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Agenda Packet TC 10/28/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:30 PMTuesday, October 28, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 1.2014-1573-T Swearing in of Chief Patrick Arata WORKSHOP SESSION 2.2014-1547-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28, 2014. 3.2014-1548-T Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the November 13, 2014 meeting. Proposed 11-13-2014 Agenda.pdfAttachments: 4.2014-1570-T Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and other types of fowl with the Town limits. Staff Report - Maintaining Chickens.pdf ORD 2006-43.pdf Table Comparing Ordinance Regulations.pdf Attachments: 5.2014-1552-T Discussion of items from future agenda list: A. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014) C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) E. Consider and take appropriate action regarding residential property renewal for tax incentives and grants for the recovery and renewal of existing residential properties. (Rowe 8/12/2014) Town Council Page 1 of 178 Meeting Date: Tuesday, October 28, 2014 October 28, 2014Town Council Meeting Agenda 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 four (4) 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. 6.2014-1572-T Consider and take appropriate action regarding the minutes dated October 14, 2014. DRAFT TC Minutes 10-14-2014.pdfAttachments: 7.2014-1567-T Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town. Staff Report - Town's Cash Handling Policy.pdf Draft Cash Handling Policy.pdf Draft Coin Payments Policy Signage.pdf Attachments: 8.2014-1568-T Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee and approving related contracts and the payment of related fees in accordance with the budget and providing an effective date. RES 2014-41 Repealing RES 2014-27 Authorizing Participation in Coop Purchasing Programs.pdfAttachments: 9.2014-1569-T Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of Texas (“ERCOT”) membership for 2015 and the ERCOT Membership Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his designee to execute necessary documents. Staff Report - ERCOT Membership 2015.pdf ERCOT Membership Application and Agreement.pdf Attachments: Town Council Page 2 of 178 Meeting Date: Tuesday, October 28, 2014 October 28, 2014Town Council Meeting Agenda 10.2014-1559-T Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his designee to execute all necessary documents. Staff Report - ILA with City of Frisco for the purchase of Law Enforcement Uniforms.pdf City of Frisco Agenda Memo – Law Enforcement Uniforms.pdf Bid Award Letter – August 7, 2013.pdf Bid Award Renewal Letter – June 6, 2014.pdf Bid Tabulation – Law Enforcement Uniforms.pdf Interlocal Agreement.pdf Attachments: 11.2014-1571-T Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Denton County for Public Safety Application Support and Maintenance.pdf Letter regarding Interlocal Cooperation Agreement Public Safety Application and Maintenance Support.pdf Interlocal Cooperation Agreement Public Safety Application and Maintenance Support.pdf Exhibit A & B.pdf Attachments: 12.2014-1575-T Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Waters Edge at Hogan’s Glen, Phase 3.pdf Subdivider's Agreement - Waters Edge at Hogan's Glen Ph III.pdf Attachments: PUBLIC HEARING 13.2014-1549-T Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY 114. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7, 2014.) REGULAR SESSION 14.2014-1555-T Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Staff Report - Appointing a Chairperson for TIRZ #1.pdf Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf Attachments: Town Council Page 3 of 178 Meeting Date: Tuesday, October 28, 2014 October 28, 2014Town Council Meeting Agenda 15.2014-1551-T Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925 Trophy Club Drive. Staff Report - Trophy Club Commons Tree Mitigation Appeal.pdf Park Board Staff report.pdf Attachments: 16.2014-1556-T Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an effective date. Staff Report - CCPD Appointments.pdf Mike Conklin.pdf Robert Hauer.pdf Loren Van Roekel.pdf Jennifer Winmill.pdf RES 2014-40 CCPD Annual Appointments repealing RES 2014-37.pdf Attachments: 17.2014-1558-T Consider and take appropriate action regarding nominations to serve as a member of the Denton County Transportation Authority Board of Directors. Letter from Mary Horn RE Designation of Representative to Serve on the DCTA Board of Directors.pdfAttachments: 18.2014-1564-T Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone) on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200 for each violation; and providing an effective date. Staff Report - School Zone Time Change.pdf ORD 2014-34 Amending Chap 10 Art II Section 2 02 B (Speed Zones Times).pdf Attachments: 19.2014-1560-T Town Council Liaison Updates; discussion of same: * Parks & Recreation Board - October 20th Council Liaison Council Member Shoffner Town Council Page 4 of 178 Meeting Date: Tuesday, October 28, 2014 October 28, 2014Town Council Meeting Agenda 20.2014-1561-T Town Manager Slye's update regarding the following; discussion and provide input regarding same. * Election Update * Codification Update * Volunteer Dinner * Loop Road Update * Parks & Recreation Update - TC Fright Light Contest Winners - Dino Playground Update - Fall Family Camp Out - Fall Family Festival * Community Development Updates - Waters Edge at Hogan’s Glen, Phase 3 - Canterbury Hills, Phase 3 - The Isles of Turnberry, NH 4, The Highlands - Villas of Hogan’s Glen, Phase 2 21.2014-1562-T Items for Future Agendas. Items for Future Agendas.pdfAttachments: EXECUTIVE SESSION 22.2014-1565-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations RECONVENE INTO REGULAR SESSION 23.2014-1563-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 5 of 178 Meeting Date: Tuesday, October 28, 2014 October 28, 2014Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, October 23, 2014 by 7:30 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard 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 October, 2014. ________________________________, Title: ___________________________ Town Council Page 6 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1573-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/21/2014 Town Council On agenda:Final action:10/28/2014 Title:Swearing in of Chief Patrick Arata Attachments: Action ByDate Action ResultVer. Swearing in of Chief Patrick Arata Town Council Page 7 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1547-T Name: Status:Type:Agenda Item Workshop File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28, 2014. Attachments: Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28, 2014. Town Council Page 8 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1548-T Name: Status:Type:Agenda Item Workshop File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the November 13, 2014 meeting. Attachments:Proposed 11-13-2014 Agenda.pdf Action ByDate Action ResultVer. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the November 13, 2014 meeting. Town Council Page 9 of 178 Meeting Date: Tuesday, October 28, 2014 Meeting Date 11/13/2014 STAFF RPT RES ORD PROC File ID Dept Agenda items for Joint Meeting with TC MUD Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 13, 2014.Town Sec Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the November 25, 2014 meeting.Town Sec Consider and take appropriate action regarding crosswalk safety enhancements. ???? This item was requested to be brought forward after new Police Chief was on board. Consider and take appropriate action regarding parking on Parkview and options for Police Department mitigation.???? This item was requested to be brought forward after new Police Chief was on board. ITEMS FROM FUTURE AGENDA LIST: * Discussion regarding animal shelter long and short term facility. (11/18/2013) *Consider and take appropriate action regarding placing BNHS State Championship recognition on elevated water storage tank. (Sanders 5/19/2014) *Review ordinances regarding Town Homes,Condos and apartments.(Sanders 8/4/2014) Consent STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Minutes dated September 9, 2014.2014-1466-T Town Sec Consider and take appropriate action regarding the Minutes October 28, 2014.Town Sec Consider and take appropriate action regarding financial and variance report dated October 2014.Finance Regular Session STAFF RPT RES ORD PROC File ID Dept Isle of Turnberry Amended plat CD Proclamation Childhood Cancer Awareness Week November 23 - 29 x Town Sec Consider and take appropriate action regarding an Ordinance to Canvass the November 4, 2014 Special Election for the purpose of electing (1)Council Member for Place #4 to the Town Council to fill the remainder of an unexpired term of office of Place #4 created by a vacancy (term expiring May,2015)Attachments:*Ord 2014-x canvassing returns of November 4, 2014 election *Canvass Certification * Denton County Tally Sheet * Tarrant County Tally Sheet X Oath of Office to be administered by Municipal Court Judge,Chambers,and presentation of Certificates of election from Judge Chambers to incoming Council Members.Attachments:*Oath of Office *Statement of Appointed Officer * Certificate of Election (if necessary) Remarks to and from incoming Council Members. (if necessary) NISD Interlocal Agreement - Lakeview Soccer Complex 2014-1550-T ZBA Appointments Workshop Joint Meeting with Trophy Club MUD No. 1 starting at 6:00 pm Town Council Page 10 of 178 Meeting Date: Tuesday, October 28, 2014 Consider and take appropriate action regarding a Resolution repealing Resolution No.2014-30 appointing citizens to serve on the Citizens Financial Advisory Board (CFAB)and adopting a new resolution to fill a vacancy in an existing seat and to reaffirm existing appointments to the CFAB; and providing an effective date.X Finance Royal Troon recommendation from the Park Board-moved from 10/28/2014 to November agenda after election per Council - will move to January 2015 if run-off Trophy Club Fire Department EMS Director Agreement - medical control contact FDConsiderand take appropriate action regarding a Resolution repealing Resolution No.2014-08 appointing citizens to serve on the Tax Increment Reinvestment Zone (TIRZ)No.2 Board and adopting a new resolution to fill a vacancy in an existing seat and to reaffirm existing appointments to the TIRZ #2 ;and providing an effective date.x 2014-1554-T Town Council Liaison Updates; discussion of same: Town Sec Town Manager Slye's update regarding the following; discussion and provide input regarding same.Town Mgr Items for Future Agendas.Town Sec Executive Session STAFF RPT RES ORD PROC File ID Dept Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 11 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1570-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and other types of fowl with the Town limits. Attachments:Staff Report - Maintaining Chickens.pdf ORD 2006-43.pdf Table Comparing Ordinance Regulations.pdf Action ByDate Action ResultVer. Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and other types of fowl with the Town limits. Town Council Page 12 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Town Secretary Re: Workshop Item – Maintaining Chickens Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and other types of fowl with the Town limits. Explanation: Staff has received inquiries from residents regarding Town regulation of chickens and other fowl on residential properties. Staff has reviewed existing Town ordinances and determined that keeping of chickens is not currently prohibited; although current ordinances do regulate related nuisance and odor. Included in the backup are excerpts from ordinances adopted by other municipalities regulating the keeping of chickens and other fowl within Town limits. Staff is seeking input and direction from Council regarding the Town’s existing ordinance and potential amendments. Attachments: • Ordinance 2006-43 • Table Comparing Ordinance Regulations Town Council Page 13 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 14 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 15 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 16 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 17 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 18 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 19 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 20 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 21 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 22 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 23 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 24 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 25 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 26 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 27 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 28 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 29 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 30 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 31 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 32 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 33 of 178 Meeting Date: Tuesday, October 28, 2014 Chicken Ordinances/Information for City/Town October 23, 2014 • Allen – Ord. # 2867-10-09 It shall be unlawful for any person to keep any fowl, such as chickens, ducks, turkeys, geese, pigeons or guineas, except when the same are kept more than one hundred fifty (150) feet from any property line. Roosters are allowed. • Carrollton – Ord #2891 No fowl shall be kept on any lot or tract of land of less than one acre located in a residentially zoned area of the city. For each lot or tract in excess of one acre, an owner may keep five fowl per acre; provided no such fowl shall be allowed to roam, fly or be housed within 200 feet of any dwelling or business owned or occupied by any person other than the owner. Roosters allowed. • Flower Mound Fowl means a bird of any kind including, but not limited to, chickens, ducks, geese, guineas, pigeons, emus, ostriches, rheas, turkeys and pheasants. Town Council has passed a new ordinance (September 2012) up to four hens in a residential lot up to one acre. Residents on properties larger than one acre can have an unspecified number of hens and roosters. • Garland - 6534 Fowl shall be kept in an