July 28, 2015 - Highland Village

Transcription

AGENDA
REGULAR MEETING
OF THE CITY COUNCIL
CITY OF HIGHLAND VILLAGE, TEXAS
TUESDAY, JULY 28, 2015, 6:00 P.M.
HIGHLAND VILLAGE CITY COUNCIL CHAMBERS
1000 HIGHLAND VILLAGE ROAD, HIGHLAND VILLAGE, TEXAS
Convene Meeting in Open Session
(Training Room)
EARLY WORK SESSION
(Training Room)
1.
Conduct Budget Workshop – Follow Up/Special Revenue Funds
2.
Discuss Fire Department Response Times
3.
Clarification of Consent or Action Agenda Items Listed on Today’s City Council
Regular Meeting of July 28, 2015
(Items discussed during Early Work Session may be continued or moved to Open
Session and/or Late Work Session if time does not permit holding or completing
discussion of the item during Early Work Session)
CLOSED SESSION
(Training Room)
4.
Hold a closed meeting in accordance with the following sections of the Texas
Government Code:
A.
Section 551.071 – Consultation with City Attorney concerning pending or
contemplated litigation and on any regular session or work session agenda
item requiring confidential, attorney/client advice necessitated by the
deliberation or discussion of said item (as needed)
OPEN SESSION
City Council Chambers – 7:30 p.m.
5.
Call to Order
6.
Prayer to be led by Deputy Mayor Pro Tem William Meek
7.
Pledge of Allegiance to the U.S. and Texas Flags to be led by Mayor Charlotte
Wilcox
8.
Visitor Comments (Anyone wishing to address the City Council must complete a Speakers’
Request form and return it to the City Secretary. In accordance with the Texas Open Meetings Act,
the City Council is restricted in discussing or taking action on items not posted on the agenda.
Action on your statement can only be taken at a future meeting. In order to expedite the flow of
business and to provide all visitors the opportunity to speak, the Mayor may impose a three (3)
minute limitation on any person addressing the City Council. A thirty (30) minute time allotment is
set for this section, and the remaining speakers will be heard at the end of the Action Agenda.)
9.
Mayor and Council Reports on Items of Community Interest pursuant to Texas
Government Code Section 551.0415 the City Council may report on the following
items: (1) expression of thanks, congratulations or condolences; (2) information
about holiday schedules; (3) recognition of individuals; (4) reminders about
upcoming City Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and safety.
10.
City Manager/Staff Reports

HVTV Update
CONSENT AGENDA
All of the items on the Consent Agenda are considered for approval by a single motion
and vote without discussion. Each Councilmember has the option of removing an item
from this agenda so that it may be considered separately and/or adding any item from
the Action Agenda to be considered as part of the Consent Agenda items.
11.
Consider Approval of Minutes of a Regular Meeting Held on July 14, 2015
12.
Consider Approval of Minutes of a Special Called Meeting Held on July 14, 2015
13.
Consider Ordinance 2015-1180 for Proposed Amendments to the Development
Regulations and Site Plan Applicable to Lot 1B, Block 1, The Marketplace at
Highland Village, Including, But Not Limited to the Sign Regulations in Ordinance
03-906, Exhibit D, Signage Criteria and Consider an Application for a Site Plan for
the Marketplace at Highland Village Applicable to Said Property (second and final
read)
14.
Consider Resolution 2015-2573 Authorizing Amendment to Professional Services
Agreement with Mission Critical Partners for the Provision of Public Safety
Communications Consulting Services
15.
Consider Resolution 2015-2574 Granting an Easement for Underground Electric
Facilities to Denton County Electric Cooperative, Inc. D/B/A CoServ Electric on Lot
7, Murray Addition, City of Highland Village, Texas
ACTION AGENDA
16.
Take action, if any, on matters discussed in closed session in accordance with the
following sections of the Texas Government Code:
A.
17.
Conduct a Public Hearing and Consider Ordinance 2015-1181 Amending the
Development and Use Regulations Regarding Masonry Requirements and Exterior
Building Materials and the Site Plan Applicable to Lot 1, Celebrations Village
Center, Highland Village, Texas, Commonly Known as 2380 Nelson Parkway
Located in a Planned Development – Retail (PD_R) Zoning District and the NonResidential Overlay Zoning District (first of two reads)
18.
Discuss the Status of Development of the Property located in Planned
Development District 2012-1 (PD 2012-1) as established by Ordinance No. 20121132 (commonly known as “The District”) generally located north and west of the
intersection of FM 407 and Briarhill Boulevard and take appropriate action, if any
LATE WORK SESSION
(Items may be discussed during Early Worksession, Time Permitting)
19.
Status Reports on Current Projects and Discussion on Future Agenda Items (A
Councilmember may inquire about a subject of which notice has not been given.
A statement of specific factual information or the recitation of existing policy may
be given. Any deliberation shall be limited to a proposal to place the subject on
an agenda for a subsequent meeting.)


20.
35Express Update
Radio System Assessment and Recommendations
Adjournment
I HEREBY CERTIFY THAT THIS NOTICE OF MEETING WAS POSTED ON THE PUBLIC
BULLETIN BOARD AT THE MUNICIPAL COMPLEX, 1000 HIGHLAND VILLAGE ROAD,
HIGHLAND VILLAGE, TEXAS IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE,
CHAPTER 551, ON THE 24TH DAY OF JULY, 2015 NOT LATER THAN 4:00 P.M.
Lori Wright, Executive Assistant
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the
City Secretary’s Office at (972) 899-5132 or Fax (972) 317-0237 for additional information.
Removed from posting on the ________ day of _______________, 2015 at ___________by
_______________________.
CITY OF HIGHLAND VILLAGE
COUNCIL BRIEFING
AGENDA# 1
SUBJECT:
PREPARED BY:
MEETING DATE:
07/28/15
Conduct Budget Workshop – Follow Up/Special Revenue
Funds
COMMENTS
This item is on the agenda to allow for Staff and Council to conduct a budget workshop for
follow up and special revenue funds. Staff will provide a presentation at the meeting. The
City Manager Budget message follows this briefing.
July 28, 2015
Honorable Mayor Charlotte Wilcox and
Members of City Council
City of Highland Village
Dear Mayor and Members of City Council:
The proposed budget that is being presented to the Highland Village City Council for Fiscal Year
2015 – 2016 features a continued focus on meeting the City’s vision, mission and values
statements, and goal and objectives, which conveys an intent to provide the highest quality
service in the most efficient, cost effective, and courteous manner possible. Each year the
Mayor gives a “State of the City” program that provides an overview and current status of the
City of Highland Village. In Mayor Wilcox’s speech this year, she truly captured the true essence
of our role in preparing the budget each year and I feel it’s very appropriate to restate her
personal message at this time;
“As Mayor of Highland Village, working with city council and staff, as each decision
comes before us I always frame my questions with “how will our residents benefit from
this.” It is our goal to be responsible with your money, transparent in how your money is
spent and conscientious of ensuring you, the taxpayer, receive the best service and
amenities your money can buy. The Dallas Morning News recently revealed the findings
of a year-long study of transparency in public entities. I am proud to say that Highland
Village received an A. I can go one step further and report to you that our citizens,
businesses and customers consistently tell us Highland Village takes customer service
above and beyond the normal standard of service.”
In late 2014 the Highland Village City Council conducted a planning retreat to have an open
discussion on the current direction of the City and near term objectives for City Staff. Prior to the
meeting a survey was provided to each councilmember on a variety of topics concerning the
City, and from the survey a consensus came together and identified three categories. “Our
Vision for the Community”, “Gaps between our Vision and Current Reality” and “Action items”. In
the refinement and dialogue with Council, we came away with a consensus document that
provides a policy direction in our budget development.
Top Priority
Create IT assessment to determine City wide Technology needs to include all aspects of
hardware and software applications with a focus in dispatch technology needs, City wide
communications and radio compliance. - (IT & Technology are an absolute must; we need to
develop a master plan for the future!)
Survey citizens to understand what they want and need from the community; the survey should
include all areas of City Services – (Parks, Utilities, Police, Fire, Public Works, etc.)
Understand options for healthcare & retiree healthcare – (Look at all options with the focus
being on developing a Retirement Heath Care program that has a minimum impact to both the
City’s current health plan and budget dollars.)
Ongoing Priority
Continue building excellence through staff – continue to be intentional about preserving the
culture.
Look at all options for economic development and redevelopment activities.
On May 16th, the City Council conducted a special meeting with our primary emphasis on budget
planning for FY 2015 – 2016. The May Planning Session was an excellent kick off for this year’s
budget preparation, for the City’s management team in understanding the Council’s desire in
establishing the policy direction of being fiscally responsible to the residents of Highland Village.
In our day-to-day operations and service delivery, along with a planning process for
implementing a five year Capital Improvement Program, we, as City Staff under the guidance of
the Mayor and City Council, have been challenged to balance the optimal value for the City tax
dollars, while maintaining our focus on the fundamental understanding of government’s role in
providing basic core services. The policy process is an amazingly complex process that takes
courage by all parties to have a committed belief in the City, an understanding of its people, and
a concept of the appropriate role of government. We must first determine the needs of our
community; second, the will of our residents; third, our fiscal responsibility and practicality; and
finally, the courage to make a decision by taking action.
The May 16th the City Council Planning Session agenda topics;
Revenues - Sales tax projections and assessed valuation projections
Expenditures - Capital Projects/Programs
Police / Fire - Radio Systems Assessment
Police / Fire - CAD and Radio Compliance
Police Department Contract for Service
The FY 2015 – 2016 Budget Development Considerations

Tax Rate Management – For the FY 2015 – 2016 budget, no tax rate increase is
proposed. The tax rate is currently allocated between maintenance & operations and
debt service. We will continue to ensure that all enterprise funds such as the Utility Fund
are covering indirect costs, as well as direct services. The tax rate of $.56963 has been
maintained since 2000.

Denton County Appraisal District is projecting growth in our assessed values; final
certified tax role will be submitted on July 24th. At this time we are seeing an approximate
6% increase in this year’s assessed evaluations.

Fund Balances – The FY 2015 – 2016 General Fund Budget will maintain an estimated
fund balance of approximately 20% for the preliminary five-year outlook.

A focus on five-year General Fund forecast, a five-year equipment replacement
schedule and CIP shall provide the guidance to the development of initiatives in our
Budget Development Consideration for future years. The City Manager’s recommended
replacement for Police vehicles (Explorers) has been extended to 120,000 vehicle miles
from 100,000 miles.

The FY 2015 – 2016 Budget Process – Departmental budgets were prepared using the
thorough review of a budget software program, which facilitates justification for base
budget items and supplemental requests.

City Staff shall responsibly examine budget expenditures and revenues to address
operational integrity at all levels of City management, ensuring a continued exemplary
level of fiscal responsibility and risk management.

In our proposed competitive pay, benefits, and career development structure to attract
and retain qualified personnel for FY 2015 – 2016 we have identified a 3% increase,
which will be structured as a merit pool and wage adjustment.

We are committed to meeting the needs of our citizens through high quality service
delivery, and we recognize that the future success of Highland Village will require
continued investment in vital infrastructure and City facilities.
Public Safety was prominent in the budget discussion. Information was shared regarding an
agreement for police department store front facility at The Shops at Highland Village. The Shops
has dedicated space at no cost to the City. Sworn officers, auxiliary and Public Safety Officers
are present on site during high volume times.
The Public Safety Radio Systems Assessment has been identified as a priority in this upcoming
budget. Since the 1980’s, Highland Village Police Department has been a subscriber to the City
of Lewisville trunked radio system. Upgrades to the system have been done over the years, but
reception issues still exist. Action is required as the current radios are no longer being sold and
will not be supported after 2018. Transition to new technology APEX radios will be needed by
2018. Upgrading of radios and dispatch will benefit operations and the residents of Highland
Village.
Computer Aided Dispatch and Records Management System (CAD/RMS) was also addressed.
Prior to 1998-2000, the City had no CAD/RMS. In 2008, CAD/RMS reviewed with eight vendors,
with the top three being Crimes, Integrated Computer Systems (ICS) and New World. At that
time, the City began using Crimes, which is a low cost flat fee lease but is not user friendly with
limited functionality and redundant entries. The Crimes software (CAD/RMS) is slow on bug
fixes, has inadequate reporting tools and never delivered on live data sharing component. In
2014-2015, a new CAD/RMS review was conducted internally with a recommendation to
consider Integrated Computer Systems (ICS). The ICS system will allow an integrated dispatch
centers as proposed which will include Highland Village and Flower Mound, with the potential to
include Lewisville and Denton County. ICS advantages include increased officer efficiency,
improved accuracy, and extensive integrations and call center observation.
Health care alternatives are identified as a priority by both the City Council and the management
team for our employees. Mandates of the Affordable Care Act remain an uncertainty in our year
to year budgeting. The City’s required procurement process has delayed our final budgetary
numbers in health care cost until now. With good fortune, and ongoing negotiation allowed
under the local government code, Cigna is proposing a minimal increase of 5% in our current
rate structure and no plan design change for this next fiscal year.
It is our goal to develop a budget that will maintain the desired quality of life, while balancing the
needs of the residents – and also meeting our fiscal commitments. This year’s budget document
for FY 2015 – 2016 represents a collective effort by the City Council and City Staff to meet the
challenge.
In accordance with the Texas Local Government Code and the Charter of the City of Highland
Village, the proposed annual budget for the fiscal year beginning October 1, 2015, and ending
September 30, 2016 is being constructed for your review and comment. The budget presented
is filed with the City Secretary. It presents, in summary form, the revenues and expenditures for
each of the City’s departments, and five-year Capital Improvement Program.
Our first step in the construction of the FY 2015 – 2016 Budget was our review of our Municipal
Workforce Analysis and Staffing Plan and to identify needed positions through 2020. As we
have come to the realization as the City approaches build-out, along with the current positive
economic condition, it is appropriate at this time to look at the service level expectations for both
Highland Village residents and our day time visiting population at our retail centers and the
traveling public along the FM 2499 corridor. I will first guarantee the maximization of our current
resources and to look for efficiencies in our current structure of high service departments such
as Fire, Police, and Parks & Recreation before the addition of new personnel. Second, the
growth and expansion of future facilities and personnel must be data driven and data supported
for the additional growth in both facilities and personnel.
Growth & Expansion Ending/Maintenance Mode Beginning
Each and every day we look for that verification on how we are doing and this summer we have
been identified in two different publications. Highland Village is ranked as the #9 “Best Places to
Live” in the July 2014 addition of D Magazine top suburbs edition and in the Dallas Morning
News 2015 Best Neighborhoods, we are still identified as a great place to raise a family. A past
statement that is still true today; “Perched along the shores of Lewisville Lake, Highland Village
can brag about its access to parks and natural areas.” Our trail system, shopping and dining
opportunities, low crime rate, rolling hills and exemplary schools all played a part in being a
winning community in North Texas.
Feeding our budgetary needs and service level demand presents a challenge for all of us to
balance fiscal responsibility, service delivery and sustainability, considering these positive
economic times, and to continue our past success. In our projections, we are considering the
ramifications of not only this year, but even for the next five years and, to nobody’s surprise,
expenditures continue to increase. It is truly a balancing process that we have identified in future
years. We are all aware that we are at the end of our residential and commercial growth. The
retail does indeed broaden the tax base and bring in more money, but not always enough to
offset the cost of additional services and city personnel that a growth in our commercial and
residential community necessitates. The following areas identified must be taken into
consideration as we go forward in our future strategies in providing the sustainability in our local
government.
Employee Salary and Benefits

Our historic and current budget structure for the Personnel Category of the General
Fund Budget has consistently ranged from 69% to 70%.

Our present employee salary structure is designed to maintain a premier work
environment and competitiveness with other cities which is needed to attract and retain
quality employees. Simply stated, without adequate personnel, the City cannot operate
effectively. We view this as an established rock-solid policy, which must be sensitive to
our current and future economic conditions.

It is our desire to keep the cost and quality of employee health care options at a level to
adequately cover our employees and dependants to the best of our ability.
Community Identity

With our community identity established, we now must work to maintain and build on our
success of “Quality,” “Safe,” and “Natural Beauty.”

Our natural beauty is being developed as a source for recreation. The implementation of
our Trail System Master Plan with 4B Funds is providing a lifestyle enhancement, along
with an infrastructure factor that today’s citizens desire.

Condition of our neighborhoods - “Broken Window Syndrome” - Our building codes and
the need for overlays to address redevelopment as it applies to the revitalization of our
aging housing market. We compete with so many other new developments that we must
maintain and never become complacent with the look of our residential and commercial
properties.

We cannot afford to be all things to all people and we have recognized this. We must
identify the range of services that our community desires and provide both a high quality
of personal service and a financial level to fund the programs to make them successful.

We have placed a huge emphasis on communication to the citizens of Highland Village
by means of e-mail, HVTV, website, water bills, pamphlets and brochures, City Manager
report, annual reports, and personal interaction.

