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Agenda Packet TC 10/17/2005 - CANCELLEDTown of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, October 17, 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: · Update Denton County Elections Personnel Polices Community Development: · Update Road Construction Administration Building Addition Electronic Marquees Finance: · Update Annual Audit Information System: · Software and Systems Update No updates to report. Parks and Recreation: 1 · Facilities and Programs Fall Festival Medians and Commons Marshall Creek Park Planning & Zoning: · Zoning Submissions DR Horton Zoning Submission Police and Fire Services: · Police Services Bureau DPS is currently developing questionnaires for an internal and external review of the Police Services Bureau. Public Safety Citizen Advisory Group met to discuss the revision of the scooter ordinance. · Fire Services Bureau Fire Service Bureau has been busy with the local schools and churches providing Fire Education Classes during Fire Prevention Month. Municipal Utility District: · Upcoming Projects The Elevated Tank New Permit Language B.3 Discuss and take appropriate action regarding a Proclamation recognizing the TC Trekkers, who participated in the Breast Cancer 3-Day Walk on June 10, 2005. B.4 Discuss and take appropriate action on a Resolution authorizing the Town's participation in the America Supporting Americans program where Towns adopt an armed services unit and provide them support. D.1 Discuss and take appropriate action regarding a proposed draft of the employee services contract drafted by Pam Liston, Bob West and Patricia Adams. D.2 Discuss and take appropriate action regarding a Resolution memorializing the interest of the Town and of the EDC4B to enter into an agreement to provide economic incentives to Midwest Commercial Realty. D.3 Discuss and take appropriate action regarding a Resolution to appoint one candidate to serve on the Board of EDC 4B. D.4 Discuss and take appropriate action to approve Minutes dated, October 3, 2005. D.5 Consent agenda: Discuss and take appropriate action to approve financials dated September 2005. 2 D.6 Additional Information for Council as provided by the Department of Police and Fire Services. D.7 Items for Future Agenda. 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. Parks and Recreation Director, Adam Adams advised that currently proceeding with budget plans from last year and suggested the possibility of bringing in a Park Planner as an independent contractor. 3. Status of street repairs and bonds, including recommendation. 4. Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for (candidates names) to serve as a member of the Denton Central Appraisal District Board of Directors. November 21st, 2005 5. Mayor Sanders requested, discussion and appropriate action for signage on Indian Creek indicating one-lane streets. 6. Mayor Pro Tem Cates requested the Public Safety Advisory Group to start researching ways to handle the garage sale traffic. 7. Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17 regulations and operation of motor assisted scooters. (November 7th, 2005) 8. Evaluate Park fees with consideration to association fees. 9. Election of a task force, as Suggested by Council member Spence of five to work with the school district on joint use option. (November 7th, 2005) E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2) "Deliberation Regarding Economic Development Negotiations", Section 551.074 "Personnel Matters", and Section 551.071 (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) To discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For Consultation with the Town 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 (§551.071 (b)). (1) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use development and legal advice regarding the proposed development, zoning and platting, potential economic incentives and contractual agreements, potential contracts for water and wastewater services, traffic impact, ordinance requirements, and matters related to the proposed development. (B) To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.07 4 (a) (1) of the Texas Open Meetings Act and for Consultation with the Town 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 (§551.071 (b)). (1) Future retirement of Town Manager Donna Welsh, retirement benefits, and transition. 3 E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.A.2 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 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." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 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. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 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: · Update Denton County Elections Personnel Polices Community Development: · Update Road Construction Administration Building Addition Electronic Marquees Finance: · Update Annual Audit Information System: · Software and Systems Update No updates to report. Parks and Recreation: · Facilities and Programs Fall Festival Medians and Commons Marshall Creek Park Planning & Zoning: · Zoning Submissions DR Horton Zoning Submission Police and Fire Services: · Police Services Bureau DPS is currently developing questionnaires for an internal and external review of the Police Services Bureau. 9 Public Safety Citizen Advisory Group met to discuss the revision of the scooter ordinance. · Fire Services Bureau Fire Service Bureau has been busy with the local schools and churches providing Fire Education Classes during Fire Prevention Month. Municipal Utility District: · Upcoming Projects The Elevated Tank New Permit Language EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding a Proclamation recognizing the TC Trekkers, who participated in the Breast Cancer 3-Day Walk on June 10, 2005. EXPLANATION: RECOMMENDATION: As requested by Council member Edstrom. ACTION BY COUNCIL: (lmr) Attachments: 1.Proclamation 11 TOWN OF TROPHY CLUB PROCLAMATION NO. 2005- TC Trekkers A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, RECOGNIZING THE MEMBERS OF THE TC TREKKERS WHO REPRESENTED OUR TOWN IN THE BREAST CANCER 3-DAY WALK; WHO BY THEIR PARTICIPATION HELPED RAISE AWARENESS OF THE DEADLY DISEASE OF BREAST CANCER; RECOGNIZING AND THANKING THEM FOR SUPPORTING RESEARCH TO FIND A CURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is fortunate to be home to residents who participated in the Breast Cancer 3-Day Walk, beginning on June 10, 2005, to help raise awareness for a disease that effects over 200,000 women every year; WHEREAS, the Town of Trophy Club and the TC Trekkers are committed to finding a cure for breast cancer for the sake of our children and children's children; and WHEREAS, the TC Trekkers raised approximately $12,000.00, with the net proceeds benefiting the Susan G. Komen Breast Cancer Foundation, to fund research, education, screening and treatment, as well as the National Philanthropic Trust Breast Cancer Fund. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, recognizes and commends the following individuals for their participation in the 3-Day Breast cancer walk: Connie White Patti Stoltz Carolyn Lane Ginny Denmark Julie Stapleton Section 2. That the Town of Trophy Club acknowledges each of these individuals for their compassion and commitment in participating in an event supporting the fight of breast cancer. Section 3. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] __________________________________________ Town Secretary Town of Trophy Club, Texas 12 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.B.4 Discuss and take appropriate action on a Resolution authorizing the Town's participation in the America Supporting Americans program where Towns adopt an armed services unit and provide them support. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. ASA 2005 Annual Business Plan 3. Resolution 4. Adoption Agreement 13 14 15 16 17 18 19 20 21 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE TOWN OF TROPHY CLUB TO ADOPT A UNIT THROUGH THE AMERICA SUPPORTING AMERICANS (ASA) PROGRAM; DESIGNATING A PERSON TO SERVE AS LIAISON BETWEEN THE TOWN, THE ADOPTED UNIT, AND ASA; AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, American military forces are either engaged in defending or are prepared to defend and support American interests and principles, and WHEREAS, the Adopt-a-Unit program created by America Supporting Americans on March 4, 1968 provides a mechanism whereby all branches of the United States Armed Services can be "adopted" by American communities, and WHEREAS, the purpose of this adoption program is to create a bond between American communities and the military men and women who bravely serve their country, and WHEREAS, this bond is intended to support the morale of said service men and women without regard to individual political ties or affiliations, and WHEREAS, in recognition of the challenges confronting American service men and service women, it is appropriate and fitting that the Town of Trophy Club, Texas show its support by adopting a unit, ship or squadron. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: That the Town Council of the Town of Trophy Club hereby adopt and offer its ongoing respect and support, in time of war and in time of peace, to the following unit/ship/squadron: ________________________________, Section 2: That the Town Council, or other comparable civic authority, hereby designates the following individual as the official, primary liaison between this community, the newly adopted unit/ship/squadron, and America Supporting Americans, as the organization which has facilitated this adoption: Steven Kohs. All contact information for this individual is included in the Adoption Agreement Form accompanying this Adoption Resolution. Section 3: The Town of Trophy Club, Texas hereby encourages all Town employees, businesses, service clubs, charitable organizations, and private citizens to become involved in supporting this adoption. 22 Section 4: That the Mayor is hereby authorized to add to this Resolution the name of the unit/ship/squadron assigned to the Town for adoption by America Supporting Americans without further action on the part of the Town Council and to execute all necessary documents related to the Town’s participation in this program. Section 5: A copy of this resolution shall be posted in a central, public place and shall be sent to the NCTCOG urging participation in this cause. Section 6: That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17 day of October, 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 23 AAMMEERRIICCAA SSUUPPPPOORRTTIINNGG AAMMEERRIICCAANNSS:: AADDOOPPTTIIOONN AAGGRREEEEMMEENNTT FFOORRMM FFOORR CCIITTIIEESS Congratulations on your community's decision to adopt a unit through the ASA program! We are delighted you have chosen to join the ASA adoptive family. Of course, we believe you could not have found a more wonderful way to support the men and women of our armed services, and we expect you will find it just as rewarding to your community as it will be to the members of the unit, ship, or squadron you have adopted. In order to finalize this process, we ask that you fill out, sign, and return this form, together with your community's Adoption Resolution, to ASA's office in California: Linda Patterson America Supporting Americans P.O. Box 574 Pacific Palisades, CA 90272 If you have any questions, please direct them to Linda Patterson at (310) 459-5625. Linda's email address is artavia101@earthlink.net. Thank you! It is hereby agreed that (city/state):Town of Trophy Club, Texas is adopting the following unit, __________________________________________________________________________________________, through the AMERICA SUPPORTING AMERICANS (ASA) Adopt-a-Unit Program. It is further agreed that our community will regularly engage in activities designed to support this unit. We have chosen a primary and secondary contact person for this program. We understand that at least one of these people must be a city employee who can receive information, mailings, phone calls, and email through city hall, or a comparable official administrative location for our community. The primary contact person in our community for this program will be: Name: Mr. Steven Kohs Address: 18 Overhill Drive Trophy Club, TX 76262 Phone: 817-491-2223 Email: __________________________________ _____ This person is a city employee whose contact information, as listed above, corresponds to an administrative office for our municipal government. Our secondary contact person will be: Name: Mr. Adam Adams Address: 100 Municipal Drive Trophy Club, TX 76262 Phone: 682-831-4600 Email: __________________________________ __X__ This person is a city employee whose contact information, as listed above, corresponds to an administrative office for our municipal government. The name(s) of our local newspaper(s) is (are) Alliance Regional News _______________________________________________________________________________________________________________ The name(s) of our local radio stations(s) is (are) __________________________________________________________________________ _______________________________________________________________________________________________________________ ______. We agree to remain in contact with ASA, providing ASA with any changes in the above information, and returning to ASA the Adoption Update Forms which will be sent to us by ASA on a semi-annual basis. ASA may include the name of our community in the list of adoptive communities on the ASA website. In promoting or publicizing this adoption or adoption related activities, 24 through whatever media, we will, if possible, include the fact that we adopted this unit through AMERICA SUPPORTING AMERICANS. We also agree that at least one of the two contact people for this adoption will always be a city employee who can be reached as described in the printed paragraph above. Signed: ______________________________________________Printed name: ____________________________________________ Mayor (or comparable civic official) Date: _____________________________________________ Accepted: ________________________________________________ For AMERICA SUPPORTING AMERICANS 25 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding a proposed draft of the employee services contract drafted by Pam Liston, Bob West and Patricia Adams. EXPLANATION: Master District approved this contract on Thursday, October 13, 2005. RECOMMENDATION: Staff recommends approval ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Contract 26 NEW INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES This New Intergovernmental Contract for Employee Services (the “Contract”) is between the following parties: Trophy Club Master District (the “Master District") 100 Municipal Drive Trophy Club, Texas 76262 and The Town of Trophy Club, Texas (the “Town”) 100 Municipal Drive Trophy Club, Texas 76262 WHEREAS, The Master District is an administrative agency and joint operating board established by Trophy Club Municipal Utility District No. 1 (“MUD1") and Trophy Club Municipal Utility District No. 2 (“MUD2") under a written agreement entitled NEW MASTER DISTRICT CONTRACT dated and effective as of October 4, 2000, as amended. Each of MUD1 and MUD2 is a municipal utility district created and operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including, particularly, Chapter 54 and 49 of the Texas Water Code, as amended. The Master District is structured and operates as a separate entity joint venture, with MUD1 and MUD2 being the equal controlling owners of the joint venture. This Contract is signed by the Master District in its capacity as the operator of common water and wastewater facilities in the Trophy Club and Solana-Westlake projects. WHEREAS, The Town is a home rule municipal corporation duly organized and operating pursuant to the Constitution and laws of the State of Texas and its home rule charter. WHEREAS, The Master District and the Town each perform certain governmental services or functions within their respective jurisdiction. Prior to October 1, 1998, the MUD1 (in its capacity as the “Master District” at that time for itself and MUD2) and the Town each had their own employees to perform various services and functions. By a written agreement dated and effective as of October 1, 1998, entitled INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES (the “1998 CONTRACT FOR EMPLOYEE SERVICES”), MUD1 (in its capacity as the “Master District” at that time for itself and MUD2) and the Town agreed that all employees of MUD1 became employees of the Town subject to the personnel policies of the Town and included on the payroll of the Town so that employment salaries, benefits, and personnel policies of both MUD1 and the Town could be administered more efficiently, effectively, and economically. With the execution of the 1998 CONTRACT FOR EMPLOYEE SERVICES, the Town (through its employees including those personnel who formerly were employees of MUD1) began performing services that previously had been part of MUD1’s operations for the benefit of itself and MUD2. This Contract is to update, modify, and supersede the 1998 CONTRACT FOR EMPLOYEE SERVICES. 