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Agenda Packet TC 08/15/2005Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, August 15, 2005 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. 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 and indivisible." B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: Budget Community Development: Indian Creek Road Construction Miscellaneous Street Repairs Administration Building Addition Building Permits Parks and Recreation: Pool Fees Special Events: Reception for Superintendent of School District Trophy Club Fall Festival in conjunction with Women’s Club Light the Town with Christmas Lights Economic Summit in Spring Planning and Zoning: 1 Trophy Club Plaza (PD-21) Special Use Permit requested for Vinny's Restaurant Police and Fire Services: RFP for a DPS HQ and New Fire Station Bicycle and Scooter Safety Program Public Safety Citizen Advisory Group Meeting Update D.1 Discuss and take appropriate action regarding a potential pilot program to designate a three quarter mile section of Trophy Club Drive between Oak Hill and Meadow Creek as one lane with a shoulder to provide traffic calming and establish an area of the road where normal motor vehicle travel would be prohibited, but parking would be maintained. D.2 Discuss and take appropriate action regarding the potential reconsideration by Council of the passage of Resolution Number 2005-15 appointing citizens to four (4) seats on the Planning and Zoning Commission. A. Discuss and receive recommendation and/or nominations for appointment to the Planning and Zoning Commission. B. Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2005-15 and enacting a new Resolution appointing citizens to 4 (four) seats on the Planning and Zoning Commission. D.3 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-02, in its entirety, and adopting a new Ordinance relating to the dedication of park land and open space. D.4 Consent agenda: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2005 Tax Rate on September 19, 2005 Town Council Public Meeting Agenda. D.5 Consent agenda: Discuss and take appropriate action regarding a Settlement Agreement between TXU Electric Delivery and the Town of Trophy Club in consideration for the Town's agreement not to initiate or participate in a Show Cause Action concerning Electric Delivery's rates before July 1, 2006 and authorizing the Mayor to execute all necessary documents. D.6 Consent agenda: Town Council to discuss and take appropriate action on the purchase of electronic message boards for the Town entrances and to authorize the expenditure of an amount not to exceed $22,000 to be paid out of the general fund in order to fully fund the project in the current fiscal year. D.7 Consent agenda: Discuss and take appropriate action to approve execution of new signature resolutions for Town Bank Accounts at First Financial Bank and Northwest Bank by Donna Welsh, Roger Unger, Lisa Ramsey, and Nick Sanders. 2 D.8 Consent agenda: Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2005-01 in its entirety, and adopting a new Ordinance appointing a presiding judge, alternate judges, a court administrator and a court clerk for the Trophy Club Municipal Court of Record No. 1. D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated August 1, 2005. D.10 Consent agenda: Discuss and take appropriate action to approve financials dated July 2005. D.11 Additional Information for Council D.12 Items for Future Agenda. Council and/or Staff has requested the items listed be considered at a future Council meeting. Council and Staff will have the opportunity during this session to update this list. F.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 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 and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.B.1 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. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: Budget Community Development: Indian Creek Road Construction Miscellaneous Street Repairs Administration Building Addition Building Permits Parks and Recreation: Pool Fees Special Events: Reception for Superintendent of School District Trophy Club Fall Festival in conjunction with Women’s Club Light the Town with Christmas Lights Economic Summit in Spring Planning and Zoning: Trophy Club Plaza (PD-21) Special Use Permit requested for Vinny's Restaurant Police and Fire Services: RFP for a DPS HQ and New Fire Station Bicycle and Scooter Safety Program Public Safety Citizen Advisory Group Meeting Update 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding a potential pilot program to designate a three quarter mile section of Trophy Club Drive between Oak Hill and Meadow Creek as one lane with a shoulder to provide traffic calming and establish an area of the road where normal motor vehicle travel would be prohibited, but parking would be maintained. EXPLANATION: The issue of designating Trophy Club Drive and Indian Creek Drive as one lane or two lanes by traffic marking has been discussed many times since the Town’s incorporation. In addition, the lack of sidewalks for pedestrians to travel has also spurred passionate debate. At the request of the Public Safety Advisory Group and with the support of the Public Works Advisory Group, research has been conducted on the various options available to address these issues. The research that proceeded these options included, but was not limited to studying the Pathway Plan developed in 1998, conferring with the Town engineer, researching American Association of State Highway and Transportation Officials (AASHTO) and Federal Highway Administration (FHWA) guidelines for pedestrian traffic, pavement markings and traffic signage as well as visiting other cities to see how they have addressed similar issues. In addition, staff has received input from residents including, but not limited to members of the Advisory Groups. This research led the Advisory Groups to offer four options for Indian Creek Drive & Trophy Club Drive. 1. Install sidewalks 2. Mark and sign a bike path in which normal traffic would be prohibited to travel 3. Designate and mark a shoulder with ceramic buttons 4. Do nothing leaving the traffic lanes unmarked Option 1 Install sidewalks – This option is preferable for the walkers, but would be costly and would be invasive to the residents whose homes abut these roads. The estimated cost to install sidewalks on only one side of three quarters of a mile of roadway is estimated at $260,000 and includes the installation of ADA compliant ramps at each intersection and driveway approach. 9 Option 2 Mark and sign a path in which normal traffic would be prohibited to travel - American Association of State Highway and Transportation Officials (AASHTO) and Federal Highway Administration (FHWA) provide guidelines for pavement markings and signs that denote bicycle lanes on the roadways. Parking areas would be designated and striped in front of the homes facing Trophy Club Drive to ensure that residents maintain the ability to park in front of their homes. The purpose of the striping would not be to regulate walkers or bikers, but to provide an area of the road that vehicles are not permitted to travel under normal circumstances. In this concept, the traffic lane would be at least 17.5 feet wide with a 6-foot shoulder where normal traffic would be prohibited on the roadway. See Figure 1 below. In areas where homes face the roadway and parallel parking will be provided, the motor vehicle traffic lane will be at least 11.5 feet with a 7-foot parallel parking lane designated at the curb and a 5-foot area for pedestrian and bike traffic. See Figure 2 below. Figure 3 illustrates the pavement design with marking and signage Deliveries including mail and trash pick up would be still be permitted to pull up to the curb. The cost for this option on a three quarter mile section of Trophy Club Drive would be approximately $25,000. Figure 1 10 Figure 2 Figure 3 11 Option 3 Designate and mark a shoulder – This option would include the installation of ceramic buttons to designate the roadways as one lane with a shoulder that traffic would not regularly travel in. The buttons would be installed at 4-foot intervals with every fifth button to be reflective. In addition a cross strip of reflective and non-reflective buttons would be installed at a 45 degree angle every 15 feet to further remind drivers that the lane is not for normal vehicle traffic. The raised surface of these buttons would notify drivers if they move into this area. Parking on the street would remain as it is now. The shoulder would be 8-foot wide to allow pedestrians the ability to pass a normal size vehicle and still remain on the shoulder. This is an option that other area cities are currently utilizing. The images that follow are from North Richland Hills and were added as a traffic calming measure after a pedestrian fatality. Figure 4 is a drawing of the basic design, Figure 5 shows the shoulder markings, Figure 6 is a mail truck stopped within a 6-foot shoulder and Figure 7 depicts a wider 10-foot shoulder. The cost for this option is approximately $12,000 for the recommended three quarter mile test section. Figure 4 12 Figure 5 13 Figure 6 Figure 7 14 Option 4 Do Nothing – This would leave these roads as is and while they are not stipulated for 2-lane traffic would likely still travel in that manner because it is not specifically prohibited. Walkers and bike riders would continue to compete with motor vehicle traffic. 