Loading...
Agenda Packet TC 09/03/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMTuesday, September 3, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1.2013-517-T Consider and take appropriate action regarding the Minutes dated: - August 8, 2013 - August 19, 2013 tcm 8-8-13.pdf tcm 8-19-13.pdf Attachments: 2.2013-518-T Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2013-2014; and authorizing the Mayor or her designee to execute all necessary documents. SRO Staff Report.pdf Interocal Agreement SRO.pdf Attachments: Town Council Packet 1 of 115 September 3, 2013 September 3, 2013Town Council Meeting Agenda 3.2013-519-T Consider and take appropriate action regarding an agreement between the Town and Brian Hall, d/b/a Brian The Animal Guy for animal control services; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report Animal Control.pdf Interlocal Agrmt Animal ControlFY 14.pdf Attachments: 4.2013-520-T Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Shared Governance Communications and Dispatch Services System; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report Communications.pdf 2013-14 CommunicationAgencyInterlocalAgrmt EXHIBITS FY14.pdf Attachments: 5.2013-521-T Consider and take appropriate action regarding an Interlocal Agreement between the Town and the Texas Department of Public Safety for the purchase of various law enforcement supplies, including alcohol blood test kits, urine specimen kits, and gunshot residue kits; and authorizing the Mayor or her designee to execute all necessary documents. DPS Staff Report.pdf DPS Interlocal Agrmt.pdf Attachments: 6.2013-473-T Consider and take appropriate action regarding a request for approval of an Amended Plat for Neighborhood 7, Phase 2G, approximately 32.297 acres located in The Highlands at Trophy Club, east of Broadway Drive, north of Trophy Park Drive, and west of Freedom Dog Park. NH 7 2G Amended Plat Staff Report.pdf Application.pdf Attachments: Town Council Packet 2 of 115 September 3, 2013 September 3, 2013Town Council Meeting Agenda 7.2013-541-T Consider and take appropriate action regarding the following Ordinances amending the Town's Fee Schedule: - (A) An Ordinance repealing Section 8.03, "Community Development Department" of Article VIII, Chapter 1 of the Code of Ordinances of the Town relative to fees for various commercial and miscellaneous permits; and adopting a new Section 8.03, "Community Development Department" establishing fees for various commercial and miscellaneous permits; providing for publication; and providing an effective date. - (B) An Ordinance amending Section 8.11, "Police Department" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for participation in Concealed Handgun Licensing classes conducted by the Trophy Club Police Department; providing for publication, and providing an effective date. Item (A) Comm Dev Fees Staff Report.pdf Item (A) ORD 2013-27 Comm Dev Fees.pdf Item (A) Section 8.03.pdf Item (B) CHL Staff Report.pdf Item (B) ORD 2013-24 CHL Fees.pdf Attachments: REGULAR SESSION 8.2013-516-T Presentation of a proclamation for United Way declaring September as "Live United Month". Proclamation United Way.pdfAttachments: 9.2013-528-T Consider and take appropriate action regarding a Resolution creating a Blue Ribbon Panel to study the current governmental structure within the Town of Trophy Club and to make a recommendation to the Town Council; appointing members to serve on the Panel; and providing an effective date. Res 2013-18 Blue Ribbon Panel Town-MUD Consolidation.pdfAttachments: 10.2013-543-T Consider and take appropriate action regarding an Ordinance amending Section 8.12, "Parks and Recreation" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for Trophy Club Park and for the Community Pool; providing for publication, and providing an effective date. Park fee staff report.pdf ORD 2013-26 Schedule of Fees Parks.pdf Attachments: Town Council Packet 3 of 115 September 3, 2013 September 3, 2013Town Council Meeting Agenda 11.2013-542-T Consider and take appropriate action regarding an Ordinance amending Section 1.20 "Licenses and Tags" of Article I, "Animals" of Chapter II, "Animal Control" and amending Subsection "A", "Registration" of Section 8.06, "Animal Control" of Article VIII, "Schedule of Fees" of Chapter 1, "Administration" of the Code of Ordinances of the Town relative to animal registration and the related fee; providing for publication; and providing for an effective date of January 1, 2014. Animal Registration Staff Report.pdf Ord 2013-25 AnimalFeeUpdate.pdf Attachments: 12.2013-523-T Update and discussion regarding Section 551.006 of the Texas Government Code "Written Electronic Communications Accessible to Public" (effective September 1, 2013); consider and provide direction to staff regarding same. SB 1297 Written Electronic Communication.pdfAttachments: 13.2013-486-T Consider and take appropriate action regarding a request for approval of a Site Plan on Lot 2R1, Block B of Trophy Wood Business Center. Staff Report Dr Crumpton Site Plan.pdf Application.pdf Concept Plan - PD25.pdf Town Engineer Approval.pdf Attachments: 14.2013-530-T Town Manager's Update; discussion of same. - November 5, 2013 Election Update - Transportation Update Hwy 114/170 - Indian Creek Project Update - TIRZ No. 1 Board Applicant Update - TCEQ Update 15.2013-531-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - August 23, 2013 - Northeast Courthouse groundbreaking - August 23, 2013 - Women in Government luncheon 16.2013-532-T Future Agenda Items FutureAgendaItemList.pdfAttachments: EXECUTIVE SESSION Town Council Packet 4 of 115 September 3, 2013 September 3, 2013Town Council Meeting Agenda 17.2013-533-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (the Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B) Texas Government Code Section 551.074(a) "Personnel Matters", to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary, Amy Piukana RECONVENE INTO REGULAR SESSION 18.2013-534-T Consider and take appropriate action regarding Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Packet 5 of 115 September 3, 2013 September 3, 2013Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on 8-30-13 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ___________________________________ Amy M. Piukana, 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 Packet 6 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-517-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding the Minutes dated: - August 8, 2013 - August 19, 2013 Attachments:tcm 8-8-13.pdf tcm 8-19-13.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated: - August 8, 2013 - August 19, 2013 Town Council Packet 7 of 115 September 3, 2013 MINUTES FROM TOWN COUNCIL TOWN HALL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: Lake Cities Church of Christ 280 Indian Creek Drive Thursday, August 8, 2013 at 7:00 P.M. The Town Council of the Town of Trophy Club, Texas, met in a Town Hall Meeting on Thursday, August 8, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTIES OF DENTON/TARRANT § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem Bill Rose Council Member, Place 1 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: None TOWN STAFF MEMBERS PRESENT: Mike Slye Town Manager Amy Piukana Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Scott Kniffen Police Chief Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director Ed Helton Streets Director Mayor White announced the date of August 8, 2013, called the meeting to order and announced a quorum at 7:00 p.m. Mike Mallory with Strategic Government Resources was present as the meeting moderator. Pastor Jeff Brooks with Lake Cities Church of Christ led the invocation. 1. Town presentation regarding proposed future unified Town government; discussion of same. Town Manager Mike Slye provided residents with a PowerPoint presentation regarding the proposed Strategic Partnership Agreement for a future Town Government consolidation plan. Mr. Slye explained the pros and cons of managing a Town with two (2) governments and dual taxing entities. 2. Trophy Club Municipal Utility District No. 1 response to Town presentation Town Council Packet 8 of 115 September 3, 2013 August 8, 2013 Town Council Minutes Page 2 of 2 regarding consolidation proposal. Trophy Club Municipal Utility District No.1 Manager Jennifer McKnight explained Trophy Club MUD No. 1 utility services and gave examples, including a price comparison analysis of surrounding cities. Ms. McKnight noted that Trophy Club MUD No. 1 is not interested in consolidating with the Town. 3. Citizen Question and Answer Session. The following residents addressed the Town Council and Trophy Club MUD No.1 District Manager with questions: Mr. and Mrs. James Como, Stanley Capers, Sheri Watkins, Row Eddins, Dena Boudreau, Scott Smith, Jim Hase, Larry Hoover, Adam Broyles, Caroline Avery-Dahl, Marie Frank, Glenn Strother, John Hurst, Pearl Ford, Wesley Carlton and several members from the audience asked questions. Approximately 83 residents were in attendance of the meeting. ADJOURN After discussion, Mayor White thanked everyone for attending and urged citizens to get involved with the community and apply for the Blue Ribbon Panel. The meeting adjourned at 9:19 p.m. Attest: Signed: ___________________________________ ___________________________________ Amy M. Piukana, TRMC; Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Packet 9 of 115 September 3, 2013 MINUTES FROM TOWN COUNCIL REGULAR MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 19, 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, August 19, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTIES OF DENTON/TARRANT § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem Bill Rose Council Member, Place 1 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mike Slye Town Manager Amy Piukana Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director Mayor White announced the date of August 19, 2013, called the meeting to order and announced a quorum at 6:03 p.m. WORKSHOP SESSION 1. Blue Ribbon Panel overview and meeting with applicants; discussion of same. Mayor White provided a brief overview of the Blue Ribbon Panel, introducing Town Manager Mike Slye as the Board Liaison. Mayor White invited the applicants to introduce themselves and ask any questions regarding serving on the panel. Mayor White noted that the Town Council will appoint Panel Members at the September 3, 2013 Town Council Meeting. Town Council Packet 10 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 2 of 10 The following Blue Ribbon Panel Applicants addressed the Council: Bob Arnold, Lou Opipare, Wanda Franklin, Nicole Fontayne, Caroline Avery-Dahl, Mitchell Christoffer, James Como, Ajay Malhotra, Sandra Millett, Wesley Carlton, Ronald Bieker, Larry Hoover, Adam Broyles, Brenda Mahon, Jared King, Joe Hennig, Jim Hase, Wanda Franklin, Timothy Gamache, Brenda Crayne, Ronald Eddins, Darryl Howard, Gene Popik, Jeremy Lua, Patrick Arata Mayor White and the Council expressed gratitude to all applicants who applied for the Blue Ribbon Panel. 2. Discussion of Agenda Items posted for consideration on the Regular Session Council Agenda for the August 19, 2013 meeting. 3. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the September 3, 2013 meeting. Mayor White called a short break at 7:20 p.m. CONVENE INTO REGULAR SESSION – 7:25 P.M. INVOCATION - The invocation was offered by Police Chief Scott Kniffen. PLEDGES – The Pledge of Allegiance to the American and Texas Flags were led by Fire Chief Danny Thomas. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. The following resident(s) spoke under citizen presentations: Dena Boudreau - spoke regarding her interest in participating on the Blue Ribbon Panel. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4. Consider and take appropriate action regarding the following minutes: - August 2, 2013, Special Town Council Budget Workshop Meeting - August 5, 2013, Regular Town Council Meeting - August 12, 2013, Special Called Town Council Meeting Town Council Packet 11 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 3 of 10 5. Consider and take appropriate action regarding an Ordinance amending Subsection 7 of Section 2.02(B), "Speed of Vehicles" of Article II, "Traffic and Vehicles" of Chapter 10, "Public Safety" of the Code of Ordinances of the Town to extend the length of an existing school zone on Trophy Club Drive, south of its intersection with Bobcat Boulevard and extending north on Trophy Club Drive; providing a penalty for violation not to exceed $200.00 for each offense; and providing an effective date. Motion made by Council Member Rose to approve Consent Item 4, as amended, and Consent Item 5, as presented. Motion seconded by Council Member Schroeder. Motion approved unanimously. PUBLIC HEARING 6. Conduct a Public Hearing to consider a Hazardous Mitigation Action Plan (HMAP). Town Manager Mike Slye introduced Katie Hogan with Freese and Nichols, Inc., who provided an overview and update regarding the HMAP process. There were no citizens present to speak for and/or against this item. 7. Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2013-2014 submitted to the Town Council by the CCPD Board. Police Chief Scott Kniffen addressed Council regarding this item. There were no citizens present to speak for and/or against this item. 8. Conduct a Public Hearing to consider the creation of tax increment Reinvestment Zone Number One, Town of Trophy Club, Texas, located within the boundaries of the Town on approximately 30.5 acres near the intersection of State Highway 114 and Trophy Wood Drive in the southeast corner of the Town of Trophy Club, Texas, and other matters related to the proposed Zone. Town Manager Mike Slye introduced David Pettit, with Bennett Benner and Pettit, who provided an overview of the TIRZ No. 1 proposal. There were no citizens present to speak for and/or against this item. 9. Conduct a Public Hearing regarding a request for a zoning change from “PD” Planned Development No. 26, Trophy Club Physician's Hospital, for a hospital use to "PD" Planned Development No. 33, Hillside Pointe, for single family residential use. Town Council Packet 12 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 4 of 10 Community Development Director Carolyn Huggins addressed the Council regarding this item. Developer Erin Kitchens and Home Builder Jim Monk were present to answer any questions. The following resident(s) addressed Council regarding the Public Hearing: Larry Hoover – spoke in opposition; had concerns regarding loss of tax revenue with the rezoning, landscape buffer issues, and slope and drainage concerns. Greg George – spoke in support, however; asked that lot sizes be increased, urged Council to enforce no structures be built within 10 feet of the adjacent residential property lines and asked that any possible drainage issues be addressed. Jim Pearson – spoke in opposition; had concerns regarding privacy and the types of use for property located adjacent to a residential property. Mayor White called a short break. REGULAR SESSION Council skipped to Item No. 11. 11. Consider and take appropriate action regarding an Ordinance of the Town designating a certain contiguous geographic area in the Town as "Reinvestment Zone Number One, Town of Trophy Club, Texas; creating a Board of Directors for the Zone; providing effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone; containing other matters related to the Zone; and providing an effective date. Motion made by Council Member Rose to approve an Ordinance of the Town designating a certain contiguous geographic area in the Town as Reinvestment Zone Number One, Town of Trophy Club, Texas; creating a Board of Directors for the Zone; providing effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone; containing other matters related to the Zone; and providing an effective date. Motion seconded by Council Member Schroeder. Motion approved unanimously. 