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Agenda Packet TC 01/22/2007 - Amended 1 AMENDED Town of Trophy Club Town Council Public Hearing/Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, January 22, 2007 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." A.4 Discuss and take appropriate action regarding a Proclamation recognizing Founder's Day in Trophy Club. A.5 Town Council to announce the "Citizen of the Year for 2006" and to present a certificate of recognition to the recipient. A.6 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.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 18, 2006. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 8, 2007. B.3 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for the rental of Election equipment for the May 12, 2007 Election. C.1 Public Hearing: Hold the first public hearing to consider the involuntary annexation and service plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. The property to be annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall Creek Road adjacent to the northeast boundary. 2 D.1 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 147.509 acre tract of land generally described as R. Allen Survey, Abstract No.5; R. Allen Survey, Abstract No. 17; J. Eads Survey, Abstract No. 392; J Henry Survey, Abstract No. 529; W Medlin Survey, Abstract No. 829, and J. Michael Survey, Abstract No. 820, known as The Highlands at Trophy Club, Neighborhoods 3 & 4. Applicant: Carter & Burgess, Inc., authorized agent of K. Hovnanian Companies and Standard Pacific Homes. (PP-06-012) D.2 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 19.231 acre tract of land legally described as J. Henry Survey, Abstract No. 529, known as The Highlands at Trophy Club, Neighborhood 9. Applicant: Carter & Burgess, Inc., authorized agent of 831 Trophy L.P. (PP-06-014) D.3 Discuss and provide input relative to an amendment to Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", regulating Parks and Recreation Use Fees. D.4 Discuss and take appropriate action regarding the calling of a potential Charter Amendment Election in May 2007 and Charter amendments to be submitted to the voters. D.5 Items for Future Agenda. D.6 Discuss and take appropriate action to approve the financials and variance report dated December 2006. D.7 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Council report from EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. E.1 Adjourn 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 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: 1-22-2007 Subject: Agenda Item No.A.4 Discuss and take appropriate action regarding a Proclamation recognizing Founder's Day in Trophy Club. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Mayor Sanders) Attachments: 1. Proclamation 7 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION 2007- FOUNDER’S DAY 2007 WHEREAS, Articles of Incorporation for the Town of Trophy Club were filed on January 19, 1985, and the Town is now celebrating its 22 anniversary; and WHEREAS, since the Town’s incorporation the population has grown from 1,320 to 7,621; and WHEREAS, observance of the occasion provides us the opportunity to express the appreciation our community feels for the many valuable contributions made by the Town’s Founders and volunteers who worked consistently and successfully to improve the quality of life for the members of our community; and WHEREAS, many of the Founders of this community as well as current residents contribute to the well-being and welfare of fellow citizens by giving tirelessly of their time and energy without desire for recognition, remuneration, or personal gain; and WHEREAS, the Town has progressed a long way in the last several years, particularly in the areas of Parks and Road quality, thanks to individuals, advisory groups and civic organizations that have worked quietly on behalf of the town and WHEREAS, each individual has some special contribution to offer for the benefit of others, and his or her services are needed by the Town and its citizens to improve community service and meet human needs where they exist. NOW, THEREFORE, I do proclaim January 22, 2007 as Founder’s Day 2007, extending on behalf of the Town Council and all of our citizens our recognition and appreciation for the valuable contributions made by the Town Founders, citizens and volunteers and urge all citizens to participate in and support the various programs and projects of our community. Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 8th day of January, 2007. ______________________________ Mayor, Town of Trophy Club, Texas ATTEST: ______________________________ Town Secretary, Town of Trophy Club, Texas 8 Town COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.A.5 Town Council to announce the "Citizen of the Year for 2006" and to present a certificate to recognition to the recipient. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Nominations 9 Nominee Nominated By Sheree Gardner Michelle Lawrence Sheree Gardner Jan Pearson Sheree Gardner Tevilla Riddell Barbie Kadow Adam Adams Steven Kohs Jim Moss Steven Kohs Neil Twomey Steven Kohs Greg Hillman Steven Kohs Johnny Beasley Steven Kohs Karen Passiak Bernice Smith Mike Mlinac Bernice Smith Kelly Bradley Bernice Smith Mary King Neil Twomey Steven Kohs 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.A.6 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. 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 18, 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1.Minutes dated December 18, 2006 12 MINUTES OF WORK SESSION/PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 18, 2006 6:30 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and Regular Session on Monday, December 18, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Susan Edstrom Council Member Philip Sterling Council Member Gregory Lamont Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Sakura Moten-Dedrick Finance Director Lisa Ramsey Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Mike Pastor IS Manager Kerin Fleck Planning Coordinator A.1 Mayor Sanders called the meeting to order at 6:30 p.m. noting a quorum was present. Mayor Sanders announced that Irma Thomas’ father passed away on Friday. Jim and Irma have been long time residents and Jim serves as a Director on the MUD Board. A.2 Work Session: Discuss and review items posted to the December 18, 2006 Agenda, including but not limited to Item D. 7. Brandon Emmons pointed out the following clerical corrections needed in the Handbook for Elected and Appointed Officials; delete the duplicate and a Town Staff liaison from the last paragraph under Introduction, omit Channel 7 from the cable’s public information under Posting Requirements, change the #1 to a bullet under Effective Meetings and correct the typo under Statement of Purpose by separating Clubare. As requested by Council a section regarding Code of Ethics and Conduct was added, including a process for a formal complaint to be submitted when a violation of the handbook is suspected. Council member Lamont felt the time requirement as referenced under Procedure for Enforcement was too vague. Mayor Sanders suggested that approximate time of day be inserted. Council member Lamont was concerned the language under Procedure for Enforcement, implies no action will be taken for a complaint that does not meet all of the requirements. Council agreed until such time the Town Secretary can determine that the complaint meets the requirements of this section could be added to the end of the following; Alternatively, if the complaint does not meet all of the requirements 13 set forth in the preceding paragraph, then the Town Secretary shall notify the Complainant in writing of the nature of the deficiency and no further action by the Town Secretary or Council shall be necessary.” Mayor Pro Tem Williams suggested Advisory Group be included every time Committee and Board is mentioned and confirmed the Council’s consensus that the acknowledgement forms be returned within 30 days. Town Manager Emmons said the Rules of Procedure will not be retroactive; any violations prior to the effective date are unenforceable. Town Manager Emmons called Council’s attention to Item D.7, because of the time line, the Resolution includes two dates for a Public Hearing, which requires a special called session on 1/29. This will result in meetings on 1/22, 1/29 and 2/5. The only item on 1/29 will be the Public Hearing and no action will be taken, however, we will still need to have a quorum. Emmons updated that Staff has notified the property owners of the intent to annex. Mayor Pro Tem Williams questioned if the Town has to put any money for Item D.5 and if we are moving too fast. Town Manager Emmons advised that no funds were required at this time; any associated costs will be brought before Council at that