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Agenda Packet TC 07/09/2007Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, July 9, 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 state under God and indivisible." A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Josh Shuster/Trophy Club Boy Scout Troop 910, and congratulating him on his achievement of the Eagle Scout Award. A.5 Discuss and take appropriate action in regard to a Proclamation to recognize August 7, 2007 as National Night Out. A.6 Tarrant County Commissioner Gary Fickes to address Council on transportation issues, and Council discussion of same. A.7 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, June 18, 2007. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 19, 2007. C.1 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfare/Infrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres). FP-07-010 Preliminary and Final Plat Approval for The Master Thoroughfare/ Infrastructure plats. 1 A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. C.2 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of K. Hovnanian Homes-DFW, L.L.C. to approve a Final Plat of Lots 1-14, Block A, The Highlands at Trophy Club Neighborhood 3, Phase 1A (4.885 acres) (located on the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium Property). FP-07-014 Final Plat for The Highlands at Trophy Club Neighborhood 3, Phase 1A. C.3 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas to approve a Final Plat of 178 Residential Lots and 11 Common Areas, The Highlands at Trophy Club Neighborhoods 3 & 4, Phase 1B (69.753 acres) (located on the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium Property). FP-07-015 Final Plat for The Highlands at Trophy Club Neighborhoods 3 and 4, Phase 1B. A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement between K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas for The Highlands at Trophy Club Neighborhoods 3 & 4, specifically Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B. C.4 Discuss and receive input regarding a draft service and assessment plan for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club.) C.5 Discuss and Receive report from staff regarding recent flood events, update on disaster recovery and actions taken. C.6 Discuss and receive input regarding the selection of a firm to perform the needs assessment as outlined in the RFP/RFQ for a Needs Assessment for a new Police facility and to authorize the Town Manager to begin the negotiation of a contract as provided in the Town's purchasing policies. C.7 Discuss and take appropriate action to approve financials and variance report dated May 2007. C.8 Discuss and take appropriate action regarding a Resolution authorizing Intervention in PUC proceeding dealing with the acquisition of TXU/ONCOR and authorizing participation in a Coalition of Municipalities, Public Entities, and Commercial Customers known as Alliance of TXU/ONCOR Customers C.9 Discuss and take appropriate action appointing two Council members to serve on MUD/Town Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. 2 C.10 Discuss and take appropriate action to approve Minutes dated, June 4, 2007. C.11 Discuss and take appropriate action regarding a Proposal to enter into an agreement with Connect-CTY Service. C.12 Items for Future Agenda. C.13 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. D.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 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 state under God and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Josh Shuster/Trophy Club Boy Scout Troop 910, and congratulating him on his achievement of the Eagle Scout Award. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Proclamation 7 TOWN OF TROPHY CLUB PROCLAMATION NO. 2007- BOY SCOUT TROOP 910 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE THE LEADERS AND MEMBERS OF BOY SCOUT TROOP 910 WHO REPRESENT OUR TOWN AND THEIR TROOP; WHO BY THEIR PARTICIPATION AND DETERMINATION BRING HIGH HONOR TO THE TOWN AND ALL OF OUR RESIDENTS; RECOGNIZING AND CONGRATULATING JOSH SHUSTER ON HIS ACHIEVEMENT FOR EARNING THE EAGLE SCOUT AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is fortunate to be home to residents of all ages who participate, lead, coach and in other ways support organized Scouting activities in the Town; and WHEREAS, the Town of Trophy Club is fortunate to have the support of the Troop leaders and the parents who support our scouts in these activities; and WHEREAS, the Town Council of the Town of Trophy Club desires to recognize Josh Shuster of Troop 910 for his outstanding achievements and perseverance. 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 congratulates Josh Shuster for his attainment of the Eagle Award as the highest rank that Scouting offers. 2007 Eagle Scout Josh Shuster Section 2. That the Town of Trophy Club acknowledges this individual as having distinguished himself through his continued, active service in Scouting. His outstanding effort, dedication and commitment to excellence that are the source of high community pride and that have resulted in significant positive recognition for our Town. Section 3. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] __________________________________________ Town Secretary Town of Trophy Club, Texas 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.A.5 Discuss and take appropriate action in regard to a Proclamation to recognize August 7, 2007 as National Night Out. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Proclamation 9 TOWN OF TROPHY CLUB PROCLAMATION NO. 2007 - National Night Out – Tuesday, August 7, 2007 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE AUGUST 7, 2007 AS NATIONAL NIGHT OUT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, National Night Out, 'America's Night Out Against Crime,' was introduced by the Association in 1984. The program was the brainchild of National Association of Town Watch (NATW) Executive Director Matt A. Peskin; and WHEREAS, the National Association of Town Watch (NATW) is a nonprofit, crime prevention organization which works in cooperation with thousands of crime watch groups and law enforcement agencies throughout the country. Since 1981, NATW has been dedicated to the development, growth and maintenance of organized crime and drug prevention programs nationwide. NATW's network has grown to include over 6,500 crime, drug and violence prevention organizations; and WHEREAS, That first year, 400 communities in 23 states participated in National Night Out. Nationwide, 2.5 million Americans took part in 1984. The seed had been planted. In subsequent years, participation has grown steadily. The 23rd Annual National Night Out last August involved 35.2 million people in 11,125 communities from all 50 states, U.S. territories, Canadian cities, and military bases worldwide. National Night Out 2007 will culminate on August 7th. Over 11,000 communities are expected to take part. 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 invites all Town residents to participate and celebrate in the 24th Annual National Night Out 2007 by having a front porch vigil, a block party, cookout or flashlight walk. Section 2. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] 10 __________________________________________ Town Secretary Town of Trophy Club, Texas 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.A.6 Tarrant County Commissioner Gary Fickes to address Council on transportation issues, and Council discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 12 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.A.7 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. 13 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 18, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. June 18, 2007 Minutes 14 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 18, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 18, 2007. 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 Council Member Susan Edstrom Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson 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 Carolyn Huggins Planning Coordinator A.1 Mayor Sanders called the Regular Session to order at 7:01 p.m. noting a quorum was present. A.2 Police Chief Kniffen gave the Invocation. A.3 Police Sergeant Tyler led the Pledges. A.4 Citizen presentations: Ray Lewis from the Moslah Shrine, Flying Fex - Thanked the Council for allowing them to solicit the Town residents for the Hospital fund raiser held on May 4th and 5th, 2007. The Town Council was presented a certificate of appreciation for their support in their Shrine efforts. Steven Kohs, 18 Overhill Drive introduced Bill Watkins, Ride Captain of the Patriot Guard Riders. Mr. Watkins said the Town and Town Staff have done a remarkable job supporting the Patriot Guard Riders and their mission. Mr. Watkins acknowledged and presented a certification to Police Chief Scott Kniffen and Fire Lieutenant Gene Bates, accepting for Fire Chief Danny Thomas, for their help and support during the rides. Steven Kohs presented Mayor Sanders with a challenge coin and acknowledged two Marines, John Schwartz, a former resident and Josh Dede. (Steven to provide correct spelling) Bill Rose, 219 Inverness Drive – Saluted the Town Staff who worked the storm last night and asked that the Council look into why the siren did not go off. J.D. Stotts, 1 Narrow Creek Court – Said that he would be interested in volunteering to help during storms like the one from last night. Stotts requested the Council consider changing the name of Trophy Club Park at Lake Grapevine to just Trophy Club Park. 15 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 Council member Edstrom seconded by Council member Sterling to approve the Consent Agenda, Item B.1. Motion passed unanimously without further discussion B.1 Consent Agenda: Discuss and take appropriate action regarding a Modification to the Allied Waste Services Contract adjusting primary collection days and affecting the holiday pick up schedule. End of Consent Agenda TOWN COUNCIL CONVENED INTO REGULAR SESSION *REGULAR SESSION C.1 Review Presentation by Anna Clark with Earth People. Discuss and take appropriate action authorizing the Mayor to sign the US Mayors Climate Protection Agreement on Global Warming. Council member Moss objected to consideration; stating he is not in favor of the agreement or the presentation. Mayor Sanders ruled the objection out of order. President Anna Clark from EarthPeople, LLC., gave a brief presentation regarding climate disruption as an urgent threat to the environmental and economic health of our communities. Many cities, in this country and abroad, already have strong local policies and programs in place to reduce global warming pollution, but more action is needed at the local, state, and federal levels to meet the challenge. Ms. Clark explained the actions necessary under the Agreement. Council member Cates is interested in conservation but not necessarily Global Warming and would like more information before considering. Council member Wilson agreed with Council member Cates and feels that tips on conservation distributed in pamphlets is a good idea. Council member Edstrom did not think the presentation addressed conservation or how to reduce the submissions and said that the biggest concern of the residents is how this agreement ties to Global Warming. Council member Sterling admires Ms. Clark’s concern for the environment but feels the agreement is bigger than what was presented. Council member Moss did not have a problem with the presentation and said that several residents have already taken conservation precautions. No action taken. Dwight Morrow, 251 Oak Hill Drive – Agrees with Ms. Clark’s concept but objects to the Town signing the agreement. Mayor Sanders questioned council about considering Items C9 and C10 next. Mayor Sanders noted no objections and moved up Items C.9 and C.10. Mayor Sanders questioned council about considering Item C6 next. Mayor Sanders noted no objections and moved up Items C.6. 16 C.2 Discuss and take appropriate action regarding an Agreement between the Town and Fleet Screen Ltd. to act as the Medical Review Officer and conduct CDL random drug tests. Town Manager Emmons said Alliance Medical currently performs the Town’s pre-employment tests and Worker’s Comp injuries. In accordance to SAMSHA (Substance Abuse and Mental Health Administration) Alliance uses Fleet Screen as the Medical Review Officer. Staff recommended Fleet conduct the CDL random drug testing as well in order to have all services centralized. Motion made by Edstrom, seconded by Sterling to approve. Council member Cates questioned if staff went out for bids. Council member Wilson confirmed that Alliance is performing satisfactorily. Council member Sterling feels that going out for bids would be cost prohibited. Motion passed 4:1, with Cates voting against. C.3 Discuss and take appropriate action appointing one Council member to serve on the MUD/Town Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. Mayor Sanders explained that Council member Edstrom was appointed at the June 4th meeting and Council members Cates and Wilson tied. Council member Sterling was absent from the June 4th meeting and Mayor Sanders requested this item come back tonight so that he would have the opportunity to vote. Both Council members Cates and Wilson would like to volunteer. Motion made by Moss, seconded by Wilson to appoint Wilson as the second member. Council member Edstrom asked that her name be withdrawn and that Council members Cates and Wilson be appointed as she would prefer to serve on the Charter review task force. Edstrom added that during the election she was assured this group would work together and in order to ensure this happens, respectfully withdrew her appointment. Town Attorney Patricia Adams advised the posting is only to appoint one member. Council member Moss withdrew his motion, the second agreed. Mayor Sanders said this item would come back at the next meeting. Motion made by Moss, seconded by Wilson to appoint Wilson and Cates. Council member Wilson said she has specific interest in this task force based on constituent’s requests. Council member Sterling asked Council member Wilson her goals and objectives for the task force. Wilson feels she has a lot to offer with her availability and negotiating ability with a contentious issue. Council member Edstrom clarified she did not withdraw for complicity and respectfully requested this item be addressed at the next meeting. Council member Moss withdrew his motion, the second agreed. An item allowing Council member Edstrom to withdraw and appointing two members will be addressed at the next council meeting. 