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Minutes TC 04/07/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 7, 2014 at 5:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, Apri17, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem, Place 2 Philip Shoffner Council Member, Place 6 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Bill Rose Council Member, Place 1 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Danny Thomas Fire Chief Steven Glickman Finance Director Adam Adams Parks & Recreation Director Mayor White announced the date of Monday, April 7, 2014 called the Town Council to order and announced a quorum at 5:03 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 7, 2014. Council Member Shoffner requested agenda item # 11 be pulled from consent in order to discuss this item during regular session. Agenda Item # 11 was discussed during the workshop and therefore was not pulled from the consent agenda. Council Member Lamont requested agenda item # 14 be pulled from consent in order to discuss this item during regular session. Agenda Item # 14 was discussed during the workshop and therefore was not pulled from the consent agenda. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 21, 2014. April 7, 2014 Minutes Page 1 of 8 3. Presentation and update by Tom Batenhorst, GSBS Architects regarding joint facility planning; discussion of same. Council received a presentation by Tom Batenhorst providing updated renderings for the proposed Town Hall & Police Department joint facility. The new concepts feature a more traditional design with windows and natural light, as well as a place holder for a potential future civic center. Also included was a Plaza area for public space and the opportunity to capture the view of the golf course behind the facility. A shared gallery (circulation hallway) separates the secured Police Department portion from Town Hall and could serve as a reception space to potentially house local artwork, golf memorabilia, various exhibits, etc. The plan incorporates about 165 parking spaces. Four design options (attached) were presented to Council allowing for discussion of likes and dislikes. Option 2 was favored by the majority of the Council and the architects will continue to refine based upon Council's feedback and work through facility plans. CONVENE INTO REGULAR SESSION - START TIME — 6:22 P.M. The Invocation was offered by Chief Thomas. The Pledges were led by Council Member Shoffner. EXECUTIVE SESSION 4. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2). "Consultation with Attorney" to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: (1) Interlocal Agreement between the Town and Trophy Club Municipal Utility District No. 1 for service to the PID B. Texas Government Code Section 551.071(2) "Consultation with Attorney" and Texas Government Code Section 551.072 "Deliberations about Real Property" to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Joint Police and Town Hall Facility Property and related negotiations. CONVENE INTO EXECUTIVE SESSION - START TIME — 6:25 P.M. RECONVENE INTO REGULAR SESSION - START TIME — 7:39 P.M. RECONVENE INTO REGULAR SESSION 5. Consider and take appropriate action regarding the Executive Session. No action taken. April 7, 2014 Minutes Page 2 of 8 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 6. Consider and take appropriate action regarding the Minutes dated February 26, 2014. 7. Consider and take appropriate action regarding the Minutes dated March 3, 2014. 8. Consider and take appropriate action regarding the Minutes dated March 17, 2014. 9. Consider and take appropriate action regarding the Minutes dated March 19, 2014. 10. Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Tarrant County for administration of the May 2014 Town election; and authorizing the Mayor or her designee to execute all necessary documents. 11. Consider and take appropriate action regarding an agreement between the Town and GVT.US, LTD (Subcontractor of Intermedix) to provide the Town with past due ambulance collections for out -of -district emergency services customers; and authorizing the Mayor or her designee to execute all necessary documents. 12. Consider and take appropriate action regarding an agreement between the Town and the City of Fort Worth establishing terms and conditions for the use of Fort Worth's Trunked Voice Radio Systems in connection with the provision of mutual aid assistance; and authorizing the Mayor or her designee to execute all necessary documents. 13. Consider and take appropriate action regarding an Ordinance repealing Section 6.01, "Rules of Procedure" of Article VI, "Town Council Rules of Procedure", of Chapter 1, "Administration" of the Code of Ordinances and adopting a new Chapter 1, Article VI, Section 6.01 "Rules of Procedure"; providing for the incorporation of premises, providing for an amendment; and providing an effective date. 14. Consider and take appropriate action regarding the First Modification to Neighborhood 4, Isle of Turnberry, Subdivider's Agreement by and between the Town and Standard Pacific of Texas, Inc., and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council Member Mayer, seconded by Council Member Lamont, to approve the Consent Agenda as corrected at the Dias. Motion passed unanimously. PUBLIC HEARING 15. Conduct a Public Hearing to consider the advisability of the creation of Reinvestment Zone Number Two, Town of Trophy Club, Texas, for tax increment financing purposes, the proposed zone being located within April 7, 2014 Minutes Page 3 of 8 the boundaries of the Town on approximately 45 acres and located in the south central portion of the Town of Trophy Club near the intersection of State Highway 114 and Trophy Club Drive and other matters related to the proposed Zone. CONVENE INTO PUBLIC HEARING - START TIME — 7:41 P.M. David Pettit, with David Pettit Economic Development, LLC provided an overview of TIRZ #2 