AGENDA BARTONVILLE TOWN COUNCIL SPECIAL MEETING DECEMBER 12, 2017 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX :00 PM

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1 TC Agenda Pkt Page 1 AGENDA BARTONVILLE TOWN COUNCIL SPECIAL MEETING DECEMBER 12, 2017 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX A. CALL SPECIAL MEETING TO ORDER 7:00 PM B. CLOSED SESSION The Town Council to convene into a closed meeting pursuant to Texas Government Code Chapter 551, section to discuss matters relating to consultation with Town Attorney, deliberation regarding real property and personnel as follows: 1. Consultation with Town Attorney regarding legal issues concerning noise complaints pertaining to outdoor music located at Marty B s Restaurant, 2644 FM 407. C. RECONVENE OPEN MEETING The Town Council to reconvene into an open meeting and consider action, if any, on items discussed in closed session. D. PLEDGE OF ALLEGIANCE E. PUBLIC PARTICIPATION/CITIZEN APPEARANCES Please fill out a "Citizen Participation" form in order to address the Council and turn the form in to the Town Secretary. Individual speaker s time shall be limited to three (3) minutes each and may be extended by an additional (3) minutes with the approval of many of the Councilmembers present. A 20-minute time allotment is set for this section. The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing." Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at during business hours. In accordance with the Texas Open Meetings Act the Town Council is restricted in discussing or taking action on items not posted on the agenda. For this reason, action on your statement or inquiry by Council or a Town representative is limited to: a statement of specific factual information given in response to the inquiry; or a recitation of existing policy in response to the inquiry; or proposal to place the subject on the agenda for a subsequent F. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District 2. Planning and Zoning Commission 3. Community Development Corporation 4. Police Chief Report - Department Statistics/Activities for November Town Administrator a. Monthly Reports: Financial Statement-November 2017; Animal Services Report; Engineering Report

2 Town Council Meeting Agenda December 12, 2017 Page 2 TC Agenda Pkt Page 2 G. CONSENT AGENDA This agenda consists of non-controversial or housekeeping items required by law. Items may be approved with a single motion. Items may be removed from the Consent Agenda by any Councilmember by making such request prior to a motion and vote on the Consent Agenda. 1. Consider approval of the November 28, 2017, special meeting minutes. 2. Consider approval of the December 6, 2017, work session meeting minutes. H. REGULAR ITEMS 3. Consider approval of an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant as a permitted use by Conditional Use Permit only. This item was postponed after the public hearing was closed on November 28, Discuss and consider approval of an amendment to the real estate sales agreement between the Town and Tim House regarding the sale of the Town s property at 96 McMakin Road to extend the inspection period, and authorize the Mayor to execute same on behalf of the Town. 5. Discuss and consider approval of the Badminton Drive turnaround reconstruction project. 6. Discuss and consider approval of an ordinance renewing the franchise agreement with Cross Timbers Water Supply Corporation. 7. Consider approval of ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, Article 12.02, Traffic Control Devices, Section entitled Stop Signs by repealing Subsection (a) entitled Locations in its entirety and replacing it with a new Subsection (a) entitled Locations. 8. Discuss and provide direction on the Town s tree ordinance. 9. Discussion on Police Department staffing. 10. Discuss and consider approval of police traffic photo capture equipment. I. FUTURE AGENDA ITEMS/REQUESTS BY COUNCILMEMBERS TO BE ON NEXT AGENDA J. ADJOURNMENT

3 Town Council Meeting Agenda December 12, 2017 Page 3 TC Agenda Pkt Page 3 I do hereby certify that the Notice of Meeting was posted on the bulletin board at Town Hall of the Town of Bartonville, Texas, a place convenient and readily accessible to the public at all times and said Notice was posted on the following date and time: Friday, December 8, 2017, at 4:00 p.m., at least 72 hours prior to the time of said meeting. Tammy Dixon, TRMC, CMC, Town Secretary The City Council reserves the right to adjourn into a closed meeting or executive session as authorized by Texas Government Code, Sections , et seq. (the Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections of the Texas Open Meetings Act. Any final action, decision, or vote on a matter deliberated in a closed meeting will only be taken in an open meeting that is held in compliance with Texas Government Code, Chapter 551.

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5 TC Agenda Pkt Page 5 CALL TOTALS: ANIMAL CONTROL TOWN OF BARTONVILLE NOVEMBER, 2017 # of Call Outs 11 TOTAL Wk Hrs 3.75 Animal Impnds Claim by Owner Adoptions Warnings 2 Written Notice 1 Citations Trap Calls 8 Investigations 3 Cruelty Calls Dead Animals 1 Dogs at Large 3 Bite Cases 1 Injured Animals Loose Livestock Wildlife Calls Contacted By: TOWN HALL RESIDENTS 9 SELF 1 POLICE 1

6 ACTIVITY LOG: NOVEMBER 2017 ANIMAL SERVICES FOR TOWN OF BARTONVILLE CALL OUTS: hrs Timberridge: skunk in RESIDENT S trap for removal. 830 Porter Rd: trap rental for armadillos CALL OUTS: hrs Timberridge: skunk in RESIDENT S trap for removal. 830 Porter Rd: armadillo in trap for removal CALL OUT by PD: hrs. 261 Green Oaks: dog BITE case that occurred yesterday; dog is current on shots; dog was sleeping when it was startled by toddler; left written NOTICE for owner to contact me; will allow home quarantine until CALL OUT by RESIDENT: hrs. 830 E. Jeter Rd: picked up owner surrendered pet CALL OUT: hrs. 830 Porter Rd: picked up trap due back CALL OUT by RESIDENT: hrs Timberridge: skunk in trap for removal NOTE: complaint from RESIDENT on Seals Rd on 2 loose dogs from 1161 S. Gibbons.. Left written WARNING for owner to keep dogs confined. CALL OUTS by RESIDENTS: hrs Old Justin Rd: skunk and opossum in live traps for removal Brasher St: white pitbull from that address was out loose yesterday and killed neighbors chicken; left written WARNING today; no owner home or dog found. NOTE: Dog from bite case on passed home quarantine. TC Agenda Pkt Page 6

7 TOWN COUNCIL AGENDA ITEM NO. 1 TC Agenda Pkt Page 7 CONSENT ITEM DATE: December 12, 2017 FROM: ITEM: Tammy Dixon, Town Secretary Consider approval of the November 28, 2017, special meeting minutes. SUMMARY: The Town Council held a special meeting on November 28, FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a special meeting of the Town Council held on November 28, 2017.

8 TC Agenda Pkt Page 8 THE BARTONVILLE TOWN COUNCIL HELD A REGULAR MEETING ON THE 28 th DAY OF NOVEMBER 2017, AT BARTONVILLE TOWN HALL, 1941 E. JETER RD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 6:30 P.M. The Town Council met in a regular meeting with the following members present: Bill Scherer Mayor Jeff Traylor Mayor Pro Tem Jaclyn Carrington Councilmember Place 2 Clay Sams Councilmember Place 3 Jim Murphy Councilmember Place 4 Josh Phillips Councilmember Place 5 with the following member absent: Also present: Michael Montgomery, Town Administrator; Tammy Dixon, Town Secretary; Bobby Dowell, Chief of Police; Ed Voss, Town Attorney; and Gary Vickery, Town Engineer. A. CALL SPECIAL MEETING TO ORDER Mayor Scherer called the special meeting to order at 6:30 p.m. B./C. CLOSED/OPEN SESSION The Town Council convened into a closed meeting at 6:31 p.m. pursuant to Texas Government Code Chapter 551, Sections, , , and and reconvened into open session at 7:22 p.m. to discuss matters relating to consultation with Town Attorney and personnel as follows: 1. Consultation Deliberate the purchase, exchange, lease, or value of real property, to wit: 96 McMakin Road. No Action Taken. 2. Consultation with Town Attorney to provide legal advice on potential litigation and on alleged nonconforming use and nonconforming structure issues regarding the dispute between 1534 Latigo Lane and 1757 Bridle Bit. No Action Taken. 3. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employee; to wit: 1) Chief of Police. No Action Taken. 4. Consultation with Town Attorney regarding legal issues concerning noise complaints pertaining to outdoor music located at Marty B s Restaurant, 2644 FM 407. No Action Taken. D. PLEDGE OF ALLEGIANCE Mayor Scherer led the pledge of allegiance.

