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Agenda Packet TC 06/16/2008 - Budget WorkshopTown of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, June 16, 2008 5:30 P.M. A.1 Call to order and announce a quorum. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." A.4 Invocation. A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. B.1 Consent Agenda: Discuss and take appropriate action to approve a Beautification and Utility Fund bank resolution naming authorized representatives on First Financial Bank. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 2, 2008. C.1 Highlands Neighborhood 2, Phase 2H. Discuss and take appropriate action on a request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC to approve a Final Plat of Lots 5-15, Block X and Lots 11-31, Block BB, The Highlands at Trophy Club Neighborhood 2, Phase 2H (11.047 acres) (FP-08- 026) C.2 Water's Edge at Hogan's Glen, Phase 2. Discuss and take appropriate action on a request from Jacobs Carter Burgess on behalf of BDMR Development, LLC to approve a Final Plat of Lots 1-5, Block K, Lots 1-5, Block L, Lots 7-42, Block L, and Lots 1-3, Block M, Waters Edge at Hogan's Glen, Phase 2 (26.925 acres) (FP-08-027) C.3 Canterbury Hills, Phase 1. Discuss and take appropriate action on a request from Jacobs Carter Burgess on behalf of BDMR Development, LLC to approve a Final Plat of Lots 8-22 and 30-32, Block A, Lots 2-19, Block B, Lots 1-5 and 10- 14, Block C, Lots 1-18, Block D, Lots 1-2, Block F, Lots 1-4, Block H, and Lots 1- 20, Block J, Canterbury Hills, Phase 1 (42.434 acres). (FP-08-025) C.4 Discuss and take appropriate action regarding amendments to the Subdivider's Agreements for the following neighborhoods of The Highlands at Trophy Club: A. Neighborhood 1, Phase 1C-1 B. Neighborhood 2, Phase 1A C. Neighborhood 2, Phase 1B D. Neighborhood 5, Phase 1D-1 E. Neighborhood 9 C.5 Discuss and take appropriate action regarding a rate increase for solid waste collection and disposal services provided by Allied Waste. C.6 Discuss and take appropriate action regarding the award of bid for the Street Bond project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook Hollow Court) and authorizing the Mayor or his designee to execute all necessary contract documents. C.7 Discuss and take appropriate action regarding an interlocal agreement between the Town of Trophy Club and Tarrant County for reimbursement for road repairs on Trophy Club streets located within Tarrant County. C.8 Discuss and take appropriate action regarding a Resolution of the Town providing written consent to the annexation of an approximate 2.503 acre tract of land situated in the W. Medlin Survey, Abstract No. 829 and located within the Town's corporate boundaries, into the boundaries of Trophy Club Municipal Utility District No. 2. C.9 Discuss and take appropriate action regarding the dates of the regularly scheduled Town Council meetings for September, 2008. C.10 Discuss and provide input regarding amendments to Article I, “Parks and Recreation Board” of Chapter 9, “Parks and Recreation,” of the Code of Ordinances C.11 Items for Future Agenda. 2 C.12 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. (b) Town Council report from EDC 4B Liaison, Council member Strother. C.13 Adjourn 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. EXPLANATION: Finance will provide appropriate backup via separate email. It will not be available upon distribution of the normal agenda. (smd) Attachments: 1. None. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.A.4 Invocation. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve a Beautification and Utility Fund bank resolution naming authorized representatives on First Financial Bank. EXPLANATION: BEAUTIFICATION ACCOUNT: - In December 2006, the Town placed approximately $7333 in a Certificate of Deposit (CD) for six (6) months with First Financial Bank. Since this time, the CD has been renewed three times for a period of six (6) months each (1st maturity 05/30/07 at 5.5%, 2nd maturity 11/30/07 at 4.25%, 3rd maturity 05/27/08 at 4.25%), with interest being paid out every three (3) months. - The original $7333 consisted of all remaining funds and donations, as a result of the Clock Tower Project. Funds were also collected to fund the improvements at the entrance of Trophy Lake Drive; however, it appears that the expenses to accomplish the aforementioned improvements were spent out of the general fund. From what we can tell, nothing was funded from the Beautification Fund for these improvements. The balance in the account at 09/22/00 after the completion was approximately $216. From 2000 until December 2006, there were two main deposits totaling approximately $6700 from the Star Telegram and Team Trophy Club (later became Fall Festival), in addition to the selling of few more bricks. - Given the maturity of this CD, these funds must be placed in an interest-bearing account for Council’s use in the near future. UTILITY ACCOUNT: - Given that the Town will be providing water purchased from the MUDs to the PID, Finance is in the process of setting up the appropriate funds and bank accounts to account for such. Utility billing accounts have been established for PID customers, and the first batch of bills recently went out. Payments both from the PID customers and to the MUD for reimbursement of purchased water will be processed through this bank account. RECOMMENDATION: Staff recommends approval of both bank accounts. (smd) Attachments: None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 2, 2008. Attachments: 1. June 2, 2008 Minutes 10 MINUTES OF JOINT WORKSHOP BETWEEN TOWN COUNCIL AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT AND REGULAR SESSION FOR THE TOWN COUNCIL LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 2, 2008 at 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club met in Joint Workshop Session with the Board of Directors of the Trophy Club Master District and in Regular Session Monday, June 2, 2008, at 6:00 p.m. The meeting was held within the boundaries of the Town and was open to the public. MASTER DISTRICT DIRECTORS PRESENT: Carol Borges