Loading...
Agenda Packet TC 09/11/2006 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, September 11, 2006 6:30 P.M. A.1 Call to order and announce a quorum. A.2 Work Session: Discuss and review items posted to the September 11, 2006 Agenda. A.3 Invocation. A.4 The Town Council will respectfully remember the events of September 11, 2001 with a moment of silence. A.5 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." A.6 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. B.1 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance approving the financing of a new police vehicle and 10 new computers. C.1 Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate increase for fiscal year October 1, 2006 to September 30, 2007. (During the public hearing, the Mayor will announce the date, time and place of the vote on tax rate.) C.2 Public Hearing: Consider an Ordinance amending Chapter 13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers as an approved accessory structure use and to provide regulations for the same. 2 C.3 Public Hearing: Consider an amendment to Chapter 13, Article IV, Section 4.15 to provide regulations for the modification of masonry requirements for structures built in the CR-Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck Properties). D.1 Discuss and take appropriate action relative to: An Ordinance amending Chapter 13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers as an approved accessory structure use and to provide regulations for the same. D.2 Discuss and take appropriate action relative to: Consider an amendment to Chapter 13, Article IV, Section 4.15 to provide regulations for the modification of masonry requirements for structures built in the CR-Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck Properties). D.3 Discuss and receive input relative to an Ordinance amending Article VIII , "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03 (L), “Health Permits” and (Y), “Storm Water Drainage Utility”. D.4 Discuss and take appropriate action relative to a request by Beck Properties for a waiver to the concrete parking lot requirement in the Town's Design Standards for the construction of a crushed gravel parking lot for the proposed golf maintenance facility to be located to the east of the Wastewater Treatment Facility. Applicant: Scott Beck, Beck Properties. D.5 Discuss and take appropriate action to establish a holding account at Tex Pool for Parkland dedication funds and authorize the execution of necessary documents. D.6 Discuss and take appropriate action for utilization of Child Safety Funds. D.7 Discuss and take appropriate action regarding an Ordinance approving the financing of a new parks truck and a commercial grade mower. D.8 Discuss and take appropriate action regarding method of nominations and appointments to Boards and Commissions and concurrent membership on advisory groups and boards and commissions. D.9 Items for Future Agenda. E.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: 3 · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.A.3 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.A.4 The Town Council will respectfully remember the events of September 11, 2001 with a moment of silence. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.A.5 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.A.6 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. 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. EXPLANATION: Attached please find the Interlocal Agreement for Household Hazardous Waste Recycling with the City of Fort Worth. This is an annual agreement and very similar to the agreement we used last year with a couple of changes, which are as follows: 1. Cost went up from $40.00 to $46.00 per household due to increased costs under a new disposal contract and the fact that the ECC will receive no grant funding from NCTCOG. 2. Dates that the center will be closed. 3. The ability for the city to borrow a hazardous materials disposal trailer. These changes have been tracked in the document. RECOMMENDATION: Staff recommends approval. (bg) Attachments: 1. Interlocal Agreement with City of Fort Worth 10 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Town of Trophy Club, a municipality situated in Denton and Tarrant County, Texas, hereinafter called "Participating City," acting herein by and through Nick Sanders, its duly authorized Mayor. WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, 11 treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force majeure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth’s contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. 12 Fort Worth Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act. CPR - cardiopulmonary resuscitation. DOT - United States Department of Transportation. ECC - Environmental Collection Center. EPA - United States Environmental Protection Agency. HAZCAT - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from the date the last party has signed this agreement through September 30, 2007. Deleted: 6 13 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event in an amount not to exceed EIGHT THOUSAND DOLLARS AND N0/100 DOLLARS ($8,000.00). G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non-Fort Worth Mobile Collection Unit 1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, of this Agreement. 2. Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A", attached and incorporated herein as if set forth. I. Mobile Collection Events –Using Fort Worth's Unit 1. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available dates. Participating City will contact Fort Worth as soon as possible to schedule the date, time and location agreeable to both parties. (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property one (1) week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth one (1) week before the Mobile Collection Event. If the signed 14 waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages of recovery of any costs, except as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first-come, first-served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another City and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. 2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's Non-Fort Worth Mobile Collection Unit shall not also be at the event. 4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. J. Loan of the Special Mobile Collection Unit 1. Participating City may request the loan of Fort Worth’s Special Mobile Collection Unit, which is a specially designed and equipped thirty-six foot (36’) gooseneck box-trailer and one (1) ton pickup, free of charge, for use in a Household Hazardous Waste Collection Event when available. Participating City may use the Special Mobile Collection Unit to transport HHW to Fort Worth’s ECC or another collection center which may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or e-mail at least thirty (30) days prior to the HHW collection Event for which the request is made. Fort Worth shall have sole determination whether the Special Mobile Collection Unit is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate nor be responsible for any part of the Participating City’s HHW Collection Event unless and except by written mutual agreement. 2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth shall disclose any known problems the Special Mobile Collection Unit may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Special Mobile Collection Unit, a pre-trip inspection for potential maintenance problems will be performed by Fort Worth. Also, both parties will complete a pre-aesthetic Formatted: Indent: Left: 36 pt, Hanging: 36 pt 15 assessment. Participating City shall be responsible for all certifications, and insurance necessary for the proper operation of the Special Mobile Collection Unit. 3. Participating City agrees to maintain and return the Special Mobile Collection Unit in as good condition as it was in when Participating City took possession for use. Participating City shall return the Special Mobile Collection Unit to Fort Worth in a timely manner and as mutually agreed upon. 4. Participating City shall be responsible for all work-related property damage, personal injury or death caused by Participating City’s employees or volunteers and arising out of the use of the Special Mobile Collection Unit during the term of this Agreement. 5. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, 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 intend to create any obligations; expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Designated person is: Beth Ann Gregory, telephone number: 682.831-4606. Pager number or 24-hour number where he or she can be reached: 817-538-2895. Alternate person is: Roger Unger, telephone number: 682-831-4613. Pager number or 24-hour number where he or she can be reached: 817-538-2903. B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping Formatted: Underline Deleted: l Deleted: Page Break 16 off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste 1. Participating City shall advise the ECC program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 6. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC. 17 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10, Paragraph C. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time, Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; Formatted: Indent: Left: 0 pt, Hanging: 36 pt Formatted: Bullets and Numbering Deleted: . Deleted: Page Break 18 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. Deleted: Page Break 19 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECC's hours of operation are as follows: Thursday and Friday from 11:00 a.m. to 7:00 p.m. Saturday from 9:00 a.m. to 3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the Agreement, the ECC will be closed on the following days: Thanksgiving Holiday, November 23-24, 2006 Christmas Holiday, December 25, 2006 New Year’s Eve, January 1, 2007 M.L.K. Day January 15, 2007 Memorial Day, May 28, 2007 Independence Day, July 4, 2007 Labor Day, September 3, 2007 C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City may advertise the 24-hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. Participating City agrees to pay Fort Worth the sum of $46.00 per household per visit to the ECC or per household for participation in a Mobile Collection Event to dispose of household hazardous waste. Deleted: Deleted: 4 Deleted: 5 Deleted: 5 Deleted: 6 Deleted: 5 Deleted: December 30-3 Deleted: 5 Deleted: 16 Deleted: 6 Deleted: 9 Deleted: 6 Deleted: 6 Deleted: 4 Deleted: 6 Deleted: 0 20 B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies. C. If a spill occurs at the ECC while the non-Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly in an amount not to exceed EIGHT THOUSAND AND NO/100 DOLLARS ($8,000.00) ANNUALLY. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households, which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie, "Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any Deleted: Page Break 21 damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT (Paragraph 11). 15. NOTICE Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Brian Boerner, CHMM, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: Brandon Emmons, Town Manager Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 Facsimile: 817.491.9312 Deleted: Page Break Deleted: Donna Welsh 22 16. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 17. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement; venue for said action shall be in Tarrant County, Texas. 