preliminary project and financing plan (attached) and answered questions. TIRZ #2 is approximately 45 acres located at SH114 at Trophy Club Drive and includes several property parcels which include the large 26 acre parcel (PD -30), approximately 1.5 acres located between 7-11 and First Financial Bank (PD -13), 300 Trophy Club Drive (office building), municipal facilities property, and portions of Indian Creek, Trophy Club Drive, and Municipal Drive. The majority of the property contained within the proposed TIRZ is undeveloped land. The estimated appraised value (based on uses) would be approximately $150 million and the anticipated new tax revenue generated during the life of the TIRZ (32 years) would be more than $190 million. The following citizens addressed the Town Council regarding this agenda item: • Jim Parrow, 8 Brookfield Court RECONVENE INTO REGULAR SESSION - START TIME — 8:03 P.M. REGULAR SESSION 16. Consider and take appropriate action regarding an Ordinance of the Town designating a certain contiguous geographic area in the Town as "Reinvestment Zone Number Two, Town of Trophy Club, Texas"; creating a Board of Directors for the Zone; providing effective and termination dates for the Zone; establishing a Tax increment Fund for the Zone; containing other matters related to the Zone; and providing an effective date. Every entity that participates in the TIRZ gets a seat on the TIRZ Board. Holding a public hearing and considering the TIRZ ordinance is the first step in the process. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to approve an ordinance establishing a Tax Increment Fund for the Zone. Motion made by Council Member Shoffner, seconded by Council Member Lamont to postpone the previous motion to May 5, 2014. Council Member Shoffner would like to see if Trophy Club Municipal Utility District No. 1 is interested in participating. Motion failed 2-3-0 with Council Member Shoffner and Council Member Lamont, voting for and Council Member Mayer, Mayor White and Mayor Pro Tem Tiffany voting against. Original motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to approve an ordinance establishing a Tax Increment Fund for the Zone failed 3-2-0 with Council Member Mayer, Mayor White and Mayor Pro Tem Tiffany voting for and Council Member Shoffner and Council Member Lamont voting against. 17. Consider and take appropriate action regarding a Resolution appointing citizens to serve on the Board of Directors for the newly created Reinvestment Zone Number Two, Town of Trophy Club, Texas; appointing a member of the Board of Directors of the Reinvestment Zone Number Two to serve as a chairperson for the board and designating staggered terms of service; providing for the appointment of a Chairperson; and providing an effective date. No action. Establishing TIRZ #2 failed on previous agenda item. 18. Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town Of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2014 in the approximate April 7, 2014 Minutes Page 4 of 8 aggregate principal amount of $2,500,000 for the purpose of paying contractual obligations for the purchase of land for a joint police and town hall facility, facility design costs, and various costs related thereto; levying a tax, and providing for the security for and payment of such certificates; approving the official statement; enacting other provisions relating to the subject; and declaring an effective date. The Town's Financial Advisor, Mark McLiney, Southwest Securities, gave an overview of the seven (7) bids that were submitted today on the issuance of the $2.5M Certificates of Obligation. The low bid = 3.037298%. After first payment, monthly payments would be $172-$173k. The Town was recently upgraded to AA+ bond rating, the second highest rating Standard & Poor offers, which helped secure a competitive interest rate. Motion made by Council Member Mayer, seconded by Council Member Lamont, to approve Ordinance 2014-08 authorizing the issuance of Combination Tax and Revenue Certificates of Obligation in the approximate aggregate principal amount of $2.5 million for the purchase of land for a joint police and town hall facility, facility design costs, and various related costs. Motion passed unanimously. 19. Consider and take appropriate action regarding the acceptance of the Audit for the Town of Trophy Club, Fiscal Year 2012-2013. Presentation (attached) of the Comprehensive Annual Financial Report (CAFR) and audit results were given by Shawn Parker, with auditor firm Weaver and Tidwell, LLP. This year was the first time in Trophy Club history that the independent auditors report issued a clean opinion. The overall financial position of the Town increased 6%, or $4.2 million from 2012 to 2013. The overall fund balance increased from $4.1 million to $5 million from 2012 to 2013. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to acceptance of the Audit for the Town of Trophy Club, Fiscal Year 2012-2013. Motion passed unanimously. 20. Receive the Final Report of the Blue Ribbon Panel and its findings relative to the current governmental structure of the Town of Trophy Club; discuss and take appropriate action regarding same. This item was moved up and discussed prior to agenda item #18. Blue Ribbon Panel Chair Jay Como and Vice Chair Nicole Fontayne presented the Blue Ribbon Panel Final Report (attached). Leadership was a primary issue and the Blue Ribbon Panel calls for communication amongst the Town and Trophy Club MUD No. 1. The panel examined the legal, organizational, financial and economic development aspects and each subcommittee offered recommendations to Council. Jay Como, Chair presented the finance subcommittee findings and recommendations. 