17 C.4 Discuss and take appropriate action to appoint two members of Council to serve on the Charter Review Committee. Mayor Sanders commented that Former Mayor Pro Tem Williams and Council member Lamont previously served on this task force and recapped the Charter Review Topics from November 1, 2006 Meeting. Council member Cates confirmed that both Council members Edstrom and Sterling are interested in serving on this Committee. Motion made by Moss, seconded by Cates to appoint Sterling and Edstrom. Council member Wilson confirmed there are no citizens currently serve on this committee. Council member Edstrom commented there were citizens who expressed a desire to serve in November. Bill Rose, 219 Inverness Drive Suggested a committee be formed to do the research and then present to Council. Motion passed unanimously without further discussion. C.5 Review and discuss the proposed assessment roll for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club). No action taken. C.6 Review and discuss the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) Service and Assessment Plan. Town Manager Emmons explained this as the next step in the PID and sets the assessments in the property. The intent is to present to Council, have Council review the document and have the consultants give a history of how it was created and the timeline for adoption. Robert Miklos from Hughes and Luce explained the SAP as the methodology which spells out the services that will be provided in the PID; the SAP is the operative document for the PID. Lila Marsh from Vincent and Elkins said the SAP can best be described as the “‘how are you going to levy the assessments?” Marsh complimented Mr. Miklos for working with DCAD to get the tracks divided and explained the concept of bonds and the definitions of equivalent units and lot types. Marsh gave a brief overview of the Assessment Plan. Kyle Saulsman from Carter and Burgess explained the allocation was based on units serving 87% PID flow. Council member Sterling pointed out a typo on page 32 and confirmed that there are 281 lots in the entire project. Council member Wilson verified that should the Attorney General not approve the whole process would need to be started over. Council member Moss does not feel the graphs for the NE and NW Parks are true representations. Kyle Saulsman agreed that the graphs provided to Council did not represent the Town’s design. Mayor Sanders asked if approved tonight, could an item later be changed. Lila Marsh explained if the Town approves $200,000 for sports fields, there will not be any specifics based on the type of sports field. However, if the Town specifies a splash park, then it would need to be a splash park. 18 Council member Cates added the residents in the PID will still benefit from the other services currently existing. Mayor Sanders does not want the specifics restricting or dictating the plan making interpretation too narrow. Council member Wilson believes Council should heed Mrs. Marsh’s counsel and approve with some specification. Mayor Sanders requested Town Manager Emmons work up the description and come back to Council. Town Manager Emmons questioned if they need to begin assigning a monetary value to the services. Lila Marsh recommends the first cut that breaks out basics, land costs, and a list of a general budget for the 1.7 million. No action taken. C.7 Items for Future Agenda. Council member Cates requested staff designate a date for the EMS Plan. C.8 Reports. (a) EDC 4B Liaison, Council member Sterling gave his report to Town Council. (b) Town Manager Emmons gave his report to Council. C.9 Discuss and take appropriate action relative to Final Plat approval of an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (FP-07-011) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Town Manager Emmons explained this has been recurring and staff has finally received the letter from the CORP. Emmons said that there is still one issue with the road and how it will be escrowed. Town Attorney Adams said the Town was not aware what the Parkland dedication was going to be and had hoped to provide alternatives as well as have the engineer review. Mayor Sanders commented that staff recommended Council’s approval of the plat and to bring the ratification back on the Consent Agenda. Council member Cates questioned the second level of authorization on the easement. Town Manager Emmons responded this has been achieved. Planning and Zoning Chairman, Gene Hill said all stipulations of Commission have all been met. Motion made by Moss, seconded by Edstrom to approve. Motion passed unanimously without further discussion. C.10 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. Town Manager Emmons said based upon the methodology for parkland dedication contained in the Town’s ordinance, the Developer of Churchill Downs would owe $57,670 that would be paid as money in lieu of parkland dedication. That cost calculation is based upon the following: 35 Dwelling units require a Park Land turnover of .79 acres. Using the land purchase price of $73,000.00 per acre would require the developer to pay $57,670.00 in monies in lieu of land. Staff recommends this amount be accepted; take cash in lieu of land. 19 Motion made by Moss, seconded by Wilson to approve. Council member Cates asked if the developer had proposed any matching or in-kind contribution in lieu of cash. Town Manager Emmons said there are some proposals but nothing verified as of yet. Motion passed unanimously without further discussion. Council convened into Executive Session at 9:57 P.M. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION *EXECUTIVE SESSION D.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to discuss the following: A. The deliberation of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Appointment of Mayor Pro Tem. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION Council reconvened into Regular Session at 10:04 P.M. D.2 Discuss and take appropriate action relative to the appointment of Mayor Pro Tem. Motion made by Cates, seconded by Edstrom to appoint Edstrom as Mayor Pro Tem. Motion to amend made by Wilson, seconded by Moss to appoint Moss. Council member Sterling believes there should be a policy for the appointment of Mayor Pro Tem in place. Mayor Sanders allowed Sterling’s comment and called the Council to make the decision on the item. The amended motion failed for a lack of majority, 2:2:1; Moss and Wilson voting for, Cates and Edstrom voting against and Sterling abstaining. The main motion appointing Edstrom as Mayor Pro Tem failed for a lack of majority, 2:2:1; with Cates and Edstrom voting for, Moss and Wilson voting against and Sterling abstaining. Mayor Sanders felt that Council should make this decision, however since they are divided, he would vote. Council member Sterling moved to substitute Wilson for appointment; Wilson declined. The main motion appointing Edstrom as Mayor Pro Tem passed 3:2:1 with Sanders voting for. E.1 Adjourn. Motion made by Cates, seconded by Wilson to adjourn. Meeting adjourned at 10:20 p.m. 20 _____________________________________ ______________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 21 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 19, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. June 19, 2007 Minutes 22 MINUTES OF A TOWN COUNCIL BUDGET WORKSHOP FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 19, 2007 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, June 19, 2007. 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 Council Member Susan Edstrom Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Sakura Moten-Dedrick Finance Director Carolyn Huggins Planning and Zoning Coordinator Ed Helton Streets Superintendent Chris King Building Inspector Tammy Ard Administrative Assistant A.1 Mayor Sanders called the Budget Workshop to order at 6:00 p.m. noting a quorum was present. A.2 Town Manager Emmons gave his opening comments and introduced the staff members in attendance. TOWN COUNCIL TO CONVENE INTO A BUDGET WORKSHOP *BUDGET WORKSHOP B.3 Budget Workshop: Revenues Sakura Court Sakura Planning & Zoning Carolyn Community Dev Brandon/Chris Streets/ Storm Sewer Brandon/Ed Finance Sakura HR Lisa Manager’s Office Brandon/Lisa Each department presented their budget and answered Council’s questions. The following summary of action items resulted from Council’s budget workshop: 23 Finance - Buy down rate available on unemployment tax? If so, what are the details? Check with auditor to see if we can go to accrual method for sales tax? If so, what would it take? P & Z Clarify and adjust (if needed) expenses for Town Planner/Town Planner Ordinance lines. Clarify and adjust (if needed) expenses for Engineering line. Streets Provide more detailed breakdown of complete costs for 2 workers vs. contract (Town Salaries + Town Expenses – Contract). Provide a list of much needed Storm Sewer repair projects. Fire Verify if EMS Runs revenue/expenses for FY07-08 take new opening/increase of Baylor Emergency Care into account? HR Provide a detailed list of roles and responsibilities for the HR Director/Department. Finance Summarize expenses pulled from Community Development (same format as Admin Director budget). Provide realistic merit total. Place Joint Meeting to review personnel and Fire budget on Jul Master District agenda. Check on tax assessment values due to infrastructure. Clarify who debt portion of PID revenues will be handled. Clarify how Fire Assessment is applied to agricultural exempt properties. Track PID related items separately from those that will actually be reimbursed. Town Revisit with Council after start of FY07-08 to discuss how to handle Hotel/Motel Tax (they Manager mentioned increasing July 4th). C.1 Adjourn. (10:00 P.M.) Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 10:00 p.m. ____________________________________ ______________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.1 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfare/Infrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres). FP-07-010 Preliminary and Final Plat Approval for The Master Thoroughfare/ Infrastructure plats. A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. Attending: Jaison Stephen and Jim Wiegert from Carter-Burgess Dean Stuller from Innovative Transportation Solutions, Inc. will answer questions regarding the Highlands Traffic Impact Analysis (TIA) report) Tom Rutledge from Teague, Nall and Perkins Steve Lenart has indicated that he will attend Monday’s July 9 Town Council meeting on behalf of 831 Trophy L.P. APPLICANT: Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, TX 75247 OWNER: Mehrdad Moayedi 831 Trophy L.P./Centurion Acquisitions, Inc. 3901 W. Airport Freeway, Suite 200 Bedford, TX 76021 HISTORY: Preliminary plat approval of the Master right-of-way (but not the plats) was granted by the Town Council on December 18, 2006. The Master right-of-way was included as part of The Highlands at Trophy Club Neighborhoods 1, 2, 5, 6, and 7. On January 30, 2007, application was made for final platting of the infrastructure/thoroughfare for Trophy Club Drive and Marshall Creek Road East (now named Trophy Club Park Drive). 25 STAFF REVIEW: There was comprehensive staff review for the thoroughfare plats. Bi- monthly meetings also involved the Town of Roanoke, Marshall Creek, Denton County and Northwest ISD to coordinate the alignment of the road to the High School. On the final review of the construction documents by the Town Engineer, the applicant was asked to provide a letter agreement from the golf course for the sewer through the golf course. The applicant states that the golf course has agreed verbally with the location of the sanitary sewer line that crosses their property. Tim Dagg, the golf course director, gave a verbal agreement to the location across the golf course at an on-site walk-thru of the sanitary sewer alignment on February 20, 2007. Easements designating this alignment location were prepared and submitted to the Town Engineer and Town Attorney for review on June 19, 2007. After Town approval, the documents will be forwarded to the applicant who will forward them to ClubCorp for approval. In addition, the Town engineer asked that the sanitary sewer manhole cover be changed from a standard rim to a “hinged” rim and the applicant indicated that the plans will be updated once the detail is received from the Town and before final construction sets are published. The items above are stated for reference and historical purposes only. Town Council action is not needed on these items. SUMMARY: The Town Engineer has reviewed the construction documents for The Highlands Master Improvements and has determined that they are consistent with the Town’s standards and regulations for development and construction. Landscaping and irrigation plans were also reviewed by the staff and the Town Engineer and are consistent with the Town’s standards. Innovative Traffic Solutions (ITS) has reviewed the Traffic Impact Analysis (TIA) report submitted by Carter & Burgess for The Highlands at Trophy Club. ITS’s summary of their review (memo dated June 18, 2007) is enclosed. Dean Stuller will be in attendance at the July 9, 2007 Town Council meeting to provide further explanation or answer questions. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission recommended approval on July 2, 2007, by a unanimous vote of 6-0 with the following stipulations: “Street A” on Sheet 2 be designated as Galloway Blvd.; the 45-ft. right-of- way line on each sheet be designated as “centerline”; delete note 2 on Sheet 2; indicate the 50-ft. access easement across the common area of the slip road as “temporary”; label Durango Drive and other streets outside the platted area for reference purposes; and be consistent with the name of the common area for the slip road, choosing either “HOA Tract No. 2” or “Common Area”. 26 STAFF RECOMMENDATION: Staff has reviewed and approved the changes made by Carter & Burgess as requested by the Planning & Zoning Commission. Staff recommends approval. 27 28 29 30 EXCERPT FROM PLANNING & ZONING COMMISSION MINUTES JULY 2, 2007 C.1 FP-07-010 CONSIDER A REQUEST FROM CARTER & BURGESS, INC. ON BEHALF OF 831 TROPHY, L.P./CENTURION ACQUISITIONS, L.P. TO APPROVE BOTH PRELIMINARY AND FINAL PLATTING OF THE HIGHLANDS AT TROPHY CLUB MASTER THOROUGHFARE/ INFRASTRUCTURE TO BE KNOWN AS A FINAL PLAT OF TROPHY CLUB DRIVE & TROPHY CLUB PARK DRIVE (23.685 ACRES). Jim Wiegert, Carter-Burgess, asked for approval of the Final Plat for Trophy Club Drive and Trophy Club Park Drive which are the master improvements which include road improvements with the associated storm drainage and also a water line. There is sanitary sewer which will serve the neighborhoods of the Highlands of Trophy Club and connect into the existing sewer system just upstream of the treatment plant. A water model has been submitted for the design and construction of the water line improvements. A traffic impact analysis (TIA) was also submitted. Dean Stuller, Innovative Transportation Solutions, Inc. (ITS) reviewed the TIA submitted by Carter-Burgess. ITS is in agreement with the TIA except for signalization at Trophy Club Drive and Trophy Lake Drive. The TIA calls for signalization at the end of Stage 3. ITS recommends signalization of the intersection of Trophy Club Drive and Trophy Lake Drive at the end of Stage 2 construction in The Highlands. Tom Rutledge, Town Engineer, stated that Teague Nall and Perkins have had several reviews of plans submitted by Carter-Burgess and all comments have been addressed. Chairman Hill asked that “Street A” on the Sheet 2 plat be designated as Galloway Blvd. as that is what will go before Town Council next week on the Highlands Neighborhoods 3 & 4 plats. Mr. Wiegert agreed to make that change. Chairman Hill asked if Northwest Parkway was a correct street name on Sheet 4 for the road in the vicinity of the high school. Mr. Rutledge stated that nothing has been formalized but in meetings that have taken place with Carter-Burgess, Town Staff, Roanoke, Marshall Creek, and the School District, comments have been made that Northwest Parkway is an acceptable name. Chairman Hill stated that at that intersection there seems to be a common area which juts out into the traffic lanes. Is that going to be a future traffic problem? Mr. Wiegert explained that it designates where the right-of-way is; it is not an indication of the curb line. There will not be a jut in the pavement. Chairman Hill asked for an explanation of the drainage easements (by separate instrument) shown on Sheets 5, 6, and 7. Mr. Wiegert explained that the ultimate drainage area for the road flows naturally toward the street. It is collected within the 31 subdivisions and taken down with the grade to the south and eventually to the creek. Once those lots are constructed, there will be a drainage swale to keep the drainage from overloading onto the street and at that time the drainage easements will be abandoned. Chairman Hill asked if the temporary turnaround easement and drainage easement on Sheet 7 will be abandoned once the road is elongated. Mr. Wiegert confirmed. Commissioners Ashby, Sanchez, Reed and Vice Chairman Stephen had no questions. Commissioner Sheridan asked for an explanation of the breakdown of the right-of-way on Trophy Club Drive on Sheet 2. It is stated as 45-ft. and 5-ft. Why isn’t it listed as 50- ft.? Mr. Wiegert explained that the right-of-way is required to be 90-ft. and 45-ft. calls out the dimensions of the centerline of the road. Mr. Rutledge added that this plat is unique in that lots are not being platted but rather right-of-way is being platted. He explained that on Sheet 2 the centerline is listed. The road that currently exists is built on an 80-ft. right-of-way and the standards have now changed to 90-ft. The centerline is indicated to reflect current standards. Commissioner Sheridan asked that the 45-ft. line be designated as “centerline” on each sheet so that the meaning is clearer. Commissioner Sheridan asked that Note 2 on Sheet 2 indicate the name of the entity responsible for maintenance of common held property. Mr. Wiegert indicated the entity will be the Town of Trophy Club; staff will either clarify or have the note removed. Commissioner Sheridan asked why there is a 50-ft. access easement across the common area into the slip road. Mr. Wiegert responded that the developer, Hillwood, wanted to have an access point at midway of the slip road as that is where the model homes are to be located. It is temporary and will eventually be removed. Mr. Rutledge recommended that it be stated as “temporary” on the plat. Commissioner Sheridan asked that Durango Drive be labeled on the plat for reference. Commissioner Sheridan asked for an explanation of the difference between Stage 2 and Stage 3. Mr. Wiegert explained that a set number of homes are planned for each stage but those numbers were not readily available. [This information was provided to the Commissioners in an email following the meeting. Stage 1 – 741 homes, Stage 2 will add 485 additional homes for a total of 1,226, and Stage 3 will add 338 additional homes for a total of 1,564.] Commissioner Sheridan asked for clarification that the name “Northwest Parkway” is not a part of this plat and therefore if the name changes this plat will not need to be amended. Mr. Rutledge confirmed. On page 2, for the slip roads, Commissioner Sheridan noted that there is an indication of “common area” and on other sheets such as page 4 in the upper right this area is designated as “HOA Tract No. 2”. He asked if there is a difference. Mr. Wiegert stated 32 that there is not a difference. Commissioner Sheridan asked Mr. Wiegert to pick one and be consistent throughout. As there were no further comments or questions the Chairman called for a motion. Motion: Commissioner Sheridan motioned to approve with the stipulations that Street A be designated as Galloway Blvd.; the 45-ft. right-of-way line on each sheet be designated as “centerline”; clarify note 2 on Sheet 2; indicate that the 50-ft. access easement across the common area of the slip road is “temporary”; label Durango Drive and other streets outside the platted area for reference purposes; and be consistent with the name of the common area for the slip road, choosing either “HOA Tract No. 2” or “Common Area”. Second: Vice Chairman Stephen Ayes: Hill, Sanchez, Sheridan, Stephens, Reed, Ashby Action: 6-0, Approved Motion carried. 33 34 35 36 37 38 39 40 41 42 43 44 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.2 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of K. Hovnanian Homes-DFW, L.L.C. to approve a Final Plat of Lots 1-14, Block A, The Highlands at Trophy Club Neighborhood 3, Phase 1A (4.885 acres) (located on the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium Property). FP-07-014 Final Plat for The Highlands at Trophy Club Neighborhood 3, Phase 1A. APPLICANT: Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, TX 75247 OWNER: K. Hovnanian Homes-DFW, L.L.C. 5808 W. Plano Parkway Plano, TX 75093 EXISTING CONDITION OF THE PROPERTY: This property is part of the 696.6 acre tract of land rezoned and approved as PD-27 by the Town Council. A preliminary plat for Neighborhoods 3 & 4, consisting of 147.509 acres of land was recommended for approval by the Planning & Zoning Commission on January 4, 2007, and was approved by Town Council on January 22, 2007. ADJACENT ZONING/EXISTING LAND USES: North: PD-27, Neighborhood 2, Vacant, a Final Plat has not yet been brought forward for your approval South: A common area is immediately south of this property and is not part of this plat, with the Quorum Condominiums (PD-11) immediately south of the common area. East: PD-27, Neighborhoods 3 & 4, to be considered by the Planning & Zoning Commission as a separate item on this agenda. West: PD-15, The Lakes Addition. 45 STAFF COMMENTS: The Town Engineer and Staff have reviewed the plat and determined that it complies with the Comprehensive Zoning Ordinance, Comprehensive Land Use Plan, and Subdivision Regulations. Staff recommends approval. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission recommended approval at the June 21, 2007, Planning & Zoning Commission meeting by a unanimous vote of 6-0. 46 47 EXCERPT FROM PLANNING & ZONING COMMISSION MINUTES JUNE 21, 2007 FP-07-014 FINAL PLAT FOR THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 3, PHASE 1A. CONSIDERATION OF A REQUEST FROM CARTER & BURGESS, INC. ON BEHALF OF K. HOVNANIAN HOMES-DFW, L.L.C. TO APPROVE A FINAL PLAT OF LOTS 1-14, BLOCK A, THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 3, PHASE 1A (4.885 ACRES) (LOCATED ON THE EAST SIDE OF TROPHY CLUB DRIVE ADJACENT TO DURANGO DRIVE AND NORTH OF THE QUORUM CONDOMINIUM PROPERTY). Chairman Hill announced the case and asked the applicant to explain his request. Jaison Stephen, Carter-Burgess, stated that he and Brian Carlock and Brad Hunstable (both with Hillwood Residential), were present tonight representing K. Hovnanian Homes and Pacific Standard Homes to ask for approval of the final plats for Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B. He stated that this is part of The Highlands development which was preliminary platted in January 2007. The lots are 10,000 to 13,000 square feet. Phases 2 and 3 will be in subsequent years. Chairman Hill stated that utility easements throughout the proposed development are primarily located at the front lot lines, and since utilities make their own decisions regarding locations of telephone kiosks, cable connection boxes, electrical transformers, etc., will we see most of these at the curbside throughout most of the development? If that is where they are going to be located, is there any means of reducing the visual impact of these features by a more selective location? Brian Carlock, Hillwood Residential, responded that both the phone companies and electric companies have subsurface handholds and the only thing that should be exposed is every four to eight lot lines will have an above ground transformer for electric. Somewhere strategically located in the community will be one switch gear, usually an 8x8 box 3-ft. high. This will also apply to Neighborhoods 3 & 4, Phase 1B. Chairman Hill stated that there is a 10-ft. private drainage easement identified as PDE on the plat and it is shown extending along the rear line of lots 2 through 8 and at the rear line of lot 3. This PDE is also identified as a 10-ft. utility easement. Is this PDE also a utility easement along its full length from lot 2 though lot 8? Jaison Stephen, Carter-Burgess, responded that the lots in Phase 1A naturally drain onto Phase 1B. They are installing a rear yard drainage system to pick up the drainage from the lot before it goes onto the adjacent lot. Chairman Hill asked if the lots he is referring to are in Phase 1B, Lots 20-27. Jaison Stephen confirmed that they are. Chairman Hill asked if they are to be underground. Jaison Stephen confirmed that they are. Chairman Hill asked if it would be pipe. He is concerned with how the integrity of the PDE will be protected when fences are erected? Mr. Stephen stated that it would be small PVC pipe, 4” at most, and that in most cases the builder will install a fence rather than a homeowner adding a fence later. 