Parks – Continue maintaining a comprehensive park system that offers both natural
amenities and recreational opportunities to our residents, further enhancing the beauty
and enjoyment of our parks at the highest level that is desired throughout the
community.
Public Safety

Both residential and commercial growth is nearing completion. Anticipating our ultimate
calls for service for Police, Fire, and Emergency Medical Service is a priority in
determining our service level for our community; not only in our residential but also in our
commercial and retail centers.

It is a proven fact that our Community Policing model works, which focuses on
"Prevention through Citizen Awareness and Involvement" rather than a more reactive
and less participative, Order Maintenance/Call Response, method of policing.

There is a new focus within the Highland Village Fire Department to move the level of
service to a disciplined, professional organization that delivers unmatched service to the
citizens, regardless of whether the need is an emergency or a routine event.
Infrastructure

In our current CIP for both the General Fund and for our Enterprise Funds, we have
identified facilities and infrastructure that will need to be addressed with growth and
development of Highland Village.

Transportation – Internal network – we have over 200 lane miles of concrete and asphalt
streets that will need to be maintained and ultimately reconstructed to provide safe traffic
flow.

We have developed a Pavement Management System to help plan and to determine
cost of increased maintenance dollars for preventive measures in-house vs. contracting
maintenance cost, along with providing a priority reconstruction plan for our street
network.

We continue to model both our existing water and wastewater systems for Capital
Planning for future issuance of Utility Bonds.

Storm Water Drainage Regulations – The Storm Water permit has been renewed
through the Texas Commission on Environmental Quality (TCEQ).

West Nile Virus and Mosquito abatement – We have proactively developed a monitoring
system with a series of traps to verify the potential increase populations which allows a
designated concentrated effort of mosquito control.
FY 2015 – 2016 Council Goal and Objectives
Council Goal: Enhance the quality of life within Highland Village, while meeting the
needs and expectations of the residential and business community.
Continue to provide Superior Public Safety, Customer Service, Social, and Health
Services to the community.
 Maintain our recognized model in Police and Fire services; continually explore and
develop programs to discourage crime and enhance safety.
 Investigate operational efficiencies in regard to utilization of public safety resources
without compromise to safety of residents and businesses.
 Promote proactive programs and agreements to provide public safety (i.e. Vacation
Watch, Police Involving Parents, cooperative inter-agency and interlocal agreements; as
well as high visibility and community involvement for our Fire and Police employees).
 Support social services (i.e. Youth and Family Services, Children Advocacy Center, and
other community organizations that provide services to our residents in our region).
 Actively pursue effective code enforcement to maintain high standards throughout the
community.
 Provide all City functions in a courteous, effective, and efficient manner to all customers,
responding quickly to requests for services and providing timely response to customer
complaints.
 Investments in operations will continue to be made in technology that will optimize
customer service.
 Promote responsible pet ownership through our Animal Services.
 Maintain effective emergency management disaster readiness.
Conduct the Business of the City in a Fiscally Responsible Manner
 Retain our current AA+ bond rating.
 Adhere to financial policies that are maintained to promote fiscal responsibility.
 Explore new and innovative revenue sources where appropriate and pursue efficiencies
to minimize expenditures.
 Promote and utilize Highland Village business whenever possible in making municipal
purchases.
 Adopt City budgets within the confines of existing tax rate and in context of the five-year
forecast to demonstrate sustainability and emphasize funding of capital projects when
capacity is available.
Promote Quality Transportation Services
 Continue implementation of the Transportation Master Plan
 Advocate the significance of DCTA rail and bus service for Highland Village residents
and retail development and secure adequate DCTA availability for residents.
 Identify and monitor the FM 2499 corridor to effectively accommodate vehicular traffic
while protecting the integrity of our neighborhoods.
 Pursue infrastructure improvements to facilitate traffic and safety.
 Enhance pedestrian-oriented means of travel in Highland Village and install improved
pedestrian crossing system aimed at enhancing public safety.
 Work with the Texas Department of Transportation on the reconstruction of IH 35E from
IH 635 to US 380, also prioritizing availability of timely information regarding impact to
residents.
Employ High Quality, Service Oriented Personnel
 Foster a work force comprised of professional, highly qualified, and customer friendly
employees.
 Provide a work environment that promotes a high level of job satisfaction for employees.
 Promote educational standards and re-education opportunities that provide career
development structure.
 Provide innovative and flexible compensation to ensure we remain competitive in our
market.
 Provide succession planning for key positions throughout the City.
Provide for a Diversified Business Climate
 Promote existing and new retail businesses in Highland Village with the HVBA, with
emphasis on high quality retail and restaurants – also including a fuel station.
 Enhance open communication between all government entities; the Business
Community, City Hall, and City Residents
 Pursue Economic Development and redevelopment through the use of innovative
programs to emphasize retention and the expansion of existing business, especially on
older developments.
 Instill a sense of community in all Highland Village’s businesses and residential
neighborhoods.
 Uphold and enhance commitment to public education and communication via holiday
promotions, special events, shopping center meetings, and other available venues
Provide Quality Leisure Opportunities
 Review existing and consider new recreational offerings for the residential and business
communities on a regular basis to satisfy the growing needs of the community.
 Continue to support community and special events.
 Continue implementation of the Parks Master Plan and The Trail System Master Plan
and related facilities and additions to the plan as deemed appropriate.
 Maintain the excellence of the Highland Village park system, maximizing the functionality
of each park area.
 Continue to explore grant/alternative funding opportunities when possible.
 Connect trail systems throughout the City where feasible.
Work to instill a “Sense of Community” in Highland Village residents
 Continue to build a sense of community through activities like the newsletters and the
City Website.
 Work to find new avenues to involve more residents in the civic process and to serve on
boards and commissions with the hope of developing new leaders from a cross section
of the community.
 Create avenues that allow residents and members of the business community to have a
sense of pride living and working in Highland Village.
 Utilize social media outlets to share information and involve residents with City.
 Identify and facilitate volunteer activities that serve the community.
Expand the leadership role of the entire Council by active participation in community
groups and professional development
 Council members will actively represent the City of Highland Village and participate in
community groups, intergovernmental agencies, and professional associations that are
consistent with Highland Village goals.
 Encourage participation of Boards and Commission members in City activities.
 Support and advance Highland Village’s participation at the local, state, and national
levels.
 Maintain contact with area schools and promote programs that have a positive influence
for youth in the community.
 Council members will utilize professional development opportunities provided by the
Texas Municipal League and other professional groups.
 Continue exploring ways to inform residents/businesses about regional and state
legislative developments that impact our City and its residents.
To make Highland Village developments and its operations sustainable so they protect
and enhance the City’s quality of life
 Evaluate City operations to identify areas where resources can be conserved in the
provision of public service without significantly affecting the quality of services.
 Where financially and operationally practical, purchase supplies for City services that are
comprised of recyclable materials and or will minimally impact the environment with their
use.
 Actively recycle materials to divert items from landfills and initiate programs to promote
recycling by the City’s residents, businesses, and visitors.
 Uphold and enhance our commitment to public education and communication with
regard to recycling and environmentally friendly programs.
 Enhance water conservation for the City and its customers.
 Maintain comprehensive programs to manage environmental/health concerns when
possible, such as programs to address mosquito abatement that are appropriate and
effective, with emphasis on proactive action.
GENERAL FUND
The General Fund supports all municipal
water/wastewater/drainage utility operations.
operations
with
the
exception
of
Property Values – For this year we have estimated a 6% growth in our property values from
Denton County Appraisal District. Although it is the largest element of General Fund Revenues,
property tax is only one of several revenue sources used to fund City operations, with others
including sales tax, franchise fees, fines, development fees, charges for service, interest
income, and miscellaneous revenue. The tax rate is split between two components –
maintenance/operations and debt service.
General Fund Summary
The proposed Base FY 2015 – 2016 General Fund expenditures total $15,287,980 with
$1,851,922 identified for supplemental. These expenditures are accounted for in twelve
separate department budgets, which reflect a base budget increase of 5.3% from FY 2014 –
2015 and an increase of 18% with supplemental’s.
City Manager
Human Resources
Finance
Information Services
Fire
Police
Community Services
Streets
Parks
Recreation
Building/Fleet
Maintenance
City Secretary
Total
Total FY 2015
Budget
$660,948
469,768
1,865,663
2,531,768
4,232,363
421,741
1,192,797
1,511,638
377,847
Base FY 2016
$563,557
477,384
1,483,614
787,755
2,579,122
4,105,574
405,870
1,781,855
1,551,873
391,816
Supplemental
41,000
4,950
132,639
27,500
1,389,433
205,000
11,800
-
Total FY 2016
Budget
$563,557
518,384
1,488,564
920,394
2,606,622
5,495,007
405,870
1,986,855
1,563,673
391,816
952,299
304,825
864,035
295,525
53,100
-
917,135
295,525
14,521,657
15,287,980
1,865,422
17,153,402
City Manager
The City Manager’s office is responsible for the efficient and effective implementation of Council
policies and priorities throughout city government. We accomplish this responsibility by
coordinating the official business of the City Council, by providing leadership and direction to the
entire organization, by maintaining the policies, regulations, and code of ordinances of the city,
by responding to requests for information and assistance, and by acting as a liaison between
city government, residents and the City of Highland Village City Council.
Finance
The Finance Department’s primary goal is to provide timely, accurate, and relevant information
to all customers. This department provides core services that are comprised of: financial
accounting - including accounts payable, payroll, accounts receivable, utility billing, and
investment of idle funds; financial reporting; budget; Municipal Court; and also includes Public
Affairs. Additionally, the Finance Department procures various citywide components such as
liability insurance, appraisal district services, and tax collection services.
A resident satisfaction survey will be administered to residents in the fall of 2015. The survey
will provide a point of reference for the perception and satisfaction of city services and will be
used to develop and improve city programs and services. A re-design of the city and HVBA
website will be implemented in 2016, utilizing survey results and staff input. Communication and
transparency continue to be a focus with the proposed integration of an online form center on
the city website allowing residents to complete, sign and submit forms online. The online form
center will be used internally by staff and includes a workflow element allowing all employees
the ability to report and manage workflow from any device. The Highland Village Business
Association continues to provide opportunities for business networking, customer connection
and awareness of local businesses. The HVBA will partner again this year with the Police
Department in the Fallen Hero Bike Race through Highland Village Restaurant Week which
benefits the Fallen Officer fund and raises awareness of Highland Village eateries.
As technology needs have continued to advance over the years, we are transitioning
Information Services to a standalone department, rather than a division under Finance, to
enhance our ability to serve the needs of our internal and external customers to the best of our
abilities.
Human Resources
The Human Resources Department is a strategic partner in management’s ongoing efforts to
utilize the City’s human capacity effectively and to structure the organization to meet the City
Council’s objectives, as well as citizens’ expectations. The City of Highland Village continues to
place emphasis on the development of our workforce. Teamwork is critical between
departments and cross functional groups contribute at every level of the organization. The City
truly views its employees as a long-term investment as exhibited by the establishment of
retention goals, commitment to training and development, and emphasis on safety.
The objective established by the City Council to “Employ High Quality, Service Oriented
Personnel” extends beyond initial employment. Retention and development strategies are
essential to maintain a culture of high quality customer service. Employees are challenged to
grow in their jobs and advance within their profession through the attainment of advanced
certifications. Career ladders are established within job classifications to recognize increasing
skill and knowledge.
This year, the Human Resources Department conducted a Certification Audit to determine and
document each employee’s level of advanced technical knowledge. The initiative established a
comprehensive data base of skills previously decentralized in individual departments.
Performance Development is stressed at all levels of the organization, and all employees were
included in Performance Development training conducted in 2015. Employees are also
encouraged to pursue advanced education through the Educational Assistance/Tuition Aid
Program.
In order to remain effective, organizational structure is reviewed on a regular basis. A need was
identified within the Information Technology (IT) function. An organizational analysis was
conducted resulting in reassignment of responsibilities and the establishment of an Information
Services Department encompassing Geographic Information Services (GIS) and IT. In addition
to the Information Services Director, other key positions staffed include City Secretary, Deputy
Public Works Director, and Assistant Fire Chief.
In addressing all phases of the employment life cycle, the Human Resources Department has
proposed the establishment of a Retiree Health Savings Plan. The plan provides for tax
sheltered employee and City contributions to be placed in an account specifically to be used for
post retirement medical expenses. The plan does not impose any unfunded liability upon the
City and allows retiring employees to leave with a tax free pool of money to use for medical
premiums and expenses.
City Secretary’s Office
The mission of the City Secretary’s Office is to provide exceptional, professional, and fiscally
responsible customer service to the public, City Council, and City Staff when responding to
requests for information pertaining to City documents, municipal elections, records
management, and municipal government procedures. The City Secretary’s Office provides staff
support to the Mayor and City Council. As the City’s designated Records Management Officer
(RMO), the City Secretary manages the preservation of official records of the City of Highland
Village in accordance with the Texas State Library and Archives Commission Records
Retention Schedules. These official records include, but are not limited to, minutes, Ordinances,
Resolutions, contracts, and election records. The City Secretary’s Office is also responsible for
the conduct of all municipal elections, including, but not limited to, election of City officials,
Charter amendment elections, and bond elections.
Use of the City’s Laserfiche document imaging system has enabled the City Secretary’s Office
to electronically respond to requests for information from the public and internal departments
quickly. City Departments have direct access to minutes, Ordinances, Resolutions, and
contracts via Laserfiche. Enhancements to Laserfiche, including the implementation of work flow
and records management modules continue to provide benefits to all City departments. These
additions to Laserfiche allow for more efficient use of staff time as scanning and retention of City
documents become more automated.
The City Secretary’s Office budget reflects the goals and objectives established by the City
Council. It includes funding for training opportunities for the members of Council, which aids in
Council’s understanding of services provided to residents by municipal governments, as well as,
networking opportunities with other cities in our area and throughout Texas. In addition, the City
Secretary’s Office budget includes funding for community non-profit organizations that provide
services to the residents of Highland Village.
The objective of the City Secretary’s Office is to enhance the positive perception held by
Highland Village residents and City Staff that the City Secretary’s Office provides outstanding,
effective, and efficient public service to all our customers, both internal and external.
Police Department
The Police Department continues to have success in its Value Based Policing Model and
Community Oriented Public Safety (COPS) philosophy in preventing criminal and unsafe
behavior from occurring in our community. Our challenges and priorities remain the same in
managing policing issues related to retail development, transportation growth, and the impact of
our ever increasing business and residential populations.
We continue to improve our community partnerships and ability to gain citizen support in sharing
the challenge of keeping our community safe. These partnership programs include Area of
Responsibility (AOR), Police Involving Parents (PIP), E-Watch and Business E-Watch providing
instant crime awareness messaging to over 3,400 subscribers, Law Enforcement Teaching
Students (LETS), Anti-Bullying education, and Prescription Drug Take Back Program to name
just a few. The Police Department’s Operation Shield, which is designed to secure our partner
businesses against break-ins, was awarded the prestigious International Association of Chiefs
of Police Community Policing Award.
As always, support from our dedicated group of over 40 Civilian Auxiliary members at special
events, school programs, Sky Watch, Court Bailiff, Handicap Parking Enforcement, Inland Trail
security, and Volunteers in Patrol with police vehicles, carts, and bikes are a great resource and
force multiplier in enhancing our presence, deterrence, and operational capabilities.
Additional initiatives designed to improve service quality, increase efficiency, and costeffectiveness includes:
• Best Practices Compliance - Continued compliance with Texas Police Chiefs
Association Best Practices.
 New Police Mini Academy - Our field training program was enhanced to provide
additional training on essential skills and topics unique to Highland Village which help
reinforce our policing model.
 Alarm Ordinance Management - Switched management vendors from Crywolf to PMAM
to improve service and accountability.
 Police Parking Lot Safety – Established one way entrance and exit with angled back-in
parking stalls to improve safety and avert accidents when leaving police parking lot
during emergencies.