27 WHEREAS, This Contract is executed by the Master District and the Town as an intergovernmental or interlocal contract under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code and is an amendment and renewal of the 1998 CONTRACT FOR EMPLOYEE SERVICES. WHEREAS, This Contract has been authorized by the governing body of each party to this Contract. The governing body of each party to this Contract has determined that the terms and provisions of this Contract are desirable, fair, and advantageous for that party and therefore the Contract serves a valid public purpose. WHEREAS, The parties to this Contract believe that their longstanding contractual and cooperative relationship has benefited both the Town and the Master District, and their respective taxpayers and customers, because the administration of employment issues is handled in a more efficient, effective and economical manner, and governmental services which are the responsibility of each of the respective entities are performed by a single work force consisting of Town employees. Moreover, while the Master District and the Town each performs distinct governmental services or functions within their respective jurisdictions, they also have a community of interest in performing these services and functions. The Master District and the Town have determined that this community of interest is best served by continuing their cooperative and intergovernmental contractual relationship with respect to employment services. WHEREAS, The parties hereby confirm their understanding and intent that all persons who were employed by MUD1 (in its capacity as the “Master District” at that time for itself and MUD2) performing work in the operations of the Master District immediately prior to October 1, 1998, became employees of the Town as of October 1, 1998, for all purposes, with the Town responsible on and after October 1, 1998, for all salary, benefits, and other compensation of such employees and with such employees subject to the personnel policies of the Town. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the Trophy Club Master District do hereby contract and agree as follows: I. Term This Contract shall become effective upon approval by both of the respective governing bodies of Town and Master District and upon execution by their respective authorized representatives. The Contract shall continue in effect until October 1, 2006. Either party may terminate this Contract as provided herein. II. Scope of Employment Services. 28 Town shall provide employees to perform services for Master District in accordance with the terms of this Agreement. The parties understand and agree that on and after the effective date of this Agreement, all such employees are employees of the Town subject to the personnel policies of the Town in accordance with the terms of this Agreement. The parties hereto agree that the attached organizational chart identifies the structure of the respective operations of the parties and their relationship under this Contract. The Organizational Chart is attached hereto and incorporated herein as Exhibit A. III. Master District Management The Master District retains a Master District Manager to oversee the operations of the Master District (hereinafter “District Manager”). The District Manager may be an independent contractor or an employee of the Master District but in neither case is the District Manager an employee of the Town. This Contract is not intended to make any change in any separate contract between the Master District and the District Manager ("District Manager Contract"). Whether the District Manager is an independent contractor or an employee of the Master District, the District Manager shall be compensated by the Master District and report directly to the Board of Directors of the Master District. The person designated as the District Manager for the Master District shall be supervised and directed by the Board of Directors of the Master District. IV. Compliance with Town Personnel Policies Under the terms of the District Manager Contract, where applicable, or under the terms of the employment of the District Manager, where applicable, the District Manager shall be either contractually or as a term of employment, whichever applies, required to comply with the personnel policies and procedures of the Town in fulfilling his obligations for the management and oversight of Master District operations. The parties hereto understand and agree that the Town employees shall be subject to the personnel policies and procedures adopted by the Town. V. Master District Standard Operating Procedures. The Master District retains the authority to adopt standard operating procedures (“SOPs”) regulating and governing the operational control of Master District assets and facilities; however, the scope of such standard operating procedures shall relate only to technical matters governing Master District operations and shall not conflict with the Town personnel policies and procedures. Prior to the issuance of any standard operating procedures, such SOPs shall be submitted to the Human Resources Manager or equivalent position for review and to allow such person to identify any inconsistencies or conflict between the proposed SOPs and the Town personnel policies. The Town shall provide written notice to the District Manager of any such conflict between the SOPs and the Town policies and of any matters that the Town determines to regulate matters other than those operational matters for which SOPs are allowed under this 29 Contract. In the event of a conflict, the parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both the Master District and the Town. As used in this Contract the terms “operation(s),” “operational,” “operational functions,” or “operational standards” shall mean those technical functions performed by Town employees for the Master District which are governed or regulated by a state or federal regulatory agency, regulatory standards or permit standards, or other applicable local, state, or federal law or which are regulated by an SOP of the Master District pursuant to this Contract. VI. Compliance with Standard Operating Procedures of the Master District Subject to the requirements set forth in Paragraph V above, while this Contract is in effect, the Town agrees that all employees providing services to the Master District shall follow the Master District’s SOPs governing the operational aspects of Master District assets and facilities. VII. Approved Positions and Funding Each year, as part of the approval of the respective budgets of the parties, the governing body for each of the parties approves a listing of funded positions or an organizational chart showing all funded employee positions. The approved budgets contain detailed information regarding the amount of money that each of the parties hereto contributes toward the expenses of funding employee positions. The Town and the Master District agree hereunder that the positions and payment approved in their respective budgetary processes shall comply with the terms of this Contract and shall serve as partial consideration for the services provided under this Contract. VIII. Compensation. As compensation for the services provided or to be provided to the Master District by the Town under this Contract, upon the Town presenting a detailed listing of all incurred expenses the Master District agrees to pay to the Town at least monthly an amount equal to the actual costs incurred by the Town for salary, benefits, and other compensation of the Town employees providing services to the Master District, subject to Paragraph VII of this Contract. The term “actual costs” as used in this Contract means those costs that the Town incurs over and above the cost that the Town would incur if it were not providing personnel to perform services for the Master District operations. Whenever practical to do so, the Town shall have costs (other than employee costs) associated with Master District functions charged directly to the Master District, including but not limited to training expenses, travel, supplies, administrative and other miscellaneous costs not directly attributable to salary benefits and other compensation. As further consideration for the services of Town employees, Master District agrees that the use of all equipment owned by or leased to Master District may be used by licensed and/or qualified Town employees in the performance of services for Master District pursuant to this Agreement. 