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Agenda Packet TC 08/04/2008 - Budget Workshop 1 NOTICE OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 4, 2008 at 5:30 P.M. A.1 Call to order and announce a quorum. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. A.3 Invocation. A.4 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, one and indivisible." A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. B.1 Consent Agenda: Discuss and take appropriate action regarding an amendment to Article VI, "Town Council Rules and Procedures" of Chapter 1, "Administration," of the Code of Ordinances, Subsection C(1) requiring a vote to extend Council meetings past 11:00 p.m. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 21, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. June 2008. C.1 Public Hearing to Consider a Request for Replat of Lots 1-8, Block A, and Lots 1- 27, Block B, Churchill Downs Subdivision. Applicants: Todd Price, Southwest Downs, and Michelle Brown, F&R Adams Luxury Homes, L.L.C., Owners. (RP- 08-014) 2 D.1 Discuss and take appropriate action regarding a Request for Replat of Lots 1-8, Block A and Lots 1-27, Block B, Churchill Downs Subdivision. Applicants: Todd (George) Price, Southwest Downs, and Michelle Brown, Owners. (RP-08-014) D.2 Present and discuss 2008 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. D.3 Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2008 Tax Rate on the September 22, 2008 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY08-09 Budget. D.4 Discuss and provide direction to staff and/or take appropriate action regarding Charter Amendments for Election Ballot, Date for Charter Amendment Election, and the Charter Review Commission. a. Discuss and take appropriate action regarding Town Council communications with and notification of residents regarding the Charter Amendments and Charter Amendment Election D.5 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town, and discuss and provide direction to Staff regarding the future addition of handbill regulations to the Ordinance. D.6 Discuss and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. D.7 Discuss and take appropriate action regarding a Resolution authorizing the suspension of proposed rates and the intervention in the Public Utility Commission proceeding involving the request to increase electric rates of Oncor Electric Delivery Company. D.8 Discuss and take appropriate action regarding the ratification of an Agreed Termination of the agreement for janitorial services with Member’s Building Maintenance, Ltd., authorizing the approval of a new, short term agreement with Exquisite Interiors for those services, and authorizing the Mayor or his designee to execute all necessary documents. D.9 Discuss and take input/appropriate action regarding an Agreement for Professional Services between Jacobs Engineering and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Droop-Off. 3 D.10 Items for Future Agenda. D.11 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. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. (2) Legal advice relative to Charter Amendments and Charter Amendment Election. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. EXPLANATION: Finance will provide appropriate backup via separate email. It will not be available upon distribution of the normal agenda. Will review proposed budget/tax rates, certified appraisal roll, and effective & rollback rate calculations as presented on Agenda Item D2 to the public. RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. None 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.A.3 Invocation. Invocation will be given by Council member Strother. 7 c COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.A.4 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, one and indivisible." Pledges will be led by Council member Edstrom. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action regarding an amendment to Article VI, "Town Council Rules and Procedures" of Chapter 1, "Administration," of the Code of Ordinances, Subsection C(1) requiring a vote to extend Council meetings past 11:00 p.m. EXPLANATION: At their July 21st meeting Council directed staff to amend the procedural requirement for a vote determining if the meeting shall continue past 11:00 p.m. from the Town Council Rules and Procedures and to bring back the Ordinance in final form. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from Minutes date July 21, 2008 2. Ordinance 10 C.5 Discuss and provide input regarding an amendment to Article VI, "Town Council Rules and Procedures" of Chapter 1, "Administration," of the Code of Ordinances to amend the Council procedural requirement for a vote to extend meetings past 11:00 PM. Mayor Sanders explained the Council requested staff look into changing the procedural requirement for a vote to extend meetings past 11:00 PM. as listed in the Rules and Procedures. Motion made by Strother; seconded by Moss to approve the input for an Ordinance amending Chapter 1, "Administration," of the Code of Ordinances, Article VI, "Town Council Rules and Procedures" by amending the Council procedural requirement for a vote to extend meetings past 11:00 PM. Motion carried unanimously without any discussion. 