12. Consider and take appropriate action regarding Ordinance 2013-21 PZ amending the Town’s Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 5.596 acre tract of land located generally along Trophy Wood Drive to the south of Hanna Ct. from its current zoning of "PD" Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 for single family residential use, providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Town Council Packet 13 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 5 of 10 Motion made by Council Member Mayer to approve Ordinance 2013-21 PZ amending the Town’s Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 5.596 acre tract of land located generally along Trophy Wood Drive to the south of Hanna Ct. from its current zoning of "PD" Planned Development No. 26 for hospital use to "PD" Planned Development No. 33 for single family residential use, providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Motion seconded by Council Member Rose. The following resident(s) addressed Council regarding this item: Larry Hoover - spoke in opposition; had concerns regarding landscape buffer issues, slope and possible drainage issues. Jim Pearson - spoke in opposition; had concerns with the property use and felt it could negatively impact the adjacent residential properties. Mr. Pearson asked that the lot sizes be increased and trees be saved. The main motion was approved unanimously. Motion made by Council Member Rose to amend and remove under Item (3) the wording, “Limitation of uses. Any use not expressly permitted herein is prohibited.” Motion seconded by Council Member Tiffany. Motion failed by vote of 2-4, Mayor Pro Tem Tiffany, Council Member Schroeder, Council Member Mayer, Council Member Lamont voting against. Motion made by Council Member Rose to amend the wording under Item (8) “Depth of rear yard, feet” to read, “There shall be rear yard having a depth of not less than fifteen (15) feet measured from the dwelling to the rear property line.” Motion to amend made by Council Member Mayer that setbacks for Lots 5-16 be amended to ten (10) feet and all others remain as submitted. Motion seconded by Mayor Pro Tem Tiffany. Motion approved by vote of 4-2, Council Member Rose and Council Member Lamont voting against. Motion made by Council Member Rose to amend Item C.(2) to read, “All garages must have a minimum two (2) foot offset between the front elevation of the house and garage, and all garage doors must be stained cedar.” Motion seconded by Council Member Lamont. Motion to withdraw the amendment made by Council Member Rose. Motion to withdraw the second made by Council Member Lamont. Town Council Packet 14 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 6 of 10 Motion made by Council Member Rose to amend Item C.(2) to add, “all garages must have a minimum two (2) foot offset between the front elevation of house and garage.” Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to amend Item D.(1) to read, “The exterior surface on all main and accessory buildings shall be constructed of one hundred percent (100%) natural or manufactured stone, brick, or stucco.” Motion seconded by Council Member Lamont. Motion approved unanimously. Motion made by Council Member Rose to amend Item D.(1) to read, “The exterior surface masonry requirement shall exclude doors, windows, and porches.” Motion seconded by Council Member Lamont. Motion approved unanimously. Motion made by Council Member Rose to amend Item D.(2) to exclude the word “Spanish tile” and replace with the wording “concrete tile.” Motion dies from lack of second. Motion made by Council Member Rose to amend Item D.(2) to remove the word, “material” at the end of the sentence. Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. Motion made by Council Member Rose to amend and add an Item D.(6) to read, “Covered front porches in an area of at least sixty (60) ft. shall be covered by the main roof or architectural extension.” Council Member Mayer made a motion to call for the question. Motion seconded by Mayor Pro Tem Tiffany. Council Member Mayer made a motion to withdraw his call for the question. Mayor Pro Tem Tiffany made a motion to withdraw her second. Motion made by Council Member Rose to add, “Elevations: single family house plans shall vary from lot to lot as follows: (a.) The same floor plan with the same elevation shall be separated by four (4) lots between them on the same side of the street and by a minimum of two (2) lots between them on the opposite side of the street with no two elevations located on an adjacent lot directly to the rear. (b.) The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same side and on the opposite side of the street.” Motion made by Council Member Rose to amend above wording, “separated by four (4) lots to three (3) lots.” Motion seconded by Council Member Schroeder. Motion approved unanimously. Motion made by Council Member Rose to add, “Gifts to the Street: All buildings shall utilize at least three (3) of the following design features to provide visual relief along the front of the residence: architectural garage doors, architectural pillars or posts, bay window, brick chimney on an exterior wall, cast stone accents, covered front porches, cupolas or turrets, dormers, gables, metal roof accents, multiple types Town Council Packet 15 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 7 of 10 of exterior accents, recessed entries a minimum of three feet deep, 8/12 primary roof pitch, separate trans windows, variable roof pitch and shutters. (3.) In addition to those above, exposed aggregate driveway, 10/12 pitch roof, masonry arches, two carriage lights on the front of the home, divided light windows.” Council Member Mayer made a motion to call for the question. Motion seconded by Mayor Pro Tem Tiffany. Motion approved by vote of 4-2, Mayor White and Council Member Rose voting against. Motion to amend by Council Member Bill Rose to reconsider his prior motion. Motion seconded by Council Member Mayer. Motion made by Council Member Rose to amend Item 4(b.) the motion to read, “All fencing adjacent to the commercial property to the south and adjacent to the water tower property shall be eight (8) feet in height and shall be of masonry brick or stone material. In this instance, parallel fencing shall be allowed.” Motion seconded by Council Member Mayer. The following resident(s) addressed Council regarding this item: Larry Hoover - spoke in opposition of parallel fencing, citing possible health issues. Motion failed by vote of 3-3, Mayor Pro Tem Tiffany, Council Member Lamont, and Council Member Schroeder voting against. Motion made by Council Member Rose to remove Item G(4d.) titled “Fencing adjacent to existing lots.” Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. Motion made by Council Member Rose to remove the last sentence in Item (H). “Existing trees may be pruned and underbrush cleaned, but no landscaping other than sod or ground covering shall be permitted under the tree canopy and no irrigation may be installed.” Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to remove Item (K) and reorder section appropriately. Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to reconsider the entire motion with all amendments. Motion seconded by Council Member Mayer. Motion approved by vote of 4-2, Council Member Schroeder and Council Member Lamont voting against. 13. Discuss and provide direction regarding development fees, Community Pool fees, Trophy Club Park fees, animal registration fees and other miscellaneous fees as set forth in the Town's Schedule of Fees. Town Council Packet 16 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 8 of 10 Parks and Recreation Director Adam Adams addressed the Council regarding proposed Park fees and presented a comparison spreadsheet of proposed amendments. Council Member Schroeder recommended staff reach out to residents and obtain feedback regarding the proposed fee changes. Police Chief Scott Kniffen addressed the Council regarding a proposed annual Animal Registration fee and a Concealed Handgun License fee. Community Development Director Carolyn Huggins briefed Council regarding the proposed adoption of the ICC International Building Code of valuation and fees. There was no action taken regarding this item, discussion only. Council skipped to Item No. 10. 10.Update and discussion regarding Section 551.006 of the Texas Government Code “Written Electronic Communications Accessible to Public” (effective September 1, 2013); consider and provide direction to staff regarding same. Motion made by Council Member Schroeder to table this item until the September 3, 2013 Council Meeting. Motion seconded by Council Member Mayer. Motion approved unanimously. 14. Consider and take appropriate action regarding the approval of the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2013-2014 submitted to the Town Council by the CCPD Board. Motion made by Council Member Schroeder to approve the Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2013-2014 submitted to the Town Council by the CCPD Board. Motion seconded by Council Member Tiffany. Motion approved unanimously. 15. Consider and take appropriate action regarding June and July 2013 monthly financial reports. Town Manager Mike Slye briefed Council regarding this item. Motion made by Council Member Rose to approve the June and July 2013 monthly financial reports. Motion seconded by Council Member Mayer. Motion approved unanimously. 16. Town Council Liaison Updates; discussion of same: - August 12, 2013 Joint Town Council and EDC 4B Meeting; Council Member Mayer - August 13, 2013 Parks and Recreation Board Meeting; Council Member Schroeder Town Council Packet 17 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 9 of 10 Council Member Mayer and Council Member Schroeder provided an update regarding the above items. 17. Town Manager Mike Slye's update regarding the following; discussion of same. - Indian Creek Project Update- Obtained two (2) of the four (4) easements necessary to complete the project. Currently, hiring an independent appraiser. - Feasibility Study Update- GSBS will provide a presentation at the September 9th Town Council Meeting. 18. Mayor and Council updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Metro Chamber Luncheon - Tarrant County Commissioner's Court - Northwest Partners - NCTCOG Emergency Preparedness Planning Council Meeting (EPPC) Mayor White provided updates regarding these items. 19. Items for Future Agendas. No action was taken on this item. EXECUTIVE SESSION Council recessed into Executive Session at 12:25 p.m. 20. Pursuant to Texas Government Code Section 551.074(a)(1) "Personnel Matters", the Town Council will convene into closed executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary, Amy Piukana RECONVENE INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. Motion made by Council Member Mayer to direct the Town Manager to execute the agreement as a result of executive session. Motion seconded by Council Member Schroeder. Motion approved unanimously. ADJOURN Motion made by Council Member Schroeder to adjourn. Motion seconded by Council Member Mayer. Motion approved unanimously. The meeting adjourned at 12:34 a.m. Town Council Packet 18 of 115 September 3, 2013 August 19, 2013 Town Council Minutes Page 10 of 10 Attest: Signed: ___________________________________ ___________________________________ Amy M. Piukana, TRMC; Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Packet 19 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-518-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2013- 2014; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:SRO Staff Report.pdf Interocal Agreement SRO.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2013-2014; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 20 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Town Council Meeting September 3, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action on a interlocal cooperation agreement between Northwest Independent School District and the Town of Trophy Club related to School Resource Officer services to be provided for the 2013-14 school year. Explanation: The Town has provided a School Resource Officer for the four schools in Trophy Club for a number of years. This interlocal agreement provides that NISD will cost-participate in the salary and benefits for the officer as well as provide small amounts for training and vehicle use. Attachments: Interlocal agreement for school resource officer services. Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active life style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #5: Financial and Operational Stewardship Town Council Packet 21 of 115 September 3, 2013 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: Management recommends approval of this interlocal agreement. Town Council Packet 22 of 115 September 3, 2013 SRO NISD FY2013-2014 Agreement 1 STATE OF TEXAS § Interlocal Agreement by and between § The Town of Trophy Club, Texas, and § Northwest Independent School District COUNTY OF DENTON § for School Resource Officer Services This Agreement is entered into upon the date of the last party's signature to this Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest Independent School District, a Texas District located in Denton, Tarrant and Wise Counties, Texas and hereinafter referred to as the "District". The Town and District made the following findings in entering into this Agreement: WHEREAS, this Agreement for School Resource Officer Services is made pursuant to the authority of the Texas Government Code 791.001 -791.0029, known as the Interlocal Cooperation Act; and WHEREAS, the expense of any payments or performance required by this Agreement shall come from current revenues legally available to the parties; and WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the students and each party and that the performance and payment fairly compensates both parties; NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one School Resource Officer for the District as follows: I. Town Obligations The Town agrees to provide one (1) fully qualified peace officer who will be assigned by the Town to serve as the School Resource Officer assigned to Northwest ISD schools located on District property within the Town of Trophy Club, Denton County, Texas. The Town further agrees to supply any and all necessary equipment, including but not limited to uniforms, radio, and personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District, for the consideration provided in sections V below. II. Duties of School Resource Officer 2.01 Duties. While on duty for the District at a campus within the town limits of Trophy Club, the School Resource Officer shall perform and otherwise fulfill the following duties and obligations including, but not limited to the following: Act as a resource person in the area of law enforcement education; Town Council Packet 23 of 115 September 3, 2013 SRO NISD FY2013-2014 Agreement 2 Cooperate and assist, in any manner assigned in compliance with the law by the District, in any District efforts, programs, or classes in Trophy Club to educate students on law enforcement and criminal justice issues; Make arrests and referrals of criminal law violators within the discretion of the School Resource Officer; Conduct or assist in criminal investigations of violations of law on District property in Trophy Club; Provide a law enforcement resource when necessary to maintain the peace on the District’s property in Trophy Club; Perform other duties requested by the District and authorized in advance by the Chief of Police or his or her designee, so long as the performance of such duties is legitimately and reasonably related to the purposes of this Agreement and so long as such duties are consistent with state and federal law and the policies and procedures of the District and the Town; Follow and conform to all policies and procedures of the District that do not conflict with the policies and procedures of the Town. The parties to this Agreement shall abide by all rules, regulations and procedures as outlined in the Civil Rights Act; Develop, evaluate and assist in implementation of security programs within the campuses and schools of the District in Trophy Club; Coordinate with school administrators, staff, other law enforcement agencies and courts to promote order and security on District campuses in Trophy Club; Accompany and provide protection for students and District personnel on curricular and extracurricular trips inside and outside of the Town of Trophy Club when authorized in advance by the Chief of Police or his or her designee; Attend and provide protection at any school related functions in Trophy Club, including, but not limited to, sporting events, class dances and socials, and other social or educational gatherings within District campuses in Trophy Club that are possible within the guidelines of the Town of Trophy Club Personnel policies; Any other duties consistent with law enforcement within the Town of Trophy Club requested by the District and approved by the Town. If at some point, the work schedule of the School Resource Officer does not fulfill the full time requirements of a Town employee, the Town retains the right to direct the activities of the School Resource Officer in order to comply with the full time requirements. 