9 TC Agenda Pkt Page 9 TOWN COUNCIL REGULAR MEETING November 28, 2017 PAGE 2 E. PUBLIC PARTICIPATION/CITIZEN APPEARANCES There were none. F. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District Mr. Strange distributed a copy of the October 26, 2017, Argyle Fire District agenda. He stated the District was expecting to be reimbursed by FEMA for its support with Hurricane Harvey; the District received a grant from CoServ in the amount of $18,060; and a new administrative assistant had been hired. 2. Planning and Zoning Commission Mr. Montgomery stated the Commission discussed their goals for 2018 which include a review of the zoning ordinance. 3. Community Development Corporation. No Report 4. Police Chief Report - Department Statistics/Activities for October 2017 Chief Dowell distributed a copy of statistics for October and stated the department received 100 calls for service, conducted 54 traffic stops and continue to work on two open felony cases. 5. Town Administrator Monthly Reports: Financial Statement-October 2017; Animal Services Report; Engineering Report Mr. Montgomery stated the Blue Santa Program was underway and reminded the audience to stop by the office to pick up wish tags from the giving tree. G. CONSENT AGENDA Councilmember Carrington moved to approve consent item 1. Councilmember Sams seconded the motion. The item, as approved by consent, is restated below along with the approved recommendation, for the record. 1. Consider approval of the October 17, 2017, regular meeting minutes. RECOMMENDATION: Approve the October 17, 2017, regular meeting minutes. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy, Phillips NAYS: None VOTE: 5/0

10 TC Agenda Pkt Page 10 TOWN COUNCIL REGULAR MEETING November 28, 2017 PAGE 3 H. REGULAR ITEMS 2. Discuss and consider authorizing the Town administrator to provide thirty-day written notice terminating the contractor services agreement with Leslie Freeman, RS, for registered sanitarian and food service inspection services. Mr. Montgomery stated after numerous requests, the Town Sanitarian, Leslie Freeman, failed to provide the Town with monthly reports and documentation for services provided as required by Section 3 of his contract. He explained the Town is required, by law, to have these records on file and available for public inspection. He further stated the Town has not received any complaints regarding Mr. Freeman s service. A discussion ensued regarding the requirements of the contract and the timeliness of turning documentation. Mr. Freeman agreed he would have all required documents turned in. Mayor Pro Tem Traylor moved to postpone this item. Councilmember Carrington seconded the motion. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy, Phillips NAYS: None VOTE: 5/0 3. Discuss and consider approval of a contractor services agreement with Douglas Patrick, R.S. for registered sanitarian and food service inspections; and authorization for the Town Administrator to execute same on behalf of the Town. Mayor Pro Tem Traylor moved to postpone this item. Councilmember Carrington seconded the motion. VOTE ON THE MOTION AES: Traylor, Carrington, Sams, Murphy, Phillips NAYS: None VOTE: 5/0 4. Discuss and consider approval of Work Order #4 with SPI Asphalt, LLC, for spot repairs and crack sealing throughout the Town; and authorization for the Town Administrator to execute same on behalf of the Town. Gary Vickery, Town Engineer stated areas were identified that would benefit from immediate crack sealing and spot repairs and stated the Badminton turnaround needed to be redone. A discussion ensued regarding the material requirements for turnarounds. Councilmember Carrington moved to Work Order #4 with SPI Asphalt, LLC, for spot repairs and crack sealing throughout the Town excluding the Badminton Turnaround; and authorization

11 TC Agenda Pkt Page 11 TOWN COUNCIL REGULAR MEETING November 28, 2017 PAGE 4 for the Town Administrator to execute same on behalf of the Town. Councilmember Sams seconded the motion. VOTE ON THE MOTION AES: Traylor, Carrington, Sams, Murphy, Phillips NAYS: None VOTE: 5/0 5. Public hearing to hear public comment and consider approval of an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant as a permitted use by Conditional Use Permit only. Mayor Scherer opened the public hearing at 7:52 p.m. Mr. Montgomery stated the applicant, Mr. House, was requesting approval of a Conditional Use Permit, to allow for the operation of a restaurant on the subject property. He stated the property has been owned by the Town of Bartonville since 2013 and on July 18, 2017, the Town Council authorized staff to proceed with a notice and bidding process for the subject property. Mr. House submitted a bid which was accepted by the Town Council on August 15, 2017, and is now under contract. Mr. Montgomery explained it was the applicant s intent to keep the property repairs and improvements compatible with the existing structure, using similar or architecturally materials to preserve the overall image of the store. Mr. House was requesting the exterior improvements/additions as follows: 1. Removal of the existing gas service island and canopy. 2. Repair the existing front sidewalk canopy, which extends 6 from the east side of the building, and further extend to a total depth of Add rear (west) covered patio area of approximately 40 x Adjust existing limits of parking area as may be needed to allow for new on-site septic system. 5. Allow food trucks, including a snow cone stand, to provide food service to customers in the restaurant and on site. 6. Add a sign to the existing sign pole located near the building s southeast corner not to exceed 5 x Add an exterior ice machine accessible to the public. Mr. Montgomery stated on November 1, 2017, the Planning and Zoning Commission recommended approval of the Conditional Use Permit by a vote of 4-1 without items #6 and #7. Mr. House stated his goal was to preserve the building and to open a restaurant. No one spoke in favor.

12 TC Agenda Pkt Page 12 TOWN COUNCIL REGULAR MEETING November 28, 2017 PAGE 5 Those opposed: Gracie Egan, 229 Hunter Court Annemarie Moore, 1394 Post Oak Lane Laura Pittman, 1237 Post Oak Court Kathy Daum, 1590 Post Oak Sherry Phelps, 149 Green Oaks Mayor Scherer closed the public hearing at 8:04 p.m. Mayor Scherer stated the Town Council has heard the concerns from the citizens which include traffic, order of smoke, noise from music, and hours of operation. Her further stated the Council needs to also consider the property owner s rights. A discussion ensued and it was the consensus of the Council to hold a work session at a later date to discuss the concerns at length. Mayor Pro Tem Traylor moved to postpone this item. Councilmember Sams seconded the motion. VOTE ON THE MOTION AES: Traylor, Carrington, Sams, Murphy, Phillips NAYS: None VOTE: 5/0 6. Discuss and consider approval to purchase a 2018 Police Package Tahoe in accordance with the vehicle replacement plan; and authorization for the Town Administrator and the Chief of Police to execute any and all documents regarding the same. Mr. Montgomery this item was being brought forward as part of the Vehicle Replacement program. He explained the proposed 2018 Police Package Tahoe would replace the 2012 Police Tahoe that has approximately 90,000 miles. The quote provided includes all items necessary for a new patrol car. He further stated included in the $41, price was a $7,500 trade-in credit for the 2012 Tahoe. Mayor Pro Tem Traylor moved to approve the purchase of a 2018 Police Package Tahoe in accordance with the vehicle replacement plan; and authorization for the Town Administrator and the Chief of Police to execute any and all documents regarding the same. Councilmember Carrington seconded the motion. VOTE ON THE MOTION AES: Traylor, Carrington, Sams, Murphy, Phillips NAYS: None VOTE: 5/0 7. Discussion on funding police traffic photo capture equipment.

13 TC Agenda Pkt Page 13 TOWN COUNCIL REGULAR MEETING November 28, 2017 PAGE 6 Mayor Pro Tem Traylor stated he requested this item for discussion. He stated he believed having photo capture equipment placed throughout the Town would let visitors know there is a police presence. Staff was directed to research the cost and placement of such equipment and bring back to council for further discussion. I. FUTURE AGENDA ITEMS/REQUESTS BY COUNCILMEMBERS TO BE ON NEXT AGENDA December 6, 2017, work session to discuss Conditional Use Permit for 96 McMakin. December 12, 2017, special meeting. December 19, 2017, regular meeting, cancelled. J. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 8:27 p.m. APPROVED this the 12 th day of December Approved: Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary

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15 TOWN COUNCIL AGENDA ITEM NO. 2 TC Agenda Pkt Page 15 CONSENT ITEM DATE: December 12, 2017 FROM: ITEM: Tammy Dixon, Town Secretary Consider approval of the December 6, 2017, work session minutes. SUMMARY: The Town Council held a work session on December 6, FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a work session of the Town Council held on December 6, 2017.