1. Addressing a merger with Trophy Club Municipal Utility District No. 1 only when necessary, i.e. only when Westlake has left Trophy Club Municipal Utility District No. 1 2. Remaining involved in the Westlake buyout process if it happens to help shape the best and prudent scenario for Trophy Club 3. Considering annexation of the PID by Trophy Club Municipal Utility District No. 1 Nicole Fontayne, Vice Chair presented the governance subcommittee finding and recommendations. 1. Consent to a possible Trophy Club Municipal Utility District No. 1 Annexation of the PID (short term) 2. Transfer the control of the Trophy Club Fire Department to the Town of Trophy Club 3. Continue to work toward a long term solution of consolidation with Trophy Club Municipal Utility District No. 1 to become a full service Town April 7, 2014 Minutes Page 5 of 8 4. Other various organizational recommendations outlined in the Governance Subcommittee Report No action taken. 21. Consider and take appropriate action to create a subcommittee of Council members to interview and make a recommendation to the Town Council for appointment of members to serve on the Town's Ethics Commission. Multiple vacancies need to be filled on the Ethics Commission and this item allows for a subcommittee of Council Members to interview the candidates, make recommendations for appointment and select alternates. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to appoint Council Member Lamont and Mayor Pro Tem Tiffany to serve on a subcommittee to interview and make recommendations to appoint members to serve on the Town's Ethics Commission. Motion passed unanimously. 22. Consider and take appropriate action to designate a site for the installation of the Dinosaur Playground. -Chis agenda item was moved up and discussed after agenda item #t17. Adam Adams, Parks and Recreation Director discussed the different locations proposed for the Dinosaur Playground sharing the pro's and con's for each location (attached). The locations under consideration include (1) Freedom Dog Park (2) Independence Park East (3) Harmony Park. Staff recently reached out to the Trophy Club Families organization as a focus group and invited them to respond to staff with their choices for the dinosaur playground. Currently it is about 10 to 1 in favor of the Freedom Park Location with Harmony coming in second. Staff recommends that the Dinosaur Playground be located at Freedom Park in addition to recommending that the NEOS electronic playground be relocated within Independence East where it should receive a higher level of use. The following citizens addressed the Town Council regarding this agenda item: • Jim Parrow, 8 Brookfield Court • Jaime Powell, 2518 Strathfield Lane • Rachel Koch, 309 Parkview Drive Received the following email requesting to be read at the Town Council meeting: • Loralea Seale, 5 Greenbrook Court. My concern with the currently proposed locations is that families with older siblings are not being considered. This common family situation should weigh into the decision on where to locate the toddler playground. With all but the Harmony Park option, the locations do not service older siblings along with the toddlers. 1 believe that most families in our town, who have children, have more than one child. At some point the two or more children will be in different age groups, at least one toddler and at least one older sibling. I don't understand what parents are expected to with their older children that are still relatively young children, though not toddlers. It seems unreasonable to expect the older children to sit and watch their younger siblings play on a playground that they can't use. And then after playing at the toddler playground, take the older sibling(s) to an age appropriate playground while trying to entertain a tired and restless toddler. I think the best solution would be to have multiple playgrounds in close proximity so as to provide services for the entire family in one location. Thank you for your time and consideration. Loralea Seale April 7, 2014 Minutes Page 6 of 8 Kelly Akin, Animal Control Officer spoke at the request of Council Member Lamont and she does not feel Freedom Dog Park is the safest location to co -locate with a toddler playground and would like to see some extra precautions taken to provide additional safety for the toddlers should this location be selected. Kelly indicated that Freedom Dog Park should have safety measures in place so that all parties have a good time at Freedom Park. To date, the dog park has had no reports of a dog biting a human. Additional signage, education and enforcement will be required to ensure Dog Park users properly leash dogs in the parking lot and follow the rules. If approved, the playground could be installed as early as 60 days. Motion made by Mayor Pro Tem Tiffany, seconded by Council Member Mayor, to designate Freedom Dog Park as the site for the installation of the Dinosaur Playground. Motion passed unanimously. 23 Town Manager Slye's update regarding the following; discussion of same. • Animal Shelter Advisory Committee — March 25, 2014 • Alliance Development Forum — March 28, 2014 • Tom Thumb Fuel Station Ribbon Cutting Ceremony - April 8, 2014 • Congressional Medal of Honor Escort - Wednesday, April 9, 2014 • Council Meeting Calendar - April/May Town Manager Slye updated the Council and addressed questions; no action taken, update only. 24. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. • Chamber Luncheon — April 1, 2014 • Emergency Preparedness Planning Council — April 3 • Metroport Meals on Wheels — April 4, 2014 Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 25. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Council Member Mayer asked that "Consider and take appropriate action regarding moving council meetings to another day possibly Thursday" be placed on the list. Mayor Pro Tem Tiffany requested the following items either be removed or prioritized from the items for future agendas list: 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) — This item is on the next Town Council Agenda 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose 4/26/10) 4. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell 5/7/2012) April 7, 2014 Minutes Page 7 of 8 5. Review of #10 of Chapter 8 "Nuisances", Article I "Noise Nuisances", Section 1.01 "Nuisances Defined" (Schroeder 6/21/2012) 6. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder 8/20/2012) 7. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White 1/21/2013) — Last time the ethics commission meet they did not want to change the ordinance 10. Discussion regarding animal shelter long and short term facility. (11/18/2013) — currently under consideration and Mayor White would like to keep this on the list in order for citizens to know we are addressing this (Redlined future agenda items list attached.) ADJOURN Motion made by Council Member Mayer, seconded by Council Member Lamont, to adjourn. Motion carried unanimously. 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The Blue Ribbon Panel consisted of twelve (12) citizens who currently do not serve as an elected official for the Town of Trophy Club or Trophy Club Municipal Utility District No. 1. Slue Ribbon Panel Members James Como, Chair, served on Finance Subcommittee Nicole Fontayne, Vice Chair, served on Governance Subcommittee Sandra Millett, Panel Secretary Patrick Arata, served on Governance Subcommittee Ronald Bieker, served as Liaison to Trophy Club Municipal Utility District No. 1 Wesley Carlton, served on Finance Subcommittee Mitchell Christoffer, served on Governance Subcommittee Robert Duncan Ronald Eddins, served as Liaison to TC MUD1 & Governance Subcommittee Wanda Franklin, served on Finance Subcommittee Timothy Gamache, served on Governance Subcommittee Joe Henning, served on Governance Subcommittee Robert Hillman, served as Liaison to TC MUD1 Reeommendations from the Governance Subcommittee 1. Consent to a possible Trophy Club Municipal Utility District No. 1 Annexation of the PID (short term) 2. Transfer the operational control of the Trophy Club Fire Department to the Town of Trophy Club 3. Continue to work toward a long term solution of consolidation with Trophy Club Municipal Utility District No. 1 to become a full service Town 4. Other various organizational recommendations outlined in the Governance Subcommittee Report Reeoimnendations from the Finanee Subeonnnittee 1. Addressing a merger with Trophy Club Municipal Utility District No. 1 only when necessary, i.e. only when Westlake has left Trophy Club Municipal Utility District No. 1 2. Remaining involved in the Westlake buyout process if it happens to help shape the best and prudent scenario for Trophy Club 3. Considering annexation of the PID by Trophy Club Municipal Utility District No. 1 The following pages are the detailed reports from the Governance and Finance Subcommittees. Blue Ribbon Panel Final Report Page 2 of 13 Blue Ribbon Governonee Snbeommittee Report to Town Conned Introdacdon The Trophy Club Blue Ribbon Panel was empanelled by the Trophy Club Town Council to "investigate the optimal solution to the future Trophy Club Municipal Utility District No. 1 and Town government structure by: • Examining the current government structure in Trophy Club, • Researching best practices for municipal government and • Providing a recommendation to the Council regarding a local government consolidation. In order to expedite its work the Blue Ribbon Panel divided into two subcommittees Finance and Governance. The Finance Committee focused on the financial analysis of various scenarios, while the Governance Committee investigated the organization and governance questions of the government structure. This report encompasses the review and recommendations of the Governance Committee. Approach The Governance Committee outlined inputs for study to ascertain the options and recommendations to the Town Council. The elements included: • Existing document review of Town and Trophy Club Municipal Utility District No. 1 contractual documents and past reports • Observation of poor employee cooperation and coordination o Interviews and Comments — Our goal was to talk with parties who could describe and provide input on the impact of the current organizational and governance structure. In addition, to the formal interviews listed below the committee received input from Trophy Club Municipal Utility District No. 1 Board and Citizen Advisory Board members via email and comments at our meetings. Mayor Connie White addressed the full Blue Ribbon Panel; several Council members attended the Governance Committee meetings on a fairly routine basis. o Town Manager o MUD District Manager o Fire Chief o Contractor/Developer M Ci pod rY:Y it Leadership "Everything rises and falls on leadership" John Maxwell Water is the primary resource required to sustain life. As such, it has been the source of conflict throughout the ages. Wars have been fought for the right to control water. The current conflict over governance of the water utility in Trophy Club is the 21St century iteration of this age old battle. Blue Ribbon Panel Final Report Page 3 of 13 At the same time citizens expect that its governing bodies will work together for the benefit of all. The current conflict is very difficult and permeates every level of the two organizations. The organizations have different cultures and strategic visions and goals which are not easily reconciled. Therefore, our total local governance process does not function as efficiently or as effectively as it should. The conflict between the Town and Trophy Club Municipal Utility District No. 1 has been further exacerbated by the Town of Westlake's desire to separate from Trophy Club Municipal Utility District No. 1. The three way conflict now has the attention of state legislative officials, who have convened meetings with the three jurisdictions. Legal Issues The only provision in the Local Government Code to affect the consolidation of Trophy Club Municipal Utility District No. 1 in the current configuration, i.e., Trophy