Chair Connie White Vice Chair James Thomas Secretary/Treasurer Jim Hase Board Member James Budarf Board Member Kevin Carr Board Member Andy Hayes Board Member Dean Henry Board Member Neil Twomey Board Member MASTER DISTRICT DIRECTORS ABSENT: Kevin Carr Board Member Steven Kohs Board Member TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUESTS PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Walter Fitzpatrick District Manager Patricia Adams Town Attorney Lisa Ramsey Town Secretary Scott Kniffen Police Chief Danny Thomas Fire Chief Sakura Dedrick Finance Director Stephanie Gohlke Financial Analyst Adam Adams Parks and Recreation Director Mike Pastor Information Systems Director 11 A.1 Mayor Sanders called the Town Council to order at 6:00 p.m. Chairperson Carol Borges called the Master District to order at 6:00 p.m. *WORKSHOP SESSION A.2 Joint Budget Workshop Session: Review and Discuss FY08-09 Shared Employees and Preliminary Fire Budget. (6:00 - 7:00 p.m.) Chairperson Borges said the Master District is happy with the budget as it has not changed since last year. Town Manager Emmons asked the Directors to consider one amendment. Currently, the Permit Clerk is funded at 100% Town and the Permit Official 50% Town and 50% MUD. The Permit Clerk recently resigned, and staff is evaluating the need to hire a replacement for this position immediately or wait until the department begins receiving an increase in the permits as anticipated by the PID. Town Manager Emmons asked the Directors to continue funding the Permit Official at 50% Town and 50% MUD. At the time a Permit Clerk is warranted, the funding will go back as presented tonight, which is the Permit Official at 100% Town, and the Permit Clerk at 50% Town and 50% MUD. The Master District agreed to the amendment as presented by staff. Town Manager Emmons said effective September 30, 2008; the Master District will assume the control of the Fire Department and advised the MUD Directors the Town will begin moving the Fire Department out of the Town accounts and into the MUD accounts. Mayor Sanders’ opinion is that long-term, this move is not the direction the Town wants to take. Chairperson Borges appreciates the Mayor’s opinion and said that the Master District has been approached with several options and is considering the options presented. The Master District consented to begin the move. The Council and Directors would like to schedule another budget workshop after both entities have had the opportunity to discuss their budgets separately. Director Budarf commented that this meeting was a bit premature as neither entity has had the opportunity to review. Mayor Sanders and Mayor Pro Tem Edstrom clarified that this meeting was for the Fire Department only. A.3 Master District to adjourn. Master District adjourned at 6:30 p.m. The Council recessed at 6:30 p.m. and reconvened into Regular Session at 7:00 p.m. *REGULAR SESSION A.4 Council member Strother offered the Invocation. A.5 Council member Sterling led the Pledges A.6 Citizen Presentations: There were no citizen presentations. A.7 Discuss and take appropriate action regarding a Proclamation celebrating June 6, 2008, as the day that the 100,000th meal will be prepared for Metroport Meals On Wheels by Marriott Solana. Mayor Sanders introduced Mary King, Executive Director for Metroport Meals On Wheels. Mayor Pro Tem Edstrom read the Proclamation. Motion made by Moss; seconded by Wilson to approve the Proclamation. Motion passed unanimously without any discussion. 12 CONSENT AGENDA Council member Wilson pulled Item B.2. Motion made by Edstrom; seconded by Sterling to approve the Consent Agenda, Items B.1, B.3, B.4 and B.5. Motion passed unanimously without any discussion. B.1 Consent Agenda: Discuss and take appropriate action to ratify the funding and development agreement between the Town and Centurion Acquisitions LP for the extension of Northwest Parkway proposed connector road. (Funding Agreement) B.2 Consent Agenda: Discuss and take appropriate action to ratify the Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. Council member Wilson clarified that the money amount listed on page 64, of the packet is funded as listed under Exhibit B of the Service and Assessment Plan of the PID. Town Manager Emmons said that both NISD and Roanoke considered and approved last week. Roanoke asked that the Town reevaluate the name of the road (Northwest Parkway); this request will not have an effect or impede the agreement. Motion made by Sterling; seconded by Edstrom to approve the Consent Agenda, Items B.2. Motion passed unanimously without any discussion B.3 Consent Agenda: Discussion and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Trophy Club PID (I&S), and designating Sakura Moten-Dedrick, Finance Director as the Liaison. B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. April 2008 B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 19, 2008. Mayor Sanders asked the Council to consider Item C.6 when Park and Recreation Board member McCollister arrives. End of Consent C.1 Discuss and take appropriate action to award a contract for janitorial services for Trophy Club and MUD offices and authorizing the Mayor or his designee to execute necessary contract documents. Town Manager Emmons informed the Council that the current janitorial services are provided by R&J Enterprises. A total of $12,614 is budgeted in the current year by all entities ($4,002 Police, $4,306 Town, $4,002 MUD). Due to quality, control and performance satisfaction issues, management recently tasked staff with finding a new vendor. A Janitorial Selection Committee was formed by staff who submitted a RFP. A total of seven (7) proposals were submitted, and the Janitorial Selection Committee narrowed down their selection to one (1) primary and one (1) alternate. After careful consideration, clarification on several follow-up questions, and the contacting of past and present references, the 13 Janitorial Committee chose the alternate vendor, Member’s Building Maintenance, LTD. The Janitorial Committee has chosen to implement a monthly “all supplies and materials supplied by bidder” cost option of $1,056, totaling $12,672. Upon approval by both the Town Council and Master District Board (June 12), the selected bidder will be formally notified and a contract executed. Motion made by Edstrom; seconded by Wilson awarding a contract to Member’s Building Maintenance, LTD. for janitorial services for Trophy Club and MUD offices and authorizing the Mayor or his designee to execute necessary contract documents. Motion passed unanimously without any discussion. Council moved to Item C.6. C.