16 TC Agenda Pkt Page 16 THE BARTONVILLE TOWN COUNCIL HELD A WORK SESSION ON THE 6 th DAY OF DECEMBER 2017, AT BARTONVILLE TOWN HALL, 1941 E. JETER RD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 7:00 P.M. The Town Council met in a work session with the following members present: Bill Scherer Mayor Jeff Traylor Mayor Pro Tem Jaclyn Carrington Councilmember Place 2 Clay Sams Councilmember Place 3 Jim Murphy Councilmember Place 4 Josh Phillips Councilmember Place 5 with the following member absent: Also present: Michael Montgomery, Town Administrator; Tammy Dixon, Town Secretary; and Ed Voss, Town Attorney. A. CALL WORK SESSION TO ORDER Mayor Scherer called the work session to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE Mayor Scherer led the pledge of allegiance. C. PUBLIC PARTICIPATION/CITIZEN APPEARANCES Annemarie Moore, 1394 Post Oak, spoke in reference to the Conditional Use Permit being considered for 96 McMakin and her opposition to any noise and odors. Kathy Daum, 1590 Post Oak, spoke in reference to the Conditional Use Permit being considered for 96 McMakin and her opposition to noise and odors. D. WORK SESSION ITEM 2. Discussion on an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant as a permitted use by Conditional Use Permit only. Mr. Voss distributed a list of additional conditions and performance standards to consider for the approval of a Conditional Use Permit to allow a restaurant use located at 96 McMakin Road, to address exterior improvements and additions, and consider determining that the following do not cause an improper expansion of a nonconforming use on the property:

17 TC Agenda Pkt Page 17 TOWN COUNCIL WORK SESSION December 6, 2017 PAGE 2 1. Removal of the existing gas service island and canopy. 2. Repair of the existing front sidewalk canopy, which extends 6 feet from the east side of the building, and further extend the canopy to a total depth of 12 feet. 3. On the west or rear side, add a covered patio area of approximately 40 feet by 24 feet on the existing concrete pad. 4. Adjust the existing limits of the parking area as may be needed to allow for a new on-site septic system. 5. Allow food trucks, including a snow cone stand, to provide food service to customers in the restaurant and on site. 6. Add a monument sign per the Town's sign regulations of 8 feet by 4 feet, not to exceed 32 square feet in size, instead of the existing pole sign. The consensus of the council where in agreement with items No live music shall he played or performed after 9:00 p.m. or No operational sounds off of the property and no entertainment sounds shall be audible beyond 1,000 feet. A long discussion ensued on music and operational sounds. Mr. House requested to set a measurable restriction. Following discussion, staff was directed to take decibel readings from Post Oak with music playing on the property and provide the data for the next council meeting. 8. Hours of Operation shall be 6:00 a.m. to 12:00 midnight. or Business hours are limited to 11 :00 p.m. and no outside service after 10:00 p.m. All business operations (not service staff) is restricted to inside the property other than activities allowed within the RB zoning district. Following discussion, the consensus of the council was to limit the hours of operation from 6:00 a.m. to 12:00 midnight, except that no outside business operations or outside activities shall occur after 10:00 p.m. 9. Odors, smells and cooking emissions shall comply with state law. Mr. Voss explained the enforcement agency regarding odors was under the Texas Commission of Environmental Quality. A discussion ensued. The consensus of the council was to limit cooking to indoors only and to only allow outdoor cooking by a permit approved by the Town Council. 10. A site plan shall be submitted in accordance with the Town's site plan regulations and approved prior to issuance of a building permit. Mr. Voss stated this would help the council understand what the project would look like. There was no further discussion.

18 TC Agenda Pkt Page 18 TOWN COUNCIL WORK SESSION December 6, 2017 PAGE 3 E. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 8:23 p.m. APPROVED this the 12 th day of December Approved: Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary

19 TOWN COUNCIL AGENDA TC Agenda Pkt Page 19 ITEM NO. 3 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Consider approval of an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant as a permitted use by Conditional Use Permit only. This item was postponed after the public hearing was closed on November 28, SUMMARY: The applicant, Tim House, is requesting approval of a Conditional Use Permit, to allow for the operation of a restaurant on the acre subject property. The property is located on the northwest corner of Jeter and McMakin. The property has been owned by the Town of Bartonville since On July 18, 2017, the Town Council authorized staff to proceed with a notice and bidding process for the subject property. Mr. House submitted a bid which was accepted by the Town Council on August 15, 2017, and which is now under contract. It is the applicant s intent to keep the property repairs and improvements compatible with the existing structure, using similar or architecturally compatible materials to preserve the overall image of the store. The exterior improvements/additions include the following: 1. Removal of the existing gas service island and canopy. 2. Repair the existing front sidewalk canopy, which extends 6 from the east side of the building, and further extend to a total depth of Add rear (west) covered patio area of approximately 40 x Adjust existing limits of parking area as may be needed to allow for new on-site septic system. 5. Allow food trucks, including a snow cone stand, to provide food service to customers in the restaurant and on site. 6. Add a sign to the existing sign pole Add a monument sign located near the building s southeast corner not to exceed 54 x Add an exterior ice machine accessible to the public. On November 1, 2017, the Planning and Zoning Commission recommended this item with a vote of 4-1 without items #6 and #7.

20 TC Agenda Pkt Page 20 On, December 6, 2017, the Town Council conducted a work session to further discuss this item to address concerns regarding noise, odor, and operating hours. Below are four additional conditions for the Council to consider: 7. Outside, amplified music or other sound shall not exceed sixty (60) decibels at the property line, and if this condition is violated, the Town will cause the violation to come into immediate compliance. 8. Hours of operation shall be from 6:00 a.m. to 12:00 midnight, except that no outside business operations or outside activities shall occur after 10:00 p.m. 9. All food cooking operations and preparation shall be enclosed and inside the building. There shall be no cooking operations or preparation of food outside the building unless approved by the Town Council. All odors, smells and cooking emissions shall comply with state law air quality standards and will be enforced in accordance with state law by the Texas Commission on Environmental Quality and/or the Town. 10. The Town Council shall review and approve improvements to the building elevations and building layout to ensure compliance with conditions set forth within the approved Conditional Use Permit. The sound level of 60 decibels was arrived at by placing an outward speaker at 70 decibels measured from five feet away. From the speaker to the northern property line, approximately 150 feet away, the sound measured 60 decibels. When no sound is present, the sound meter read between 45 and 50 decibels. This same reading was achieved at the closest residential property line, roughly 400 feet away, when the speaker was at the property was at 70 decibels measured from five feet away. FISCAL IMPACT: N/A LEGAL REVIEW: This item has been reviewed by Ed Voss, Town Attorney ATTACHMENTS: Applicant Submittal Location Map Final Plat Letter to Property Owners Draft Ordinance RECOMMENDATION: Move to approve an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to

21 TC Agenda Pkt Page 21 allow for the operation of a Restaurant located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant as a permitted use by Conditional Use Permit only.