48 Chairman Hill asked if 1B would be subsurface discharging onto Glasgow Drive. Jaison Stephen confirmed that it would discharge onto Glasgow through an opening in the curb. That water will then be picked up by the underground drainage system on Glasgow. Chairman Hill asked who would be responsible for resolving conflicts if someone’s line is leaking or plugged in the future. Mr. Stephen stated that they show the easements so that the home owners will know upfront what they will have on their property. Chairman Hill stated that between lots 10 and 11 of Phase 1A there is a 10-ft. utility easement that does not appear to be aligned with the 10-ft utility easement between lots 19 and 20 of Phase 1B. Jaison Stephen will correct that. Vice Chairman Stephens asked for clarification that the PDE is going to be underground rather than a swale. Jaison Stephen stated it would be underground. Commissioner Ashby asked for further clarification of the utility easement on lot 3 which was previously mentioned by Chairman Hill. Chairman Hill and Jaison Stephen responded. Commissioner Sheridan asked if there is a better way to identify the PDE on the plat so that homeowners know that they are responsible rather than the Town. Especially with the recent flooding, is there a better way to identify that this is private? Jaison Stephen’s response was that it is clearly stated as such on the plat. Commissioner Stephens asked who will be responsible for maintaining the 4” PVC. Jaison Stephen responded that it will be the responsibility of the homeowner. Commissioner Stephens responded that he could see how a homeowner could create headaches for his neighbor. Commissioner Sheridan asked for a better explanation of why this is necessary. Jaison Stephen responded that the area in 1A naturally drains into 1B. Staff wanted that drainage taken underground. It was at the Town’s request that it was done this way. Commissioner Sheridan asked about the elevation differential. Jaison Stephen stated that it ranges from 6-ft. to 2-ft. to zero. Commissioner Sheridan asked if the Town has an ordinance against lot to lot drainage. Tom Rutledge, Town Engineer, stated that drainage from one lot to another (one only) is allowed. Brian Carlock stated that even if one of the inlet systems got clogged up they are designed to pass the water naturally. He stated that if the whole thing plugged up the side yard swales are designed to carry water between the lots to the street. He stated that an engineer always has to consider that if you are passing water from uphill to downhill you have to make sure you design a swale to carry the amount of water that’s projected from the uphill lot. So there is a safety valve built in. 49 Chairman Hill stated that there have been situations in the Town where there is lot to lot drainage but the lots were not developed continuously and one lot sat vacant for a period of time. Then when the vacant lot was developed, the water discharged in different directions and at a different quantity than expected. Mr. Carlock stated that they are grading the entire site for both phases so there shouldn’t be any issues. Tom Rutledge, Town Engineer, explained that we have encouraged them to do this mainly because there are walls that are 4-ft. to 6-ft. high. The upper lot will drain onto the lower lot and if we don’t take this underground there will be water cascading over the retaining wall which can create a maintenance problem with moss growing on the wall or the base of the wall staying wet and the lower property owner is receiving the drainage and there is no way to control it. By putting a system on the uphill side of the retaining wall and then piping it through (it’s really a relatively small amount of water) and then penetrate the curb with it, it was the cleanest way we saw to discharge the water from the upper lot and convey it through to the lower lot. Commissioner Stephens stated that he has a problem where he lives. There was a concrete swale in his backyard but before he bought his house the builder took it out. His neighbors to the east have the concrete swale but the neighbor to the west doesn’t have the swale. He has a copious amount of water that backs into his yard six to eight feet. He lives on a short street. He put in a 6-inch drain to take water from the west to the east to try to cut down the flooding that washes away all of his mulch that stacks up on his neighbor’s fence to the east. Therefore, he is surprised that the engineers say a 4-inch is suitable. Jaison Stephen responded that they will determine what it needs to be but they feel it will be a minimal amount of water. Chairman Hill stated that just this week there was significant flooding to the south of Lot 1 where the Quorum Condominiums are located. The grading that has been done for the neighborhood just to the north of this area has dirt rising 6-ft. above the existing ground level. What effect is this grading and elevation change producing in the water flow through this area and will the resulting berm or retaining wall be stabilized to keep any soils from washing down into that existing channel? Jaison Stephen stated that they did a flood study and what they are proposing does not have any effect on any of the adjacent property owners. The flood study was approved by the Town. The retaining wall will be structurally sound to withstand storms. Chairman Hill stated that his concern is whether or not there is an effect on the drainage channel. It’s not going to divert any water toward the apartments? Jaison Stephen stated that it will have no effect. Commissioner Sheridan asked if there are other items on the plat that need to be corrected based on Jaison Stephen’s earlier comment that they are doing a final proofreading of the plat. Commissioner Sheridan stated that this is the first final plat to come through for this area and he doesn’t want to hear on future plats that additional checking is needed. He wants to know that it is right and checked and approved before it gets to the Planning & Zoning Commission. 50 Mr. Sheridan stated that his biggest concern is traffic. Trophy Club Drive is a 4-lane boulevard and it is only half built. When he heard that this was coming through he expected the 50-ft right-of-way to be part of this plat. It wasn’t. Why? Tom Rutledge explained that the master infrastructure was supposed to be on this agenda and for consideration by the Planning & Zoning Commission prior to their consideration of these neighborhood plats. The master infrastructure includes Trophy Club Drive and portions of Marshall Creek, along with the supporting drainage systems and the water and sewer mains. Those plats were not ready for this meeting but will be presented to the Planning & Zoning Commission at the next meeting and then both will go to the Town Council on July 9, 2007. But, ideally, the master infrastructure, which included the right- of-way, should have been presented first. On future plats, you will see platted and identified right-of-way. Commissioner Sheridan asked about the green belt (Common Area 1). Will that green belt be part of the street plat? The right-of-way plat? Mr. Rutledge responded yes. Commissioner Sheridan asked if it would be 5-ft. Jaison Stephen stated that it is actually 8-ft. Commissioner Sheridan asked if there will be double sidewalks – one in the right-of-way common area 1 and one in front of the houses. Tom Rutledge responded that the plans are consistent with the PD. Commissioner Sheridan asked if the 10-ft. UE on Lot 1 is existing or by plat? Jaison Stephen responded that they will dedicate that by plat. He stated that the sewer line is existing. It was built 10 or 15 years ago but there wasn’t an easement dedicated for that, so it will be shown on this plat. Commissioner Sheridan asked if a correction is needed for other plats for the unrecorded sewer line. Tom Rutledge responded that there are easements being prepared by separate instrument. The Town Attorney is currently reviewing those. Commissioner Sheridan discussed the entrances and exits to Trophy Club Drive from the 14 lots for Phase 1A. He stated that since the median breaks aren’t shown on this plat it’s hard to understand how the residents are going to enter and exit. Mr. Rutledge stated that the slip road in front of the lots is one way going north. Commissioner Sheridan stated that if the residents wanted to go south on Trophy Club Drive, they would have to exit the slip road going north, and make a U-turn at Meadow Ridge to go back southbound. If headed southbound on Trophy Club Drive, to get into the neighborhood it be necessary to go past Durango to Quorum and make a U-turn. Jaison Stephen stated that was correct. Commissioner Sheridan asked if there is anything in this plat that is in the floodplain. Jaison Stephen responded that there is nothing in this plat that is in the floodplain. Commissioner Sheridan asked how close the floodplain is to open space 1, Block A. Jaison Stephen stated that it is south of Quorum. It picks up roughly around Lots 30 and 31 of Phase 1B. Commissioner Sheridan asked if the Town has an ordinance that 51 requires a finished floor elevation if a lot is near a floodplain. Mr. Rutledge responded that it is required to set minimum finished flood elevations when there is floodplain on the property or if there is platting adjacent to it. He stated that they would be required to dedicate any appropriate easements in that case. Commissioner Sheridan stated that for Phase 1A it has already been stated that there is no adjacent floodplain and there isn’t a 6-inch variance from top of floodplain to topo; it’s reasonable. Mr. Stephen confirmed. As there were no further questions, the Chairman called for a motion. Motion: Commissioner Sheridan motioned to approve with the correction noted earlier by Chairman Hill that the 10-ft. utility easement be aligned property between lots 10 and 11 of Phase 1A and lots 19 and 20 of Phase 1B. Second: Stephens Ayes: Hill, Sanchez, Sheridan, Stephens, Reed, Ashby Action: 6-0, Approved Motion carried. 52 53 54 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas to approve a Final Plat of 178 Residential Lots and 11 Common Areas, The Highlands at Trophy Club Neighborhoods 3 & 4, Phase 1B (69.753 acres) (located on the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium Property). FP-07-015 Final Plat for The Highlands at Trophy Club Neighborhoods 3 and 4, Phase 1B. A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement between K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas for The Highlands at Trophy Club Neighborhoods 3 & 4, specifically Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B. APPLICANT: Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, TX 75247 OWNER: K. Hovnanian Homes-DFW, L.L.C. 5808 W. Plano Parkway Plano, TX 75093 Standard Pacific of Texas, L.P. 6333 N. Highway 161, Suite 350 Irving, TX 75038 EXISTING CONDITION OF THE PROPERTY: This property is part of the 696.6 acre tract of land rezoned and approved as PD-27 by the Town Council. A preliminary plat for Neighborhoods 3 & 4, consisting of 147.509 acres of land was recommended for approval by the Planning & Zoning Commission on January 4, 2007, and was approved by Town Council on January 22, 2007. 55 ADJACENT ZONING/EXISTING LAND USES: North: Vacant, Part of PD-27, planned to eventually be Neighborhood 2. A Final Plat for Neighborhood 2 has not yet been brought forward for your consideration. South: A common area is planned for immediately south of this property but is not part of this plat, with the Quorum Condominiums (PD-11) immediately south of the common area. East: PD-27, Neighborhoods 3 & 4, to be considered by the Planning & Zoning Commission as a separate item on this agenda. West: PD-15, The Lakes Addition. STAFF RECOMMENDATION: Staff and the Town Engineer have reviewed these plats and determined that they comply with the Comprehensive Zoning Ordinance, Comprehensive Land Use Plan, and Subdivision Regulations. Staff recommends approval. P&Z RECOMMENDATION: The Planning & Zoning Commission unanimously (6-0) recommended approval of this request with the stipulations that the side building lines be shown for Lot 58 [Block A] and Lot 1, Block E adjacent to common area 9; that common area 9 be identified as such on Sheet 2 at the match line; and that the 10-ft. utility easement be aligned property between lots 10 and 11 of Phase 1A and lots 19 and 20 of Phase 1B. The stipulations have been met. 56 57 58 EXCERPT FROM PLANNING & ZONING COMMISSION MINUTES JUNE 21, 2007 FP-07-015 FINAL PLAT FOR THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOODS 3 & 4, PHASE 1B. CONSIDERATION OF A REQUEST FROM CARTER & BURGESS, INC. ON BEHALF OF K. HOVNANIAN HOMES-DFW, L.L.C. AND STANDARD PACIFIC OF TEXAS, L.P. TO APPROVE A FINAL PLAT OF 178 RESIDENTIAL LOTS AND 11 COMMON AREAS, THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOODS 3 & 4, PHASE 1B (69.753 ACRES) (LOCATED ON THE EAST SIDE OF TROPHY CLUB DRIVE ADJACENT TO DURANGO DRIVE AND NORTH OF THE QUORUM CONDOMINIUM PROPERTY). Carolyn Huggins distributed a memo from Innovative Transportation Solutions (ITS), the firm that reviewed the traffic impact analysis (TIA) for The Highlands. ITS reviewed the plats for Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B and found no significant traffic impact at this time. Scott Booth and Dean Stuller, both from ITS, were present. Mr. Booth stated that with 192 single family units, the trip generation over a 24-hour period corresponds to approximately 1840 trips per day, with 919 outbound and those same vehicles returning within a 24-hour period. He then reviewed the memo that was distributed to the Commissioners. He summarized that Phase 1A and 1B fall within Stage 1 of the original TIA document prepared by Carter & Burgess. Chairman Hill asked if the main flow would be headed southbound adding to the jam at Trophy Lake Drive and Trophy Club Drive that feeds onto 114. Mr. Booth responded that about 60% of the trips would be going south, but there would be a distribution -- some will travel to the north and some will ultimately exit to go west. He stated that in the original TIA document, Carter & Burgess prepared a trip distribution which ITS reviewed and approved. Chairman Hill stated that in August 2009 some classes will begin at the high school which will have a significant traffic impact on the town. He asked Mr. Rutledge if there would be a road leading north along the west side of the high school property which will cut over to 377. Mr. Rutledge responded that Carter & Burgess, along with the Town of Roanoke, Marshall Creek, Denton County and Northwest ISD have been meeting bimonthly to coordinate the alignment of that road, along with cost sharing. The design of that road should begin shortly. Commissioner Ashby asked if that road construction will coincide with the construction of the high school. Mr. Rutledge responded that the road must be completed before the high school opens. He stated that he has reviewed the plans and plat for the high school and will be sending comments to their engineer this week which includes the comment that the high school construction is dependent upon the timing of the road. 59 Chairman Hill asked if that will result in the realignment of some of the Marshall Creek intersections in the vicinity of the Roanoke, Marshall Creek, and Trophy Club boundaries. Mr. Rutledge confirmed. Commissioner Stephens asked if Parkview would be realigned in this process. Mr. Rutledge confirmed. Chairman Hill stated that Lot 58 does not show a side building line. Jaison Stephen responded that it would be 10-ft. Chairman Hill stated that common area 9 is not identified as a carryover from the match line of page 1. He asked that it be corrected. Chairman Hill stated that Lot 1, Block E, adjacent to common area 9, does not show a side building line. Jaison Stephen responded that it would be 10-ft. Chairman Hill stated that in Block F, between Lots 14 & 15 there is a PDE from Edinburgh Avenue to the golf course. He asked which direction the drainage would go. Jaison Stephen responded that it would drain to the golf course. Chairman Hill asked if they have worked that out with the golf course. Mr. Stephen responded that whatever is naturally going onto the golf course, they are keeping that same pattern. Chairman Hill stated that in Block J, where Sterling Avenue intersects Galloway Boulevard, Lots 1, 2, 16 and 17 have a 10-ft. utility easement that makes a Z-pattern. Why? Jaison Stephen stated that the franchisee utility company decided on that design. Commissioners Stephens, Reed, Ashby and Sanchez had no questions. Commissioner Sheridan asked if the common areas will be maintained by declaration and covenants or by the PID. Jaison Stephen stated that they are private by covenant. As there were no other comments or questions, the Chairman called for a motion. Motion: Commissioner Sheridan motioned to approve with the corrections that side building lines be shown for Lot 58 and Lot 1, Block E adjacent to common area 9; that common area 9 be identified as such on Sheet 2 at the match line; and that the 10-ft. utility easement be aligned property between lots 10 and 11 of Phase 1A and lots 19 and 20 of Phase 1B. Second: Reed Ayes: Hill, Sanchez, Sheridan, Stephens, Reed, Ashby Action: 6-0, Approved Motion carried. 