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. Town Manager Emmons stated the Town’s current Peddlers and Solicitors Ordinance was briefly discussed at the April 21 and the May 19, 2008 Council meetings. Topics identified for further discussion at the previous meetings included time/day restrictions, increased fees and permitting requirements, and an immediate response complaint contact number for resident reporting of violations. Town Attorney Adams spoke to the revisions noted on the draft forwarded to the Town Council on Saturday, May 30, advising that both Chief Kniffen and the Public Safety Committee worked on the revisions as well. Town Attorney Adams provided the proposed revisions were made based upon staff’s understanding of Council’s input at the last meeting and a bit of work is still needed to clean up the existing provisions that are inconsistent and need better definitions. Council member Wilson requested the hours of 9:00 a.m. to 4:00 p.m. be changed under Section 4.03, Charitable Solicitations, H.a, to 9:00 a.m. to 5:00 p.m. Mayor Sanders asked Town Attorney to research if magazines were excluded from Section 4.02 Exceptions, B. Council member Sterling clarified that Section 4.02 I, does not exclude Schwan’s delivery. Deandra Pugh, 2 Chimney Rock Drive – Said she still has an issue with door hangers even though they are not considered face to face solicitations. Bob Radder, 1 Lee Court – Provided the definition of Itinerant and said the Public Safety Advisory Committee discussed revisions that would require more than what the State required on photo ids. Per the additional direction provided to staff, Town Attorney Adams will incorporate the suggestions into the ordinance and present to the Council for final action. C.3 Discuss and take appropriate action regarding the designation of MUD Liaison(s). At their May 19, 2008 meeting, the Town Council discussed designating a MUD Liaison to attend the MUD meetings considering the Master District discussed having a volunteer attend the Council meetings. Mayor Sanders said this would be a good practice for the Council as well. Council member Wilson volunteered and Council member Moss volunteered to be an alternate. The Council agreed that attendance at the Master District meetings is sufficient. 14 C.4 Discuss and take appropriate action regarding a Resolution amending Resolution No. 2007-21 to designate a Council member liaison to Parks and Recreation Board. Council member Moss requested this item be placed on the agenda. Motion made Edstrom; seconded by Wilson designating Council member Moss as the primary Parks and Recreation Board Liaison and Mayor Pro Tem Edstrom as back-up. Motion passed unanimously without any discussion. C.5 Discuss and take appropriate action regarding KRLD's Drive to Vote promotion and Trophy Club participation. KRLD approached staff regarding the Town’s participation and opportunity for the Town of Trophy Club to receive positive exposure while providing a service to the residents of North Texas. This is an unbudgeted item and staff is presenting to Council for their consideration. Mayor Pro Tem Edstrom and Council member Wilson suggested staff discuss funding with EDC 4B. Town Manager Emmons is pursuing Centurion for funding. Council member Sterling said this is a good publicity idea and hits a multiple of media outlets. Council member Strother Liaison will discuss with the EDC 4B their next meeting. Council advised Town Manager Emmons to continue to pursue the Town’s participation. C.6 Discuss and take appropriate action regarding budget considerations and a future plan of action for the Lakeview creekbed ditch. Council member Wilson requested this item be placed on the agenda. Town Manager Emmons provided a brief summary, explaining that some of the clean up could be handled internally by staff. Emmons stated the report previously done by Teague, Nall and Perkins estimated potential solutions to cost approximately 1.2 million dollars. Mayor Pro Tem Edstrom said that the area behind Lakeview needs to be addressed (pages 179 and 180.) Edstrom would like to know the costs associated with an interim solution in order to limit the erosion and if there is any recourse for the home owners who have dumped water into this creekbed. Mayor Pro Tem Edstrom asked staff to research the retaining wall Haltom City erected due to their flooding issues. Town Manager Emmons deferred to Council member Strother to explain rock rip-rap as it relates to stabilization of the channel bank. Parks and Recreation Board member, Chris McCollister said the builder did not fulfill his obligation leaving a menace to the home owners. McCollister referenced the overflow into the creekbed mentioned by Mayor Pro Tem Edstrom, stating the french drains were installed by the home owners to prevent flooding. Greg Lamont, 15 Avalon Drive - President of The Lakes of Trophy Club Home owners Association – Provided the history of the property now known as “The Lakes” was sold, the creek was included and part of the agreement was to maintain the creek by the HOA of TLOTC. Mayor Sanders asked Mr. Lamont to forward his statement to the Town Secretary for the record. Deandra Pugh, 2 Chimney Rock Drive – Asked Council to consider predators the children might encounter. Mark Shegon, 201 Lake Shore Drive – Asked Council to consider a clean hard bottom. 