2.02. Property Damage. To the extent provided by law, the Town of Trophy Club or it's Police Department will not under any circumstances be responsible for any property belonging to the District, it's officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged as result of the action or inaction of the School Resource Officer. Town Council Packet 24 of 115 September 3, 2013 SRO NISD FY2013-2014 Agreement 3 III. Assignments A School Resource Officer is an employee of the Town of Trophy Club. This Agreement includes one (1) School Resource Officer. The function of a School Resource Officer is to act as an educator, counselor, and law enforcement official on the campuses of Northwest Independent School District within the town limits of the Town of Trophy Club. The School Resource Officer will be a licensed peace officer under the laws of the State of Texas. The Town will select the officer from the eligible applicants for employment. The District will provide input to the Town regarding the selection, with the final decision regarding employment being the Town’s decision. The District will have the authority to create work schedules and make job assignments while the officer is on-duty at a District campus within the Town of Trophy Club. Any conflict of such schedules or assignments will be referred to the Town and District Liaisons for resolution. The Town Liaison is the Chief of Police. The District Liaison is the District Security Coordinator. IV. District Obligations The District shall provide the following: (1) Office space at Medlin Middle School and Byron Nelson High School; and (2) computer, telephone, and other office equipment as needed by the School Resource Officer for the performance of his or her duties hereunder. V. Funding/Consideration Funding for the School Resource Officer shall be provided as follows: In consideration of the services provided and cross promises hereunder, for the school year of 2013-2014, the District shall pay the Town an amount not to exceed Fifty-three Thousand Six Hundred and Eighty Five Dollars ($53,685.00) for the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the District, the Town shall remain responsible for the balance of the funding required to maintain the officer’s salary and standard Town employee benefits package. At all times under this Agreement, and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security, and for workers compensation, disability benefits and insurance requirements for the School Resource Officer in accordance with the Town’s standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties. Funding for renewal years, if applicable, shall be negotiated by the parties and documented in a written modification to this Agreement approved by the respective governing body for each party hereto in accordance with the terms of this Agreement. VI. Term The term of this Agreement shall be in effect for the 2013-2014 school year with an initial term of one (1) year commencing on or about August 1, 2013 and ending on or about Town Council Packet 25 of 115 September 3, 2013 SRO NISD FY2013-2014 Agreement 4 July 31, 2014 (hereinafter “Initial Term”). After the Initial term, this Agreement may be renewed annually for five (5) additional terms of one (1) year each by written agreement of the parties approved by their respective governing bodies unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice prior to the end of the Initial term or any renewal term. VII. Replacement The District may, for cause, request a replacement of the School Resource Officer. Such a request shall be made through the Town’s Chief of Police, shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town’s staffing level and time required to complete the outside hiring process as necessary. The Town shall have the authority to change personnel serving as the School Resource Officer at any time as determined appropriate by the Town’s Chief of Police. In the event that Town changes such personnel for any reason other than termination of the individual serving as School Resource Officer, Town shall provide written notice to District of such personnel change. VIII. Notices Notice to the Town shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Town Manager Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Superintendent of Schools Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76117 IX. Town Employee The School Resource Officer shall at all times remain an employee of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Subject to Section III of this Agreement, the District shall have the authority to make decisions regarding the officer's assignment and schedule while on-duty at a District campus in the Town of Trophy Club. In non-emergency situations, the District shall request authorization from the Town’s Police Department if the School Resource Officer is needed outside of the Town of Trophy Club to perform duties not directly related to this Agreement. Authorization must be provided by either the Chief of Police or his designee. In an emergency situation, the District shall advise the Chief of Police or designee of the need for the School Resource Officer to attend to the emergency outside of the Town of Trophy Club as soon as practicable. Town Council Packet 26 of 115 September 3, 2013 SRO NISD FY2013-2014 Agreement 5 X. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves, their trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions. XI. Workers Compensation The Town shall provide, during the term of this Agreement, worker’s compensation insurance in the amounts as required by Texas state law, for all Town employees engaged in work under this Agreement. As to all other insurance provided by Town, it shall provide District with documentation indicating such coverage prior to the beginning of any activities under this Agreement. XII. Miscellaneous 11.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and governed by Texas laws, and venue for any disputes or actions arising hereunder shall be exclusive in Denton County, Texas. 11.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to create any rights or obligations other then those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement, including without limitation, any individual serving hereunder as the School Resource Officer. 11.03. Authority to Bind. The undersigned officer and/ or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 11.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party. 11.05. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties as provided herein. 11.06. Non-Waiver. It is agreed that one (1) or more instances of forbearance by Town in the exercise of its rights herein shall in no way constitute a waiver thereof. 11.07. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, Town Council Packet 27 of 115 September 3, 2013 SRO NISD FY2013-2014 Agreement 6 sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11.08. Independent Contractor. Each party covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of the other party; that subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates shown below their respective signatures. NORTHWEST INDEPENDENT SCHOOL DISTRICT _____________________________ __________________________ Title: Date: ATTEST: _________________________________ APPROVED AS TO FORM: TOWN OF TROPHY CLUB, TEXAS By:_____________________________ __________________________ Mayor Date: ATTEST: ________________________________ TOWN SECRETARY APPROVED AS TO FORM: ________________________________ TOWN ATTORNEY Town Council Packet 28 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-519-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding an agreement between the Town and Brian Hall, d/b/a Brian The Animal Guy for animal control services; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report Animal Control.pdf Interlocal Agrmt Animal ControlFY 14.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an agreement between the Town and Brian Hall, d/b/a Brian The Animal Guy for animal control services; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 29 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Town Council Meeting September 3, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action on a contract for animal control services with Brian Hall, AKA Brian the Animal Guy. Explanation: Trophy Club is planning to employ a full-time animal control officer this FY. This proposed agreement should stay in place through FY14. It will continue to reduce the amount of time an animal stays in the local shelter and will ensure that any animal control specific duties, such as euthanasia, not performed by the local animal control officer, can be handled by an outside vendor. These duties will include being the local Rabies Control Authority and assisting the Police Department and full-time ACO with dangerous dog or animal cruelty investigations. Attachments: Proposed Animal Control Contract for FY 14. Town Council Goals: 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: Management recommends approval of this contract. Town Council Packet 30 of 115 September 3, 2013 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by Brian Hall, a private contractor, d/b/a Brian The Animal Guy (hereinafter referred to as “Contractor”) and the Town of Trophy Club, Texas, a municipal corporation, (hereinafter referred to as "Trophy Club" or the "Town"). RECITALS: WHEREAS, Trophy Club is desirous of providing its residents and businesses with animal control services, and WHEREAS, Contractor is desirous of furnishing animal control services to Trophy Club, and WHEREAS, the parties hereto desire to enter into this Agreement to provide animal control services at the highest level possible to Trophy Club in accordance with the terms and conditions set forth herein, and WHEREAS, all payments to be made hereunder shall be made from current revenues available to the Town; and WHEREAS, the parties have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder, and is in the best interest of each party. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING: Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term: This Agreement shall be for a term of twelve (12) months, commencing on October 1, 2013, and ending September 30, 2014, and may be extended thereafter by mutual consent of the parties hereto for an additional term of twelve (12) months. Any extension of the term of this Agreement, including any changes in the terms and conditions, shall require the approval of the governing body of Trophy Club. Section 3. Scope of Services: Contractor hereby agrees to provide Trophy Club the following equipment, services, personnel, and facilities (Section 3 a. - 1., hereinafter collectively referred to as "animal control services"): Town Council Packet 31 of 115 September 3, 2013 a. Request for Animal Impound Services: Contractor upon being notified by Trophy Club Police Department will pick up any impounded animal that has been held at the Trophy Club Shelter through it’s holding period (3 days). Animal will be transported to Contractor’s shelter by Contractor and ownership of said animal will be transferred to Contractor. If, by microchip or tag, the owner of an impounded animal can be identified, the Contractor will, as soon as practical, notify the owner either in person or by telephone of the impoundment. Once transferred, all adoptable animals will be placed up for adoption. Contractor’s adoption contracts and fees will apply to any impounded animal. Similarly, any animals claimed by owner after transfer will have impoundment fees set by Contractor. (SEE h. Schedule of Fees below) Contractor shall use the animal control facility located at: 6200 Mesa Butte Ct. Roanoke, TX 76262 Phone (817) 401-1861 If Contractor desires to change animal control facilities, Contractor must notify Trophy Club at least 48 hours prior to changing facilities. b. Euthanasia Service Calls: Contractor will provide field service calls to humanely euthanize an animal when contacted. This includes skunks in live traps. A wildlife removal fee will only be assessed to resident’s who are not using a Town-owned live trap. c. Monthly Animal Control Reports: Contractor will supply a monthly report to the Town of Trophy Club no later than 4:00 p.m., the first Monday of every month. The report shall summarize all animal control service activity within the Town borders from the previous month. Information provided will include, but is not limited to: date and time of dispatch, type of event, action taken, any pending action, impound numbers of animals, disposition of any impounded animals, etc. d. Owner Surrendered Pet Service: Contractor will accept owner surrendered pets for either adoption placement or humane euthanasia. Contractor may be contacted direct from resident. Surrender fees will apply to resident. Town Council Packet 32 of 115 September 3, 2013 e. Dead Animal Pickup: Contractor agrees to provide removal of dead animals, excluding livestock, within the corporate limits of Trophy Club upon request of the Town. f. Wild Animal Removal: Contractor will remove snakes and other wildlife from the Town resident’s homes or yards. Fees will apply to resident. g. Education: Contractor will provide information to residents on pet responsibility, local animal control ordinances, rabies and coping with wildlife issues. Professional advice will be given to address most animal related problems. h. Rabies Control: Contractor will serve as local Rabies Control Authority and will respond to animal bites, handle quarantine procedures at Contractor’s shelter, and shipment of rabies specimens as necessary. Incident and or bite reports will be taken by Police Department. i. Animal Cruelty Investigations: Contractor will assist the Police Department in the investigation of allegations of animal cruelty. j. Dangerous or aggressive dogs: Contractor will respond to dangerous or aggressive dogs when requested by Police Department. These animals Contractor will transport directly to Contractor’s shelter. k. Schedule of Fees: Animal Impound Fee: $30 per day from animal owner. Wildlife Removal Fee: $30 per visit, charged to the requesting resident. This fee does not apply to animals caught in Town-owned traps. Owner Surrender Fees: $40 per adult dog, $30 per adult cat, $30 per litter of young. Section 4. Trophy Club's Obligations: Trophy Club agrees to perform the following: a. Pay $250 per month, payable on the first day of every month. b. Agree to the "Schedule of Fees" set forth in Section 3.h. Town Council Packet 33 of 115 September 3, 2013 Section 5. Revenues Retained: Trophy Club shall retain all fines, forfeitures, etc. that may be generated by performing ordinance enforcement duties within the Town's boundary. Section 6. Termination: a. This Agreement may be terminated at any time, by either party; giving thirty (30) days written notice to the other party to the addresses provided herein. In the event of such termination by either party, Contractor will be compensated for all service performed to termination date, which will be the date one (1) month after the date of the notice of termination, together with any payments then due and as authorized by this Agreement. b. If Trophy Club fails to make payment to Contractor within thirty (30) days after the date of billing for any invoiced amounts, Contractor, at his discretion, may suspend service until payment is received or may terminate this Agreement by