15 RECOMMENDATION: The Public Safety and Public Works Advisory Groups recommend a six-month pilot program of Option 3, which would use ceramic buttons to designate a section of Trophy Club Drive as one lane. Trophy Club Drive was selected because of its high visibility and limited area for the pilot. If Council decides to proceed, under the pilot program, the lane would remain in place for approximately six months to give residents the opportunity to utilize and experience the concept in a limited area. If the residents respond favorably by either survey or referendum, Phase II would proceed with the marking of the remaining areas of Indian Creek and Trophy Club Drive where the road is not currently designated as two lanes in each direction. The area of Trophy Club Drive between Durango and Marshall Creek Road would also be excluded because the road is not wide enough to support a shoulder. Phase III would be the connection of the striped paths with sidewalks and would potentially be funded by a pathway grant. If resident opinion received by survey or referendum is not favorable, the buttons would be removed and the lanes returned to their original state at the end of the pilot period. ACTION BY COUNCIL: Attachments: 1. Information Memorandum 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding the potential reconsideration by Council of the passage of Resolution Number 2005-15 appointing citizens to four (4) seats on the Planning and Zoning Commission. A. Discuss and receive recommendation and/or nominations for appointment to the Planning and Zoning Commission. B. Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2005-15 and enacting a new Resolution appointing citizens to 4 (four) seats on the Planning and Zoning Commission. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. Council Memorandum 6/20/05 2. Council Memorandum 7/18/05 3. Resolution 2005-15 4. Applications 5. New Resolution repealing Res. No 2005-15 and enacting a new Resolution appointing citizens to the Commission. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-02, in its entirety, and adopting a new Ordinance relating to the dedication of park land and open space. EXPLANATION: The body of the Park Land Dedication Ordinance represents current standards for keeping with quality of life needs in the areas of parks and recreation. The document itself is very standardized in language, with only the methodology figures being varied to suit the individual requirements of each city or town. RECOMMENDATION: Staff has revised the Park Ordinance with parkland dedication requirements that are roughly proportionate to the park land requirements generated by build-out population numbers. ACTION BY COUNCIL: (aa) Attachments: 1. Information Memorandum (Staff Comments) 2. Current Ordinance 3. Proposed Ordinance 4. Surrounding City Survey Comparisons 5. 1999 Park Plan Supplement 66 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001- 02 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NOS. 94-01 AND 99-12 RELATING TO THE DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING PROVISIONS REQUIRING THE DEDICATION OF PARK LAND PRIOR TO A SUBDIVISION PLAT APPROVAL BY THE PLANNING AND ZONING COMMISSION AND THE TOWN COUNCIL; PROVIDING FOR PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL AREAS; PROVIDING FOR THE MAINTENANCE OF DEDICATED PARK LAND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is empowered under Texas Local Government Code '54.001 to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare, and WHEREAS, the Town Council seeks to require the dedication of park land to be designated upon any proposed subdivision plat prior to approval of such plat by the Town Council; and WHEREAS, the necessary park land dedication must meet certain minimum area and character requirements; and WHEREAS, the Town Council desires to allow a developer to pay cash in lieu of land dedication, subject to Town Council approval and acceptance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREAMBLE The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. 67 SECTION 2. PURPOSE The requirements for open spaces, park and recreational areas contained in this Ordinance are intended to ensure that there will be sufficient land dedicated or otherwise set aside in new residential developments in the Town of Trophy Club to meet the demands and needs of the future residents of the development for open space and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. A. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this Ordinance, the Town Council has taken as a benchmark the standards of the National Recreation and Park Association. B. It is the policy of the Town, that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. SECTION 3. CHARACTER AND MINIMUM AREA A. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use proposed, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. B. Unique natural areas or flood plains which provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. C. The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Ordinance shall be ten (10) acres per 1,000 of total projected Town population. For purposes of determining population, 2.87 people per dwelling unit shall be used. D. Any land dedicated to the Town under this Ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable unless recommended in the Master Plan: 1) Any area primarily located in the 100-year floodway; or 2) Any areas of unusual topography or slope which render the area unusable for park and recreational activities. 68 The above characteristics of a park land dedication area may be grounds for refusal of any preliminary or final plat. E. Drainage areas may be accepted as part of a neighborhood park if the channel is constructed in accordance with Town engineering standards and if no significant area of the park is cut off from access by such channel. If land is dedicated which is in the floodway fringe, but not including the floodway, then it counts as one-half (2) of the required area as set forth in Subsection 3(C). F. Each park shall have access to a public street. G. All park land dedication shall be consistent with the standards as set forth in the Master Plan. SECTION 4. MINIMUM SIZE No land dedicated or otherwise reserved in compliance with this Ordinance shall have dimensions smaller than one (1) acre. In any development which includes wooded areas, flood plains, or other natural amenities which are desirable to maintain, the Town Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. SECTION 5. PLATTING REQUIREMENTS A. Whenever a final plat is filed on record with the County Clerk of Denton County for development of a residential area in accordance with the Subdivision and Zoning Ordinance of the Town, such plat shall contain a clear fee simple dedication of an area of land as designated by this Ordinance. Any proposed plat submitted to the Town for approval shall show the area proposed to be dedicated. B. The Planning and Zoning Commission shall have a plat review meeting regarding the proposed land donation prior to it being submitted to the Town Council. Any land dedicated or otherwise reserved under this Ordinance for open space or park and recreational areas shall be shown on a plat submitted for approval by the Planning and Zoning Commission and Town Council. Upon approval, said plat shall be filed with the County Clerk of Denton County. C. The Town Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open spaces and park and recreational areas required by this Ordinance to be restricted to the use and enjoyment of the residents of the particular development or subdivision. The Town Council may grant such request whenever it finds: 69 1) That the open space and park and recreational areas required by the Ordinance