Streamlined Performance Evaluation Process – Due date’s reorganized based on
calendar year to improve efficiency and better identify agency strengths/weaknesses
and integration with department goals and objectives.
Bank Safety and Security (No Hats/No Hoods Program) - Every bank was re-visited and
provided robbery deterrence supplies and instructions.
Alternate Patrol Uniform – An external vest carrier uniform for optional wear was
adopted for increased officer comfort.
Mobile Ticket Writer Updates - The Brazos hand held, mobile ticket writing equipment
and printers were all updated with Court Technology Funds. These devices should be
operational for at least 5 years.
Improved FD Partnership—Joint training along with open staff meetings has continued to
grow the two departments together.
Deployment of Police “Sandwich Boards” at high crime locations to deter crime and
improve safety.
Fire Department
The Highland Village Fire Department is a professional organization of civilian and uniformed
members, dedicated to delivering top rated service. The organization utilizes a civilian employee
to manage the Community Services, and 18 uniformed employees to provide fire suppression,
emergency medical services, and other calls for service. The department currently employs a
full time staff of Firefighter/Paramedics, available 24 hours a day, seven days a week.
The Highland Village Fire Department is dedicated to maintaining the national “Heart Safe
Community” designation that was received in 2014. A Heart Safe Community improves the
Cardiac Survivability Profile of the citizens and visitors of the City. The Fire Department
supports this mission by staffing Firefighter/Paramedics in all field operations, by providing
Automated External Defibrillator’s (AEDs) throughout the City for staff and citizen use, and
providing state-of-the-art cardiac medical response. To continuously challenge itself, the Fire
Department utilizes third-party incident reviews of each medical call to improve patient treatment
and outcomes.
Regional delivery of emergency services is imperative to the success of Denton County and the
State of Texas as a whole. The Texas Intrastate Fire Mutual Aid System (TIFMAS) was
designed to provide emergency support from communities unaffected by large scale incidents.
The Highland Village Fire Department is a member of this system, and has been designated to
receive a vehicle to support this ongoing mission. This truck will be staffed not only by Highland
Village, but local Firefighters trained in the specific disasters that are common in Texas as well.
The truck can be used in local incidents when not called to state responses, which will aid the
department in managing and controlling local incidents. As a regional member of the Denton
County Mutual Aid System, the Fire Department assists other cities in Denton County. This
year, the Highland Village Fire Department worked closely with area Firefighters to contain and
extinguish three fires occurring in dry lake beds at Lake Lewisville and Lake Grapevine.
The Community Services of the Highland Village Fire Department focuses on caring for the
special populations within the City limits as well as the general care and protection of the entire
citizenry. CPR programs, safety car seat installations, first aid programs, home inspections, Vial
of Life, and senior blood pressure checks are just a few of the programs offered. These target
special populations and their specific needs, providing a proactive approach to meeting their
needs before their needs generate calls for service. This investment is designed to improve the
quality of life of the citizens and encourage involvement in citizens taking care of each other in
emergency situations. As a result of their fire prevention efforts, the Highland Village Fire
Department was the only department in Texas awarded the Life Safety Achievement Award for
2011, 2012, and 2013. Additionally, the Fire Department has been nominated for the 2014
award as well. This award recognizes efforts a department takes in its community to reduce,
minimize, or eliminate fire deaths and accidental deaths. This year, all City employees were
taught “Hands Only CPR” and AED use, which will improve the response capability of the City to
help the public it serves.
The Fire Department houses the Emergency Management Division for the City of Highland
Village. Emergency Management is focused on maintaining the readiness level of the City to
respond to a myriad of problems that may arise within the City limits. The primary goals are to
maintain the operation and readiness of the Early Outdoor Warning Sirens (EOWS), provide
support and oversight of special events that happen within the City, continue to enroll citizens in
the Connect CTY notification program, and enhance staff’s abilities and understanding of the
Emergency Operations Plan. This year, the Emergency Operations Center (EOC) was
particularly busy during the Winter Storms “Quantum” and “Remus,” followed by the threatening
spring weather with floods, excessive rainfall, and storms. The EOC remained vigilant issuing
warnings, notifications, and keeping the citizens safe. The Emergency Management Division
has been active in mitigation and recovery efforts following the spring storms, working for the
citizens to recover funds and reduce loss.
Lastly, the Fire Department strives to provide exceptional emergency and preventive services to
the City and the region, while providing the citizens and guests of Highland Village a safe place
to shop, play, and live.
Community Services
The Community Services staff provides and maintains customer service in the areas of Planning
and Zoning, Code Enforcement, Building Inspections, and plan review. A shift in services
needed from inspections of new residential construction to inspections of commercial, additions,
finish-outs, patio covers/outdoor kitchen areas, pools and fences is ongoing.
To better serve our citizens and contractors, we are continuing the implementation of the online
permitting and registration program to facilitate the permitting process.
Maintenance
The Fleet Maintenance Division provides vehicles, fuel, and vehicle maintenance and repair
service for all City departments. Fleet Maintenance also oversees the physical maintenance of
the City Municipal Complex, the Fire Station, DuVall Center, and the Public Works facility by
providing a comfortable working environment for staff and an attractive building for residents to
conduct business.
Streets
The mission of the Street Division is to construct and maintain the City’s public street
infrastructure. This includes pavement, signs, marking, and right-of-way management. We will
continue to use our Pavement Management System to optimize the life cycle maintenance cost
of our street network and develop candidate streets for a future street reconstruction bond
election.
Major division projects will include pavement overlay of Highland Village Road from Brazos
Boulevard to the KCS Railroad Crossing, and improvements to Sellmeyer Lane. Overlay
projects as part of the life cycle maintenance program will continue, as well as the
implementation and management of a new street sweeping program. Additionally, the Streets
Division will continue the sign reflectivity upgrade project to achieve compliance with the
MUTCD standards.
Parks and Recreation
It is the mission of the Parks and Recreation Department to establish recreation programs and a
park system for our citizens that provides them with a source of pleasure and opportunity for
healthy activity, promotes Economic Development, minimizes demands on valuable City
resources, and instills pride in those who provide and utilize our facilities and services.
The Parks and Recreation Department provides services to thousands of individuals by
providing parks and open space as well as recreation and leisure service programs and
activities. It has been our philosophy that we maximize the use of our taxpayer dollars by
strategically and comprehensively planning for the provision of parks, trails, open space, and
recreational programs that address the long term needs, desires, and interests of our residents.
In addition, we feel it is imperative that we continue to have high maintenance standards in
order to protect the City’s investment in parks and facilities, as well as for the safety of our
citizens who utilize park and recreation services.
CAPITAL PROJECTS FUND ANTICIPATED FUTURE PROJECTS
The majority of activity will be from the Highland Village Community Development Corporation
with trail construction and a soccer complex. These projects are funded by 4B sales tax
revenues. Current projects are funded by a recent debt issue of $6.7M in early 2014, as well as
remaining proceeds from the last debt issue of $3.8M in FY 2009 (this following a $3M issue in
FY 2008). While issued as a City Certificates of Obligation, the City and the Highland Village
Community Development Corporation have an agreement for the Corporation to pay the City
the associated debt service. In addition, the City received $2.8M from TxDOT in FY 2013 as
remediation for use of Copperas Branch Park during construction of I-35. This in turn will be
applied to construction of Doubletree Ranch Park.
A $300,000 issue accompanied the $6.7M issue in 2014 to fund playground equipment and
parking. A portion of a FY 2012 $2.85M issue to fund Park, Street, and Drainage Improvements
remains, with intent to complete identified street projects. Outstanding projects at this time are
related to the General Fund, Capital Projects Fund, and the Highland Village Community
Development Corporation. A number of projects were completed within the past year and are
detailed following. The following table is a summary of the capital projects in process.
Projects In-Process
Description
Funding Source
Remaining
Balance
Status
90,000
Pending – Developer agreement not
yet submitted
$1,428,000
Wichita Estates developer to
reconstruct adjacent section of
Sellmeyer – with City
reimbursement. Section at either end
of this section to be reconstructed by
City contractor. Construction start
June 2015
General Fund
Hidden Pines
Development
City participation (parking
adjacent to Unity Park)
Fund Balance
Capital Projects Fund
$2.8M 2012 Certificate of Obligation
Sellmeyer Road
improvements
HV Community
Development Fund
-Remaining $2.8M 2012
Bond Proceeds ($640,000)
-Utility Fund ($80,000)
-General Fund ($708,000)
(Project cost $1,428,000)
Castlewood Trail
(Including tie-in to City
Trail via FM 2499 Tunnel)
Lakeside Community Park
Doubletree Ranch Park
2009 Bond ($3.86M) & 2014
Bond ($6.7M) - Project cost
$1,120,198
2009 Bond ($3.86M) - Project
cost $510,772
2014 Bond ($6.7M) in
conjunction with I-35
Mitigation ($2.8M)
– Project Cost - $9,284,058
0
0
2,708,488
Design
completion
in
2013,
construction initiating in Summer
2014. Complete in 2015.
Project initiated in 2014. Complete
in
2015.
Construction in progress with
expected completion in September
2015.
UTILITY FUND
A primary and critical task of any City is the provision of water and wastewater service to its
residents. To its credit, Highland Village has secured a stable and reliable source for each of
these services through owning and operating five water wells, and the subscription with Upper
Trinity Regional Water District (UTRWD), which are expected to be sufficient through build-out.
The Utility Fund is an Enterprise Fund that is finance primarily through user charges. Utility rates
are maintained to derive sufficient revenues to meet the obligations associated with the
provision of water and wastewater services.
Utility rates are established to pay for delivery and maintenance of water and wastewater to City
residents. The structure of the rates is bifocal, with charges associated with wholesale
water/wastewater purchases from UTRWD presented as a pass-through charge to residents,
and separate rates to address the City’s cost of service.
Two primary projects are being addressed this Fiscal Year. First, the replacement of an existing
8” water main along Highland Village Road, starting at the intersection of Highland Village Road
and FM 407, and running to the south side of Brazos Boulevard. Second, we are replacing the
existing 16” water main along Highland Shores Boulevard, starting at the intersection of
Highland Village Road and Highland Shores Boulevard, and running to Briarhill Boulevard.
Projected working capital balances are sufficient with no anticipated water or wastewater utility
rate adjustment identified for Fiscal Year 2016.
SUMMARY AND CONCLUSIONS
In the preparation of the FY 2015 – 2016 Budget It is our goal to develop a budget that will
maintain the desired quality of life, while balancing the needs of the residents. This year’s
budget document for FY 2015 – 2016 represents a collective effort by the City Council and City
Staff to meet the challenge. In our development of the budget, there are three essential areas
that will be our focus in the fundamental understanding of government’s role in providing
enhanced core services to our residents: Policy Coordination and Implementation between
Council and Staff, Communications, and Measurement and Evaluation. City Staff will continue
to review and evaluate internal operations for opportunities to reduce costs and improve the
provision of funded services.
Sincerely,
Michael Leavitt
City Manager
COUNCIL BRIEFING
AGENDA# 2
SUBJECT:
PREPARED BY:
MEETING DATE:
07/28/15
Discuss Fire Department Response Times
COMMENTS
At the time of this packet assembly, staff was still working to assemble information for the
Fire Department response times. The information will be provided at the Council meeting.
COUNCIL BRIEFING
AGENDA#
7
SUBJECT:
PREPARED BY:
MEETING DATE: 07/28/15
Pledge of Allegiance
COMMENTS
A Councilmember will lead the Pledge of Allegiance to the U.S. and Texas Flags.
The Pledge to the Texas Flag is as follows:
Honor the Texas flag; I pledge allegiance to thee, Texas, one state
under God, one and indivisible."
COUNCIL BRIEFING
AGENDA#
9
SUBJECT:
PREPARED BY:
MEETING DATE: 07/28/15
Mayor and Council Reports on Items of Community Interest
COMMENTS:
Pursuant to Texas Government Code Section 551.0415 the City Council may report on the
following items: (1) expression of thanks, congratulations or condolences; (2) information
about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming City
Council events; (5) information about community events; and (6) announcements involving
imminent threat to public health and safety.
COUNCIL BRIEFING
AGENDA# 11
SUBJECT:
MEETING DATE:
07/28/15
Consider Minutes of the July 14, 2015 Council Meeting
PREPARED BY:
Diane A. Callahan, City Secretary
BACKGROUND
Minutes are approved by majority vote of Council at the Council meetings and listed on the
Consent Agenda.
IDENTIFIED NEED/S:
Council is encouraged to call the City Secretary Department prior to the meeting with
suggested changes. Upon doing so, the staff will make suggested changes and the minutes
may be left on the Consent Agenda in order to contribute to a time efficient meeting. If the
change is substantial in nature, a copy of the suggested change will be provided to Council
for consideration prior to the vote.
OPTIONS & RESULTS:
The City Council should review and consider approval of the minutes. Council’s vote and
approval of the minutes reflect agreement with the accuracy of the minutes.
PROGRESS TO DATE: (if appropriate)
The City Manager has reviewed the minutes and given approval to include the minutes in this
packet.
BUDGETARY IMPACT/ORDINANCE CHANGE: (if appropriate)
N/A
RECOMMENDATION:
To approve the July 14, 2015 Council Meeting minutes.
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF HIGHLAND VILLAGE, TEXAS
HELD IN THE MUNICIPAL COMPLEX, 1000 HIGHLAND VILLAGE ROAD
TUESDAY, JULY 14, 2015
The City Council of the City of Highland Village, Texas met in early worksession on the 14th day
of July, 2015 at 6:00 p.m. prior to the regular Council meeting.
Call to Order
Mayor Wilcox called the meeting to order at 6:00 p.m.
Roll Call
Present:
Charlotte Wilcox
Michelle Schwolert
William Meek
Mike Lombardo
Patrick Coon
Fred Busche
John McGee
Mayor
Mayor Pro Tem
Deputy Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
Staff Members:
Michael Leavitt
Joe Gorfida, Jr.
Diane A. Callahan
Ken Heerman
Doug Reim
Scott Kriston
Laurie Mullens
Andrew Boyd
Karen Bradley
City Manager
City Attorney
City Secretary
Assistant City Manager
Police Chief
Public Works Director
Public Affairs Manager
Senior A/V Technician
Administrative Assistant, City Secretary Office
Mayor Wilcox advised that Council would consider Item #2 first this evening.
2.
Discuss Resident Satisfaction Survey
City Manager Leavitt explained that staff was looking for two volunteers from Council to help in
the formation of the resident satisfaction survey to be conducted in the fall.
Mayor Wilcox and Mayor Pro Tem Schwolert volunteered to help in the formation process.
Mayor Wilcox advised that Council would consider Item #3 next.
3.
In regards to Item #15, City Manager Leavitt provided Council with copies of an email received
from Planning and Zoning Commission Chair Deedee Ricketts explaining concerns raised by
the Commission with the site plan. Mr. Leavitt advised that all items listed in her email, except
number two have been addressed in the newly submitted documents.
CITY COUNCIL MEETING MINUTES, JULY 14, 2015
Mayor Wilcox advised that Council would now consider Item #1.
1.
Status Update on Ordinance No. 2012-1132 The District of Highland Village
The consensus of Council was that questions related to this update would be better addressed
during closed session.
2.
Discuss Resident Satisfaction Survey
This item was considered earlier in the meeting.
3.
This item was considered earlier in the meeting.
4.
CLOSED SESSION
Mayor Wilcox announced at 6:10 p.m. that Council would convene into Closed Session
as authorized and in accordance with the Texas Local Government Code Section
551.071 – Consultation with City Attorney concerning any regular session or work
session agenda item requiring confidential, attorney/client advice necessitated by the
deliberation or discussion of said item, specifically Item #1 Status Update on Ordinance
No. 2012-1132 The District of Highland Village.
Mayor Wilcox reconvened Council into early worksession at 6:51 p.m.
Council concluded the early worksession at 6:52 p.m.
OPEN SESSION
5.
Call to Order
Mayor Wilcox called the meeting to order at 7:30 p.m.
Roll Call
Present:
Charlotte Wilcox
Michelle Schwolert
William Meek
Mike Lombardo
Patrick Coon
Fred Busche
John McGee
Mayor
Mayor Pro Tem
Deputy Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
Staff Members:
Michael Leavitt
Joe Gorfida, Jr.
Diane A. Callahan
Ken Heerman
City Manager
City Attorney
City Secretary
6.
Prayer to be led by Councilmember John McGee
Page 2 of 7
Councilmember McGee gave the invocation.
7.
Pledge of Allegiance to the U.S. and Texas Flags to be led by Deputy Mayor Pro
Tem William Meek
Deputy Mayor Pro Tem Meek led the pledge to the United States and Texas flags.
8.
Visitor Comments
Town of Copper Canyon Mayor Sue Tejml spoke on behalf of the Denco 9-1-1 District. She
addressed the services provided by Denco 9-1-1 and thanked Council for its nomination of her
to continue service on the Board of Directors.
9.
Mayor and Council Reports on Items of Community Interest

Presentation of Highland Village Balloon Festival Poster Contest Winners
Highland Village Lions Club Secretary Barbara Fleming and President John McGill joined Mayor
Wilcox to recognize the winners of the Highland Village Lions Club Balloon Festival Poster
Contest. Ms. Fleming explained that students from all four schools located within Highland
Village submitted poster drawings depicting the 28th Annual Balloon Festival theme of “Sight
Takes Flight”. She advised that ten finalists were selected from each school and a panel of
judges selected the five overall winners. Ms. Fleming thanked Mayor Wilcox for serving as a
judge for this year’s contest.
Ms. Fleming announced school finalists in attendance at the meeting included: Lily Geter, a 3rd
grade student at Highland Village Elementary; Cali Beal, a Kindergarten student at McAuliffe
Elementary; Maryn Jones, a 5th grade student at McAuliffe Elementary; and Abigail Kubin, a
student at Briarhill Middle School.
Ms. Fleming announced that the following winning students were selected to have their artwork
used on the Lions Club Balloon Festival posters this year:
 5th Place Tie Rhea Chacko, a 3rd grade student at Highland Village Elementary
Caitlin Reimer, a 7th grade student at Briarhill Middle School
 4th Place Tie Alexa Carson, a 4th grade student at Heritage Elementary
Emily Yorn, a 6th grade student at Briarhill Middle School
rd
 3 Place
Helen Campos, a 4th grade student at Heritage Elementary
nd
 2 Place
Mahi Athota, a 6th grade student at Briarhill Middle School
st
 1 Place
Cathryn Hymes, a 5th grade student at McAuliffe Elementary
Ms. Fleming invited everyone to attend the Highland Village Lions Club Balloon Festival to be
held August 14th – 16th at Unity Park. Visit www.lionsballoonfest.com for details and the
schedule of events for the weekend.
Council congratulated the contest winners and participants.
winners with Mayor Wilcox.

