas cities have a population from 9,336 to 12,920 according to City-Data dot Com. More cities of this size have seven Council members including the Mayor than either of the other categories (source TML). Five Council members including Mayor: 9 Five Council members plus a Mayor not voting: 1 Five Council members plus a Mayor only voting in tie: 10 Five Council members plus a Mayor voting on all issues: 1 Total: Five Council members plus a Mayor: 12 Seven Council members including a voting Mayor: 13 Data from City-Data Andrews 10,448 5 + M Vote in tie Athens 12,154 5 Azle 11,520 7 Beeville 12,529 5 Bellmead 9,653 6 M votes all issues Boeme 10,639 5 + M Vote in tie Bonham 10,527 7 Burkburnett 10,501 7 Town Council Page 89 of 96 Meeting Date: February 4, 2013 Clute 10,915 5 + M Vote in tie Crowley 12,920 7 El Campo 10,795 7 Elgin 9,916 9 Fredricksburg 11,305 5 Freeport 12,618 5 Galena Park 10,160 5 Glenn Heights 11,344 7 Henderson 11,647 5 + M Vote in tie Hidalgo 12,250 5 + M No vote Highland Park 9,336 5 + M Vote in tie Jacinto City 9,870 5 + M Vote in tie Kilgore 12,176 5 Lakeway 11,467 7 Leander 11,119 7 Leon Valley 11,020 5 + M Vote in tie Levellland 12,465 5 Lumberton 10,663 7 Raymondville 9,392 5 Robinson 10,522 7 Santa Fe 10,797 5 + M Vote in tie Seabrook 11,480 7 Seagoville 12,319 5 + M Vote in tie Snyder 10,565 7 Sweetwater 10,703 5 Tomball 10,209 5 + M Vote in tie Trophy Club 8,376 6 M votes all issues Vernon 10,798 5 Vidor 10,715 7 Town Council Page 90 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-57-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Town Manager Slye's update regarding the following; discussion of same. - Community Development - Transportation - Council Retreat - Audit - CCPD Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of same. - Community Development - Transportation - Council Retreat - Audit - CCPD Town Council Page 91 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-58-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title: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 Attachments: Action ByDate Action ResultVer. TITLE 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 Town Council Page 92 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-59-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 93 of 96 Meeting Date: February 4, 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 94 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-60-T Name: Status:Type:Agenda Item Executive Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 Title: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 Attachments: Action ByDate Action ResultVer. TITLE 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 Town Council Page 95 of 96 Meeting Date: February 4, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-61-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/29/2013 Town Council On agenda:Final action:2/4/2013 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 96 of 96 Meeting Date: February 4, 2013