cannot be effectively and efficiently integrated into the public park system of the Town; 2) That the open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open spaces and recreational areas at least as adequately as by the dedication of public park land; and 3) That the developer or subdivider has complied, or will comply, with the requirements of Section 6 of this Ordinance. Such open space and park and recreational areas shall be clearly noted on the plat or master development plan as “Private Open Space” or “Private Recreational Land” at the time of submission to the Town for action by the Planning and Zoning Commission and Town Council. SECTION 6. PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL AREAS A. A payment of cash in lieu of reservation of open space or park land or recreational land, that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational area pursuant to this Ordinance, will be required: 1) In any case in which the land required to be dedicated or otherwise reserved by this Ordinance would be less than one (1) acre, or 2) If it is determined by the Town Council that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, or, 3) A developer or subdivider may, with the consent of the Town Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the Town of Trophy Club. Said payment shall be made within ten (10) days of the time of final plat recording. B. All such payments shall be: 1) Segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the Town of Trophy Club that will meet the needs of the residents of the development or subdivision in respect which such payment was made; 2) Expended on the acquisition or improvements of open space or park land that is within the jurisdiction of the Town of Trophy Club; and 70 3) If not expended, or unconditionally committed to be expended, within ten (10) years of receipt, the developer or subdivider shall be entitled to a refund of the amount paid upon written request by the developer or subdivider. Such request must be filed with the Town Secretary within one (1) year after the right to such refund arises. If such request is not made in writing within the one (1) year period, then such right shall be barred. C. Fair Market Value Determined. For purposes of this Ordinance, the fair market value of land shall be determined by: 1) Taking the fair market value of one (1) acre of land, derived from the average of three separate undeveloped acre parcels of land within Trophy Club that are deemed to be comparable to the land being subdivided. 2) Unimproved land shall mean land that has not been platted nor developed. D. The owner, developer or subdivider of a proposed subdivision shall have the right to appeal the fair market value determination to the Town Council within ten (10) days after the date of filing of the preliminary plat with the Town, by filing with the Town Secretary a written appeal and stating therein the reasons and basis for the appeal. The Town Council shall act on the appeal within thirty (30) days after the date of approval or disapproval of the preliminary plat by the Planning and Zoning Commission. The action of the Town Council shall be final. SECTION 7. MAINTENANCE If the open space and recreational areas required by this Ordinance are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or to a trustee. A. No plat or master development plan containing a reservation of private open space and recreational areas shall be approved until the applicant shall have filed with the Planning and Zoning Commission a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the Town Council. B. Such instrument shall be approved by the City Attorney as to legal form and effect and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas. C. The covenants and restrictions, when submitted, shall provide for the following: 1) that the homeowner’s association or trust shall be established prior to the sale of any part of the property; 71 2) that open space restrictions and maintenance shall be permanent; 3) that the homeowners are liable for the payment of maintenance fees and capital assessments; 4) that unpaid homeowner's fees and assessments will be a lien of the property of the delinquent homeowners; 5) that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; 6) that membership shall be mandatory for each homeowner and any successive buyer, and 7) that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. REPEALER Ordinances No. 94-01 and 99-12 of the Town relating to dedication of park land and open space are hereby repealed and replaced as herein provided. This Ordinance shall govern and control the park land and open space within the Town from and after its effective date. SECTION 10. CUMULATIVE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. 72 SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 12. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to publish in the Official newspaper of the Town of Trophy Club, the Caption, and Effective Date clause of this Ordinance for two (2) days as required by Section 52.011 of the Texas Local Government Code. SECTION 13. EFFECTIVE DATE This Ordinance shall be become effective from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19th day of February, 2001. _______________________________________ Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] 73 APPROVED AS TO FORM: _____________________________________ Town Attorney Town of Trophy Club, Texas 74 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-02 RELATING TO THE DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING NEW PROVISIONS FOR THE DEDICATION OF PARK LAND AND OPEN SPACE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; ESTABLISHING DEDICATION PROCEDURES; PROVIDING FOR MONEY IN LIEU OF LAND; PRESCRIBING ADDITIONAL REQUIREMENTS; ESTABLISHING CRITERIA FOR CREDIT FOR CONVEYANCE OF FLOODPLAINS; PROVIDING FOR MINIMUM PARK IMPROVEMENTS; PROVIDING FOR A BIENNIAL REVIEW; ESTABLISHING REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT; PROVIDING FOR PERMITS AND SERVICES TO BE WITHHELD; PROVIDING FOR THE REDETERMINATION OF REQUIREMENTS FOR PROPSED ADDITIONAL DWELLING UNITS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, on February 19, 2001, the Town Council enacted Ordinance No. 2001-02, an Ordinance repealing Ordinance Nos. 94-01 and 99-12, and adopted a new Ordinance relating to the dedication of park land and open space, and; WHEREAS, staff recommends an update to the current Park Land Ordinance, including a Park Land Methodology, set forth in Exhibit “A”, (a copy of Exhibit “A” is attached hereto and incorporated herein by this reference); and WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to adopt new regulations governing the Park Land Dedication within the corporate limits of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCILOF THE TOWN OF TROPHY CLUB, TEXAS: 75 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. PURPOSE This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the Town. This article is enacted in accordance with the home rule powers of the Town, granted under the state constitution, and the statutes of the state including, but not by way of limitation, V.T.C.A., Local Government Code § 54.004, and ch. 212. It is hereby declared by the Town Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the Town, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. SECTION 3. DEDICATION PROCEDURES A. Whenever a Final Plat is filed on record with the county clerk of Denton or Tarrant County for development of a residential area in accordance with the planning and zoning ordinances of the Town, such plat shall contain a clear fee simple dedication of an area of land to the Town for park purposes, which area shall equal one (1) acres for every 51 proposed dwelling units. B. The Town Council declares that development of an area smaller than five (5) acres for public park purposes is impractical. Therefore, if fewer than 255 dwelling units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 4, rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five (5) acres shall be approved. C. In all other instances, the Town shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the Parks and Recreation Director, and to 76 require payment of cash in lieu of land in the amount provided by Section 4, if the Town determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential in the area of the proposed would be better served by expanding or improving existing parks. SECTION 4. MONEY IN LIEU OF LAND Where Town Council determines that a payment of money in lieu of land shall be made, the following provisions shall apply. A. Amount Required to be Paid: 1. Any payment of money required to be paid by this Ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land existing in effect at the time of Final Plat approval. 