15 Council member Wilson agreed with Greg Lamont’s suggestion for a fence until improvements can be made and said the cost to repair this creekbed is minimal compared to a lawsuit should someone be hurt. Council directed Town Manager Emmons to research a contractor to maintain the drainage control. C.7 Items for Future Agenda. Mayor Sanders asked Town Manager Emmons to contact the City of Watauga for a copy of their Property Maintenance Ordinance. Council member Moss requested number 3, Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by Citizens, be removed. Town Manager Emmons will provide an update on number 5, Sound barrier issues on the east side and TXDOT for Council to decide to keep on the list or remove. Council member Sterling confirmed that the flooding issue behind Summit Cove has been resolved. C.8 Reports. (a) Town Manager Emmons gave his Report. (b) Town Manager Emmons reported on Highlands at Trophy Club Master Improvements Phase 2. EXECUTIVE SESSION D.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to discuss the following: Council convened into Executive Session at 8:40 p.m. A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public officer: (1) Appointment of Mayor Pro Tem. *REGULAR SESSION Council reconvened into Regular Session at 8:47 p.m. D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. Council member Wilson nominated Council member Sterling for Mayor Pro Tem. Motion appointing Sterling for Mayor Pro Tem passed unanimously without any discussion E.1 Adjourn. Motion made by Strother; seconded by Edstrom to adjourn. Motion passed unanimously without any discussion. Meeting adjourned at 8:50 p.m. ____________________________ _____________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.1 Highlands Neighborhood 2, Phase 2H. Discuss and take appropriate action on a request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC to approve a Final Plat of Lots 5-15, Block X and Lots 11-31, Block BB, The Highlands at Trophy Club Neighborhood 2, Phase 2H (11.047 acres) (FP-08-026) OWNER/DEVELOPER: High Trophy Development, LP 3901 W. Airport Freeway, Suite 200 Bedford, Texas 76021 ENGINEER/LAND PLANNER: Jacobs Carter Burgess 7950 Elmbrook Drive Dallas, Texas 75247 SUMMARY: This property is part of the 696.6 tract of land rezoned and approved as PD-27 by the Town Council in May, 2006. A preliminary plat for Neighborhoods 1, 2, 5, 6 & 7 consisting of 433.36 acres and 911 lots was recommended for approval by the Planning & Zoning Commission on December 7, 2006 and approved by the Town Council on December 18, 2006. The Planning & Zoning Commission approved a one- year extension of these plats on December 6, 2007. The final plat for Neighborhood 2, Phase 2H consists of 32 residential, Lot Type 2, minimum 10,000 sq. ft. lots, with those lots abutting the golf course (Lots 22-31, Block BB) at a minimum 11,000 sq. ft. per lot. This lot type is designed to allow single family detached dwellings. No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. Each residence must be a minimum 2,000 sq. ft. dwelling unit unless on a golf course which must be a minimum 2,250 sq. ft. Those residences with more than one (1) story shall have a minimum first floor area of 2,000 sq. ft. (including garage area). The following setbacks are required: Front Yard: 25 feet minimum Rear Yard (Golf Course): 35 feet minimum Rear Yard: 25 feet minimum Side Yard (Golf Course): 10 feet minimum Side Yard: 7.5 feet minimum Side Yard Adjacent to Street: 15 feet minimum 17 The following area regulations are required: Lot Width: 80 feet minimum Lot Width Adjacent to Street: 90 feet minimum Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac): 100 feet minimum TRAFFIC IMPACT ANALYSIS: Offsite traffic improvements are triggered at different stages of the development of The Highlands at Trophy Club. The development is divided into three “stages”: Stage I – 741 platted lots Stage II – 485 platted lots Stage III – 338 platted lots This plat will bring the total platted lots to 642 representing 87% of Stage I. Offsite traffic improvements are not triggered by this plat. STAFF REVIEW AND RECOMMENDATION: Staff and Town Engineer, Tom Rutledge, have reviewed the plat and determined that it complies with the Comprehensive Zoning Ordinance and Comprehensive Land Use Plan. Staff recommends approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission reviewed this request on June 5, 2008. The following are the draft minutes and the motion from that meeting: Chairman Hill announced the case and stated that his examination of the plat found nothing to be questioned. He asked each Commissioner if they had questions. Each stated that they did not. Chairman Hill asked if the Applicant wished to add anything. Mr. Salzman stated that he did not have anything to add. Chairman Hill asked Mr. Rutledge if he had anything to add. Mr. Rutledge stated that the plans were reviewed and the applicant has addressed all comments. Chairman Hill read portions of the staff report and then asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 5-15, Block X and Lots 11-31, Block BB, The Highlands at Trophy Club Neighborhood 2, Phase 2H (11.047 acres). Commissioner Ashby so moved. Commissioner Sheridan seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sheridan Nays: None Action: 6-0, Approved Attachments: Application and Site Development Plan Traffic Impact Analysis Memo Engineering Approval, Plat, and PD-27 Lot Type 2 Regulations 18 19 20 21 22 TEAGUE NALL AND PERKINS Consulting Engineers 1100 MACON STREET FORT WORTH, TEXAS 76102 817-336-5773 FAX 817-336-2813 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge, Date: May 28, 2008 Re: NH 2, Ph. 2 - Final Plan comments have been addressed. The final plat is ready to proceed to P&Z and Council. 