Club Municipal Utility District No. 1 district boundaries crossing two separate municipal town limits; would be by means of a Strategic Partnership Agreement in which all three governmental agencies would have to agree to the terms of a proposed agreement in accordance with Section 791.026 of the Texas Government Code and Section 43.076 of the Texas Water Code. There has been no progress since the Town of Trophy Club introduced a proposed agreement in May 2013; and there appears to be no effort on any agencies part to consider this strategy. The committee recognizes that the political environment does not currently support the concept of consolidation; therefore, the potential for annexation of the PID by the Trophy Club Municipal Utility District No. 1 was explored. The Governance Subcommittee requested an opinion from Patricia Adams, Trophy Club Town Attorney regarding the following questions: • Is there any law that will prevent the annexation of the PID into the Trophy Club Municipal Utility District No. 1? • Under what circumstances can the PID be annexed into the Trophy Club Municipal Utility District No. 1? Mrs. Adams response is included below in its entirety: 49.301, Water Code — owners of all of the tracts may petition the MUD board requesting annexation. The petition requires landowners to assume any outstanding and future authorized MUD bond debt, and authorizes MUD to levy taxes on the tract. The MUD board makes findings of feasibility [and, subject to consent of City pursuant to 54.016(a) and (d)], MUD adds the land by adoption of an order. There is no MUD hearing or election required for annexation by the MUD under this section. However, the petition could request the annexation to be subject to conditions, including the future issuance of bonds to serve the annexed area. OR Blue Ribbon Panel Final Report Page 4 of 13 49.302, Water Code - owners of less than all of the land proposed to be annexed may petition the MUD board for annexation. This would require the signature of owners of a majority in value of the tract as confirmed by the tax rolls to be annexed or at least 50 owners if there are more than 50 owners of lots and parcels comprising the tract. Under this section, a public hearing is required on the petition and proposed annexation after publication of notice. If upon conclusion of the hearing, the annexation is found by the MUD board to be feasible [and, subject to consent of the Town pursuant to 54.016(a) and (d)], the MUD may adopt an order adding the land to its boundaries. The MUD board is then required to call an election within the District on the question of whether the annexed area should assume its pro rata share of the outstanding MUD tax supported debt and taxes. The MUD may also add another proposition as to whether the tract should assume it's pro rata part of any future tax bonds and taxes previously authorized but not yet issued. If the election is successful, then the tract shall bear its pro rata share of the outstanding debt and taxes, and if the election included the additional proposition, future MUD debt and taxes. In the order calling the election, the MUD board may provide that the annexation is not final unless the election results favorably to the assumption of the MUD's outstanding, and possibly future, bonds and taxes. 54.016, Water Code — Pursuant to subsection (a), no land within the corporate limits of a city shall be included within a MUD unless the city grants its consent in accordance with section 42.042, Local Government Code, and section 54.016 by resolution or ordinance. A petition to the Town is required; and it must be executed by the owners of a majority in value of the tract, or if there are more than 50 owners, at least 50 owners of lots/parcels within the tract. The contents of the petition are set out in this subsection. Pursuant to subsection (d), this same requirement and process "shall apply whether the land is proposed to be included in the district at the time of creation of a district or to be included by annexation to a district." However, the remedies for failure or refusal of a city to grant consent provided in subparagraphs (b) and (c), do not apply where the land to be added is within the city's corporate limits. Subparagraph provides, in part, as follows: "Under no circumstances shall land within the corporate limits of a city be included in a district without the written consent, by ordinance or resolution, of the city." The election would be held "in the district, as enlarged by reason of the annexation of the area". So, all voters residing within the area proposed to be annexed by the MUD are permitted to vote, as well as the voters in the district prior to the proposed annexation. A person who did not sign the petition, and who does not want to be annexed must appear at the hearing to protest the Blue Ribbon Panel Final Report Page 5 of 13 annexation. The Board has discretion not to include all of the land described in the petition if at the hearing a deletion is found "necessary or desirable" by the board. Sections 49.301, 49.302, and 54.016 do not provide authority for the proposition that an addition of land by a district under those sections effectuate a transfer of ownership of any municipal water or sewer facilities serving the added land. Additionally, a transfer of ownership of infrastructure is not legally allowed when there is outstanding bond debt for that infrastructure. GQovernARee (PID) When the PID (Public Improvement District) was considered in 2007, an agreement with the Town, the Developer, and the Trophy Club Municipal Utility District No. 1 was necessary to secure Water and Wastewater service for PID customers. This was necessary because the designated PID area was not within the Trophy Club Municipal Utility District No. 1 approved boundary. The Town Council elected to create a PID, and seek water/wastewater services rather than expanding the Trophy Club Municipal