60 61 62 63 64 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.4 Discuss and receive input regarding a draft service and assessment plan for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club.) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.None 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.5 Discuss and Receive report from staff regarding recent flood events, update on disaster recovery and actions taken. EXPLANATION: The purpose of this item is to provide an update on the clean-up and relief efforts for those affected by the recent flooding. Declaration FEMA-1709-DR was signed by the president on June 29th. Local, County and FEMA assessment teams met on June 30th to review the process and to map the effected areas. On Sunday July 1st a team from FEMA started hanging flyers and making contact with victims. The Town of Trophy will host a Town Hall meeting Town Hall Meeting on Tuesday, July 10th at 7:00 PM in Council Chambers to discuss and answer questions regarding the FEMA Disaster Assistance Program. RECOMMENDATION: ACTION BY COUNCIL: No Action Necessary (bse) Attachments: 1. Drainage Guidelines 2. Declaration FEMA-1709-DR 3. June 18th Flood Activity Report 66 67 68 69 70 71 72 73 74 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.6 Discuss and receive input regarding the selection of a firm to perform the needs assessment as outlined in the RFP/RFQ for a Needs Assessment for a new Police facility and to authorize the Town Manager to begin the negotiation of a contract as provided in the Town's purchasing policies. EXPLANATION: Mr. George Gearner of the Public Safety Committee has said that he would address the Council regarding the Public Safety Committee’s position. RECOMMENDATION: ACTION BY COUNCIL: (sk) Attachments: 1. Results Memo 2. Replacement Building Memo 75 MEMORANDUM To: Mayor, Council,Town Manager Date: June 29, 2007 From: Chief Kniffen Re: RFP/RFQ In May, Council approved a Request for Proposal/Request for Qualifications (RFP/RFQ) document for a needs assessment study. The memo regarding the RFP/RFQ is attached. Two firms, Brinkley Sargent Architects and Hahnfeld Hoffer Stanford, responded to the RFP/RFQ. Both of these firms responded with lengthy documents outlining their qualifications, past customers, and proposal for completing this needs assessment. The Town Secretary has original documents from these firms. A committee consisting of Sakura Dedrick, Patricia Adams, and I met and discussed the proposal documents. Mr. George Gearner of the Public Safety Committee received a copy of the documents and has also reviewed them. Attached you will find responses from each reviewer. I contacted two Chiefs of Police who have had dealings with Brinkley Sargent Architects (BSA). These Chiefs indicated that BSA has a reputation as the best architect firm in dealing with planning, designing, and building police facilities. One Chief, from DeSoto, indicated that, if BSA is selected, the town will need to appoint a project manager independent of BSA. Both agreed that BSA’s needs assessment, design, and construction of their facilities provided sufficient space for their anticipated growth. BSA provided a graphic analysis that indicated that they has provided needs assessment, master planning, and design for 20 different cities. The Town has experience with Hahnfeld, Hoffer, Stanford in other projects. Their documentation provided 14 references in the municipal area. Four were in Trophy Club. Of the 14 references, four were police/court/public safety buildings. Their documentation indicated that one of these four has been built. In order to move forward with this needs assessment, Council will need to select a firm from the two that responded and authorize someone to negotiate the contract with that firm. The results of our evaluation of these two proposals is shown below. 76 Response/Scoring – Sakura Dedrick Rating Sheet for RFP’s for Police Department Needs Assessment Hahnfeld Hoffer Stanford “H-H-S” Brinkley Sargent Architects “B-S-A” Criteria 1,5,7: Total 10% H-H-S B-S-A Question 7 4 4 Question 9 3 3 Question 10 3 3 Total: 10 10 Criteria 2,3,4 Total 50% H-H-S B-S-A Question 1 3 5 Question 2 10 10 Question 3 5 10 Question 4 5 10 Question 6 5 5 Question 8 5 5 Total: 33 45 Criteria 6 Total 15% H-H-S B-S-A Question 5 10 15 Total: 10 15 Criteria 8 Total 25% H-H-S B-S-A Question 11 25 20 Total: 25 20 H-H-S B-S-A Cumulative Totals: 78 90 77 Response/Scoring – Patricia Adams Rating Sheet for RFP’s for Police Department Needs Assessment Hahnfeld Hoffer Stanford “H-H-S” Brinkley Sargent Architects “B-S-A” Criteria 1,5,7: Total 10% H-H-S B-S-A Question 7 3 4 Question 9 3 3 Question 10 3 3 Total: 9 10 Criteria 2,3,4 Total 50% H-H-S B-S-A Question 1 1 3 Question 2 10 10 Question 3 10 10 Question 4 2 10 Question 6 3 6 Question 8 5 5 Total: 31 44 Criteria 6 Total 15% H-H-S B-S-A Question 5 15 15 Total: 15 15 Criteria 8 Total 25% H-H-S B-S-A Question 11 25 20 Total: 25 20 H-H-S B-S-A Cumulative Totals: 80 89 78 Response/Scoring – Scott Kniffen Rating Sheet for RFP’s for Police Department Needs Assessment Hahnfeld Hoffer Stanford “H-H-S” Brinkley Sargent Architects “B-S-A” Criteria 1,5,7: Total 10% H-H-S B-S-A Question 7 3 4 Question 9 3 3 Question 10 3 3 Total: 8 10 Criteria 2,3,4 Total 50% H-H-S B-S-A Question 1 1 3 Question 2 10 10 Question 3 10 10 Question 4 2 10 Question 6 3 6 Question 8 5 5 Total: 30 45 Criteria 6 Total 15% H-H-S B-S-A Question 5 15 15 Total: 15 15 Criteria 8 Total 25% H-H-S B-S-A Question 11 25 20 Total: 25 20 H-H-S B-S-A Cumulative Totals: 78 90 79 MEMORANDUM To: Mayor, Council, and Town Manager Date: May 8, 2007 From: Chief Kniffen Re: Police building Replacement of the police facility is one of the primary issues facing us. The building has served well past its expected lifespan and it appears that it will have to serve for several more years. The facility is actually five modular buildings bolted together into one building with a brick façade. The foundation is not a concrete slab and, I suspect, is not quite pier and beam either. The floor is plywood or particle board, depending on what the manufacturer used at the time. The floor has buckled in numerous places and we recently had to trim two doors to fit over the swelling flooring. Last fiscal year, emergency repairs were required to replace a leaking roof. This fiscal year we have had to work on the air condition and heating equipment however we are instituting a maintenance program may hold major repairs or replacement at bay for a while. Advance planning of the replacement of this facility is imperative if it is to be a successful project. With that in mind, Patricia Adams and I have prepared a Request for Proposal and Request for Qualifications for a Needs Assessment. The needs assessment would give us a clear idea of what the department would need in a facility expected to last 20 or more years and would be conducted by a company with experience in this sort of evaluation. I would like to undertake the needs assessment in FY 07-08. In order to budget accurately for this assessment, we will need to fully develop the RFP/RFQ, send it to the appropriate firms for preparation, receive and evaluate the responses, and select a firm to accomplish this assessment. The cost associated with these steps would be minimal. The firm that was selected would tell us what the needs assessment would cost and this could be funded for and conducted in FY 07- 08. After the needs assessment is completed, the design and engineering phase could be undertaken. This phase could be budgeted for FY 08-09. 80 During FY 07-08, then, we would need to identify the firm we will use to undertake this phase and receive a quote for this phase to put into the budget for FY 08-09. With that information we could develop or identify specific funding methods and budget to build the facility in FY 09-10. Issues Part of the needs assessment would be identifying the location for the building. I am not fully versed in the various locations that have been discussed previously but I like the idea of all of the town offices being close to one another. Given the space constraints this may not be possible but it should be considered. With the extensive uses of technology this should not be the only location considered. Another issue is whether or not to include the municipal court room and court clerks offices in the same building. There are valid arguments for and against this. Yet another issue is whether or not to include an Emergency Operations Center (EOC) in the police facility. The town currently uses the council chambers as the EOC and I can tell you from experience that this is not the optimum situation. In an emergency people will frequently come to town hall. Having the EOC at town hall presents a number of problems. The staff members staffing the EOC will have to deal with all the issues relating to the emergency as well as trying to answer questions, assist, or shelter people who come to town hall. It is always best to have an EOC separate from a shelter to avoid, among other things, interference with emergency operations. Chief Thomas has advised that he intends to configure the conference room in the Fire Department addition to serve this purpose so that issue may be resolved. Schedule FY 06-07 Develop the RFP Needs Assessment document Solicit input from appropriate firms Receive and evaluate the responses Select a firm to accomplish the assessment 81 Budget for the Needs Assessment to be accomplished in FY 07-08 Work on developing or identifying funding sources FY 07-08 Have the Needs Assessment done Determine if the firm doing the Needs Assessment will be doing the design and engineering work or develop a RFP/RFQ for this phase and select a firm Budget for this phase of the project to be accomplished in FY 08-09 Continue to work on developing or identifying funding sources FY 08-09 Continue to work on developing or identifying funding sources Determine if the firm doing the design and engineering work will be doing the construction or develop a RFP/RFQ for this phase and select a firm. Budget for construction to be accomplished in FY 09-10 FY 09-10 Build 82 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.7 Discuss and take appropriate action to approve financials and variance report dated May 2007. EXPLANATION: Financials are sent out via email and included on Council disk along with Variance Report. RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. None 83 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.8 Discuss and take appropriate action regarding a Resolution authorizing Intervention in PUC proceeding dealing with the acquisition of TXU/ONCOR and authorizing participation in a Coalition of Municipalities, Public Entities, and Commercial Customers known as Alliance of TXU/ONCOR Customers EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Information Memorandum 2. Resolution 84 INTERVENTION IN PUC PROCEEDING DEALING WITH ACQUISITION OF TXU/ONCOR DESCRIPTION On February 26, 2007, it was announced that private equity funds, primarily Kohlberg Kravis Roberts & Co. (“KKR”) and Texas Pacific Group (“TPG”), had entered into an agreement to purchase TXU Corp. for $45 billion. After first denying the P.U.C. had any authority to review the acquisition, during the first week of March, TXU/KKR agreed to file an application seeking a “public interest” determination regarding the transaction. The purchase of TXU Corp. is a leveraged buyout. Of the $45 billion purchase price, approximately $37 billion is debt! TXU had only $13 billion in debt prior to the buyout. NOTIFICATION TO REDUCE RATES In March, the Staff of the P.U.C. notified TXU/Oncor that it was over-earning by $80 million. TXU/Oncor has made no commitment to reduce rates. The only commitment to reduce rates has been by TXU Corp.’s electric service provider, but there has been no such commitment made by the wires company (“TXU/Oncor”). TXU/ONCOR FILE AT PUC On April 25, 2007 TXU/Oncor and Texas Energy Future Holdings, L.P. (“TEF”) filed at the PUC a request to have the Commission declare the buyout of TXU/Oncor to be in the public interest. Discovery has already begun in this proceeding. Testimony will need to be filed by intervenors in July. CONCERNS There are a number of very serious concerns raised by the acquisition of TXU/Oncor. Some of the concerns are set forth below: Will ratepayers be hurt by the three-fold increase in debt? Will the downrating of TXU securities add to the costs which must be absorbed by TXU/Oncor customers? Will the cancellation of proposed power plants cause rates to increase for customers located in the TXU/Oncor service territory? Will service and reliability be impaired for TXU/Oncor customers due to the new organizational structure or the downsizing of the TXU/Oncor workforce? 