Page 3 of 7
Proclamation – National Baton Twirling Week
Photos were taken of all the
Mayor Wilcox honored Texas Champion baton twirler Chailie Alsaffar and presented her with
a proclamation recognizing July 19-25 as Baton Twirling Week in Highland Village. Ms.
Alsaffar, a Highland Village resident and freshman at Marcus High School, will be representing
Texas at the National Baton Twirling Association competition at the University of Notre Dame
celebration for the 50th Anniversary of America’s Youth on Parade. Council congratulated Ms.
Alsaffar and wished her luck in her upcoming competition.

Ceremonial Swearing-In of Officer Marcela Rodriguez
Police Chief Reim announced that the Highland Village Police Department would be
establishing an Online Safe Trading Zone at the Municipal Complex.
Chief Reim administered the ceremonial swearing in of Officer Marcela Rodriguez, the newest
addition to the Highland Village Police Department. He offered congratulations and encouraged
everyone to please welcome her when you see her out in the community.
10.
City Manager/Staff Reports

HVTV Update
The latest video report from HVTV News was shown. This report included information on the
following:
 Boards and Commissions Applications Being Accepted – The City Secretary’s office is
accepting applications from interested citizens who would like to volunteer their time to
the City to serve on advisory groups for Council and staff – all volunteers must be
residents of Highland Village and qualified voters – all applications are considered by
City Council when they make their annual appointments in September – applications
are available on the City website, www.highlandvillage.org and must be returned to the
City Secretary by July 31, 2015.
 HVBA Business Spotlight – Scott Geer with Tree Shepherds of Highland Village was the
featured business and provided information regarding services offered – visit
www.thehvba.com for information regarding Highland Village businesses.
More information on all City events can be obtained by visiting the City’s website
www.highlandvillage.org.
CONSENT AGENDA
11.
Consider Approval of Minutes of a Regular Meeting Held on June 23, 2015
12.
Consider Resolution 2015-2572 Nominating One Member to the Board of
Managers of the Denco Area 9-1-1 District
13.
Receive Budget Report for Period Ending May 31, 2015
COUNCILMEMBER MCGEE MOVED TO APPROVE THE CONSENT AGENDA. DEPUTY MAYOR PRO TEM
MEEK SECONDED THE MOTION.
Motion to approve carried 7-0.
Page 4 of 7
ACTION AGENDA
14.
Take action, if any, on matters discussed in closed session in accordance with the
following sections of the Texas Government Code:
A.
NO ACTION TAKEN
15.
Conduct Public Hearing and Consider Ordinance 2015-1180 for Proposed
Amendments to the Development Regulations and Site Plan Applicable to Lot 1B,
Block 1, The Marketplace at Highland Village, Including, But Not Limited to the
Sign Regulations in Ordinance 03-906, Exhibit D, Signage Criteria and Consider an
Application for a Site Plan for the Marketplace at Highland Village Applicable to
Said Property (This item was continued from the Council meeting held on June 23, 2015) (first of
two reads)
PUBLIC HEARING CONTINUED
APPROVED 1ST READ
Public Works Director Kriston summarized the item for Council. He advised that this item was
continued from the previous Council meeting.
Mr. Kriston explained that this item is to consider a site plan for a Murphy Oil gas station at The
Marketplace at Highland Village. He advised that a fuel station was approved with the 2005 site
plan for The Marketplace and in March 2015 a replat of the Wal-Mart property was approved
separating the lot for a Murphy Oil gas station. Mr. Kriston explained the submitted site plan
which includes building elevations, signage, lighting and landscape plans.
Mayor Wilcox advised that Council has received copies of an email from Deedee Ricketts, the
Chair of the Planning and Zoning Commission regarding this item.
Mayor Wilcox continued the public hearing from the June 23, 2015 Council meeting.
There being no one wishing to speak, Mayor Wilcox closed the public hearing.
In answer to questions from Council, Mr. Eric Wilhite, with Greenberg Farrow, representing
Murphy Oil, provided the following information:
 The Murphy Oil gas station would be located on the south side of the Wal-Mart parking
area;
 Regular, premium, diesel, and ethanol fuels would be provided;
 Underground storage tanks would have a 40,000 gallon capacity;
 Refueling tankers would deliver once every day or two depending on sales;
 Changeable message boards would be for pricing only;
 Trash enclosures and other outlying structures would be brick only;
 Red areas around the entry doors could be made smaller; and
 Construction would start in January 2016 and take about three months to complete.
COUNCILMEMBER BUSCHE MOVED TO APPROVE THE FIRST READ OF ORDINANCE 2015-1180 WITH
18” RED WRAP BANDS AROUND THE DOORS. COUNCILMEMBER MCGEE SECONDED THE MOTION.
Page 5 of 7
Motion to approve carried 7-0.
16.
Consider Resolution 2015-2571 Authorizing Negotiation and Execution of a
Parking Easement Agreement with KSW Holding Highland Village, L.P. to
Provide Overflow Parking for Unity Park on a 0.433 Acre Portion of Lot 1,
Celebrations Village Center, Highland Village, Texas
APPROVED
Public Works Director Kriston summarized the item for Council. He advised that this item is to
establish an easement agreement with KSW Holding Highland Village, L.P. to provide for
overflow parking for Unity Park at Celebrations Village Center. Mr. Kriston explained that the
owner of Lot 1 of Celebrations Village Center is redeveloping what was known as Celebrations
Event Center as Hidden Pines Wedding Chapel which would include a chapel for weddings,
wedding receptions and similar events. He advised that the site plan approval for the addition of
the chapel required an additional forty off-street parking spaces in a location adjacent to Unity
Park. Mr. Kriston explained that since those parking spaces would only be used during highly
attended events at Hidden Pines, the owner has offered an easement to the City to allow
parking for Unity Park in exchange for the City’s agreement to pay for a portion of the
construction costs of the new parking spaces. He advised that since Unity Park is a popular
destination for tournaments and special events, the additional parking spaces would
accommodate peak use times for these events.
In answer to concerns raised by Council regarding the high cost incurred by the City to provide
parking spaces that would only be available for City usage during limited time periods, City
Manager Leavitt advised that the agreement includes a buy-out clause if Hidden Pines
determines that there is a need to have full possession of the forty parking spaces.
COUNCILMEMBER BUSCHE MOVED TO APPROVE RESOLUTION
SECONDED THE MOTION.
2015-2571. COUNCILMEMBER MCGEE
Motion to approve carried 5-2, with Councilmembers Lombardo and Coon voting in opposition.
LATE WORK SESSION
17.
Status Reports on Current Projects and Discussion on Future Agenda Items

35Express Update
City Manager Leavitt provided the following update regarding the 35Express Project:
 Crews have completed beam placement for the new southern portion of the Garden
Ridge Boulevard bridge. Work will now focus on placing the deck for the new part of the
structure. Crews expect to shift traffic over to the new pavement this fall and will begin
work on the northern half of the bridge shortly after.
 The new detour near the eastern end of Garden Ridge Boulevard and the DCTA station
is expected to be in place by mid-July. Instead of travelling underneath the Garden
Ridge bridge, traffic will now flow around the structure as crews continue work on the
reconfiguration of the intersection.
 Beam placement for the Lewisville Lake bridge is scheduled to resume in July. Crews
continue to place panels for the deck of the bridge over the lake. Last weekend and for
Page 6 of 7
a short period of time on Monday the contractor closed the Garden Ridge exit and the
frontage road during the day as they placed beams on the bridge. 35Express PIO
contacted us and informed us this was not authorized and all beam placements will take
place during the overnight hours in the future. The Garden Ridge exit will not close
during the day for beam placement.
In answer to questions from Council, City Manager Leavitt advised that the City experienced no
major infrastructure failures due to the recent flooding with wastewater flows returning to
normal. He explained that sandbag removal along Highland Village Road would soon be done
by the Marcus High School football players. Mr. Leavitt advised that FM 407 is scheduled to be
open under I35E within six to eight months.
In answer to questions from Council, Public Works Director Kriston advised that the City’s
mosquito abatement program is well underway with spraying being done in creek areas,
wooded areas, and along the trails resulting in a significant reduction in population lately. He
explained that the permanent solution to the major culvert failure in the Canyon Creek area is
under design and will go out for bids in the fall.
In answer to questions from Council regarding what’s happening at the corner of FM 407 and
Briarhill Boulevard, Mr. Leavitt advised that DATCU should be opening very soon. He explained
that work at The District of Highland Village is behind schedule and that the City has sent a
letter to the owners advising that they are in violation of Ordinance No. 2012-1132. Mr. Leavitt
advised that the Certificate of Occupancy for Building 2 should be issued within seven to ten
days, but Building 3 and Building 1 are currently in violation of the ordinance requirements. He
explained that as of today, the City has not received a response from the owners of The District
of Highland Village.
18.
Adjournment
Mayor Wilcox adjourned the meeting at 8:46 p.m.
___________________________
Charlotte J. Wilcox, Mayor
ATTEST:
_______________________________
Page 7 of 7
COUNCIL BRIEFING
AGENDA# 12
SUBJECT:
MEETING DATE:
7/28/15
Consider Minutes of the July 14, 2015 Special Council Meeting
PREPARED BY:
BACKGROUND
Minutes are approved by majority vote of Council at the Council meetings and listed on the
Consent Agenda.
IDENTIFIED NEED/S:
Council is encouraged to call the City Secretary Department prior to the meeting with
suggested changes. Upon doing so, the staff will make suggested changes and the minutes
may be left on the Consent Agenda in order to contribute to a time efficient meeting. If the
change is substantial in nature, a copy of the suggested change will be provided to Council
for consideration prior to the vote.
OPTIONS & RESULTS:
The City Council should review and consider approval of the minutes. Council’s vote and
approval of the minutes reflect agreement with the accuracy of the minutes.
The City Manager has reviewed the minutes and given approval to include the minutes in this
packet.
N/A
RECOMMENDATION:
To approve the July 14, 2015 Special Council Meeting minutes.
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF HIGHLAND VILLAGE, TEXAS
HELD IN THE MUNICIPAL COMPLEX, 1000 HIGHLAND VILLAGE ROAD
TUESDAY, JULY 14, 2015
The City Council of the City of Highland Village, Texas met in a special meeting on the
14th day of July, 2015 at 1:30 p.m.
1.
Call to Order
Mayor Wilcox called the meeting to order July 14, 2015 at 1:30 p.m.
Roll Call
Present:
Charlotte Wilcox
Michelle Schwolert
William Meek
Mike Lombardo
Fred Busche
John McGee
Mayor
Mayor Pro Tem
Deputy Mayor Pro Tem (present at 1:45 p.m.)
Councilmember
Councilmember
Councilmember
Absent:
Patrick Coon
Councilmember
Staff Members:
Michael Leavitt
Diane A. Callahan
Ken Heerman
Martha Butz
Jana Onstead
Scott Kriston
Linda Cornelius
Doug Reim
John Glover
Jason Collier
Brad Goudie
Sunny Lindsey
City Manager
City Secretary
Human Resources Director
Assistant Human Resources Director
Public Works Director
Parks and Recreation Director
Police Chief
Fire Chief
Assistant Fire Chief
Assistant Fire Chief
GIS Applications and Development
Administrator
Public Affairs Manager
Senior Accountant
Senior A/V Technician
Laurie Mullens
Barre Adad
Andrew Boyd
2.
Conduct General Fund Budget Workshop for Fiscal Year 2015-2016
City Manager Leavitt advised that the general outlook is good and the City is in a good
position going into Fiscal Year 2015-2016. He explained that health care costs for the
City will only be increasing by 5% and that a 3% adjustment for employee general and
merit increases is included in next year’s budget. Mr. Leavitt advised that all
supplemental requests for this year could also be funded.
Assistant City Manager Heerman started the Fiscal Year 2015-2016 General Fund
Budget discussion by presenting an overview of the Fiscal Year 2014-2015 General
Fund Budget including the year-end projection estimates. He advised that projected
revenues included the transfer of remaining bond proceeds from the Capital Projects
Fund to use for the Sellmeyer Road Project. Mr. Heerman explained that increased
CITY COUNCIL SPECIAL MEETING MINUTES, JULY 14, 2015
expenditures were related to the fuel costs and the Sellmeyer Road Project. He advised
that the City would be ending the fiscal year 2014-2015 with a 28% fund balance.
Assistant City Manager Heerman provided General Fund trend analysis from Fiscal Year
2007-2008 through the Fiscal Year 2014-2015. He advised that personnel has remained
constant at 67% of the budget, that supplies and services have risen slightly during the
time period, and that capital projects have varied over the years. Mr. Heerman
explained that personnel costs always drive the rise in the annual budget, with
healthcare being an unknown factor each year.
Mr. Heerman provided information related to the City’s infrastructure costs. He advised
that the City maintains 4 buildings, 200 miles of roadways, 318 acres of parks, 12 miles
of trails, 98 miles water lines, and 98 miles of sewer lines. Mr. Heerman explained that
replacement costs continue to rise each year and that the City plans for long term cost
increases by identifying infrastructure replacement needs and sources of funding.
Mr. Heerman advised that property tax, sales tax, and franchise fees have composed
90% of the City revenues over the last eight years. He explained that over that time
period the City has maintained a General Fund balance at or above 20%, keeping in line
with the City’s financial policies.
Assistant City Manager Heerman advised that the Fiscal Year 2015-2016 General Fund
Budget is being developed with the continued focus on providing the highest quality
service in the most efficient, cost effective and courteous manner possible. He
explained that there is no tax rate increase proposed with the budget, and that growth in
property tax assessed valuation, based on information from the Denton County
Appraisal District, is projected at 6%.
Mr. Heerman presented a review of one of Council’s identified primary upcoming budget
issues, the review and re-organization of the City’s IT strategy. He advised that per
Council direction this was accomplished with a limited scope review through the use of
the following established ongoing City partners: Gradient Solutions performed an
internal audit with confirmation from Ray Associates looking at personnel services. Mr.
Heerman explained that the City looked at outsourcing IT services, but concluded that
we need employees with a commitment to the City and accumulated knowledge and
experience of the wide array of systems we use to provide the level of service that we
need. There is a place for targeted outsourcing opportunities and those have
accordingly been included in the proposed budget.
Mr. Heerman shared the following information related to IT services obtained by having
Gradient Solutions perform a high-level IT business assessment:
 Project Objectives
 Assess current state of the information technology and GIS functions
 Develop recommendations for improving:
 Customer service
 Effectiveness
 Communication
 Help the new IT organization to align itself with City department strategies
 Scope of Work and Approach
 Interviews to assess IT business operations, IT customer service, and the
overall effectiveness of the IT Department (The scope did not include an
assessment of security, hardware sufficiency, staffing or personnel,
Page 2 of 6