30 IX. Policies and Decisions This Contract is intended to provide for the furnishing of employment services by the Town to the Master District in the Town’s capacity as an independent contractor. The Master District retains all right, power, and control that it has by law and by the New Master District Contract to set policies and to make decisions regarding the services provided by Town employees in the performance of operational functions for the Master District and the operation of Master District assets and facilities. As new or additional employees are needed to perform services for the Master District, the Town shall follow Town personnel policies and procedures in the selection of those employees. Prior to the hiring of any employee to perform services for the Master District, the Town shall request from the Master District, or its designee, the approval of the selection, , compensation, benefits, and job description of each such employee. The Town agrees to follow the Master District’s recommendations for selection, compensation, benefits, and job description of each employee performing services for the Master District. In the event of a conflict under this paragraph, the parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both the Master District and the Town. The Master District shall not be required to fund any decision that it has not approved regarding an employee performing services for the Master District. Decisions by the Master District under this Contract shall be made by the Board of Directors of the Master District or by its designated officer(s) or agents. All Town employees performing services in the operations of the Master District shall be supervised and directed by persons approved by the District Manager. Nothing in this Contract shall be interpreted as an abdication by the Master District or MUD1 and MUD2 as the joint venture partners in the Master District of their governmental rights, powers, and duties with regard to services provided by the Master District. X. Discipline The parties agree that the Town’s standard personnel policies and disciplinary procedures shall apply to all Town employees performing services in the operations of the Master District. The Master District shall have the right, for good cause upon the violation of operational standards, or for violations of SOPs, as allowed by the Town’s personnel policies, to require that a particular Town employee be removed from performing services in the operations of the Master District, provided however, that the removal of an employee shall not be required until such employee has been disciplined in accordance with Town policies and had an opportunity to avail himself of any and all appeals allowed under the Town’s personnel policies and procedures. XI. Liability; Insurance; Indemnification The Town shall be responsible for the acts, negligence, and omissions of its employees performing services in the operations of the Master District, unless the acts or omissions were 31 pursuant to operational standards or SOPs of the Master District or District Manager or actions or omissions performed pursuant to or under the direction, supervision, or instruction of the Master District or the District Manager. If the acts or omissions were pursuant to operational standards or SOPs of the Master District or District Manager, or the acts or omissions were performed pursuant to or under the direction, supervision, or instruction of the Master District or the District Manager, the Master District shall assume liability for the acts, negligence or omissions of Town employees. The parties to this Contract shall each individually obtain insurance, with coverages as mutually agreed upon, that the parties determine will insure themselves individually and collectively from liabilities related to and arising out of this Contract and fulfill the indemnity obligations of each party, to the extent allowed by law, under this Contract. Such insurance shall insure against liability arising out of or related to the work performed by Town employees under this Contract, with both parties named as additional insured under such insurance policies. To the extent allowed by law, both Town and Master District agree to defend, indemnify and hold each other harmless from their respective negligence or intentional conduct arising out of or related to this Contract and resulting in harm to them individually or to a third party, including without limitation property damage to the parties hereto or to a third party. The indemnity extends to all costs and expenses incurred, including reasonable attorney’s fees, to defend against, settle or pay the claim asserted by another. In the event a claim is made by another against either the Town or the Master District, written notice of the claim shall immediately be given to the other party, in order that the other party may determine whether its indemnity duty must be performed and in order to allow the indemnitor to perform indemnity. If any part of the foregoing indemnity shall be deemed or determined unenforceable or contrary to public policy by a court of competent jurisdiction, then each party shall contribute to any judgment according to its percentage of fault. Neither Town nor Master District waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions and nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either Town or Master District. XII. Further Cooperation The parties to this Contract agree to cooperate to sign and deliver any other documents that may be necessary or appropriate to implement the provisions of this Contract. In the event of a conflict under this Contract, the parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both the Master District and the Town. XIII. Termination 32 This Contract may be terminated by either party at any time upon thirty (30) days written notice to the other party. XIV. Execution and Date. This Contract is signed by the parties in multiple counterparts. This Contract is dated and shall be effective for all purposes as of October 1, 2005. TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB, TEXAS By: _____________________________ By: __________________________ Kevin Carr Nick Sanders, Mayor Chair, Board of Directors Attest: Attest: By: _____________________________ By: __________________________ Carol A. Borges Secretary, Board of Directors Town Secretary Approved as to form: Approved as to form: __________________________________ ______________________________ Robert G. West Patricia A. Adams, Town Attorney Attorney for Trophy Club Master District Town of Trophy Club, Texas __________________________________ Pamela Liston Attorney for Trophy Club Master District 33 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding a Resolution memorializing the interest of the Town and of the EDC4B to enter into an agreement to provide economic incentives to Midwest Commercial Realty. EXPLANATION: This action on the part of EDC4B is being recommended in an