time. Emmons commented that going too fast is relative considering the project is of this magnitude. Mayor Sanders added that the Master District expressed concern this is moving too fast and it was suggested that we should wait until Fort Worth lets us know there is a problem. Sanders spoke to the validity of Westlake wanting the water and said we should try and negotiate a lower rate. Workshop concluded at 6:55 p.m. Mayor Sanders called a 3 Minute recess. Town Council reconvened into Regular Session at 7:00 p.m. A.3 Mayor Sanders gave the Invocation. A.4 Council member Lamont led the Pledges. A.5 Citizen presentations. Mayor Sanders explained the way for a citizen to sign up to address the Council is to complete the Speaker Registration Form in its entirety, indicating the subject and checking whether they are for or against. Pauline Twomey, 203 Oakmont Drive – Spoke to Council member’s Lamont comments at the December 14, 2006, MUD Master District meeting. Sanders made a statement encouraging citizens and Town Officials to use the Public Forum and meetings as designed and prescribed in the policies. A.6 Discuss and take appropriate action regarding a Proclamation congratulating NISD Cheerleading Squad for their First Place Win in the Grapevine NCA Spirit Competition and wishing them luck competing in the Nationals. Motion made by Edstrom, seconded by Cates to approve the Proclamation. Mayor Sanders read the Proclamation and members of the Cheerleading Squad introduced themselves. Motion passed unanimously. A.7 Discuss and take appropriate action regarding a Proclamation congratulating Medlin Middle School for being named among the top 574 public schools in Texas. Mayor Sanders read the Proclamation and introduced Medlin Principal Robin Ellis. 14 Motion made by Williams, seconded by Edstrom to approve the Proclamation. Robin Ellis thanked the Town for allowing their students to participate in fund raising events and commended Fire Chief Thomas and SRO Mike Conklin for being wonderful resources. Motion passed unanimously. 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. Council member Edstrom removed Item B.1 Council member Cates removed Item B.2. Motion made by Williams, seconded by Edstrom to approve the Consent Agenda, Item B.3 and B.4. Motion passed unanimously without further discussion B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 20, 2006. Council member Edstrom made a motion to amend “P & R Board Chairperson, Pauline Twomey recommended” to “P & R Board Chairperson, Pauline Twomey provided the recommendation of the Parks and Recreation Board,” seconded by Sterling. Council member Sterling requested that his comments under Item D.12 be changed from also appreciates to would appreciate. Council member Edstrom agreed to the change. Motion passed unanimously. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 4, 2006. Council member Cates made a motion requesting that her comments under D.2 be changed to and the proceeds be used to purchase the appropriate necessary parkland from other entities, Lamont seconded. Motion passed unanimously. B.3 Consent agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter 7 of the Code of Ordinances entitled "Municipal Court " by repealing Article I, Section 1.05 entitled "Appointment of Clerk" and Article II, Section 2.01 entitled "Appointments" and adopting a new Section 1.05 to provide for the appointment of a Municipal Court Clerk and Deputy Clerks and a new Section 2.01 to re-appoint and extend the term of the current Presiding and Alternate Judges to January, 2009. B.4 Consent Agenda: Discuss and take appropriate action regarding a Resolution directing publication of notice of intention to issue combination Tax and Revenue Certificates of Obligation Series 2007 for Harmony Park reconstruction and improvement loan with the payments being funded by EDC 4A; and authorizing the execution of all necessary documents. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING C.1 Public Hearing: Consider a request for Site Plan approval for an approximate 1.0582 acre tract of land known as the Golf Maintenance Facility, located directly to the east of the Wastewater 15 Treatment Plant and south of the Town's northeastern city limit. Applicant: George H. Ballans, GHB Enterprises, authorized agent for Beck Properties. (SP-06-007) Public Hearing Opened at 7:25 p.m. Planning and Zoning Chairman, Gene Hill provided The Trophy Club Country Club is planning to relocate its maintenance facility. The facility is currently located within the Waters Edge zoning district, and as development nears, the site must be moved. Due to the use of the property, a site directly abutting the Treatment Plant to the east was selected for the new maintenance facility location. The applicant is not proposing public use, access will be limited to that of club maintenance personnel and will be generally unnoticeable from current and future public areas. ZBA approved the variance request on December 5. On December 7, the Planning and Zoning Commission, by a vote of 5 – 0 (2 absent), recommends the Town Council approve approval for an approximate 1.0582 acre tract of land known as the Golf Maintenance Facility. No one addressed council. Public Hearing Closed at 7:29 p.m. TOWN COUNCIL RECONVENE INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action relative to a request for Site Plan approval for an approximate 1.0582 acre tract of land known as the Golf Maintenance Facility, located directly to the east of the Wastewater Treatment Plant and south of the Town's northeastern city limit. Applicant: George H. Ballans, GHB Enterprises, authorized agent for Beck Properties. (SP-06- 007) Motion made by Sterling, seconded by Williams to approve. Mayor Pro Tem Williams commented there should be little discussion considering ZBA approved all of the changes. Motion passed unanimously without any discussion. Mayor Sanders requested Item D.3 come before D.2. Council did not object. D.2 Discuss and take appropriate action regarding a request for Preliminary Plat approval for an approximate 449.868 acre tract of land legally described as R. Allen Survey, Abstract No. 5; T. Allen Survey, Abstract No. 7; T. Allen Survey, Abstract No. 8; R. Allen Survey, Abstract No. 17; T. Calloway Survey Abstract No. 272; J. Henry Survey, Abstract No. 529 and J. Michael Survey, Abstract No. 820, known as The Highlands at Trophy Club, Neighborhoods 1, 2, 5, 6 & 7. Applicant: Carter & Burgess authorized agent of 831 Trophy, L.P. (PP-06-007) Gene Hill Planning & Zoning Commission unanimously approved the Preliminary Plat at their December 7, 2006 meeting, contingent on the above items to be reviewed by staff and the Town Engineer prior to the Town Council Meeting. Mr. Hill advised the initial Preliminary Plat of PD-27, The Highlands at Trophy Club was submitted to Town Staff on October 9, 2006 by Carter & Burgess, Inc., the Engineer/Land Planner representing Owner/Developer Mehrdad Moayedi. Review comments from Town Staff and Town Engineer Teague, Nall & Perkins were forwarded to Carter & Burgess on November 3, 2006. Carter & Burgess addressed the Town’s comments and resubmitted the Preliminary Plat on November 17, 2006. The Preliminary Plat with Staff comments on the second submission were brought before the Planning and Zoning Commission in Regular Session on December 7, 2006. Mr. Jim Weigert of Carter & Burgess was present to represent the developer, and Mr. Tom Rutledge of Teague, Nall & Perkins was present to advise the Commission on behalf of the Town. As additional information, Mr. Hill provided Preliminary Plats for Neighborhoods 3, 4, and 9 are currently being reviewed by Town Staff and Engineering and will be on P&Z’s schedule in January 2007. These neighborhoods are to include 359 lots of 10,000sf and 16 larger. With the additional lots, the development’s lot size ratios would be approximately 43.2% lots of less than 10,000sf and 56.8% lots 10,000sf and larger. On December 7, the Planning & Zoning Commission reviewed and discussed the Preliminary Plat comments. The Commission determined several of the items were resolved by addition of notes to the proper sheet exhibits. Discussion indicated that items concerning Sanitary Sewer Inverted Siphons, right- of-way width of Marshall Creek Road West, preliminary drainage issues, and offsite traffic mitigation are to be resolved in the Final Plat process. Mr. Hill concluded the Planning and Zoning Commission comments, by a vote of 5 – 0 (2 absent), recommends the Town Council approve the request for a Preliminary Plat of The Highlands at Trophy Club, Neighborhoods 1, 2, 5, 6, and 7. Town Manager Emmons thanked P & Z, the Town Engineer and Planner and staff for their review. Emmons is confident the plat will meet the guidelines. Planning and Zoning Coordinator, Kerin Fleck added since the Planning & Zoning Commission took action a revised plan has