23 24 25 26 27 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.2 Water's Edge at Hogan's Glen, Phase 2. Discuss and take appropriate action on a request from Jacobs Carter Burgess on behalf of BDMR Development, LLC to approve a Final Plat of Lots 1-5, Block K, Lots 1-5, Block L, Lots 7-42, Block L, and Lots 1-3, Block M, Waters Edge at Hogan's Glen, Phase 2 (26.925 acres) (FP-08-027) OWNER/DEVELOPER: BDMR Development, LLC 3901 W. Airport Freeway, Suite 200 Bedford, Texas 76021 ENGINEER/LAND PLANNER: Jacobs Carter Burgess 7950 Elmbrook Drive Dallas, Texas 75247 SUMMARY: A preliminary plat of Canterbury Hills (Phase 1 & 2) and Waters Edge at Hogan’s Glen (Phase 2 & 3) was recommended for approval by the Planning & Zoning Commission on November 15, 2007 and approved by the Town Council on December 3, 2007. The preliminary plat consisted of a total of 232 lots and 127.88 acres. This final plat for Waters Edge at Hogan’s Glen, Phase 2 consists of 49 residential lots and 3 common areas for a total of 26.925 acres. This property is a continuation of an existing private, gated, residential neighborhood, Planned Development No. 22, requiring a minimum 15,000 sq. ft. lots. The Homeowners Association (HOA) will maintain the private streets. There will be a gate at Asheville Lane and Indian Creek. No building shall exceed two and a half (2-1/2) stories. The building height shall be determined by the pitch of the roof. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be 3,500 sq. ft. The following setbacks are required: Front Yard: 25 feet minimum Rear Yard: 20 feet minimum Side Yard: 5 feet minimum Side Yard Adjacent to Street: 15 feet minimum 28 The following area regulations are required: Lot Width: 90 feet minimum Lot Depth: 115 feet minimum PARKLAND DEDICATION: Town of Trophy Club Code of Ordinances, Chapter 5 – General Land Use, Article V – Parkland Dedication and Open Space requires a final plat to include a dedication of an area of land to the Town for park purposes, equal to one (1) acres for every 44 proposed dwelling units. Any area smaller than five acres for public park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed on a final plat, the developer shall be required to pay the applicable cash in lieu of land amount. This final plat request consists of 49 dwelling units (lots) and therefore the parkland would be less than 5 acres and, per ordinance, impractical to the Town, which allows the Town Council to require the developer to pay cash in lieu of land. A “note” has been added to the plat indicating that money in lieu of land is required. STAFF REVIEW AND RECOMMENDATION: Staff and Town Engineer, Tom Rutledge, have reviewed the plat and determined that it complies with the Comprehensive Zoning Ordinance and Comprehensive Land Use Plan. Staff recommends approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission reviewed this plat on June 5, 2008. The following are the draft minutes and the motion from that meeting: Chairman Hill announced the case and asked Town Engineer, Tom Rutledge, for any comments. Mr. Rutledge did not have any comments. Chairman Hill read a portion of the staff report and then asked the Applicant for an opening statement. The Applicant had no comments and the Chairman called for discussion. Mr. Sheridan asked why Block L, Lot 6 is not part of this plat. Jim Wiegert, Jacobs Carter Burgess, stated that Lot 6 was taken out of the plat because part of that land is being negotiated as a land swap with the Beck’s. Mr. Sheridan asked if it will be platted in the future and not left as vacated land. Mr. Wiegert confirmed that it will be platted in the future. Mr. Sheridan also asked why Parkland is not dedicated. Chairman Hill read a portion of the Parkland Dedication Ordinance which requires 1-acre of parkland per 44 dwelling units on a final plat. This plat has 49 total dwelling units (lots). The ordinance states that any parkland of less than 5-acres is impractical and the Town Council can then require cash in lieu of land. Chairman Hill stated that the Planning & Zoning Commission’s responsibility with a final plat is to review the dedication of land as part of the recommendation for acceptance or denial. If the final plat presented proposes fewer than 220 dwelling units (equivalent to 5-acres of parkland), then the Commission shall 29 consider the validity of the final plat and in its recommendation to the Town Council note that parkland is not addressed and the Council should determine cash in lieu of land. Mr. Sheridan asked if that is the ordinance and asked for a copy. Ms. Huggins will send him a copy. Mr. Sheridan indicated that he cannot vote for approval of this final plat until he knows that the parkland requirement is met. He would vote for a postponement until it is resolved as this indicates that the developer is not in full compliance with the ordinances because the staff report states that it is “under discussion”. Town Manager, Brandon Emmons, stated that if the plat is being finalized with less than 220 lots, the ordinance does not allow for dedication of land. The vehicle the Town has to secure parkland dedication is within the Subdivider’s Agreement. The Town Council will approve the final plat as recommended by the Planning & Zoning Commission and then the Town Council will withhold any permitting for construction of the infrastructure until several different criteria are met that is spelled out in the Subdivider’s Agreement (i.e., bonding, cash in lieu for parkland). Mr. Emmons explained the formulas allowed by ordinance to calculate cash paid for parkland. He gave examples of other subdivisions (Eagles Ridge, Churchill Downs). Mr. Sheridan stated that he understands and doesn’t disagree, but that the applicant has not met the ordinance or paid cash so he cannot support approving the plat at this time. Ms. Huggins stated the Planning & Zoning Commission, in the motion on this case, can require the applicant to add a note on the plat before it goes to Council that xx amount of acreage of parkland is required but that on this particular plat it would not meet the minimum 5-acre parkland requirement and therefore cash in lieu is needed. Mr. Sheridan stated, “that’s fine, but then the staff report should have stated that the applicant agrees to pay cash and that the amount will be determined by the Town Council, rather than ‘under discussion’.” Chairman Hill asked for other comments or discussion. Commissioner Reed stated that it seems this is a matter for a higher level than P&Z as there isn’t any land to consider. Mr. Sheridan responded that there has been confusion in the past that impacted the trail system and the parks system, with other developers, not necessarily this developer, and he would like to see it addressed with the final plat rather