attempt to spur commercial development within the tract of land (16 acres) owned by Midwest Commercial Realty. RECOMMENDATION: Staff recommends approval of this agenda item ACTION BY COUNCIL: (rau) Attachments: 1. Resolution 34 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AND THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B, REPEALING RESOLUTION NO. 2003- 04 AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT WITH MIDWEST COMMERCIAL REALTY; DESIGNATING TERMS OF THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas, recognizes the need to attract and retain economic development projects; WHEREAS, the construction of community property such as restaurants and hotels as proposed by Midwest Commercial Realty (hereinafter “Project”) will promote new and expanded business development, which will be beneficial to the Town, and will also increase the sales tax revenue to the Town and the EDC4B; WHEREAS, Midwest Commercial Realty is currently in negotiations with a national hotel chain on a proposed project on the site; WHEREAS, the EDC4B currently has funds available for the proposed Project and has agreed to funding as specified in Exhibit “A”, a copy of which is attached hereto and incorporated herein; and WHEREAS, the EDC4B and the Town of Trophy Club believe it to be in the best interests of the Town of Trophy Club and its’ residents to pursue the Project with funding specified in Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: That the Town Council of the Town of Trophy Club authorizes and approves the expenditure of EDC4B funds in the manner outlined on the attached Exhibit “A” and such approval is evidenced by the Mayor’s signature on the document. Section 2: That the subsequent agreement memorializing the terms specified in Exhibit “A” is between Midwest Commercial Realty and the EDC4B, and does not run with the land and is not assignable and terminates at such time that Midwest Commercial Realty ceases to be the principal developer. Such agreement shall contain provisions allowing EDC4B the opportunity to recover funds paid on this Project in the event of breach or default under the agreement by Midwest Realty. 35 Section 3: That a substantial copy of the funding provisions of the agreement between Midwest Commercial Realty and EDC4B is attached hereto as Exhibit “A” and that such amount shall not exceed $100,000. Section 4: That if this development incentive is not initiated within one year of the effective date shown on the attached signature page the agreement automatically terminates. Section 5: That the passage of this Resolution is only an expression of the interest of the Town and of the EDC4B to enter into an agreement with Midwest Commercial Realty and does not evidence a binding obligation on EDC4B or the Town to enter into an agreement to provide funding for the Project unless the nature and quality of such Project is approved for economic development incentives and the terms of such agreement are approved by Town Council. Section 6: That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17 day of October, 2005. _______________________________ Mayor Town of Trophy Club, Texas ________________________________ James Hicks President, Economic Development 4B ATTEST: ___________________________ Town Secretary Town of Trophy Club, Texas [SEAL] 36 APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas EFFECTIVE: _________________ 37 EXHIBIT A Point of Payment: Fifty Thousand dollars to be paid at the time Certificate of Occupancy is issued on any Project expected to produce an annual income of more than $20,000 of combined Town of Trophy Club sales tax, (EDCA, EDCB, and Town) within three years of completion. Second Project: Twenty Five Thousand dollars to be paid at the time Certificate of Occupancy is issued on the second Project expected to produce an annual income of more than $20,000 of combined Town of Trophy Club sales tax (EDCA, EDCB, and Town) within three years of completion. Third Project: Twenty Five Thousand dollars to be paid at the time Certificate of Occupancy is issued on the third project expected to produce an annual income of more than $20,000 of combined Town of Trophy Club sales tax (EDCA, EDCB, and Town) within three years of completion. Alternative “A”: Total annual sales tax revenue to the Town of Trophy Club including EDCA and EDCB generated by the first project to be rebated after completion of the first year of operation and subsequent years through the end of operation in year four. Total aggregate amount of sales tax rebate will not exceed $50,000 over the entire four-year period nor will it exceed $25,000 in any individual year. Maximum total incentive: The maximum amount of incentive utilizing any combination of the above proposals will not exceed $100,000. Agreement: A final agreement shall be required to memorialize the full and final terms and conditions of the grant of economic development incentives for the Project outlined in this Exhibit “A”. Such agreement shall be subject to Council approval, upon recommendation by the EDC4B, and shall comply with all requirements of law. 38 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding a Resolution to appoint one candidate to serve on the Board of EDC 4B. EXPLANATION: Andrew Hayes has resigned from EDC 4B. One application was received for the vacancy. EDC 4B interviewed the applicant and unanimously passed a motion recommending Damian Olthoff for the Town Council’s consideration. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Information Memorandum 2. Application 2. Resolution 39 40 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) CITIZEN TO ONE (1) SEAT ON THE BOARD OF ECONOMIC DEVELOPMENT CORPORATION 4B FOR THE REMAINDER OF THE UNEXPIRED TERM EXPIRING ON JUNE 30, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Board for the Economic Development Corporation 4B; and WHEREAS, the Town Council has considered the qualifications of each of the Applicants who have volunteered to serve on the Board for Economic Development Corporation 4B. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club, Texas, agrees that the following individual is to be designated and is hereby duly appointed to complete a term, expiring June 30, 2007 in the capacity as set out herein: Economic Development Corporation 4B 1. Damian Olthofff Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17th day of October, 2005. ______________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: 41 ____________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 42 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.D.4 Discuss and take appropriate action to approve Minutes dated, October 3, 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. October 3rd, 2005 Minutes 43 MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 3, 2005 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 3, 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 Scott Spence Council Member Beverly Foley Council Member Roger Williams Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Assistant Town Manager/Finance Director Lisa Ramsey Town Secretary 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 A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation. Mayor Sanders 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." Assistant Town Manager/Finance Director, Roger Unger led the pledges. A.4 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: • EDC 4B Opening The Town Council is accepting applications for one opening on EDC 4B. Applications will be accepted beginning Wednesday, September 28 through 44 Wednesday, October 5th. Applications received after the deadline will not be considered. For more information go to: www.ci.trophyclub.tx.us. • TML Annual Meeting The annual meeting of the Texas Municipal League (TML) is being held at the Gaylord Texan Resort on October 26th through October 29th. This is an opportunity to network with other elected officials, State Officials, vendors and staff from cities all over Texas. There are several breakout training session that appear to hold potential benefit to Trophy Club. If you would like to attend any portion of this event please contact Lisa for more