Utility District No. 1 boundary to include what is now the PID. An agreement between the Town and the Trophy Club Municipal Utility District No. 1 was accomplished and continues today. The original agreement has worked well, but change is inevitable. Since the original agreement is now approaching completion (2018), an opportunity exists to review, revise and extend the PID agreement. With a NEW approach, there appears to be beneficial changes that can benefit the PID residents and the Trophy Club Municipal Utility District No. 1, if a new Agreement can be accomplished. The original agreement stipulated that all PID residents would pay the same water and wastewater rates as the rest of Trophy Club residents. It also agreed that the PID residents would pay the same amount as other town residents for Fire/Emergency Services. However, this fee is billed as an annual Assessment to each PID resident annually, not a tax. A tax for water and wastewater service was not appropriate due to the PID not being a part of the Trophy Club Municipal Utility District No. 1. It is important to note that taxes are deductible on federal tax returns, while assessments are not. Originally, to accomplish the request for services, the Trophy Club Municipal Utility District No. 1 required payment by the PID in the total amount of $4 million for access to water and wastewater services from the Trophy Club Municipal Utility District No. 1. The $4 million dollar Access Fee was calculated using the PID's proportionate amount of the associated debt of the Trophy Club Municipal Utility District No. 1. This was later reduced to $3.26 million due to payments made by the developer ($540K) on behalf of the PID and a $200K credit to the Trophy Club Municipal Utility District No. 1 for participating in the increased capacity of the proposed elevated water tower that now exists near Byron Nelson High School. The remaining $3.26 million was to be paid by each property owner in the PID by way of a one-time $2,300 access fee. During the development of the PID, 10 lots were repurposed to accommodate drainage and open space requirements reducing the total number of PID lots to 1,407. The resulting Blue Ribbon Panel Final Report Page 6 of 13 amount due the MUD then became $3,236,100 (1,407 X $2,300). To date, 177 lots remain to be sold/built (12.6%). Eeononfe Development Trophy Club has experienced incredible growth over the past few years. This growth has put a lot of pressure on both the Town and Trophy Club Municipal Utility District No. 1 as they attempt to keep up with the design and construction demands. Streamlined processes better serve the community, improve project success and ensure time and cost efficiencies. When the town receives a development project plans are submitted for the Town and Trophy Club Municipal Utility District No. 1 to review and approve. Part of this proposal includes establishing a timeline for project completion. It is the responsibility of the town to ensure that the critical path milestones are met and penalties and delays are not incurred. The project process includes specification and design submissions. One of the local developers who has been awarded Trophy Club contracts stated whereas a normal city project would be estimated at 45 days to completion, they plan a 4-6 month estimate for Trophy Club. It appears that this issue can be improved with the appropriate authority's and flexibility given the two managers of each organization for planning and change order changes without having to take decisions back to the respective elected bodies. Project management requires considerable collaboration and cooperation between levels of review and ownership. If the review process and project execution is not properly managed and delays ensue, the project gets delayed and cost penalties are incurred. Project changes and delays can be very costly in a project. When contractor or developer has an issue with a project, they need a single contact that can give them a prompt response that will not cause a delay in the project. During design reviews, it is essential that errors and/or changes are caught and/or made at the earliest possible step in the process. The current arrangement creates significant delay as the multiple entities structure of Town and Trophy Club Municipal Utility District No. 1 require multiple meetings and approvals in order to provide the A/E with a decisive answer. The committee supports the recent addition of a single engineering firm who represents both Town and Trophy Club Municipal Utility District No. 1 and draws promptly from appropriate authorities when collaboration and consensus is required. Changes are the biggest nemesis to the design and construction process. Often times a "correction" not discovered early, turn into a significant "change" further down line in the review process. Changes are both costly and time consuming. Major changes can completely derail a project or create budget over runs that can't be made up without additional budget approvals, also causing delays. When there is not a sole owner of a project, the risk is much higher that these impacts will occur. Communication is imperative between both organizations for any future successful capital improvement project in Trophy Club. At the same time, the economic development process is impacted by the necessity for the Town to address issues outside of its control, but necessary to insure success. These issues Blue Ribbon Panel Final Report Page 7 of 13 include: a very vibrant political climate in Trophy Club and wide variations in the quality of developer submissions. Orgaat�a�on The Governance Subcommittee finds the dual reporting relationship of the Fire Chief, reporting to the Town and Manager and District Manager ineffective. There are two administrative chains of command. The Fire fighters are in the Trophy Club Municipal Utility District No. 1 organization and the EMS staff is in