85 Will the addition of energy efficiency and energy renewal programs be subsidized unfairly by any group of customers? FUNDING The funding by municipalities is nominal. For cities whose population is in excess of 5,000, the fee is $200; and for cities whose population is less than 5,000, the fee is $100. EXPECTATIONS Based upon prior acquisitions, one should expect additional commitments to be made by TXU/Oncor before this transaction can be deemed to be in the public interest, like a reduction in transmission and distribution rates, service and reliability assurances, and fair distribution of energy renewal and energy efficiency benefits. TIME IS OF THE ESSENCE This is the largest private equity transaction ever announced. The proceeding is not expected to take longer than 180 days. Pre-filed testimony is likely due in July. All discovery will have to be completed prior to that date. Broad participation will increase the ability to be an effective intervenor. COALITION The Alliance of TXU/Oncor Customer is composed of municipalities, other public entities and commercial customers. The broad scope of the group, based upon diverse experiences, will provide support for a sophisticated and thoughtful steering committee in terms of setting goals and objectives to be achieved in P.U.C. Docket No. 34077. 86 RESOLUTION NO. 2007- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING INTERVENTION IN THE PUBLIC UTILITY COMMISSION PROCEEDING, TRANSFERRING THE OWNERSHIP OF TXU/ONCOR, DOCKET NO. 34077; AUTHORIZING PARTICIPATION IN A COALITION OF MUNICIPALITIES, PUBLIC ENTITIES AND COMMERCIAL CUSTOMERS KNOWN AS THE ALLIANCE OF TXU/ONCOR CUSTOMERS (“ATOC”); PROVIDING FOR THE RETENTION OF LEGAL EXPERTS; PROVIDING FOR NOMINAL FUNDING; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, On February 26, 2007, a proposed buyout of TXU Corp. was announced. The potential purchasers are several equity firms, including Kohlberg Kravis Roberts & Co. (“KKR”) and Texas Pacific Group (“TPG”). The purchase price has been announced as $45 billion. WHEREAS, on April 25, 2007, a filing was made with the Public Utility Commission by Oncor Electric Delivery Company, formerly known as TXU Electric Delivery Company (hereinafter referred to as “TXU/Oncor”) and Texas Energy Future Holdings L.P. (“TEF”) for a declaration that the acquisition of TXU/Oncor is in the public interest. WHEREAS, the applicants have claimed that the transaction is in the public interest, in part, due to a commitment not to seek TCEQ permits for 8 coal-fired generating stations and a 10% reduction in price for TXU Energy, an Affiliate Retail Electric Provider (“A-REP”), for customers who have not chosen an alternative electric service plan since the advent of retail competition. WHEREAS, the validity and value of the foregoing commitments are not beyond question; WHEREAS, the Staff of the PUC reported in March 2007 that TXU/Oncor was over-earning by approximately $80 million. WHEREAS, TXU/Oncor has not committed to any reduction in distribution rates; WHEREAS, there is genuine concern about the impact of the leveraged buyout by KKR and TPG on the rates of electric customers who reside within the service territory of TXU/Oncor; 87 WHEREAS, the purchase of TXU Corp. by KKR/TPG is the largest leveraged buyout by private equity funds; WHEREAS, a public interest determination of TXU/Oncor buyout requires specialized expertise of lawyers and financial analysts; and WHEREAS, by forming a coalition with other public entities and commercial customers, it will be possible to review the TXU/Oncor buyout in a more efficient and complete manner. NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. That the Town is authorized to join with other municipalities, public entities and commercial customers in order to form and participate in the Alliance of TXU/Oncor Customers (“ATOC”), to form a steering committee to provide direction and guidance to legal experts. Section 3. That the Town authorizes the law firm of Herrera & Boyle, PLLC and Michael Pichinson of the Public Power Pool/Association Power to act on behalf of the Town and ATOC in PUC Docket No. 34077. Section 4. That the Town authorizes the payment of an amount not to exceed $200.00 to the law firm of Herrera & Boyle, PLLC to act on behalf of the Town as a participant in ATOC. Section 5. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this 9th day of July, 2007. ________________________________ Mayor, Nick Sanders ATTEST: __________________________________ Town Secretary, Lisa Ramsey 88 APPROVED AS TO FORM: _________________________________ Town Attorney, Patricia Adams 89 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.9 Discuss and take appropriate action appointing two Council members to serve on MUD/Town Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. EXPLANATION: At the June 18, 2007 meeting, Council requested this item be brought back as an item allowing Council member Edstrom to withdraw and appointing two members to serve on this task force. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.Insert of Minutes from the June 18, 2007 90 C.3 Discuss and take appropriate action appointing one Council member to serve on the MUD/Town Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. Mayor Sanders explained that Council member Edstrom was appointed at the June 4th meeting and Council members Cates and Wilson tied. Council member Sterling was absent from the June 4th meeting and Mayor Sanders requested this item come back tonight so that he would have the opportunity to vote. Both Council members Cates and Wilson would like to volunteer. Motion made by Moss to appoint Wilson as the second member, seconded by Wilson. Council member Edstrom asked that her name be withdrawn and that Council members Cates and Wilson be appointed as she would prefer to serve on the Charter review task force. Edstrom added that during the election she was assured this group would work together and in order to ensure this happens, respectfully withdrew her appointment. Town Attorney Patricia Adams advised the posting is only to appoint one member. Council member Moss withdrew his motion, the second agreed. Mayor Sanders said this item would come back at the next meeting. Motion made by Moss to appoint Wilson and Cates, seconded by Wilson. Council member Wilson said she has specific interest in this task force base on constituent’s requests. Council member Sterling asked Council member Wilson her goals and objectives for the task force. Wilson feels she has a lot to offer with her availability and negotiating ability with a contentious issue. Council member Edstrom clarified she did not withdraw for complicity and respectfully requested this item be addressed at the next meeting. Council member Moss withdrew his motion, the second agreed. An item allowing Council member Edstrom to withdraw and appointing two members will be addressed at the next council meeting. 91 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.11 Discuss and take appropriate action to approve Minutes dated, June 4, 2007. EXPLANATION: Council member Sterling was absent. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated June 4, 2007 92 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 4, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 4, 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 Jim Moss Council Elect Kathleen Wilson Council Elect TOWN COUNCIL MEMBERS ABSENT: 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 Sakura Moten-Dedrick Finance Director Danny Thomas Fire Chief Mike Pastor IS Director Adam Adams Parks and Recreation Director Carolyn Huggins Planning Coordinator Scott Kniffen Police Chief A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present and announced the absence of both Council members Sterling and Lamont. A.2 Pastor Barry Clingan with the Church at Trophy Lakes gave the Invocation. A.3 Quinn Reckmeyer, Troop 368 led the Pledges. A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Quinn Reckmeyer/Trophy Club Boy Scout Troop 328, and congratulating him on his achievement of the Eagle Scout Award. Mayor Sanders read the Proclamation and introduced Quinn Reckmeyer. Motion made by Edstrom, seconded by Williams to approve the Proclamation. Motion passed unanimously. A.5 Citizen presentations: 93 Carol Ann Fleck, 211 Oakmont Drive – Told the Council she is upset that the residents are not being informed of the crime in Town and said that the Council is responsible for keeping them updated. John Tabor, 505 Indian Creek Drive - Addressed the Council regarding several lengthy TXU power outages that have occurred over a six week-period in the area of Indian Creek, Pebble Beach, Phoenix Drive and Shields Court. Mr. Tabor said that he receives a different story from TXU when he contacts them about the outages and sought Council’s help resolving this issue. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 7:12 P.M. B.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(1) "Personnel Matters" the Council will enter into executive session to discuss the following: A. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act. (1) Discuss evaluation/performance review of Town Attorney Patricia Adams. (2) Discuss evaluation/performance review of Town Secretary Lisa Ramsey. No action taken as Council reconvened into Regular Session at 7:49 P.M. TOWN COUNCIL RECONVENE INTO REGULAR SESSION *REGULAR SESSION C.1 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of Certificate of Election to the Mayor and Incoming Council Members. Mayor Sanders presented a gift to Mayor Pro Tem Roger Williams and thanked him for his six years of service on the Council and the many other years and ways he has served the Town. Mayor Pro Tem Williams thanked everyone who supported him and congratulated both Jim Moss and Kathleen Wilson on the election. Williams appreciated the opportunity to serve six years on the Council and would be willing to work with the town in the future. Council member Lamont was absent from this meeting and Town Manager Emmons read his outgoing comments. Honorable Mark Chambers congratulated each candidate and administered the Oath of Office and Statement of Elected Official to Council Elects; Jim Moss and Kathleen Wilson and Mayor Nick Sanders. All three were presented with a Certificate of Election. C.2 Opening remarks by Mayor Sanders to outgoing Council members and incoming Council members and comments from and to outgoing Council members. Mayor Sanders acknowledged Mayor Pro Tem Roger Williams for his six years of service on the Council and thanked Council member Greg Lamont for his term served on Town Council. Jim Moss thanked Neil and Pauline Twomey for their perseverance and dedication with his campaign support. Moss acknowledged Kathleen Wilson who also supported him through the campaign. Kathleen Wilson thanked all of the volunteers for their support and added that she learned how great Trophy Club is by going door to door. 94 C.3 Discuss and take appropriate action on a request for Final Plat approval for Lots 1, 2, and 3, Block A, Golf Maintenance Facility Addition, being 4.038 acres of land located in the Mary Medlin Survey, Abstract 832. Applicant: Beck Properties Trophy Club, L.P. (FP-07-020) Mayor Sanders acknowledged George Ballans and Scott Beck. Planning and Zoning Chairman, Gene Hill said the revised engineering plans were reviewed and approved by TNP on May 29, 2007, and Staff recommends approval of the Final Plat for the Golf Maintenance Facility Addition. Town Manager Emmons clarified this item was tabled at the May 21st Town Council meeting as the civils had not yet been approved by the engineers. The plans have now been approved by both engineering and staff. Motion made by Moss, seconded by Cates to approve. Motion passed unanimously without further discussion. Mayor Sanders encouraged Scott Beck to finish the parkland dedication from December and to return the documentation with his signature. C.4 Discuss and take appropriate action relative to Final Plat approval of an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (FP-07-011) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Mayor Sanders noted that this item died for a lack of action at the May 21st meeting as staff had not yet received the letter from the CORP. Town Manager Emmons added the Town and MUDs are still working with the CORP for a recommendation for designated discharge for sanitary sewage. Planning and Zoning Chairman, Gene Hill recommended certain stipulations at the May 21st Town Council meeting regarding the sewer lines and requested the Council table the item until the documentation was inline. Item died for lack of action. C.5 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. Mayor Sanders acknowledged Todd Price and said this item was referred at the May 21st meeting as Council wanted a better understanding of Mr. Price’s offer. Town Manager Emmons explained the parkland ordinance and provisions and said based upon this methodology, the Developer of Churchill Downs would owe $57,670 that would be paid as money in lieu of parkland dedication. That cost calculation is based upon the following: 35 Dwelling units require a Park Land turnover of .79 acres. Using the land purchase price of $73,000.00 per acre would require the developer to pay $57,670.00 in monies in lieu of land. Item died for lack of action. C.6 Discuss and take appropriate action regarding a resolution authorizing participation in various cooperative purchasing programs as provided by the Town's Procurement Policies and Procedures. 