information: lramsey@ci.trophyclub.tx.us. Finance: • Audit Services Update We are putting the final touches on the letter of engagement with the firm of Weaver and Tidwell for audit services. We have already begun compiling the data they will need to begin the audit. Community Development: • Road Construction The first half of Shields Court has been paved. The remaining side will be paved this week with driveways and cleanup to follow in the next two weeks. The stabilization process has begun on Indian Creek with paving to begin next week dependent on weather. • Administration Building Addition The annual meeting of the Texas Municipal League (TML) is being held at the Gaylord Texan Resort on October 26th through October 29th. This is an opportunity to network with other elected officials, State Officials, vendors and staff from cities all over Texas. Staff and Elected Officials have registered to attend. Police and Fire Services Police Services Bureau • Currently seeking new Reserves Officers. • DPS will be sponsoring a booth at the Fall Festival. The Department will be providing information on crime prevention, block parties and gunlocks. • Director Briggs attended the International Assoc. of Police Chiefs in Miami last week and was selected to participate the worldwide committee for Public Safety Directors. Fire Services Bureau • The EMS Division of the Fire Department has been awarded funding for RAC (Regional Advisory Committee) funded by State Trauma, in the amount of $1,234.56. Special Events: • Fall Festival scheduled for Saturday, October 15 Festival Pictures Craft Vendors to include: Fundraiser/Children’s Games Food and Beverage Entertainment to include: Karaoke Jack, Farmer Brown Petting Zoo, Rock Climbing Wall, inflatables, Clown animal, Care Flight helicopter. Al Singleton, Dallas Cowboy linebacker and resident of Trophy Club. Assistant Town Manager/Finance Director, Roger Unger advised that an update will be provided at the October 17, 2005 Town Council meeting on the DR Horton zoning submittal received by staff on September 14th, as well as a possible EDC 4A grant for structural and fence improvements at Beck Field. 45 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. No citizen comments. TOWN COUNCIL CONVENED INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action by Resolution to appoint one candidate to the Planning and Zoning Commission. Council member Williams made a motion to appoint Damian Olthoff to the P & Z Commission; Council member Foley seconded the motion. Mayor Sanders introduced P & Z Vice Chairman, James Stephens who was present in Chairman Gene Hill’s absence. The floor was opened for discussion. Council Member Williams stated that he was upset to see a resignation so soon after the contention problems created with the last appointment process. Mayor Pro Tem Cates stated that precedence was set after the last P & Z appoint process when Council decided that they would take the recommendation provided by the Commission’s Chairman, as well as give first consideration to an applicant that had previously served on the Board. Council member Williams was uncertain as to whether candidate, Robert Ashby, former P & Z member could commit to weekly meetings if deemed necessary with the potential development, as he previously resigned from the Commission due to professional and personal time constraints. Mayor Pro Tem Cates asked Mr. Ashby if he would be able to affirm his commitment to the meeting schedules involved with this seat. Mr. Ashby advised that currently, both professional and personally, he would be able to commit to the limitations as set forth for this seat; however, he is unable to foresee the future. Vice Chairman Stevens spoke to Chairman Hill’s recommendation, verifying that after Chairman Hill interviewed all five candidates and carefully reviewed the candidate’s resumes and community involvement, Chairman Hill’s recommendation to Council was Robert Ashby. Council member Spence stated that he would have to go with Chairman Hill’s recommendation as he did not know the candidates personally and he agreed with the precedence set that the Chairman would make the recommendation. Mayor Sanders read Chairman Hill’s personal evaluation of related experience and skills of both Robert Ashby and Damian Olthoff. Mayor Pro Tem Cates made a motion to amend William’s motion and replace the suggestion of Damian Olthoff with Robert Ashby, who is the recommendation of the P & Z Commission’s Chairman. Council member Spence seconded the motion. Mayor Sanders called for the vote. Motion to amend tied 2:2, with Council members Williams and Foley voting against the motion to amend. Mayor Sanders explained that according to the Charter, in the event of a tie, the Mayor would cast a vote. He advised the Council that we would call for the vote, encouraging the Council to reconsider their vote as to break the tie themselves. Motion to amend tied 2:2, with Council members Williams and Foley opposing. The Mayor called the vote a third time, advising that he would be casting his vote. Motion to amend passed 3:2, with Mayor Sanders, Mayor Pro Tem Cates and Council member Spence voting for and Council members Williams and Foley opposing. Mayor Sanders called for the vote on the main motion to approve a resolution appointing Robert Ashby to the P & Z commission. Vote tied 2:2 with Council members Williams and Foley voting against. The Mayor called for the vote advising that he would cast his vote. Motion passed 3:2 with Mayor Sanders, Mayor Pro Tem Cates and Council member Spence voting for and Council members Williams and Foley voting against. D.2 Discuss and take appropriate action regarding nomination of up to five candidates to serve as on the Board of Directors for Denton Central Appraisal District. Council member Williams made a motion to nominate Pearl Ford and Bob Radder to the Board of Directors for the Denton Central Appraisal; Council member Spence seconded the motion. The floor was opened for discussion. Motion passed unanimously without discussion. Due to technical issues, the Mayor was not informed of a citizen’s request to speak to this item until after the vote was called. The Mayor did allow the resident to speak. 46 Neil Twomey, 203 Oakmont, Trophy Club, TX – Suggested that Council also consider Pat Carr, who is currently serving his third year term on the DCAD Appraisal Review Board. Mayor Sanders informed Mr. Twomey that contact was made with Mr. Carr a few weeks previously and that we understood that due to his current role of the Appraisal Review Board, he was not interested in being nominated to the Board of Directors. Mr. Twomey clarified that he spoke with Mr. Carr just this past weekend and he is interested in the Board of Directors and if elected, he would resign his current position. Council member Spence moved to reconsider motion; Mayor Pro Tem Cates seconded. Council member Spence moved to amend the motion; nominating Pat Carr in addition to Pearl Ford and Bob Radder to the DCAD Board of Directors; Mayor Pro Tem Cates seconded. Motion passed unanimously without further discussion. D.3 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. Council member Williams made a motion to approve the pilot project; Council member Spence seconded the motion. The floor was opened for discussion. Mayor Pro Tem stated that she is concerned with people’s safety perception of the traffic calming and feels that the Town is better off with sidewalks on the major thoroughfares. Mayor Sanders corrected that the $12,000.00 it would cost to fund this project is not currently in the budget as previously reported. Staff had intended for this to be voted on prior to the budget being passed, however, due to the delay of the item coming back before Council, the $12,000.00 is not a line item currently in the budget. Finance Director, Roger Unger advised that the funding could come out of two sources, either the ongoing street maintenance or the contingency funds, which is for projects or issues that come up during the course of the year. Council member Spence spoke that two major issues break from this, sidewalks verses shoulders and that there are many issues with the shoulders that