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE CITY OF FORT WORTH TOWN OF TROPHY CLUB By: By: _____________________________ _____________________________ Libby Watson Nick Sanders Assistant City Manager Mayor Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________________ _____________________________ Deleted: Page Break Deleted: Deleted: ¶ 23 Assistant City Attorney Town Attorney ATTEST: ATTEST: _____________________________ _____________________________ Martha Hendrix Lisa Ramsey City Secretary Town Secretary ____________________________ Contract authorization ____________________________ Date 24 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount restocked Special Needs Remarks 55-gallon open top drums (open top for loose packs) Amount taken off the trailer 55-gallon drums (closed top) (Oil, antifreeze, bulk flammable materials and one extra) Amount taken off the trailer Fiber drums (55- or 30- gallon) Aerosols, acids, bases and oxidizers) Amount taken off the trailer Gaylord box liners (plastic) Amount taken off the trailer 55-gallon drum liners Amount taken off the trailer 5-gallon buckets (filters/haz chemicals) Amount taken off the trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Brochures Amount taken off the trailer 25 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at ______________________________________ have been asked by the Town of Trophy Club to allow a mobile collection event on my property to collect household hazardous waste on the ________________, 200__. In consideration of _________________________, I hereby give my permission to the Town of Trophy Club to hold a household hazardous waste collection event on my property in which the Town of Trophy Club has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, in consideration of _________________________________, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the Town of Trophy Club and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the Town of Trophy Club or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the Town of Trophy Club to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. I hereby acknowledge that this Waiver and Release is given in consideration of _________________________________________________. _________________________________ ______________________________ Signature Date ________________________________ ______________________________ Witness Witness 26 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance approving the financing of a new police vehicle and 10 new computers. EXPLANATION: 10 New Computers: These are the scheduled replacement of our current 10 desktop computers. The average age of the desktops is over 4 years. The tentative replacements are as follows based on needs: 1.) Finance (Jim) 2.) Finance (Renae) 3.) DPS Patrol Room 4.) Court (Carol) 5.) Warrant Officer (Teri) 6.) Court (Sakura) 7.) Fire/EMS (Shane) 8.) Permitting (Ron) 9.) Police (Donna) 10.) Collections (Adrian) We get a much better interest rate by combining it with the police vehicle. We do not plan on any replacements next fiscal year. RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: Attachments: 1. Ordinance 27 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED LENDER FOR THE PURCHASE OF A 2007 POLICE VEHICLE AND TEN (10) REPLACEMENT COMPUTERS WITH AN AGGREGATE TOTAL NOT TO EXCEED FORTY ONE THOUSAND DOLLARS ($41,000) PAYABLE ANNUALLY COMMENCING IN FISCAL 2007 AND BEING RETIRED IN FISCAL 2009; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule municipality created under the Constitution of the State of Texas; and WHEREAS, It has been the practice of the Town to annually replace one police patrol vehicle and the need for a replacement vehicle does exist; and WHEREAS, A need for ten (10) replacement desktop computers has been identified by the IT department and the lease terms from the manufacturer were not satisfactory; and WHEREAS, The Town Council has historically utilized short term debt financing to purchase needed equipment in order to spread the cost of equipment over the useful life of the equipment and provisions have been made in next years budget as well as the out year budgets for payment of this debt; and WHEREAS, Several lenders were asked to provide and did provide terms for this financing and BancorpSouth proposed the best terms (4.29% interest rate) for this type of financing; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are hereby affirmed and adopted as findings by the Town Council of the Town of Trophy Club. Section 2. The Town Council hereby approves the terms of this Ordinance, finds the expenditure and the proposed financing of an amount not to exceed Forty One Thousand and No/100 Dollars ($41,000.00) to be necessary and prudent under the 28 current circumstances, authorizes the purchase and financing of the above referenced equipment, and accepts the proposal as put forth by BancorpSouth. Section 3. The Town Manager is hereby authorized to purchase the needed equipment and to execute the appropriate documents with BancorpSouth for the financing of the amount due for the vehicle and computer equipment. Section 4. This Ordinance is hereby approved and shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 11th day of September, 2006. ____________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas 29 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.C.1 Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate increase for fiscal year October 1, 2006 to September 30, 2007. (During the public hearing, the Mayor will announce the date, time and place of the vote on tax rate.) EXPLANATION: The Mayor is required to announce the date, time and place of the vote on the tax rate and this announcement must be made during the public hearing on the tax rate. Suggested wording for announcement, “The Town Council will be voting on the 2006-07 tax rate on September 18, 2006, during their Regular