than at some point in the future. Commissioner Ashby asked for clarification of how many lots were involved in this plat and the requirement for parkland per dwelling units. Chairman Hill explained that the plat is for 49 total lots which would require approximately 1.1 acres of parkland. The Parkland Dedication Ordinance states that less than 5-acres of parkland is impractical and therefore the Town Council can require cash in lieu of land. Chairman Hill asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 1-5, Block K, Lots 1-5, Block L, Lots 7-42, Block L and Lots 1-3 Block M, 30 Waters Edge at Hogan’s Glen, Phase 2 (26.925 acres) with the notation that the applicant has not met Parkland Dedication and it is passed onto Council for determination. Vice Chairman Stephens so moved. Commissioner Reed seconded the motion. Ayes: Hill, Stephens, Reed, Ashby, Forest Nays: Sheridan Action: 5-1, Approved Attachments: Application Engineering Approval Plat PD-22 Regulations 31 32 TEAGUE NALL AND PERKINS Consulting Engineers 1100 MACON STREET FORT WORTH, TEXAS 76102 817-336-5773 FAX 817-336-2813 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge, Gary Teague Date: May 28, 2008 Re: Water’s Edge @ Hogan’s Glenn Phase 2 - Final Plan comments have been addressed. The final plat is ready to proceed to P&Z and Council. 33 34 35 36 37 38 39 40 41 42 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.3 Canterbury Hills, Phase 1. Discuss and take appropriate action on a request from Jacobs Carter Burgess on behalf of BDMR Development, LLC to approve a Final Plat of Lots 8-22 and 30-32, Block A, Lots 2-19, Block B, Lots 1-5 and 10-14, Block C, Lots 1-18, Block D, Lots 1-2, Block F, Lots 1-4, Block H, and Lots 1-20, Block J, Canterbury Hills, Phase 1 (42.434 acres). (FP-08-025) OWNER/DEVELOPER: BDMR Development, LLC 3901 W. Airport Freeway, Suite 200 Bedford, Texas 76021 ENGINEER/LAND PLANNER: Jacobs Carter Burgess 7950 Elmbrook Drive Dallas, Texas 75247 SUMMARY: A preliminary plat of Canterbury Hills (Phase 1 & 2) and Waters Edge at Hogan’s Glen (Phase 2 & 3) was recommended for approval by the Planning & Zoning Commission on November 15, 2007 and approved by the Town Council on December 3, 2007. The preliminary plat consisted of a total of 232 lots and 127.88 acres. This final plat for Canterbury Hills, Phase 1 consists of 90 residential lots and 8 common areas for a total of 42.434 acres. This property is straight zoning of R-12 except for four lots, Lots 1-4, Block H, located on Hershey Lane, which are zoned R-15. R-12 SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS: R-12 zoning allows single family detached dwellings on lots of not less than 12,000 sq. ft. No building shall exceed two and a half (2-1/2) stories. Each residence must be a minimum 2,000 sq. ft. dwelling unit unless on a golf course which must be a minimum 2,500 sq. ft. Those residences with more than one (1) story shall have a minimum first floor area of 2,000 sq. ft. (including garage area). A residence on a corner lot must be a minimum 2,500 sq. ft. (all corner lots whether or not golf course lot). The following setbacks are required: Front Yard: 25 feet minimum 43 Rear Yard: 25 feet minimum Side Yard: 10 feet minimum Side Yard Adjacent to Street: 20 feet minimum The following area regulations are required: Lot Width: 90 feet minimum Lot Width Adjacent to Street: 110 feet minimum Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac): 100 feet minimum R-15 SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS: R-15 zoning allows single family detached dwellings on lots of not less than 15,000 sq. ft. No building shall exceed two and a half (2-1/2) stories. Each residence must be a minimum 2,500 sq. ft. dwelling unit, exclusive of garages, breezeways and porches. Those residences with more than one (1) story shall have a minimum first floor area of 2,000 sq. ft. (including garage area). The following setbacks are required: Front Yard: 30 feet minimum Rear Yard: 25 feet minimum Side Yard: 12.5 feet minimum Side Yard Adjacent to Street: 20 feet minimum The following area regulations are required: Lot Width: 90 feet minimum Lot Width Adjacent to Street: 110 feet minimum Lot Depth: 120 feet minimum Lot Depth (corner or cul-de-sac): 100 feet minimum PARKLAND DEDICATION: Town of Trophy Club Code of Ordinances, Chapter 5 – General Land Use, Article V – Parkland Dedication and Open Space requires a final plat to include a dedication of an area of land to the Town for park purposes, equal to one (1) acres for every 44 proposed dwelling units. Any area smaller than five acres for public park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed on a final plat, the developer shall be required to pay the applicable cash in lieu of land amount. This final plat request consists of 90 dwelling units (lots) and therefore the parkland would be less than 5 acres and, per ordinance, impractical to the Town, which allows the Town Council to require the developer to pay cash in lieu of land. A “note” has been added to the plat that money in lieu of land is required. STAFF REVIEW AND RECOMMENDATION: Staff and Town Engineer, Tom Rutledge, have reviewed the plat and determined that it complies with the Comprehensive Zoning Ordinance and Comprehensive Land Use Plan. Staff recommends approval. 