business continuity management, disaster recovery, or network
capabilities)
 Electronic IT survey, which was reviewed with and validated by the IT
Department team in an internal work session
 Interviews with IT employees and department managers throughout the
City
 Review key documents and data items including policies, procedures,
organizational charts, and similar items
Assessment Overview Related to Strategy, Software, Data Center, Help Desk,
Asset Management, Organizational Design, Project Management, and Customer
Service
Customer Service Impacts
 Use of helpdesk software is a key performance improvement opportunity
 Dedicated helpdesk team will evolve
 IT governance ensures alignment with departmental needs and City
budget
 Some outsourcing will be necessary
 Clarity on roles for IT and departments is a key communication
improvement opportunity
Next Steps in the Journey
 We have already begun to implement some of the recommendations
 Strategic near-term plan to align with department goals and
budget
 Asset inventory
 Data Center improvements
 Organizational changes
 Project management discipline and transparency
 Help desk
 We are prioritizing recommendations
 Recommendations will be transitioned to a multi-year plan to be
completed in early FY 2016
 New policies and guidelines will be developed
 Departmental feedback is critical to aligning IT strategy and performance
to meet departments’ needs
Top Near-term Goals for IT
 Data Center and infrastructure stability
 Organization design, define jobs and roles, increase training and cross
training- e.g., phones
 Create departmental policies and procedures - e.g., new equipment
procedure
 Open master project list and help desk for increased transparency and
communication
 More FAQ, help sheets, and end user training- e.g., intranet
 Desktop and hardware replacement schedule- already begun 5yr
Proposed IT Organizational Design for 2016
 Form an IT Department with an Information Services Director
 Have a Network Manager to oversee a new GIS Tech, a new Network
Support Tech, and a GIS/IT Specialist
 Have a Systems Administrator to oversee a Part-time IS Intern
 All can be funded with little additional costs by merging the City Manager
and Finance Administrative Assistant positions (effectively eliminating one
position) and eliminating the current Part-time GIS Technician
Page 3 of 6
Council took a break from 2:35 p.m. to 2:45 p.m. and resumed with the same members
present.
Assistant City Manager Heerman shared the following information related to other
primary budget issues:
 Integrated Computer Systems (ICS) Computer Aided Dispatch and Records
Management System (CAD/RMS) System Software – Propose going to an
Integrated Dispatch “Regional System” which includes Flower Mound with the
potential addition of Lewisville and Denton County – will require a recurring
software maintenance plan
 Radio System – Propose installation of antenna repeater on a water tower in
Highland Village to correct reception issues, connection to the Denton County
system, and update dispatch consoles to meet P25 Phase II standards – will
require annual system maintenance and upgrades
 Overlay Highland Village Road – From Brazos Boulevard to the KCS Railroad
track north of FM 407
Mr. Heerman and the Department Directors provided information related to the following
proposed Fiscal Year 2015-2016 Budget Ongoing Expenditures Supplemental Items:
 Finance Department – Seamless Gov software used to generate digital forms for
both internal and external customers
 Maintenance Department – ALLDATA Auto Repair online training and support
 Human Resources Department – Implement Retiree Heath Savings (RHS)
program with annual City contribution
 IT Department – Offsite Cloud backup service; addition of a Network Support
Technician Position; and addition of a GIS Technician Position related to
elimination of the Part-time GIS position
 Police Department – Addition of two additional Police Officers (if funding is
available from an alternate source)
Mr. Heerman and the Department Directors provided information related to the following
proposed Fiscal Year 2015-2016 Budget One-time Expenditures Supplemental Items:
 Maintenance Department – Purchase of a used bucket truck to alleviate the need
for renting multiple time throughout the year; sheetrock repair and repainting of
City Hall and the Police Department; and purchase of a storage container to
store materials until they can be disposed of or recycled
 Streets Department – Replace sections of screening walls on FM 2499
 Parks Department – Design fees associated with the development of Sunset
Point Park, a mini park serving local residents and providing lake access to Lake
Lewisville
 Fire Department – Lift-assist ambulance cot to handle the weight of the patient
and medical equipment, while reducing the risk of back injury to Firefighters and
Paramedics
 Police Department – Purchase of 21 additional Tasers to be issued to each
individual Police Officer; replacement of existing VieVu cameras with newer
technology (year 1 of 3); addition of 5 patrol rifles and replacement slings;
purchase of a spare handgun for replacement and/or repair needs; purchase of 2
personal transportation devices for use on the City Trail System; and one-time
expenditure associated with the 2 additional Police Officer positions – vehicle,
radios, laptops, uniforms, and supplies (if funding is available from an alternate
source)
Page 4 of 6

Police and Fire Departments – Replacement of 18 mobile vehicle routers (13 for
the Police Department and 5 for the Fire Department) with new technology to
improve connectivity and provide GPS capability
Council took a break from 4:30 p.m. to 4:40 p.m. and resumed with the same members
present.
Assistant City Manager Heerman advised that with the proposed additional personnel –
2 Police Officers (if funding is available from an alternate source), a Network Support
Technician, and a GIS Technician (through the elimination of the Finance Administrative
Assistant merge with the City Manager Administrative Assistant) – the total City
personnel numbers would rise from 147 to 150 employees.
Mr. Heerman provided Council with information regarding the Fiscal Year 2015-2016
General Fund Budget revenues and expenditures. He advised that projections are for
property tax to increase by 6%, sales tax to increase by 3%, and franchise fees to
increase by 2%. Mr. Heerman explained that increases are expected in licensing and
permit fees as Wichita Estates begins to develop.
Regarding expenditures, Mr. Heerman explained that Public Safety is prominent in the
budget this year, with items included to provide efficiency and accuracy in response and
service delivery. He advised that although requiring a substantial investment, the new
radio system is expected to greatly enhance reception and would be designed to provide
regional interoperability. Mr. Heerman explained that the formation of the new IT
Department is also a key component of the Fiscal Year 2015-2016 budget. He advised
that the Highland Village Road Overlay Project would complete the work begun in the
Fiscal Year 2013-2014 budget when the northern section of Highland Village Road was
addressed.
Mr. Heerman advised that capital equipment expenditures in the Fiscal Year 2015-2016
budget include: IT datacenter hardware; a Ford f-450 ambulance and AED replacement
for the Fire Department; two mowers to for the Parks Department; and a Ford f-250 truck
for the Streets Department. He explained that capital equipment supplemental
replacement expenditures include: dispatch console replacement, CAD/RMS software
replacement, vehicle for new officer, and personal transportation devices for the Police
Department; load system for ambulance for the Fire Department; screening wall on FM
2499 for the Streets Department; and a used bucket truck and storage container for the
Maintenance Department.
Assistant City Manager Heerman provided Council with the five year forecast. He
explained that property tax assessed valuations are projected to level off after Fiscal
Year 2016-2017 and that 60% of the City’s sales tax revenues come from the FM 2499
area. Mr. Heerman advised that only two years of possible payout remain related to the
Chapter 380 agreement with The Shops at Highland Village, but it appears that the
threshold for those payouts may not be met. He explained that expenditures related to
personnel continue to drive annual increases, with insurance always being an unknown
factor.
Mr. Heerman advised that the City’s financial policy is to keep a minimum fund balance
of fifteen percent on hand each fiscal year; however, the City prefers to maintain a
twenty percent or higher fund balance. He explained that the City would continue to
operate with a conservative approach. Mr. Heerman informed Council that the City is
able to fund the General Fund and Supplemental Budget with no tax rate increase to
Page 5 of 6
residents. He explained that this can be accomplished due to additional property tax
revenues resulting from increased assessed valuation, coupled with a strong fund
balance position. Mr. Heerman advised that proposed short-term financing for the Public
Safety and Street Improvement capital items would allow the costs for these projects to
be leveled over several years which, in turn, would enable the City to maintain
necessary fund balance levels throughout the projected five-year budget outlook.
City Manager Leavitt provided information to Council regarding expected Fiscal Year
2015-2016 Departmental budgets. He advised that budget discussions would continue
throughout the summer.
Council discussed the need to address possible budget impacts related to establishing a
second Fire Station on the western side of the City along FM 2499 to improve response
times for that area. The consensus of Council was to place an item on an upcoming
Council meeting agenda to further discuss EMS response times throughout the City.
3.
Adjournment
Mayor Wilcox adjourned the meeting at 5:31 p.m.
____________________________
ATTEST:
_______________________________
Page 6 of 6
CITY COUNCIL
AGENDA# 13
SUBJECT:
MEETING DATE:
07/28/15
Consider an Ordinance 2015-1180 for Proposed Amendments
to the Development Regulations and Site Plan Applicable to
Lot 1B, Block 1, The Marketplace at Highland Village,
Including, but not limited to, the Sign Regulations in Ordinance
No. 03-906, Exhibit D, Signage Criteria, and Review and
Consider an Application for a Site Plan for the Marketplace at
Highland Village Applicable to Said Property (second and final read)
PREPARED BY:
Autumn Aman – Community Development Coordinator
BACKGROUND
The City has received an application from Greenberg Farrow, on behalf of the property owner,
Murphy Oil, Inc., requesting to amend the development regulations of the Marketplace
Overlay Ordinance relating to the property to be developed for a future Murphy Oil gas
station.
The requested amendments related to regulations governing:
 Foundations Plantings
 Signage locations, design, size, dimensions and number to be placed on the property
 Off-street stacking requirement
 Outside storage
The City has also received an application for review and consideration of the Site Plan for the
proposed Murphy Oil gas station.
The Site Plan package includes the site plan, building elevations, signage, lighting plan, and
landscape plans.
History of this Site:
When the original site plan for The Marketplace was approved in 2005, a site plan was
approved for a fuel station. However, per Section 11.2 of the Comprehensive Zoning
Ordinance, if development of a lot with an approved site plan has not commenced within one
year of the date of final approval, the site plan shall be deemed to have expired.
In March, 2015, a replat of the Wal-Mart property into two lots to allow for the future Murphy
Oil gas station was approved.
IDENTIFIED NEED/S:
Public hearings are required at both Planning and Zoning Commission and City Council. All
public hearing notifications requirements have been met. .
OPTIONS & RESULTS:
Options are to (1) approve the requests as submitted and recommended by the Planning and
Zoning Commission, (2) approve with modifications, or (3) deny the request. The Council
may also postpone any action in order to receive any additional information which it requests
be presented.
As of this date of preparation of this briefing, June 17, 2015, staff has received (1) email only
inquiring about to nature of the request.
At the June 16, 2015, Planning and Zoning Commission meeting, the Commission reviewed
and considered the request for amending the development regulations and site plan, the
Commission voted (3-0) in favor of recommending to the City Council approval of the
proposed amendments as noted in the Draft Ordinance and Site Plan with the following
modifications:
Draft Ordinance:
1. Section 2; paragraph B – that the applicant reviews the requirement on foundation
plantings to see if possibly some plantings could be placed on the North side of the
building that is not covered by the canopy.
Site Plan:
1. City Staff to review if the DCTA signage that was once on the property needed to be
replaced.
2. The applicant to add a “No “U” Turn Sign” at the Southern side of Marketplace Lane.
3. Relocate the handicap space that is next to the dumpster to the far left of the parking
spaces.
4. Use stone instead of brick on the pillars and place stone on the building all the way to
the top of the building, removing the ‘brushed aluminum”.
5. Make sure the trash, air-vac. unit, propane, and ice enclosures match the building,
using stone.
6. Add the total quantity of (4) spanner signs to the colored elevations.
7. Reduce the “red” on the building so that it is just an accent around the (2) entry doors.
8. Correct the signage on the colored building elevations so that it matches the sign
location on the site plan.
9. On the upper canopy, remove the ‘brushed aluminum” and make the full canopy
“dormer brown”.
On June 17, 2015, Staff had been contacted by the applicant’s representative, Eric Wilhite,
with Greenberg Farrow, requesting that their application be tabled to the next Council meeting
to be held on July 14, 2015. This would allow the applicant more time to revise their
elevations/renderings with the recommendations made by Planning and Zoning.
At the July 23, 2015, City Council meeting, City Council called the item on the agenda,
opened the Public Hearing, and moved to continue the Public Hearing to the July 14, 2015,
city council meeting, public comment would be received.
Council held a public hearing and approved first read of this ordinance at their regular meeting
held on July 14, 2015.
An amendment to the Ordinance is required. A copy of the draft ordinance prepared by the
City Attorney is attached.
RECOMMENDATION:
Approve second read of Ordinance 2015-1180.
ORDINANCE NO. 2015-1180
AN ORDINANCE OF THE CITY OF HIGHLAND VILLAGE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING DISTRICT MAP
OF THE CITY OF HIGHLAND VILLAGE AS PREVIOUSLY AMENDED, BY
AMENDING THE REGULATIONS APPLICABLE TO LOT 1B, BLOCK 1,
MARKETPLACE AT HIGHLAND VILLAGE (COMMONLY KNOWN AS 100
MARKETPLACE LANE), SAID PROPERTY BEING LOCATED IN AND
SUBJECT TO THE DEVELOPMENT AND USE REGULATIONS OF THE
MARKETPLACE PLANNED DEVELOPMENT DISTRICT; ADOPTING A
DETAILED SITE PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR NO VESTED INTEREST; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Highland
Village, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of
Highland Village, Texas, have given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the property owners generally and to
all persons interested and situated in the affected area, and in the vicinity thereof, and in the
exercise of its legislative discretion, the City Council has concluded that the Comprehensive Zoning
Ordinance and Zoning District Map of the City of Highland Village, Texas, as previously amended,
should be further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HIGHLAND
VILLAGE, TEXAS, THAT:
SECTION 1. The Comprehensive Zoning Ordinance and Zoning District Map of the City of
Highland Village, Texas, as amended, by amending in accordance with Section Two of this
Ordinance the regulations relating to the use and development of the property described as Lot 1B,
Block 1, Marketplace at Highland Village, an addition the City of Highland Village, Texas, according
to the plat filed as Document No. 2015-147, Plat Records, Denton County, Texas (“the Property”),
and being located in, and subject to, the development and use regulations of The Marketplace
Planned Development District (MPD-R), as amended.
SECTION 2. The Property shall be developed in accordance with the development and use
regulations of The Marketplace Planned Development District (MPD-R), as amended, subject to
the following:
A.
The Property shall be developed in accordance with the Site Plan attached hereto as
Exhibit “A” and incorporated herein by reference (“the Site Plan”).
B.
Notwithstanding Section 8.c.1(n) of Exhibit A to Ordinance No. 03-906, foundation
plantings shall not be required around the structures constructed beneath the canopy
shown on the Site Plan.
C.
The location, design, size, and number of signs placed or installed on the Property shall
be subject to and governed by the use and development regulations of The Marketplace
Planned Development District as set forth in Exhibit D titled “Signage Criteria” adopted
pursuant to Ordinance No. 05-969 except as follows:
(1)
Notwithstanding Exhibit C-2 and Exhibit D to Ordinance No. 05-969 to the
contrary or any contrary provision of the Comprehensive Zoning Ordinance, as
amended, if the Property is developed for the location of a Fuel Service use and
associated convenience store, the location, design, size, dimensions and number
of signs to be placed on the Property, including, but not limited to, any wall signs,
canopy signs, and monument signs, shall be substantially as shown on Exhibit
“B,” attached hereto and incorporated herein by reference;
(2)
Under no circumstances shall the dimensions of signs located on the Property
exceed the dimensions shown on Exhibit “B,” hereto;
(3)
The monument signs and canopy signs shown on Exhibit “B” indicating fuel
prices may be designed to be back-lit and electronically changeable, but shall not
flash or change characters less often than once every sixty (60) minutes; and
(4)
In addition to the location of monument signs shown on Figure 12 in Exhibit D to
Ordinance No. 05-969, monument signs complying with the design set forth in
Exhibit “B” hereto may be located at the locations shown on the Site Plan.
D.
If the Property is developed and used as a Fuel Service station in accordance with the
Site Plan, the Property is not required to be designed to provide for the off-street
stacking requirements set forth in Section 31.3.J.5. of the Comprehensive Zoning
Ordinance, as amended.
E.
Notwithstanding Section 5.a.3.(f) of Exhibit A to Ordinance No. 03-906, outside storage
areas for propane tanks for home use, ice bag bins containing ice for retail sale, and
compressed air/vacuum machines shall be located as shown on the Site Plan and shall
be screened with a masonry screening wall in similar in manner as the trash receptacle
screening except that no gates shall be required to be installed as long as the openings
to such areas are facing away from the adjacent public street or public access drive.
SECTION 3. All ordinances of the City of Highland Village related to the use and development
of the Property heretofore adopted and in effect upon the effective date of this Ordinance are
and shall remain in full force and effect except to the extent amended by this Ordinance or to
the extent there is an irreconcilable conflict between the provisions of said other ordinance and
the provisions of this Ordinance, in which case the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of
this Ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged
or held to be void or unconstitutional, the same shall not affect the validity of the remaining
portions of said Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, which
shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning
Ordinance as previously amended, and upon conviction shall be punished by a fine not to exceed
the sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 7. No person or entity shall acquire any vested interest in this Ordinance or any
specific regulations contained herein. This Ordinance and any regulations may be amended or
repealed by the City Council of the City of Highland Village, Texas, in the manner provided by
law.
SECTION 8. This ordinance shall take effect immediately from and after its passage on Second
Reading and publication of the caption in accordance with the provisions of the Charter of the City
of Highland Village, and it is accordingly so ordained.
FIRST READ ON THE _____ DAY OF ______________, 2015, BY THE CITY COUNCIL OF
THE CITY OF HIGHLAND VILLAGE, TEXAS.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HIGHLAND VILLAGE,
TEXAS, ON SECOND READING ON THIS THE ______ DAY OF ________________, 2015.
APPROVED:
_______________________________
Charlotte J. Wilcox Mayor
ATTEST:
____________________________
APPROVED AS TO FORM AND LEGALITY:
_____________________________
Kevin B. Laughlin, City Attorney
(kbl:6/11/15:71829)
Ordinance No. 2015-1180
Exhibit “A”
Murphy Oil Site Plan
Exhibit “B”
Murphy Oil Sign Plan
COUNCIL BRIEFING
AGENDA# 14
SUBJECT:
PREPARED BY:
MEETING DATE:
07/28/15
Consider Resolution 2015-2573 Authorizing the City Manager to
Execute an Amendment to the Professional Services Agreement
with Mission Critical Partners, Inc. for Public Safety
Communications and Dispatch System Assessment
Michael Leavitt - Ken Heerman - Doug Reim
BACKGROUND
Information Technology has become a critical element throughout virtually all departments
and services provided by the City. The City has embraced technology and achieved
tremendous value in multiple areas, but also with accompanying burden of keeping pace with
numerous disciplines, maintenance, compatibility, obsolescence, etc. Both Staff and Council
have recognized the need to have an assessment of our full scope of technology related
services and develop a roadmap for the future to ensure we have the resources needed for
success.
IDENTIFIED NEED/S:
From the City Council Planning Session on October 25, 2014 a primary objective stated by
Council:

Continue to explore options to address deficits in Public Safety – especially
around dispatch, radios, and technology
OPTIONS & RESULTS:
Step number one for Staff was to seek technology experts with ability to provide assessment
of current public safety communication technology and to also provide recommendations for
steps forward – both to maintain the established foundation and to build on it in a cost
effective manner.
MissionCriticalPartners – This group provides specialized expertise in all aspects of Public
Safety. Initial consideration is related to a Public Safety radio systems assessment. MCP
has completed our “Radio System Assessment and Recommendations”; a copy of their
report has been provided for your review.
City staff has made the determination based on the MCP report “Radio System Assessment
and Recommendations”, to move forward with the procurement of a new radio system and to
replace the existing dispatch console system. We have requested MCP to provide the
addition of a new task to provide support for the procurement and implementation of the
radio system and dispatch console system. We have also identified the need to replace the
dispatch workstation console furniture in the communication center. MCP will also provide,
under this agreement, support to the City by conducting research and presenting
recommendations for the procurement of appropriate console work stations. MCP will assist
in the selection and configuration of the work station components, support contract
negotiation with the selected vendor, and oversee the installation of the console furniture.
City staff has identified the need to modify the current scope of work (SOW) in Phase II in
order to move forward with the procurement of a new computer aided dispatch and police
records management system (CAD/RMS) through a specific vendor. The proposed system
is intended to provide enhanced interoperability and data sharing with adjacent jurisdictions
using the same CAD system. With this agreement, MCP will prepare and support the City
throughout the procurement and implementation of a new CAD/RMS. MCP proposes
replacing the current SOW under Phase II with a new Task 2.5 to provide support for the
procurement and implementation of a new CAD/RMS.
The following sections describe MCP’s proposed modifications to the SOW and cost that we
believe are necessary to implement a new radio system, dispatch radio console system,
dispatch work station consoles, and CAD/RMS.
The original project amount with MCP was approved under Resolution 2015-2553 not to
exceed $147,618.00; however, the City Manager was authorized on March 10, 2015 under
that resolution to provide a notice to proceed for only the amended Phase I relating to the
Radio System Assessment not to exceed $31,061.00. That phase and report is now
complete. This resolution, which will provide an amendment to Resolution 2015-2553, is for
the Support, Procurement and Implementation of Radio System Repeater Site, Dispatch
Console System and a new computer aided dispatch and police records management
system (CAD/RMS) through a specific vendor, for an additional fee of $55,184.00 and for a
total fee amount not to exceed $86,245.00.
RECOMMENDATION:
Approve Amendment Resolution 2015-2573.
RESOLUTION NO. 2015-2573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
VILLAGE, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
MISSION
CRITICAL
PARTNERS,
INC.
FOR
PUBLIC
SAFETY
COMMUNCATIONS AND DISPATCH SYSTEM ASSESSMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City, along with other cities, presently uses the 800mHz trunked radio system
owned by the City of Lewisville in providing radio communications and dispatching for the City’s
fire and police departments; and
WHEREAS, the City of Lewisville radio system is nearing the end of its useful life, requiring the
cities utilizing that system to consider other options relating to public safety communications;
and
WHEREAS, the City of Coppell, which also uses the City of Lewisville radio system, has already
joined with the Town of Addison, City of Carrollton, and City of Farmers Branch to establish a
consolidated public safety dispatch center and jointly purchase a current technology P25 Phase
II radio system; and
WHEREAS, City Administration has recommended that the City assess its current public safety
radio system and explore possible options for moving to new technologies; and
WHEREAS, pursuant to the authority of Resolution No. 2015-2553, the City Manager entered
into a professional services agreement (“the Agreement”) with Mission Critical Partners, Inc.
(“MCP”), on behalf of the City to provide professional consulting services related to the
assessment of the City’s public safety communications and dispatch system (“the Project”) for a
fee that is fair and reasonable and recommends that the first phase of such agreement be
authorized; and
WHEREAS, MCP pursuant to the first phase of the Agreement, MCP has provided its initial
assessment regarding the Project; and
WHEREAS, having reviewed and considered MCP initial report, City Administration
recommends proceeding with the next phases of the Project, with certain amendments to the
initial Scope of Work to cover tasks not originally set forth in the Agreement but identified and
necessary in the initial report; and
WHEREAS, the City Council of the City of Highland Village, Texas, finds it to be in the public
interest to concur in the foregoing recommendation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HIGHLAND VILLAGE, TEXAS, THAT:
SECTION 1. The City Manager is authorized to negotiate and sign, on behalf of the City, an
amendment to the professional services agreement with Mission Critical Partners, Inc. to
provide professional consulting services related to the Project for an amount not to exceed
$147,618.00; provided, however, the City Manager shall be authorized to provide a notice to
proceed for only the amended Phase I relating to the radio system assessment and additional
tasks for an additional fee of $55,184.00 and a total fee for Phase I not to exceed $86,245.00.
SECTION 2. This Resolution shall take effect immediately upon passage.
PASSED AND APPROVED this the 28th day of July, 2015.
APPROVED:
_______________________________
ATTEST:
____________________________
_____________________________________
(kbl:7/24/15:72613)
COUNCIL BRIEFING
AGENDA#
15
SUBJECT:
PREPARED BY:
MEETING DATE:
07/28/15
Consider Resolution 2015-2574 Granting an Easement for
Underground Electric Facilities to Denton County Electric
Cooperative, Inc. D/B/A Coserv Electric on Lot 7, Murray Addition, City
of Highland Village, Texas
Scott Kriston, Public Works Director
BACKGROUND:
In order to facilitate the provision of electric service to a new residential home to be located on
Lot 5, Murray Addition (commonly known as 230 Meadowlark Lane) and to place underground
an existing overhead electric distribution line located on City-owned park land, CoServ Electric
has requested that the City convey to CoServ a 1,292 square foot electric easement along the
boundaries of Murray Park. City staff has reviewed the proposed route of the requested
easement and has determined that the placement of the existing overhead line underground,
and the ability to connect to the new line in the future should development of Murray Park so
require, will benefit the public’s current and future use of the Murray Park.
IDENTIFIED NEED/S:
As best as can be determined, the current overhead electric facilities were existing prior to the
City’s acquisition of Murray Park but without the benefit of a recorded easement. Aside from
the need of the owner of 230 Meadowlark Lane to be able to develop the property with a source
of electricity, the City needs certainty regarding CoServ’s rights regarding the placement of
electric lines in Murray Park. The grant of the proposed easement will satisfy both the private
and public needs described.
OPTIONS & RESULTS:
Granting the proposed electric easement will limit the electric lines to a specific location at the
boundary of the Murray Park property as well result in the existing overhead lines being
replaced by underground facilities. The proposed design will also result in the location of a
transformer that will facilitate the development of the park with electricity should it be desired by
the City at some date in the future. Denying the requested easement will result in the current
conditions being maintained.
The appropriate easement documents, including a plat and legal description have been
negotiated and prepared.
None
RECOMMENDATION:
Approve Resolution 2015-2574.
RESOLUTION NO. 2015-2574
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
VILLAGE, TEXAS GRANTING AN EASEMENT FOR UNDERGROUND
ELECTRIC FACILITIES TO DENTON COUNTY ELECTRIC COOPERATIVE,
INC. D/B/A COSERV ELECTRIC ON LOT 7, MURRAY ADDITION, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Denton County Electric Cooperative, Inc. (“CoServ”) has been requested by the
owner of property described as Lot 5, Murray Addition (commonly known as 230 Meadowlark
Lane)(“the Property”) to provide electric service to a new residence being constructed on the
Property; and
WHEREAS, CoServ owns an existing overhead electric distribution line (“the Line”) located on
the City’s property known as “Murray Park” which, if extended, can be provide electric service to
the Property; and
WHEREAS, CoServ has offered to place the Line underground at no cost to the City if allowed
to extend the Line to provide service to the Property and place the Line in an easement located
along the boundaries of Murray Park; and
WHEREAS, the placement of the Line underground and the ability of the City at some future
date to received electric service from the Line are and benefit to the current and future use and
development of Murray Park; and
WHEREAS, the City Council of the City of Highland Village, Texas, finds it to be in the public
interest to approve CoServ’s request to for a grant the above described easement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HIGHLAND VILLAGE, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to sign on behalf of the City the Electric
Line Easement and Right of Way attached hereto as Exhibit “A” and incorporated herein by
reference granting to CoServ an underground electric line easement across a portion of Lot 7,
Murray Addition, an addition to the City of Highland Village, Texas, and more particularly
described in Exhibit “A” hereto.
SECTION 2. This Resolution shall become effective immediately upon passage.
TEXAS, ON THIS 28TH DAY OF July, 2015.
APPROVED:
___________________________________
ATTEST:
__________________________________
__________________________________
(kbl:7/21/15:72602)
After Recording, Return to:
Kevin W. Haney
Miller & Haney, L.L.P.
c/o 7701 South Stemmons
Corinth, Texas 76210
For CoServ Use Only:
MAP GRID:
WO NO.:
201501368
EASEMENT NO.:
SO NO.:
ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
EFFECTIVE DATE: ______________________, 2015.
GRANTOR:
CITY OF HIGHLAND VILLAGE, TEXAS, A TEXAS HOME RULE MUNICIPALITY.
GRANTOR'S MAILING ADDRESS (including county):
GRANTEE:
1000 Highland Village Road
Highland Village, Denton County, Texas 75077
DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC
7701 South Stemmons
Corinth, Denton County, Texas 76210
CONSIDERATION:
The provision of electrical service and/or other benefits inuring to GRANTOR and/or Ten and No/100's dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of some consideration deemed valuable to GRANTOR
being hereby expressly acknowledged and accepted by GRANTOR.
EASEMENT PROPERTY:
The EASEMENT PROPERTY is that certain tract or tracts of land more particularly described in the
attached Exhibit A, incorporated herein by this reference for all purposes, together with the subsurface below and air space above the tract(s)
of land.
PROJECT:
The PROJECT(s) means underground-type electric transmission and/or electric distribution line or lines, consisting of a
variable number and sizes of wires, cables, and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment
(including but not limited to supporting structures, insulators, above-ground pad-mounted transformers and equipment, and other facilities
whether made of wood, metal or other materials).
GRANT:
GRANTOR, for the CONSIDERATION received by GRANTOR, hereby grants, sells, and conveys to GRANTEE an
EASEMENT appurtenant and Right-of-Way in, upon, and across the EASEMENT PROPERTY, together with all and singular the rights
and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE'S successors and assigns forever.
PURPOSE:
The EASEMENT, right-of-way, rights, and privileges herein granted shall be used for the purpose of providing electric
utility service, constructing, placing, operating, maintaining, reconstructing, replacing, relocating, reconstituting, changing the size or nature
of, rebuilding, upgrading, expanding, removing, inspecting, patrolling, and/or repairing the PROJECT(s) or any part of the PROJECT(s),
and making connections therewith. The PURPOSE shall also include use of the EASEMENT, right-of-way, rights and privileges granted
herein for any use directly related to the PROJECT(s) or financing of the PROJECT(s), including but not limited to performing
archeological, historical, environmental, or other studies. GRANTEE shall have the right to place temporary poles, towers, anchorages,
guys, and supporting structures for use in erecting or repairing the PROJECT(s). GRANTEE shall have the right to temporarily use such
portions of the property along and adjacent to the EASEMENT PROPERTY and right-of-way as may be reasonably necessary in connection
with the PURPOSE stated, or any one or more of them relating to the PROJECT(s), or any part thereof; provided, however, that (i) such
use shall be in a manner as may be reasonably necessary in connection with the PURPOSE, and (ii) no portion of the PROJECT(s) shall be
installed outside the EASEMENT PROPERTY.
ACCESS:
GRANTEE shall have the right of pedestrian, equipment, and vehicular ingress and egress at all times upon and across
the EASEMENT PROPERTY for the above stated PURPOSE; provided, however, that GRANTEE shall make a reasonable effort to notify
GRANTOR at least two (2) business days prior to entering the EASEMENT PROPERTY to perform excavation activities, including, but
not limited to, operation of an excavator, backhoe or other excavation equipment on the EASEMENT PROPERTY. GRANTEE shall also
have the right of temporary pedestrian, equipment, and vehicular ingress and egress over existing roads across the adjacent or remainder
property of GRANTOR for the purpose of obtaining access to the EASEMENT PROPERTY. In the event that access is not reasonably
available over existing roads, GRANTEE shall have the right of temporary, reasonable pedestrian, equipment, and vehicular ingress and
egress over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing
in order to obtain access, provided such ingress and egress shall be in a manner as may be reasonably necessary in connection with the
PURPOSE.
TERM: The EASEMENT, right-of-way, rights, other privileges and access rights granted herein, as well as the covenants made herein,
shall be perpetual and appurtenant to the land, unless expressly abandoned by GRANTEE and each of GRANTEE’s licensees and/or
permitees, if any, for a continuous period of five (5) years.
TREES: GRANTEE shall have the right to cut, trim, chemically treat with herbicides, and/or remove trees, shrubs, bushes, brush and
vegetation within or adjacent to the EASEMENT PROPERTY if the growth or location of such trees, shrubs, brushes or vegetation
unreasonably interferes with GRANTEE’s use of the EASEMENT PROPERTY for the PURPOSE herein stated.
STRUCTURES: GRANTOR shall not construct or locate on the EASEMENT PROPERTY any structure, obstruction or improvement,
except that GRANTOR shall be permitted to place within the EASEMENT PROPERTY paved driveways, paved parking areas, paved
sidewalks, paved walkways, concrete curbing, and landscaping that does not unreasonably restrict or prevent GRANTEE from utilizing the
EASEMENT PROPERTY for the stated PURPOSE (collectively, the “PERMITTED IMPROVEMENTS”). Upon the request of
GRANTEE, GRANTOR promptly shall remove from the EASEMENT PROPERTY any structure, improvement, or obstruction that
GRANTEE determines in its reasonable discretion must be removed in connection with its use of the EASEMENT PROPERTY for the
stated PURPOSE; provided, however, if such structure, improvement or obstruction requested to be removed by GRANTEE is a
PERMITTED IMPROVEMENT, the cost of removal and the cost to restore and/or replace such PERMITTED IMPROVEMENT shall be
borne by GRANTEE. In all other events, the cost of removal of any structures, improvements or obstructions shall be borne by GRANTOR.
Additionally, if GRANTOR fails to promptly remove the item requested by GRANTEE, GRANTEE shall have the right to remove same
from the EASEMENT PROPERTY with the cost of removal and the cost of any subsequent restoration and/or replacement to be borne by
the applicable of GRANTOR or GRANTEE as provided above in this paragraph. Without limiting the foregoing, GRANTEE
acknowledges that GRANTOR has previously constructed one (1) or move improvements on the EASEMENT PROPERTY (the
“EXISTING IMPROVEMENT”) in the location(s) shown on Exhibit B attached hereto and incorporated herein by this reference and agrees
that the EXISTING IMPROVEMENT shall be deemed a PERMITTED IMPROVEMENT, otherwise subject to the provisions of this
paragraph.
RELOCATION OF FACILITIES: Subject to the provisions of this paragraph, GRANTOR may request that GRANTEE relocate all or
any portion of the PROJECT to a location other than the location on which it is initially constructed/installed by GRANTEE, and in such
event GRANTEE shall so relocate the PROJECT (or any portion thereof), at GRANTOR’s sole cost and expense; provided, however, that
(i) GRANTEE determines, in its sole and absolute discretion, that the location on which GRANTOR desires the PROJECT (or any portion
thereof) to be relocated (the “PROPOSED RELOCATION PROPERTY”) is acceptable to GRANTEE, (ii) that GRANTEE is able to
accomplish the proposed relocation in accordance with GRANTEE’s Tariff for Electric Service (as may be amended from time to time),
GRANTEE’s then-existing construction standards, applicable law, National Electric Code, and regulations of entities with regulatory
authority (collectively, the “RULES”), and (iii) that GRANTEE, at GRANTOR’s sole cost and expense, is provided any and all consents,
agreements and access necessary, in GRANTEE’s sole determination, to accommodate GRANTEE’s relocation of the PROJECT (or any
portion thereof) to the PROPOSED RELOCATION PROPERTY. GRANTOR hereby acknowledges and agrees that each and every