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28 LOCATION MAP TC Agenda Pkt Page McMakin Rd. MC MAKIN RD JETER ROAD JETER ROAD Conditional Use Permit Request for a Restaurant located at 96 McMakin Road, Bartonville, Texas

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30 TC Agenda Pkt Page E. Jeter Road, Bartonville, TX October 24, 2017 «Property_Owner» «Property_Owner_Mailing_Address» «City_State_» «Zip» RE: Notice of 2 nd Public Hearing Date Change Conditional Use Permit Request for a Restaurant located at 96 McMakin Road, Town of Bartonville, Denton County, Texas. Dear Property Owner, Per the Denton County Appraisal District records, you own property (Property ID «Property_ID») within two hundred feet (200 ) of the property described above. The second public hearing to be conducted by the Town Council originally scheduled for Tuesday, November 21, 2017, has been rescheduled for Tuesday, November 28, 2017, at 7:00 p.m., Bartonville Town Hall, as outlined in the notice below. The buyer for this property has made application for a Conditional Use Permit. The stated purpose is to allow for a Restaurant to be operated on the property. Enclosed you will find a map of the general location for the Conditional Use Permit. You are invited to attend and participate in the following public hearings regarding this application. The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, November 1, 2017, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant as a permitted use by Conditional Use Permit only. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, November 28, 2017, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 96 McMakin Road. All interested parties are encouraged to attend. Should you have any questions regarding this matter, please feel free to contact me at Sincerely, Tammy Dixon Town Secretary Enclosure: Location Map

31 TC Agenda Pkt Page 31 TOWN OF BARTONVILLE ORDINANCE NO. -17 AN ORDINANCE AMENDING TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, ARTICLE ZONING ORDINANCE, EXHIBIT A ZONING ORDINACE BY AMENDING CHAPTER 11, ARTICLE 11.2 USES PERMITTED, FOR THE TOWN OF BARTONVILLE BY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT LOCATED AT 96 MCMAKIN ROAD, BARTONVILLE, TEXAS; PROVIDING FOR CONDITIONS AS DESCRIBED HERIN AND ATTAHED HERETO AS EXHIBIT A. PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas, is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town of Bartonville, Texas, is a general law municipality empowered under the Texas Local Government Code, Section , to adopt an ordinance or rule that is for the good government of the Town; and WHEREAS, the Planning and Zoning Commission of the Town of Bartonville and the Town Council of the Town of Bartonville, in compliance with state laws with reference to amending the Comprehensive Zoning Ordinance, have given the requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the governing body of the Town of Bartonville is of the opinion that said zoning ordinance should be amended as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS: SECTION 1. That the Code of Ordinance be and the same is hereby amended by amending Comprehensive Zoning Ordinance amending Chapter 14, Exhibit A, Zoning Ordinance by amending Chapter 11, Article 11.2 Uses Permitted, by allowing the Conditional Use of a Restaurant at 96 McMakin Road, Bartonville, Texas.

32 TC Agenda Pkt Page 32 Ordinance No. Page 2 SECTION 2. SEVERABILITY. That it is hereby declared to be the intention of the Town Council of the Town of Bartonville, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation in this Ordinance of such unconstitutional phrases, clause, sentence, paragraph, or section. SECTION 3. SAVINGS. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Town of Bartonville Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4. ENGROSS AND ENROLL. That the Town Secretary of the Town of Bartonville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the Town Council of the Town of Bartonville and by filing this Ordinance in the Ordinance records of the Town. SECTION 5. PUBLICATION. That the Town Secretary of the Town of Bartonville is hereby directed to publish in the Official Newspaper of the Town of Bartonville the Caption and the Effective Date of this Ordinance for two (2) days. SECTION 6. EFFECTIVE DATE. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such case provides. AND IT SO ORDAINED. DULY PASSED AND APPROVED by the Town Council of the Town of Bartonville, Texas, on the day of November 2017.

33 TC Agenda Pkt Page 33 Ordinance No. Page 3 APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary

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35 TOWN COUNCIL AGENDA TC Agenda Pkt Page 35 ITEM NO. 4 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider approval of an amendment to the real estate sales agreement between the Town and Tim House regarding the sale of the Town s property at 96 McMakin Road to extend the inspection period, and authorize the Mayor to execute same on behalf of the Town. SUMMARY: The potential purchaser of 96 McMakin Road has requested a 45 day extension of the inspection period to complete further due diligence. FISCAL IMPACT: N/A LEGAL REVIEW: This item has been reviewed by Ed Voss, Town Attorney ATTACHMENTS: Contract Amendment RECOMMENDATION: Move to approve an 45 day extension of the inspection period at 96 McMakin.

36 TC Agenda Pkt Page 36 First Amendment to Real Estate Sales Agreement This First Amendment to Real Estate Sales Agreement (this First Amendment ), dated as of December 12, 2017, is made by and between the TOWN OF BARTONVILLE, TEXAS, a Texas municipal corporation and general law municipality ( Seller ), and TIM HOUSE, an individual ( Buyer ), and constitutes an amendment to that certain Real Estate Sales Agreement, dated September 19, 2017 (the Agreement ), concerning the sale and purchase of real estate between the parties (the Parties ). RECITALS WHEREAS, the Parties executed the Agreement on September 19, 2017; and WHEREAS, the Agreement contains an Inspection Period of ninety (90) days after the Effective Date for the Buyer to inspect the Property and to conduct any studies that Buyer deems necessary; and WHEREAS, the Parties desire to amend the Agreement to extend the Inspection Period for forty-five (45) days due to the need for Buyer to continue inspection activities related to the purchase of the Property. NOW, THEREFORE, in connection with the foregoing, and in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: A. First Amendment From and after the effective date of this First Amendment, Section H of the Agreement, entitled Inspection Period is hereby amended to read as follows: H. Inspection Period Buyer shall have a period of one hundred thirty-five (135) days after the Effective Date (the Inspection Period ) to inspect the Property and to conduct any studies that Buyer deems necessary. [rest of Section H remains the same as stated in the Agreement] B. Remainder of Terms of Agreement Remain the Same The rest and remainder of the terms and conditions set forth in the Agreement are unchanged and are not amended or altered by this First Amendment. First Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 1 of 3

37 TC Agenda Pkt Page 37 Seller: TOWN OF BARTONVILLE, TEXAS Buyer: TIM HOUSE By: BILL SCHERER Mayor By: TIM HOUSE An Individual Date: Date: First Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 2 of 3

38 TC Agenda Pkt Page 38 ACKNOWLEDGMENT of TITLE COMPANY Title Company acknowledges receipt of a copy of this First Amendment to Real Estate Sales Agreement executed by both Buyer and Seller on this day of, By: Name: Title: Date: First Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 3 of 3

39 TOWN COUNCIL AGENDA ITEM NO. TC Agenda Pkt Page 39 ITEM NO. 5 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider approval of the Badminton Drive turnaround reconstruction project. SUMMARY: This project was discussed at the November 28, 2017, Town Council meeting. The temporary turnaround is no longer functioning and needs to be reconstructed. Staff and the Town Engineer were directed to find alternatives. The Town Engineer has identified an asphalt alternative to concrete for the turn-around on Badminton Drive: Concrete: $33, (345 SY at $98.00) Asphalt: $33, (See Attachment) FISCAL IMPACT: To be determined LEGAL REVIEW: N/A ATTACHMENTS: Engineers Estimate: Asphalt Bid RECOMMENDATION: N/A

40 TC Agenda Pkt Page 40 Bartonville Badminton Cul-de-sac repair 12/7/2017 Qty Unit Unit Price Total Price Mobilization for Asphalt 1 LS $ $ Mobilization for Base Repair 1 LS $ $ " Asphalt Spot Repair 345 SY $ $ 28, Grading 1 LS $ 2, $ 2, Hydromulch 450 SY $ 3.43 $ 1, $ 33,433.55

41 TOWN COUNCIL AGENDA ITEM NO. 6 TC Agenda Pkt Page 41 REGULAR ITEM DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discussion on the renewal of the Franchise Agreement with Cross Timbers Water Supply Corporation. SUMMARY: The town granted Bartonville Water Supply Corporation (now known as Cross Timbers Water Supply Corporation) a franchise in The non-exclusive franchise was extended to the end of January 2005 and in 2005 subsequently renewed for an additional ten years. In 2015 and 2016 the the town council renewed and extended the agreement for one year periods. -The current agreement is through December 31, The agreement is to supply, sell, distribute, and furnish potable/domestic water to the town and allow the use of town easements, right-of-ways, roads, or streets. The Franchise Fees were approved at 2%. FISCAL IMPACT: Approximately $6,000 total annually from franchise revenue. LEGAL REVIEW: N/A ATTACHMENTS: Draft ordinance RECOMMENDATION: Move to approve an ordinance renewing the franchise agreement with Cross Timbers Water Supply Corporation.