been received, the Town Engineer has reviewed and the revisions are in line. Motion made by Edstrom, seconded by Williams to approve. Council member Lamont questioned the reduction of homes from the December 7th packet. Ms. Fleck advised those were incorrect numbers that were from the April version. Mayor Pro Tem Williams looks forward to the final plat with the real detail. Council member Sterling thanked Chairman Hill for attending and presenting the two items. Chairman Hill commented that there are 1,270 lots not including neighborhood 8. Mayor Sanders advised that due to comments from Council members and MUD Directors Centurion is exploring the possibility of turning neighborhood 8 into an active adult community. Ms. Fleck introduced Town Planner, Tom Alves. Mayor Sanders is concerned about adequate review time considering the large plat. Both Tom Rutledge from Teague, Nall and Perkins and Tom Alves confirmed they have had sufficient time to review. Sanders referred to plan sheet P4 and commented that neighborhood 7 has very deep lots and the home sites were fairly close to the Gas Well. Sanders recognized the Developer’s right to name the streets and formally requested they work with the property owners, builders and staff on street naming that would follow the long time history of our golf course community. Council member Sterling asked about a fencing or screening structure around the gas well sites. Mayor Sanders responded the Town’s Zoning Ordinance covers this as 8 feet masonry and wood requirements. Council member Lamont questioned if the final plat will address the road. Town Manager Emmons advised that staff is working with engineers to develop this road. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. Motion made by Edstrom, seconded by Lamont to approve. Sergeant Clair Barnes of the Texas Highway Patrol was present and spoke on behalf of Captain Latham stating the department enjoys being housed here in the Town and the Town’s cooperation. 17 Mayor Sanders appreciates the DPS presence as it helps the safety in our Town. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding a License Agreement with American Society of Composers, Authors and Publishers ("Society"), ASCAP. Town Manager Emmons explained the Town should be licensed by ASCAP when playing music in a public setting. This includes special events such as 4th of July and Christmas and has been expanded to cover background music played at a public setting such as from a radio or CD. Emmons confirmed this would be the first year. Mayor Sanders questioned the background music on the Channel 7 broadcast. Council member Sterling does not believe this agreement covers Channel 7 broadcast as music is not played in a continuous stream. Sanders added a different type of licensing may be necessary for the Channel 7 broadcast. Motion made by Edstrom, seconded by Cates to approve. Council member Lamont questioned if the 4th of July and Arbor Day events are considered special events. Council member Sterling moved to refer to the January 8th meeting, requesting clarification on the licensing of Channel 7. Motion to refer died for lack of a second. Mayor Pro Tem Williams questioned who regulates this. Mayor Sanders explained that is policed by each entity. Council member Sterling added the fines are steep if you get caught playing music without a license. Mayor Pro Tem Williams requested staff research the areas in question and report back at the next meeting. Council member Edstrom suggested that they approve tonight and then take action on the other issues if necessary. Mayor Sanders questioned Town Manager Emmons about delaying until the research is complete. Town Manager Emmons does not believe there is a sense of urgency with this item and feels the interpretations of the exclusion listed under 1(A)(ii) will increase the fees suggested entering into the agreement which can be amended at a later date if necessary. Motion passed 4:1, with Sterling voting against. D.5 Discuss and take appropriate action regarding a Resolution authorizing the Town Manager to initiate a formal request to the Upper Trinity Regional Water District to begin discussions regarding a second water supply for the Town. Town Manager Emmons provided Upper Trinity is a water district composed of 25 municipalities in the North Texas area, primarily in Denton County. The water district is owned and operated by the Board of Directors which are chosen from the participating municipalities. In order for the Town to join or be provided water from Upper Trinity, the Council has to take formal action approving the initiation of negotiations. The Town of Westlake Board of Aldermen passed this Resolution on December 11, 2006. Emmons pointed out Section 2 should read “That the Town Manager is further directed to continue the Town’s partnership with the Town of Westlake.” Emmons advised this Resolution will not affect the budget, no additional fund will be expended at this time and he will come before Council at the point funds are needed. Mayor Sanders questioned how long it will actually take to get water to the Town. Town Manager Emmons estimated construction time to last two and half years. It is unknown how long it will take to 18 secure permits to cross CORP property; best case scenario, two years from the time we begin discussion to end of construction upwards of four or more years. Mayor Sanders commented that Centurion agreed to provide an additional elevated storage facility. In essence, Centurion is willing to put in the financial dollars to build the elevated storage in the PID. The Highlands did not ask for annexation into the MUDs and the Town is forced to find the best way to accomplish this. One option would be to apply the cost of the bond package in Upper Trinity which would make the water rate less than the MUD rates. Mayor Sanders asked the price the MUDs pay for water from Fort Worth compared to the raw price from Upper Trinity. Town Manager Emmons answered Fort Worth’s cost without bonding is eleven cents more than Trinity. Motion made by Edstrom, seconded by Cates to approve. Council member Lamont has talked to the developer working on the development off of I35W who lives in the area who favors Fort Worth and encouraged the Mayor to call the Mayor of Northlake to discuss. Council member Cates questioned future infrastructure and the demands it places on Fort Worth. Mayor Sanders explained the MUDs have addressed this issue. Council member Sterling asked about Roanoke’s interest. Town Manager Emmons explained Roanoke uses Fort Worth and wells and are not interested. Sterling commented the Whereas clause that states that the Town of Trophy Club currently purchases 100 percent of the Town’s drinking water supply from the City of Fort Worth is not entirely true. Town Manager Emmons agreed and corrected the Whereas Clause to read, 100% of the purchased water comes from Fort Worth and the Town is grateful to be a Fort Worth wholesale water customer. Edstrom amended the motion to include the changes to the Whereas Clause, the second agreed. Motion passed unanimously as modified. D.6 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2001-01 adopting a Board, Commission and Committees Handbook and adopting a new Municipality of Trophy Club Handbook for Elected and Appointed Officials. Motion made by Sterling, seconded by Williams to approve. Council member Cates requested Council move into Executive Session for legal advice relative to free speech issues and the legality of the restrictions. Town Attorney, Patricia Adams confirmed in the past Council has moved into Executive Session at the request of a Council member. Town Council convened into Executive Session at 8:32 p.m. Town Council reconvened into Regular Session at 9:04 p.m. Council member Sterling amended the motion to include all changes suggested in the Pre-Council workshop, the second agreed. Council member Lamont questioned the appropriateness for a member to initiate an individual investigation as referenced under Adequate advance preparation for meetings and the difference between research and an investigation. Mayor Sanders clarified that this section applies to a Council member or Board member soliciting information from a vendor. Council member Cates expressed concern due to time constraints; sometimes it is necessary for a Council member to initiate questions or fact finding research. 