11 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2008- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE VI, TOWN COUNCIL RULES OF PROCEDURE OF CHAPTER 1 OF THE CODE OF ORDINANCES BY AMENDING SECTION 6.01; PROVIDING FOR AN AMENDMENT TO SUBSECTION “C(1)” “REGULAR MEETINGS” TO REMOVE THE REQUIREMENT FOR A VOTE DETERMINING IF A COUNCIL MEETING IS TO CONTINUE PAST 11:00 P.M.; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to amend the Code of Ordinances by revising its Rules of Procedure to remove the vote determining if the meeting shall continue past 11:00 p.m.; and WHEREAS, having discussed the removal of the 11:00 p.m. vote at a prior meeting of the Council, the Town Council hereby finds that the amendment of paragraph C of Section 6.01 of Article VI, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ADOPTION OF PROVISIONS Article VI entitled, “Town Council Rules of Procedure” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended, so that the following section is revised as follows: Section C, “Types of Meetings”, subsection (1) is hereby revised as follows: “1. Regular Meetings The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:00 p.m. o’clock, unless otherwise officially changed by the Town Council. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and shall not repeal any of the provisions of such ordinances except in those instances where provisions of 12 those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 4th day of August, 2008. ______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED AS TO FORM: _________________________________ Town Attorney, Patricia Adams Town of Trophy Club, Texas 13 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1.Minutes dated July 17, 2008 14 MINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Thursday, July 17, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Joint Session with the Charter Review Commission (CRC) on Thursday, July 17, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Mayor Pro Tem CHARTER REVIEW COMMISSION (CRC) MEMBERS PRESENT: William (Bill) Rose CRC Chair Bob Downey CRC Vice-Chair Richard Hobday CRC Member Joel Quile CRC Member Richard (Scott) Briggs CRC Member Melissa Klauss CRC Member CHARTER REVIEW COMMISSION (CRC) MEMBERS ABSENT: Ben Brewster CRC Recording Secretary Roger Williams CRC Member Larry Crosser CRC Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Sakura Moten-Dedrick Finance Director A.1 Mayor Sanders called the Town Council to order and announce a quorum at 7:20 p.m. Mayor Sanders announced Mayor Pro Tem Sterling’s absence. Chairman Rose called the CRC to order and announce a quorum at 7:20 p.m. Chairman Rose announced Commissioners Williams, Brewster and Crosser absences. A.2 Commissioner Joel Quile gave the Invocation. 15 A.3 Commissioner Melissa Klauss led the pledges. A.4 Citizen Presentations: No citizen’s addressed the Council. A.5 Discuss and take appropriate action regarding the Charter Review Commission's Report on recommended Charter amendments for the November 2008 election. Mayor Sanders thanked the CRC for their hard work and diligence. Mayor Sanders explained the rules for a Committee of the Whole and suggested that the group not wordsmith the proposed amendments (PA) tonight and only discuss whether they would support the proposed amendments. Mayor Sanders acknowledged CRC Chairman Bill Rose to make his report. Chairman Rose explained the history of the Town’s Charter, the methodology of the CRC members appointed on February 4, 2008, sources of information used during their review and additional areas of intent developed during the review. Chairman Rose requested that the Council consider approving the proposed amendment for the November ballot and allow the residents to vote. Chairman Rose concluded that the Commission members, like the Town Council members have two votes; one in their elected capacity and another as a resident. Motion to move into a Committee of the Whole made by Edstrom: seconded by Wilson. Motion passed unanimously. Mayor Sanders requested that the group keep their discussions to whether the proposed amendments would be moved forward tonight. 1) Add One Councilmember • Rationale: Increases Council’s combined intelligence quotient, and enhances the quality of Council’s output while diluting the influence of a single voice. Decatur, Roanoke, Southlake, Colleyville, Grapevine, Flower Mound and Denton (cumulative population 222,464) all have six Councilmembers and a Mayor. Places Council composition in the center of the membership range recommended by NCL. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Chairman Rose said that this PA was originally tagged to the PA allowing the Mayor to vote, but according to State Law, the two have been separated. Chairman Rose said that he would encourage the residents to vote the same way on both amendments. Council member Moss is not in favor of a large group of people voting or the Mayor voting on all matters. Mayor Pro Tem Edstrom questioned the rationale and the factual detail that increasing the Council by one, would increase the combined intelligence. Edstrom quoted from Blodgett’s Model City Charter that small councils are more effective and requested this quote be included should this PA move forward. Edstrom said that the majority of cities with seven Councilmember was driven by terms and believes the Mayor should lead above the fray and does not believe that people have ever doubted where the mayor stands on an issue. This document should be based on the form of government, not who is in office at the time it is amended. Council member Wilson favors adding one Councilmember as it increases the Town’s representation. Wilson agreed that the Town may not need another Councilmember now, but will in the future. 