42 TC Agenda Pkt Page 42 TOWN OF BARTONVILLE ORDINANCE AN ORDINANCE OF THE TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS, RATIFYING, RENEWING AND EXTENDING A FRANCHISE GRANTED TO CROSS TIMBERS WATER SUPPLY CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONDUCT A BUSINESS OF SUPPLYING POTABLE/DOMESTIC WATER IN THE TOWN OF BARTONVILLE, AND TO CONSTRUCT, OPERATE, AND MAINTAIN A WATER TRANSMISSION AND DISTRIBUTION SYSTEM ALONG AND UNDER THE UTILITY EASEMENTS, RIGHTS-OF-WAY, STREETS, ROADS, LANES, ALLEYS, AND BRIDGES OF SAID TOWN, AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on February 12, 1993, the Town of Bartonville, Texas (the Town ), granted Cross Timbers Water Supply Corporation ( CTWSC ), formerly known as Bartonville Water Supply Corporation, a franchise pursuant to Ordinance ; and WHEREAS, on February 19, 2002, pursuant to Ordinance , the Town extended the CTWSC franchise to end on January 31, 2005; and WHEREAS, on January 31, 2005, pursuant to Ordinance , the Town extended the CTWSC franchise to end on December 31, 2015; and WHEREAS, on December 15, 2015, pursuant to Ordinance , the Town extended the CTWSC franchise to end on December 31, 2016; and WHEREAS, on December 13, 2016, pursuant to Ordinance , the Town extended the CTWSC franchise to end on December 31, 2017; and WHEREAS, the Town Council of the Town of Bartonville, Texas ( Town Council ) finds that CTWSC s franchise should be renewed and extended for CTWSC s use of the Town s easements, rights-of-way, roads, or streets, in order to continue providing potable/domestic water in the Town for a period of ; and WHEREAS, the Town Council has determined that, in order to maintain the fiscal integrity of the Town, the franchise fee imposed upon the CTWSC for the use of the utility easements, rights-of-way, and roads or streets of the Town should be continued; and WHEREAS, the Town Council has determined that the continued imposition of a franchise fee on the CTWSC is in the best interests of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS, THAT:

43 TC Agenda Pkt Page 43 ORDINANCE NO. PAGE 2 SECTION 1. Incorporation of Premises All the above premises are hereby found to be true and correct legislative determinations and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. Renewal of Franchise Subject to the provisions of the laws of the State of Texas, including any future laws or ordinances, and subject to the provisions of this Ordinance, the non-exclusive franchise granted to the Cross Timbers Water Supply Corporation ( CTWSC ), its successors, transferees, and assigns, on February 12, 1993, as previously extended by Ordinance , Ordinance , Ordinance , and is hereby renewed and extended for the period beginning January 1, 2017 and ending December 31,, to supply, sell, distribute, and furnish potable/domestic water to the Town and its inhabitants by constructing, operating, and maintaining a water transmission and distribution system including all necessary appurtenances thereto ( System ), along and under the utility easements, rights-of-way, streets, roads, avenues, lanes, alleys, and bridges (hereinafter called thoroughfares ), of the Town. SECTION 3. Non-exclusive Franchise Franchise rights and privileges extended by this Ordinance are not exclusive, and the Town retains the right and power to grant to any other person, firm, or corporation, and other water companies, franchise rights and privileges to its streets, highways, and public places as it deems best or chooses to grant. SECTION 4. Duties of CTWSC 3.01 Non-Interference: The System shall be constructed, operated, and maintained so as to interfere as little as possible with traffic. No streets or roads within the Town shall be cut. After construction or maintenance of any part of the System, the public easement shall be restored to its original or better condition Construction Standards and Service: The CTWSC herein, its successors and assigns, shall construct its water lines and water transmission system in a good and workmanlike manner in accordance with all applicable federal and state regulations. The CTWSC shall furnish its customers in the Town of Bartonville, Texas, with continuous and adequate service pursuant to Certificate of Convenience Necessity No Such service,

44 ORDINANCE NO. PAGE 3 however, shall be subject to such reasonable rules and regulations as the CTWSC may promulgate through its tariff Building Permit or Certificate of Occupancy Required: The CTWSC shall not establish water service to any property or structure within the corporate limits of the Town unless and until a valid Building Permit or Certificate of Occupancy, or a Change of Occupancy Permit has been issued by the Town s Building Official or the Town shall state in writing that no permit or certificate is required Records and Reports: During the period of the franchise, the books and records of the BWSC shall contain records of the CTWSC s property and revenues in or from the Town s corporate limits. The CTWSC shall furnish the Town with an annual report and make the books and records available for inspection or audit by the Town at the CTWSC s general office at all reasonable times. The CTWSC shall promptly furnish to the Town a copy of each annual report filed by the CTWSC with the Texas Commission on Environmental Quality ( TCEQ ) during the period of this franchise Indemnification: In the construction, installation, repairing, operation, and maintenance of all transmission lines, apparatus, and appliances and other facilities for the distribution of water, the CTWSC shall use reasonable care to avoid damage or injury to persons or property. The CTWSC shall indemnify the Town, its elected and appointed officials and its employees, from all such damage, injury, or expense to the extent caused by any act or failure to act by the CTWSC, its officers, agents, and employees in the connecting, installing, repairing, and maintaining of any of its facilities or in excavating the public streets and highways or public grounds of the Town, including the paving, repaving, or repairing of any of the public streets, highways, or public property of the Town Insurance: CTWSC shall carry public liability and property damage insurance with a Texas admitted company with an A.M. Best key rating of at least B+. Insurance coverage in a minimal amount of $1,000, will be kept in force during the term of the franchise granted herein. The Town shall be named as an additional insured on CTWSC s liability policy with thirty (30) day notice of cancellation required. CTWSC shall provide the Town with a certificate of insurance for CTWSC s policy and all renewals or subsequent policies in force during the term of the franchise granted herein. SECTION 5. Granting of Franchise The franchise hereby extended is cumulative of and shall not repeal the provisions of that certain franchise granted by the Commissioner s Court of Denton County, Texas, by order entered on the 5 th day of April, 1971, of record in Volume X, Page 180, Minutes of the Commissioner s Court of Denton County, Texas. SECTION 6. Remedy for Breach of Duties TC Agenda Pkt Page 44 A failure of the CTWSC to observe any of the terms and conditions of this franchise shall be grounds for the forfeiture and termination of the privilege herein granted if such failure is

45 TC Agenda Pkt Page 45 ORDINANCE NO. PAGE 4 continued for more than thirty (30) days after written notice from the Town to the CTWSC. SECTION 7. Franchise Fee On or before April 1 st of each year for the life of the franchise, CTWSC shall pay to the Town a sum equal to two percent (2%) of its gross revenue received from the furnishing of water by the CTWSC within the corporate limits of said Town for the preceding calendar year, in full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks, and all other public lands and places in the Town, whether as rental, supervision and inspection charges, or otherwise, for twelve (12) months preceding January 1 st of the year in which such payment is made. Such payment shall be in lieu of any other tax or increased rate of tax or other imposition, assessment, or charges, except ad valorem taxes. Receipts from the sale of water to persons, firms, corporations, or institutions located outside the corporate limits of the Town shall not be included among the gross receipts upon which the payments provided for herein are to be computed; provided, however, that when sold to such consumers shall be so included from the date that CTWSC received notice of annexation from the Town. SECTION 8. Acceptance Clause This grant of franchise and its terms shall be accepted by the CTWSC by a written instrument, executed, acknowledged, and filed with the Town within thirty (30) days after the date that this Ordinance is adopted by the Town Council. The written instrument shall state the acceptance of this franchise grant and that the CTWSC agrees to abide by the terms of this Ordinance and declares that the statements and recitals in this Ordinance are correct. Unless this grant of franchise is accepted within the time and in the manner provided in this section, it shall not become effective. SECTION 9. Conflicts All ordinances and provisions of the Town of Bartonville, Texas, that are in conflict with this Ordinance shall be and the same are hereby repealed, and all ordinances and provisions of ordinances of said Town not so repealed are hereby retained in full force and effect. SECTION 10. Severability It is the intent of the Town Council that each paragraph, sentence, subdivision, clause, phrase, or section of this Ordinance be deemed severable, and should any such paragraph, sentence, subdivision, clause, phrase, or section be declared invalid or unconstitutional for any reason, such declarations of invalidity or unconstitutionality shall not be construed to effect the validity of those provisions of this Ordinance left standing, not the validity of the Code of Ordinances as a whole.