enclosure that is located at least thirty feet from any residential dwelling, other than that of the owner. It shall be unlawful to harbor more than four female fowl over the age of one month within the City limits. Maximum chickens allowed-2. Fowl shall be kept in an enclosure that is located at least thirty (30) feet from any residential dwelling. Roosters or male peafowl (peacocks) are prohibited. (Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6534, sec. 3, adopted 4/3/12) • Grand Prairie – 9729-2014 (1) It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city in any pen, stable, shed, coop or enclosure, if any part of such enclosure or structure is within one hundred fifty (150) feet of any residence, business or commercial establishment or office, (other than the owner's), grocery stores, restaurants, schools, hospitals and nursing homes. (2) It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city where there is less than five hundred (500) square feet for each twenty-five (25) fowl, being twenty (20) square feet for each fowl. Town Council Page 34 of 178 Meeting Date: Tuesday, October 28, 2014 • Highland Village – No ordinance regarding backyard chickens at this time. Complaints to Animal Services are investigated while homeowner present. No restrictions at this time. • Keller It shall be legal to house any fowl within city limits, including, but not limited to roosters, ducks, turkeys, geese, pigeons, or guineas. No more than twelve (12) chickens may be kept in SF 8.4 zoning or greater and twelve (12) chickens may be kept for additional each one-quarter (¼) acre; Chickens must be in a secure pen, coop, or enclosed yard, and pen, coop or fence must be of secure construction and strength to keep the chickens from running at large. A pen or coop must be at least five (5) feet from any property line. • Lewisville – Chickens must be kept in a coop or enclosure at all times in order to provide safe and healthy living conditions for the birds while minimizing negative impacts on neighbors. The enclosure must be at least 100 square feet, unless it is an integral part of the coop. The enclosed area must be clean, dry and odor-free and be kept in a neat and sanitary condition. Chickens must be secured within a coop at night. The coop must be enclosed on all sides, including a roof, and all openings must be covered with predator- and bird-proof wire. The coop will be considered an accessory building and will be treated as such under existing City codes. Chickens only will be allowed on single-family residential properties measuring at least 7,500 square feet. For residential properties that are at least 7,500 square feet but smaller than one acre, coops and enclosures must be at least 10 feet away from the primary residence on the property and at least 25 feet away from any adjacent residential or commercial building. Up to six chickens are allowed if there are no other regulated animals (dogs, cats, etc.) on the property. If there are other regulated animals, the total number of animals including chickens cannot be more than six. Roosters are not allowed. For lots larger than one acre, coops and enclosures must be at least 150 feet from neighboring buildings and must provide at least 100 square feet of space for each chicken. Up to five chickens are allowed for each quarter-acre of total property. Roosters are allowed if they are kept at least 1,500 feet away from neighboring buildings. • Roanoke It shall be unlawful for any person to keep or harbor any fowl within the corporate limits of the City in any pen, shed, coop, enclosed structure, or fenced yard, if any part of such enclosure, structure, or yard is within one hundred (100) feet of any residence, business or commercial establishment or office, school, hospital or nursing home. This section shall not apply to pet birds kept within residential or commercial structures, nor shall it apply to birdhouses for the keeping of migrating or wild birds. It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops, or other enclosures in which such fowl are confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or Town Council Page 35 of 178 Meeting Date: Tuesday, October 28, 2014 attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare, or to create a public nuisance. • Rowlett – 1982 (a) Generally. The keeping of fowl such as roosters, ducks, turkeys, geese, peacocks, guineas, or other such loud fowl within the city limits, in any pen, coop or enclosure that is within 150 feet of any residence (other than the owner's), business or school shall be prohibited. (b) Chickens. No person shall keep more than two hens in an area zoned residential within the city, and shall be no closer than 50 feet to the nearest inhabited dwelling, other than that of the owner. (c) Secure pen or enclosure. Any fowl kept within the city limits shall be in a secure pen, coop or enclosure, and such structure shall be of such construction and strength to keep such animals from running at large. (d) Exceptions. Public park lands and lakes shall be exempt from the fowl ordinance, as shall property or acreage annexed into the city after January 1, 1999, for a period of 12 months from adoption of an annexation ordinance. (Code 1982, § 9-1-18) Southlake Fowl. Chickens, turkeys, pheasant, peacocks, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed. Residents may keep up to twelve hens per quarter acre of residential property. Any fowl other than hens—including roosters, ducks, turkeys, geese, etc. must be kept at least 150 feet from the property line. The provision allows no more than six (6) fowl within the City limits * All towns/cities with fowl/chicken ordinances require properly maintained chicken coops Town Council Page 36 of 178 Meeting Date: Tuesday, October 28, 2014 HEALTH AND SAFETY CODE TITLE 10. HEALTH AND SAFETY OF ANIMALS CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS SUBCHAPTER A. TREATMENT OF ANIMALS Sec. 821.001. DEFINITION. In this subchapter, "animal" includes every living dumb creature. Sec. 821.003. TREATMENT OF LIVE BIRDS. (a) This section applies to a person who receives live birds for transportation or for confinement: (1) on wagons or stands; (2) by a person who owns a grocery store, commission house, or other market house; or (3) by any other person if the birds are to be closely confined. b) The person shall immediately place the birds in coops, crates, or cages that are made of open slats or wire on at least three sides and that are of a height so that the birds can stand upright without touching the top. (c) The person shall keep clean water and suitable food in troughs or other receptacles in the coops, crates, or cages. The troughs or other receptacles must be easily accessible to the confined birds and must be placed so that the birds cannot defile their contents. (d) The person shall keep the coops, crates, or cages in a clean and wholesome condition and may place in each coop, crate, or cage only the number of birds that have room to move around and to stand without crowding each other. (e) The person may not expose the birds to undue heat or cold and shall immediately remove all injured, diseased, or dead birds from the coops, crates, or cages. Town Council Page 37 of 178 Meeting Date: Tuesday, October 28, 2014 CITY/TOWN POPULATION CHICKENS ALLOWED/# PERMIT REQUIRED Y/N LAND RESTRICTIONS ALLEN 92,020 (2013) Not listed No 150 ft. away from property line CARROLLTON 126,700 (2013) 5 per one acre No 200 ft. of any dwelling other than owner FLOWER MOUND 68,609 (2013) 4 No 4 hens in a residential lot up to one acre. Residents on properties larger than one acre can have an unspecified number of hens and roosters. - GARLAND 234,566 (2013) 2 No 30 ft. from residential dwelling GRAND PRAIRIE 183,372 (2013) Not listed No It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city where there is less than five hundred (500) square feet for each twenty-five (25) fowl, being twenty (20) square feet for each fowl. HIGHLAND VILLAGE 15,747 (2013) No limit n/a No restrictions at this time KELLER 42,907 (2013) 12 No No more than twelve (12) chickens may be kept in SF 8.4 zoning or greater and twelve (12) chickens may be kept for additional each one- quarter (¼) acre LEWISVILLE 101,074 (2013) 6 (if no other animals) Yes Dwelling of at least 7500 10 ft. away from primary residence & 25 ft from adjacent resident/business ROANOKE 6,646 (2013) 0 within city limits n/a 100 ft. of residence or business ROWLETT 58,043 (2013) 2 no 50 ft. of residence SOUTHLAKE 28,234 (2013) 6 no 6 within city limits. Residents may keep up to twelve hens per quarter acre of residential property. Any fowl other than hens—including roosters, ducks, turkeys, geese, etc. must be kept at least 150 feet from the property line Town Council Page 38 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1552-T Name: Status:Type:Agenda Item Workshop File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Discussion of items from future agenda list: A. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014) C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) E. Consider and take appropriate action regarding residential property renewal for tax incentives and grants for the recovery and renewal of existing residential properties. (Rowe 8/12/2014) Attachments: Action ByDate Action ResultVer. Discussion of items from future agenda list: A. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014) C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) E. Consider and take appropriate action regarding residential property renewal for tax incentives and grants for the recovery and renewal of existing residential properties. (Rowe 8/12/2014) Town Council Page 39 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1572-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/21/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding the minutes dated October 14, 2014. Attachments:DRAFT TC Minutes 10-14-2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the minutes dated October 14, 2014. Town Council Page 40 of 178 Meeting Date: Tuesday, October 28, 2014 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, October 14, 2014 at 6:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 14, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Lee Delk Police Commander/Interim Police Chief John Zagurski Budget Analyst Matt Jones Senior Planner Mayor Sanders announced the date of Tuesday, October 14, 2014 called the Town Council to order and announced a quorum at 6:32 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 14, 2014. Council Member Reed requested to pull agenda item #8 from the consent agenda. Council Member Shoffner requested to move agenda item #13 & #14 to the consent agenda. Council Member Shoffner would like to change the future agenda list – place a 90 day trigger on future agenda items where the item will be moved to workshop to receive input on the status. 2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the October 28, 2014 meeting. Mayor Sanders questioned the Royal Troon agenda item wanting to know if this would be the recommendations from the Park Board and requested to get this information as soon as possible. Mayor Pro Tem Lamont asked that this item be moved to after the election. Council agreed. Town Council Page 41 of 178 Meeting Date: Tuesday, October 28, 2014 3. Discussion and review of current West Nile Virus Response: Trophy Club Mosquito Management Program. Senior Planner Matt Jones provided an overview of the 2012 Trophy Club Mosquito Management Program and updated the Council regarding adding a trapping/testing section that clearly outlines the triggers for ground spraying. Staff is researching various options, including partnering with other municipalities, piggybacking on county contracts or contracting the trapping/testing to a third party vendor. Council provided input regarding trapping/testing/spraying and tasked staff with bringing back more data/research for the 2015 mosquito plan. CONVENE INTO REGULAR SESSION - START TIME – 7:00 P.M. The Invocation was offered by Council Member Parrow. The Pledges were led by Town Manager Slye. 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 four (4) 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. Wanda Franklin, 4 Turnbury Court, addressed the Council in request Council review the noise ordinance specifically along HWY 114 West. Kellen Card, 2214 Glasgow, addressed the Council regarding being able to have a lemonade stand. Henry Card, 2214 Glasgow, addressed the Council regarding being able to have a lemonade stand to help raise money. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4. Consider and take appropriate action regarding the Minutes dated August 26, 2014. 5. Consider and take appropriate action regarding the Minutes dated September 15, 2014. 6. Consider and take appropriate action regarding the Minutes dated September 23, 2014. 7. Consider and take appropriate action regarding financial and variance report dated September 2014. 8. Consider and take appropriate action regarding waiving the voter registration requirement for Charles Onyeama appointed as an alternate on the Ethics Commission. *** Agenda item #8 removed from consent agenda at the request of Council Member Reed. Staff provided an overview regarding Dr. Onyeama, who is currently an alternate on the Ethics Commission, lives in Trophy Club, but is not a registered voter. Dr. Onyeama is requesting the Council to consider waving the voter registration requirement and allow him to serve as an alternate. Town Council Page 42 of 178 Meeting Date: Tuesday, October 28, 2014 Motion made by Council Member Shoffner, seconded by Council Member Reed, to grant the waiver for registration requirement for Charles Onyeama appointed as an alternate on the Ethics Commission. Motion failed 2-4-0 with Council Member Shoffner, Mayor Sanders, voting for and Council Member Parrow, Council Member Reed , Council Member Rowe and Mayor Pro Tem Lamont voting against. Mayor Sanders also added agenda item #13 & #14 to the consent agenda. Council Member Reed removed agenda item #8 from the consent agenda. Minutes dated September 23, 2014 as corrected at the dais. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda as corrected at the dais including agenda item #13 & #14. Motion passed unanimously. REGULAR SESSION 9. Consider and take appropriate action regarding proposed Town Council Meeting dates for November & December 2014. Dates for November Staff proposes moving the regularly scheduled November 11th meeting to November 13th in order to meet the required timeline for canvassing the November election with a joint meeting with Trophy Club MUD 1 to be held before the regular session starting at 6:00 pm. November 25th Dates for December Staff proposes moving the regularly scheduled December 9th Town Council meeting to December 18th in order to canvass the election in case of a runoff and cancel December 23rd. Tentative dates for January 2015: January 13, 2015 – Town Council Meeting January 19, 2015 – Founders Day Event January 23 & 24, 2015 – Council Retreat (Budget Kick-Off for FY2015-2016 and discuss the goals and objectives for the upcoming year) January 27, 2015 - Town Council Meeting Council agreed, no action was taken. 10. Consider and take appropriate action regarding the appointment of Council Members to serve on the Audit Committee. Motion made by Council Member Parrow, seconded by Council Member Reed, to appoint Mayor Sanders and Council Member Rowe to the Audit Committee. Motion passed unanimously. 11. Consider and take appropriate action regarding Drees Custom Homes placement of required fill dirt per the approved PD-22 Villas construction plans. Council discussed various issues regarding the route, hours, timing, frequency and safety. The developer indicated they will work with the Hogan’s Glen HOA to try and utilize access to the development. Town Council Page 43 of 178 Meeting Date: Tuesday, October 28, 2014 Discussion only, no action taken. 12. Consider and take appropriate action regarding an Ordinance of the Town amending Article II, “Food Establishment Regulations” of Chapter 6, “Health and Sanitation” of the Code of Ordinances by repealing Subsection B of Section 2.04, “Permits and Exceptions” and adopting a new Subsection 2.04(B), “Permits and Exceptions” to exclude certain lemonade stands and similar child run operations from the requirements of Article II; providing for an amendment; providing for severability; providing a penalty; and providing an effective date. Motion made by Council Member Shoffner, seconded by Council Member Parrow, to approve Ordinance 2014-33 repealing Subsection B of Section 2.04, “Permits and Exceptions” and adopting a new Subsection 2.04(B), “Permits and Exceptions” to exclude certain lemonade stands and similar child run operations from the requirements of Article II; providing for an amendment; providing for severability; providing a penalty; and providing an of October 14, 2014. Motion passed unanimously. 13. Consider and take appropriate action regarding a request for approval of a Temporary Use Permit - pursuant to Chapter 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Model Home Parking Lot, located at 347 Tenison Trail. *** Agenda item #13moved to consent agenda at the request of Council Member Shoffner. This agenda item approved with consent agenda. 14. Consider and take appropriate action regarding a request for approval of a Temporary Use Permit - pursuant to Chapter 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer to be located at 2850 E. HWY 114. *** Agenda item #14 moved to consent agenda at the request of Council Member Shoffner. This agenda item approved with consent agenda. 15. Consider and take appropriate action regarding a request for approval of a Preliminary Plat for Solana Land Addition, Block 1, Lots 1 and 2, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club, Denton County, Texas. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Preliminary Plat for Solana Land Addition, Block 1, Lots 1 and 2, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club, Denton County, Texas. Motion passed unanimously. 16. Consider and take appropriate action regarding a request for approval of a Final Plat for Solana Land Addition, Block 1 (2.925 acres), Lot 1, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club, Denton County, Texas, and being located in Planned Development No. 34. A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town of Trophy Club and Trophy Lodging LTD, for Solana Land Addition, Block 1, Lot 1, an approximate 2.925 acre tract of land; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 44 of 178 Meeting Date: Tuesday, October 28, 2014 Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve Final Plat for Solana Land Addition, Block 1 (2.925 acres), Lot 1, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club, Denton County, Texas, and being located in Planned Development No. 34. Motion passed unanimously. Motion made by Council Member Reed, seconded by Council Member Parrow, to approve the Subdivider's Agreement between the Town of Trophy Club and Trophy Lodging LTD, for Solana Land Addition, Block 1, Lot 1, an approximate 2.925 acre tract of land. Motion passed unanimously. 17. Consider and take appropriate action regarding a request for approval of a Site Plan for a Homewood Suites, located at the proposed Lot 1, Block 1, Solana Land Addition, Town of Trophy Club, TX. The Civil Engineer with Trophy Lodging answered questions from Council regarding the Homewood Suites site plan. The developer proposed moving the brick wall in two feet, which will be maintained by the hotel and act as the divider between the hotel property and private property owner located behind the hotel. The developer/contractors will work with the two residents sharing the wall regarding installation and maintenance. The signs will be backlit and the larger sign will face SH 114. Council addressed aesthetic issues regarding the monument sign (materials, construction and size) and requested that stone matching the hotel be used for the base of the monument sign. Council would like the grease traps not be located close to residential homes and the dumpster wall gate needs to be more aesthetically pleasing (steel door with wood inset). Main Motion Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Site Plan for Homewood Suites, located at the proposed Lot 1, Block 1, Solana Land Addition, Town of Trophy Club, TX. Main motion as amended by the plan passed unanimously. Amended Motion Motion made by Mayor Sanders, seconded by Council Member Shoffner moved to amend the main motion and amend the Site Plan subject to the following amendments: • Work with staff to have the front monument sign have stone on the bottom to match the building • Grease interceptors/traps not be located close to residential homes • Staff and developer decided exactly where the wall will stand • Staff and developer will work with the property owners for how they get their fences connected appropriately • Dumpster wall gate needs to be more aesthetically pleasing (steel door with wood inset) Amended motion passed unanimously. 18. Town Manager Slye's update regarding the following; discussion and provide input regarding same. • Election Update • Oncor Update • PD 30 Update • Dino Playground Update • Indian Creek Road Construction Update • TCWC Community Garage Sale - Saturday, October 18th • Fall Family Festival - Saturday, October 18th • Fall Family Campout - Saturday, October 25th Town Manager Slye updated the Council and addressed questions; no action taken, update only. Town Council Page 45 of 178 Meeting Date: Tuesday, October 28, 2014 19. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. No changes were made to the list. Mayor Sanders Review our ordinances that deals with animals such as chickens, roosters and the placement of coops. Council Member Rowe would like to bring item #1. Consider and take appropriate action regarding residential property renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Rowe 8/12/2014) to a workshop on the next agenda or the first November 2014 meeting. EXECUTIVE SESSION 20. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations CONVENE INTO EXECUTIVE SESSION - START TIME – 9:28 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 10:30 P.M. RECONVENE INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn. Motion carried unanimously. Meeting adjourned at 10:31 p.m. ___________________________________ ___________________________________ Tammy Ard, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 46 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1567-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town. Attachments:Staff Report - Town's Cash Handling Policy.pdf Draft Cash Handling Policy.pdf Draft Coin Payments Policy Signage.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town. Town Council Page 47 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: John Zagurski, Budget Analyst CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Town's Cash Handling Policy Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town. Explanation: The Town accepts all legal currency tendered for payment of fines and fees due to the Town. Federal law mandates requirements for acceptance of currency by governmental entities; however, municipalities have the authority to adopt reasonable policies for the processing of coin payments. Based upon a recent incident involving a person attempting to tender payment of a fine to the Municipal Court in pennies, the Town has determined it appropriate to adopt a coin payment policy. Ultimately Staff was able to persuade the person to take the coins to the bank to be converted to paper currency. If he had not been persuaded, the Court Clerk would have been required to count out all pennies tendered, and in addition to taking several hours for the Clerk to count by hand, she would have had to stop the counting process to help other customers and those interruptions could have contributed to errors in counting and prolonged the process. Attachments: • Draft Cash Handling Policy • Draft Coin Payments Policy Signage Recommendation: To promote the most efficient use of staff time and public funds it is the recommendation of staff to amend the Town of Trophy Club’s Cash Handling Policy to include the following standards for processing of coin payments: Payment of Fees and Fines tendered in coins will be accepted until 10:00 a.m. each day. Payers must anticipate a delay in crediting of payments while coin payments are triple counted for Town Council Page 48 of 178 Meeting Date: Tuesday, October 28, 2014 accuracy. For coin payments tendered in currency less than a quarter ($0.25), Staff will utilize a maximum of one (1) hour during the business day to complete the triple counting process. Payer must remain on premises while coins are being counted. If counting cannot be completed within that one (1) hour period, the balance of the currency will be returned to the Payer, a receipt will be issued for the partial payment, and the Payer may return the following business day to complete the tender of payment. If payment in full is not received or a payment in not completed until after a delinquency date, Payer will be subject to delinquency fees as well as other fees and penalties authorized by law. A sign advising the public of the Town’s Coin Payment Policy shall be posted to provide notice to the public. Town Council Page 49 of 178 Meeting Date: Tuesday, October 28, 2014 TOWN OF TROPHY CLUB CASH HANDLING POLICY CASH: During hours of operation, coins, currency and checks will be secured in a designated locked drawer or cash register. When not in use all coins, currency and checks must be stored in one of three locking bank bags assigned to each cashier and secured in the designated safe. Each cashier will be assigned a cash till (cash drawer) for use during their scheduled shift. Cash in this till remains the property of the Town of Trophy Club and at no time will be converted to or otherwise allowed for personal use. There is only one cashier assigned per till. When not in use, the till must be secured in one of the three locking bank bags assigned to each cashier. Cash tills are provided to perform the function of cashier only. At no time will the cashier use this till to cash checks, pay vouchers, provide petty cash, issue refunds, or any other cash related function except to make change for cash transactions, store cash received for services/goods, and store check payments received for same said functions. Cash tills must be counted at the beginning of a shift and at shift end to ensure the till is at the issued balance. EACH CASH TILL MUST ALWAYS REMAIN AT THE ISSUED BALANCE. Cash till variances, missing tills, or theft must be reported immediately to the supervisor. COIN PAYMENTS Payment of Fees and Fines tendered in coins will be accepted until 10:00 a.m. each day. Payers must anticipate a delay in crediting of payments while coin payments are triple counted for accuracy. For coin payments tendered in currency less than a quarter ($0.25), Staff will utilize a maximum of one (1) hour during the business day to complete the triple counting process. Payer must remain on premises while coins are being counted. If counting cannot be completed within that one (1) hour period, the balance of the currency will be returned to the Payer, a receipt will be issued for the partial payment, and the Payer may return the following business day to complete the tender of payment. If payment in full is not received or a payment is not completed until after a delinquency date, Payer will be subject to delinquency fees as well as other fees and penalties authorized by law. A sign advising the public of the Town’s Coin Payment Policy shall be posted to provide notice to the public. CHECKS: Proper identification must be requested from the presenting party. Lack of identification is proper grounds for check refusal. Checks must be restrictively endorsed upon receipt (i.e. stamped “For Deposit Only” upon receipt). Checks must be made payable to the Town of Trophy Club and are to be accepted for the amount of the purchase/transaction only. Personal checks can not be exchanged for cash. Checks must not be post dated or otherwise held for future processing. Town Council Page 50 of 178 Meeting Date: Tuesday, October 28, 2014 Third party checks are not permitted. REPORTING AND DEPOSITS: Record each transaction in designated cash receipt application or cash register immediately when received. Payment type (cash, check, or credit card) must be indicated on each transaction. Daily reconciliations are required for each cashier’s shift. The reconciliation for each cashier’s shift must be completed immediately at the close of his/her shift. Each cashier will prepare