19 Motion amended by Mayor Pro Tem Williams, seconded by Lamont to delete the sentence However, it is inappropriate for a member to initiate an “individual investigation” of an issue such as interviewing an applicant. Council member Edstrom and Sterling were not in favor of changing this section. Motion to amend striking the sentence carried 3:2, with Edstrom and Sterling voting against. Motion made by Cates, seconded Lamont to delete the entire section under Adequate advance preparation for meetings. Motion to strike the entire paragraph titled Adequate advance preparation for meetings, passed unanimously. Council member Edstrom feels it is sad that we have to have a handbook regulating how we speak and would like to ensure residents of their ability to address the Council in a manner that is appropriate. Council member Lamont pointed out the clerical issue under #15, the last sentence should read ability of staff not to staff. Both the mover and second agreed to this correction and to approve with all corrections noted during the workshop session. Motion made by Sterling, seconded by Cates to refer to the next meeting, incorporating all the changes. Council member Sterling would like to wait to approve until all corrections have been made. Council member Cates agreed and would like to see the Handbook in its entirety. Mayor Pro Tem Williams and Council member Edstrom do not think that there are that many changes and believe that this has been ongoing for too long. If necessary, additional clerical errors can be corrected and submitted under the Consent Agenda. Motion to refer failed 2:3 with Lamont, Williams and Edstrom voting against. Motion to amend made by Williams, seconded by Lamont to change Section 3 of the Resolution to become effective thirty days after passing. Both mover and second agreed to make the effective date February 1, 2007. Motion to amend passed unanimously. Main motion with corrections as amended twice passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding a Resolution calling for and setting the dates, time and place for two Public Hearings for the proposed annexation of an approximate 21.1346 acres in the M. Medlin Survey, A-832 and directing the publication of public hearings as required by law. Town Manager Emmons explained the law requires Council to pass a Resolution directing the publication of public hearings calling for and setting the dates, time and place for two Public Hearings for the proposed annexation of an approximate 21.1346 acres in the M. Medlin Survey, A-832. Motion made by Williams, seconded by Edstrom to approve. Motion passed unanimously without further discussion. 20 D.8 Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of America Securities to provide underwriting and related banking services for the Public Improvement District Bonds related to the Highlands at Trophy Club. Town Manager Emmons requested this item be referred until a later date. Emmons has forwarded this document to Dan Almon, Financial Advisor at South West Securities with a few questions he would like answered prior to presenting to Council. Motion made by Edstrom, seconded by Lamont to refer to a future date. Motion passed unanimously without any discussion. D.9 Discuss and take appropriate action regarding a proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, proposed "charitable dedication" by Beck Properties and matters related to the parkland dedication dispute and its resolution. Town Manager Emmons recalled Council’s direction from the December 4th meeting requesting he negotiate with Beck to determine how much park land Beck believes is still owed to the Town and how to accomplish as a charitable dedication as proposed by Beck. After several discussions, Beck taking a firm stance, requesting the Town signs a 20-80 form. Motion made by Williams, seconded by Cates to approve. Council member Cates questioned how the value was determined. Town Manager Emmons explained value for parkland is set by the Town Council every year, based on a per acre price for undeveloped land in Trophy Club. This land is based on the value set in 1998. The calculations are based on the value as then compared to the appraised value today. Council member Edstrom requested Council move into Executive Session for legal advice relative to the Beck settlement proposal. Town Council convened into Executive Session at 9:44 p.m. Town Council reconvened into Regular Session at 9:58 p.m. Council member Sterling requested the negotiations include Beck moving forward on the development of the 26 acres at the front of the Town. Williams amended his motion granting the Town Manager and Town Attorney the ability to accept the offer, treat as a charitable contribution and to work out the agreement with the following guidelines; clearly stating they are platted areas, indemnifying the Town, tying to the October 24, 2005 letter from Roger Unger, delineating the property they will accept and omitting the MUD item. The second agreed. Council member Edstrom requested staff be very diligent making sure all is correct. Motion passed unanimously without further discussion. D.10 Discuss and take appropriate action to approve financials dated October 2006. Motion made by Edstrom, seconded by Williams to approve. Motion passed unanimously without any discussion. D.11 Discuss and take appropriate action to approve the financials and variance report dated November 2006. Motion made by Williams, seconded by Edstrom to refer. 21 Mayor Pro Tem Williams commented they have not had a chance to look at it yet, the variance report or it was just provided. Town Manager Emmons explained staff is making changes to the internal process in order to provide the variance report to Council in a timelier manner. Motion to refer passed unanimously without further discussion. D.12 Items for Future Agenda. Mayor Sanders suggested the list of items be numbered rather than bulleted. D.13 Reports. Town Manager Emmons gave his report. Mayor Sanders advised of the next ASA shipment. E.1 Adjourn. Motion made by Sterling, seconded by Lamont to adjourn. Meeting adjourned at 10:30 p.m. _____________________________________ ____________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 22 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 8, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated, January 8, 2007. 23 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 8, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Joint Session and Regular Session on Monday, January 8, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Susan Edstrom Council Member Philip Sterling Council Member Gregory Lamont Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Beth Ann Gregory Community Development Director Sakura Moten-Dedrick Finance Director Danny Thomas Fire Chief Scott Kniffen Police Chief James Hicks President, EDC 4B Doyle Nicholson Vice-President, EDC 4B Larry Crosser EDC 4B, Board Member Rebecca Shuman EDC 4B, Board Member A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present. Mayor Sanders introduced Joe Fackel and Bob Bolan from the Buxton Group. A.2 Council member Sterling gave the Invocation. A.3 Council member Edstrom led the Pledges. A.4 Discuss and take appropriate action regarding a Proclamation recognizing Honorable Jim Carter for his service as a Denton County Commissioner. Mayor Sanders introduced the Honorable Jim Carter and read the Proclamation. Motion made by Edstrom, seconded by Williams to approve the Proclamation. Motion passed unanimously without any discussion. Mr. Carter treasures this award, as he is most proud of being the first Mayor of the Town of Trophy Club. Carter encouraged the Town Council to dedicate their principals to the ones that were laid out during his term as Mayor and during the incorporation of the Town. 24 A.5 Citizen presentations: Joe Noblett, 240 Oakhill Drive – Is concerned about the variance request for 242 Oakhill and feels there is lack of oversight on issuance of building permits. Steve List, 101 Lakeside Drive – Spoke against Parks User Fees David Jahn, 1 Gentry Court - Spoke against Parks User Fees Lucas Reed, 4 Winstead Court - Spoke against Parks User Fees Wade Mullis, 20 Meadow Ridge Drive - Spoke against Parks User Fees 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. Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1. Motion passed unanimously without further discussion B.1 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter 10 of the Code of Ordinances entitled "Public Safety" by amending Article 12, previously entitled "Registered Sex Offenders" to Article 13, providing for the creation of a Fire Marshal's Office. End of Consent Agenda TOWN COUNCIL AND EDC 4B CONVENED INTO JOINT SESSION AT 7:21 P.M. *JOINT SESSION C.1 EDC 4B President, James Hicks called to order EDC 4B and announced a quorum. C.2 Town Council and EDC 4B to discuss and consider the expenditure of EDC 4B funds to contract with the Buxton Group for psychographic profiling for the Town of Trophy Club. Buxton Group representative, Joe Fackel provided a brief history on the Buxton Group. Fackel summarized and outlined the comprehensive scope of work the Buxton group will perform as the Town pursues its retail attraction and expansion goals. The Buxton Group appreciates the opportunity to propose their services and said the group prides themselves on providing ongoing support. EDC 4B, President James Hicks mentioned EDC4B has been looking for some time to attract business and recalled their decision to pursue other options in 2005. Now having looked at other options EDC 4B agrees knowledge is indeed power and the Buxton Group will help the Town determine what will work. At Council’s request to find retail services, EDC 4B recommends the Buxton Group as a viable strategy and requested Council not be short-sided in their decision, but rather be forward thinking and approve. Hicks suggested the fee be paid from the large project reserves, with half of the fee paid this fiscal year and the other half next fiscal year. The Buxton Group will allow the Town to create their own little niche and provide an excellent opportunities to reduce and keep property taxes at a desirable level given restraints of Trophy Club. C.3 EDC 4B to adjourn. Mayor Sanders asked that EDC 4B stay in session for the consideration of Item D.1. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION 25 D.1 Discuss and take appropriate action regarding the expenditure of EDC 4B funds to contract with the Buxton Group for psychographic profiling of the Town of Trophy Club. EDC 4B, Board member, Larry Crosser thanked the Council for viewing the presentation and requested they stay focused on the big picture, which goes beyond the current needs of the current landowner. Crosser spoke of Council’s request for EDC to be more active, stating Council’s approval will enable this. EDC 4B is not asking for money, but an investment to help EDC 4B meet their responsibilities. David Glaser, 15 Overview – Spoke in favor of the contract with the Buxton Group. Council member Cates questioned if the study identified what businesses would be good in this area based on the retail value, rent and physical aspects of the area. Mr. Fackel responded the study would identify retailers with locations in trade areas similar to the Town’s as potential matches, physical aspects will be taken into consideration and distance analysis will be performed to be sure that the location is a fit. Mayor Pro Tem Williams asked the radius of area and the best approach to developers who do not want to participate. Mr. Fackel answered the radius depends due to multiple drive times; an anchor tenant trade is going to be larger than the trade area for a Taco Bueno. Fackel stated the 18,000 available square feet at regency needs to be on the tax rolls and while the developers may not want to participate financially for the study they will want the information once the study is complete. It will be a team effort of local leasing people and staff who will market the companies that have been identified as well as to the developers. Council member Edstrom confirmed that four areas have been determined and questioned why Larry Stewart did not want to participate. Larry Crosser advised that Stewart has a file full of data that would help him develop the property and was originally interested in this idea. Edstrom is concerned the Town may spend $60,000 and the developers will not take advantage of the results. Council member Sterling verified there are nearly 500 retailers in the bank. Mayor Sanders commented on Larry Stewart’s unwillingness to participate might be because Stewart currently does not have a concept plan and is only selling lots. Sanders agreed with Edstrom about the unsuccessful attempts to engage Stewart, suggesting perhaps were due to his last go around and the extensions. Sanders suggested leading marketable prospects to Stewart. Motion made by Lamont, seconded by Sterling to approve the recommendation of EDC 4B for the expenditure of $60,000, to be paid over a two year budget cycle and enter into a contract with the Buxton Group for the purpose of creating community id profile. Council member Lamont commented the Town has over 70 acres at approximately $800.00 an acre. The Town could recoup the cost that much faster if we accelerated putting the businesses in by two years Council member Sterling feels it is good idea to spend the funds but prefers to analyze only two sites rather than four in order to get a less expensive deal. Edstrom, Williams and Cates are all in favor and agree this is only one component of the strategic plan. Prior to approving all would like to see a detailed implementation and action plan, including a concept of what should be with the collected data. Council member Edstrom confirmed the study will take approximately 60 days and the implementation strategic plan could be developed while working on the public notification. Mayor Sanders questioned the terms of the agreement. Mr. Fackel responded typically 50% would be requested at the execution of the agreement and then invoices would be sent over the course of the contract. Because this contract would be billed over the course of two budget cycles, they would ask for $30,000 up front and then bill for the remaining $30,000 in the next budget year. 26 EDC 4B, Board member, Rebecca Shuman advised planning is a big part of their job with the purpose of removing risk. Council’s approval of this study will allow them to present good recommendations. The Board has already developed long-range goals, and at Council’s request has found and researched a firm to help develop a plan. The mover modified the motion to move forward with the proposal, hold a Public Hearing and come back to Council, the second agreed. Council member Edstrom amended the motion to include an outline and an implementation plan. Mayor Sanders clarified the motion was to approve in concept, the expenditure up to $60,000 for the Buxton study which will be funded by EDC 4B, EDC 4B will hold the Public Hearing and develop an implementation plan to be presented to Council as soon as practical. Both the mover and second agreed. Mayor Sanders questioned Buxton’s original proposal, which included a discount if Council approved by the end of the year. Mr. Fackel confirmed the price outlined in the EDC proposal, four sites for $60,000. Sanders thanked the Council for their diligence, EDC 4B for bringing this forward and the significance of this Item being unanimously approved by six EDC 4B members. Sanders is in favor of the motion, he feels the key is to be proactive; we need a plan with a good idea and currently do not have the staff to conduct the research in order to recruit retailers. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2005-20 establishing guidelines and criteria for tax abatements and adopting new guidelines and criteria for tax abatements entitled "Town of Trophy Club, Texas Policy Statement for Tax Abatement (2007)" Town Manager Emmons remarked the Council passed a Resolution approving tax abatement guidelines in August of 2005. This Resolution adopts new guidelines that are the same in all respects, except definitions and a tax abatement schedule recommended by EDC 4B has been included. Emmons commented the schedule does not include 100% abatement and the business will still need to invest, resulting in a return for the Town. Motion made by Sterling, seconded by Williams to approve. Council member Edstrom questioned how the schedule was determined. Town Manager Emmons explained schedules from surrounding areas were considered, some were more forth coming than others since they are not in the competitive area. Council member Sterling thinks the schedule is easy to understand and its appeal will attract business. Mayor Sanders announced that Community Development Director, Beth Ann Gregory and staff are working on developing an Economics Development website. Motion passed unanimously without further discussion. D.3 Discuss and receive input regarding the potential creation of a reinvestment zone and the boundaries of the zone. Town Manager Emmons sought Council’s direction regarding the potential creation of a reinvestment zone and the area(s) to be included in the reinvestment zone. In the four zones there is approximately 74 acres of commercial which was identified in the Buxton proposal. Emmons explained staff would prefer Council’s recommendation prior to spending the money on the publication. Mayor Sanders mentioned two smaller areas; one across the street from the Firehouse and another piece located behind Tom Thumb between the creek and the tennis courts. Mehrdad Moayedi of Centurion is considering selling the corner development for Village Center. 