46 TC Agenda Pkt Page 46 ORDINANCE NO. PAGE 5 SECTION 11. Effective Date This Ordinance shall be in full force and effect upon passage and publication in the official newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED by the Town Council of the Town of Bartonville, Texas, on this the 12 th day of December, 2017, by a vote of to. APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary

47 TC Agenda Pkt Page 47 ORDINANCE NO. PAGE 6 ACCEPTANCE WHEREAS, the Town Council of the Town of Bartonville, Texas, did on the 13th day of December, 2016, enact Ordinance No. entitled: and AN ORDINANCE OF THE TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS, RATIFYING, RENEWING AND EXTENDING A FRANCHISE GRANTED TO CROSS TIMBERS WATER SUPPLY CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONDUCT A BUSINESS OF SUPPLYING POTABLE/DOMESTIC WATER IN THE TOWN OF BARTONVILLE, AND TO CONSTRUCT, OPERATE, AND MAINTAIN A WATER TRANSMISSION AND DISTRIBUTION SYSTEM ALONG AND UNDER THE UTILITY EASEMENTS, RIGHTS-OF-WAY, STREETS, ROADS, LANES, ALLEYS, AND BRIDGES OF SAID TOWN, AND PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, said Ordinance was, on the 13 th day of December 2016, duly approved by the Mayor of said Town and the seal of said Town was thereto affixed and attested by the Town Secretary. NOW THEREFORE, in compliance with the terms of said Ordinance as enacted, approved and attested, Cross Timbers Water Supply Corporation hereby accepts said Ordinance and files this its written acceptance with the Town Secretary of the Town of Bartonville, Texas, in his office. Dated this day of, 201. CROSS TIMBERS WATER SUPPLY CORPORATION ATTEST: Secretary, CTWSC By: General Manager Acceptance filed in the office of the Town Secretary on Bartonville, Texas, this day of, 201. Tammy Dixon, Town Secretary

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49 TOWN COUNCIL AGENDA TC Agenda Pkt Page 49 ITEM NO. 7 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Consider approval of ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, Article 12.02, Traffic Control Devices, Section entitled Stop Signs by repealing Subsection (a) entitled Locations in its entirety and replacing it with a new Subsection (a) entitled Locations. SUMMARY: During a review of the Town s stop sign locations within the code of ordinance, the following locations need to be amended and added: Wolf Run Road/FM 407 E Jeter Road Saddlebrook Drive/FM 407 Fox Run/Dove Creek Road IT Neely Road/FM 407 Dove Creek Road/Hat Creek Drive Hat Creek Drive/Hat Creek Circle FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Amended Ordinance RECOMMENDATION: Move to approve an ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, Article 12.02, Traffic Control Devices, Section entitled Stop Signs by repealing Subsection (a) entitled Locations in its entirety and replacing it with a new Subsection (a) entitled Locations.

50 TC Agenda Pkt Page 50 TOWN OF BARTONVILLE ORDINANCE NO. -17 AN ORDINANCE AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, BY AMENDING CHAPTER 12, TRAFFIC AND VEHICLES, ARTICLE 12.02, TRAFFIC-CONTROL DEVICES SECTION ENTITLED STOP SIGNS BY REPEALING SUBSECTION (A) ENTITLED LOCATIONS IN ITS ENTIRETY AND REPLACING IT WITH A NEW SUBSECTION (A) ENTITLED LOCATIONS ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas ( Town ), is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town is a Type A General Law municipality empowered under the Texas Local Government Code, Section , to adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic; and WHEREAS, the Town Council finds that Chapter 12 Traffic and Vehicles of the code of Ordinances should be amended by replacing the list of stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2 That the Code of Ordinances, Chapter 12, Article 12.02, Section is hereby repealed in its entirety and replaced read as follows: Sec Stop signs (a) Locations. Stop signs are authorized and shall be erected and maintained by the town at the following locations: (1) East Jeter/FM 407. (2) Wolf Run Road/East Jeter.

51 TC Agenda Pkt Page 51 ORDINANCE NO. -07 Page 2 (3) East Jeter/McMakin 4-way. (4) Green Oaks/East Jeter. (5) Porter Road/E. Jeter. (6) Country Court/E. Jeter. (7) South Gibbons/E. Jeter. (8) Hunter Court/ W. Jeter. (9) Glenview Lane/W. Jeter. (10) Badminton Drive/ Frenchtown Road. (11) Dyer Road/Frenchtown Road. (12) Dove Creek/ South Gibbons. (13) Hidden Oaks/South Gibbons. (14) Brasher Drive/South Gibbons. (15) Stoney Ridge/South Gibbons. (16) Maple Drive/South Gibbons. (17) Seals Road/South Gibbons. (18) Stonewood Blvd./Porter. (19) Broome Road/Porter. (20) Rockgate/Porter. (21) Latigo/Bridal Bit. (22) Barrington Hills Blvd./McMakin. (23) Broome Rd./McMakin. (24) Landfall Circle/McMakin. (25) McMakin/FM 407. (26) Post Oak Lane/McMakin.

52 TC Agenda Pkt Page 52 ORDINANCE NO. -07 Page 3 (27) Bartonville Town Center/FM 407 x 2. (28) Hilltop/FM 407. (29) Saddlebrook Drive/Saddlebrook Way. (30) Dove Creek/Noble Champions. (31) Appaloosa Drive/Noble Champions x 2. (32) Palomino/Nobile Champions. (33) Fox Run/Noble Champions. (34) Show Master/Fox Run. (35) Lakeside Court/Noble Champions. (36) Noble Champions/Kentucky Derby. (37) Triple Crown Court/Kentucky Derby. (38) Saddlebrook Drive/FM 407 (39) Fox Run/Dove Creek Road (40) IT Neely Road/FM 407 (41) Dove Creek Road/Hat Creek Drive (42) Hat Creek Drive/Hat Creek Circle SECTION 4 This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Bartonville, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the Town Council of The Town of Bartonville that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council

53 TC Agenda Pkt Page 53 ORDINANCE NO. -07 Page 4 without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a Class C misdemeanor and, upon conviction, shall be punished by a fine not to exceed the sum of Two-Hundred Dollars ($200.00) for each offense; and each and every day during or on which such violation shall occur or continue shall be deemed to constitute a separate offense. SECTION 7 The Town Secretary of the Town of Bartonville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the Town Council of the Town of Bartonville and by filing this Ordinance in the Ordinance records of the Town. SECTION 8 The Town Secretary of the Town of Bartonville is hereby directed to publish in the Official Newspaper of the Town of Bartonville the Caption and the Effective Date of this Ordinance for two (2) days. SECTION 9 This Ordinance shall be in full force and effect upon passage and publication in the official newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 28 th day of November APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary

54 TC Agenda Pkt Page 54

55 TOWN COUNCIL AGENDA TC Agenda Pkt Page 55 ITEM NO. 8 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discuss and provide direction on the Town s tree ordinance. SUMMARY: During the 85 th Texas Legislature, House Bill 7 was passed. This impacts municipalities ability to regulate tree removal within their jurisdiction. Specifically, it limits the Town s ability to impose fees and prohibit removal of trees under certain circumstances. The Town s current ordinance is in violation of state law and will need to be amended. FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Town of Bartonville Tree Ordinance Texas House Bill No. 7 RECOMMENDATION: N/A