95 Town Manager Emmons explained the Resolution which allows the Town to utilize cooperative purchasing programs with the approval of Town Council. Purchases made through an approved Cooperative Purchasing Program satisfy state law competitive bid requirements and allow purchases with more purchasing power. Council member Cates asked the cost of each organization. Town Manager Emmons responded that most range from ½% to 2% on the total cost. Finance Director Sakura Dedrick added US General Services Administration (GSA) is the only new organization. Motion made by Edstrom, seconded by Moss to approve. Motion passed unanimously without further discussion. C.7 Discuss and take appropriate action amending Resolution 2006-24 by amending to appoint one Town Council member to one liaison seat on Economic Development Corporation 4A for the remainder of the unexpired term expiring in September 2007. Mayor Sanders advised Council member Edstrom has requested that another member be appointed due to her travel/work schedule. Council member Cates nominated Council member Moss. Council member Wilson feels Council liaisons’ impede the work of the Board. Council member Edstrom said the Board will not have a problem speaking freely regardless of who is there and believes the liaison helps communicate Council’s direction. Council member Cates feels the liaison is a very important role. Mayor Sanders said the intent of the liaison position was to start a dialog between the Board and Council; to date there has not been any complaints. Motion passed unanimously without further discussion to appoint Jim Moss. C.8 Discuss and take appropriate action regarding the regularly scheduled Town Council meetings for July. Town Manager Emmons said the Council did not indicate any conflicts with moving the July meetings. Motion made by Moss, seconded by Edstrom to move the July 2nd and 16th to July 9th and July 23rd. Council member Edstrom is not in favor of Council meeting on holiday weeks. Motion passed unanimously without further discussion. C.9 Discuss and take appropriate action regarding the creation of a MUD/Town Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. a. Appointment of Council members to serve on the Task Force b. Discuss the use of the PID annual supplemental assessment. Mayor Sanders said he requested that this item be placed on the Agenda, as former Mayor Pro Tem Williams and Council member Lamont previously represented the group. Sanders feels there are still discussions that need to occur between the MUDs and Town, regarding the Water Wastewater Contract and the PID and the Fire Department which can be easier accomplished in a Task Force meeting. 96 Council members Edstrom, Cates and Wilson volunteered to serve on this Task Force. Mayor Sanders indicated that the names of the three would be received as nominations and would proceed to vote for each person in the order that volunteered. The vote to appoint Edstrom passed 4:0. The vote to appoint Cates tied 2:2, with Edstrom and Cates voting for. The vote to appoint Wilson tied 2:2, with Moss and Wilson voting for. Mayor Sanders announced the appointment of Council member Edstrom and requested this item come back on the June 18, 2007 meeting so that Council member Sterling would have the opportunity to vote. Council member Moss is uncomfortable voting against a fellow member and would rather that one withdraw. Mayor Sanders said the vote is not considered as favoritism but rather who has the time to serve as the meetings are mainly during the business hours. Council member Wilson sincerely respects Council member Cates, but is truly interested in serving. C.10 Staff to provide an update and receive Council input regarding negotiations with the MUDs relative to the contract to provide water and wastewater to the Town and related operational services to be provided by the MUDs Town Manager Emmons provided the determination by the Master District several months ago was for the contract to be handled by Legal Counsel representing all Trophy Club Governmental Entities. It was the understanding of two of the Entities that the direction given to the Attorneys was for them to formulate two contracts; concerning the operation and services commodity contract and the other dealing with the cash buy in/settlement paid by the developer to the MUDs. Town Attorney Patricia Adams has forwarded a copy of the contract to the MUDs Attorney for review and it will be presented to the Council once in good form. Mayor Sanders said the Task Force previously identified items for the attorney to put into the contract and he feels two contracts are appropriate. The intent is for the contract to come back to the task force prior to being presented to the Town Council. Mayor Sanders acknowledged MUD Directors Henry and Hase. No action taken. C.11 Items for Future Agenda. Mayor Sanders said this list is to keep the citizens informed of items coming on future meeting agendas. Council member Cates would like to discuss authorization and spending levels. Council member Moss would like to discuss political signs. Mayor Sanders said two items came up in the May Election; there was some confusion on how far a sign could be from the curb, and what constituted a multi facet sign. C.12 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. a) Report or periodic, internal audits of procedures as related to procurement policies, journal entries and the travel and training policies by Council member Cates. b) Town Manager Report. Mayor Sanders commented to the signs and speed limit on Trophy Club Drive. Town Manager Emmons addressed the safety issue; the crews are taking down trees as they are encroaching in the right of way and some of the large vehicles were running into the tree limbs. The tree limbs will be replaced with a variety that is more water wise and that will cause less damage to the streets. 97 Mayor Sanders questioned the NNO message on the marquees. Town Manager Emmons explained NNO is National Night Out. Council member Cates updated that the previously identified issues with procurement purchases been rectified and she is still working through authorization issues. Cates would like to work with Town Manager Emmons prior to comments on the Journal Entries and suggested additional staff be added to ensure the proper controls. TOWN COUNCIL RECONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 9:16 P.M. D.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to discuss the following: A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public officer: (1) Appointment of Mayor Pro Tem. TOWN COUNCIL RECONVENED INTO REGULAR SESSION. *REGULAR SESSION Council reconvened into Regular Session at 10:21 P.M. D.2 Discuss and take appropriate action relative to Executive Session Item Number D.1. Motion made by Cates to appoint Susan Edstrom as Mayor Por Tem; seconded by Edstrom. Council member Cates nominated Edstrom as the most senior Council member and feels with the serious decisions facing the Town, Edstrom is the most experienced and will do a good job. Wilson made a motion to amend the original motion to appoint Jim Moss, motion seconded by Moss. Council member Wilson acknowledged that the Town is facing some serious decisions and due to availability, feels Council member Moss would be the appropriate choice. Motion to amend tied 2:2, with Council members Wilson and Moss voting in favor. Mayor Sanders called for the vote again, Motion to amend tied 2:2, with Council members Wilson and Moss voting in favor. The amendment did not pass. The motion to appoint Edstrom as Mayor Pro Tem tied 2:2, with Council members Edstrom and Cates voting in favor Mayor Sanders did not vote as he prefers for the appointment to be made by the Council upon Council member Sterling’s return. Sanders asked that this item come back on the June 18, 2007 meeting. E.1 Adjourn. Motion made by Edstrom, seconded by Cates to adjourn. Meeting adjourned at 10:28 p.m. 98 _____________________________________ ______________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 99 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.11 Discuss and take appropriate action regarding a Proposal to enter into an agreement with Connect-CTY Service. EXPLANATION: The Connect-CTY service allows civic leaders to send personalized messages (voice, text and e-mail) to thousands of people in minutes without having to invest in or maintain hardware, software, or additional phone lines with unlimited use by all departments for one annual fee. It is a fully-hosted, fully managed Application Service Provider (ASP) solution. In the event of local disruptions, such as floods, wildfires, water restrictions, water main breaks or power outages, the ability to provide leadership remains intact, with the capacity to send timely notifications to targeted constituents and staff members using just a telephone. One, cost-efficient investment allows all key departments to use the Connect-CTY service for just pennies per day: • Notify your staff and your community with just a telephone • Unlimited use by all departments for one annual fee • Fully hosted ASP – no maintenance required • Residential/business phone numbers provided and updated with monthly data cleansing so information is always current • Proven, cost-effective, easy-to-use technology • Geo-Calling feature lets you target recipients using a map, from one household to your entire community. • Over 100 million time-sensitive voice messages sent yearly • Call routing, throttling, and load balancing expertise to ensure that calls are delivered quickly and efficiently • Secure access from any location, anytime you need it • Dedicated 24/7 Client Care support for all users • Message delivery tracking with comprehensive reports • Geographically dispersed data centers and redundant Telco providers and delivery mechanisms ensure maximum up-time 100 RECOMMENDATION: Staff recommends stub purchase of $1,524 for the remainder of this fiscal year. ACTION BY COUNCIL: (bse) Attachments: 1. Proposal 101 Connect-CTY Service Proposal Prepared for Trophy Club, TX About Our Company: The NTI Group, Inc. (NTI) is pleased to present our Connect-CTY™ service to Trophy Club, TX. The Connect-CTY service is a fully-hosted Application Service Provider (ASP) specifically designed by NTI for the municipality market as a Mass Notification System. Connect-CTY is one in a series of several successful Mass Notification Systems created by NTI. For more than 6 years, NTI has demonstrated superior experience operating as an Application Service Provider (ASP), sending time-sensitive mass notifications through our web-based, fully hosted system. Our main business activity is to enable leadership of governmental entities to send time-sensitive voice and text notifications to their populace quickly and efficiently. We do so through four products, each designed for a specific governmental end-user: Connect-ED® for K-12 schools and school districts, Connect-ED for Higher Education, Connect-GOV™ for state and governmental entities, and Connect- CTY for counties and local municipalities. Through these four products, NTI serves over 13,000 clients across 39 states and Washington D.C. These clients include K-12 school districts, cities, counties, colleges and universities, and state government agencies. NTI’s Connect-CTY service offering includes a Mass Notification System specifically designed to meet the needs of the Counties and Municipalities, with unlimited calling available for Emergency Communications, Community Outreach Notifications (e.g. water main repairs, street closures, etc), and Survey calls. Our proven technology solution, the Connect-CTY service, merits consideration over other providers as detailed below. About Our Product: At first glance, governmental leaders may believe that all notification systems are the same. In fact, systems vary widely in quality. Trophy Club, TX leaders can distinguish that quality through measurable factors of which system reliability and overall market expertise are crucial determiners. NTI provides both of these factors in the following ways: Capabilities: • Flexibility of a Fully-Hosted ASP Solution: NTI understands the critical need for recipients to have equity of notification. Therefore, NTI utilizes our fully-hosted Application Service Provider (ASP) for all types of message delivery, not just an emergency. Unlike an auto-dialer system 102 which may take hours or even days to get a message out to the entire community, the Connect- CTY service delivers that same message within a matter of minutes. Further, Trophy Club, TX is not encumbered by hidden costs through hardware, software or additional phone line purchase or maintenance. Some vendors respond that they have a hosted or ASP solution, but attempt to sell hardware based solutions with remotely located hardware, software, and additional phone lines (i.e. located at the vendor's server site). These solutions are NOT fully-hosted, and lack the capacity, speed, and reliability of a true fully-hosted ASP. • Speed of Delivery: NTI has contracted SLAs with redundant telecommunications providers which allow us to initiate over 2,000,000 calls per hour. NTI’s architecture is built to automatically scale these SLAs as needed in a very rapid fashion. Second, the Connect-CTY service utilizes reliable and proven delivery methods, including superior call routing, throttling, and load balancing expertise. We have developed the proprietary algorithms needed to get a large number