Session, which starts at 7:00 P.M. The meeting will be held here in the Council Chambers.” RECOMMENDATION: ACTION BY COUNCIL: 30 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.C.2 Public Hearing: Consider an Ordinance amending Chapter 13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers as an approved accessory structure use and to provide regulations for the same. STAFF COMMENTS: Recently, a resident inquired about the possibility of installing a hard top pool safety cover over his pool. The structure is considered an accessory use, however this type of use is not currently permitted in the Town’s Zoning Ordinance. The Town Council directed staff to draft provisions allowing this type of structure, at their 19 June 2006 meeting. Staff presented an ordinance to the Planning & Zoning Commission, and they recommended the following Ordinance at their 17 August 2006 meeting: Motion - Reed Second – Moss Ayes – Hill, Moss, Reed, Sheridan, Stamos, Stephens Nays - Ashby This Ordinance amendment lists hard top pool covers as an approved accessory structure use and regulates their height. I have included pictures of the cover for your information. (kcf) 32 33 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY REVISING CHAPTER 13, “ZONING”, ARTICLE V, “SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03, “ACCESSORY STRUCTURES”, PARAGRAPHS (1)(a); (1)(b)(ix) AND (1)(e)(i) IN ORDER TO ADD PROVISIONS ALLOWING HARD TOP POOL COVERS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town Council has determined that zoning regulations for hard top pool covers would be a benefit to the residents of the Town; WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the approval of the proposed amendments to the Zoning Chapter of the Code of Ordinances, as set forth in this Ordinance; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at properly posted public hearings, the Town Council now deems it necessary to adopt this Ordinance amending the Code of Ordinances of the Town and of the public health, safety and welfare; NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated 34 herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article V entitled, “Supplementary District Regulations” of Chapter 13, entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to revise Section 5.03 (1)(a); (1)(b)(ix) and (1)(e)(i) to reads as follows: “An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: All residentially zoned districts shall be subject to the following regulations. 1. Permitted Accessory Structures a. Excluding pools and covers, accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. Hard top pool covers not greater than the allowable fence height for that property shall not require a permit. b. The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single-family dwelling, i. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45’) from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town, unless otherwise provided by ordinance. ii. Cabana, pavilion, gazebo iii. Storage/utility buildings (masonry or wood) iv. Greenhouse (as hobby, not business) v. Home workshop vi. Flag Pole less than twenty feet (20’) vii. Tennis court/ Basketball court 35 viii. Guest House ix. Swimming Pool/Hard Top Pool Cover c. In all residentially zoned districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located: i. Behind the front building setback; and ii. A minimum of twenty feet (20’) from any street right of way; and iii. A minimum of six feet (6’) from rear and side lot lines. d. An accessory use shall not be located within any identified easement. e. Height Requirements: i. Hard top pool covers shall not exceed four feet (4’) in height above the outside perimeter of the pool. ii. Accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed six feet (6’) in height.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Hard Top Pool Covers 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 application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 36 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town and by amending the Code of Ordinances to reflect the changes adopted herein by Council. 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 hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 11th day of September, 2006. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] 37 APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas 38 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.C.3 Public Hearing: Consider an amendment to Chapter 13, Article IV, Section 4.15 to provide regulations for the modification of masonry requirements for structures built in the CR-Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck Properties). STAFF COMMENTS: Beck Properties, on behalf of the Trophy Club Country Club, is planning to construct a maintenance facility for the Club. The current facility is located in Hogan’s Glen. They would like the new facility to be constructed of metal. The masonry requirements for the CR Zoning District require all principal and accessory buildings and structures be constructed of 100 percent masonry. Beck has therefore requested an amendment to the CR District regulations to allow a modification to the masonry requirements. Staff has prepared the following Ordinance amendment for your review. The amendment is set up so that the applicant would have to meet certain criteria in order for the masonry modification to be granted. The new criteria begins with (M)(7). The Planning & Zoning Commission unanimously recommended approval of this Ordinance amendment. (kcf) 39 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY REVISING CHAPTER 13, “ZONING”, ARTICLE IV, “DISTRICT REGULATIONS”, SECTION 4.16, “COMMERCIAL RECREATION DISTRICT REGULATIONS”, BY ADDING PARAGRAPH (M)(7)(a)(i)-(vi) AND (M)(7)(b); IN ORDER TO ADD PROVISIONS FOR THE MODIFICATION OF MASONRY REQUIREMENTS FOR STRUCTURES BUILT WITHIN THE CR ZONING DISTRICT; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, a request has been submitted to the Town for the modification of masonry requirements for structures constructed within the CR Zoning District; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the approval of the proposed amendments to the Zoning Chapter of the Code of Ordinances, as set forth in this Ordinance; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at properly posted public hearings, the Town Council now deems it necessary to adopt this Ordinance amending the Code of Ordinances of the Town and of the public health, safety and welfare; NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. 