27 Council member Edstrom questioned how the new facilities, new value and modernization differ from the other reinvestment zones. Town Manager Emmons explained in order for the facilities to go in it has to be designated as a reinvestment zone. Council member Sterling questioned if the property has to be stated specifically. Town Manager Emmons advised the publication has to list the legal description of each zone as a reinvestment zone. Sterling is in favor of encompassing all commercial property. Council member Edstrom agreed and feels it to the Town’s advantage to include all commercial space. Mayor Pro Tem Williams added all property with the potential for commercial needs to be included. Mayor Sanders asked what Council felt about the 26 acres of which 40% by the Clock Tour is zoned for recreation. Mayor Pro Tem Williams and Council member Cates and Sterling feel this area should be included. Council member Lamont asked why areas five and six were not included. Mayor Sanders answered the piece that used to be the old clubhouse, which is zoned for office space and owned by Beck. The piece behind Tom Thumb was bought by Centurion and is zoned commercial; a potential visitor center has been discussed. Emmons added the intent was to include the commercial recreation in the 26 acres. Mayor Sanders advised this item was for direction only. Motion made by Williams, seconded by Sterling to proceed with the development of the reinvestment zone. Motion passed 3:0:1, with Edstrom abstaining, as the Item was not posted for action. Town Attorney, Patricia Adams counseled the motion would be on the consensus of the input. Motion made by EDC 4B Board member Nicholson, seconded by EDC 4B Board member Crosser to adjourn. EDC 4B adjourned at 8:57 P.M. D.4 Discuss and take appropriate action to approve the financials and variance report dated November 2006. Motion made by Edstrom, seconded by Sterling to approve. Mayor Pro Tem Williams asked if additional was still owed on insurance under Administration as it is budgeted at a total of $50,500 and year to date have paid $38,800. Finance Director, Sakura Dedrick responded additional expense is still owed and explained last year the Insurance Company advised the Town owed more and split the cost over a two-year period. Williams clarified the savings with Quick Pay; budgeted at $62,000 and the final payment of $55,000. Town Manager Emmons commented on the variance report, explaining we should be at 25% for Independent labor in both the Police and Fire Department. For appropriateness, the Police Department has restructured the employees considered as Independent Labor to part-time. Currently one PSO has gone back to full-time fire fighter position and Emmons asked the Council to consider converting one of the part-time Police Officer into a full-time Officer to cover the staffing shortage. If allowed, a budget amendment of a line item transfer from salary in Administration to the Police Department would be used to compensate toward the overage. Emmons added in order to increase staffing in the Fire Department the MUD’s approval would be necessary. Council member Sterling questioned why a readjustment is needed on items that are payable over a two- year period, but are fully expensed from day one. Finance Director, Sakura Dedrick explained the entire amount of loan to capital expense in the department budget is taken out as a Journal entry, credited back as cash and then the Proceeds For Loan is credited. When the actual annual payments are made, cash is credited and the department budget is debited. 28 Mayor Sanders asked about Dues and Membership under Community Development. Town Manager Emmons explained APWA was miscoded in the amount of $2,000 but should have only been for $234.00 and will be removed from the line. Motion passed unanimously without further discussion. D.5 Items for Future Agenda. Mayor Sanders pointed out additional research was needed on the following items, therefore they have been moved to the February meetings: Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (2/5) Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected. (2/19) Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. (2/19) Council member Edstrom requested to remove item 2 regarding the Building Standards Commission until such time that she and Town Manager Emmons can discuss and review. Mayor Pro Tem Williams requested an item be added to the January 22nd Agenda to discuss the possibility for a Charter Amendment Election Council member Cates, requested item 14, regarding the amendment to Sign Regulations relative to political signs and quantity per commercial lot, be added to the February 5th Agenda and will provide Town Manager Emmons the specifics she would like addressed. D.6 Reports. (a) Town Manager Emmons gave his report. E.1 Adjourn. Motion made by Williams, seconded by Lamont to adjourn. Meeting adjourned at 9:18 p.m. _____________________________________ ______________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 29 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for the rental of Election equipment for the May 12, 2007 Election. EXPLANATION: Of the 5,310 registered voters, 1,384 voted in the May 2006 Election. In addition to the eSlate Voting Machine, staff recommends ordering 1,000 paper ballots. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Letter to Denton County Election Administrator 2. Exhibit A 3. Agreement 30 January 8, 2007 Mr. Don Alexander Elections Administrator P.O. Box 1720 Denton, TX 76202 Re: Denton County Elections Contract Agreement Dear Mr. Alexander: I would like to request the following for the May 12, 2007 General Election for the Town of Trophy Club. 1. Items marked on Attachment A. I understand that the Voting Machines and various voting equipment and supplies booths will be delivered prior to Early Voting for he May 12, 2007 General Election. I plan to present the Interlocal Agreement to the Town Council on January 22, 2007, and will forward the signed copies once approved. I will make arrangements with Ms. Keill to pick up the registration lists prior to the start of early voting. Thank you for your assistance with this matter. Sincerely, Lisa Ramsey The Town of Trophy Club, Town Secretary 31 Attachment "A" Denton County Elections Contract Worksheet Town of Trophy Club Election Costs Units Cost Per Unit Estimated Actual Ballots (cost per thousand) 1 $190.00 190.00 $190.00 Early Voting Mail Ballots 20 Included 0.00 $0.00 Election Kits (Early& Election) 2.00 $35.00 70.00 $70.00 Early Voting Ballot Board Kit 1.00 $35.00 35.00 $35.00 Precinct Maps 2.00 $20.00 40.00 $40.00 City or ISD Maps 0.00 $20.00 0.00 $0.00 Voting Booth (One kit = two booths) 8.00 $5.00 40.00 $40.00 eSlate Voting Machines Rental (Ea) 2.00 $300.00 600.00 $600.00 eScan Voting Machine Rental (ea) 2.00 $300.00 600.00 $600.00 Programming eScan/eSlate per Election 1.00 $400.00 400.00 $400.00 Election Signs 1.00 $1.00 1.00 $1.00 Mail Ballot Kits 0.00 $1.00 0.00 $0.00 Postage for Mail Ballot Kits 0.00 $0.52 0.00 $0.00 Workers(Early Voting (hours) 0.00 $8.00 0.00 $0.00 FICA on Early Workers 0.00 $0.0765 0.00 $0.00 Pickup and Delivery of Supplies 0.00 $25.00 0.00 $0.00 Delivery of EV (Duryea M&S) 2.00 $89.00 178.00 $178.00 Computers (Ea) 0.00 $250.00 0.00 $0.00 Programing Computers per election 0.00 $300.00 0.00 $0.00 Poll Books 2.00 $0.10 56.00 $56.00 FICA on Election Day Workers 0.00 $0.0765 0.00 $0.00 EV Ballot Board Personnel (hours) 0.00 $9.00 0.00 $0.00 Administrative Personnel Costs 0.00 TBD 0.00 $0.00 Worksheet Total Expense $2,400.00 $2,400.00 Estimated Actual Election Total $2,210.00 $2,210.00 Election Service Fee $259.00 $259.00 Election Total Cost $2,469.00 $2,469.00 Deposit (90%) $2,222.10 (Overpaid)/ Underpaid 32 INTERLOCAL AGREEMENT Town of Trophy Club AN AGREEMENT BETWEEN THE Town of Trophy Club, TEXAS AND THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES & EQUIPMENT, AND THE PURCHASE OF VOTING SUPPLIES. Section 1. Denton County, Texas, a corporate body politic, hereinafter designated as “the County,” represented in this agreement by the Elections Administrator, hereby agrees to rent the following voting machines to the hereinafter- identified organization on the terms stated below. Section 2. The Town of Trophy Club, Texas, 100 Municipal Drive, hereinafter designated as “Renter,” has requested the rental of two (2) Hart eSlate DAU DRE voting machines at $300.00 per machine, two (2) Hart eScan voting machines, various election equipment and supplies, and election programming per the terms stated below or Annex A which is attached for the May 12, 2007 election. Section 3. The Town of Trophy Club will deliver to Denton County no later than March 14, 2007 the ballot text in both English and Spanish by fax to 940-349-3201 or via email to tamra.keill@dentoncounty.com for election programming. Section 4. The rental period of voting machines shall commence on the 26th day of April, 2007 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines for public uses, and to this end will, in compliance with the Election Code, Article 7.14, Section 20, obtain a Court Order, at the Renter’s expense, permitting the affected voting machine to be cleared and available to the County, no later than the tenth day after the first election for which the voting machines were rented. Section 5. Only voting machines that the County believes to be in safe operating condition will be provided, and the Renter agrees to hold the County harmless for any damages arising from the Renter’s use of voting machines. Section 6. Renter agrees to return the voting machines in the same condition as when received, normal and considerate usage wear expected. Renter agrees to reimburse the County for the costs to repair damages to the said machines during such time as the County does not have control custody of said machines. Section 7. The said Election Day machine will be delivered by the County to the Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas, for a delivery fee of $89.00 each for delivery and pickup by the County at said place. 