the Town. In addition, Fire Marshall duties that are currently the responsibility of the Fire Chief, are appointed by and directed by the Town Manager has posed an operational conflict when reviewing development plans as the Fire Marshall, but answering to the Trophy Club Municipal Utility District No. 1 for fire operations. This also requires the Fire Chief to prepare and submit two budget submissions in addition to other duplicative administrative tasks. He indicates that approximately 90% of his time is consumed in administrative tasks. The Town is ultimately responsible for public safety. The dual reporting relationship only works due to Fire Chief Danny Thomas' extensive skill and experience. Other redundancies and efficiencies exist due to the current Trophy Club Municipal Utility District No. 1/Town structure, which are acknowledged by both organizations. These include Human Resources, Finance, Tax Assessment and others. Trophy Club Municipal Utility District No. 1 Board members assert that this is due to unsatisfactory performance on the part of the Town. RECOMMENDATIONS The following recommendations are respectfully submitted for Town Council's consideration: 1. Consent to a possible Trophy Club Municipal Utility District No. 1 Annexation of the PID (Short Term). 2. Transfer the operational control of the Trophy Club Fire Department to the Town. 3. Continue to work toward a long term solution of consolidation with Trophy Club Municipal Utility District No. 1 to become a full service Town. 4. Other various organizational recommendations outlined in this report. Leadership The Governance Committee believes it is essential for the leaders of the Town of Trophy Club and the Municipal Utility District to dramatically improve the communication, culture and issues related to the current conflict. • The Town of Trophy Club Council and The Trophy Club Municipal Utility District No. 1 Board should set a tone of cooperation and collaboration by: o Focusing on what is best for the citizens as a whole, o Establishing common goals and performance metrics for the Town and the Trophy Club Municipal Utility District No. 1 relating to collaboration, o Keeping a keen focus on opportunities to unify the town rather than create divisiveness, Blue Ribbon Panel Final Report Page 8 of 13 o Develop a process to determine when to use alternative dispute resolution services, such as a mediator or umpire when an impasse occurs, o Actively engaging in alternative dispute resolution services when the process is activated. Gwovepmmee and ® 'on An important organizational change of note in this recommendation is that the Fire Department should come under a single administrative chain of command, the Town. Create a full service town with the utilities provided by one provider, the Town of Trophy Club. All related changes should be in effect, where possible, by or before the start of the fiscal year beginning October 1, 2014. Upon completion of these recommended changes it is intended that all Trophy Club Residents will be treated equally regarding Water, Wastewater, and Fire/Emergency Services rate provided by the Trophy Club Municipal Utility District No. 1. Eeonomie Development It is the opinion of this committee that one of two things must take place for effective economic development as it relates to project management; 1) establish a single point of contact that has the knowledge and authority to give the appropriate answers to project questions, or 2) establish an effective management structure that allows for quick decision making at the lowest possible level. When there is dual ownership of a project and one or the other has to go to a higher level; i.e. Trophy Club Municipal Utility District No. 1 Board or Town Council, for approval, the A/E or construction process/s are delayed and incurs major cost impacts. The Trophy Club Municipal Utility District No. 1 and the Town of Trophy Club must come together to make decisions that impact development. Single ownership of projects is recommended and players of each discipline involved must recognize and respond to the need for on-time readiness for design review and appropriate approvals. Architects, engineers, construction companies, and residents should be able to trust Town and Trophy Club Municipal Utility District No. 1 authorities to be prompt and effective in their decision making so that financial hardships are not incurred. To do that, single ownership and management is recommended to ensure that a streamlined process is implemented and maintained. The Blue Ribbon Governance Subcommittee was honored to be given the task of exploring and recommending to Town Council the governance structure of a future Trophy Club local government. Our current situation is admittedly very complicated and we compliment both organizations for making our town as efficient and productive that it is despite the organizational shortcomings. It is our hope and desire that both elected bodies (Town Council and Trophy Club Municipal Utility District No. 1) will consider our recommendations moving our community forward to an even greater, more efficient local government in the future. Blue Ribbon Panel Final Report Page 9 of 13 ca N E aJ �..� C ro a -- O O ro ' ra o — z -0 N � .> ~ a--� a''N O _ -0N U N C 'L N U cu CU _ — N m N E bbn Q C) -0 O m � +'' + N OU 0 C]Q 4-1 }' Q O C cu raN cu U m b0 Co w .N Q E L C E .v } in O 4-0 C `� m Q C G = � N N L N �O a � N cu -0 a) ro U EQJ N Z +' x u • 4J (o O0 aJ C + bz roPo— QN • +ro p O ro ro r� E O > o v 4- a N c ro Co Q d] QN > U c4- >i� > v U 4- � F �' O ro c Y E co C 3:O O O -0 ,U +' O ?> u >. _� Q ISI cu OO N N -I--.