40 INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article IV entitled, “District Regulations” of Chapter 13, entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to revise Section 4.16 (M)(7)(a)(i)-(vi) AND (M)(7)(b) to reads as follows: M. Masonry Requirement: 1. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. 2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. 3. Stucco shall be used only as an accent material subject to prior approval of P & Z. 4. All other chimneys surfaces shall also be of brick, stone, or stucco. 5. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 6. Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the Town Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or fluorescents of the color spectrum. 7. The Town Council upon recommendation from the Planning & Zoning Commission shall have the power to modify masonry regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice in accordance with the spirit of the Ordinance. a. For the purpose of this Ordinance, the following are established as general conditions, ALL of which shall be met upon granting any waiver or modification to the masonry requirements as outlined in this Section. 41 (i) No diminution value of surrounding properties would be suffered; and (ii) Granting the permit would be of benefit to the public interest and surrounding properties; and (iii) Denial of the permit would result in unnecessary hardship to the owner seeking it; and (iv) A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and (v) By granting the permit, substantial justice would be done; and (vi) The use must not be contrary to the spirit of the Ordinance. b. The burden of demonstrating all general conditions have been met and that a modification is appropriate is upon the person requesting the modification. The Town Council and Planning & Zoning Commission may require a person requesting a modification to provide proof as each body determines necessary and appropriate for the Planning & Zoning Commission and the Town Council to evaluate the application for modification. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Masonry Criteria within the CR Zoning District 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 application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 42 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town and by amending the Code of Ordinances to reflect the changes adopted herein by Council. 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 hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 11th day of September, 2006. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas 43 [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas 44 45 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.1 Discuss and take appropriate action relative to: An Ordinance amending Chapter 13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers as an approved accessory structure use and to provide regulations for the same. (kcf) 47 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to: Consider an amendment to Chapter 13, Article IV, Section 4.15 to provide regulations for the modification of masonry requirements for structures built in the CR- Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck Properties). (kcf) 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.3 Discuss and receive input relative to an Ordinance amending Article VIII , "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03 (L), “Health Permits” and (Y), “Storm Water Drainage Utility”. EXPLANATION: The changes to the Storm Sewer Fees are as discussed in the Town’s Budget Planning Sessions. It will raise the Storm Drain fees to a flat $3 fee for all single family residential and increase the commercial fees at a similar rate. The additional fees will be used for needed maintenance and repairs of our storm drainage network. The change to the Health Permit Fees increases the permit fee for Childcare from $100 to $225 to cover our outside inspection costs. (bg) Attachments: 1. Draft Ordinance 49 SECTION 2. AMENDMENT 2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town is hereby amended to revise Section 8.03, subsection “L” so that 8.03(L) is hereby revised as follows: “L. Health Permits Food Establishment $225.00 Retail Food Store $525.00 Mobil Food Unit $100.00 Roadside Food Vendor $100.00 Child Care Centers $225.00 $100.00 Temporary Food Establishment $35.00” 2.02 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town is hereby amended to revise Section 8.03, subsection “Y” so that 8.03(Y) is hereby revised to read as follows: “Y. Stormwater Drainage Utility Residential Monthly Fee Single Family – Square footage up to 4000 $3.00 $1.00 Single Family -- Square footage of 4001 to 9999 $2.00 Single Family – Square footage over 10,000 $3.00 Multi-Family Properties Apartments – Limit to be set by Director $1.50 $0.50 per unit Limit to be set by Director Non-Residential Properties Impervious Area in Square Feet 0 - 10,000 sf impervious area $15.00 $5.00 or flat fee of $0.0618 per 100 sf 10,001 – 50,000 sf impervious area $22.50 $7.50 50,001 - 100,000 sf