request for relocation made by GRANTOR pursuant to this paragraph shall be directed and supervised by GRANTEE in accordance with,
and at all times subject to, the RULES.
DAMAGES:
It is understood and agreed that the CONSIDERATION received by GRANTOR includes adequate compensation for
the grant of the easement, right-of-way and other rights, privileges and appurtenances contained in this instrument and any damages arising
out of GRANTEE’s lawful exercise of any PURPOSE. GRANTEE shall not be liable for damages caused by keeping the EASEMENT
PROPERTY clear of trees, undergrowth, brush, and obstructions. Notwithstanding the foregoing, GRANTEE shall repair and/or restore
the surface of the EASEMENT PROPERTY and the surface of GRANTOR’s adjacent property to substantially the same condition as
existed immediately prior to any damage thereto that is directly caused by GRANTEE’s exercise of its rights hereunder; provided, however,
that in no event shall GRANTEE have any obligation or liability to repair and/or restore any structure, obstruction or improvement located
on the EASEMENT PROPERTY that is not permitted to be located thereon in this instrument.
MINERALS:
GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR in, on, and under the EASEMENT
PROPERTY, provided that GRANTOR shall not be permitted to, and shall not allow any party to, drill or excavate for minerals on or from
the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT
PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EASEMENT PROPERTY.
GRANTOR agrees to consult with GRANTEE concerning the location of GRANTEE’s facilities in the EASEMENT PROPERTY prior to
exercising GRANTOR’s rights under this paragraph.
OWNERSHIP: GRANTOR agrees that all poles, wires, cables, circuits, appurtenances, facilities, appliances and equipment installed
upon the EASEMENT PROPERTY shall at all times remain the property of the GRANTEE and are removable at the option of the
GRANTEE, regardless of the extent to which such items are attached or affiliated to the EASEMENT PROPERTY or any improvements
2
thereon, or the extent to which removal of such items may damage such items or the EASEMENT PROPERTY or improvements located
thereon.
ASSIGNMENT AND MISCELLANEOUS: This instrument, and the terms and conditions contained herein, shall inure to the benefit of
and be binding upon GRANTEE and GRANTOR, and their respective successors, and assigns, and shall be covenants running with the
land for the benefit of GRANTEE. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term
"GRANTEE" includes the employees, authorized agents, licensees and permitees of GRANTEE. GRANTEE shall have the right to assign
this instrument, and the rights and privileges hereunder in favor of GRANTEE, in whole or in part.
WARRANTY: GRANTOR warrants and shall forever defend the EASEMENT to GRANTEE against anyone lawfully claiming or to
claim the EASEMENT or any part thereof, by, through or under GRANTOR, but not otherwise.
{Remainder of page intentionally left blank.}
3
EXECUTED as of the EFFECTIVE DATE.
GRANTOR:
By:
Michael Leavitt, City Manager
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
This instrument was acknowledged before me on this
day of
,
2015,
by Michael Leavitt, City Manager of the City of Highland Village, a Texas home rule municipality, on behalf of said municipality.
NOTARY PUBLIC, STATE OF TEXAS
GRANTEE:
DENTON COUNTY ELECTRIC
COOPERATIVE, INC.,
d/b/a COSERV ELECTRIC
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
This instrument was acknowledged before me on this
by
day of
,
2015,
,
of Denton County Electric Cooperative, Inc., d/b/a CoServ Electric, a Texas electric cooperative corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
4
EXHIBIT A
(Page 1 of 2)
EXHIBIT A
(Page 2 of 2)
CITY COUNCIL
AGENDA# 17
SUBJECT:
MEETING DATE:
07/28/15
Conduct a Public Hearing and Consider Ordinance 2015-1181
Amending the Development and Use Regulations Regarding
Masonry Requirements and Exterior Building Materials and the
Site Plan Applicable to Lot 1, Celebrations Village Center,
Highland Village, Texas, Commonly known as 2380 Nelson
Parkway located in a Planned Development – Retail (PD-R)
Zoning District and the Non-Residential Overlay Zoning
District. (first of two reads)
PREPARED BY:
Autumn Aman, Community Development Coordinator
BACKGROUND
On March 24, 2015, a site plan was approved for the property described as Lot 1,
Celebrations Village Center, City of Highland Village, Texas, commonly known as 2380
Nelson Parkway (“the Property”) (formerly known as “Celebrations”) in relation to the
proposed use and development of the Property as a wedding and special event venue. The
Property is located in a Planned Development District for Retail (PD-R) and is also subject to
the Non-Residential Overlay Zoning District Ordinance (“the Overlay Ordinance”).
As approved, the site plan for the Property provides for the red brick exterior of the existing
building to be painted a beige color with masonry paint. Painted brick is not prohibited in
either the PD-R Ordinance or the Overlay Ordinance. However, the applicant would prefer to
overlay a stucco finish onto the existing building to project a more Mediterranean old world
architectural style for the building. To compliment the proposed exterior, the applicant is also
requesting authorization to use an External Insulation Finishing System (“EIFS”) material for
the trim around the exterior windows. The amount of EFIS proposed to be used would be
less than 3% of the total exterior area of the buildings on the Property and would be limited to
window trim as shown on the proposed building elevations.
IDENTIFIED NEED/S:
While the provisions of the Comprehensive Zoning Ordinance define stucco applied in a
defined manner as being within the definition of “masonry,” the Overlay Ordinance prohibits
the use of stucco as a construction material within the Overlay District. The Overlay
Ordinance also prohibits the use of EIFS. The authorization to use stucco and EIFS is
beyond the limited authority to grant a variance from the development regulations reserved to
the City Council in the Overlay Ordinance, Therefore, an amendment to the zoning
regulations relating to the Property is required in order for the applicant to use stucco or EIFS
on the building.
OPTIONS & RESULTS:
Options are to approve as submitted, request modifications, deny or postpone for additional
information.
Public hearings are required at both Planning and Zoning Commission and City Council. All
public hearing notification requirements have been met. As of this date of preparation of this
briefing, July 23, 2015, staff has not received any inquires about the nature of the request.
At the July 21, 2015, Planning and Zoning Commission meeting, the Commission
recommended sending forward to City Council, with a vote of (5-0), approval of an
amendment to the existing development and use regulations for the Property as follows:
A.
The Property shall be developed in accordance with the Amended Site Plan as
presented (“the Site Plan”) and accompanying this Agenda Briefing.
B.
A stucco finish (cement plaster) may be applied to the brick on the exterior of the
building and the monument sign located on the Property on the effective date of the
ordinance to create a stone-type appearance of the of the building façade substantially
similar to the color, texture, and design shown on the Building Elevations
accompanying this Agenda Briefing. The stucco as applied shall not be less than a
two-coat plaster system and the minimum thickness shall be as set forth in Table
1405.2 of the 2009 International Building Code and applied in such a manner as to be
permanently adhered to the existing brick. The color of the stucco shall be Birch
Patina #1006.
C.
A foam material with stucco overlay may be installed only as trim around the exterior
of the windows and limited to the areas as shown on the Building Elevations
accompanying this Agenda Briefing, said material not to be installed on an area
exceeding 3% of the total area of the façades of the buildings on the Property.
An Ordinance amending the development and use regulations relating to the Property in
accordance with the Commission’s recommendations has been prepared by the City Attorney
and included with this Agenda Briefing. Aside from the increased ad valorem and sales tax
revenues that will be generated from the operation of a new business in what has been a
vacant property, there is no budgetary impact.
RECOMMENDATION:
The City Council conduct the required public hearing, consider the recommendation by the
Planning and Zoning Commission, and make a determination on approval of the First Read of
Ordinance No. 2015-1181.
ORDINANCE NO. 2015-1181
AMENDING THE DEVELOPMENT AND USE REGULATIONS REGARDING
MASONRY REQUIREMENTS AND EXTERIOR BUILDING MATERIALS AND
THE SITE PLAN APPLICABLE TO LOT 1, CELEBRATIONS VILLAGE CENTER,
HIGHLAND VILLAGE, TEXAS, PRESENTLY LOCATED IN A PLANNED
DEVELOPMENT – RETAIL (PD-R) ZONING DISTRICT AND THE NONRESIDENTIAL OVERLAY ZONING DISTRICT; PROVIDING FOR A CONFLICTS
RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR NO VESTED
INTEREST; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SECTION 1. The Comprehensive Zoning Ordinance and Zoning District Map of the City of
Highland Village, Texas, as amended, is hereby further amended by amending the use and
development regulations of the Planned Development – Retail (PD-R) Zoning District as set
forth in by Ordinance No. 2001-853, and the Non-Residential Overlay Zoning District, as
amended, with respect to the property described as Lot 1, Celebrations Village Center, an
addition to the City of Highland Village, Texas, according to the plat thereof recorded in Cabinet
W, Page 298, Plat Records, Denton County, Texas (“the Property”) as follows:
A.
The Property shall be developed in accordance with the Amended Site Plan attached
hereto as Exhibit “A” and incorporated herein by reference (“the Site Plan”).
B.
A stucco finish (cement plaster) may be applied to the brick on the exterior of the
building and the monument sign located on the Property on the effective date of this
ordinance to create a stone-type appearance of the building façade substantially similar
to the color, texture, and design shown on the Building Elevations attached hereto as
Exhibit “B” and incorporated herein by reference. The stucco as applied shall not be
less than a two-coat plaster system and the minimum thickness shall be as set forth in
Table 1405.2 of the 2009 International Building Code and applied in such a manner as to
be permanently adhered to the existing brick. The color of the stucco shall be Birch
Patina #1006.
C.
A foam material with stucco overlay may be installed only as trim around the exterior of
the windows and limited to the areas as shown on the Building Elevations, said material
not to be installed on an area exceeding 3% of the total area of the façades of the
buildings on the Property.
SECTION 3. All ordinances of the City of Highland Village related to the use and development
of the Property heretofore adopted and in effect upon the effective date of this Ordinance are
and shall remain in full force and effect except to the extent amended by this Ordinance or to
the extent there is an irreconcilable conflict between the provisions of said other ordinance and
the provisions of this Ordinance, in which case the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of
SECTION 5. An offense committed before the effective date of this Ordinance is governed by
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this
the sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 7. No person or entity shall acquire any vested interest in this Ordinance or any
law.
SECTION 8. This ordinance shall take effect immediately from and after its passage on Second
Reading and publication of the caption in accordance with the provisions of the Charter of the City
of Highland Village, and it is accordingly so ordained.
FIRST READ ON THE 28TH DAY OF JULY, 2015, BY THE CITY COUNCIL OF THE CITY OF
HIGHLAND VILLAGE, TEXAS.
TEXAS, ON SECOND READING ON THIS THE ___ DAY OF AUGUST, 2015.
APPROVED:
_______________________________
ATTEST:
____________________________
_____________________________
(kbl:7/22/15:72621)
Exhibit A – Amended Site Plan
Exhibit B – Building Elevations
Exhibit B – Building Elevations (cont.)
COUNCIL BRIEFING
AGENDA# 18
SUBJECT:
PREPARED BY:
MEETING DATE:
07/28/15
Discuss the Status of Development of the Property Located in
Planned Development District 2012-1 (PD 2012-1), as
Established by Ordinance 2012-1132 (commonly known as
“The District”) Generally Located North and West of the
Intersection of FM 407 and Briarhill Boulevard and Take
Appropriate Action, if any
COMMENTS
This item is on the agenda to discuss the status of The District at Highland Village.
The original ordinance establishing the development follows.
ORDINANCE NO. 2012 1132
-
CHANGING THE ZONING OF 14.81 ±
ACRES
OUT OF THE F. HYATT SURVEY,
ABSTRACT NO. 559, DENTON COUNTY, TEXAS, BY CREATING PLANNED
DEVELOPMENT DISTRICT 2012 1- (PD 2012 1)
- FOR RETAIL, OFFICE, AND
RESIDENTIAL
CONCEPT
USES;
AND
ADOPTING
DEVELOPMENT
DEVELOPMENT
PLAN;
REGULATIONS,
BUILDING
A
ELEVATIONS,
LANDSCAPE PLAN, SIGN PLAN, AND SIGN REGULATIONS; PROVIDING
FOR A CONFLICTS RESOLUTION CLAUSE; REPEALING ORDINANCE NOS.
03 934;
04 963,
06 992
AND 07 1023;
PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR NO
VESTED INTEREST; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($
2,
000) FOR EACH OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
SECTION 1.
The Comprehensive Zoning Ordinance and Zoning District Map of the City of
Highland Village, Texas, as amended, is hereby further amended by changing the zoning of a
14.81 ±
acres out of the F. Hyatt Survey, Abstract No. 559, City of Highland Village, Denton
County, Texas, described in Exhibit A
" ,"
attached hereto, and incorporated herein by reference
the
Property ") by creating a Planned Development District No. 2012 1
- (PD 2012 1)
- for Retail,
Office, and Residential uses.
SECTION 2.
The Property shall be developed and used in accordance with applicable provisions
of the Comprehensive Zoning Ordinance of the City of Highland Village, as amended and the
following Development Regulations set forth below:
A.
General Purpose: The general purpose of this ordinance is to allow the Property
to be used and developed for a new urbanism mixed
/
use
office, retail and loft -
style residential Planned Development project.
Ordinance 2012 1132
-
Page
1 of 12
B.
Definitions:
For purposes of this Ordinance, the following words and phrases
shall have the following meanings unless expressly stated otherwise in this
Ordinance:
1)
CZO" shall mean the Comprehensive Zoning Ordinance of the City of
and
Highland Village, adopted pursuant to Ordinance No. 95 699,
inclusive of all subsequent amendments thereto.
2)
Live/Work Units" shall mean units designed for Residential Use by one
family and also include areas for Retail and or
/ Office Uses.
3)
Loft Unit" means an attached dwelling unit designed for occupancy by a
family as defined in the CZO located within a building with two or more
Loft Units (which building may also contain separate space used for
Retail and or
/ Office Uses) and which contains an area of not less than
750 square feet.
4)
Residential Units"shall mean collectively Live/Work Units, Loft Units, and
Townhouses.
5)
Residential" or "Residential Uses" means use of a building or portion of a
building for one or more residences, including Live/Work Units, Loft Units.
and Townhouses.
6)
Retail"or "Retail Uses"shall have the same meaning as:
a)
Retail or Service, Incidental" as set forth in Section 39, Number
189, of the CZO, as such definition is amended from time to time;
b)
Retail Stores and Shops" as set forth in Section 39, Number 190,
of the CZO, as such definition is amended from time to time;
c)
Restaurant or Cafeteria" as set forth in Section 39, Number 187,
of the CZO, as such definition is amended from time to time;
provided, however, no Restaurant or Cafeteria located on the
Property shall have a drive -through window; and
d)
Studios for photography, musician, or artist" as set forth in
Section 39, Number 218, of the CZO, as such definition is
amended from time to time.;
7)
Office"or "Office Uses"shall have the same meaning as:
a)
Office, professional and general administration" as set forth in
Section 39, Number 148, of the CZO, as such definition is
amended from time to time; and
b)
Medical Facilities" as set forth in Section 39, Number 128, of the
CZO, as such definition is amended from time to time; but not
including those uses defined as "Convalescent, Rest or Nursing
Ordinance 2012 1132
-
Page
2 of 12
Home,"Hospital,"
"
Public
"
Health Center,"or "Sanitarium,"as set
forth in Section 39, Number 128, of the CZO.
Except as set forth above, the definitions set forth in Section 39 of the CZO shall
be applicable to this Ordinance.
C.
Concept and Development Plan: The Property shall be used and developed in
accordance with the Concept and Development Plan attached to this ordinance
as Exhibits "B 1"
- and B
" 2"
- and incorporated herein by reference. The Concept
and Development Plan, and its approval as part of this Ordinance, shall be
deemed to have satisfied the requirements for approval of a concept plan and a
development plan in accordance with Section 28.5 and Section 28.6,
respectively, of the CZO. Requests for, and approval of, any amendments to
the Concept and Development Plan shall be in accordance with Section
28.8.of the CZO; provided, however, in addition to the limitations on the
B
ability of the city manager to approve minor amendments to the Concept
and Development Plan as set forth Section B
28.8.of the CZO, the city
manager shall not be authorized to approve any minor amendment to the
Concept and Development Plan which results in:
1)
an increase in the number of Residential Units authorized in each
building as set forth in Subsection C, below;
2)
a decrease in the distance between any structure as shown on the
Concept and Development Plan and the north or east boundaries of
the Property;
3)
an increase in the height of Building III, Building VI, or the existing
Town Homes north of Kennedy Avenue as shown on the Concept
and Development Plan;
4)
a change in the uses permitted on the Property by this Ordinance;
or
5)
a decrease in the minimum square footage for Loft Units or the
minimum square footage of the Retail Office
/
areas within Live/Work
Units.
D.
Permitted Uses: The various buildings constructed on the Property as shown on
the Concept and Development Plan shall be used and developed only with the
following uses:
1)
Building I:
a)
First Floor: Retail
b)
Second and Third Floors: Residential, not to exceed nine (9)Loft
Units on each floor