44 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission reviewed this plat on June 5, 2008. The following are the draft minutes and the motion from that meeting: Chairman Hill announced the case and asked Town Engineer, Tom Rutledge, for any comments. Mr. Rutledge did not have any comments. Chairman Hill read a portion of the staff report and then stated that he had a question regarding page 45 of the packet, an aerial photo. He stated that Indian Creek drive dead ends and he asked if Street A is the only potential location for development of a road connection across Corps of Engineers land. Mr. Wiegert stated that Sheet 2 of 4 of the plat indicates Street A as dedicated for the access of a loop road. Mr. Sheridan asked if the connecting of Indian Creek with right-of-way by separate instrument will have to be a plat. Mr. Wiegert stated that it will be by deed. Chairman Hill asked for a motion to recommend to the Town Council approval of a Final Plat of Lots 8-22 and 30-32, Block A, Lots 2-19, Block B, Lots 1-5 and 10-14, Block C, Lots 1-18, Block D, Lots 1-2, Block F, Lots 1-4, Block H, and Lots 1-20, Block J, Canterbury Hills, Phase 1, (42.434 acres), with a notation that the applicant has not met parkland dedication which is passed onto the Council for resolution. Commissioner Reed so moved. Vice Chairman Stephens seconded the motion. Mayor Sanders asked who will maintain the common areas in Canterbury Hills as these are big, long areas adjacent to Indian Creek. Mr. Moayedi stated that an HOA will be created to maintain the common areas. He stated that it might be annexed into another HOA or they may come back and ask to gate the street (Asheville Ln.) as a private community. Jim Wiegert stated that common areas 3 & 4 will probably be dedicated to the golf course as it is beside the golf course and is not right-of-way. Mayor Sanders stated that he is raising this question because there are a lot of little spots around Town that the Town is responsible for maintaining and mowing and he would prefer that these areas be maintained privately so as to not become a Town maintenance issue. The motion had already been stated and seconded so the Chairman called for the vote. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sheridan Nays: Sheridan Action: 5-1, Approved Attachments: Application Engineering Approval Plat R-12 Single Family Residential District Regulations R-15 Single Family Residential District Regulations 45 46 TEAGUE NALL AND PERKINS Consulting Engineers 1100 MACON STREET FORT WORTH, TEXAS 76102 817-336-5773 FAX 817-336-2813 PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge, Gary Teague Date: March 15, 2008 Re: Canterbury Hills Phase I - Final Plan comments have been addressed. The final plat is ready to proceed to P&Z and Council. 47 48 49 50 51 52 53 54 55 56 57 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.4 Discuss and take appropriate action regarding amendments to the Subdivider's Agreements for the following neighborhoods of The Highlands at Trophy Club: A. Neighborhood 1, Phase 1C-1 B. Neighborhood 2, Phase 1A C. Neighborhood 2, Phase 1B D. Neighborhood 5, Phase 1D-1 E. Neighborhood 9 EXPLANATION: BDMR Development, LLC, requests amendments to the following Subdivider’s Agreements to allow for issuance of building permits prior to Final Acceptance of the Subdivision: Neighborhood 1, Phase 1C-1; Neighborhood 2, Phase 1A; Neighborhood 2, Phase 1B; Neighborhood 5, Phase 1D-1; and Neighborhood 9. The following items must be completed prior to issuance of any building permits: Streets, Drainage and Storm Sewer, Sewer, Water Distribution System, and Signs. Building permits for 20% of the total homes proposed to be constructed in each neighborhood may be issued prior to the completion of the following: Landscaping, Subdivision Wall, Driveways and Walkways, Lights, and Common Area(s). Each neighborhood will be allowed the following number of permits prior to the completion of all required infrastructure as listed above: Neighborhood 1, Phase 1C-1: 11 homes (20% of 54 residential lots) Neighborhood 2, Phase 1A: 2 homes (20% of 10 residential lots) Neighborhood 2, Phase 1B: 22 homes (20% of 108 residential lots) Neighborhood 5, Phase 1D-1: 9 homes (20% of 43 residential lots) Neighborhood 9: 9 homes (20% of 46 residential lots) Certificates of occupancy will not be issued until all items have been completed and approved by the Town 58 RECOMMENDATION: Staff recommends approval. (ch) Attachments: Redlined Copy of each Neighborhood’s Subdivider’s Agreement 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.5 Discuss and take appropriate action regarding a rate increase for solid waste collection and disposal services provided by Allied Waste. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. PowerPoint Presentation 2. Current Contract 3. Consumer Price Index - Urban Wage Earners and Clerical Workers - South Region 4. Consumer Price Index for All Urban Consumers 5. Consumer Price Index Summary 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Town of Trophy Club All Items April, 2008 205.669 April, 2007 196.73 Change 8.939 % Change 4.54% Cost Factor 100.00% Net Increase 4.54% Fuel April, 2008 457 April, 2007 297.9 Change 159.1 % Change 53.41% Cost Factor 10.00% Net Increase 5.34% Disposal Increase April, 2008 24.88 April, 2007 23.25 Change 1.63 % Change 7.01% Cost Factor 30.00% Net Increase 2.10% Total Increase 11.99% Consumer Price Index - Urban Wage Earners and Clerical Workers - South Region 147 148 149 150 151 152 153 154 155 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.6 Discuss and take appropriate action regarding the award of bid for the Street Bond project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook Hollow Court) and authorizing the Mayor or his designee to execute all necessary contract documents. EXPLANATION: This will be the final construction project utilizing funds authorized by the 2001 Street Bond election. After the first phase of this program the Town had $3.26 million available for street repairs on approved streets. We expended $1.67 million for repairs on Timberline, Greenleaf, and Trophy Club Drives. We have approximately $1.58 million left out of the issue to use on Oak Hill, Avenue 20, Brook Hollow Lane, and Brook Hollow Court. We have also included a paving and sub-drain project in this bid package for Timber Ridge. This street is not eligible for bond proceeds. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Addendum No. 2 2. Bid Proposal 3. Bid Tabulation Report 4. Recommendation will be forwarded under separate copy. 