a deposit slip related to that shift’s transactions. The original deposit slip and all cash and checks related to that shift’s receipts must be secured in one of the cashier’s bank bags and turned into the cashier’s supervisor or his/her designee. The remaining cashier’s designated till will be secured in a locking bank bag assigned to the cashier. Each cashier must close out their respective transactions at the end of each shift and balance the cash and checks to the transaction report and/or the cash register tape for the same period. The supervisor or his/her designee will deliver all deposits related to the previous business day to the Finance Department along with the cash receipts report and related duplicate copy of the deposit slip. Cash counting and/or deposit preparation must be performed out of public view. If a cashier’s cash and checks do not balance to the transaction report for the same period, the resulting shortage or overage must be reported immediately to the cashier’s supervisor. The cashier will secure all relevant documents, reports, and the related cash and checks in a locking bank bag and provide such to the supervisor or his/her designee. The supervisor will notify the Director of Finance and take the locked bank bag to the Director of Finance or his/her designee. The Director of Finance and/or his/her designee will verify the shortage or overage. Town Council Page 51 of 178 Meeting Date: Tuesday, October 28, 2014 Town of Trophy Club, Coin Payments Policy: Payment of Fees and Fines tendered in coins will be accepted until 10:00 a.m. each day. Payers must anticipate a delay in crediting of payments while coin payments are triple counted for accuracy. For coin payments tendered in currency less than a quarter ($0.25), Staff will utilize a maximum of one (1) hour during the business day to complete the triple counting process. Payer must remain on premises while coins are being counted. If counting cannot be completed within that one (1) hour period, the balance of the currency will be returned to the Payer, a receipt will be issued for the partial payment, and the Payer may return the following business day to complete the tender of payment. If payment in full is not received or a payment is not completed until after a delinquency date, Payer will be subject to delinquency fees as well as other fees and penalties authorized by law. Thank you for your cooperation. Town Council Page 52 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1568-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee and approving related contracts and the payment of related fees in accordance with the budget and providing an effective date. Attachments:RES 2014-41 Repealing RES 2014-27 Authorizing Participation in Coop Purchasing Programs.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee and approving related contracts and the payment of related fees in accordance with the budget and providing an effective date. Town Council Page 53 of 178 Meeting Date: Tuesday, October 28, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-41 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-27 AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation; and WHEREAS , Town’s participation in the cooperative purchasing programs and other approved state programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purchase goods and services from qualified vendors, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings that such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town’s participation in these programs is beneficial and should be approved, that Resolution No. 2014-27 should be repealed in its entirety, that this Resolution be adopted, and that the Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in such cooperative programs; and Town Council Page 54 of 178 Meeting Date: Tuesday, October 28, 2014 WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, such Agreement and fee are hereby approved and the Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds are budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town’s participation in the following cooperative purchasing programs is hereby authorized and approved in accordance with the terms of this Resolution and of the Town of Trophy Club Procurement Policies and Procedures: BuyBoard Choice Partners City of Frisco Denton County Department of Information Resources (DIR) Houston-Galveston Area Council Cooperative Purchasing Program (H-GAC) National Joint Powers Alliance (NJPA) North Central Texas Council of Government Cooperative Purchasing Program (NCTCOG) Tarrant County Texas Building and Procurement Commission (TBPC) Texas Interlocal Purchasing System (TIPS) Texas Multiple Award Schedules (TXMAS) Texas Procurement and Support Services (TPASS) The Cooperative Purchasing Network (TCPN) Trusted Purchasing Alliance (TPA) US Communities US General Services Administration (GSA) Western States Contracting Alliance Section 3. The Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such participation. Section 4. The Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) according to the terms and Town Council Page 55 of 178 Meeting Date: Tuesday, October 28, 2014 conditions set forth in this Resolution and the Town’s Procurement Policies and Procedures. Section 5. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 28th day of October, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 56 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1569-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of Texas (“ERCOT”) membership for 2015 and the ERCOT Membership Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his designee to execute necessary documents. Attachments:Staff Report - ERCOT Membership 2015.pdf ERCOT Membership Application and Agreement.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of Texas (“ERCOT”)membership for 2015 and the ERCOT Membership Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his designee to execute necessary documents. Town Council Page 57 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Town Secretary Re: Electric Reliability Council of Texas (“ERCOT”) Membership 2015 Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of Texas (“ERCOT”) membership for 2015 and the ERCOT Membership Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his designee to execute necessary documents. Explanation: Trophy Club was not included in last year’s membership renewal activity. Cost to join is $100. What is ERCOT? ERCOT is the entity responsible for operating the electric grid in the deregulated portion of Texas. Furthermore, ERCOT maintains the set of complicated rules that frame the way that electricity is bought and sold in the deregulated wholesale market. Through a process of negotiation and deliberation within committees of interested parties, the ERCOT stakeholder process is constantly reviewing and revising these rules, known as the ERCOT protocols. Most of the issues addressed at ERCOT are addressed nowhere else — the PUC has largely delegated these issues to the ERCOT stakeholder process. What role can cities play in the ERCOT process? Consumers, such as cities and other political subdivisions, have a voice in ERCOT’s decision- making process. Each segment of the ERCOT market has a vote on issues before ERCOT, through its representatives on the Technical Advisory Committee (“TAC”) and the Board of Directors. Cities and other political subdivisions qualify to join ERCOT and elect TAC and Board members in the Commercial Consumer Segment. TAC and the Board are the bodies responsible for making the most important decisions about the detailed workings of the ERCOT market. These decisions can have bottom-line impacts on electricity prices. Approximately 140 cities and other political subdivisions joined ERCOT in 2014. With this membership strength, cities successfully elected two city representatives to TAC and one director to ERCOT’s Board of Directors for 2014. A strong contingent of city members would make continuation of this robust presence likely for 2015. Town Council Page 58 of 178 Meeting Date: Tuesday, October 28, 2014 As you know, ERCOT faced many challenges in 2014 including rolling black-outs, fierce debates over the future of the deregulated market, and questions over how the grid should be expanded in areas such as Houston or the Lower Rio Grande Valley. We expect the PUC and the ERCOT stakeholder process to re-examine significant aspects of Texas’s deregulated market design in 2015, making cities’ presence in the ERCOT process on behalf of consumers of continued importance. What does an ERCOT membership require? It is not difficult to obtain an ERCOT membership. A simple form is required, along with payment of a $100 membership fee. In the pages that follow, you will find a guide to completion of the form. We are also available to assist you; please feel welcome to call me (Chris Brewster) at 512-322-8531, or email me at cbrewster@lglawfirm.com. The most important aspect of an ERCOT membership is that it entitles you to vote in the upcoming ERCOT elections for 2015. We expect to be able to field a full slate of city candidates to serve in the available TAC and Board of Directors positions. In order to vote, however, ERCOT must receive your membership form and $100 fee by November 7, 2014. Attachments: • ERCOT Membership Application and Agreement Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Recommendation: Staff recommends approval of the Electric Reliability Council of Texas (“ERCOT”) Membership for 2015. Town Council Page 59 of 178 Meeting Date: Tuesday, October 28, 2014 ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2015 This Membership Application and Agreement (Agreement) is by and between Electric Reliability Council of Texas Inc. (ERCOT) and Town of Trophy Club (Applicant). In consideration of the mutual covenants contained herein, the parties hereby agree that the Applicant shall become an ERCOT Member and receive the ERCOT Member Services and benefits described herein, subject to the terms and conditions of this Agreement. This Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the qualifications for ERCOT Membership. Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws or the ERCOT Protocols. A. Membership Application Information 1. Name of Entity applying for Membership: Town of Trophy Club 2. Type of Membership: Check ONE type of Membership. Affiliated Entities as defined in the ERCOT Bylaws may hold only one Corporate Membership. Entities applying for additional Memberships, such as an Associate Membership, must use a separate Agreement for each Membership. The applicable fees are listed below and entitle Members to services ERCOT provides such as hosting ERCOT meetings, providing Members with necessary information and such other Member Services as may from time to time be offered. Please note that any Member may request that the Member’s Annual Member Service Fees be waived for good cause shown. Corporate. Voting. $2,000 per Membership Year (except Residential and Commercial Consumer Members fees are $100 per year). Corporate Membership includes the right to vote on matters submitted to the general membership such as election of Board Directors, election of Technical Advisory Committee (TAC) Representatives and TAC subcommittees thereof and amendments to the Articles of Incorporation and the ERCOT Bylaws. Residential Consumer Members do not elect a Director to represent the Residential Consumer interests as the Public Counsel is mandated to represent these interests. Associate. Non-voting. $500 per Membership Year (except Residential and Commercial Consumer Members fees are $50 per year). Associate Membership includes no voting rights. However, an Associate Member may be elected by Corporate Members to serve as a voting member of the Board, TAC or a TAC subcommittee thereof. Adjunct. Non-voting. $500 per Membership Year. Entities not meeting the Segment requirements for Membership may join as Adjunct Members upon Board approval. Adjunct Membership does not include voting rights or the right to be elected to the Board, TAC or a TAC subcommittee thereof. 3. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered to ERCOT by the Record Date in order for the Member to participate in the elections for the Membership Year. Please make checks payable to ERCOT and mail to ERCOT, Attention: Legal Department, 7620 Metro Center Drive, Austin, Texas 78744. Please send an email to membership@ercot.com for wire instructions. Town Council Page 60 of 178 Meeting Date: Tuesday, October 28, 2014 4. Segment Participation: (Check ONE Segment designation.) Consumer. Any Entity representing the interests of end-users of electricity in the ERCOT Region. Check ONE Subsegment designation: Residential Consumer Small Commercial Consumer (Peak demand of 1000 KW or less) Large Commercial Consumer (Peak demand greater than 1000 KW) Industrial Consumer (Average monthly demand greater than 1 megawatt and engaged in an industrial process) Cooperative. An Entity operating in the ERCOT Region that is: (i) a corporation organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161 and operating under that chapter; (ii) a corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas; (iii) a cooperative association organized under Tex.Rev.Civ.Stat. 1396-50.01 or a predecessor to that statute and operating under that statute; or (iv) a River Authority as defined in Tex. Water Code §30.003. Independent Generator. Any Entity that is not a Transmission and Distribution Entity (T&D Entity) or an Affiliate of a T&D Entity and (i) owns or controls generation of at least 10 MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10 MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any necessary real property rights, has given the connecting transmission provider written authorization to proceed with construction and has provided security to the connecting transmission provider. Independent Power Marketer. Any Entity that is not a T&D Entity or an Affiliate of a T&D Entity and is registered at the Public Utility Commission of Texas (PUCT) as a Power Marketer to serve in the ERCOT Region. Independent REP. Any Entity that is certified by the PUCT to serve in the ERCOT Region as a Retail Electric Provider (REP) under PURA §39.352 and that is not an Affiliate of a T&D Entity operating in the ERCOT Region. Aggregators may register to participate in this Segment if unable to qualify in any other Segment. Investor-Owned Utility. (i) An investor-held, for-profit “electric utility” as defined in PURA §31.002(6) that (a) operates within the ERCOT Region, (b) owns 345 kV interconnected transmission facilities in the ERCOT Region, (c) owns more than 500 pole miles of transmission facilities in the ERCOT Region, or (d) is an Affiliate of an Entity described in (a), (b) or (c); or (ii) a public utility holding company of any such electric utility. Municipal. An Entity operating in the ERCOT Region that owns or controls transmission or distribution facilities, owns or controls dispatchable generating facilities, or provides retail electric service and is either: (i) a municipally owned utility as defined in PURA §11.003 or (ii) a River Authority as defined in Tex. Water Code §30.003. Town Council Page 61 of 178 Meeting Date: Tuesday, October 28, 2014 5. Identify your designated representative for required notices to ERCOT Members and for participation in meetings of the Corporate Members: Name: Mike Slye Title: Town Manager Address: 100 Municipal Drive City, State, Zip: Trophy Club, TX 76262 Phone: 682-831-4600 Fax: 817-491-9312 Email: mslye@trophyclub.org 6. List any other ERCOT Memberships held by the Applicant or any Affiliates (attach extra pages if necessary): (a) Entity name: Segment: (b) Entity name: Segment: (c) Entity name: Segment: B. Membership Agreement 1. Membership. Membership in ERCOT is open to any Entity that meets any of the Segment definitions set forth in the Bylaws. Members must be an organization that either operates in the ERCOT Region or represents consumers within the ERCOT Region. Members may join as a Corporate, Associate or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Members must apply for Membership through an authorized officer or agent. 