giving proper notice. Trophy Club will not receive credit for time which service is suspended for payment. If it becomes necessary for Contractor to suspend services to Trophy Club for non payment of the invoiced amounts Contractor will identify a date on which the services will be suspended and will notify the Trophy Club liaison officer by telephone and in writing (to the Notice addresses provided in this Agreement) of the date service will be suspended. c. Trophy Club's recourse for failure of Contractor to furnish animal control services under this Agreement will be the right to make a proportionate reduction in the fee to be paid (as determined by mutual agreement of the parties) or terminate this Agreement by giving proper notice. Section 7. Notices: All written notices shall be sent to the following parties by certified mail-return receipt requested: Brian Hall Chief of Police 510 Santa Barbara Dr. Town of Trophy Club Keller, TX 76248 100 Municipal Dr. Trophy Club, TX 76262 Section 8. Dispute Resolution: In order to ensure an effective relationship between the parties and to provide the best possible animal control services, it is mutually agreed that all questions arising under this Agreement shall be Town Council Packet 34 of 115 September 3, 2013 handled and resolved between the Police Chief of Trophy Club and the Contractor. Section 9. Jurisdiction: By this Agreement, Trophy Club grants full and complete authorization and jurisdiction to Contractor for all animal control services provided by Contractor as contained in this Agreement. Said jurisdiction shall apply to the town limits of Trophy Club. Section 10. Venue: Venue for any legal dispute arising pursuant to this Agreement shall be in Denton County, Texas. Section 11. Supervision: At all times during the term of this Agreement, animal control officers and employees that work for Contractor shall be under the supervision and control of a duly authorized representative of Contractor. This does not apply to any ACO employed by Trophy Club. Section l2. Performance: Both parties mutually agree that Contractor is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of Contractor in no way are to be considered employees of Trophy Club. Section 13. Indemnification: Contractor agrees to hold harmless, save and indemnify the Town of Trophy Club and its officers, agents, and employees, for any and all claims for damages, personal injury and/or death that any be asserted against Trophy Club arising from Contractor negligence or its performance hereunder, save and except intentional acts of gross negligence by Trophy Club. The foregoing notwithstanding, the parties hereto reserve the right to all available legal defenses and all protections and limitations of liability provided by the Texas Tort Claims Act and the Texas Constitution relative to these parties. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 14. Insurance: Contractor agrees to procure and maintain, at a minimum, $300,000 liability insurance policy providing coverage against any and all claims for personal injury or property damage arising out of acts, errors, or omissions of Contractor, its officers, employees, or agents under or pursuant to this Agreement, and to name the Town of Trophy Club, its officers, agents, and employees as additional insures under such policy. Contractor will cause the insurance Town Council Packet 35 of 115 September 3, 2013 carrier to prepare and deliver to the Town a Certificate of Insurance evidencing such coverage. IN WITNESS WHEREOF, we have hereunto set our hands this ___________ day of _________, 2013, in duplicate originals. CONTRACTOR TOWN OF TROPHY CLUB BRIAN HALL, D/B/A BRIAN THE ANIMAL GUY _________________________________ __________________ By: Brian Hall, Owner By: Mayor ATTEST: ATTEST: ________________ ________________ By: By: Witness Town Secretary Town Council Packet 36 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-520-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Shared Governance Communications and Dispatch Services System; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report Communications.pdf 2013-14 CommunicationAgencyInterlocalAgrmt EXHIBITS FY14.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Shared Governance Communications and Dispatch Services System; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 37 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Town Council Meeting September 3, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action to approve an interlocal agreement between the Town of Trophy Club and the Denton County Sheriff’s Office for dispatch services in FY 2014. Explanation: Denton County S.O. provides dispatch services for police, fire, and EMS agencies throughout Denton County. This interlocal agreement would provide for a service fee to be paid by the Town of Trophy Club to Denton County for the dispatch services provided. This interlocal agreement sets the fees expected by Denton County at $51,141 for Fiscal Year 2014 which is the same as for Fiscal Year 2013. Attachments: Communications Agency Interlocal Agreement with Exhibits – FY 14 Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active life style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council Packet 38 of 115 September 3, 2013 Recommendation: Management recommends approval of this interlocal agreement. Town Council Packet 39 of 115 September 3, 2013 Mandy Smithers Senior Paralegal & Custodian of Records DENTON COUNTY SHERIFF’S OFFICE 127 N. Woodrow Lane Denton, TX 76205 Phone (940)349-2390 Fax (940) 349-2392 mandy.smithers@dentoncounty.com SHERIFF WILL TRAVIS TO: All Agencies FROM: Mandy Smithers DATE: August 15, 2013 SUBJECT: 2013-14 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System Attached is the 2013-14 Interlocal Agreement for Shared Governance Communications & Dispatch Services System. Cities may combine Police & Fire into one contract. Remember to remit payments to the Denton County Auditor’s Office at the address listed on the Exhibit C, Payment Worksheet. Please send 2 originals to our office when you have approved and signed. The deadline to return the agreements to our office is October 10, 2012. All contracts will be presented to the Commissioners Court on Tuesday, October 22, 2012. A fully executed contract will be mailed back to the cities after Commissioners Court approval. CHECKLIST FOR THE FORMS: 1 Page 1 – Name of Agency 2 Page 4 – Name & Address of Agency 3 Page 6 – Signature Page Name & Address of Agency 4 Exhibit B – Fill in Name of Agency 5 Exhibit B – Sign Agreement 6 Exhibit C – Fill in Payment Worksheet 7 Mail Signed Agreements to address listed above. Return signed contracts to: Mandy Smithers Denton County Sheriff’s Office 127 N. Woodrow Lane Denton, TX 76207 Deadline! Oct. 10th! Town Council Packet 40 of 115 September 3, 2013 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 2013-14 Page 1 STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch Services System, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the “County”, and Name of Agency: hereinafter referred to as “Agency”. WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that the utilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton County Sheriff (“Sheriff”) has the facilities to provide emergency telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the Sheriff’s available telecommunications and dispatch services (“Services”) during the term of this agreement. 2. ADVISORY BOARD. The Denton County Sheriff’s Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System “Advisory Board”. The membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriff’s Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one year period beginning October 1, 2013 and ending on September 30, 2014. 4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing ninety (90) days written notice to the other party. Town Council Packet 41 of 115 September 3, 2013 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 2013-14 Page 2 5. ANNUAL SERVICE FEE. Each Agency shall pay to the County a fee for service for services based on the workload generated by the Agency. 5.1. Agency shall pay to County the Total Amount more fully described on Exhibit “A”, the Agency Workload and Cost Statistics. 5.2. The Agency shall complete Exhibit “B”, Agency Payment Worksheet, to identify the payment terms preferred by Agency. Agency is responsible for sending payments to County. 5.3. The fee for service will be based on the pro rata share of the workload generated by the Agency. 5.4. County agrees to provide Agency a proposed service fees for the next budget/fiscal year as agreed by the parties. 5.5 If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro-rated by written agreement between the parties. 6. COUNTY SERVICES AND RESPONSIBILITIES. The County agrees to provide the following services and responsibilities: 6.1 The Sheriff shall have the sole discretion as to the method of providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 The services provided by County include the following: 6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering point; 6.3.2. receiving emergency and routine calls for law enforcement, fire, and medical services; 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on-going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. 6.4 County may add new Agencies not currently served by Denton County at the discretion of Denton County and the Denton County Sheriff’s Office. 7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2 Furnish County with a current list of all Officers and Reserves authorized Town Council Packet 42 of 115 September 3, 2013 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 2013-14 Page 3 by Agency to use the communications system. 7.3 Agency is responsible for the costs and upgrades associated with maintaining Agency’s communication equipment. 7.4 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff’s Office communications rules and regulations. 7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit “C”. 7.7 Appoint representative and agree to participate in the Advisory Board. 7.8 Agency is responsible for sending payments to County as more fully described in Exhibit “B” to this Agreement. 8. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 10. ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 11. AGENCY LIABILITY. The Agency understands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12. COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. 13. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay Town Council Packet 43 of 115 September 3, 2013 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 2013-14 Page 4 or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A Agency Workload and Cost Statistics Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT Exhibit C Agency Payment Worksheet 15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton, Texas 76201 2 Denton County Sheriff Denton County Sheriff’s Office 127 N. Woodrow Lane Denton, Texas 76205 3 Assistant District Attorney Denton County Criminal District Attorney’s Office 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Contact Person Address City, State, Zip Telephone Town Council Packet 44 of 115 September 3, 2013 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 2013-14 Page 5 17. SEVERABILITY. The validity of this Agreement and/or any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be preformed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 18. THIRD PARTY. This Agreement is made for the express purpose of providing communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 19. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party’s right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 22. CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. 23. DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the Denton County Sheriff’s Office may release dispatch and communication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. Town Council Packet 45 of 115 September 3, 2013 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 2013-14 Page 6 DENTON COUNTY, TEXAS AGENCY ___________________________________ ______________________________________ Mary Horn, County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton, Texas 76201 (940)349-2820 Signature EXECUTED duplicate originals on this Date:________________________ EXECUTED duplicate originals on this Date:___________________________ Approved as to content: _____________________________ Denton County Sheriff’s Office Approved as to content: _____________________________ Agency Approved as to form: _____________________________ Assistant District Attorney Denton County Criminal District Attorney’s Office Approved as to form: _______________________________ Attorney for Agency Town Council Packet 46 of 115 September 3, 2013 Agency Cost Police ARGYLE PD $33,307 AUBREY PD $12,787 BARTONVILLE PD $2,608 CORINTH PD $119,776 DOUBLE OAK PD $9,833 HICKORY CREEK PD $32,136 JUSTIN PD $5,568 KRUGERVILLE PD $9,090 KRUM PD $22,705 LITTLE ELM PD $59,813 NORTHLAKE PD $36,164 OAK POINT PD $16,324 PILOT POINT PD $21,379 PONDER PD $1,677 SANGER PD $27,830 TROPHY CLUB PD $51,141 Fire ARGYLE FD $3,925 AUBREY FD $7,058 JUSTIN FD $2,614 KRUM FD $3,193 LAKE CITIES FD $8,191 LITTLE ELM FD $7,052 OAK POINT FD $1,301 PILOT POINT FD $3,219 SANGER FD $4,282 TROPHY CLUB FD $2,518 Denton County Sheriff's Office Communications & Dispatch 2013‐2014 Agency Costs Town Council Packet 47 of 115 September 3, 2013 TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2013-14 Twenty-Four Hour Terminal Agency DENTON COUNTY SHERIFF’S OFFICE Non Twenty-Four Hour Terminal Agency This document constitutes an agreement between the following parties: The Twenty-Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty-Four Hour Terminal Agency. All records must be entered with the Twenty-Four Hour Agency’s ORI, and all case reports and original warrants must be held at the Twenty-Four Hour Agency for hit confirmation purposes. The Non Twenty-Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty-Four Hour Agency reserves the right to suspend service to the Non Twenty-Four Hour Agency which may include canceling of records entered for the Non Twenty-Four Hour Agency when applicable policies are violated. The Twenty-Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty- Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty-Four Hour Agency and to immediately notify the Twenty-Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty-Four Hour Agency agrees to enter, update and remove all records for the Non Twenty-Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty-Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty-Four Hour Agency. Either the Twenty-Four Hour Agency or the Non Twenty-Four Hour Agency may, upon thirty days written notice, discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty-Four Hour Agency agrees to indemnify and save harmless the Twenty-Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty-Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials. DENTON COUNTY SHERIFF’S OFFICE AGENCY By: Will Travis By: Title: Denton County Sheriff Title: Date: ________________________________ Date: Town Council Packet 48 of 115 September 3, 2013 2013 -14 Budget Year Denton County Sheriff’s Office Communications Agreement Agency Payment Worksheet Agency: Payment Contact Person: Phone Number: Address: City, State, Zip AGENCY TOTAL AMOUNT DUE $ Agency Should Include this Worksheet with Each Payment Sent to Denton County. Make checks payable to: Denton County Mail payments to: Communications Agreement Payments Denton County Auditor 401 W. Hickory, Suite 423 Denton, Texas 76201-9026 Payment Plan Options Agency MUST Select One Payment Option 1 One Annual Payment (100%) 2 Two Payments (50%) 3 Four Payments (25%) 4 Twelve Monthly Payments 5 Other Payment Option Town Council Packet 49 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-521-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and the Texas Department of Public Safety for the purchase of various law enforcement supplies, including alcohol blood test kits, urine specimen kits, and gunshot residue kits; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:DPS Staff Report.pdf DPS Interlocal Agrmt.