2. In determining the average per acre value of the total land included within the proposed residential development, the Town Council may base its determination on one or more of the following: a. The most recent appraisal of all or part of the property made by the central appraisal district; or b. Confirmed sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately proceeding the date of determination; or c. Where, in the judgment of the Town Council, (i) or (ii) above would not, because of changed conditions, be a reliable indication of the then current value of land being developed, an independent appraisal of the whole property shall be obtained by the Town and paid for by the developer. SECTION 5. ADDITIONAL REQUIREMENTS A. Any land dedicated to the Town under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1. Any area primarily located in the 100-year floodplain. 2. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. 77 Such characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. B. Land listed in paragraph A of this Section may be accepted by the Town Council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. C. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with Town engineering standards, and if no significant area of the park is cut off from access by such channel. D. Each park must have ready access to a public street. E. Unless provided otherwise in this section, an action by the Town shall be by the Town Council, after consideration of the recommendations of the planning and zoning commission and the Parks and Recreation Director and his recommendation to the Town Council. SECTION 6. CREDIT FOR CONVEYANCE OF FLOODPLAINS A. In cases where floodplain land or property is proposed for conveyance to satisfy the park land requirements, a credit will be given upon the following criteria: 1. Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain. SECTION 7. MINIMUM PARK IMPROVEMENTS A. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the Town. The Developer shall: 1. Grade and clear unwanted vegetation, to be determined by the Town; 2. Provide water and sewer service to the site. SECTION 8. BIENNIAL REVIEW Prior to one (1) year after the effective date of this Ordinance, the Parks & Recreation Director shall review the Park Land Dedication Ordinance and make any recommendations for revision to the Town Council. Thereafter, at least once every two (2) years, the Parks & Recreation Director shall review the Parkland Dedication Ordinance and make any recommendations for revision to the Town Council. 78 SECTION 9. REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this Ordinance, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this Ordinance applies, until the required conveyance of land, or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 10. PERMITS AND SERVICES TO BE WITHHELD No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this Ordinance applies until the required conveyance of land or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 11. REDETERMINATION OF REQUIREMENTS FOR PROPOSED ADDITIONAL DWELLING UNITS After the Town Council has made a determination of the requirements of this Ordinance, or after the requirements of this Ordinance have been met, based upon the proposed number of residential dwelling units for any land to which this Ordinance applies, any person who desires to construct a number of dwelling units in excess of the number dwelling units for which the requirements of this Ordinance were determined or met, must submit to the Town Council a revised zoning proposal for additional dwelling units for the development. Once the Town Council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey additional park land through a plat or replat, or shall pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this Ordinance, the person proposing to construct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the Town. SECTION 12. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 79 SECTION 13. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance No. 2001-02 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2001-02 on the date of adoption of this Ordinance or under such portion of any other Ordinance relating to Park Land Dedication shall continue to be governed by the provisions of such Ordinances and for that purpose the Ordinances shall remain in full force and effect. SECTION 14. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Park Land Dedication which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 15. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 16. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. 80 SECTION 17. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 18. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 15th day of August, 2005. Mayor Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas 81 Exhibit “A” Park Land Methodology Land Requirements: 7 acres / 1,000 population 1 acre per 143 Total Population: 7,700 people 2.83 Person Per Household (PPH) 143 People / 2.83 PPH = 51 DUs 1 acre per 51 DUs Park Acquisition Cost (Determines Fee in Lieu of Land) Assumption 1 acre = fair market value Fair market value / 51 DUs = per DU DU – Dwelling Unit 82 Surrounding City Parkland Comparison City Variable Minimum Acre Allen 5 per 1,000 people 5 Cedar Hill 1 per 133 D.U. 5 College Station 1 per 101 D.U. 5 Colleyville 1 per 25 D.U. 1 DeSoto 1.5 per 100 D.U. 5 Frisco 1 per 100 D.U. 1 Grapevine 1,416.00 D.U. N/A Keller 1 per 30 D.U. 5 North Richland Hills 1 per 40 D.U. 5 Southlake 1 per 40 D.U. 5 Wylie 5 per 100 D.U. 5 D.U. – Dwelling Unit 83 84 85 86 87 88 89 90 91 92 93 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.4 Consent agenda: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2005 Tax Rate on September 19, 2005 Town Council Public Meeting Agenda. EXPLANATION: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal on the September 19, 2005, Town Council Public Meeting Agenda to adopt a 2005 tax rate that will exceed the lower of the rollback rate or the effective tax rate; calling public hearings on a tax increase to be held on August 29, 2005 and September 6, 2005, requiring publication of a Notice of Public Hearing on Tax Increase in accordance with the law; and providing an effective date. BACKGROUND Municipalities are required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. These are currently scheduled to publish on August 12, 2005 in the Trophy Club Times. The rollback tax rate divides the overall property taxes into two categories—maintenance and operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units are set at an eight percent (8%) increase in operating taxes. The effective tax rate is generally the property taxes divided by the current year’s taxable value of properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth). The Town of Trophy Club’s effective rate is $.42718/$100 valuation, and the rollback rate is $.48397/$100 valuation. The Property Tax Code specifies that “when a proposed rate exceeds the rollback rate or the effective rate, whichever is lower, the taxing unit’s governing body, other than for a small taxing unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item”. The proposed 2005-06 budget is partially funded with a proposed tax rate of .44051. Although this proposed rate is below the rollback rate, it is above the effective tax rate and requires two separate public hearings. ESTIMATED SCHEDULE 08/15/05 Vote to Place Proposal on Future Agenda 08/19/05 Publish First Required Notice for Public Hearing 94 08/29/05 Hold First Public Hearing 09/06/05 Hold Second Public Hearing 09/09/05 Publish Second Required Notice for Vote on Tax Rate 09/19/05 Adopt Tax Rate RECOMMENDATION: ACTION BY COUNCIL: (sam) Attachments: 1. Summary of 2005 Property Tax Rates 2. 2005 Effective Tax Rate Worksheet 3. 