sidewalks will not fix. Council member Spence spoke in favor of this pilot project, and believe that it is an attempt to teach people that these are one-lane streets. Council member Williams agreed that this is an attempt to make people aware that these are one-lane streets and that given the two-month delay already, we should give it a try. Council member Williams made a motion to approve pilot project for six months and then come back to Council to see if the residents want a referendum; Council member Foley seconded the motion. Council member Foley requested that discuss the funding. Council member Williams amended his motion to include that the funding would come from street maintenance as suggested by Finance Director, Roger Unger; Council member Foley seconded. Council member Spence suggested that the residents drive with the pilot project and still vote on it in the May election. Council member Williams made a motion to amend his motion to approve the pilot project for six months, with funding taken from street maintenance and including as a referendum on the ballots in May, assuming that all can be accomplished with election deadlines; Council member Foley seconded. Margi Cantrell, 1105 Sunset, spoke in favor of the pilot project. Bob Radder, 1 Lee Court, spoke in favor of traffic calming and stated that this does not need to be put to a referendum, but rather, Council should make a permanent decision now. Doyle Krauss, 549 Indian Creek, spoke in favor of the pilot project. Bob Downey, 531 Indian Creek, encouraged Council to vote in favor of the pilot project. Community Development Director, Beth Ann Gregory confirmed Mayor Sander’s question that signage is included in the $12,000.00 cost. Council member Spence spoke to the controversy surrounding this issue; stating that this issue is too big for the Council to make a decision on and felt that it should be left up to the democracy of the people. 47 Council member Williams believes that signage informing drivers of the one-lane streets would be beneficial in other areas of the Town. Mayor Pro Tem Cates commented that calming the roads might make the roads safer, but just because there is calming on the roads, people should not feel confident that they would be safe on the road. Mayor Sanders called for the vote. Motion to approve the traffic calming project for the section of Trophy Club Drive for six months, with funding taken from street maintenance and with Council including as a referendum on the ballots in May, assuming that this can be accomplished with election time deadlines, passed unanimously without further discussion. D.4 Discuss and receive direction regarding charging fees for the use of the pool and other facilities. Parks and Recreation Director, Adam Adams informed Council that there are three types of fees; association fees, fees for facility usage and fees for tournaments. He spoke to the results of the survey which concluded that the smaller the city, the less likely it was to charge fees of any type, less likely to have good facilities and as many facilities with the same standards to the ones in the Town. Most cities have a co-sponsored agreement with the associations, which is currently what Trophy Club has in place; where the associations are immune from fees, providing they participate in the upkeep of the fields. Mr. Adams answered Council member Williams question that Roanoke does has pool passes, but does not have association fees. Council discussed that most cities do have pool fees and some type of association fees, and that if the Town did approve fees they would need to applied fairly across the board. Mr. Adams acknowledged Mayor Pro Tem Cates concern over the lighting cost and explained that EDC will be reviewing a break down of the lighting costs as well as speaking to two vendors who may be able to provide lighting solutions. Council member Spence cautioned that it is difficult trying to develop a fee schedule that works for all the residents. Council member Williams asked for an agenda item addressing applying fees to the pool and also a discussion of what fees will be charged. Mr. Adams clarified that he would like to look at the associations and come up with a dollar amount on their contributions and man-hours and the bring forward a pool package with resident pool fees; single, family and swim team. D.5 Discuss and receive direction regarding a future amendment to Ordinance 2004-17 regulating the operation of motor assisted scooters. Police and Fire Services Director, Randy Briggs informed Council that after surveying the originals cities first surveyed when Ord. 2004-17 was first passed, it was determined that the other cities have made changes to the regulations and operation of motor assisted scooters. Chief Briggs asserted that he has concern that kids who are not knowledgeable to the rules of the road are operating scooters. Mayor Sanders introduced Barb Tweedie, 220 Oakmont, as a member of the Public Safety Committee who conferred with Chief Briggs and his desire to change the age restrictions so that the individuals are aware of the rules of the roads. Discussion ensued about age restrictions according to State Law; and if our officer’s should be put in a position of having to guess the riders age. Chief Briggs advised that the other cities surveyed based their ordinance restriction on street width and speed. Mayor Sanders requested that Council summarize the direction they were giving to staff. Council member Williams requested that staff amend the restrictions to Ordinance 2004-17, and present to Council at the November 7th meeting. D.6 Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2004-01 & 2004-09 relating to traffic and street control standards, and adopting a new Ordinance related to traffic and street control standards, with new criteria specifically related to U-Turns signs. 48 Director Briggs advised that adding criteria specifically related to U-Turn signs to this Ordinance is a proactive measure. CD Director, Beth Ann Gregory advised it was a resident’s complaint, generated via the Citizen Relationship Management that prompted the research on U-Turns. Council member Williams moved to repeal Ordinance 2004-01 & 2004-09 and adopt 2005-26; Council member Spence seconded motion. Floor opened for discussion. Mayor Pro Tem Cates requested we communicate this change in the monthly newsletter and on Listserv. Motion to adopt Ordinance 2005-26, relating to traffic and street control standards, with new criteria specifically related to U- Turns signs, passed unanimously without further discussion. Mayor Sanders called on Greg Lamont, 15 Avalon, who spoke in favor of item. D.7 Discuss and take appropriate action regarding a Resolution approving the 2005-2006 Interlocal Agreement between the Town and Tarrant Count Hospital District d/b/a JPS Health Network. Director Briggs explained that this item is an annual agreement and that the Town Attorney requested it be pulled from the consent agenda. Town Attorney, Patricia Adams counseled that this item was removed from the Consent Agenda, so that she could advise that certain verbiage be added to the indemnity clause. Ms. Adams continued that she did feel that Tarrant County Hospital would have a problem with this verbiage. Council member Williams made a motion to approve the resolution with the amendment to the indemnity clause, to read ‘to the extent allowed by law’; Mayor Pro Tem Cates seconded. Motion passed unanimously without further discussion. 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. Mayor Sanders respected that item D.8 be removed from the Consent Agenda as Council member Spence was not in attendance. Council member Williams moved to remove item D.8; Council member Foley seconded. Motion passed unanimously. D.