- > C } U v to c- c tn O `~ c O O -0 E> o 0 m Q i N hal 0O O x U ii 0 cN6 U O O � QJ U N _ -0 N U L i LQJ CU U +, Y Y QJ O QU C m .:z (n CU LL + O O Y QJ ro D- E o a -- x l� u Y N Q > N O O rO O C O > 4- -0+- C N vcu c N (u O N (U O 0 +1 ro 'i > m _ ro CU ro Q > U O E O N 4- �n Dc u r o o m o - O > bA o CL Q o `n }c– -0 QL }c– Q� C N E C O C6 bA ro cv U 4- Q U b�A L C7- O U [o v7 \A 7/i aJ N Qu Q x Qu U i6 N E C Q O U Qu U C C6 O Q W C J O O N O U N O O v (e U — N � U CL � O ro Ocu O QJ (o +, b0 (o C C Q�J [o cu > roro'n a Q Qu Qu N 4- Q- Q - Q Q cn O N 4J Q� w L (U f0 ro i (moo CO Co > C `n ro c6 O co CDC O O p O Lr� Lr -I-- N C N N E o E 4m ( E N 0 Q ° Q a QU N QU Q x Qu Q: U C C6 N N N v N N (o O c v O W 0 0 0 0 0 �co N co O Q O m N m N CO r) o LO O N N N EA EH Oo co Lo N NLo CO N EA EH co of m o Lo o m ccoo 0 m ID C°o N N � � N EA EH N N co M N N M r� co 0 0 N N N rn a oo`n N N N EA EH co ri m o � O M Lo o Lo o m rn 0 0 a Lo L 0 0 CO a o Q ID 0 0 0 0 co N EA EH CO O m m O N coCO ID o O of OJ N C') r) EH EH o O Co N N 't m O o LOm CD 00 o N O LO Lo EH EH O 0LO D 00 Cl) oLo rn Lo a Lo o ID Cl) Lo EH EH ID m co a o LO m N Cho a � � N Cl) o Lo 0 0 LO (V O Co N H H O (`n') O m coCN 0 o ID 0 o N ID Cb o 3 a 0 Z N M H Q) ti Cu cm CL O CL c LL Cu c C3 CL z O CC Cu z co M H H H Cu cm CL CL Q1 a CLQJ CL z O Cu z m v rn o v co O N O CO O O c0 I� N [O o EH EH EH EH EH W W O 6 I'o �fJ N O N N �2 Q o O N � Oo EH EH EH EH EH �'' cd ori o iri v N o v o rn U Nwco �n� co � o�n�vco ro Nrnrnoc�o O 0 Q V � O O M N N �fJ N > o EH EH EH EH EH � N N O ifJ 4- O O O M N {� N O N U 4- - worn v Q M N O O O CO � O M CO - cu N N 4- Hr ro _ R N O D m Q 4--� m O O N W i- O O Co Q N W N W •v � N O � V ifJ N � o Q� EA EH EH EH EH ro C6 NN N I� O O O O Co Q U N o ro n O O cmo N Q ro > N �_ N •(� NQ bn }.� o EA EH EH EH EH QJ U ' N •� U v o o v o O Q U ro N O CSO N O O O N N o N Q Q N N •Q +,Q •� M � �U cu o NO EA EH EH EH EH Q 4} Q �} O O Q Q O N O O ifJ O M N UN X o 0 0 Q N N a- tea bD roc ojD U N E to to 'j uro ���� v o 0 0 0 tn 4- C> N N Q w c�j O 2 2 Q Q U C C X nA C E» E» E» E» E» N ro N N Q o 0 0 X ro000 YQJ N U N rn o o c°o ro'4 — +' aJ o L U N N ro (n N + C o»»»» » N i �j fo N Q Q Qro icuN v o 0 o ro E > C6 C Ov C6 C6 N u,c�0000 0 Q � �� O Q Q N Q O C: E E o O Q Ln r Qu(n Q -�t N (n (n C C7—X -V} U C6 C6 (nIn (U (n— N �--�Q O CU CU CU Q 0ro U E = == ro N N p 'n 'n v 'n O O O m cn Q cn Q cn Q i d D m O Zn 3 M H H H Cu cm CL CL Q1 a CLQJ CL z O Cu z m N > O r� U 4J •� TZ UA 4J � iJ O N *' +' U O c6 O 4c-: � L � -0 -1- O Y 0 Ln O cn N U 'X 4J Q C -0- O � � N L N O i +' O 41 N C) UA �t U -a ,N O Q = M a) -I- 0 O U n C Ln 0 Ln U Q Ln c6 0 QJ Q 0 O c O X +0 + O Ln _ UA Ln O u 4J 0 U U N N U N ON = _,-QJ U 4- U +J cn L > > N v z v 0 O+� Ln U O QJ O C) N o c o Ln C) C c6 + 4J 0 Q cnn O v -a E is� � U � > 00 cOn O - — -0 m U O N c� OO E:O OD V i O E � 4J 4J N O QJ � co O N n C) c6 > X � o .� Ln 4- 4J O 0 M O E a) — a) U 4J +J O > m v i O O N -a U QJ O N O a O QJ O a N C1 N 4J O E > -0 z E -0 U U L 0 n c� O O m U r C)a) c LZ U _ a Ln = c6 O N o a� QJ .V Ln c6 M 4J Q) O N N 4J O .+' +J U >N 4J m Q ' ) C) U Q -0 c6 c6 > > N Ln C) J O 4J > °J 4- N ~ -0 � C, a) = CO -0 3 �O E C) O Y Q �: M Q U E m N o c E x O °' o 0 o U i M 4- Q1 -0 O c� QJ Cn O "a U Ln +� 00 U 0 — n c� v U O U LZ 4J O 0 4- co L i i O C: Q --c C7- > C: >, a, +t •O v co 4- -a O i ON O 0 T N O U f6 QJ i a v"O 0 OLn O L O O 4- 0 O — O> a o 0 C: - N °' >' O u O C: •- cn n i o o O QJ N u C) C) 0 LE Ln O E �: 0 E N O O +' O U N c6 c6 'i O N U Ln U O O:U Z o Ln N a U E U O O U Q 4>-- "0 O Ln O U � u0 4- C: E •+� LZ a� C) N C) Ln> > L U O � � a� O N � a 4J QJLn O v O c6 Q 0 L � N ,N Q +� OQ m U m m N Q O o o 4J E C QJ E Eo 'N U 4J i a a U CL) o 0 U � -0 L c� v 4 N LL co CO Q L QJ 4- _Q a o 4- z o O 4-4- U N N QJ UO U u U � -0 O CL) 4- 76 O V co 0*Z- U O +J 4- C J CU G 4J Q L Q U •U — v >- co ' L C 4J 0 O `~ O > 4J '} U.) -0 � 4J aa) N 0 Q C 'N +, QJ CJ X a) CON " U QJ 4- o 0 0 a � z O C .i O v o EL o E N L E a' O n O i V X c6 0 E QJ o c U v i C3 V4 • m In closing, the Blue Ribbon Panel thanks the Council for the opportunity to serve our town, the foresight to invite citizenry into this process, and consideration of our recommendations. The Blue Ribbon Panel has taken this task on with the best of intentions for the Trophy Club community and its citizens. We look forward to seeing our town continue to grow and prosper in the most efficient manner possible. Respectfully submitted, James Como, Chair Nicole Fontayne, Vice Chair Blue Ribbon Panel Final Report Page 13 of 13 "i I A P ti. 1 al L. a .YSLS� "i I A P ❑ LU r aM 1p fi=r^- d s t r : - 1i }yy�r`✓ y P 1 ' 1 1 � t � r s4. r" 0 r. 0 0� CL 0 I CL •> tw O m M E L 0 ULL }yy�r`✓ y P 1 � t r. 0 0� CL 0 I CL •> tw O m M E L 0 ULL •I$ Apr. - A A IF WIN *4b F 7 I IP •I$ x m a w 5 6 O .. 'h ❑ Z U' O K ¢ ¢ a a gg �ima 6 O .. C 0 0 O V V E O Ln 0 0 c 0 E f4 L a 0 E c� LWI V? *I'" 0 m -.00, r "WIR L '. r b w N N N 0 W z i W 4-) V V C� CL -0 V c: O O=3 O kn L O +� E • — bn O O m Jc: O � E •— V a bA Q) a� p o O O to — — bA X . — O cry 4-j O 'X X W a, O V 4-j kn Jc: m a--� W f r IF & 4 mom '.00 .000 dp AL VI tY mom. 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(Res, 2 /1 /�REMOVED 4/7/2014 2. Cep-sid-er -;;Ad take alappeppiate aetieR FegaFdiRg Q01 ;;Ad G;;,; Wpll DFilliRg and o,-,,duetieR (Res, n l26 /10) REMOVED 4/7/2014 3. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout the Town. (White 2/24/2011) 4. G--e-Asid-e-F -;;Ad take appFepFiate aetieR FegaFeliRg Peed Ppep GaFts feF speFtiRg evepts ;;Ad speeial .p+s; .,Ad- to r .,�updat„ Pap!( Peliemes (GaRtpell 5 77 2012- REMOVED 4/7/2014 5. °eviev.o of 410efE i tep 8 "NHisaRees", AFtiele l "Nei -se Nu's-apEes", Seet+eR 141 41-Hi-s.,pe„5; Defoped" (Sehr.,l deF 6�21 12012- REMOVED 4/7/2014 6. T-Fephy Qwb (White apd_ c,.h„-,,,,deF 9�29�29 - REMOVED 4/7/2014 7. �',TREMOVED 4/7/2014 8. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 9. Ordinance update regarding home occupation and number criteria for single family residential. (Lamont 7/15) 10. Discussion regarding animal shelter long and short term facility. (11/18/2013) 11. Consider and take appropriate action regarding moving council meetings to another day possibly Thursday. (Mayer 4/7/2014)