impervious area $30.00 $10.00 100,001 – 200,000 sf impervious area $37.50 $12.50 200,001 – 400,000 sf impervious area $5.00 $15.00 400,001 – 3,000,000 sf impervious area $52.50 $17.50” 50 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.4 Discuss and take appropriate action relative to a request by Beck Properties for a waiver to the concrete parking lot requirement in the Town's Design Standards for the construction of a crushed gravel parking lot for the proposed golf maintenance facility to be located to the east of the Wastewater Treatment Facility. Applicant: Scott Beck, Beck Properties. EXPLANATION: The attached letter from Beck Properties requests a waiver to the Town’s Design Standards for the construction of a gravel parking lot for the proposed Golf Course Maintenance Facility. Below is Section 6, “Waivers” from the Town’s Design Standards: SECTION 6 - Waivers 6.1 Request for Waiver. A waiver to one or more requirements of this Ordinance may be granted upon the request of the Owner of the affected property or his/her authorized agent under one or more of the following circumstances: 6.1.1 The waiver request is for alternative construction material(s) or method(s) and (i) such alternative construction material(s) or method(s) are equivalent to or better than the construction material(s) or method(s) required by the Design Standards and (ii) the quality of the completed improvement is equal to or better than that which would be achieved if strict compliance with the Design Standards was required. 6.1.2 The waiver request is to: (i) construct an addition to or continuation of an existing right- of-way; or (ii) make an improvement to, increase, or decrease the size of an existing easement where the requested construction or improvement does not comply with the currently adopted Design Standards; and (iii) the request does not decrease the size or width of the driving lanes or the adjacent utility easements. 6.2 Review of Waiver Application. The person seeking the waiver shall have the burden to demonstrate compliance with the requirements of section 19.01. An application for waiver shall first be reviewed by the Public Works Director and Town Engineer who shall make a recommendation for approval or denial to Town Council. Town Council shall have final authority and discretion to approve or deny the requested waiver. (kcf) Attachments: 1. Letter from Scott Beck. 51 52 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.5 Discuss and take appropriate action to establish a holding account at Tex Pool for Parkland dedication funds and authorize the execution of necessary documents. EXPLANATION: With the advent of Parkland funds having been received on the Eagles Ridge project and the need to segregate these funds an additional TexPool account will be opened specifically for Parkland Dedication funds. RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: Attachments: 1. None 53 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.6 Discuss and take appropriate action for utilization of Child Safety Funds. EXPLANATION: The money for the SRO car is coming from the town's portion of the tax on Texas MVRs. Each town/city gets a percentage of the fund based on the number of residents in each town/city. The Town's portion for FY '06 was $5,439.00. The est. FY '07 & '08 fund is $8,000.00 and $10,000.00 respectively. This fund is earmarked for Child Safety programs in schools and after checking with the state, it can be used to purchase a vehicle for the SRO program. Our plan is to make a down payment with '06 funding and use '07 money as a payment and pay the vehicle off with '08 funds. RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: Attachments: 1.None 54 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding an Ordinance approving the financing of a new parks truck and a commercial grade mower. EXPLANATION: With the current level of staffing and the work load in the Parks Department, especially the added work in Marshall Creek Park, an additional truck capable of transporting multiple personnel and towing equipment is needed. An additional mower is also needed. With the purchase of this mower, the amount of time needed for mowing of the athletic fields will be significantly reduced thus reducing the number of man hours needed for mowing. The mower will also give a better cut which will provide an improved playing surface for soccer and baseball. Refer to explanations below: The ¾ Ton pick-up was approved in the 05/06 budget, as it was and still is needed for the following reasons: 1. All of our trucks need to be ¾ ton as it increases their ability as to what they can haul and pull, given that the lighter trucks have issues in these areas. 2. The Ford Ranger is now being used more by the Park Supervisor in a monitoring and maintenance capacity as it is too light to carry a payload, or haul a trailer. 3. We are going to crew cabs as it allows us to haul additional labor as needed, as well as allow for expansion in the future. This truck should suffice for our operations for the next few years, even as we may be required to maintain additional parks and facilities. 4. Parks & Recreation has nine employees, and although whenever possible we like to operate as a unit, the increasing diversity of our tasks, as well as the timely manner in which we need to respond to issues requires us to be highly mobile. The large turf mower was approved in the 05/06 budget for these following reasons: 1. Currently Z-Mowers are our primary mower for all maintenance; they are designed for landscape and passive area use only, as they do not have the ability to produce a quality turf cut. 55 2. Our current and future level of maintenance needs to improve in the mowing of our sports fields. This mower will adequately allow us to go to twice a week cuttings (which is needed for our sports venues) with no increase in needed labor (this mower has a 9’ cutting deck as opposed to a z-mowers 5’ and 6’ deck). 