56 12/7/2017 z2.franklinlegal.net/franklin/printviewer.jsp?printcollection=0 CHAPTER 3 BUILDING REGULATIONS ARTICLE 3.05 TREE PRESERVATION TC Agenda Pkt Page 56 ARTICLE 3.05 TREE PRESERVATION Sec Violations; penalty Any person, firm or corporation who violates any provision of this article, or who fails to comply therewith or with any of the requirements hereof, or who commences construction or development of any real property in violation of any plan submitted or approved under this article, or who fails to obtain a permit where required herein, or who erects, occupies or alters any structure or building or commences to erect, occupy, or alter any structure or building in violation of any plan submitted or approved under this article, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in accordance with the general penalty provision found in section of this code. Each and every day such violation exists shall constitute a separate offense. The owner of the building, structure, property or premises, or part thereof, where such violation exists, and any architect, builder, contractor or agent employed in connection therewith who may have assisted in the commission of any such violation, shall each be deemed guilty of a separate offense and, upon conviction, shall be subject to the penalties provided. The removal of each protected tree shall constitute a separate and distinct offense. In addition to the penalties hereinabove provided, the town may, at its option, pursue compliance with the terms and provisions of this article by injunctive relief in the appropriate courts of the county. (Ordinance adopted 1/15/02; 2004 Code, sec ) ARTICLE 3.05 TREE PRESERVATION Sec Tree conservation generally (a) It is the town s intention that the rural nature of the town be conserved by not cutting down trees, even when it is more convenient and economical to do so. (b) (c) It is not the town s intention to deny individual homeowners the right to manage their own property. The town s intention is to disallow the removal of trees without a permit. (d) Every reasonable effort must be made to protect town s trees. The trees listed in section are defined as protected trees. If a protected tree is removed, then it must be replaced by one or more protected trees in accordance with the provisions of this article. The trees listed in section must be protected unless they are located within the following areas or within four feet (4') of these areas: (1) Building pad and appurtenant structures; (2) Rights-of-way and utility easements; (3) If the location of a protected tree not within the areas identified in subsection (d)(1) or (2) results in undue hardship then a protected tree may be removed upon written application and physical verification of hardship and written approval from the town building official or other designated representative. (Ordinance adopted 1/15/02; 2004 Code, sec ) ARTICLE 3.05 TREE PRESERVATION Sec Replacement of trees (a) Trees removed pursuant to section (d)(1), (2), and (3) do not require replacement. (b) It shall be the responsibility of any person obtaining a tree removal permit for the protected trees (see section ) to provide replacement with tree(s) having a total caliper width equivalent to that of the trees removed. 1/5

57 12/7/2017 z2.franklinlegal.net/franklin/printviewer.jsp?printcollection=0 Total caliper width for replacement trees shall be measured as follows: For single-trunk TC Agenda trees, Pkt the Page width 57 shall be measured at four feet (4') above ground level. For multi-trunk trees, total caliper width shall be calculated by combining the caliper width of the largest stem or branch with one-half of the caliper width of each additional stem or branch, all measured at four feet (4') above ground level. An example: If a 6-inch (6") protected tree is removed, then that tree must be replaced by protected trees with a total caliper width of nine inches (9"). This total caliper width could be satisfied by one (1) nine-inch (9") caliper replacement tree or three (3) three-inch (3") caliper width replacement trees, or any other combination providing the total caliper width of 9 inches (9"). (c) Replacement trees shall be container-grown and have a minimum caliper width of one and one-half inches (1-1/2") measured at six inches (6") above ground level. Replacement trees shall have a minimum height of at least six feet (6'), and shall be planted in a location(s) approved by the building official or designated representative. (d) Container-grown trees must have a root ball to trunk diameter ratio of 10:1 or greater. The hole should be dug no deeper than the root ball so that the root ball rests on firm, undisturbed soil and will not sink or settle when the tree is watered in. The hole may be dug as wide as desired. Backfill the hole with a 4:1 ratio of native soil to well-rotted compost. (e) In the event that a removed protected tree cannot be replaced, then the applicant shall apply in writing to the town for a variance from the board of adjustment. The application for a variance shall state in detail the reasons why a removed protected tree cannot be replaced. (f) If the removal of trees pursuant to section (d) results in less than three (3) trees per lot, then the landowner shall replace the number of trees up to at least three (3) container trees. Any replacement tree must be of a hardwood variety and at least 2 inches (2") in diameter measured one and one-half feet (1-1/2') above the ground. (g) Within twelve (12) to eighteen (18) months following issuance of a tree removal permit, the property for which such permit was issued will be inspected by the town. If the inspection reveals that any replacement trees have died or are not expected to survive, then the applicant shall replace such dead or dying trees within ninety (90) days following notice. In the event that the applicant fails to replace the dead or dying trees, then the penalties provided herein may be sought by the town. (Ordinance adopted 1/15/02; 2004 Code, sec ) ARTICLE 3.05 TREE PRESERVATION Sec Prerequisites for issuance of tree removal permit Before the town may issue a permit for tree removal, the applicant must do the following: (1) Tender to the town the appropriate fee as stated in the town s current fee resolution; (2) File a plat with the town that locates and identifies each protected tree on the property as well as each protected tree to be removed; and (3) Tag with a red ribbon each protected tree to be removed. (Ordinance adopted 1/15/02; 2004 Code, sec ) ARTICLE 3.05 TREE PRESERVATION Sec Tree removal permit required (a) Before any person who owns, manages or is in possession of property within the town that is not designated as the person s homestead may remove any tree identified in section (d) of this article, the person must obtain a permit to remove such tree(s). (b) As used in this article, a homestead is defined to mean a home that has been designated as the homestead of a family or a single adult person, which shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with the improvements thereon. 2/5

58 12/7/2017 z2.franklinlegal.net/franklin/printviewer.jsp?printcollection=0 (c) No protected tree shall be removed prior to issuance of a building permit. Protected TC Agenda trees to Pkt be Page removed 58 must be inspected by the town s designated representative prior to removal. (Ordinance adopted 1/15/02; 2004 Code, sec ) ARTICLE 3.05 TREE PRESERVATION Sec Tree protection measures (a) Prior to construction or land development, a four-foot-high (4') plastic (or equivalent) safety fencing shall be placed around no less than one-half (1/2) the protected root area or the drip line, whichever is greater. The critical root area of a tree extends all directions as far from the trunk as the tree is tall. The protected root area is an area radiating from the trunk with a minimum radius of seven feet and a total area not less than half the critical root area of the protected tree. (b) Clearly mark and restrict vehicles and machinery, off-loaded materials and chemical storage areas outside the protected root area of protected trees. (c) Prior to construction or land development, designated parking areas shall be established for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction. The location and dimensions of said designated areas shall be clearly identified on both the subdivision construction and site plans and shall be approved by the town s authorized designee prior to construction of any kind. (d) During construction, the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or protected root area of any protected trees is prohibited. (e) No attachments of any kind, other than those of protective nature, shall be attached to any protected tree. (f) With major grade changes of six inches (6") or greater, a retaining wall or tree well of rock, brick, landscape timbers or other approved materials shall be constructed around a protected tree not closer than the protected root area of a protected tree. The top of the retaining wall or tree well shall be constructed at the new grade. (g) Unless otherwise approved by the town, no construction or construction-related activity shall occur under the protected root area of any protected tree. (h) Any trees removed during land development, construction or construction-related activities shall be chipped or hauled off-site. No diseased trees shall be chipped. Burning of removed trees is prohibited. (i) Pruning for vehicular and machinery clearance is encouraged to prevent structural damage to protected trees. (j) Route plumbing, irrigation, septic and utility lines around the protected root area of protected trees and run parallel in close proximity to each other to open as few trenches and sever as few roots as possible. (k) Avoid trenching more than one side of protected trees. (l) When trenches are needed in the protected root area such as with piping for sprinkler heads, route the trenches in the protected root zone in a line radial to the trunk so as to intersect as few roots as possible. (m) Re-cut root ends that have been damaged or torn by trenching before trenches are closed to promote healing and regeneration of new roots. (n) (o) Control and limit on-site soil storage. Do not pile soil over the protected root area of protected trees. Fertilize roots in trenched areas to promote root development. (p) Accomplish vegetation management, such as brush removal in the protected root area by hand to damage as few of the feeder roots as possible. (q) During construction, apply a two-inch (2") to four-inch (4") organic mulch layer in the protected root areas of protected trees wherever the natural vegetation and leaf litter mulch has been removed. 3/5