16 Commissioner Downey explained that adding one Councilmember increases intelligence of the entire Council and it not insulting any one member’s intelligence. Commissioner Downey is not a strong proponent of the Mayor voting but feels the citizens should decide. In favor -Wilson Mixed - Not in favor – Edstrom Staff would like additional direction from the Council. 2) Change from At-Large to At-Large-by-Place Elections • Rationale: Place gives a candidate the ability to run directly against an incumbent, increasing direct accountability from those elected. Place increases the number of races per election, and potentially reduces campaign costs. Place eliminates unused votes: i.e., the necessity to prioritize votes and only vote for one person when three votes are available with three open seats. Place utilizes plurality voting in this two year application. Place is used by Decatur, Roanoke, Keller, Southlake, Colleyville, Grapevine, Flower Mound and Denton (249,809). 87% of Texas Home Rule cities utilize a place system (TML THRC). • Commission Vote: _6_ in favor _2_ opposed _0_ abstentions Chairman Rose explained the difference between place and wards and Council member Moss does not object to election by place. Mayor Pro Tem Edstrom gave statistics of how the cities referenced vote by place and referenced Blodgett’s Model City Charter that the at-large system gives the government the ability to represent the city as a whole. Council member Wilson said considering Meet the Candidates Forum, the citizens rely on Council’s debate. Candidates should accept the challenge when choosing to compete in the individual competition such as running for office. Mayor Sanders said that he favors this idea based on this information. In favor – Sanders, Wilson and Moss Mixed - Not in favor - Edstrom Consensus of the Council was to move forward. 3) Add Three Year Terms • Rationale: Three year terms afford more efficiency in the election process, learning and service as a Council member. Roanoke, Southlake, Colleyville, Grapevine, Euless and Bedford have three year terms (179,181). Three year terms are a step toward the NCL standard of four years. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Council members Moss and Strother like three year terms but not necessarily the challenges that go along with three year terms. In favor – Sanders and Wilson Mixed – Moss and Strother 17 Not in favor - Edstrom Consensus of the Council was to move forward. 4) Resignation of Council Member Seat • Rationale: Eliminates cost of follow-on election if candidate is successful in election to new position. Similar to the requirement set forth in the Texas Constitution for terms greater than two years. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Bob Downey said this was a point of contention when the original Charter was passed and the consensus of the three original Charter Commission members was that it would be one of the first amendments they sought. In favor – Wilson Mixed – Not in favor – Consensus of the Council was not to move forward. 5) Add Violates Any Express Prohibition of this Charter • Rationale: Improves probability of Charter adherence by moving the action point for enforcement of an expressly prohibited Charter violation from a citizen driven recall to Council action. Immediate access to investigative powers is enhanced at Council level. Found in Decatur, Southlake and Flower Mound charters. Follows NCL MCC guidance. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Town Attorney Adams voiced a liability concern as Thou shall is subjective. Mayor Pro Edstrom questioned how the Council with only five votes can remove someone from office when they were elected by a larger number of the citizens. Mayor Sanders and Mayor Pro Tem Edstrom requested the CRC provide specific violation for additional consideration. In favor – Mixed – Not in favor – Sanders and Edstrom Consensus of the Council was not to move forward. 6) Filling Vacancies • Rationale: Updates the filling of vacancies procedure to align with the Texas Constitution and Texas Election Code. The Mayor Pro-Tem office is an important backup to the Mayor and should be promptly filled if vacated. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Town Attorney Adams said this PA, as recommended, could only happen in the event of a three year term. Adams said that she would add language to align with Texas Election Code. In favor – Mixed – Not in favor – 18 Consensus of the Council was to move forward. 7) Add Council Compensation • Rationale: Significantly increased workload with budget and Town development. Municipal Utility Directors have been compensated for several years. Roanoke compensates its Council in its new charter. Council members are compensated throughout Texas. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Commissioner Downey said that some proposed amendments will require more work from the Council. The citizens should vote on compensation for the Council considering the time they volunteer. Mayor Pro Tem Edstrom said she would not accept money as this is her public service to her community. Town Manager Emmons said based on the PA the impact to budget would be approximately $15,000. Mayor Sanders said the word shall means you must, if a Council member refuses, they would be in violation of the Charter. Commissioner Klauss explained that it is not the money but rather the spirit and recognition of the work and time the Council volunteers and dedicates to the community. The Council agreed to move this forward providing language allowing them the option to refuse compensation is included. 8) Add Mayor Voting On All Matters • Rationale: The Mayor votes on all issues in Fort Worth, Dallas, Decatur, Southlake, Colleyville, Grapevine, Euless, Bedford and Denton (1,985,383). National survey figures show 70% of Mayors vote on all matters. Follows NCL MCC guidance and may enhance the Mayor’s ability to lead. TML’s THRC states, council-manager cities generally give their mayors the unrestricted right to vote. • Commission Vote: _6_ in favor _2_ opposed _0_ abstentions Commissioner Downey said that although he does not support this PA, he would like to see it put to the vote. Council member Wilson commented that residents have voiced their opinion and they would like to know where the Mayor stands on certain issues. Mayor Sanders said that he does state his opinion during the debate. Although not voting gives the Mayor some freedom as he only has to be concerned with conducting the meeting, there are times when he, as Mayor, wishes he could vote. Mayor Pro Tem Edstrom is not in favor as this does not enhance the Mayor’s ability to lead. In favor – Wilson Mixed – Not in favor – Edstrom and Moss Consensus of the Council was to move forward. 9) Agenda Request 19 • Rationale: Allows better utilization of Council time. Prevents a single member from monopolizing the Council agenda with a personal issue or issues without the known potential of a second on a motion. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Mayor Sanders said this PA is the intent of the Item for Future Agenda. Mayor Pro Tem Edstrom feels that a Council member should have the ability to at least bring up an issue for Council’s discussion. The Council said this PA will not keep their meetings from going late and that there have been major issues they have had to debate in the past months. Council agreed this should be operational and placed into the Town Council procedures. In favor – Mixed – Not in favor – Edstrom, Moss and Wilson Consensus of the Council was not to move forward. 10) Conflict of Interest and Abstention Town Council Procedure • Rationale: Aligns with most recent Texas charters. Encourages preparation and engagement in the decision making process. Removes the availability of the “politically safe” abstention vote. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Mayor Sanders said that this PA conflicts with Robert’s Rules of Order. Commissioner Hobday said this is an efficiency measure for Council and requires them to declare their abstentions at the beginning of debate. The Council discussed abstaining from the vote to approve Council Minutes for a meeting in which they were absent and are concerned that under this PA would indicate a no vote. Mayor Sanders clarified that a Council member does not have to abstain from voting on the approval of the Minutes, as the vote is to approve the Minutes as the official copy. Consensus of the Council was not to move forward. 11) Clarify Appointment Procedure • Rationale: Removes a potential conflict within the Charter and aligns appointments with voting requirements found in Section 3.12. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions In favor – Mixed – Not in favor – Edstrom Consensus of the Council was to move forward. 12) Comply with Texas Election Code 20 • Rationale: Aligns Charter with Texas Election Code and eliminates updating the Charter when Texas Election Code is revised. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions In favor – Mixed – Not in favor – Consensus of the Council was to move forward. 13) Clarify Grounds for Recall • Rationale: Removes limitations and duplicates the power given to citizens of Dallas, Fort Worth, Denton, Colleyville, Euless, Decatur and Southlake (1,896,172). Follows NCL MCC guidance. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions In favor – Wilson and Strother Mixed – Not in favor – Edstrom and Moss Consensus of the Council was to move forward. 14) Reduce Recall Signatures Required • Rationale: Increases availability of option to hold elected representatives responsible and accountable by reducing the barrier for initiation, while remaining within NCL standards. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Consensus of the Council was split; will move forward. 