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the Texas Department of Public Safety for the purchase of various law enforcement supplies, including alcohol blood test kits, urine specimen kits, and gunshot residue kits; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 50 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Texas DPS Interlocal Cooperation Contract ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding an interlocal cooperation contract between the Texas Department of Public Safety and the Town of Trophy Club. Explanation: The department is able to purchase certain items including alcohol blood test kits, urine specimen kits, and gunshot residue kits from TDPS but we have to have a current contract to do so. Our current contract expires August 31, 2013. The attached contract will be good through August 31, 2015. These supplies conform to the requirements DPS sets for them to ensure proper evaluation of evidence. Attachments: Interlocal Cooperation Contract. Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Goal #5: Financial and Operational Stewardship Implement strong financial management standards Improve effectiveness and efficiency of operational processes Provide cost-effective services Deliver responsible customer service Recommendation: Management recommends approval of this contract. Town Council Packet 51 of 115 September 3, 2013 T o w n C o u n c i l P a c k e t 5 2 o f 1 1 5 S e p t e m b e r 3 , 2 0 1 3 T o w n C o u n c i l P a c k e t 5 3 o f 1 1 5 S e p t e m b e r 3 , 2 0 1 3 T o w n C o u n c i l P a c k e t 5 4 o f 1 1 5 S e p t e m b e r 3 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-473-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/4/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding a request for approval of an Amended Plat for Neighborhood 7, Phase 2G, approximately 32.297 acres located in The Highlands at Trophy Club, east of Broadway Drive, north of Trophy Park Drive, and west of Freedom Dog Park. Attachments:NH 7 2G Amended Plat Staff Report.pdf Application.pdf Action ByDate Action ResultVer. Planning & Zoning Commission8/15/2013 1 Consider and take appropriate action regarding a request for approval of an Amended Plat for Neighborhood7, Phase 2G, approximately 32.297 acres located in The Highlandsat Trophy Club, east of Broadway Drive, north of Trophy Park Drive, and west of Freedom Dog Park. Town Council Packet 55 of 115 September 3, 2013 REQUEST: Consider a recommendation of approval of an Amended Plat of Neighborhood 7, Phase 2G. The original plat for Neighborhood 7, Phase 2G was approved by Council on June 4, 2012 and filed in Denton County on September 28, 2012, document number 2012-223. The original plat shows 12 lots with 16-ft. side yard setbacks adjacent to a side street. The side yard setback on those 12 lots should have been 15-ft. as allowed by the PD-27 zoning for Lot Type 3 lots in The Highlands. The applicant requests approval of an amended plat to correct the scrivener errors of the side building line adjacent to a side street on the following 12 lots: Block Q, Lots 17, 18 and 30 Block R, Lots 1 and 21 Block S, Lots 1, 12, 13 and 21 Block T, Lot 1 Block V, Lots 1 and 16 Two additional lots, Block R, Lots 12 and 13, have 15-ft. side yards that were mislabeled as 25-ft. In addition, Plat Note #6 has been added as an Affidavit of Correction to show that Lots 20 through 40, Block L, exceed elevations of 572. The applicant made scrivener errors and requests approval of an amended plat to correct the errors. LOCATION: This property is located on the north side of Trophy Park Drive generally between Broadway Drive and Freedom Park. TOWN COUNCIL STAFF REPORT September 3, 2013 Case No. AP-13-018 Amended Plat The Highlands at Trophy Club Neighborhood 7, Phase 2G Town Council Packet 56 of 115 September 3, 2013 ZONING: Planned Development District No. 27 (PD-27). The 114 single family residential lots on this plat are Lot Type 3 lots. LOT TYPE 3 DEVELOPMENT STANDARDS : Minimum Lot Size: 8,400 square feet Front Yard: 25-ft. Rear Yard: 20-ft. Side Yard: 5-ft. Side Yard Adjacent to Street: 15-ft. Minimum Lot Depth: 110-ft. Minimum Lot Width: 70-ft. measured at Front Build Line Minimum Lot Width adjacent to street: 80-ft. measured at Front Build Line Minimum House Size: 1,800 sq. ft. REVIEW: The plat was reviewed in accordance with the Town of Trophy Club Subdivision Rules & Regulations for amended plats. The corrections are in compliance with those regulations. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this request on August 15, 2013. The following are minutes from the meeting: Chairman Senelly called forward the applicant, Peloton Land Solutions. Travis Clegg, Peloton Land Solutions, stated that this is an amended plat to correct the 16-ft. side yard building lines so that the plat matches the 15-ft. minimum side yards allowed by zoning. The builder was not able to put the pads they wanted on the corner lots. This was a clerical error and this amended plat is to correct those errors. Chairman Senelly stated that one correction is to fix a label that was 25-ft. instead of 15-ft. Mr. Clegg responded that the line was drawn correctly on the plat but it was mislabeled. There were no further questions or discussion from the Commissioners and Commissioner Sadley moved to approve. Commissioner Sheridan seconded the motion and the Chairman called for the vote which was unanimous. ch Attachments: Application Final Plat, Neighborhood 7, Phase 2G Approved June 4, 2012 (hardcopy) Amended Plat, Neighborhood 7, Phase 2G (hardcopy) Town Council Packet 57 of 115 September 3, 2013 T o w n C o u n c i l P a c k e t 5 8 o f 1 1 5 S e p t e m b e r 3 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-541-T Name: Status:Type:Agenda Item Draft File created:In control:8/28/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding the following Ordinances amending the Town's Fee Schedule: - (A) An Ordinance repealing Section 8.03, "Community Development Department" of Article VIII, Chapter 1 of the Code of Ordinances of the Town relative to fees for various commercial and miscellaneous permits; and adopting a new Section 8.03, "Community Development Department" establishing fees for various commercial and miscellaneous permits; providing for publication; and providing an effective date. - (B) An Ordinance amending Section 8.11, "Police Department" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for participation in Concealed Handgun Licensing classes conducted by the Trophy Club Police Department; providing for publication, and providing an effective date. Attachments:Item (A) Comm Dev Fees Staff Report.pdf Item (A) ORD 2013-27 Comm Dev Fees.pdf Item (A) Section 8.03.pdf Item (B) CHL Staff Report.pdf Item (B) ORD 2013-24 CHL Fees.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the following Ordinances amending the Town's Fee Schedule: - (A) An Ordinance repealing Section 8.03, "Community Development Department" of Article VIII, Chapter 1 of the Code of Ordinances of the Town relative to fees for various commercial and miscellaneous permits; and adopting a new Section 8.03, "Community Development Department" establishing fees for various commercial and miscellaneous permits; providing for publication; and providing an effective date. - (B) An Ordinance amending Section 8.11, "Police Department" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for participation in Concealed Handgun Licensing classes conducted by the Trophy Club Police Department; providing for publication, and providing an effective date. Town Council Packet 59 of 115 September 3, 2013 COMMERCIAL BUILDING PERMIT FEES The commercial building permit fee charged to build a new building, to add onto an existing building, to remodel or to alter an existing building shall be based on the declared valuation of the proposed work. The declared valuation shall include the fair market value of the proposed improvements, including the architectural, structural, electrical, plumbing, mechanical work, paving, parking, drive approach, and the contractor’s profit. The Building Official may require the applicant to verify the declared value. The building permit fee shall be calculated based upon figures from Commercial Permit Fee Table 1 shown below. The table is attached to the ordinance as Exhibit A. Commercial Permit Fee Table 1 Total Valuation of Project Fee $1.00 to $500 $100.00 Minimum Fee $501.00 to $2000.00 $50.00 for the first $500 plus $6.60 for each additional $100.00 or fraction thereof, but not less than $100.00 $25,001.00 to 50,000 $840.00 for the first $25,000 plus $21.60 for each additional $1000.00 or fraction thereof $50,001 to 100,000.00 $1380.00 for the first $50,000 plus $15.00 for each additional $1000.00 or fraction thereof $100,001 to 500,000.00 $2130.00 for the first $100,000 plus $12.00 for each additional $1000.00 or fraction thereof TOWN COUNCIL STAFF REPORT September 3, 2013 Fee Update Commercial Building Permit Fees and Miscellaneous and Single Trade Permit Fees Town Council Packet 60 of 115 September 3, 2013 $500,001.00 to $1,000,000.00 $6930.00 for the first $500,000 plus $10.20 for each additional $1000.00 or fraction thereof $1,000,001.00 and up $12,030.00 for the first $1,000,000 plus $3.30 for each additional $1000.00 or fraction hereof, Plan Review Fees A non-refundable plan review fee shall be assessed to all commercial and multi- family building (three or more dwelling units in a building) permit applications at the time of submittal. A building permit application is not considered received until the plan review fee has been paid. The plan review fee shall be assessed at 35% of the building permit fee. The plan review fee shall be credited toward the building permit fee when issued. MISCELLANEOUS AND SINGLE TRADE PERMIT FEES Electrical, Plumbing and Mechanical Permit Fees Electric, plumbing and mechanical work associated with a commercial or residential permit that has been issued for work related to building a new building, adding onto an existing building, remodeling or alteration of an existing building shall be a no charge permit fee. A no charge permit must be secured prior to commencing work. Single Trade Electrical, Plumbing and Mechanical Permit Fees: For work that does not require a building permit as outlined in the above paragraph, the fees should be assessed as follows: Plumbing $75.00 Electrical $75.00 Mechanical $75.00 Miscellaneous permitting fess For work that is not associated with a building permit for the construction of a new building, an addition to an existing building, or for the remodeling or alteration of an existing building, fees shall be assessed as follows: A. Animal Run $75.00 D. Certificate of Occupancy $100.00 F. Fire Protection Change to “No Fee” Plumbing Change to “No Fee” The State no longer allows cities to collect a contractor registration fee for Fire Protection or Plumbing registrations. Town Council Packet 61 of 115 September 3, 2013 G. Demolition $75.00 I. Electrical $75.00 J. Fence $75.00 M. Incidental $75.00 N. Inspections $75.00/hr O. Irrigation $75.00 P. Mechanical $75.00 R. Plan Review $75.00/hr S. Plumbing $75.00 T. Retaining Wall $75.00 U. Re-Roofing $75.00 V. Delete “Satellite” W. Sign Permit $75.00 Z. Propane Tank $100.00 (only change – all other fees remain) Staff requests approval of Ordinance 2013-27 to update the commercial and miscellaneous and single trade permit fees. ch Attachment: Ordinance No. 2013-27 Town Council Packet 62 of 115 September 3, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-27 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, BY REPEALING SECTION 8.03 ENTITLED “COMMUNITY DEVELOPMENT DEPARTMENT”, AND ADOPTING A NEW SECTION 8.03 ENTITLED “COMMUNITY DEVELOPMENT DEPARTMENT” AS SET FORTH IN EXHIBIT “A”; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, due to changes in costs incurred by the Town which require an amendment to various fees, the Town now finds it necessary and proper to amend Chapter 1, “Administration” Article VIII, “Schedule of Fees”, Section 8,03 “Community Development Department”; and WHEREAS, the Town is authorized to require the payment of reasonable fees for services provided; and WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement for administrative costs incurred by the Town in providing various services to the public; and WHEREAS, the Town Council hereby finds that the amendment of Section 8.03 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of the Town; and WHEREAS, Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, having reviewed the proposed cost adjustments, the Town Council finds that the proposed fees are reasonable and necessary to pay the administrative costs associated with providing services to the public, and that the Town’s Schedule of Fees should be amended to include such fees; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Packet 63 of 115 September 3, 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 VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03, entitled “Community Development Department”, is hereby repealed and a new Section 8.03 entitled “Community Development Department” is hereby adopted as set forth in Exhibit “A”, a copy of which is attached hereto and incorporated herein. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. Town Council Packet 64 of 115 September 3, 2013 SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Fees and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 3rd day of September, 2013. Connie White, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] Amy Piukana, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Packet 65 of 115 September 3, 2013 Section 8.03 Community Development Department A. Animal Run Permit $75.00 B. Apartment Complex License Annual Permit (for first location) $120.00 Reinstatement License (for first location) $120.00 Each Additional Dwelling Unit $25.00 Reinspection $30.00 C. Building (Commercial) The building permit fee charged to build a new building, to add onto an existing building, to remodel or to alter an existing building shall be based on the declared valuation of the proposed work. The declared valuation shall include the fair market value of the proposed improvements, including the architectural, structural, electrical, plumbing, mechanical work, paving, parking, drive approach, and the contractor’s profit. The Building Official may require the applicant to verify the declared value. The building permit fee shall be calculated based upon figures from Table 1. The Building Official may also use the data provided in the most current Building Valuation Table published by the International Code Council to determine building valuation for permit fee purposes. The ICC table is available on the ICC web site at www.iccsafe.org For any permit required by the building code but not specified in the Town’s fee structure, an appropriate fee shall be charged based on the scope of work and which allows the Town to recover the cost of review and inspection. TABLE 1 – COMMERCIAL BUILDING PERMIT FEE Total Valuation of Project Fee $1.00 to $500.00 $100.00 Minimum Fee $501.00 to $2,000.00 $50.00 for the first $500 plus $6.60 for each additional $100.00 or fraction thereof, but not less than $100.00 $2,001.00 to 25,000.00 $150.00 for the first $2,000 plus $30.60 for each additional $1,000.00 or fraction thereof, $25,001.00 to 50,000.00 $840.00 for the first $25,000 plus $21.60 for each additional $1,000.00 or fraction thereof, $50,001.00 to 100,000.00 $1,380.00 for the first $50,000 plus $15.00 for each additional $1,000.00 or fraction thereof, $100,001.00 to 500,000.00 $2,130.00 for the first $100,000 plus $12.00 for each additional $1,000.00 or fraction thereof, $500,001.00 to $1,000,000.00 $6,930.00 for the first $500,000 plus $10.20 for each additional $1,000.00 or fraction thereof, $1,000,001.00 and up $12,030.00 for the first $1,000,000 plus $3.30 for each additional $1,000.00 or fraction thereof Town Council Packet 66 of 115 September 3, 2013 TABLE 2 – RESIDENTIAL BUILDING PERMIT FEE Construction Types: 1A, 1B Construction Types: II A, III A, V A Construction Types: II B, III B, IV, VB IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100s.f.