Ordinance 2012 1132
-
Page
3 of 12
2)
Building II:
First Floor:
a)
Retail, Office, and Live/Work Units (not to exceed
seven (7)Live/Work Units). The Live/Work Units shall contain not
less than 325 square feet of Retail Office
/
space facing and
opening onto Main Street.
b)
Second and Third Floor:
Residential, not to exceed sixteen (16)
Loft Units on each floor.
3)
Building III: Residential, not to exceed nine 9
( )Loft Units on each of the
three floors.
4)
Building IV:
a)
First Floor: Retail and Office
b)
Second Floor:
Office and Residential, not to exceed six (6)Loft
Units.
c)
5)
6)
Third Floor: Residential, not to exceed twelve (12)Loft Units
Building V: Residential, not to exceed nine 9
( )Loft Units on each of the
three floors; provided, however, the First Floor may be developed with
Live/Work Units with the Retail Office
/
portion of the unit facing and
opening onto Main Street.
Building VI: Residential, not to exceed eight (8)Loft Units on each of the
three floors.
7)
Building VII:
a)
First Floor: Retail
b)
Second Floor: Residential (not to exceed three 3
( )Loft Units) or
Office.
8)
Existing Townhouses: The twelve 1
( 2) townhouse units existing on the
Property as of the effective date of this Ordinance shall continue to be
used as townhouses and not converted to Loft Units or Live/Work Units;
provided, however, the portion of the Property on which the existing
townhouse units may be replatted in a manner that removes the lot lines
existing along the common walls of the individual townhouse units
resulting in the entire structure being located on a single platted lot.
9)
Existing
Office Retail
/
Building:
The
building
labeled
as
Existing
Office Retail
/
shall continue to be developed and used for only Office
and or
/
Retail Uses.
Ordinance 2012 1132
-
Page
4 of 12
10)
Existing Pool Building, Proposed Pool Area Addition; Existing Pool: Shall
continue to be used and developed as a recreational amenity for
occupants of the Property.
E.
Conditional Uses.
Notwithstanding Subsection D, above, the Property may
not be used or developed for the following uses that may otherwise be within the
definitions of "Residential Uses,"Retail
"
Uses" or "Office Uses" without first
obtaining a conditional use permit in accordance Section 12 of the CZO for the
following purposes:
1)
Any use which is:
a)
a permitted or conditional use within a Retail zoning district as set
forth in Section 29.5 of the CZO which is not otherwise expressly
permitted pursuant to Subsection D, above, and
b)
2)
not a prohibited use as set forth in Subsection F, below; and
Any use which is:
a)
a permitted or conditional use within a Retail zoning district as set
forth in Section 29.4 of the CZO which is not otherwise expressly
permitted pursuant to Subsection D, above, and
b)
F.
not a prohibited use as set forth in Subsection F, below.
Prohibited Uses. The Property may not be used and developed for any use or
purpose which is not expressly permitted pursuant to Subsection D, above, or for
which a Conditional Use Permit has not been granted pursuant to Subsection E,
above. In addition, the Property may not be used or developed for the following
purposes:
1)
Bar, being defined as an establishment that derives seventy five
percent
75 %)or more of its gross revenue from the on-premise sale of alcoholic
beverages;
2)
Building materials and hardware (outside);
3)
Car washes;
4)
Check cashing service and or
/ loan agency.
5)
Community Home;
6)
Convalescent, Rest or Nursing Home, Hospital, Public Health Center, or
Sanitarium;
7)
Convenience store with gas pumps
8)
Feed store
Ordinance 2012 1132
-
Page
5 of 12
G.
9)
Gun or Firearm Sales and or
/ Repair;
10)
Halfway House;
11)
Laundromat (self-service);
12)
Nursery, Retail, with outside storage;
13)
Pawn Shop;
14)
Restaurant, Drive In
- Type; or
15)
Sexually oriented business,
Elevations: All buildings shall be designed and constructed substantially in
accordance with the Building Elevations set forth in Exhibits "C 1"
- and "C 2,"
attached hereto and incorporated herein by reference. In addition:
1)
All exterior building materials shall be as shown on Exhibits "C 1"
- and "C2"and as listed in Exhibit "C 3,"
- attached hereto.
H.
2)
No more than 30%
of any building facade shall consist of External
Insulation Finishing System ( EIFS
"
").
3)
Exterior building colors shall be substantially similar to the colors shown
on Exhibits "C 1"
- and "C 2"
- and listed in Exhibit "C 3,"
- attached hereto.
4)
Highly reflective or mirror glass shall not be used as an exterior material.
Height Regulations: No building on the Property shall exceed the maximum
and "C 2,"
hereto. The Special
height dimensions set forth on Exhibits "C 1"
Height Regulations set forth in Section 36.4 of the CZO shall not apply to the
Property to allow the extension of any structure, equipment, or appurtenance to
exceed the heights allowed by Exhibits "C 1"
- and "C 2,"
- hereto.
Density Building
/
Coverage:
1)
The overall residential density for the Property shall not exceed 11.4
Residential Units per net acre or 168 Residential Units.
2)
No building shall exceed the building coverage shown on Exhibits "B 1"
and "B 2,"
- hereto.
3)
All building setbacks shall be as shown on Exhibits "B 1"
- and "B 2,"
hereto.
J.
Parking: The design, number, and location of parking spaces, including, but not
limited to, the number of covered parking spaces and number of enclosed
garages, developed on the Property shall be a shown on Exhibits B
" 1"
- and "B-
Ordinance 2012 1132
-
Page 6 of 12
W
2,"
hereto, and shall conform to Sections A,
31.3.C, D, E, G, H, I and K of the
CZO.
K.
Refuse Facilities: The location of all refuse dumpsters shall be as shown on
Exhibits B
" 1"
- and B
" 2,"
- attached hereto, and conform to Section B
21.5.of the
CZO.
Notwithstanding Section 22.05 of the City of Highland Village Code of
Ordinances, no garbage or trash shall be placed on the exterior of any portion of
the Property for collection except (1)in refuse dumpsters as located pursuant to
Exhibits "B 1"
- and "B 2"
- and (2) in permanently affixed and covered trash
collection containers which do not exceed a volume of fifty 5
( 0)gallons that are
placed in public plaza, sidewalk, or recreation amenity areas and used for the
placement of garbage and or
/ trash by patrons using said areas.
L.
Landscaping: All landscaping shall be installed in the location as shown on the
Landscape Plan, attached hereto as Exhibit "D" and incorporated herein by
reference. In addition:
1)
All plant material shall be living and healthy species as specified in Exhibit
D."
2)
In no case shall a certificate of occupancy for any building be granted
until all trees and other landscaping associated with said building as
delineated on Exhibit "D,"
hereto, has been planted.
3)
Except to the extent Exhibit "D,"
hereto, indicates to the contrary, the
location, planting, removal, replacement, irrigation, and maintenance of all
landscaping on the Property, and the responsible party for same, shall be
in accordance with the provisions of Section 32 of the CZO applicable to
non -residential developments.
M.
Signs: All sign locations, design, size, type, and construction shall be in
conformance with Exhibit "D,"
hereto and the Signage Criteria set forth in Exhibit
attached hereto and incorporated herein by reference.
E,"
Notwithstanding
compliance with the provisions of this Ordinance, nothing herein shall be
construed as exempting any person installing or constructing a sign on the
Property from any provision of the City Code of Ordinances or the CZO
applicable to the design, construction, and or
/ installation of signs within the City.
N.
Lighting and Glare: All exterior lighting installed on the Property shall be in
conformance with Exhibit "F,"
attached hereto, and Section 38 of the CZO.
O.
Illustrative
Perspective Sketch:
When constructed, the streets, buildings,
amenities, and other structures shall appear substantially similar to Exhibit G
" ,"
attached hereto and
incorporated herein by reference. To the extent of any
inconsistency or conflict between Exhibit "G"and the other provisions of this
Ordinance, including the other exhibits attached hereto, the other provisions of
this Ordinance shall control.
P.
Construction Sequencing Timing:
/
Ordinance 2012 1132
7
12
of
Page
1)
Commencement of Construction of Buildings I, II and III shall occur not
later than 180 days after the effective date of this Ordinance.
2)
Completion of Construction of the Buildings shall be not later than the
time set forth below following issuance of the first building permit for any
of the Buildings:
1
i) Building
II:
Sixteen (16)months.
ii) Building
I:
Eighteen (18)months.
iii) Building III:
Nineteen (19)months.
iv) Building IV:
Thirty (30)months.
v) Building
V:
vi) Building VI:
3)
Thirty two
(32)months.
Thirty six
- (36)months.
No building permit shall be issued for any of the Buildings until the
Property has been replatted and all public improvements which are
required to be constructed or reconstructed with respect to the entire
Property have been completed and accepted by the City in accordance
with applicable provisions of the Highland Village Subdivision Ordinance,
as
amended ( Ch. 26, Exhibit A of the Highland Village Code of
Ordinances, as amended);provided, however, the Building Official and
City Engineer are not prohibited by this Paragraph (3)from issuing a
building permit for Building II in accordance with Section C.
6.
5.of the
Highland Village Subdivision Ordinance
4)
Unless otherwise authorized by motion or resolution of the City Council:
i)
a certificate of occupancy shall not be issued for Building III if:
a)
Commencement of Construction has not occurred with
respect to Building I and Building II;
b)
Building permits relating to the construction of Building IV,
Building V and Building VI have not been issued; and
c)
ii)
All building permit fees, impact fees, and other fees and
amounts which must be paid to the City with respect to the
construction of Building IV, Building V and Building VI have
not been paid to and received by the City; and
a certificate of occupancy shall not be issued for either Building V
or Building VI if Commencement of Construction has not occurred
with respect to Building IV.
Ordinance 2012 1132
-
Page
8 of 12
5)
In the event the Completion of Construction does not occur with respect
to a Building on or before the date set forth in paragraph (2),
above
individually, an "Unfinished Building "),the City Manager shall notify the
owner of the Property in writing that the owner or the owner's
representatives must appear before the City Council to explain why
Completion
of Construction has not occurred with respect to the
Unfinished Building in accordance with this ordinance and describe the
present state of construction in progress, said appearance to be at a
regular or special meeting of the City Council occurring not earlier than
ten 1
( 0)days after delivery of the City Manager's notice to the owner of
the Property. At the conclusion of the presentation by the owner of the
Property and the receipt of information from the City Manager, the City
Council may:
i)
set a date for a subsequent presentation to the City Council by the
owner of the Property regarding the status of construction of the
Unfinished Building(s),
which date shall be not earlier than thirty
30) days following
the
initial
presentation.
If Completion of
Construction of the Unfinished Building has still not occurred by
the time of the second presentation to the City Council, the City
Council may elect one or both of the following:
a)
order that, until such time that Completion of Construction
of the Unfinished Building(s)
has occurred as required by
Paragraph (2),
or earlier date as determined by the City
Council, the City Manager withhold the issuance of any
permits, licenses, and
certificates of occupancy with
respect to the use or occupancy for Retail or Office Uses of
any portion of one or more of any of the Buildings;
and
b)
set a subsequent date to receive another presentation from
the
owner
of
the
Property
regarding
the
status
of
construction of the Unfinished Building(s).
The foregoing process shall continue to be repeated until Completion of
Construction has occurred with respect to all of the
Buildings.
No
subsequent notice to owner by the City Manager shall be required with
respect to a meeting date set by the City Council pursuant to i
( ),
above.
Notwithstanding anything to the contrary herein, an order by the City
Council to withhold permits, licenses, and certificates of occupancy may
be effective immediately or on a date set by the City Council following the
initial meeting held pursuant to this subparagraph i
( ),
at which the owner
or owner's representative fails to appear following notice of the meeting or
following
a
meeting
held
pursuant
to
subparagraph
i)(
a). No
presentation to the City Council shall be necessary and no withholding of
permits, licenses, or certificates of occupancy shall occur in accordance
with this Paragraph (5)if Completion of Construction of the Unfinished
Ordinance 2012 1132
-
Page
9 of 12
Building(s)
occurs prior to the date of any meeting set by the City Council
scheduled pursuant to this Paragraph (5);
or
ii)
6)
take no action.
Paragraph (5)shall not be applicable to:
i)
the issuance of permits necessary for the construction of any of
the Buildings or the issuance of certificates of occupancy for any
of the Buildings themselves, the construction of which has been
completed; or
ii)
issuance of permits or certificates of occupancy for any of the
buildings existing on the Property prior to the effective date of this
Ordinance.
7)
For purpose of this Subsection P:
i)
The references to "Building I,"
Building
" II,"
Building
"
III,"Building
"
IV,"Building
"
V,"
and or
/ "Building VI, "correspond to the buildings
identified on Exhibit "A,"
hereto, with the same names.
ii)
Buildings" shall mean "Building I,"
Building
" II,"Building
"
III,"
Building IV,"
Building
"
V,"
and or
/ "Building VI,"
collectively.
iii)
Commencement of Construction" shall mean (i)
the plans have
been prepared and all approvals thereof required by applicable
governmental authorities have been obtained for construction of
the building, ii)
( all necessary permits for the construction of the
building has been issued by the applicable governmental
authorities and (iii)construction of the elements of the building
whether located above or below ground) has commenced.
iv)
Completion of Construction" shall mean i
( )
substantial completion
of the Building has occurred, and i( i)a certificate of occupancy or
final inspection has been issued by the City for occupancy of the
Building.
v)
Force Majeure Event" shall mean and include any acts of God
war, hostilities,
fire, earthquakes, floods, windstorms, etc.),
invasions, embargoes, rebellions, revolutions, contamination by
radio -activity, riot, commotion, strikes, acts or threats of terrorism,
or other events completely beyond the owner's control.
8)
Nothing in this Subsection P shall be construed as prohibiting the City
from filing one or more complaints in Municipal Court for failure to comply
with the provisions of this Ordinance.
9)
With respect to the deadlines set forth in the Subsection P, the owner of
the Property shall not be responsible for any delays in sequencing, timing,
Ordinance 2012 1132
-
Page
l0 of 12
Commencement of Construction, or Completion of Construction caused
by (a)the City, its employees, contractors, agents, or representatives, or
b)Force Majeure Events.
SECTION 3.
To the extent such ordinances are applicable to the use and development of the
Property, in the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Highland Village and the provisions of this Ordinance, including,
but not limited to, the provisions of the Comprehensive Zoning Ordinance, as amended, the
provisions of this Ordinance shall be controlling.
SECTION 4.
City of Highland Village Ordinance Nos. 04 963,
06 992,
and 07 1023,
are hereby
repealed to the extent said ordinances are applicable to the use and development of the Property.
SECTION 5.
Should any word, sentence, paragraph, subdivision, clause, phrase or section of
SECTION 6.
An offense committed before the effective date of this Ordinance is governed by
SECTION 7.
Any person, firm or corporation violating any of the provisions or terms of this
the sum of Two Thousand Dollars ($
2,
000)for each offense.
SECTION 8.
No person or entity shall acquire any vested interest in this Ordinance or any
law.
SECTION 9.
This ordinance shall take effect upon the later of (a)the date of the passage of this
ordinance on Second Reading and publication of the caption in accordance with the provisions of
the Charter of the City of Highland Village, or (b)the entry by the court of an order of dismissal with
prejudice of that certain lawsuit styled HHSG , LLC v. City of Highland Village, Civil Action No 4:11 cv-00631, in the United States District Court for the Eastern District of Texas, Sherman Division,
and it is accordingly so ordained.
FIRST READ ON THE 29TH DAY OF NOVEMBER, 2012, BY THE CITY COUNCIL OF THE
CITY OF HIGHLAND VILLAGE, TEXAS.
TEXAS, ON SECOND READING ON THIS THE 11TH DAY OF DECEMBER, 2012.
Ordinance 2012 1132
-
Page
11 of 12
APPROVED:
D V
ATTEST:
lL+ a
G
0
Diane A.Callahan,
O9
FEg
X96 ,
Patrick L. Davis, Mayor
F`
Z
C7
AL
QmA'
- S' SE
Cit
YA t
GEC
co
l
COUNT`
Kevin B. Laughlin, Cit j ttorney
Ordinance 2012 1132
-
Page
12 of 12
,
COUNCIL BRIEFING
AGENDA# 19
SUBJECT:
MEETING DATE:
07/28/15
Status Report on Current Projects and Discussion on Future
Agenda Items
PREPARED BY:
COMMENTS
This item is on the agenda to allow a Councilmember to inquire about a subject of which
notice has not been given. A statement of specific factual information or the recitation of
existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
* 35Express Update
* Radio System Assessment and Recommendations
UPCOMING EVENTS
Expected Absences: None
July 28, 2015
Regular City Council Mtg. 7:30 pm
August 6, 2015
Zoning Board of Adjustment Mtg. 7:00 pm (if needed)
August 11, 2015
August 17, 2015
Park Board Mtg. 6:00 pm (if needed)
August 18, 2015
Planning & Zoning Commission Mtg. 7:00 pm (if needed)
August 20, 2015
Public Art Advisory Board Mtg. 7:00 pm (if needed)
August 25, 2015
September 3, 2015
September 7, 2015
Labor Day Holiday – City Offices Closed
September 8, 2015
September 15, 2015
September 17, 2015
September 21, 2015
September 22, 2015
October 1, 2015
October 13, 2015
October 15, 2015
October 19, 2015
October 20, 2015
October 27, 2015
***Please visit www.highlandvillage.org or the City Hall bulletin board for latest additions, updates and
changes***
By: Karen Bradley, Administrative Assistant, City Secretary Office

July 28, 2015 - Highland Village

Transcription

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