2. Fees. Annual Member Services Fees are described in the ERCOT Bylaws and may be changed through the procedure set forth therein. Any change in fees shall automatically become effective as to all ERCOT Members without the necessity of amending this Agreement. All Memberships are year to year and must be renewed annually. Annual Member Services Fee renewals shall be due by the record date for the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew in yearly increments upon ERCOT’s receipt of the following (1) Member’s Renewal Application and (2) Member’s applicable Annual Member Services Fee. Any Member may request that the Member’s Annual Member Service Fees be waived for good cause shown. 3. Application for Membership. Members will submit the following items in order to apply for Membership: (i) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement. Upon approval, ERCOT will promptly notify Member Applicant of the same. 4. Change of Designated Representative. An ERCOT Member may change its representative at any time by written request (signed by a duly authorized representative of the ERCOT Member) submitted to the ERCOT Legal Department at membership@ercot.com. 5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they may be amended from time to time, and any other rule or regulation duly adopted by the Board of Town Council Page 62 of 178 Meeting Date: Tuesday, October 28, 2014 Directors. Any ERCOT Member, who willfully violates any provision of this Agreement, the ERCOT Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded, suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth in the ERCOT Bylaws. Such action will affect all persons deriving Membership privileges through such ERCOT Member. 6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or extended and the terms and conditions hereof may be waived only by a written instrument executed by both parties hereto or, in the case of a waiver, by the party waiving compliance. 7. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the exclusive jurisdiction of Texas. IN WITNESS WHEREOF, the Member certifies that (i) the Member meets the requirements for ERCOT Membership in the Segment designated herein; (ii) all information provided herein is true and correct to the best of the Member’s knowledge; and (iii) through its authorized representative the Member agrees to be bound by the terms of this Agreement, the ERCOT Bylaws and any other requirements duly adopted by the Board of Directors. By: _________________________________________ Printed Name: C. Nick Sanders Title: Mayor Date: October 28, 2014 Town Council Page 63 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1559-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his designee to execute all necessary documents. Attachments:Staff Report - ILA with City of Frisco for the purchase of Law Enforcement Uniforms.pdf City of Frisco Agenda Memo – Law Enforcement Uniforms.pdf Bid Award Letter – August 7, 2013.pdf Bid Award Renewal Letter – June 6, 2014.pdf Bid Tabulation – Law Enforcement Uniforms.pdf Interlocal Agreement.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his designee to execute all necessary documents. Town Council Page 64 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Tammy Ard, Town Secretary CC: Mike Slye, Town Manager Re: Interlocal Agreement with City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club and the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his designee to execute all necessary documents. Explanation: On August 6, 2013 the City of Frisco awarded a Cooperative Bid for Law Enforcement Uniforms to Red the Uniform Tailor and renewed the annual contract on June 6, 2014. The Interlocal agreement between the Town of Trophy Club and the City of Frisco will allow the Town to use the City of Frisco’s negotiated contract pricing for the purchase of various goods and services commonly utilized by the participants at Red the Uniform Tailor in Carrollton. Attachments: • City of Frisco Agenda Memo – Law Enforcement Uniforms • Bid Award Letter – August 7, 2013 • Bid Award Renewal Letter – June 6, 2014 • Bid Tabulation – Law Enforcement Uniforms • Interlocal Agreement Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Town Council Page 65 of 178 Meeting Date: Tuesday, October 28, 2014 Recommendation: Staff recommends approval of the Interlocal Agreement between the Town of Trophy Club and the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor. Town Council Page 66 of 178 Meeting Date: Tuesday, October 28, 2014 Department of Administrative Services City of Frisco, Texas Memorandum To: Honorable Mayor Maso and City Council Members Thru: George Purefoy, City Manager Nell Lange, Assistant City Manager Tom Johnston, Director of Administrative Services From: Daniel Ford, Purchasing Manager Date: July 22, 2013 Subject: Consider and Act Upon Award of Bid #1306-061, Cooperative Bid for Law Enforcement Uniforms, to Red the Uniform Tailor Action Requested: City Council award of Bid #1306-061, Cooperative Bid for Law Enforcement Uniforms, to Red the Uniform Tailor in the total estimated cooperative annual amount of $456,532. Background Information: The Purchasing Division solicited bid #1306-061 for Law Enforcement Uniforms. Bids were received on 7/10/2013 from Red the Uniform Tailor, GST Public Safety and Nardis Public Safety. Staff is recommending Red the Uniform Tailor as the lowest responsible bidder. The City of Frisco solicited this bid as the lead agency in a cooperative bid that included the estimated annual usage of Frisco, Allen, Coppell, Corinth, Farmers Branch, Grand Prairie, Grapevine, Little Elm and Roanoke. By combining the estimated usage of these entities, the cooperative contract realizes competitive pricing and reduced administrative cost of bidding to the other entities. The total estimated amount for all entities is $456,532. The City of Frisco’s estimated annual usage is $50,000. The term of the agreement is one year with four (4) additional one (1) year renewals. Board/ Citizen Input: N/A Alternatives: City Council could choose not to award at this time. Financial Considerations: Funding is available through the Police Department operating budget. Legal Review: N/A Supporting Documents: Department memo and bid tabulation. Town Council Page 67 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 68 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 69 of 178 Meeting Date: Tuesday, October 28, 2014 Daniel Ford City of Frisco Purchasing Manager 6101 Frisco Square Boulevard Frisco, Texas 75034 June 2, 2014 Dear Mr. Ford Please find the attached renewal letter for Best Value Bid 1306-061 with Red The Uniform Tailor signed by Chief Operating Officer, Patricia Klein. Additionally, as per page 20 of the contract we are requesting the following price changes occur during this renewal due to a vast increase in cost from our distributor, The Dehner Company. Below is communication directly from Dehner and also attached in this packet is the price increase letter she is referring to in the below communication. “The attached letter went along with the price lists. We experienced roughly an 8% increase in black calfskin and domestic leather and a 12% increase on our imported calfskin in colors other than black. I shudder to see what happens in the months to come; we were told of an increase today for insoles. The increase was approximately 33%! Please keep in mind as you bid on any new contracts that there will undoubtedly be an increase next February as well.” Regards, Kathy Kovalskas The Dehner Company, Inc. (402) 342-7788 Items relative to this increase on the bid are as follows: Top Strap Dress Instep Patrol Boots-Dehner, current price $785.00 requested increase $879.20, which is a 12% increase as noted above Custom Motor Boots Double Nitrene Sole-Dehner, current price $675.00 requested increase $756.00, which is a 12% increase as noted above. Town Council Page 70 of 178 Meeting Date: Tuesday, October 28, 2014 One additional addendum is relative to the oversize pricing, the charge for oversizes from Elbeco were left off the initial oversize pricing attachment. The below items and the oversize charges are noted below: Elbeco Short Sleeve Tactical Polo, all colors (Elbeco K5131) 2X thru 3X, add 20% = $36.25 4X, add 40% = $48.35 5X, add 50% = $57.98 Elbeco Long Sleeve Tactical Polo, all colors (Elbeco K5141) 2X thru 3X, add 20% = $39.85 4X, add 40% = $53.10 5X, add 50% = $63.70 Red The Uniform Tailor has sincerely enjoyed the formed partnership this past year with the City of Frisco and we look forward to a continued and improved 2014-2015. Please let me know if you have any questions. Kimberly L. Sylvester General Manager Red The Uniform Tailor 3200 Commander Drive Suite 114 Carrollton, Texas 75006 Town Council Page 71 of 178 Meeting Date: Tuesday, October 28, 2014 T o w n C o u n c i l P a g e 7 2 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 3 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 4 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 5 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 6 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 7 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 8 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 7 9 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 0 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 1 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 2 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 3 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 4 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 5 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 6 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 7 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 8 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 8 9 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 INTERLOCAL AGREEMENT This Interlocal Agreement (“Agreement”) is made and entered into this 28th day of October, 2014, by and between the CITY OF FRISCO, Texas (hereinafter called "FRISCO"), and the TOWN OF TROPHY CLUB, Texas (hereinafter called "TROPHY CLUB"), each acting by and through its duly authorized officials: WHEREAS, FRISCO and TROPHY CLUB are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, FRISCO and TROPHY CLUB wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which FRISCO and TROPHY CLUB may purchase various goods and services commonly utilized by each party; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of FRISCO and TROPHY CLUB through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, FRISCO and TROPHY CLUB have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; FRISCO and TROPHY CLUB agree as follows: 1. FRISCO and TROPHY CLUB may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts. 2. FRISCO and TROPHY CLUB shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. FRISCO and TROPHY CLUB shall each make their respective payments from current revenues available to the paying party. 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating party(ies). 4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. Town Council Page 90 of 178 Meeting Date: Tuesday, October 28, 2014 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. This Agreement shall become effective on the day and year first written above (the “Effective Date”). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date and terminating on October 1, 2015, and shall thereafter automatically renew for successive one-year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys’ fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 8 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 10. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. 11. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. Town Council Page 91 of 178 Meeting Date: Tuesday, October 28, 2014 EXECUTED hereto on the day and year first above written. CITY OF FRISCO TOWN OF TROPHY CLUB George Purefoy By: Mike Slye City Manager Town Manger STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the _ day of ______, 2014, by George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the _day of , 2014, by of the TOWN OF TROPHY CLUB, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas Town Council Page 92 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1571-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/21/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Denton County for Public Safety Application Support and Maintenance.pdf Letter regarding Interlocal Cooperation Agreement Public Safety Application and Maintenance Interlocal Cooperation Agreement Public Safety Application and Maintenance Support.pdf Exhibit A & B.