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.7 Discuss and take appropriate action regarding an interlocal agreement between the Town of Trophy Club and Tarrant County for reimbursement for road repairs on Trophy Club streets located within Tarrant County. EXPLANATION: By entering into this agreement, the Town of Trophy Club will be able to seek reimbursement for repairs made to streets located within Tarrant County. Staff has identified portions of four streets that are in need of repair and the estimate cost to perform these repairs is $50,000. RECOMMENDATION: Staff recommends entering into this agreement with Tarrant County. ACTION BY COUNCIL: Attachments: 1. Interlocal Agreement 212 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the________ day of _________, 2008, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as COUNTY, and the Town of Trophy Club acting herein by and through its governing body, hereinafter referred to as the TOWN, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, COUNTY agrees to reimburse the TOWN for the cost of the projects described below: • Rehabilitation of #331, #342, and #336 Inverness Drive • • Rehabilitation of #217, #219, #221, #225, and #227 Pebble Beach Drive • Rehabilitation of Hillcrest Court between #17 and #21 • Rehabilitation of #8 Valley Wood Court 213 The TOWN hereby agrees that the TOWN will pay for any engineering and/or laboratory testing necessary for this project, and that the COUNTY will not be responsible for any payment for such services. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide reimbursement in an amount not to exceed $50, 296.13 to the TOWN for work to be performed on the following streets: Inverness Drive: #331 - 4 panels = 80 sq yd #342 - 2 panels = 40 sq yd #336 - 6’x2’6” curb & gutter = 2 sq yd Pebble Beach Drive: #217 – 2 panels = 40 sq yd #219 – 3 panels = 60 sq yd #221 – 2 panels = 40 sq yd #225 – 2 panels = 40 sq yd #227 – 10’ x 2’6” curb & gutter = 3 sq yd Hillcrest Court: Between #17 and #21 – 5 panels = 100 sq yd Valley Wood Court: #8 – 2 panels = 40 sq yd 2. The TOWN agrees to provide the labor and equipment necessary for the work proposed on the above projects. 3. The COUNTY agrees to pay the TOWN for the labor, equipment, and materials for the above projects in an amount not to exceed $50, 296.13 4. The TOWN agrees it will be responsible for traffic control on this project. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. 5. The TOWN is responsible for the adjustment of all manholes, valves and other utilities for these projects. 6. The TOWN agrees that if a Storm Water Pollution Prevention Plan is required, the TOWN will be responsible for the design and development of the Plan. The TOWN will be responsible for the implementation and maintenance of the Plan for the duration of the project. The TOWN further agrees to pay for all costs (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. 214 By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. TOWN: ___________________________________ Authorized TOWN Official ATTEST: TOWN _________________________________ TOWN Secretary TARRANT COUNTY: ____________________________________ B. GLEN WHITLEY, County Judge ATTEST: COUNTY _____________________________ 215 __________________________________ GARY FICKES, County Commissioner Precinct Three *APPROVAL AS TO FORM: ______________________________ District Attorney’s Office * By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorneys. 216 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.8 Discuss and take appropriate action regarding a Resolution of the Town providing written consent to the annexation of an approximate 2.503 acre tract of land situated in the W. Medlin Survey, Abstract No. 829 and located within the Town's corporate boundaries, into the boundaries of Trophy Club Municipal Utility District No. 2. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Resolution providing Town consent, including: Exhibits: 1. Legal Description 2. Map 3. Consent Conditions 4. Petition to Annex Certain Land into Trophy Club Municipal Utility District No. 2 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.9 Discuss and take appropriate action regarding the dates of the regularly scheduled Town Council meetings for September, 2008. EXPLANATION: Staff would like for Council to consider rescheduling the regularly scheduled meetings on September 1st and 15th to September 8th and 22nd. Moving the September meetings would still allow one week between the September 22nd and October 6th meeting. Current Meetings scheduled: August 4th and 18th September 1st and 15th October 6th and 20th RECOMMENDATION: ACTION BY COUNCIL: (BE) Attachments: None 235 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.10 Discuss and provide input regarding amendments to Article I, “Parks and Recreation Board” of Chapter 9, “Parks and Recreation,” of the Code of Ordinances EXPLANATION: At their April 1, 2008 meeting, Park Board voted in favor of adopting the proposed revisions made to the current Park Ordinance pending Council approval. Proposed revisions are in redline format below. After receipt of input by Council, the ordinance will be put in final form and an ordinance amending Chapter 9 of the Code of Ordinances will be submitted to Council for final action. RECOMMENDATION: ACTION BY COUNCIL: (aa) Attachments: 1. Park Ordinance 2005-27 with proposed amendments (codified at Chapter 9, Article I of the Code of Ordinances) 236 237 238 239 240 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.11 Items for Future Agenda. Items for Future Agendas: 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) 3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to speed limit reduction. (Council member Moss) 4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 7. Annual update and presentation by the Park Board. (August 4, 2008) 8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 9. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 10. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 11. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08) 12. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 13. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. (Council member Wilson – 5/5/08) 241 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.12 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. (b) Town Council report from EDC 4B Liaison, Council member Strother. 242 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-16-2008 Subject: Agenda Item No.C.13 Adjourn 243