3. This is not a reel mower such as found on golf courses, it is a triple floating deck rotary mower. The maintenance on this mower will be no greater than that of our existing mowers. 4. The development of new turf areas will be also sufficiently addressed by this mower. (aa) Attachments: 1. Ordinance 56 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006- __ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING AND APPROVING THE TERMS AND CONDITIONS OF A NOTE AS WELL AS THE SPECIFIED LENDER FOR THE PURCHASE OF A 2006 ¾ TON CREW CAB PARKS TRUCK AND COMMERCIAL GRADE RIDING MOWER WITH AN AGGREGATE TOTAL NOT TO EXCEED SEVENTY EIGHT THOUSAND DOLLARS ($78,000) PAYABLE ANNUALLY COMMENCING IN FISCAL 2007 AND BEING RETIRED IN FISCAL 2010; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule municipality created under the Constitution of the State of Texas; and WHEREAS, With the growth of our parks projects, and anticipated growth relative to new development more staff & equipment was required to meet these needs and an additional truck was approved but not purchased in the FY 2005/2006 budget; and WHEREAS, A need for a replacement mower has been identified and a commercial grade riding mower will reduce the number of man hours required to maintain our existing and future Parks as well as providing better performance; and WHEREAS, The Town Council has historically utilized short term debt financing to purchase needed equipment in order to spread the cost of equipment over the useful life of the equipment and provisions have been made in next years budget as well as the out year budgets for payment of this debt; and WHEREAS, Several lenders were asked to provide terms for this financing and Bancorp South (Interest Rate of 4.29%) has the best terms for this type of financing NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are hereby affirmed and adopted as findings by the Town Council of the Town of Trophy Club. Section 2. The Town Council hereby approves the terms of this Ordinance authorizing the purchase and financing of the above referenced equipment in an amount not to exceed Seventy Eight Thousand and No/100 Dollars ($78,000.00) and accepts the proposal as put forth by Bancorp South (Interest Rate of 4.29%.) 57 Section 3. The Town Manager is hereby authorized to purchase the needed equipment and to execute the appropriate documents with Bancorp South (Interest Rate of 4.29%.) Section 4. This Ordinance is hereby approved and shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 11th day of September, 2006. ____________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas 58 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.8 Discuss and take appropriate action regarding method of nominations and appointments to Boards and Commissions and concurrent membership on advisory groups and boards and commissions. EXPLANATION: At the September 18, 2006 meeting, Town Council will be considering candidates for appointment to Economic Development Corporation 4A, Economic Development Corporation 4B, the Planning & Zoning Commission and the Zoning Board of Adjustment. This agenda item provides the opportunity for Council to discuss the current procedure for making nominations and appointments and discuss any changes to that procedure prior to the September 18 Council meeting. Copies of the resumes and applications received by the Town are included for your information. Attachments: 1. EDC 4A Applications 2. EDC 4B Applications 3. Planning and Zoning Commission Applications 4. ZBA Applications 5. Tree Board Applications 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.D.9 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. List 136 Items for the 9/18/06 Agenda Formal report by the Park Board as to their progress since being created and their plans. Discuss and take appropriate action relative to an Ordinance amending Article VIII , "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03 Y. Storm Water Drainage Utility and Section 8.01 ??, to allow a waiver for permit fees for non-profit organizations. Discuss and take appropriate action to approve Minutes dated, August 21, 2006. Consent Agenda: Discuss and take appropriate action approving court security funds to allow the doors in the annex badge locked. Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2006, and ending September 30, 2007. Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007. Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District for 2005. Discuss and take appropriate action repealing Resolution 2006-08 and adopting a new Resolution appointing members to serve on EDC A, EDC B, Planning and Zoning Commission, Tree Board and the Zoning Board of Adjustment. Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection B. Council to discuss and provide input regarding the procedures by which Council will move forward on Vision 2010. Discuss and take appropriate action regarding a Resolution approving the 2006- health benefits as offered by the Town. Discuss the procedures and provide direction for moving forward on future charter amendments and a Charter Commission. Items for Future Agendas – Dates to be Determined Discuss and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Payment Agreements with Master District for municipal annex. Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to political signs and quantity per commercial lot.) Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. Consideration of enactment of Hotel/Motel Tax. 137 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.E.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau Attachments: 1. None 138 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-11-2006 Subject: Agenda Item No.F.1 Adjourn.