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 93 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Chief Danny Thomas CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Denton County for Public Safety Application Support and Maintenance Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary documents. Explanation: This annual maintenance and service agreement covers support and training for our Computer Aided Dispatching (CAD) and record management system (Firehouse). This a split between Fire and EMS. Attachments: • Letter regarding Interlocal Cooperation Agreement Public Safety Application and Maintenance Support • Interlocal Cooperation Agreement Public Safety Application and Maintenance Support • Exhibit A & B Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Recommendation: Staff recommends approval of the Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support. Town Council Page 94 of 178 Meeting Date: Tuesday, October 28, 2014 T o w n C o u n c i l P a g e 9 5 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 9 6 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 9 7 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 9 8 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 9 9 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 0 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 1 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 2 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 3 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 4 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 5 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 6 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 7 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 8 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 9 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 0 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 1 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 2 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 3 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 4 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 5 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 6 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 7 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 8 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1575-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/23/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Waters Edge at Hogan’s Glen, Phase 3.pdf Subdivider's Agreement - Waters Edge at Hogan's Glen Ph III.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 119 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Matt Jones, Senior Planner CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Amendment - Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 3 Town Council Meeting, October 28, 2014 Agenda Item: Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3 and authorizing the Mayor or his designee to execute all necessary documents. Explanation: The final plat of Waters Edge at Hogan’s Glen, Phase 3 was approved by Town Council on August 12, 2014. The Subdivider’s Agreement for the public infrastructure construction of Canterbury Hills, Phase 3 was approved by the Town Council on August 12, 2014. Typically, the public construction costs estimates determine the amount due for inspections (5% of the project’s total public construction estimate). In this case, the inspection fees were based off of the total construction cost estimates for the project and not the public improvement construction cost estimates. The original Subdivider’s Agreement reflects total construction estimates of $915,806.80 (inspection fee - $45,790.34). This was done in error, and the appropriate amounts should reflect the costs of the public improvements for the project which are $565,385.20 (inspection fee - $28,269.26) which have been reviewed by the Town Engineer and are an accurate amount for the scope of work to be done on the public improvements for the project. The developer has also requested to add to the Subdivider’s Agreement that upon Substantial Completion of the improvements for the project that 10% (2 lots) be released for building permits. This is standard in previous Subdivider’s Agreements and was unintentionally left out of the original agreement. Attachments: • Subdivider’s Agreement Town Council Goals: Goal #1: Safe and secure community. Town Council Page 120 of 178 Meeting Date: Tuesday, October 28, 2014 Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Recommendation: Staff recommends approval of the Amended Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3. Town Council Page 121 of 178 Meeting Date: Tuesday, October 28, 2014 WATERS EDGE AT HOGAN’S GLEN, PHASE III SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and BDMR DEVELOPMENT, LLC acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the town limits of Trophy Club, Texas, for Waters Edge at Hogan’s Glen, Phase III, more particularly described as a tract of land consisting of approximately 21.123 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat as presented to TOWN Staff on August 12, 2014, and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on December 3, 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER shall award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements Town Council Page 122 of 178 Meeting Date: Tuesday, October 28, 2014 for being insured, licensed and bonded to perform work in public rights-of- way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the DEVELOPER for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, DEVELOPER may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the DEVELOPER providing a performance bond, payment bond, and maintenance bond, as specified above, DEVELOPER may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining Town Council Page 123 of 178 Meeting Date: Tuesday, October 28, 2014 amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. Town Council Page 124 of 178 Meeting Date: Tuesday, October 28, 2014 H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $565,385.20 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The Payment, Performance and Maintenance Bonds provided by the DEVELOPER shall cover only the public improvements and facilities for this Project. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat shall be recorded with the County Clerk of Denton County. Except as specifically provided herein, no building permits shall be issued for any lots in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, DEVELOPER shall provide the TOWN with the following documents: 1) One (1) copy of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. The list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. DEVELOPER shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all Town Council Page 125 of 178 Meeting Date: Tuesday, October 28, 2014 required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mike Slye, Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-490-0705 Fax: 817-336-2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that, except as specifically provided herein, the TOWN shall issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that, except as specifically provided herein, TOWN shall not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. Town Council Page 126 of 178 Meeting Date: Tuesday, October 28, 2014 P. After completion and prior to acceptance of all work, the DEVELOPER shall furnish to the TOWN an affidavit of all bills paid. Q. DEVELOPER shall be responsible for development of a Homeowners Association (HOA) and Developer/HOA shall be responsible for maintenance of all common areas. II. PUBLIC AND PRIVATE IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”. Except as expressly provided otherwise, DEVELOPER, and when applicable, Homeowners Association shall be responsible for the construction and maintenance of all improvements and facilities for the Project: 1) Water Distribution System. 2) Sanitary Sewer System. 3) Drainage and Storm Sewer System. 4) Street Paving – Streets shall be built to Town standards, shall be private, and shall be owned and maintained by the Homeowners Association for PD-22. 5) Landscaping (shall be owned and maintained by the PD-22 Homeowners Association). 6) Fences/Walls/Retaining Walls (shall be owned and maintained by the PD-22 Homeowners Association). 7) Signs – Shall comply with TOWN Sign Regulations. 8) Driveways and Walkways – The DEVELOPER shall be responsible for the construction of sidewalks and pathways as required in Ordinance 2000-09, Exhibit C, Item I. “Driveways and Walkways”, as well as to the standards and requirements of Item N. “Pathway Plan”, as well as to the standards and requirements of Chapter 12-Subdivision Rules & Regulations, Article V-Improvements, Section 5.05-Sidewalks and Extra Width Paths. 9) Lights – Street lights shall be as designated on street light layout plan approved by Town and submitted to Oncor. 10) Common Areas and Open Space Lots – All common areas and open space lots shall be owned and maintained by the Homeowners Association. Town Council Page 127 of 178 Meeting Date: Tuesday, October 28, 2014 11) Parkland Dedication – The DEVELOPER has met the parkland dedication requirements of the TOWN by previously conveying parkland. No additional dedication shall be required with this project. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The DEVELOPER shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the TOWN’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the TOWN. 4. Permits The DEVELOPER shall pay a Community Facilities inspection fee in the amount of $28,269.26 (5% of $565,385.20) to cover the cost of TOWN inspection fees as related to the construction of the Project. As applicable, DEVELOPER shall be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER shall be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development No. 22. DEVELOPER shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 22 and all TOWN approved amendments thereto in addition to all other TOWN ordinances. Town Council Page 128 of 178 Meeting Date: Tuesday, October 28, 2014 III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the following amounts: Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT shall accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, Town Council Page 129 of 178 Meeting Date: Tuesday, October 28, 2014 obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of Acceptance until all public and private facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. Upon Final Completion of the Partial Improvements, the Town shall issue Building Permits for ten (10) percent of the 22 homes proposed to be constructed in this PROJECT in accordance with the terms of this section. The Town shall process those permit applications based upon date and time of the filing of each permit application; provided however that permits shall only be issued for the first two (2) applications for Building Permits that meet all requirements of applicable regulations and for which all applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8, 9, and 10 listed in Paragraph II (A) herein (referred to in this paragraph as “Improvements” within 180 days of the final acceptance of the Partial Improvements. The TOWN shall not issue a Letter of Acceptance or certificates of occupancy for this PROJECT until all public facilities and improvements listed in Paragraph II (A) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements for this PROJECT. F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed Town Council Page 130 of 178 Meeting Date: Tuesday, October 28, 2014 AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances, and State and Federal law, shall be construed in favor of the TOWN’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the TOWN in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the TOWN . A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. Town Council Page 131 of 178 Meeting Date: Tuesday, October 28, 2014 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: BDMR Development, LLC Date: ______________ Printed Name:_____________________ Title: ____________________________ TOWN OF TROPHY CLUB, TEXAS Date: ______________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 132 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1549-T Name: Status:Type:Agenda Item Public Hearing File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY 114. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7, 2014.) Attachments: Action ByDate Action ResultVer. Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY 114.(THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7, 2014.) Town Council Page 133 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1555-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Attachments:Staff Report - Appointing a Chairperson for TIRZ #1.pdf Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Townof Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Town Council Page 134 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Town Secretary Re: Appointing a Chairperson for TIRZ #1 Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Explanation: Annual requirement to appoint the chair of TIRZ #1 Board. Attachments: • Resolution 2014-44 Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Recommendation: Staff recommends the Town Council approve Resolution 2014-44 reappointing David Brod as the Chairperson for the Tax Increment Reinvestment Zone (TIRZ) No. 1. Town Council Page 135 of 178 Meeting Date: Tuesday, October 28, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-04 APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB TEXAS AND ADOPTING THIS RESOLUTION REAFFIRMING EXISTING APPOINTMENTS AND APPOINTING A MEMBER OF THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB, TEXAS TO SERVE AS CHAIRPERSON FOR THE BOARD, AND DESIGNATING A TERM OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on February 3, 2014, the Town Council adopted Resolution No. 2014-04 to appoint residents to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club (Board), and designating a person to serve as Chairperson for the Board; and WHEREAS, state law mandates that one person be appointed to serve as the Chairperson for the Board of Reinvestment Zone No. One, with a term of service for the Chairperson being for one (1) year and commencing on January 1 of each year; and WHEREAS, the term of service for the currently designated Chairperson for the Board expires on December 31, 2014; and WHEREAS, the Town Council desires to appoint a member of the Board of Directors to serve as a Chairperson with a term commencing on January 1, 2015 and expiring on December 31, 2015; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-04 and adopts this Resolution to designate a member of the Board of Directors to serve as Chairperson for the period commencing January 1, 2015 and expiring on December 31, 2015 as set forth herein and to reaffirm current appointments as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 136 of 178 Meeting Date: Tuesday, October 28, 2014 Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2014-04, to appoint a Chairperson and to reaffirm existing appointments as applicable, the following individuals to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club, Texas and designating a Chairperson for the Board as specified below: Reinvestment Zone No. 1, Town of Trophy Club, Texas 1. Carolyn Simms (2015) (Tarrant County) 4. Jared King (2015) 2. *David Brod (2016) (EDC-4B) 5. Adam Broyles (2016) 3. Darryl Howard (2016) *Board Chair - appointment expires December 31, 2014 **Board Chair – appointment expires December 31, 2015. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 28th day of October, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 137 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1551-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925 Trophy Club Drive. Attachments:Staff Report - Trophy Club Commons Tree Mitigation Appeal.pdf Park Board Staff report.pdf Action ByDate Action ResultVer. Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925 Trophy Club Drive. Town Council Page 138 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Adam Adams, Director of Parks and Recreation CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Matt Jones, Senior Planner Philip Shoffner, Council Liaison Re: Trophy Club Commons Tree Mitigation Appeal Town Council Meeting, October 28, 2014 Agenda Item: Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925 Trophy Club Drive. Explanation: At their October 20, 2014 meeting, the Parks & Recreation Board voted unanimously to accept the Tree Mitigation appeal by the developer of Trophy Club Commons and recommend that the Town enter into a long-term lease with the property owner. This recommendation was predicated on the items the developer agreed to at Parks and Recreation Board meeting: 1. The Town to be given a long-term lease on the property 2. The Town to be given an agreement for use of the Common’s parking lot 3. Seeding the areas above the slope in-order to allow for the creation of several small soccer practice fields 4. Installing a wrought iron fence bordering the sloped areas to prevent soccer balls from entering the creek 5. Providing both irrigation and maintenance of these properties 6. Giving the Town approximately $25,000 in mitigation monies upon the Town issuing a Certificate of Occupancy. Attachments: • Park Board Staff report ∼ Attachment “A” – Commons Landscape Plan ∼ Attachment B - Aerial of proposed property for Town use Town Council Page 139 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Recommendation: Given the nature of this project and the need for soccer practice fields Staff concurs with the Parks and Recreation Board on their recommendation. Town Council Page 140 of 178 Meeting Date: Tuesday, October 28, 2014 To: Park Board From: Matt Jones, Senior Planner CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Tree Mitigation Ordinance Appeal Park Board Meeting, Monday, October 20, 2014 SUBJECT: Discuss and provide a recommendation to Town Council concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925 Trophy Club Drive. HISTORY: A zoning change from “CR” – Commercial Recreation to “CG” – Commercial General was approved by Town Council on September 22, 2008. The Final Plat and Site Plan for Phase I and II were approved by Town Council on January 17, 2011. The developer came before the Park Board on September 15, 2014 and received feedback including a reduced fee for years the owner of the property has been in Trophy Club and other credits to be determined by Town Council as necessary. The developer and Town Staff have since met and agreed upon another proposal to account for the deficit of the current tree mitigation for the property. EXPLANATION: The applicant removed 892 caliper inches of protected trees from the site and has proposed to plant a total of 475 caliper inches throughout the entire site – Phases 1 and 2. This would leave a remaining deficit of 417 caliper inches (which is then multiplied by 1.5) to be mitigated. With the density planned for this site, the applicant does not have enough room to plant all of the caliper inches required by mitigation. Therefore the applicant is seeking an appeal to the Tree Mitigation Ordinance to allow a reduced planting schedule. The fee for tree mitigation is $150.00 per caliper inch for protected trees. The developer is proposing to let the Town use a portion of their property for use as parkland or practice fields as needed determined by Town Staff. The developer has indicated that they will install a decorative metal fence around the border of the property to help define and enhance the area to be used by the Town. In addition the developer is looking at options for taking the remaining trees that are planned to be planted on the site and working with Town Staff to plant them off-site in the Town. Town Council Page 141 of 178 Meeting Date: Tuesday, October 28, 2014 Staff recommends approval of the proposed mitigation plan to allow the developer to dedicate their property for the use by the Town of Trophy Club as well as provide the remaining funds for the planned tree plantings to be provided to the Town in the Tree Fund to provide tree planting throughout the town. ATTACHMENTS: “A” – Commons Landscape Plan “B” – Aerial of proposed property for Town use Town Council Page 142 of 178 Meeting Date: Tuesday, October 28, 2014 Exhibit “A” Town Council Page 143 of 178 Meeting Date: Tuesday, October 28, 2014 Exhibit “B” Town Council Page 144 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1556-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an effective date. Attachments:Staff Report - CCPD Appointments.pdf Mike Conklin.pdf Robert Hauer.pdf Loren Van Roekel.pdf Jennifer Winmill.pdf RES 2014-40 CCPD Annual Appointments repealing RES 2014-37.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an effective date. Town Council Page 145 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Town Secretary Re: CCPD Board Appointments Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an effective date. Explanation: On October 21, 2014 the Crime Control and Prevention District (CCPD) Board met to interview four (4) prospective candidates for two (2) vacancies on the Crime Control and Prevention District Board. Attachments: • Applications for four (4) candidates: o Mike Conklin o Robert Hauer o Loren Van Roekel o Jennifer Winmill • Resolution 2014-40 Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Town Council Page 146 of 178 Meeting Date: Tuesday, October 28, 2014 Recommendation: The Crime Control and Prevention District Board recommends the Town Council approve Resolution 2014-40 appointing Michael Conklin to fill the position vacated by Timothy Gamache (5) to expire in 2015 and to table the selection of a candidate to fill the position vacated by Patrick Arata (7) to expire in 2015 to allow more time to seek qualified candidates. Town Council Page 147 of 178 Meeting Date: Tuesday, October 28, 2014 Town of Trophy Club BOARD and COMMISSION APPLICATION Please check the appropriate Board, Commission, or Advisory Groups(s) CJ Citizen Financial Advisory Board IiZI Crime Control and Prevention District CJ Zoning Board of Adjustment We strongly encourage that a brief resume be submitted along with the application. Name: Michael Conklin E-mail: Address: How Long?* _1..:...yr_3_m_o____ Phone (Home): ________ (Work): 817-215-0049 Cell Phone: Registered Voter? I{J Yes No Certificate Number: 1092181101D ------------------------------------­ Occupation, Experience/Degrees Held? Safety Security Coordinator NISD, 15 Years Law Enforcement, AAS Law Enforcement Tech. Why do you want to serve on this group? Serve my community in a capacity where I have experience and apply workable knowledge toward improving our community. Do you have any potential conflicts of interest? _N_o______________________ Do you have any related experience? 15 Years of LE experience -Crime Prevention Certification -CPTED -Understanding of gov. budget Many hours of training related to safety security, Law Enforcement Topics including NIMS, also a member of the Denton County MRC. What do you feel you have to offer this group? The use of common sense and logical thinking along with diligence with budget to provide ideas and recommendations to the leadership of Trophy Club. TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address. Each employee and official and each former employee and official shall state their choice to the Town Secretary's office. Please indicate with an X your decisions. ALLOW PUBLIC ACCESS / Home Address Yes No v e Phone Number Yes No -,-r-­ ell Phone Number Yes No -:;-r-­ Yes No -:;~-E-mail Address -..!....-­ Michael Robert Conklin . OffiCial~S.:re Official Name (Please f'tilll Ill_~O/1 I OCT 7 2014 Dat~ S bitted Received by: ~ *Applicant Requirement for Boards or Commissions . _ I . Applicants for boards or commissions must be registered voters and residents for six months. Board and commissionmembers must be Trophy Club residents for at least six months as well as registered voters prior to their appOintment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council may waive the voter registration requirement for a person appOinted to a Board, Commission, or Citizen Advisory Group that does not make recommendations for Council approval. The technical expertise of applicants may be a consideration in gaining appointment. Town Council Page 148 of 178 Meeting Date: Tuesday, October 28, 2014 Michael R. Conklin Current Assignment: 2008-Present Northwest Independent School District Fort Worth, TX Security Coordinator • Support the Director of Safety and Security to provide effective leadership for the safety and security program for the District. • Coordinate and supervise security services including School Resource Officers (SRO), Contracted Security Services and Event Staff for district athletic events • Manage the district wide implementation of a radio contact system. • Serve as the liaison with the Facilities, Planning & Construction department with regards building access and security cameras in new construction. • Supervise the operations of the School Resource Officer program. • Prepare agreements with appropriate police entities for SRO services. • Participate in interviews for School Resource Officers. • Provide leadership to ensure that ASAP related services are appropriately completed by Officers. • Meet regularly with the school resource officers to maximize use of this program. • Serve as the contact person for services contracted for canine detection services. • Respond to identified safety and security needs on a timely basis. • Prepare contracts for and work with outsourced school security guard program. • Prepare contracts for and work with outsourced canine detection program. • Assist campus administrators with issues related to traffic flow and parking. • Serve as the liaison to the maintenance department in matters related to keys. key cards, and entrance/exit issues including signage. • Serve as the liaison to the construction department in regard to cameras, signage and other security issues related to buildings. • Work with the appropriate law enforcement agency regarding crossing guards. • Serve as a evaluator on Campus Safety Audits • Serve as the liaison to the NISD Crime Stoppers Program. • Oversee and implement the visitor check-in system' for the campuses. • Track security data in the district and prepare reports upon request for the assistant superintendent for administrative services. Previous Experience: 2001-2008 Town of Trophy Club Trophy Club, TX Patrolman -Crime Prevention -School Resource Officer -Juvenile Investigator -Field Training Officer • Certified Safety Inspector of businesses and homes using CPTED and other proven techniques. • Patrol duties, complete varieties of reports, assist in investigations criminal and employment backgrounds • Work with students in local school district. Instruct students in L.E.T.S. program. Daily Student interaction • Train new Officers. Assist in administrative duties; Inventory, tech services, and maintenance. Town Council Page 149 of 178 Meeting Date: Tuesday, October 28, 2014 Michael R. Conklin 1999-2001 City of Roanoke Roanoke,TX Patrolman -Field Training OffIcer • Patrol Duties I Warrant Service I Offense and accident reports • Assisted in developing and maintaining Police Department first network. learned and understood the value of community policing. 1997-1999 Denton County Sheriff's Department Denton, TX Detention OffIcer I • Observed and kept secure 48 inmates in an indirect supervision setting. • Assisted in direct and sOlitary supervision sections of jail. • Gained the understanding and the application of verbal communication with different personalities. 1996-1997 Lowe's Denton, TX Head Cashier -Paint Specialist -Home Decor Sales • Solved a companywide issue regarding check-reading machine. Money handling. Scheduling issues. • learned paint color matching, chemical properties for proper application • learned flooring types, composition, styles and installation. 