59 12/7/2017 z2.franklinlegal.net/franklin/printviewer.jsp?printcollection=0 (Ordinance adopted 1/15/02; 2004 Code, sec ) TC Agenda Pkt Page 59 ARTICLE 3.05 TREE PRESERVATION Sec Trees to be protected (a) (b) (c) The measurement used is the diameter of the tree four feet (4') from the ground. Any tree with a diameter of 12" or more is a protected tree. Protected trees with a diameter of 10" or more: (1) Post oak, Quercus stellata. (2) Blackjack oak, Quercus marilandica. (3) Pecan, Carya illinoensis. (4) American elm, Ulmus americana. (5) Shumard red oak, Quercus shumardii. (6) Sycamore, Platanus occidentalis. (7) White ash, Fraxinus americana. (8) Bald cypress, Taxodium distichum. (9) Bur oak, Quercus macrocarpa. (10) Cedar elm, Ulmus crassifolia. (11) Water oak, Quercus nigra. (12) American sweetgum, Liquidambar styraciflua. (13) Chinkapin oak, Quercus muehlenbergii. (14) Live oak, Quercus virginiana. (15) Osage orange, Maclura pomifera. (16) Eastern red cedar, Juniperus virginiana. (17) Texas ash, Fraxinus texansis. (d) Protected trees with a diameter of 6" or more: (1) Common persimmon, Diospyros virginiana. (2) Winged elm, Ulmus alata. (3) Eve s necklace, Sophora affinis. (4) Possumhaw holly, Ilex decidua. (5) Roughleaf dogwood, Cornus drummondii. (6) Southern wax myrtle, Myrica cerifera. (7) Yaupon holly, Ilex vomitoria. (8) Carolina buckthorn, Rhamnus caroliniana. 4/5

60 12/7/2017 z2.franklinlegal.net/franklin/printviewer.jsp?printcollection=0 (9) Mexican buckeye, Ungnadia speciosa. TC Agenda Pkt Page 60 (e) Protected with a diameter of 3" or more: (1) Eastern redbud, Cercis canadensis. (2) Mexican plum, Prunus mexicana. (3) Texas redbud, Cercis canadensis var. texensis. (Ordinance adopted 1/15/02; 2004 Code, sec ) 5/5

61 TC Agenda Pkt Page 61 H.B.ANo.A AN ACT relating to municipal regulation of the removal of trees on private property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASubchapter Z, Chapter 212, Local Government Code, is amended by adding Section to read as follows: Sec.A AAREGULATION OF TREE REMOVAL. (a) In this section: (1)AA"Residential structure" means: (A)AAa manufactured home as that term is defined by Section , Occupations Code; (B)AAa detached one-family or two-family dwelling, including the accessory structures of the dwelling; (C)AAa multiple single-family dwelling that is not more than three stories in height with a separate means of entry for each dwelling, including the accessory structures of the dwelling; or (D)AAany other multifamily structure. (2)AA"Tree mitigation fee" means a fee or charge imposed by a municipality in connection with the removal of a tree from private property. (b)aaa municipality may not require a person to pay a tree mitigation fee for the removed tree if the tree: (1)AAis located on a property that is an existing 1

62 TC Agenda Pkt Page 62 H.B.ANo.A one-family or two-family dwelling that is the person s residence; and (2)AAis less than 10 inches in diameter at the point on the trunk 4.5 feet above the ground. (c)aaa municipality that imposes a tree mitigation fee for tree removal on a person s property must allow that person to apply for a credit for tree planting under this section to offset the amount of the fee. (d)aaan application for a credit under Subsection (c) must be in the form and manner prescribed by the municipality. for a credit under this section, a tree must be: (1)AAplanted on property: To qualify 13 (A)AAfor which the tree mitigation fee was 14 assessed; or 15 (B)AAmutually agreed upon by the municipality and the person; and (2)AAat least two inches in diameter at the point on the trunk 4.5 feet above ground. (e)aafor purposes of Subsection (d)(1)(b), the municipality and the person may consult with an academic organization, state agency, or nonprofit organization to identify an area for which tree planting will best address the science-based benefits of trees and other reforestation needs of the municipality. (f)aathe amount of a credit provided to a person under this section must be applied in the same manner as the tree mitigation fee assessed against the person and: (1)AAequal to the amount of the tree mitigation fee 2

63 TC Agenda Pkt Page 63 H.B.ANo.A assessed against the person if the property is an existing one-family or two-family dwelling that is the person s residence; (2)AAat least 50 percent of the amount of the tree mitigation fee assessed against the person if: (A)AAthe property is a residential structure or pertains to the development, construction, or renovation of a residential structure; and (B)AAthe person is developing, constructing, or renovating the property not for use as the person s residence; or (3)AAat least 40 percent of the amount of the tree mitigation fee assessed against the person if: (A)AAthe property is not a residential structure; or (B)AAthe person is constructing or intends to construct a structure on the property that is not a residential structure. (g)aaas long as the municipality meets the requirement to provide a person a credit under Subsection (c), this section does not affect the ability of or require a municipality to determine: (1)AAthe type of trees that must be planted to receive a credit under this section, except as provided by Subsection (d); (2)AAthe requirements for tree removal and corresponding tree mitigation fees, if applicable; (3)AAthe requirements for tree-planting methods and best management practices to ensure that the tree grows to the anticipated height at maturity; or (4)AAthe amount of a tree mitigation fee. 3

64 TC Agenda Pkt Page 64 H.B.ANo.A (h)aaa municipality may not prohibit the removal of or impose a tree mitigation fee for the removal of a tree that: (1)AAis diseased or dead; or (2)AAposes an imminent or immediate threat to persons or property. (i)aathis section does not apply to property within five miles of a federal military base in active use as of December 1, SECTIONA2.AAThe changes in law made by this Act apply only to a tree mitigation fee assessed by a municipality on or after the effective date of this Act. SECTIONA3.AAThis Act takes effect December 1,

65 TC Agenda Pkt Page 65 H.B.ANo.A7 AAAAPresident of the Senate Speaker of the HouseAAAAAA I certify that H.B. No. 7 was passed by the House on July 28, 2017, by the following vote:aayeas 130, Nays 9, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 7 on August 15, 2017, by the following vote:aayeas 119, Nays 23, 1 present, not voting. Chief Clerk of the HouseAAA I certify that H.B. No. 7 was passed by the Senate, with amendments, on August 15, 2017, by the following vote:aayeas 17, Nays 14. Secretary of the SenateAAA APPROVED: AAAAAAAAAAAAAAAAADateAAAAAAA AAAAAAAAA AAAAAAAAAAAAAAAGovernorAAAAAAA 5

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67 TOWN COUNCIL AGENDA TC Agenda Pkt Page 67 ITEM NO. 9 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discussion on Police Department staffing SUMMARY: The current staffing of the Bartonville Police Department is one chief and two patrol officers. The Chief has requested to hire another patrol officer to return to 2016 staffing levels. FISCAL IMPACT: To Be Determined LEGAL REVIEW: N/A ATTACHMENTS: N/A RECOMMENDATION: N/A

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69 TOWN COUNCIL AGENDA TC Agenda Pkt Page 69 ITEM NO. 10 DATE: December 12, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider approval on police traffic photo capture equipment. SUMMARY: At the November 28, 2017, special meeting, staff was directed to research the cost of traffic photo equipment. After reviewing the necessary components for a photo capture equipment, a completed unit would cost $500. This breakdown is as follows: Pole: $50 Camera: $200 Camera Box: $100 Sign: $150 FISCAL IMPACT: $500 per unit. LEGAL REVIEW: N/A ATTACHMENTS: N/A RECOMMENDATION: N/A