33 Section 8. This contract should be accompanied with a deposit of 90% (see annex A) of the estimated election cost. Contracts received without the deposit will be returned which may jeopardize the availability of equipment for your election. Elections that are cancelled will receive a refund of the deposit less a $75.00 contract processing fee. Section 9. That this Agreement shall become effective from and after its date of passage. Section 10. In witness of this Agreement, the County and the Renter affix their signatures on this the 22nd day of January, 2007. Nick Sanders, Mayor Town of Trophy Club, Texas [Seal] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM Town Attorney Town of Trophy Club, Texas APPROVED: Don Alexander Elections Administrator Denton, County, Texas 34 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.C.1 Public Hearing: Hold the first public hearing to consider the involuntary annexation and service plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. The property to be annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall Creek Road adjacent to the northeast boundary. EXPLANATION: Public Hearing Notices were published in the newspaper on 1/5 and 1/12/07 and on the internet on January 16, 2007. Written notice was also provided to Northwest ISD, Denton County, and Trophy Club MUD. Town Council will hold a Special Session on 1/29/07 for the second Public Hearing. Town Council will consider adoption of an ordinance to annex the property on 2/19/07. The service plan is available for inspection at the public hearing and will be explained at the public hearing. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Service Plan 35 Town of Trophy Club Municipal Service Plan FIRE Existing Services: None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by an existing Fire Station located at 100 Municipal Drive. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention activities will be provided by the Fire Marshall’s office, as needed. POLICE Existing Services: None Services to be Provided: Currently, the area is under the jurisdiction of the Denton County Sheriff’s Office. However, upon annexation, the Town of Trophy Club Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. BUILDING INSPECTION Existing Services: None Services to be Provided: The Building Inspection Department will provide Code Enforcement Services upon annexation. This includes but is not limited to issuing building, electrical, mechanical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulate building construction within the Town of Trophy Club. PLANNING & ZONING Existing Services: None Services to be Provided: The Planning & Zoning Department’s responsibility for regulating development and land use through the administration of the Town of Trophy Club’s Zoning Code will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the Town of Trophy Club’s Subdivision Regulation Code. These services can be provided within the department’s current budget. 36 HEALTH DEPARTMENT – HEALTH CODE ENFORCEMENT SERVICE Existing Services: None Services to be Provided: The Town of Trophy Club will implement the enforcement of the Town’s health code ordinances and regulations on the affective date of annexation. Such services can be provided with current Community Development Department Personnel and within the current budget appropriation. In addition, animal control services will be provided to the area as needed. STREETS Existing Services: None Services to be Provided: Maintenance to the street facilities will be provided by the Town upon the effective date of the annexation. The service can be provided within the current budget appropriation. STORM WATER MANAGEMENT Existing Services: None Services to be Provided: Developers will provide storm water drainage at their own expense and will be inspected by the Town at the time of completion. The Town will then maintain the drainage upon approval. STREET LIGHTING Existing Services: None Services to be Provided: The Town of Trophy Club will coordinate any request for improved street lighting with the local electric provided in accordance with standard policy. TRAFFIC ENGINEERING Existing Services: None Services to be Provided: The Town of Trophy Club will be able to provide, after the effective date of annexation, any additional traffic control devices 37 WATER SERVICES Existing Services: None Water service to the area of proposed annexation will be provided in accordance with applicable statutes, codes and department policy. When property develops in the adjacent areas, water service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes and ordinances. Water will be provided by annexation into the Municipal Utility District or paying the applicable rates for non-annexed areas. SANITARY SEWER SERVICE Existing Services: None Services to be Provided: Sanitary sewer service to the area of proposed annexation will be provided in accordance with applicable statutes, codes, and department policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes and ordinances. Sanitary sewer service will be provided by annexation into the Municipal Utility District or paying the applicable rates for non- annexed areas. SOLID WASTE SERVICES Existing Services: None Services to be Provided: Solid waste collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing Town policies, beginning with occupancy of structures. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the Town of Trophy Club’s established policies governing extension of municipal services to newly annexed areas. 38 39 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.1 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 147.509 acre tract of land generally described as R. Allen Survey, Abstract No.5; R. Allen Survey, Abstract No. 17; J. Eads Survey, Abstract No. 392; J Henry Survey, Abstract No. 529; W Medlin Survey, Abstract No. 829, and J. Michael Survey, Abstract No. 820, known as The Highlands at Trophy Club, Neighborhoods 3 & 4. Applicant: Carter & Burgess, Inc., authorized agent of K. Hovnanian Companies and Standard Pacific Homes. (PP-06-012) (kcf) 40 PLANNING & ZONING COMMISSION REPORT TO: TOWN COUNCIL MEETING DATE: 22 JANUARY 2007 SUBJECT: PRELIMINARY PLAT – THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOODS 3&4 PURPOSE: PLATTING: To review and take action on the proposed Preliminary Plat for The Highlands at Trophy Club Preliminary Plat, Neighborhoods 3&4. OWNER/DEVELOPER: K. Hovnanian Companies 5808 West Plano Parkway Plano, Texas 75093 Standard Pacific Homes 6333 North Highway 161 Suite 350 Irving, Texas 75038 ENGINEER/LAND PLANNER: Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, Texas 75247 EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to PD-27 in May, 2006. ADJACENT ZONING/EXISTING LAND USES: North: Trophy Club Country Club (Golf Course) and Neighborhoods 2&6 of The Highlands South: Trophy Club Country Club (Golf Course) and Quorum Condominiums. East: Trophy Club Country Club (Golf Course) and Neighborhood 6 of The Highlands. West: Trophy Club Country Club (Golf Course) and The Lakes of Trophy Club, (PD-15). 41 Staff Review Preliminary Plat Zoning Sq Ft Total Lots % of Lots Sq Ft Total Lots % of Lots 13,000 77 24.45 13,000 N/C N/C 12,000 3 .95 12,000 81 25 11,000 30 9.52 11,000 N/C N/C 10,000 205 65.08 10,000 243 75 The initial plat was submitted to staff 6 November 2006. Review comments were forwarded to Carter & Burgess 1 December 2006. Carter & Burgess addressed the comments and resubmitted the plat 11 December 2006. The second set of Town review comments were forwarded to Carter & Burgess 21 December 2006, with C&B responding 27 December 2006. Staff reviewed the third set of plans and gave a favorable verbal recommendation to the Planning & Zoning Commission at their 4 January 2007 meeting. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.2 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 19.231 acre tract of land legally described as J. Henry Survey, Abstract No. 529, known as The Highlands at Trophy Club, Neighborhood 9. Applicant: Carter & Burgess, Inc., authorized agent of 831 Trophy L.P. (PP-06-014) (kcf) 58 PLANNING & ZONONG COMMISSION REPORT TO: TOWN COUNCIL MEETING DATE: 22 JANUARY 2007 SUBJECT: PRELIMINARY PLAT – THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOODS 9 PURPOSE: PLATTING: To review and take action on the proposed Preliminary Plat for The Highlands at Trophy Club Preliminary Plat, Neighborhood 9. OWNER/DEVELOPER: Mehrdad Moayedi 831 Trophy, L.P. 3901 W. Airport Freeway, Suite 200 Bedford, Texas 76021 ENGINEER/LAND PLANNER: Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, Texas 75247 EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to PD-27 in May, 2006. ADJACENT ZONING/EXISTING LAND USES: North: Town Park (Community Pool), and Village Center of The Highlands South: The Lakes of Trophy Club, (PD-15) East: Neighborhood 2 of The Highlands West: Town Park (Independence) Zoning vs. Preliminary Plat PD-27 Preliminary Plat 12,000 Sq Ft 44 Lots 44 Lots Staff Review The initial plat was submitted to staff 20 November 2006. Review comments were forwarded to Carter & Burgess 15 December 2006. Carter & Burgess addressed the comments and resubmitted the plat 21 December 2006. The Town Engineer gave a favorable verbal recommendation to the Commission at their 4 January 2007 meeting. 59 60 61 62 63 64 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.3 Discuss and provide input relative to an amendment to Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", regulating Parks and Recreation Use Fees. EXPLANATION: Staff was directed to review all parks and recreation use fees including those charged at Marshall Creek Park. Staff submitted the recommendations and supporting documentation to the Parks and Recreation Board at its January 9, 2007 meeting. The backup for this agenda item includes staff recommendations and both the motions and vote of the Parks and Recreation Board relative to use fees. RECOMMENDATION: Staff recommends that Town Council adopt new use fees for Marshall Creek Park, sports facilities, and the community swimming pool (reservations only). ACTION BY COUNCIL: Staff requests direction regarding the potential adoption of sports association use fees and resident entry fees for the pool. Attachments: 1. Current P & R Fees 2. Fee Survey 3. Proposed Fees 66 Section 8.15 Parks & Recreation All fees are to be paid at the time of reservation and are based on availability. Amounts shown are for each separate use/session. A session is based on 2-hour increments. Fees are not applicable to members of the Trophy Club youth sports associations when they are participating in Trophy Club youth sports association sponsored activities. Beck Park Baseball Fields (unlit) $8.00 per session Baseball Fields (lighted) $12.00 per session Independence Park Baseball Fields (unlit) $12.00 per session Baseball Fields (lighted) $18.00 per session Softball Fields (unlit) $12.00 per session Softball Fields (lighted) $18.00 per session Tennis Court (unlit) No Charge per session Tennis Courts (lighted) $6.00 per session Basketball/Multi Purpose Court No Charge per session Shuffleboard No Charge per session* Horseshoes No Charge per session* Harmony Park Soccer Fields (unlit) $12.00 per session Soccer Fields (lighted) $18.00 per session Softball Fields $10.00 per session Pavilion (booked in 4-hour increments) No Charge first four hours; $25.00 for next four hours** Marshall Creek Park Picnic Area No Charge first four hours; $25.00 for next four hours** Daily Park Entrance/Boat Launch $3.00 per vehicle Additional Vehicles $5.00 each additional vehicle being transported Senior Discount 50% reduction in fees for persons 60 years of age or older *Deposit Required $25.00 Refundable ** Deposit Required $50.00 Refundable 67 Annual Pass (For entry fee and boat launch only) $75.00 per year for non-residents of Trophy Club; $50.00 per year for residents and other categories of users as approved by Town Council. In the event that there is a conflict between the fee charged in this Schedule of Fees Article and any other Article, the amount specified in this fee Article shall control the fees charged for Marshall Creek Park. The annual pass is valid from January 1 to December 31 of the year in which it is issued regardless of the month in which the pass is actually purchased. The annual pass shall be displayed at all times on the vehicle for which it was issued in accordance with the applicable instructions for attachment. 68 69 70 71 72 73 74 75 76 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding the calling of a potential Charter Amendment Election in May 2007 and Charter amendments to be submitted to the voters. EXPLANATION: The purpose of this item is to discuss items that the Charter Review Group has identified that merit consideration for an upcoming Charter election. If the Council wishes to move forward, the specific ballot language will have to be finalized and the election called at the February 5 meeting. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Items suggested by Staff and Council: Section 3.01 Selection of Terms - Propose 3 year terms Section 3.01 Number of Terms - limit to 2 consecutive terms for the same position (would allow for council to run for Mayor and vice versa) Section 3.16 (b) Procedure for Enacting Ordinances and Resolutions; Publications - Amend section to specify "majority of the Council" is necessary to pass an ordinance rather than (3) or more members Section 4.07 Town Secretary - Propose Town Manager to appoint Town Secretary with Council affirming the appointment Section 5.04 (d) Filing for Office - Propose resign to run provision for elected officials Section 6.01 and 6.03 - Recall - Removal based on 1 ground rather than "more than one ground" *Section 6.04(f) Recall - Propose changing 45 day specific requirement for calling election to general requirement for removal of Councilmember (allow for time to comply with statutory requirements) Section 7.03 Referendum – Allow for language to include non-binding referendums. 77 Section 10.03 Power to Grant Franchise - Propose to change limit to allow a franchise with a 30 year term (Current term is 20) Citizen Suggestions to the Charter: Section 3.01 Number, Selection and Term – Propose creation of four single member districts and one at-large district Section 3.01 Number, Selection and Term – Propose creation of 2 districts (divided along MUD lines) with 2 members and one at-large district Section 3.06 Mayor – Propose allowing Mayor to vote in all matters 78 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.5 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. List 79 1. Discuss and receive input relative to an Ordinance amending Article IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to political signs and quantity per commercial lot.) (2/5) 2. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water. (2/5) 3. Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (2/5) 4. Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of America Securities to provide underwriting and related banking services for the Public Improvement District Bonds related to the Highlands at Trophy Club. 5. Discuss and take appropriate action regarding the PID Agreement. 6. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected. (2/19) 7. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. (2/19) 8. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section 3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches." 9. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. 10. Review of the Property Maintenance Ordinance. 11. Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of Ordinances of the Town. 12. Discussion about storm water discharge from pools. 13. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. 14. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. 80 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.6 Discuss and take appropriate action to approve the financials and variance report dated December 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 81 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.D.7 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Council report from EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. “Denton County Days in Austin” is Feb 26-27 and “Tarrant County Days in Austin” is Feb 27-28. Details for both events provided below. Registration for Denton County Days will be handled by Denton Chamber of Commerce and the North West Metroport Chamber will be taking reservations for Tarrant County Days. Pearl Ford will be attending on the North West Metroport Chambers behalf for Denton County Days and Sally Michalak will be attending Tarrant County Days. Mayor Sanders plans to attend both events. Please let Sally Michalak know if you have any questions regarding these events or would like hotel reservation information. Attachments: 1. Denton County Day 2007 Brochure 2. Tarrant County Day at the Capitol Brochure 82 83 84 85 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-22-2007 Subject: Agenda Item No.E.1 Adjourn.