* Base Cost @ Threshold Size Cost for Each Additional 100s.f.* Base Cost @ Threshold Size Cost for Each Additional 100s.f.* U1 Accessory Building - Residential 50 $565 $99.90 $471 $83.25 $377 $66.60 - 250 $765 $135.86 $637 $113.21 $510 $90.57 - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 Storage, playhouse, etc 1,000 $1,453 $673.29 $1,211 $56.08 $969 $44.86 Typically with SFR 2,500 $2,462 $52.44 $2,052 $43.70 $1642 $34.96 U1 Open Air Structure 220 $200 $10.00 Open Air Structure added with Amendment to Ord. No. 2008-42, § II, 12/15/08 IRC SFD Single Family – TI (remodel) 300 $250 $19.50 Single Family – Standard Plan 1,000 $3,194 $10.58 $2,661 $8.81 $2,129 $7.05 - 1,500 $3,247 $35.71 $2,705 $29.76 $2,164 $23.81 - (includes townhouses, duplexes 2,000 $3,425 $5.30 $2,854 $4.41 $2,283 $3.53 - (attached residences, etc.) 3,000 $3,478 $22.49 $2,898 $18.74 $2,319 $14.99 - - 5,000 $3,928 $19.58 $3,273 $16.31 $2,619 $13.05 10,000 $4,907 $49.07 $4,089 $40.89 $3,271 $32.71 IRC SFD Single-Family Custom 1,000 $3,293 $3.98 $2,744 $3.31 $2,195 $2.65 - - 1,500 $3,313 $35.68 $2,761 $29.74 $2,208 $23.79 - - 2,000 $3,491 $5.31 $2,909 $4.43 $2,327 $3.54 - - 3,000 $3,544 $22.48 $2,954 $18.73 $2,363 $14.99 - 5,000 $3,994 $18.92 $3,328 $15.76 $2,663 $12.61 10,000 $4,940 $49.40 $4,116 $41.16 $3,293 $32.93 IRC SFD Guest House Custom 100 $1,498 $135.00 $1,248 $112.50 $998 $90.00 - - 500 $2,038 $178.31 $1,698 $148.59 $1,358 $118.87 - - 1,000 $2,929 $93.11 $2,441 $77.59 $1,953 $62.07 2,000 See Single Family U Residential Garage 50 $565 $99.90 $471 $83.25 $377 $66.60 - - 250 $765 $135.86 $637 $113.21 $510 $90.57 - - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 - - 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 - - 2,500 $2,462 $52.44 $2,052 $43.70 $1,642 $34.96 5,000 $3,773 $75.47 $3,144 $62.89 $2,516 $50.31 Town Council Packet 67 of 115 September 3, 2013 Single Fam Single-Family Residential Addition 50 $768 $135.22 $640 $112.68 $512 $90.15 - - 250 $1,038 $185.07 $865 $154.23 $692 $123.38 - - 500 $1,501 $94.68 $1,251 $78.90 $1,001 $63.12 $- - 1,000 $1,974 $91.33 $1,645 $176.11 $1,316 $60.89 - - 2,500 $3,344 $74.04 $2,787 $59.20 $2,230 $47.36 5,000 $5,120 $102.41 $4,267 $85.34 $3,414 $68.27 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. D. Certificate of Occupancy (Commercial) $75.00 E. Construction in a Right of Way $50.00 F. Contractor Registration Master Electrician Registration $75.00 Journeyman Electrician $25.00 HVAC $25.00 Fire Protection No Fee Plumbing No Fee Backflow $25.00 All License Renewal $25.00 G. Demolition Permit $75.00 H. Erosion Control Deposit Account Single Family Residential Subdivisions $100.00 per lot Multifamily Residential and Non-Residential Subdivisions $200.00 per lot Refund of Erosion Control Deposit Deposit Refunds shall comply with Section 109.2 of the 2009 International Building Code I. Electrical Permit (small job single trade) $75.00 J. Fence Permit $75.00 K. Grading Permit Single Residential Lot $45.00 ½ - 1 acre: $55.00 >1 - 3 acres $85.00 >3 - 5 acres $115.00 >5 - 10 acres $165.00 > 10 acres $165.00 + $7.50 per acre Weekly inspection of sites $85.00 hour (min. 2 hours) L. Health Permits Food Establishment $225.00 Retail Food Store $525.00 Mobil Food Unit $100.00 Roadside Food Vendor $100.00 Child Care Centers $100.00 Temporary Food Establishment $35.00 Town Council Packet 68 of 115 September 3, 2013 M. Incidental Permit $75.00 N. Inspections Inspections outside of normal business hours (minimum charge – 2 hrs) $75.00/hr Reinspection Fee $75.00 For use of outside consultants for inspections Actual Costs O. Irrigation Permit $75.00 P. Mechanical Permits (small job single trade) $75.00 Q. Noise Permit $25.00 R. Plan Review Additional plan review required for significant changes, additions or revisions to plans $75.00/hr For use of outside consultants for plan review Actual Costs S. Plumbing Permit (small job single trade) $75.00 T. Retaining Wall Permit $75.00 U. Re-Roofing Permit $75.00 V. Sign Permit $75.00 W. Single Family License Annual Permit (for first single location) $120.00 Reinstatement License (for first single location) $120.00 Each Additional Dwelling Unit $25.00 Reinspection $30.00 X. Stormwater Drainage Utility Structure Monthly Fee Single Family $6.00 Multi-Family, Duplexes, and Non-Residential Properties Monthly Fee Square Footage of Impervious Area $6.00 per ERU (each ERU = 3,500 sq. ft. ) Z. Swimming Pool Permit $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 Town Council Packet 69 of 115 September 3, 2013 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof Pool Electrical $50.00 Pool Plan Review 35% of permit fee Pool Plumber $50.00 Propane Tank $100.00 AA. Tree Removal Permit $25.00 per tree Tree Mitigation Fee $150.00 per caliper inch BB. Work Done Prior to Permit Approval/Issuance Double the regular permit fee CC. Refunding of Fees shall comply with Section 109.2 of the 2009 International Building Code. Otherwise above fees are not refundable. DD. Expired Permit Reissuance Fee: As per Section 105.5 of the 2009 International Building Code, a permit for any purposed work shall be deemed to be abandoned after 180 days of permit issuance, unless project completion has been pursued in good faith since permit issuance; except that the Building Official is authorized to grant one or more extensions of time, additional periods not to exceed 90 (ninety) days each. The extension shall be requested in writing and justifiable cause demonstrated and the Building Official will approve or deny the request in writing. A Reissuance fee of 50% of the original building permit cost is required to reactivate any expired permit where an extension was not requested and/or approved. Town Council Packet 70 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: CHL Fee Date: August 30, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action to approve charging a fee to individuals who take the Concealed Handgun Training class. Explanation: Chief Kniffen has provided this training class to residents, employees, and family members of either four times in the last 12 months. Prior to Chief Kniffen becoming licensed as an instructor, Cmdr. Delk was an instructor and provided this training class on several occasions. The applicants pay range fees to the firing range, must provide their own equipment, ammunition, and lunch but the training is free. The nature of this class demands that the Town provide at least one assistant range officer to assist the instructor at the firing range during proficiency testing for the applicants. Most of the time, this assistance comes in the form of a full-time patrol officer on overtime. Chief Kniffen puts in a significant amount of time scheduling applicants, following up with email notifications, and completing the mandatory paperwork for DPS while on duty but the classes are held on Saturdays. He receives compensatory time for the time spent teaching the class which he takes off at a later date. Additionally, each applicant is provided with binder and power point handouts for the class. All of these represent an expense to the Town. It has been proposed that the Town charge a small fee for this training to offset some of the expenses the Town incurs during the planning, scheduling, and presentation of this class. An individual can schedule his or her training at a local range and be assured of receiving very good training in an adequate setting near a range and do so at his or her own convenience. For this convenience, the applicant can expect to pay $50 and up for the class. It is proposed that the fee for the CHL class provided by the Town be set at $20 per person for original or renewal applications. Town Council Packet 71 of 115 September 3, 2013 Attachments: None Town Council Goals: Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services 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: Management recommends assessing a fee for CHL classes in the amounts listed above. Town Council Packet 72 of 115 September 3, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-24 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, BY AMENDING SECTION 8.11 ENTITLED “POLICE DEPARTMENT”, TO ADD FEES FOR A CONCEALED HANDGUN LICENSE CLASS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Trophy Club Police Department currently offers residents classes providing the state required instruction necessary for a person to qualify for a license to carry a concealed handgun (hereinafter “CHL Class”); and WHEREAS, the Town has determined that based upon the costs of providing such classes it is necessary to adopt fees to cover a portion of the administrative costs associated with providing a CHL Class; and WHEREAS, Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, having reviewed the proposed cost adjustments, the Town Council finds that the proposed fees for a CHL Class are reasonable and necessary to pay the administrative costs associated with providing services to the public, and that the Town’s Schedule of Fees should be amended to include such fees; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 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. Town Council Packet 73 of 115 September 3, 2013 SECTION 2. AMENDMENT 2.01 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.11, entitled “Police Department”, is hereby amended to add the following fees for a CHL Class as follows, and the remainder of Section 8.11 shall remain unaltered: Section 8.11 Police Department CHL Class $20.00 per person SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. Town Council Packet 74 of 115 September 3, 2013 SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Fees and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 3rd day of September, 2013. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Amy Piukana, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Packet 75 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-516-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Presentation of a proclamation for United Way declaring September as "Live United Month". Attachments:Proclamation United Way.pdf Action ByDate Action ResultVer. Presentation of a proclamation for United Way declaring September as "Live United Month". Town Council Packet 76 of 115 September 3, 2013 To w n Co u n c i l Pa c k e t 77 of 11 5 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-528-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding a Resolution creating a Blue Ribbon Panel to study the current governmental structure within the Town of Trophy Club and to make a recommendation to the Town Council; appointing members to serve on the Panel; and providing an effective date. Attachments:Res 2013-18 Blue Ribbon Panel Town-MUD Consolidation.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution creating a Blue Ribbon Panel to study the current governmental structure within the Town of Trophy Club and to make a recommendation to the Town Council; appointing members to serve on the Panel; and providing an effective date. Town Council Packet 78 of 115 September 3, 2013 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2013-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS CREATING A BLUE RIBBON PANEL FORMED FOR THE PURPOSE OF STUDYING THE CURRENT GOVERNMENTAL STRUCTURE WITHIN THE TOWN OF TROPHY CLUB AND PROVIDING RECOMMENDATIONS TO THE TOWN COUNCIL; PROVIDING THAT THE PANEL SHALL BE COMPRISED OF TWELVE CITIZENS OF THE TOWN OF TROPHY CLUB WHO CURRENTLY DO NOT SERVE AS AN ELECTED OFFICIAL FORTHE TOWN OR MUD1; PROVIDING FOR THE APPOINTMENT OF PERSONS TO SERVE ON THE PANEL; DESIGNATING A STAFF LIAISON; SETTING FORTH GUIDELINES FOR MEETINGS OF THE PANEL; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE TO SERVE AS A STAFF LIAISON TO THE PANEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, Section I entitled “Creation of Committees, Boards and Commissions” of Article VI entitled “Town Council Rules of Procedure” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club provides that the Council may, as the need arises, authorize the appointment of “ad hoc” committees; and WHEREAS, the Town Council has determined it appropriate to appoint a Blue Ribbon Panel comprised of twelve Town residents who are not currently serving as an elected official for the Town, six of whom reside within the Trophy Club Public Improvement District, and six of whom reside within the Trophy Club Municipal Utility District No. 1; and WHEREAS, the Town Council shall appoint persons to serve on the Panel in accordance with this Resolution, and the meetings of the Panel shall be held in accordance with the Texas Open Meetings Act; and WHEREAS, the Panel shall study the current governmental structure of the Town of Trophy Club as set forth in this Resolution, and based upon its findings, shall make recommendations to the Town Council. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Packet 79 of 115 September 3, 2013 Section 1. The foregoing recitals are found to be true and correct and are incorporated herein as if written word for word. Section 2. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a Blue Ribbon Panel for the purpose of reviewing the existing governmental structure within the Town of Trophy Club, including the operation and structure of all governmental entities operating within the Town. The Panel shall provide analysis and provide recommendations regarding the potential consolidation of the Town and MUD1, the benefits and liabilities that result from continued water and wastewater service to the Town of Westlake, associated fiscal impact, and related matters. Section 3. The members of the Blue Ribbon Panel shall be citizens of the Town of Trophy Club, Texas. The Panel shall be comprised of twelve (12) Town residents who are not currently serving as an elected official for the Town, six (6) of whom shall be residents of the Trophy Club Public Improvement District and six (6) of whom shall be residents of the Trophy Club Municipal Utility District No. 1. The members of the Panel shall serve at the pleasure of the Town Council, and shall cease to exist upon the completion of their purpose or when abolished by a majority vote of the Town Council. Section 4. The Town Manager or his designee shall serve as Staff Liaison, shall attend all meetings of the Panel, shall be responsible for preparation and posting of the meeting agendas, and shall ensure that minutes are prepared for the Panel’s review and action and that all necessary clerical support is provided to the Panel. The Staff Liaison shall also take action as necessary to schedule and facilitate the meetings of the Blue Ribbon Panel, and shall provide documents and information requested by the Panel. Section 5. All meetings of the Panel, including meetings of any subcommittee of the Panel shall be open to the public and shall be held in accordance with the Texas Open Meetings Act and with the parameters set forth in this Resolution. The Panel shall meet _____ times per month, or less frequently if determined appropriate by the Panel. In order to avoid conflict with Council meetings and with other Town and MUD1 meetings, the Panel shall meet on the second and fourth Monday of each month; provided however, that if the date of a scheduled Panel meeting falls on a holiday, if a Council meeting date is changed to accommodate holidays or if a Council meeting date is otherwise moved so as to present a conflict with a scheduled Panel meeting, the Staff Liaison shall work with the Panel to determine an alternative meeting date and time and to secure an appropriate meeting room which will accommodate public access. Section 6. The Blue Ribbon Panel shall consist of the following members: 1. ______________________ (MUD1 Resident) 2. ______________________ (MUD1 Resident) 3. ______________________ (MUD1 Resident) Town Council Packet 80 of 115 September 3, 2013 4. ______________________ (MUD1 Resident) 5. ______________________ (MUD1 Resident) 6. ______________________ (MUD1 Resident) 7. ______________________ (PID Resident) 8. ______________________ (PID Resident) 9. ______________________ (PID Resident) 10. ______________________ (PID Resident) 11. ______________________ (PID Resident) 12. ______________________ (PID Resident) Section 6. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 3 rd day of September, 2013. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Amy Piukana, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Packet 81 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-543-T Name: Status:Type:Agenda Item Draft File created:In control:8/29/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding an Ordinance amending Section 8.12, "Parks and Recreation" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for Trophy Club Park and for the Community Pool; providing for publication, and providing an effective date. Attachments:Park fee staff report.pdf ORD 2013-26 Schedule of Fees Parks.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Section 8.12, "Parks and Recreation" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for Trophy Club Park and for the Community Pool; providing for publication, and providing an effective date. Town Council Packet 82 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Adam Adams CC: Mike Slye, Town Manager Re: Town Council Meeting September 3, 2013 ___________________________________________________________________ Agenda Item: Discuss and provide direction regarding development fees, Community Pool fees, Trophy Club Park fees, animal registration fees and other miscellaneous fees as set forth in the Town’s Schedule of fees. Explanation: The Community Pool reservation and entry fees have remained unchanged for the past three years. Staff has examined the various usage patterns at the Community Pool and the cost structures of surrounding communities and has determined that an increase in current fees as-well-as the creation of new non-resident facility rental costs would be appropriate for the FY 13-14 pool season. The revenue figures in the FY 13-14 Town budget are predicated upon this proposed fee structure change. Staff has also proposed changes to the Trophy Club Park fee structure by adding large pavilion rentals and both resident and non-resident passes. These fees were discussed by the Trophy Club Park Sub-Committee prior to bringing them before the Parks and Recreation Board. Attachments: 1) Current schedule of fees showing tracked changes 2) FY 12/13 and FY 13/14 fee and revenue comparison spreadsheet Town Council Goals: • Maintain/Improve infrastructure and assets • Deliver responsible customer service • Provide cost effective services Town Council Packet 83 of 115 September 3, 2013 Recommendation: Staff recommends Town Council approval of the proposed fee changes. The Parks and Recreation Board voted unanimously in favor of the proposed fees at their August 13, 2013 meeting. Town Council Packet 84 of 115 September 3, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-26 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, BY AMENDING SECTION 8.12 ENTITLED “PARKS AND RECREATION”, SUBSECTION “B” ENTITLED “TROPHY CLUB PARK” AND SUBSECTION “C” ENTITLED “COMMUNITY POOL FEES”; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town has reviewed maintenance costs associated with park and pool amenities and has determined that based upon the costs of providing those amenities it is necessary to increase some usage fees with the existing Schedule of Fees; and WHEREAS, Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, having reviewed the proposed cost adjustments, the Town Council finds that the proposed fee adjustments are reasonable and necessary to pay the administrative costs associated with providing services to the public; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 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 VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled “Parks & Recreation”, Subsection “B” entitled “Trophy Club Park”, is hereby amended so that it shall be and read in its entirety as follows: Town Council Packet 85 of 115 September 3, 2013 Section 8.12 Parks & Recreation B. Trophy Club Park Pool rental fees listed below are for a minimum of (2) hour period. Resident Rates* Daily Rate 1. Vehicle Entry $1.00 2. ATV/Motorcycle $12.00 3. Boat Entry $5.00 4. Resident Annual Pass $10.00 5. Non-Resident Annual Pass $25.00 6. Large Pavilion Rental (4 hrs) $50.00 2.02 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled “Parks & Recreation”, Subsection “B” entitled “Community Pool Fees, is hereby amended so that it shall be and read in its entirety as follows: Section 8.12. Parks & Recreation C. Community Pool Fees Pool rental fees listed below are for a minimum of (2) hour period. Resident Rates* Daily Rate 1. Off Season Daily Rate** $2.00 2. Individual Season Pass $25.00 3. Family Pass (Up to 5 Members) $75.00 4. Additional Family Members $10.00/Member 5. Resident Guest Pass (Unassigned Pass valid for entire season) $20.00/Pass Non-Resident Rates* 1. Daily Rate $6.00 2. Off Season Daily Rate** $3.00 3. Individual Season Pass $50.00 4. Family Season Pass (Up to 5 Members) $150.00 5. Additional Family Member $20.00 Town Council Packet 86 of 115 September 3, 2013 Local Business Group Rate*** $3.00 per user with a minimum of 8 Bathers. Non-Local Business Group Rate*** $4.00 per user with a minimum of 8 Bathers. $3.00 per Bather for groups of 20 or more Bathers. *Children under 35 inches admitted free of charge. *** In order to receive the Group Rate, group shall schedule date and time of use with Parks and Recreation Department. Pool Rental Rates Residential Rental Rate 1. Large Pool Rental $300.00 2. Spray Pad Rental (Sat-Sun) $300.00 3. Spray Pad Rental (Mon-Fri) $225.00 4. Pavilion Reservation $100.00 5. Community Pool Complex Rental $600.00 Non-Resident Rental Rates: 1. Large Pool Rental $330.00 2. Spray Pad Rental (Sat-Sun) $330.00 3. Spray Pad Rental (Mon-Fri) $225.00 4. Pavilion Reservation $110.00 5. Community Pool Complex Rental $660.00 The minimum rental time allowed is two (2) hours. Additional rental hours will be charged at one-half (1/2) of the two (2) hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the deposit. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the rental cost. Town Council Packet 87 of 115 September 3, 2013 SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Fees and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 3rd day of September, 2013. Town Council Packet 88 of 115 September 3, 2013 Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Amy Piukana, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Packet 89 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-542-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/28/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding an Ordinance amending Section 1.20 "Licenses and Tags" of Article I, "Animals" of Chapter II, "Animal Control" and amending Subsection "A", "Registration" of Section 8.06, "Animal Control" of Article VIII, "Schedule of Fees" of Chapter 1, "Administration" of the Code of Ordinances of the Town relative to animal registration and the related fee; providing for publication; and providing for an effective date of January 1, 2014. Attachments:Animal Registration Staff Report.pdf Ord 2013-25 AnimalFeeUpdate.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Section 1.20 "Licenses and Tags" of Article I, "Animals" of Chapter II, "Animal Control" and amending Subsection "A", "Registration" of Section 8.06, "Animal Control" of Article VIII, "Schedule of Fees" of Chapter 1, "Administration" of the Code of Ordinances of the Town relative to animal registration and the related fee; providing for publication; and providing for an effective date of January 1, 2014. Town Council Packet 90 of 115 September 3, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Amending animal registration ordinance ___________________________________________________________________ Agenda Item: Consider and take appropriate action amend Chapter 2, Article I, Section 1.20 entitled Licenses and Tags by changing the licensing of pets from a one-time event to an annual event, rescinding Chapter 2, Article I, Section 1.20 A 1 and replacing it with revised section Chapter 2, Article I, Section 1.20 A 1. Explanation: Currently pet owners are required to register their pet once in the pet’s lifetime. At this time, the owner is required to provide proof that the pet has received a rabies vaccination within the last 3 years. Too often, it is determined that a pet that has been transported and impounded in the Town facility or bites someone does not have a proof of a current rabies vaccination, in violation of this Chapter. Annual registration, requiring proof of current rabies vaccination, would require pet owners to check their pet’s rabies vaccination to receive a registration/rabies tag. Given that wildlife in the area are not vaccinated and can carry rabies, this would provide greater protection of the residents and pets in town. Further, requiring annual registration could reduce transports and impoundments by providing more current identification about the owner of the animal. The current cost of registration is a one-time $5 fee. Annual registration would require additional paperwork, annual notification of pet owners, and replacement of tags. It is proposed that the annual cost of registering pets be set at $5 per year. Most agencies in the DFW area queried stated that they required annual registration. Existing Section Section 1.20 Licenses and Tags A. License Required 1. The Owner or harborer of each Animal more than three (3) months old in the Town shall Register the Animal with the Town Manager or the Town Manager’s duly authorized representative and obtain a license for such animal from the Animal Control Department. At the time of application for such license, the Owner shall present the current certificate of Vaccination for each Animal and pay a one time licensing fee for each Animal; the amount of which is to be designated on the Schedule of Fees of the Town. Town Council Packet 91 of 115 September 3, 2013 Revised Section Section 1.20 Licenses and Tags A. License Required 1. The Owner or harborer of each Animal more than three (3) months old in the Town shall Register the Animal annually with the Town Manager or the Town Manager’s duly authorized representative and obtain a license for such animal from the Animal Control Department. At the time of application for such license, the Owner shall present the current certificate of Vaccination for each Animal and pay a one time an annual licensing fee for each Animal; the amount of which is to be designated on the Schedule of Fees of the Town. Attachments: None Town Council Goals: Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services 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: Management recommends amending Chapter 2, Article I, Section 1.20 and the Schedule of Fees by requiring an annual pet registration with a $5 per year fee. Town Council Packet 92 of 115 September 3, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-25 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION 1.20 (A)(1) ENTITLED “LICENSE REQUIRED” OF SECTION 1.20 ENTITLED “LICENSES AND TAGS” OF ARTICLE I ENTITLED “ANIMALS” OF CHAPTER II, ENTITLED “ANIMAL CONTROL”, OF THE CODE OF ORDINANCES OF THE TOWN AND AMENDING SUBSECTION “A” ENTITLED “REGISTRATION” OF SECTION 8.06 ENTITLED “ANIMAL CONTROL” OF ARTICLE VIII ENTITLED “SCHEDULE OF FEES” OF CHAPTER 1 ENTITLED “ADMINISTRATION”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas has the authority to adopt ordinances for the good government of the Town; and WHEREAS, the Town currently has a process under which pet owners are required to obtain a one-time license from the Town for each pet over the age of three months; and WHEREAS, licensing of pets allows the Town’s Animal Control Officer to identify the owner of lost pets and to return those pets to their owners; and WHEREAS, licensing of pets also assists the Town’s Animal Control Officer with verifying that all pets have current rabies vaccinations, thereby protecting the public from disease; and WHEREAS, the Town Council has determined it appropriate and in the best interest of the public to require annual licensing of animals so that both rabies vaccinations and owner information are current; and WHEREAS, the Town Council hereby finds and declares that it is in the interest of the public health, safety and general welfare to establish the regulations set forth in this ordinance for the annual licensing of Animals within the limits of the Town of Trophy Club. Town Council Packet 93 of 115 September 3, 2013 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 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 Subsection 1.20(A)(1), entitled “License Required” of Section 1.20 entitled “Licenses and Tags”, of Article I entitled “Animals” of Chapter II, entitled “Animal Control”, is hereby amended so that Section 1.20(A)(1) shall be and read as follows: Section 1.20 Licenses and Tags A. License Required. “1. The Owner or harborer of each Animal more than three (3) months old in the Town shall Register the Animal annually with the Town Manager or the Town Manager’s duly authorized representative and obtain a license for such animal from the Animal Control Department. At the time of application for such license, the Owner shall present the current certificate of Vaccination for each Animal and pay an annual licensing fee for each Animal; the amount of which is to be designated on the Schedule of Fees of the Town. 2.02 Subsection (A) entitled “Registration” of Section 8.06 entitled “Animal Control” of Article VIII entitled “Schedule of Fees” of Chapter 1 entitled “Administration” is hereby amended so that Section 8.06(A) shall be entitled “Annual Registration” and shall be and read as follows: Section 8.06 Animal Control “A. Annual Registration $5.00” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Animal Control and shall not repeal any of the provisions of such Town Council Packet 94 of 115 September 3, 2013 Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council Packet 95 of 115 September 3, 2013 SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on January 1, 2014 after its passage and proper publication 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 3rd day of September, 2013. _______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Amy Piukana, Town Secretary Town of Trophy Club, Texas [SEAL] ________________________________________ Patricia A. Adams,Town Attorney Town of Trophy Club, Texas Town Council Packet 96 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-523-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Update and discussion regarding Section 551.006 of the Texas Government Code "Written Electronic Communications Accessible to Public" (effective September 1, 2013); consider and provide direction to staff regarding same. Attachments:SB 1297 Written Electronic Communication.pdf Action ByDate Action ResultVer. Update and discussion regarding Section 551.006 of the Texas Government Code "Written Electronic Communications Accessible to Public" (effective September 1, 2013); consider and provide direction to staff regarding same. Town Council Packet 97 of 115 September 3, 2013 T o w n C o u n c i l P a c k e t 9 8 o f 1 1 5 S e p t e m b e r 3 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-486-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/12/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding a request for approval of a Site Plan on Lot 2R1, Block B of Trophy Wood Business Center. Attachments:Staff Report Dr Crumpton Site Plan.pdf Application.pdf Concept Plan - PD25.pdf Town Engineer Approval.pdf Action ByDate Action ResultVer. Planning & Zoning Commission8/15/2013 1 Consider and take appropriate action regarding a request for approval of a Site Plan on Lot 2R1, Block B of Trophy Wood Business Center. Town Council Packet 99 of 115 September 3, 2013 SUBJECT: Consider and take appropriate action regarding a request for approval of a Site Plan of Lot 2R-1, Block B, Trophy Wood Business Center. Applicant: Mike Lease, Structures & Interiors on behalf of David L. Crumpton (SP-13-022) APPLICANT: Mike Lease Structures & Interiors 1594 Hart St. Southlake, TX 76092 OWNER: David L. Crumpton 300 Trophy Club Drive #300 Trophy Club, TX 76262 LOCATION: Northwest corner of Trophy Branch Drive and State Highway 114 ADJACENT ZONING/EXISTING LAND USES: North: Vacant Land (PD-25)/Plaza Drive South: Roadway - State Highway 114/Town of Westlake East: Roadway – Trophy Branch Drive/PD-25/Value Place Hotel West: Vacant Land (PD-25) EXISTING CONDITION OF THE PROPERTY/FLOODPLAIN: This property is currently vacant. It is surrounded on three (3) sides with existing roadways; State Highway 114 to the south, Trophy Branch to the east and Plaza Drive to the north. The property to the west is undeveloped and maintains the same zoning that exists on the subject property. TOWN COUNCIL STAFF REPORT September 3, 2013 Case No. SP-13-022 Site Plan Lot 2R-1, Block B Dr. Crumpton Trophy Wood Business Center Town Council Packet 100 of 115 September 3, 2013 There are numerous trees located on the property. There are no water courses or floodplains associated with the property. ZONING: The property is zoned Planned Development No. 25 (PD-25), with mixed uses including retail uses, retail and hotel uses and office uses. The property is shown within Tract 4 of the approved Concept Plan for PD-25. The general purpose of PD-25 is to provide locations for local neighborhood shopping and personal service needs of the surrounding area to accommodate general retail shopping and to accommodate low intensity businesses or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. PD Development Standards exist for any property developed within PD-25. These standards include guidelines on uses, area building and site regulations, parking and loading requirements, landscaping, building materials, lighting, screening/fencing and signage. Planned Structures The applicant is proposing to construct a single one (1) story professional office building for a total of approximately 5,990 square feet of multi-use lease space proposed for medical and/or dental offices. Setbacks PD-25 has an approved Concept Plan as well as approved Final Plat which provides the following setbacks: Roadway Frontages: 30-feet Side and Rear: 10-feet The plan complies with all setback requirements. Area and Height Regulations The Development Standards for PD-25 regulate area building and site improvements. Building coverage shall not exceed sixty percent (60%) of the site while maintaining a minimum of twenty percent (20%) of the site for open space. Impervious areas may not exceed eighty percent (80%) of the total site. The proposed site plan provides approximate area coverage as follows: building at 14%, open space at 41% and impervious area at 59%. Building heights for the site shall not exceed forty feet (40’) or two (2) stories in height. Building height proposed for the Medical Office building is twenty six feet and two inches (26’-2”). Town Council Packet 101 of 115 September 3, 2013 Parking Requirements Approximate square footage of the building is as follows: Square Footage of Building – Medical Office: 5,990 Based on square footage and use, 45 parking spaces are required. The applicant has provided 45 parking spaces, two (2) of which are handicap accessible spaces, which meets the Town's regulations. Photometrics Plan The site plan package provides information on exterior lighting for the building and the parking lot. General details for each of the three (3) light fixture types has been provided as well as location of fixtures, elevations, lamp type, and average illumination of each fixture. A signed and sealed Photometric Plan has been provided. Foot candle limitations at adjacent property lines are less than 0.1 foot candle. This is in compliance with the PD Development Standards and Town’s zoning ordinance. Exterior lighting fixtures shall not exceed a maximum height of 25 feet. All lighting shall direct light toward the ground and shall be shielded. Ornamental street lighting shall have fixtures mounted on twelve (12) foot poles on two foot concrete bases not to exceed fourteen (14) feet in height. The plan complies. Landscape Plan The Development Standards for PD-25 include the landscape regulations for this tract. Planting surrounding the building has been provided as well as providing screening for the Dumpster Enclosure and adjacent neighboring property. A minimum landscape setback of ten (10) feet is provided adjacent to the private streets, Trophy Branch and Plaza Drive, as required by the approved Concept Plan. Additional landscaped areas have been provided to surround and protect the trees maintained through the tree mitigation process. Additional requirements regarding plant placement and setbacks have been provided. The Development Standards require that the front setback areas contain landscaping to screen the parking areas. With the exception of the parking entry or open lawn areas, all screening is proposed to include shrub rows and trees. Shrubs will be aligned between the trees to provide a screen of a minimum of three (3) feet in height adjacent to the parking areas. The applicant’s landscape plan meets the minimum Town requirements provided the required tree mitigation is met. Tree Mitigation This property contains many of the original growth hardwood trees that exist in this area of northeast Texas. A combination of blackjack and post oaks, as well Town Council Packet 102 of 115 September 3, 2013 as cedar elms account for a total of 769 caliper inches of overall tree width located on the property. Of the 769 caliper inches, 494 inches require mitigation and the landscape plan accommodates 150” leaving 344” for mitigation. The Tree Preservation Plan indicates which trees are to be removed or maintained. The Tree Replacement Details provided on the plan indicate the total of 344” to be mitigated at $150 per inch to pay into the tree fund for a total of $51,600 due prior to issuance of a building permit. Chapter 13 – Subdivision Rules and Regulations Article VIII – Tree Preservation and Removal Section 8.08 Tree Removal and Replacement “At the discretion of the Town Manager or his designee, monetary compensation may be paid to the Town instead of providing the replacement trees as required by this Chapter. Any such payments shall be deposited in a special account or fund and used by the Town to provide and/or support supplemental landscape plantings in public areas of the Town or to support the administration and enforcement of the Town’s tree preservation regulations. A per-caliper-inch cash value for replacement trees shall be set annually by the Town Council after review and recommendation by the Tree Board. The Town Manager or his designee shall maintain a record of the current per-caliper-inch cash value of replacement trees.” The Landscape and Mitigation Plans, as proposed, comply with Town regulations. Building Elevations The building elevations provide details on materials, signage and lighting. The Development Standards regulate building materials and require all main and accessory buildings and structures to be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. The applicant's plans call for a combination of manufactured stone, brick and stucco. These materials, as proposed, meet the Town's masonry requirements. Ingress/Egress Primary access to the proposed project will be from a single driveway located on Trophy Branch. Access to State Highway 114 is not allowed. No Traffic Impact Analysis (TIA) was required for the proposed project. Sight Line Study A sight line study (Sheet A3.3) is included as required by the PD-25 development standards. Town Council Packet 103 of 115 September 3, 2013 Development Schedule A development schedule has been provided as an insert to the plans. Sign Criteria Specific sign criteria sheets have not been included with the site plan package but some signage dimensions are shown on the building elevation sheets. North Elevation: Two tenant wall signs – each 40 sq. ft. with 6.3” letters height East Elevation: One 40 sq. ft. wall sign with 9.8” letters height South Elevation: One 40 sq. ft. wall sign with 9.8” letters height West Elevation: No signage The applicant asked the Planning and Zoning Commission for a variance for larger than allowed wall signage since a monument sign is not feasible on this site along State Highway 114. There are easements along the frontage road of the site and a monument sign is not allowed in an easement. The Town regulations allow the following: Monument Sign: • A monument sign can be 50-sq. ft. and cannot exceed 10-ft. in height. Wall Sign: • Wall signs shall be centered horizontally on the store frontage for a tenant’s space. • The maximum copy height shall not exceed two feet (2’), six inches (6”). • The minimum copy height shall be one foot (1’), two inches (2”). • The mounted copy depth shall be five inches (5”). • Wall signs shall not project more than twelve inches from the wall surface. Variance North Elevation: Signage appears to be in compliance with Town regulations. East Elevation: Signage appears to exceed copy height by 4 inches. South Elevation: Signage appears to exceed copy height by 4 inches. The applicant does not provide copy depth or projection of signs from the wall surface. This can be provided by the sign maker when a sign permit application is submitted. Staff asks that the signage comply with Town regulations other than the variances requests noted above. ENGINEERING PLAN APPROVAL: The Town Engineer has reviewed and approved the engineering infrastructure plans for this site. A memo of approval from the Town Engineer is attached. Town Council Packet 104 of 115 September 3, 2013 PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this request on August 15, 2013 and the following are minutes from that meeting: Chairman Senelly called the applicant forward. Mike Lease, Structures & Interiors, representing Dr. David Crumpton, a 20-year business man here in Trophy Club, asking for approval of a site plan for their project. Chairman Senelly asked if they are seeking any variances. Mr. Lease responded they are not, but that there is a sizeable tree mitigation requirement for the site. Chairman Senelly asked if they are seeking a variance in regard to tree mitigation. Mr. Lease responded they are not. Chairman Senelly pointed out that it appears the applicant is asking for a modification to the size of the building signs. Mr. Lease stated that they are. He explained that they can’t find a site for a monument sign along Highway 114 access road frontage due to easements along that road therefore they are asking for a variance for the size of the signage on the building. Commissioner Allen stated that he is a patient of Dr. Crumpton and he wanted to disclose that on the record. Chairman Senelly responded that he appreciated the disclosure but it didn’t prevent Commissioner Allen from being part of the discussion and recommendation for the case. Commissioner Sheridan asked if the landscaping and photometrics are in compliance or “appear to be” in compliance as stated in the state report. Ms. Huggins stated that an engineered signed and sealed photometrics plan has not yet been reviewed – only the unsigned plan has been reviewed – therefore the plan appears to be in compliance but staff will want to review the engineered signed and sealed plan before stating with certainty that it complies with Town regulations. Regarding the landscape plan, it is in compliance unless a variance is requested for tree mitigation, which could change the landscape plan. At the time that the staff report was written, the applicant had not committed one or the other – 1) meeting the tree mitigation, or 2) requesting a variance. Commissioner Sheridan asked that tree mitigation be resolved prior to any disturbance of the land (early grading, etc.). Commissioner Sheridan asked if the site plan is approved without a monument sign can the applicant meet the Town’s sign ordinance regulations and install a monument sign without permission of P&Z and Council. Ms. Huggins stated that the addition of a monument sign would require a site plan approval amendment brought back before P&Z and Council. Town Council Packet 105 of 115 September 3, 2013 Commissioner Sheridan asked if the fire department has approved the ingress/egress. Ms. Huggins stated that they have. Commissioner Sheridan stated that he doesn’t see ADA ramps on the public walkways. Chairman Senelly stated that the accessible route is noted, but not the details. Ms. Huggins stated that they will be shown on the building plans. There was no further discussion and the Chairman called for a motion. Commissioner Sheridan made a motion recommending approval of the site plan as submitted with the stipulation that a signed and sealed photometrics plan review be completed. Commissioner Reed seconded the motion. Chairman Senelly called for a vote which was unanimous. STAFF COMMENT: After the Planning and Zoning Commission meeting, and prior to Council’s consideration of this item, the signed and sealed photometrics plan was reviewed and approved as noted in this staff report. The applicant is requesting approval of the Site Plan with a variance for signage letter height. ch Attachments: Application 24x36 Site Plan Package (hardcopy only) Town Council Packet 106 of 115 September 3, 2013 T o w n C o u n c i l P a c k e t 1 0 7 o f 1 1 5 S e p t e m b e r 3 , 2 0 1 3 To w n Co u n c i l Pa c k e t 10 8 of 11 5 September 3, 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: August 13, 2013 RE: PD 25 Lot 2R-1, Block B Trophy Wood Business Center – Final Review Plan comments have been addressed. The site plan package is ready to proceed to Council. Town Council Packet 109 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-530-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Town Manager's Update; discussion of same. - November 5, 2013 Election Update - Transportation Update Hwy 114/170 - Indian Creek Project Update - TIRZ No. 1 Board Applicant Update - TCEQ Update Attachments: Action ByDate Action ResultVer. Town Manager's Update; discussion of same. - November 5, 2013 Election Update - Transportation Update Hwy 114/170 - Indian Creek Project Update - TIRZ No. 1 Board Applicant Update - TCEQ Update Town Council Packet 110 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-531-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - August 23, 2013 - Northeast Courthouse groundbreaking - August 23, 2013 - Women in Government luncheon Attachments: Action ByDate Action ResultVer. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - August 23, 2013 - Northeast Courthouse groundbreaking - August 23, 2013 - Women in Government luncheon Town Council Packet 111 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-532-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Future Agenda Items Attachments:FutureAgendaItemList.pdf Action ByDate Action ResultVer. Future Agenda Items Town Council Packet 112 of 115 September 3, 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. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 4. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 5. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 6. 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) 7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 8. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 9. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013) 10. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 11. Discussion and action for a new Town Logo (Tiffany 7/15) 12. Ordinance update regarding home occupation and number criteria for single family residential. (Lamont 7/15) Town Council Packet 113 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-533-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (the Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B) Texas Government Code Section 551.074(a) "Personnel Matters", to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary, Amy Piukana Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (the Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B)Texas Government Code Section 551.074(a) "Personnel Matters", to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary, Amy Piukana Town Council Packet 114 of 115 September 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-534-T Name: Status:Type:Agenda Item Draft File created:In control:8/26/2013 Town Council On agenda:Final action:9/3/2013 Title:Consider and take appropriate action regarding Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding Executive Session. Town Council Packet 115 of 115 September 3, 2013