of calls through the local telecommunications providers’ relatively small “pipe”—even in times of high congestion. • Secured System Capacity: NTI has pre-purchased capacity to send over 10 billion voice messages per year. We currently use less than 2% of our contracted capacity daily. We have an open architecture which allows us to increase additional capacity as our client base grows. • System Reliability and Redundancy: NTI has a redundant, zero single point-of-failure system. We utilize multiple delivery methods (e.g., Time Division Multiplexing (TDM), Voice over Internet Protocol (VoIP), and e-mail), multiple telecommunications partners, and draw from multiple data centers that span all three national power interconnects. Our full-service business continuity partner is SunGard Availability Services. Proven Expertise: • Expertise in Mass Notification Volume Delivery: In 2006, NTI sent over 130 million time- based voice communications through our fully hosted service on behalf of our over 11,000 clients across 39 states and Washington D.C. Currently, we send over 20 million calls monthly on behalf of our clients. • Independent Research Validating Effectiveness: NTI monitors client satisfaction throughout the year using independent client evaluation services: the Evaluation and Training Institute (ETI) and Zogby Institute. Copies of these reports can be made available upon request. Key System Differentiators: 103 • Remote Access: The Connect-CTY service provides a streamlined solution for priority situations that allows users to record and send messages from a remote location using just a touch-tone phone. Users simply call our toll-free number, printed on an NTI supplied personalized, wallet-sized Dial-In Message card for easy access, using any phone in the United States. The user then follows the voice prompts to enter his/her unique User ID number and PIN and records and sends the message. Authorized users can independently record and launch priority calls to their respective communities via their own private accounts. Trophy Club, TX can also specify what users have access to which groups/lists of people should there be a need to segregate call responsibilities. • Full-Service Solution: Other providers may provide an “emergency only” service. The difficulty with such services is that they often fail in crisis because they are only used in crisis, rather than used on a day-in and day-out basis. By contrast, the Connect-CTY service--by offering non-emergency community outreach calling and survey calling through the same ASP solution--provides frequent use so using the system is second nature. • Call Authorization: Using the Call Authorization feature, users can require authorized individuals to approve any message before it is sent. As the authorizer may not be near a computer with Internet access when the call needs to be authorized, our Call Authorization feature is designed to require only a telephone to approve a message. The benefit of this feature is that Trophy Club, TX may set its own parameters around notification events which will prevent users from sending an unauthorized call or sending a call at an inopportune time of night. • Data Provision from Directory Services: NTI provides our clients with the most current phone number data for residences and businesses aggregated from over 210 providers, and cleansed to provide one unique phone number per residence and business. Rather than obtain data from the white pages and yellow pages which may not be as comprehensive, we obtain our data from directory services (4-1-1). NTI also exceeds the norm by providing monthly updates of this data, at a minimum, at no additional cost to Trophy Club, TX. Further, at no additional charge, NTI applies latitude and longitude coordinates to all contact data loaded into the system and provides monthly updates. • Bilingual Community Web Portal: NTI provides Trophy Club, TX specific Web page to gather residents’ and businesses’ e-mail addresses, cell phone numbers, and unlisted phone numbers and, as a key differentiator--a language preference. The website is both viewable in Spanish/English and offers recipients the opportunity to enroll in language preference to receive messages in Spanish or English. 104 Additional System Features: • Grouping: The system is flexible and enables users to pre-define an unlimited number of groups such as staff, volunteers, intra-department teams, languages, and specialty groups (e.g., day care centers and senior care facilities). • Native Language Delivery: Users have the ability to send a call to recipients in ANY language in which the message is recorded. For example, in the event that a user wants to send a message to recipients in Spanish, the user would record or have pre-recorded the appropriate message and then select the “Spanish” group within the contacts section of the website when prompted. To utilize this feature, Trophy Club, TX’s data provider will need to supply a native language field. This may be collected from residents directly through the Web Portal (described above). • Interactive Survey: The interactive survey feature allows users to create a message in the form of a customized survey to send to contacts. The recipients hear a message that contains a question that they are asked to respond to via their telephone keypad. The results are tabulated by the Connect-CTY service and then provided to users via the website and e-mail reports. This feature gives officials a two-way communication channel to poll whether volunteers are available, gather feedback about the scope of damage in a given area, ask homebound residents if they need assistance during an evacuation, or even ask staff to weigh in on the best time to meet for a routine planning session. • Message Scripting and Storage: The Connect-CTY service comes with a library of sample scripts and provides the option for the authorized user to record and send a message immediately or pre-record and store messages in their message library for use at a later time or date. The system comes with a built-in caution if a user should attempt to send a message that would be outside normal delivery hours. • Recognition of Busy and No-Answer Calls: The system recognizes busy and no-answers and will retry each phone number multiple times before delivering it back to the sender as “undelivered.” Through the initial call delivery process, NTI employs highly specialized call retry processes that actually learn the most appropriate retry mechanism to employ based upon the type of network congestion encountered. This retry process ensures calls are delivered to as many people as possible in the quickest period of time and is one of many important benefits of choosing the Connect-CTY service rather than other less-sophisticated services. 105 Additionally, upon call completion, the system automatically provides each user with a detailed, Message Summary e-mail (showing transmission results from each attempted call such as Live Delivery, No Answer, Fast Busy, etc and a one-click option for retry. • Data Cleansing: With each call, a report is supplied that identifies bad telephone numbers, enabling the user to reach out to constituents and get a current, correct phone number where they can be reached. It is crucial that users have access to the most up-to-date information possible. Regular use of the system, such as for staff drills and reminder notices to volunteers, is an excellent way to spot outdated information on an ongoing basis. • Geo-Calling: Users can target specific areas on a map using our Geo-Calling feature. The Connect-CTY service is capable of creating specific call lists for a certain area of Trophy Club, TX using criteria such as radius, zip code, and arbitrary shapes using GIS mapping. Users can also create a polygon area by clicking as many points on a map as are needed to indicate the desired calling area. The user may even draw a shape of a donut to remove a segment of the database (e.g., the “hole” of the donut is excluded from the call). This feature provides great flexibility in mapping selections to optimally geo-target the audience to receive specific messages. • Hierarchical Controls – Trophy Club, TX is able to segment which users have access to communicate with which recipients based upon Trophy Club, TX - defined and controlled roles and rights per user type. For instance, some users may be granted access to place a County - wide call to all businesses and residences while others may only have access to contact their staff. • Device Accessibility: The service supports delivery of voice and text message to landline phone, cell phone, e-mail, PDA, pager, and other texting devices, and allows three phone numbers and two e-mail addresses per residence and business. Unlimited Access and Support: • Unlimited Use: We provide unlimited use for all users. Additionally, there are no overage fees, per-call fees, software licenses, surcharges, per-use customer service fees, hidden fees, or other limitations on use of the system. Because users will wish to be able to operate the system efficiently in an emergency, we understand that you will want to test the system regularly. To support that efficiency, we recommend users regularly utilize the system as a tool to improve communication inter-departmentally, with volunteers, and with special groups within each individual department. Users who regularly “practice” using the system know how to use the 106 system when an unexpected event occurs. Through unlimited system use and fixed-cost pricing, we ensure that practice can make perfect, but not expensive. • Client Care: The service includes unlimited 24-hour support backed by a proactive Client Care team who will assist Trophy Club, TX to implement the system, train users, drive appropriate usage of the system, and establish and monitor success metrics to ensure measurable results are delivered and documented. NTI is well known for its superior Client Care program. Further, we encourage you to “test” our Client Care team as you would every member of your emergency operations team during your periodic emergency drills. 107 Price Proposal Connect-CTY Service Proposal for Trophy Club, TX Unlimited Use Pricing. Includes all training, maintenance, and support. • Client Care Implementation: includes unlimited 24/7/365 Client Care support, unlimited training and refresher training, all training materials and travel costs, best practices recommendations for use and all maintenance, upgrades, and enhancements. • Public Relations: includes public relations support, press releases, plan for roll-out to community at-large. • Priority Communication: send time-based, personalized voice messages to thousands of people in minutes. In the event of local disruptions, such as floods, wildfires, inclement weather, and power outages, your ability to provide leadership remains intact, with the capacity to send urgent notification and community outreach messages to targeted stakeholders and staff members using just a telephone. • Outreach Messaging: Quickly and efficiently keep the community informed and involved in local events, and your staff and volunteers up-to-date. Expand and enhance your communications capabilities to improve awareness, increase involvement, and audit communications on a regular basis. • Single Survey: Leverage the power of the Connect-CTY hosted, mass notification engine to get immediate feedback from your community. Check on senior citizens, poll constituents about common interests, and update contact information. • Phone Numbers Provided: Trophy Club, TX will receive a main phone number for each business and residential address, where available, updated monthly to ensure that your information is as current as possible. We apply latitude and longitude coordinates to allow you to segment data using our advanced Connect-CTY Geo-Calling feature. • E-mail Communications: Complement your telephonic communications with e-mail messages, branded with your logo, and color-coded for priority, outreach, and survey communications. Includes link to listen to your call! Notes: NTI provides a 1-5 year contract with an annual opt out at the locked cost of $2.25 per address. Service Fee Stub Period Year 1 July 1, 2007 – September 30, 2007 October 1, 2007- September 30, 2008 Estimated Number of Residence and Business Addresses: 100,780 3,048 3,048 Message Fee per Address 1.00 $2.25 Total Cost of Service $3,048.00 $6,858.00 108 This Proposal is valid through October 1, 2007 and does not constitute a legal agreement between Trophy Club, TX and The NTI Group, Inc. Neither party will be bound to any terms until each has executed the Connect-CTY Services Agreement, which incorporates all the terms, conditions, and obligations of the parties. 109 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.12 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Items for Future Agendas 1. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. 2. Review of the Property Maintenance Ordinance. 3. Discussion about storm water discharge from pools. 4. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. 5. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System 6. Research grant possibilities regarding phase two street calming/sidewalks. 7. Discuss and take appropriate regarding using the Trophy Club Times as the Town’s newsletter. 8. Discuss and provide input regarding amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. 9. Discuss and receive input regarding suggest revisions to the Handbook for Elected and Appointed Officials. 10. Discuss and take appropriate action regarding the authorization levels on procurement purchases. 110 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.C.13 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. Attachments: 1. None 111 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-9-2007 Subject: Agenda Item No.D.1 Adjourn. 112