1993-1996 Sonic Industries Denton, TX Assistant Manager • Started in kitchen and worked to store Assistant Manager. Responsible for store operations. • Money handling, scheduling employees, training employees and minor kitchen repair • Product inventory and ordering 1991-1993 Displays by Martin Paul Denton, TX High School Co-Op Job I Photo Artist I Prototype building • Prototype construction for major US retailers • Gained the knowledge and understanding of photography and development (black and white) • Presented at tradeshows throughout the County. • Worked with and gained the understanding of plastics and their properties, Ink mixing. silk screening, injection molding and vacuum forming. Education: 2002 Rio Salado College Tempe, AZ • Associate Applied Science -Criminal Justice 1999 University of North Texas Denton, TX • Graduated Police Academy I Salutatorian • Currently hold Master Peace Officer License -Over 1900 TCOlE training hours. Town Council Page 150 of 178 Meeting Date: Tuesday, October 28, 2014 T o w n C o u n c i l P a g e 1 5 1 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 2 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 3 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 4 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 5 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 6 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 T o w n C o u n c i l P a g e 1 5 7 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 Town Council Page 158 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 159 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 160 of 178 Meeting Date: Tuesday, October 28, 2014 T o w n C o u n c i l P a g e 1 6 1 o f 1 7 8 M e e t i n g D a t e : T u e s d a y , O c t o b e r 2 8 , 2 0 1 4 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014–40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014-37 APPOINTING PERSONS TO SERVE ON THE CRIME CONTROL AND PREVENTION DISTRICT BOARD AND ADOPTING A NEW RESOLUTION MAKING APPOINTMENTS TO FILL TWO VACANCIES AND REAFFIRMING EXISTING APPOINTMENTS TO THE BOARD; PROVIDING FOR THE APPOINTMENT OF CITIZEN VOLUNTEERS TO SERVE ON THE CRIME CONTROL AND PREVENTION DISTRICT BOARD AND DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards, Commissions and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring; and WHEREAS, on September 23, 2014, the Town Council of the Town of Trophy Club adopted Resolution No. 2014-37, appointing citizens to serve on various Town Boards, Commissions, and Corporations for the 2014-2015 fiscal year and reaffirming the appointments of other previously appointed citizens; and WHEREAS, the Town Council generally takes action in September of each year to appoint residents to serve on various Town Board, Commission and Corporation seats; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-37 appointing persons to serve on the Crime Control and Prevention District Board and to adopt this Resolution making new citizen volunteer appointments to fill two (2) vacancies and reaffirming current appointments to serve on the Board. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2014-37 appointing persons to serve on the Crime Control and Prevention District Board and adopts this Resolution to appoint and to reaffirm as applicable, the following individuals to serve on the Crime Control and Prevention District Board with respective terms of Town Council Page 162 of 178 Meeting Date: Tuesday, October 28, 2014 service ending on September 1 of the year specified below for each individual: Crime Control and Prevention District 1. Dena Boudreau (2016) 5. ___________ (2015) 2. Paul Glowacki (2016) 6. Adam Broyles (2015) 3. Louis Opipare (2016) 7. ___________ (2015) 4. James Jay Isherwood (2015) Section 3. 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 28th day of October, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 163 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1558-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding nominations to serve as a member of the Denton County Transportation Authority Board of Directors. Attachments:Letter from Mary Horn RE Designation of Representative to Serve on the DCTA Board of Directors.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding nominations to serve as a member of the Denton County Transportation Authority Board of Directors. Town Council Page 164 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 165 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Page 166 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1564-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone) on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200 for each violation; and providing an effective date. Attachments:Staff Report - School Zone Time Change.pdf ORD 2014-34 Amending Chap 10 Art II Section 2 02 B (Speed Zones Times).pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone) on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200 for each violation; and providing an effective date. Town Council Page 167 of 178 Meeting Date: Tuesday, October 28, 2014 To: Mayor and Town Council From: Tony G. Simmons, Special Services Division – Police Department CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: School Zone – Trophy Club Drive at Durango Town Council Meeting, Tuesday, October 28, 2014 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone) on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200 for each violation; and providing an effective date. Explanation: In response to the concerns relating to the crosswalk located within the school zone at Parkview and Durango I utilized the Citizens on Patrol to monitor the intersection last in an effort to determine the severity of the issues and the likelihood of a vehicle/pedestrian accident. Currently the school zone is from 2:30 to 3:30 pm. During this time the yellow lights at each end of the school zone flash and traffic slows in anticipation of stopping for the school crossing guard. After 3:30 pm the caution lights disengage and the speed limit increases from 20 mph to 30 mph. At present, we maintain a crossing guard at that location until 5:00 pm. The school zone a few blocks away that covers the intersection of Bobcat Blvd and Trophy Club remains in effect from 2:30 pm to 5:00 pm and a crossing guard is there between those times. The Citizens on Patrol volunteers observed that even though the school zone ends at 3:30 pm as many as 19 students continue across that intersection from 3:30 to 5:00 pm. This seems to be due to the fact that Medlin Middle School releases students later than Beck Elementary therefore students who leave Medlin walk down Parkview to Durango and then from Durango to Trophy Club Drive where they cross that intersection to get home. The Citizens on Patrol volunteers noted that as soon as the school zone lights disengage, traffic speed increases. That portion of Trophy Club Drive is a two way divided roadway. Vehicles traveling along this thoroughfare may not expect to find a crossing guard and with no advance warning they are not legally obligated to slow to 20 miles per hour. Vehicles traveling at 30 Town Council Page 168 of 178 Meeting Date: Tuesday, October 28, 2014 miles per hour have a slower reaction time to the crossing guard hence, their braking distance increases. The slower reaction time and longer stopping distance increases the likelihood of a vehicle/pedestrian accident occurring even with the crossing guard in place until 5:00 pm. In considering the totality of the circumstances existing at that location it would seem that it is only a matter of time before a tragic vehicular/pedestrian accident occurs. Should that happen, the loss of human life is highly probable. Attachments: • ORD 2014-34 Town Council Goals: Goal #1: Safe and secure community. Goal #2: Business-Friendly Economic Development Goal # 3: Strong Partnerships and Community Involvement Goal #4: Healthy, Picturesque, and Environmentally Sound Goal #5: Financial and Operational Stewardship Recommendation: Proactive measures need to be taken to address this intersection and its potential hazards. The most reasonable course of action is to extend the school zone from 2:30 pm – 3:30 pm to 2:30 pm to 5:00 pm. This makes it compatible with the Trophy Club/Bobcat school zone and will allow students to cross the roadway, with a crossing guard in the highest degree of safety and a much lower risk of injury to vehicular traffic. Town Council Page 169 of 178 Meeting Date: Tuesday, October 28, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-34 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION (6) OF SECTION 2.02(B), “SPEED OF VEHICLES” OF ARTICLE II, “TRAFFIC & VEHICLES” OF CHAPTER 10 “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS TO ESTABLISH A NEW EFFECTIVE TIME FOR THE SPECIAL SPEED ZONE (SCHOOL ZONE) ON TROPHY CLUB DRIVE, 200’ SOUTH OF ITS INTERSECTION WITH DURANGO DRIVE; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING THAT A VIOLATION SHALL BE A CLASS “C” MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, and its inherent police powers, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, due to changes in traffic patterns and safety concerns for the welfare of school children, the Town has determined that there is a need to extend the effective time for the special speed zone (school zone) located on Trophy Club Drive, south of its intersection with Durango Drive; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to amend the Code of Ordinances to establish a new effective time for the special speed or school zone on Trophy Club Drive, near Durango Drive; and WHEREAS, the Town Council hereby finds that the amendment of Section 2.02(B)(6) of Article II, Chapter 10 of the Code of Ordinances to extend the time of the special speed zone as further specified herein serves the best interests of the health, safety and welfare of the citizens of the Town. 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 Page 170 of 178 Meeting Date: Tuesday, October 28, 2014 SECTION 2. AMENDMENT 2.01 Subsection 6 of Section 2.02 (B) entitled “Speed of Vehicles” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended so that subsection 2.02(B)(6) shall be and read in its entirety as follows, and the remainder of Subsection 2.02(B) shall remain in effect: 2.02 B. Speed of Vehicles The following areas, streets or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20) miles per hour during the designated times: “6. On Trophy Club Drive, 200’ south of its intersection with Durango Drive and extending 456’ north on Trophy Club Drive, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:30 p.m. and 5:00 p.m. on school days.” SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been 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 its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Town Council Page 171 of 178 Meeting Date: Tuesday, October 28, 2014 SECTION 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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 Hundred Dollars ($200.00). SECTION 7. 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 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 28th day of October, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 172 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1560-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Town Council Liaison Updates; discussion of same: * Parks & Recreation Board - October 20th Council Liaison Council Member Shoffner Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: * Parks & Recreation Board - October 20th Council Liaison Council Member Shoffner Town Council Page 173 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1561-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Town Manager Slye's update regarding the following; discussion and provide input regarding same. * Election Update * Codification Update * Volunteer Dinner * Loop Road Update * Parks & Recreation Update - TC Fright Light Contest Winners - Dino Playground Update - Fall Family Camp Out - Fall Family Festival * Community Development Updates - Waters Edge at Hogan’s Glen, Phase 3 - Canterbury Hills, Phase 3 - The Isles of Turnberry, NH 4, The Highlands - Villas of Hogan’s Glen, Phase 2 Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following; discussion and provide input regarding same. * Election Update * Codification Update * Volunteer Dinner * Loop Road Update * Parks & Recreation Update - TC Fright Light Contest Winners - Dino Playground Update - Fall Family Camp Out - Fall Family Festival * Community Development Updates - Waters Edge at Hogan’s Glen, Phase 3 - Canterbury Hills, Phase 3 - The Isles of Turnberry, NH 4, The Highlands - Villas of Hogan’s Glen, Phase 2 Town Council Page 174 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1562-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Items for Future Agendas. Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 175 of 178 Meeting Date: Tuesday, October 28, 2014 Town Council Future Agenda Items List (Updated 10/22/2014) 1. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Rowe 8/12/2014) (1-Oct 28 Agenda) 2. Discussion regarding animal shelter long and short term facility. (11/18/2013) (1-Nov 13) 3. Consider and take appropriate action regarding placing BNHS State Championship recognition on elevated water storage tank. (Sanders 5/19/2014) (1-Nov 13) 4. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) (1-Oct 28 Agenda) 5. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014) (1-Oct 28 Agenda) 6. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) (1-Oct 28 Agenda) 7. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) 8. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) 9. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) (1-Dec 18) 10. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) (1-Dec 18) 11. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) (1-Dec 18) 12. Review of cell phone/wireless policy and plans. (Sanders 9/9/2014) (1-Jan 13) 13. Consider and take appropriate action regarding parking on Parkview and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) 14. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) (1-Jan 13) 15. Consider and take appropriate action regarding the review of the sign ordinance. (Lamont 9/9/2014). (1-Jan 13) Town Council Page 176 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1565-T Name: Status:Type:Agenda Item Executive Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations Attachments: Action ByDate Action ResultVer. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations Town Council Page 177 of 178 Meeting Date: Tuesday, October 28, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1563-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/20/2014 Town Council On agenda:Final action:10/28/2014 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 178 of 178 Meeting Date: Tuesday, October 28, 2014