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 19th, 2005. Mayor Sanders requested advised that item D.5 read: “Council member Williams advised that he thought that sidewalks were only going to be a consideration if it could be done in conjunction with the current construction; and then confirmed with Ms. Gregory that it could not. Council member Edstrom withdrew her motion and stated that she misunderstood that this could be done in conjunction; Mayor Pro Tem Cates agreed with the mover to withdraw the motion. Motion withdrawn without further discussion.” Council member Williams made a motion to approve the September 19th, 2005 minutes as modified; Mayor Pro Tem Cates seconded. Motion passed 3:0:1 with Council member Spence abstaining. D.9 Consent Agenda - Discuss and take appropriate action to expend Court Technology Funds in the amount of $500 for travel expenses for Court Training. Council member Foley made a motion to approve the Consent Agenda as amended, D.9; Council member Williams seconded. Motion passed unanimously without further discussion. D.10 Items for Future Agenda. 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 Parks and Recreation Director, Adam Adams advised that currently proceeding with budget plans from last year. and suggested the possibility of bringing in a Park Planner as an independent contractor. 3. Status of street repairs and bonds, including recommendation. 49 Due to current project demands, Community Development, Beth Ann Gregory requested a delay for providing this status 4. Discussion and appropriate action for an Ordinance to approve vacant land appraisal. Planning and Zoning Coordinator, Kerin Fleck requested that this item be removed. 5. Discuss and take appropriate action to approve a Resolution authorizing an Economic Development Agreement with Midwest Commercial Realty. (October 17, 2005) 6. Discuss and take appropriate action by Resolution to appoint one candidate to EDC 4B. November 7, 2005 7. Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for (candidates names) to serve as a member of the Denton Central Appraisal District Board of Directors. November 21st, 2005 8. Discussion and appropriate action of the Town's participation in a program through the America Supporting Americans program where Towns can adopt an armed services unit and provide them support. Mayor Sander explained this program and advised that Council would need to pass a resolution for support. • Mayor Sanders requested, discussion and appropriate action for signage on Indian Creek indicating one lane streets. • Mayor Pro Tem Cates requested the Public Safety Advisory Group to start researching ways to handle the garage sale traffic. • Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17 regulations and operation of motor assisted scooters. (November 7th, 2005) • Evaluate Park fees with consideration to association fees. Election of a task force, as Suggested by Council member Spence of five to work with the school district on joint use option. (November 7th, 2005) TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 9:12 p.m. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2) "Deliberation Regarding Economic Development Negotiations" and Section 551.071 (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) To discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For Consultation with the Town 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 (§551.071 (b)). (1) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use development and legal advice regarding the proposed development, zoning and platting, potential economic incentives and contractual agreements, potential contracts for water and wastewater services, traffic impact, ordinance requirements, and matters related to the proposed development. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Town Council convened into Regular Session at 10:07 p.m. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. 50 F.1 Adjourn. Mayor Pro Tem Cates made a motion to adjourn; Council member Williams seconded. ___________________________________ Mayor, Town of Trophy Club __________________________________ Town Secretary, Town of Trophy Club 51 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.D.6 Additional Information for Council as provided by the Department of Police and Fire Services. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (RCB) Attachments: 1. Information Memorandum 2. Fire Services Report 3. Police Services Report 4. Court Report 52 53 54 55 56 Monthly Crime/Patrol Statistics - September 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 Re p o r t s Ou t o f C i t y A s s i s t a n c e Ca l l s Mi l e s D r i v e n Da y s W o r k e d TOTAL 300 132 11698879041 5260 45 220185 Patrol Division September 05 Dispatched Calls 24.10% Felony Arrests 0.09% Accidents 0.37% DWI Investigations 0.00% Vehicle Searches 0.83% Warning Citations 8.06% Parking Citations 9.08% Traffic Citations (Non-moving) 10.75% Misdemeanor Arrest 0.46% Number of Written Reports 4.17% Traffic Citations (Moving) 12.23% Traffic Stops 27.80% Out of City Assistance Calls 2.04% 57 DESCRIPTION CASE STATUS Assault BI Count 2 Assault BI FV Count 1 BMV Count 4 Burglary/Habitation Count 2 Endangering a Child Count 1 Falure to Attend School Count 1 FLID Count 1 Found Property Count 2 Harassment Count 1 Mail Fraud Count 1 Mental Health Comtmnt Count 1 MIP-Tobacco Count 1 Poss Drug Para Count 2 Poss Marih <4oz Count 1 Recovered Stolen Prop Count 3 T heft Count 1 Terroristic Threat Count 1 Theft Count 3 Theft-Stolen Bicycle Count 2 VCSA PG 1 Count 1 Viol Protective Order Count 1 Total 33 58 CID September 2005 Mental Health Comtmnt Count 3.03% MIP-Tobacco Count 3.03% Poss Marih <4oz Count 3.03%Poss Drug Para Count 6.06% Recovered Stolen Prop Count 9.09% T heft Count 3.03% Found Property Count 6.06% Harassment Count 3.03% Mail Fraud Count 3.03% Falure to Attend School Count 3.03% FLID Count 3.03% Endangering a Child Count 3.03% Burglary/Habitation Count 6.06% BMV Count 12 .12 % Assault BI FV Count 3.03% Assault BI Count 6.06% Viol Protective Order Count 3.03% VCSA PG 1 Count 3.03% Theft-Stolen Bicycle Count 6.06% Theft Count 9.09% Terroristic Threat Count 3.03% 59 60 61 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.D.7 Items for Future Agenda. 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 Parks and Recreation Director, Adam Adams advised that currently proceeding with budget plans from last year and suggested the possibility of bringing in a Park Planner as an independent contractor. 3. Status of street repairs and bonds, including recommendation. 4. Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for (candidates names) to serve as a member of the Denton Central Appraisal District Board of Directors. November 21st, 2005 5. Mayor Sanders requested, discussion and appropriate action for signage on Indian Creek indicating one lane streets. 6. Mayor Pro Tem Cates requested the Public Safety Advisory Group to start researching ways to handle the garage sale traffic. 7. Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17 regulations and operation of motor assisted scooters. (November 7th, 2005) 8. Evaluate Park fees with consideration to association fees. 9. Election of a task force, as Suggested by Council member Spence of five to work with the school district on joint use option. (November 7th, 2005) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 62 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2) "Deliberation Regarding Economic Development Negotiations", Section 551.074 "Personnel Matters", and Section 551.071 (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) To discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For Consultation with the Town 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 (§551.071 (b)). (1) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use development and legal advice regarding the proposed development, zoning and platting, potential economic incentives and contractual agreements, potential contracts for water and wastewater services, traffic impact, ordinance requirements, and matters related to the proposed development. (B) To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.07 4 (a) (1) of the Texas Open Meetings Act and for Consultation with the Town 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 (§551.071 (b)). (1) Future retirement of Town Manager Donna Welsh, retirement benefits, and transition. 63 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: None 64 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-17-2005 Subject: Agenda Item No.F.1 Adjourn. 65