2005 Rollback Tax Rate Worksheet 4. Cost of Services Comparison 5. Resolution 95 96 97 98 99 100 101 102 103 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PLACEMENT OF A PROPOSAL ON THE SEPTEMBER 19, 2005, TOWN COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2005 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 29, 2005 AND SEPTEMBER 6, 2005; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council desires to adopt a tax rate of $0.44051 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate, in accordance with the requirements of the Texas Tax Code Chapter 26 and to schedule public hearings on the proposed tax increase as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council desires to adopt a tax rate for the 2005 tax year of $0.44051 per $100 per valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 2. The Town Council hereby approves the placement of an item on the September 19, 2005 Town Council public meeting agenda, such meeting being a regular Council meeting, to vote on a proposed tax rate of $ 0.44051 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 3. The Town Council hereby calls public hearings on the proposed tax increase to be held in the Svore Municipal Building located at 100 Municipal Drive, Trophy Club, Texas 76262 on August 29, 2005 and September 6, 2005 at 7:00 p.m., such dates being weekdays which are not public holidays. The first public hearing will not be held until at least seven days after notice of both public hearings have been published in the Trophy Club Times, a newspaper having general circulation within the Town, in the form of the attached Notice of Public Hearing on a Tax Increase, which is incorporated into this Resolution for all purposes meeting the size requirements specified Texas Tax Code §26.06. The Town Manager and the Assistant Town Manager are hereby directed to publish such notice in accordance with this Resolution and in accordance with Texas Tax Code §26.06. At both public hearings, the Town Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. Section 4. This resolution shall become effective immediately upon its passage and 104 approval at a regular meeting of the Town Council of the Town of Trophy Club, Texas on this the 15th day of August, 2005, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Texas Government Code §551.001, et seq. The Town Secretary is hereby directed to record this Resolution and the vote on the proposal to place the item for a tax increase on the September 19, 2005 Town Council agenda. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 15th day of August, 2005. _______________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 105 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.5 Consent agenda: Discuss and take appropriate action regarding a Settlement Agreement between TXU Electric Delivery and the Town of Trophy Club in consideration for the Town's agreement not to initiate or participate in a Show Cause Action concerning Electric Delivery's rates before July 1, 2006 and authorizing the Mayor to execute all necessary documents. EXPLANATION: The proposed settlement agreement from TXU Electric Delivery is being provided to the Town in consideration for Council’s agreement not to initiate, intervene in, or participate in a rate case challenging TXU Electric Delivery’s rates any time before July 1, 2006. In exchange for this Agreement, Electric Delivery will make a payment in the amount of $11,654.91 to the Town. This payment should be received within two weeks of execution of the agreement. I have confirmed with Gina Bivens (TXU) that there will be one additional payment of $11,654.91 made in March, 2006. This agreement is substantially the same as the one signed by the cities that participated in the Steering Committee of Cities Served by TXU Electric Delivery. The terms of the proposed settlement have been determined to be fair by Geoffrey Gay, Steering Committee Attorney. The Town’s deadline for acceptance of the offer is September 15, 2005. RECOMMENDATION: ACTION BY COUNCIL: (paa) Attachments: 1. Settlement Agreement 106 107 108 109 110 111 112 113 114 115 116 117 118 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.6 Consent agenda: Town Council to discuss and take appropriate action on the purchase of electronic message boards for the Town entrances and to authorize the expenditure of an amount not to exceed $22,000 to be paid out of the general fund in order to fully fund the project in the current fiscal year. EXPLANATION: These electronic message boards would be placed on both sides of the existing monuments at Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive. Their purchase and installation would save us approximately 780 annual hours of staff time at an annual cost of $11,529. The Town put this project out for RFP in February 2004. We received responses ranging from $42,000 - $92,000. We entered in negotiations with the vendor who provided the lowest proposal and were able to reduce the price to $40,350 for four-line electronic message boards. The quote is for text only and includes the supply and installation of six wireless controlled electronic boards mounted on both sides of our existing monuments. We have received $10,000 in funds from Beck Properties and $10,000 from the Master District to help pay for the purchase and installation, bringing the Town’s cost to $20,350. RECOMMENDATION: Because of the staff timesavings and the increased ability to communicate with residents, staff recommends approval. ACTION BY COUNCIL: bg Attachments: 1. Quotes 2. Image 119 January 14, 2004 TO: Beth Ann Gregory-Town of Trophy Club FROM: Andy Cowen SUBJECT: Outdoor Message Boards Thank you for allowing us to quote your requirements for electronic LED sign displays. The following is a quotation based on your current needs. Please call or e-mail me if you have ANY questions or would like more information. Qty Part Number Description Each Total 6 SDTR-4124 Outdoor Message Boards $ 6,000.00 $36,000.00 3 NMX-WC Wireless Control $ 950.00 $ 2,850.00 1 INST Installation Charges $ 1,500.00 $ 1,500.00 Total (Including Freight) $39,350.00 Message Center: Cabinet Size: 28” (H) x 48” (W) x 8” (D) per face 4-Lines of text only 4” tall character heights 12-characters per line Red or Amber Superbrite LED’s Brightness: 1,500 MCD Viewing Angle: 120 degrees, automatic brightness control Memory: 496K Advance Scheduling, 256 separate schedules Real time clock and calendar Temperature probe included 2-year warranty Current lead time is 4 weeks from receipt of order. Andy Cowen-President Numeritex Displays, Inc. 800-675-0123 ext. 102 www.numeritex.com 120 121 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.7 Consent agenda: Discuss and take appropriate action to approve execution of new signature resolutions for Town Bank Accounts at First Financial Bank and Northwest Bank by Donna Welsh, Roger Unger, Lisa Ramsey, and Nick Sanders. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 122 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.8 Consent agenda: Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2005-01 in its entirety, and adopting a new Ordinance appointing a presiding judge, alternate judges, a court administrator and a court clerk for the Trophy Club Municipal Court of Record No. 1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (paa) Attachments: 1. Information Memorandum 2. Proposed Ordinance 123 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-___ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2005-01 APPOINTING A PRESIDING JUDGE, ALTERNATE JUDGES, AND A COURT CLERK FOR THE TROPHY CLUB MUNICIPAL COURT OF RECORD NO. 1; AND ADOPTING NEW PROVISIONS APPOINTING A PRESIDING JUDGE, ALTERNATE JUDGES, A MUNICIPAL COURT ADMINISTRATOR AND A MUNCIPAL COURT CLERK FOR THE TROPHY CLUB MUNICIPAL COURT OF RECORD NO. 1 IN ACCORDANCE WITH ORDINANCE NO. 2001-22 ESTABLISHING THE COURT OF RECORD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 17, 2001 the Town of Trophy Club, Texas (the “Town”) adopted Ordinance No. 2001-22 creating the Municipal Court of Record No. 1 in the Town and providing for the appointment of a Presiding Judge, Alternate Judges, and a Municipal Court Clerk (the “Appointees”); and WHEREAS, Ordinance No. 2001-22 also sets forth certain duties and qualifications for each of the Appointees; and WHEREAS, Ordinance 2003-18 was enacted on October 8, 2003 and was to remain valid until September 30, 2005; and WHEREAS, due to a change in Court personnel, the Town Council deemed it necessary and proper to repeal Ordinance No. 2003-18 and to enact Ordinance No. 2005-01 appointing a new Court Clerk; and WHEREAS, due to a change in court personnel, the Town Council has deemed it necessary and proper to repeal Ordinance No. 2005-01 in its entirety and to re-appoint for the remainder of their current two year term, the Presiding Judge and Alternate Judges currently serving and to appoint a Court Clerk, all as provided in Ordinance No. 2001-22. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPOINTMENTS That the Town Council hereby affirms and appoints the following individuals to the Municipal Court of Record No. 1 in the capacity as set forth below: 124 Presiding Judge Mark D. Chambers, Jr. Alternate Judge Eric G. Ransleben Alternate Judge Warren A. Bradley Court Administrator Sakura Dedrick Court Clerk Carol McLeod These appointments are made subject to and are governed by the provisions of Ordinance No. 2001-22. The terms of service for the Presiding Municipal Court Judge and Alternative Judges shall run for the remainder of the term set by Ordinance No. 2005-01, expiring on January 3, 2007. SECTION 2. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. SAVINGS All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the 125 minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. 126 SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 15TH day of August 2005. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas 127 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated August 1, 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1.Minutes 128 MINUTES OF A BUDGET WORKSHOP BETWEEN WAYS AND MEANS ADVISORY GROUP AND THE TOWN COUNCIL AND NOTICE OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 1, 2005 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, July 18, 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Pam Cates Mayor Pro Tem Susan Edstrom Council Member Roger Williams Council Member Scott Spence Council Member TOWN COUNCIL MEMBERS ABSENT: Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Lisa Ramsey Interim Town Secretary Roger Unger Finance Director Beth Ann Gregory Community Development Manager Patricia Adams Town Attorney Mike Pastor IS Manager Adam Adams Parks and Recreation Director Randy Briggs Police and Fire Services Director Kerin Fleck Planning and Zoning Coordinator Sakura Moten-Dedrick Financial Analyst Neil Twomey Ways and Means J.D. Harvey T. Dwight Morrow A.1 Call to order and announce a quorum. Mayor Nick Sanders called the Regular Session to order at 6:06 p.m. noting a quorum was present. A.2 Invocation. Beth Ann Gregory gave the invocation. 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 and indivisible." Roger Williams led the pledges. TOWN COUNCIL TO CONVENE INTO WORKSHOP SESSION 129 *WORKSHOP SESSION A.4 Joint Budget Workshop: Town Council and Ways and Means Advisory Group to review preliminary 2005/06 operating and capital budgets. Roger Unger, Finance Director provided an update from his meeting with Joe Rodgers, Chief Appraiser in Denton County concerning the appraisal districts failure to certify property values in Denton / Tarrant county that lie within the border dispute. Mr. Rodgers indicated that the Town’s ultimate certified value should be greater than or equal to $607 million. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 7:00 *REGULAR SESSION B.1 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. Margi Cantrell, 1105 Sunset Drive - Submitted a letter requesting Council reconsider the actions taken at the July 18th, 2005 meeting, under item D.2 George Roberson, 306 Skyline Drive - spoke against the actions taken at July 18th, 2005 meeting, under item D.2 and asked that Council reconsider. Mr. Roberson also spoke to a motion that passed, 3:1, at the May 16th meeting regarding the second phase at Eagles Ridge. Mr. Roberson said that he felt that this motion was hurriedly passed just so that Starwood could begin development, however, they have not yet started the development. Kathleen Wilson, 34 Meadowbrook Lane - Spoke against the actions taken at July 18th, 2005 meeting, under item D.2 and asked that Council reconsider. Bill Matthai, 500 Indian Creek Drive - Spoke for the actions taken at July 18th, 2005 meeting, under item D.2 saying that he believes that there were individuals, previously overlooked who have the necessary expertise needed to serve on the P & Z Commission, especially with the pending development. James Moss, 33 Panorama Circle - spoke against the actions taken at July 18th, 2005 meeting, under item D.2 and asked that Council reconsider. Sandra Sheridan, 1 Hillcrest Court - Spoke against the actions taken at July 18th, 2005 meeting, under item D.2 and asked that Council reconsider. Linda Mills, 113 Seminole Drive - Spoke against the actions taken at July 18th, 2005 meeting, under item D.2 and asked that Council reconsider. Jean Carter, 204 Fresh Meadow Drive - Spoke against the actions taken at the last meeting, please reconsider. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: 2005-06 Budget was presented to the Town Secretary on Friday, July 29th. Update on Nextel Contract (At the point that the contract is placed on the Agenda, notices of the cellular tower will be sent to citizens.) Planning and Zoning: Regency Realty Corp. (PD21) Gas Well Fracing Trophy Club Plaza is interested in revising their signage along SH 114. Staff met with the Plaza's property management team 7/26/05 and discussed additional height for signage on the south side of the property, running along the highway. Staff will be working with Regency Centers to bring forward a signage proposal in the upcoming months. Gas Well Fracing has reached the end of the first phase. The next phase is anticipated to begin at the end of August or the beginning of September. Any changes to the schedule will be posted: http://www.ci.trophyclub.tx.us/news_information.asp 130 B.3 Items for Future Agenda. Council and/or Staff has requested the items listed be considered at a future Council meeting. Council and Staff will have the opportunity during this session to update this list. 1. Pilot project for street striping. (Scheduled for 8/15/05) 2. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 3. Discussion and appropriate action regarding proceeding with electronic signs and contribution from developer. (Scheduled for 8/15/05) 4. Discussion and appropriate action regarding a Drought Ordinance. (Scheduled for 8/15/05) 5. Discussion and appropriate action in regard to an ordinance and policies regarding parkland dedication, parkland standards and money in lieu of dedication. (Scheduled for 8/15/05) 6. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek. Council member Williams would like to add reconsideration of the July 18th, P & Z appointments. Council member Spence asked that reconsideration of the ordinance on unlicensed vehicles or motorized scooters on the streets be looked at again. Donna Welsh, Town Manager would like to schedule a workshop with the Town Council to discuss long-term capital project lists, projected fiscal impact and surveys for resident input on potential projects per department. Dan King, 535 Indian Creek Drive - Spoke against street striping. Kristine Peterson, 1124 Trophy Club Drive - Spoke against street striping. Jeff Peterson, 1124 Trophy Club Drive - Spoke against street striping. Council member Spence requested to speak, stating that this issue has come back up due to safety issues and concern for the kids. Council member Spence advised that he is not a big fan of street striping but wants to provide an element of safety for the kids. Advised that he confirmed with Billy Hughes who said that walking and jogging is the biggest sport in Trophy Club. Bill Loney, 610 Indian Creek Drive - Spoke against street striping. Pat Carr, 1116 Trophy Club Drive - Spoke against street striping. Jan Tomilson, 219 Indian Circle - Spoke against street striping. Linda Mills, 113 Seminole Drive - Spoke against street striping. Mark Carr, 9 Stephens - Spoke against street striping. Mayor Sanders advised that with respect to the citizens that have spoken against the street striping project and Council’s debate that a decision could be made based on experience as opposed to a survey. The Mayor noted that an item to discuss and take appropriate action regarding a pilot street striping project has been scheduled for the August 15th meeting. D.1 Discuss and take appropriate action regarding the EDC Task Force and their proposed mission statement and presentation made at the July 18, 2005 meeting. Mayor Sanders advised that the EDC Task Force is currently at a stand still as there is only one of the three original members left on the task force. Council member Edstrom advised that we are not able to implement the ideas presented by the Task Force at the July 18th meeting, as we do not own the land. She suggested that EDC 4B prepare a packet for the Chamber, containing information on economic development ideas that the Town would like to see the developers go with. Council member Spence advised that the presentation was good, however, he thought that this Task Force was created to work with the Chamber on different ways to build economic development in the Town. Council member Edstrom advised that this was a good place to start and that the Task Force was never really given any clear instruction. Council member Williams commented that due to the amount of money involved in the infrastructure it was unfortunate that the land- owners were not present to represent themselves. 