15) Reduce Required Signatures for Initiative and Referendum • Rationale: More closely aligns Council with comprehensive citizen positions. Increases availability of Initiative and Referendum by the citizens while maintaining the threshold at a level that will discourage capricious citizen-initiated actions. NCL recommends 5-10% of the registered voters in the last election. Using “registered voters” rather than “voters in the last election” provides a more stable number and standard for action. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Consensus of the Council was split; will move forward. 16) Budget Process Enhancement • Rationale: Firm milestones require the establishment of Council’s goals early in the budget process and costs of service are compared with a representative sample of North Texas cities. Program and performance budgeting was adopted by the Texas Legislature for all departments within the State government. Fully adopts the NCL’s MCC guidelines for the program/performance budgeting concept initiated in Trophy Club’s Charter. 21 • Commission Vote: _7_ in favor _0_ opposed _0_ abstentions Council Wilson said that this is a very good PA as it replaces responsibility of the Town Manager and Council. Town Manager Emmons stated that the comments tonight have been that the Charter should not bog down the daily operations and this PA does exactly that. Emmons feels this is getting into too much minutia and this would be better incorporated into an Ordinance rather than the Charter. Mayor Sanders and Mayor Pro Tem Edstrom agreed that this PA would make the Charter too operational. They agree with goal planning and suggested this be included in a procedural document. Commissioner Klauss explained that the extensive study of this section is a result of learning that specifics in the current Charter are not being followed. Town Manager Emmons responded that the specifics in questioned, although not included in the final budget books are presented to the Council during the budget process. The group agreed to move on as the members of the CRC Finance Sub-Committee; Williams, Brewster and Crosser were not represented. Council requested staff rewrite this PA prior to moving forward. 17) Franchise Term • Rationale: Enhances Council’s latitude to respond in a manner most beneficial to the Town. • Commission Vote: _7_ in favor _0_ opposed _0_ abstentions Consensus of the Council was to move forward. 18) Code of Ethics and Conduct • Rationale: Ethics provisions are included in the most recent Texas charters and in current charter revisions. Follows NCL MCC guidance; “Ethics provisions foster public trust in the integrity of city government and serve as a check on improper or abusive behavior by city officials and employees”. • Commission Vote: _8_ in favor _0_ opposed _0_ abstentions Commissioner Quile explained this PA is not referring to minutia and to principle. Mayor Sanders questioned the word enforce and suggested it be replaced with recommend. In favor – Wilson, Moss and Strother Mixed – Not in favor – Edstrom Consensus of the Council was to move forward. 19) Charter Review Commission • Rationale: Requiring the establishment of a citizen Commission at intervals no greater than every four years ensures Charter currency and perspective, while reinforcing citizen ownership of the Charter. Charter amendments processed through a citizen commission are more thoroughly 22 vetted than individual petitions, thereby ensuring Charter continuity and a professional product. The Charter may be amended at two year intervals by State law. Follows TML’S THRC Commission example. • Commission Vote: _7_ in favor _0_ opposed _0_ abstentions The Council does not feel it necessary to keep the Commission active as Charter Amendment Election can only be held every two years (calendar) and agreed not to move it forward. Motion to move out of the Committee of the Whole made by Wilson; seconded by Edstrom. Motion passed unanimously. Mayor Sanders requested an item discussing direction to staff regarding the Charter Amendments, the November 2008 Election and the Charter Review Commission be placed on the July 21, 2008 Agenda. A.6 Adjourn. Motion to adjourn made by Edstrom; seconded by Strother. Motion passed unanimously. Motion to adjourn made by Quile; seconded by Briggs. Motion passed unanimously. Meeting adjourned at 11:00 p.m. _________________________________ __________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 23 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 21, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated July 21, 2008 24 MINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 21, 2008 5:30 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, July 21, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Jim Moss Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Lee Delk Police Commander Adam Adams Parks & Recreation Director Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst Mike Pastor Information Systems Director Chris King Building Inspector A.1 Mayor Sanders called the Budget Works Session to order at 5:47 p.m. noting a quorum was present. Mayor Sanders announced the absences of Council members Edstrom and Wilson. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. Finance Director Sakura Moten-Dedrick provided a summary of the bank balances and Revenue and Expenditures by Fund/Department, gave an overview of the personnel estimates and reviews and answered Council's questions. Town Manager Emmons explained how the need for increased services for new development contributes to the deficit since services are necessary before the properties contribute to the revenue stream via ad valorem taxes. Finance Director Sakura Moten-Dedrick announced that Council will consider the following item at their August 4, 2008 Meeting: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2008 Tax Rate at the September 22, 2008 Town Council Meeting. Council took a five minute recess. 25 A.3 Council member Moss gave the Invocation. A.4 Fire Chief Danny Thomas led the Pledges. A.5 Citizen Presentations: Ray Wiegand, 7 Brookfield Court – Addressed the Council regarding his fence and the set-back restrictions currently in place. Barry Huizenga, 120 Greenhill Trails – Addressed the Council regarding the issues with the TCR Football Practice Facilities resulting from Beck Park closing and the parking lot construction at Harmony Park. Amy Diesch, 12 Meadow Ridge Drive – Requested Council’s support for Football Practice Fields and cheerleading. Mayor Sanders confirmed with Town Manager Emmons the balance on the property maintenance line for Beck Park. Mayor Sanders read a Press Release regarding the Community Storehouse’s financial trouble. This year the Storehouse is assisting over 200 families a month, not counting the children from the KISD and NW ISD areas who are being referred to them. The Storehouse’s increase this year is up 55% from last year and they are requesting help to continue handling this growth volume. Motion made by Moss; seconded by Strother approve the Consent Agenda, Items B.1 and B.2. Motion carried unanimously without any discussion. B.1 Consent Agenda: Discuss and take appropriate action regarding the approval of a Second Modification of the Agreement between the Town and Allied Waste to adopt a rate increase for solid waste collection, transportation and disposal services. B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. May 2008 *REGULAR SESSION C.1 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town, and discuss and provide direction to Staff regarding the future addition of handbill regulations to the Ordinance. Mayor Sanders stated that this item was requested by Council member Wilson who hoped she could be here when the Council took final action. Town Attorney Patricia Adams explained that the Ordinance presented tonight reflects changes discussed at the June 2, 2008 Council meeting. The defined terms were cleaned up, the requirement for the identification of a permit applicant or permit holder’s race and weight was deleted, the time frame under Section 4.07 was changed to 9:00 a.m. and 5:00 p.m. seven days a week, excluding those holidays listed in the Ordinance and the word “Exceptions” was changed to “Affirmative Defenses” simplifying the complaint process in municipal court. Additionally, the Ordinance was clarified to address magazines and other publications and printed material which deals with the dissemination of information or opinion. That type of solicitation is not exempt from the reasonable time, place and manner restrictions in the ordinance, but a permit is not required. 26 Motion made by Strother; seconded by Moss to refer to a future date, with the intent of the August 4, 2008 meeting. Motion carried unanimously without any discussion. C.2 Discuss and take appropriate action to approve Minutes dated, July 7, 2008. (Wilson was absent from this meeting.) Motion made by Sterling; seconded by Moss to approve the Minutes dated July 7th, 2008. Sterling modified motion to include a correction to Page 51, under Item D.3, adding Sterling suggested two alternate designs. The second agreed. Motion carried unanimously without further discussion. C.3 Discuss and take appropriate action to approve Minutes dated, July 10, 2008. (Sterling was absent from this meeting.) Motion made by Moss; seconded by Strother to approve the Minutes dated, July 10, 2008. Motion carried unanimously without any discussion. C.4 Discuss and take appropriate action regarding approval of an Ordinance amending Chapter 15 entitled "Taxation" of the Code of Ordinances by adding Article II entitled "Penalty for Collection Costs for Delinquent Taxes and Assessments" adopting a penalty for the cost of collecting delinquent accounts in order to defray the costs of collection in accordance with the Texas Property Tax Code and in accordance with the Town's contractual obligations for tax collection services. Town Attorney Adams emailed the draft Ordinance to the Council on Wednesday evening and hard copies were provided to Council. Town Manager Emmons explained that this is a renewal of an existing contract with the collection attorneys who work with Denton County. The Town has worked with these attorneys for the past several years for the collection of delinquent ad valorem taxes. The Tax Code provides for various penalties in order to defray the costs of collecting delinquent taxes and PID assessments. The Ordinance is required in order to collect those costs allowed under the Tax Code. With the addition of the PID assessments, the Town must add delinquent assessment