131 Council member Edstrom made a motion to provide direction to EDC 4B to continue with the work that the Task Force has started, refine the mission statement, work with the developers and other various groups to find out their ideas and to come back in 90 days with a creative presentation to show developers; Council member Spence seconded the motion. Floor was open for discussion. Council member Spence suggested that we contact Beck for his ideas. Council member Edstrom advised that Beck would fall under the various groups. Mayor Sanders called for the vote. Vote was unanimous. D.2 Discuss and take appropriate action regarding the appointment of Chairman for the Planning & Zoning Commission. Council member Edstrom made a motion to appoint Gene Hill as chairman; Council Spence seconded the motion. Floor was opened for discussion. Mayor Pro Cates asked how we could consider a chairman without knowing the outcome on the next item. Council members Spence and Edstrom agreed that whether or not anything was done in reference to the next item, P & Z still needs a Chairman. Mayor Sanders called for the vote. Vote passed 3;1, with Council member Williams opposing. D.3 Discuss and take appropriate action regarding the method(s) to be used when selecting individuals for appointment to Town Advisory Groups, Boards and Commissions. Mayor Sanders advised that Council member Williams requested this item be placed on the agenda. Having already received citizen input under B.1, the Mayor opened the floor for Council discussion. Council member Williams led the discussion by stating that he was not happy with what happened as the last meeting. He believes that a dangerous political precedent was set, by allowing nominations from the floor as it creates the ability to remove any candidate from the board and thus becomes political. His opinion is that appointments go back to the way it was. Current members requesting reappointment would be reappointed and the Chairman would be responsible to make recommendations to open seats. Council member Williams stated that we should honor the time contributed by current members seeking reappointment as having previous knowledge of the Town, rather than reconsidering their position with a candidate with better credentials and no Town experience. Mayor Pro Tem Cates disagreed with William’s suggestion that tenure should bare relevance when considering a candidate for reappointment and stated that there might be attendance issues with some of the current members. Council member Williams countered that it should be the responsibility of the Chairman to make appropriate recommendations based on service and attendance. Council member Spence joined the discussion saying that in the seven years as an elected official he has never seen a vote reversed or someone kicked off a board. Council member Spence advised that he worked on the Home Rule Commission for two years and the one thing that all 16 members agreed on was how important volunteerism was to the Town. Council member Spence continued that while the resume is a good starting point when considering an appointment to serve, we need input from every type of person, housewives, people with experience and also people that have served the Town previously. Council member Spence ended by saying that he did not know how something that Council vote on could be overruled, however, he hopes that he never sees it again. Andy Hayes, 25 W. Hillside Pl. Suggested to Council continued advertisement of openings on Channel 7 and the marquee is a good idea. Mr. Hayes advised that the boards and commissions should interview the candidates to determine the best recommendation for the Chairman to communicate to the Council. Mr. Hayes informed that the skill set needed to sit on these board and committee members is different than what it was a few years ago. He believes that Council should have the opportunity to review the applications and that the appointment should be decided on per Council vote. Don West, 212 Ridge View Ln Addressed Council saying that simply establishing a process for the appointments to a board or committee makes all kinds of common sense and then apply rigorously. Mr. West suggested that Council define the process and respect the volunteers. Council member Edstrom advised that her concern is with the Town’s future growth. After reviewing the tape of this meeting, she questioned if the most experienced candidate was appointed as she did not hear Chairman Hill make a recommendation and there was approximately one minute of hesitation before a motion was made. She said that the accusation that her request was politically motivated was inaccurate as her concern is for the 900 acres of land yet to be developed and it is because of this that the Town needs that highest level of experience serving on this Commission. Council members Edstrom advised that like other citizens 132 she was looking for dialog from the Council members as to how they came to their decision at the June 20th meeting and she questioned Council members Williams and Foley’s opposition to the July 18th vote as either could have nominated the candidates that was removed from his seat. Mayor Sanders took a point of personal privilege to comment that this methodology of taking nominations was not implemented or contrived to be political in any sense, as suggested by some, but rather in an attempt to establish an appointment process that is fair. Mayor Sanders explained that the methodology of taking nominations and then calling for a vote is a result of his personal observation of practices that were changed on the fly. He referenced that EDC 4A had been told to interview candidates and then make a recommendation to Council for appointment to an open seat. There was also discussion that current members may have to recommend themselves for reappointment, which also shows a lack of methodology. Mayor Sanders discussed these processes with a good friend who worked as the Town Manager in Garland for sixteen years and another eight as the Town Manager in Arlington. The Mayor also referenced the Charter that states that the Council makes the appointment rather than blindly accepting the chairman’s recommendation and suggested that perhaps the Charter should have been more specific when outlining this process. Mayor Sanders stated that he might have misinterpreted the Council’s intent with having the freedom to appoint, but never the less that was his interpretation. He has since learned from Council that they did not like having to make nominations and so the Mayor advised that they would change this process tonight and will try to find a process that works for everyone. There was no motion made and no action was taken. D.4 Discuss and take appropriate action regarding the appointment of members to serve on EDC4B: A. Discussion and receive recommendation and/or nominations for appointment to Economic Development Corporation 4B. B. Discuss and take appropriate action regarding a Resolution appointing citizens to five (5) seats on EDC 4B. Mayor Sanders informed the Council that four of the five openings were being sought after by current members requesting reappointment and asked if EDC 4B would like to make a recommendation for the last opened seat. Andy Hayes, 25 W. Hillside Pl. Advised that he is a little confused with the process for appointments as had told some members of Council that he planned on resigning from EDC 4B after he was appointed to the P & Z Commission at the July 18th meeting. However, with the discussion that the P & Z appointments were going back on the agenda he wanted Council aware that he would not be resigned from EDC 4B because he wants to serve the Town whether if be on EDC 4B or on P & Z. Council member Edstrom questioned the process that was going to be used for appointments. The Mayor confirmed that Council would be using the old way. Council member Edstrom made a motion to approve 1.) Jim Hicks 2.) Andy Hayes 3.) Doyle Nicholson; 4.) Rebecca Shuman and 5.) Larry Crosser to EDC 4B; Mayor Pro Tem Cates, seconded the motion. Floor was opened for discussion. Council member Williams questioned that Mr. Claussen’s application suggested that he is interested but does not have knowledge in this area. Council Member Williams confirmed with Mr. Crosser that he has 40 years business experience and that he was retired. Motion passed unanimously without further discussion. RES. 2005-19 D.5 Discuss and take appropriate action regarding a Resolution adopting Tax Abatement guidelines and criteria for the Town of Trophy Club. Mayor Sanders advised that the resolution included is a consolidation and extraction of various abatement policies used by other Towns that provide Council with some ideas of processes that could be used, and that the resolution without the redlines was submitted to Council previously for their review. Council member Williams made a motion to approve; Council member Edstrom seconded the motion. Floor was opened for discussion. Council member Spence likes that we have this resolution as a tool. Council member Edstrom likes the way the criterion is defined. Mayor Sander advised that this is a new area to the Town and that he appreciated Town Attorney, Patricia Adams putting it together. Motion passed unanimously. RES. 2005-20 133 D.6 Discuss and take appropriate action regarding a resolution authorizing the Town to enter into an Interlocal Agreement for the purpose of Cooperative Purchasing of Goods, Products and/or Services with those cities or entities that adopt the said agreement within Tarrant County, Texas. Council member Edstrom made a motion to approve; Council member Spence seconded the motion. Floor was opened for discussion. Motion passed unanimously without discussion. RES. 2005-21 Mayor Sanders asked the Council if there were any items they wished to remove from the Consent Agenda. Mayor Sander brought the July 18th, 2005 Minutes to their attention advising that the minutes did not include the EDC Task Force mission statement in the minutes. D.7 Consent Agenda- Discuss and take appropriate action regarding a Resolution approving the 2005-2006 Interlocal Agreement between the Town and Dallas County Community College on behalf of Cedar Valley College. RES. 2005-22 D.8 Consent Agenda: Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2005-17 in its entirety, and adopting a new Ordinance relating to a new construction fee schedule for the Town. ORD. 2005-20 D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated July 18, 2005. Council member Edstrom made to motion to approve Consent Agenda items D.7 – D.9 with the addition of the following mission statement added to the July 18th, 2005 minutes; Council member Spence seconded the motion. Motion passed unanimously. Mission Statement Businesses succeed in the Town of Trophy Club only when they meet and exceed the expectations of the residents and customers. People live in the Town of Trophy Club because they can come home to a way of life that creates a high quality of family experiences and lifelong memories. As the community continues to develop, it is essential that the existing character of the community be retained and enhanced wherever possible to preserve these important aspects. We strive to be a center for shopping, dining, the arts and entertainment. Our mix of new and existing retail provides year-round attractions, restaurants, and events that give a wide variety of daytime and evening activities. These activities include all ages, cultures, ethnicities, and family structures. Customers enjoy beauty and charm that entice them to be involved in the activities. In creating a village atmosphere, we celebrate the diversity and power of people, ideas, and cultures. By partnering and motivating profitable relationships between the business owners and the developers, we create an achievable successful experience for all. 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. Reconvened into the Budget workshop at 8:50 p.m. Town Council requested that Adam place an item on a future agenda to discuss and take appropriate action for charging fees for the use of the pool and other facilities to a future agenda. Mayor Sanders advised that DR Horton has suggested possibly making a presentation to the Council the week of August 22nd, 2005 Advised that a Public Hearing for the Budget has been scheduled for August 15th, historically Council has approved the budget in a special meeting following the Public Hearing, however the next meeting to fall would be on September 5th. Tentatively scheduled a special session for August 29th to approve the budget. Council member Williams made a motion to adjourn; Council member Edstrom seconded motion. Motion passed unanimously without discussion. 134 F.1 Adjourned at 9:41. ________________________________ Mayor, Town of Trophy Club _________________________________ Town Secretary, Town of Trophy Club 135 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.10 Consent agenda: Discuss and take appropriate action to approve financials dated July 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 136 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.11 Additional Information for Council EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rcb) Attachments: 1. Information Memorandum 2. Fire Services Monthly Report 3. Police Services Monthly Report 4. Court Monthly Report 137 INFORMATION MEMORANDUM To: Town Council From: Randall C. Briggs-Director Police and Fire Services Date: 02 August 2005 Subject: Comparison of YTD Below are the monthly fire services stats for the month of July 2005. The final three pages are a comparison of the annual stats from YTD 2004 and 2005. As you can see we are 110 calls ahead of 2004 or a 65% increase in Incident calls. The second chart is a comparison of action taken summary, which shows an increase of 119 or a 68% increase. We are continually increasing our calls for service. The main increase has been in EMS calls that show an increase from 147 calls or 56.32% of all our calls in 2004 to 137 calls, 66.50% in 2005. Overall, we are seeing an increase in all types of calls for service and are anticipating an increase in the service level for the citizens of Trophy Club. 138 TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT FOR INFORMATION ONLY JULY 2005 139 140 141 142 143 144 TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT FOR INFORMATION ONLY JULY 2005 145 Monthly Crime/Patrol Statistics - July 2005 Tr a f f i c S t o p s Tr a f f i c C i t a t i o n s (M o v i n g ) Tr a f f i c C i t a t i o n s (N o n - m o v i n g ) Pa r k i n g C i t a t i o n s Wa r n i n g C i t a t i o n s Ve h i c l e S e a r c h e s DW I I n v e s t i g a t i o n s Ac c i d e n t s Fe l o n y A r r e s t s Mi s d e m e a n o r Ar r e s t Di s p a t c h e d C a l l s Nu m b e r o f W r i t t e n R e p o r t s Ou t o f C i t y A s s i s t a n c e C a l l s Da y s W o r k e d TOTAL 261 102 81 14 71 11 0 1 2 11 299 77 12 196 Cpl. Voigt #042 6 1 0 2 4 0 0 0 0 0 1 3 0 Out of City Assistance Calls 1.27% Traffic Stops 27.71% Traffic Citations (Moving) 10.83% Number of Written Reports 8.17% Misdemeanor Arrest 1.17% Traffic Citations (Non-moving) 8.60% Parking Citations 1.49% Warning Citations 7.54%Vehicle Searches 1.17% DWI Investigations 0.00% Accidents 0.11% Felony Arrests 0.21% Dispatched Calls 31.74% 146 CID July 2005 Reckless Driving Count 2.22% Harassment Count 6.67% Information Report Count 2.22% Indecency with Child Count 4.44% Identity Theft Count 2.22% Mail Fraud Count 2.22% Poss Drug Para Count 4.44% Criminal Mischief Count 17.78% Assault - FV Count 2.22% Assault Count 2.22% UCW Count 2.22%Tamp W/Gvt Records Count 2.22% Theft Count 4.44% Found Property Count 4.44% Forgery Count .11% Fireworks Violation Count 2.22%Credit Card Abuse Count 2.22% Burglary Habitation Count 2.22% BMV Count 8.89% Assault BI-FV Count 4.44% Recovered Stolen Prop Count 2.22% Runaway Child Recovered Count 2.22% UUMV Count 2.22% 11 147 DATE OF OFFENSE Assault Count 1 Assault - FV Count 1 Assault BI-FV Count 2 BMV Count 4 Burglary Habitation Count 1 Credit Card Abuse Count 1 Criminal Mischief Count 8 Fireworks Violation Count 1 Forgery Count 5 Found Property Count 2 Harassment Count 3 Identity Theft Count 1 Indecency with Child Count 2 Information Report Count 1 Mail Fraud Count 1 Poss Drug Para Count 2 Public Intoxication Count 1 Reckless Driving Count 1 Recovered Stolen Prop Count 1 Runaway Child Recovered Count 1 Tamp W/Gvt Records Count 1 Theft Count 2 UCW Count 1 UUMV Count 1 Grand Count 48 148 (8/29/05) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.D.12 Items for Future Agenda. Council and/or Staff has requested the items listed be considered at a future Council meeting. Council and Staff will have the opportunity during this session to update this list. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek. 3. Discussion and appropriate action for an Ordinance to approve vacant land appraisal. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None 149 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-15-2005 Subject: Agenda Item No.F.1 Adjourn. (lr) 150