collection services to its agreement. Motion made by Moss; seconded by Strother to approve an Ordinance amending Chapter 15 entitled "Taxation" of the Code of Ordinances by adding Article II entitled "Penalty for Collection Costs for Delinquent Taxes and Assessments" adopting a penalty for the cost of collecting delinquent accounts in order to defray the costs of collection in accordance with the Texas Property Tax Code and in accordance with the Town's contractual obligations for tax collection services. Motion carried unanimously without any discussion. a. Discuss and take appropriate action approving a contract between the Town and McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Berry, White & Vanzant LLP, for the collection of delinquent property taxes and delinquent public improvement district assessments. Motion made by Sterling; seconded by Moss to approve a contract between the Town and McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Berry, White & Vanzant LLP, for the collection of delinquent property taxes and delinquent public improvement district assessments. Motion carried unanimously without any discussion 27 C.5 Discuss and provide input regarding an amendment to Article VI, "Town Council Rules and Procedures" of Chapter 1, "Administration," of the Code of Ordinances to amend the Council procedural requirement for a vote to extend meetings past 11:00 PM. Mayor Sanders explained the Council requested staff look into changing the procedural requirement for a vote to extend meetings past 11:00 PM. as listed in the Rules and Procedures. Motion made by Strother; seconded by Moss to approve the input for an Ordinance amending Chapter 1, "Administration," of the Code of Ordinances, Article VI, "Town Council Rules and Procedures" by amending the Council procedural requirement for a vote to extend meetings past 11:00 PM. Motion carried unanimously without any discussion C.6 Discuss and provide direction to staff and/or take appropriate action regarding Charter Amendments for the November 2008 ballot and the Charter Review Commission. Mayor Sanders noted that a draft copy of Council’s consensus from their July 17, 2008 Joint meeting with the Charter Review Commission was provided to Council. Mayor Sanders stated that Denton County Election Administrator, Don Alexander, advised Friday, July 18, 2008 that the Town would have to conduct a separate election and estimated the cost to triple the normal cost. Dave Edstrom, 269 Oak Hill Drive – Spoke against several items proposed for the Charter Amendment election. Scott Briggs, 12 Hunters Ridge – Spoke in favor of a Charter Amendment election. 1) Add One Councilmember For - Wilson, Mixed/For Strother (Strother said it depends if the PAs for 3-year terms and the Mayor voting move forward) Against - Moss, Edstrom and Sterling (Sterling feels this should be a package deal with number 2) Direction: Will not move forward 2) Change from At-Large to At-Large-by-Place Elections For - Mayor, Wilson and Moss Mixed - Against - Edstrom Direction: Move Forward 3) Add Three Year Terms For - Mayor, Wilson and Sterling Mixed - Moss, Strother Against - Edstrom Direction: Move Forward Patricia advised that 3 year terms would require a candidate win by majority vote, require districts or places (not geographical), elections for vacancies would need to occur within 120 days of a vacancy and resign to run provisions will automatically apply to 3 year terms. 4) Resignation of Council Member Seat 28 For - Wilson, Moss providing with 2 year terms, Sterling providing it is lumped with the others, Mayor provided with 3 year terms. Mixed - Against – Direction: Move Forward 5) Add Violates Any Express Prohibition of this Charter For – Mixed Against – Mayor, Edstrom, Strother and Sterling Direction: Will not move forward 6) Filling Vacancies For – Mixed - Against – Direction: Move Forward Council directed Town Attorney Adams reword language to align with TX Election Code and providing for the appointment of Mayor Pro-Tem within 30 days. 7) Add Council Compensation For – Mayor, Strother, Moss, Wilson and Sterling Mixed Against – Edstrom Direction: Move Forward Council confirmed the impact to budget would be $15,000 and requested language be added allowing Council members the option to decline compensation. Direction provided to Town Attorney to rework language to add option to decline as discussed. 8) Add Mayor Voting On All Matters For – Wilson Mixed – Strother would like the Mayor register a vote even if not counted Against – Edstrom, Moss, Mayor and Sterling Direction: Move Forward (after the 7/17 Joint meeting) Direction: Will not move forward (after the 7/21 Town Council meeting) 9) Agenda Request For – Mixed - Strother Against – Edstrom, Moss and Sterling Direction: Will not move forward 10) Conflict of Interest and Abstention Town Council Procedure For – Mixed - Strother Against – Edstrom, Moss and Sterling 29 Direction: Will not move forward 11) Clarify Appointment Procedure For – Mixed Against – Edstrom Direction: Move Forward 12) Comply with Texas Election Code For – Mixed - Against – Direction: Move Forward 13) Clarify Grounds for Recall For – Wilson, Strother Mixed - Against – Edstrom, Moss Council is mixed. Direction: Move Forward Council requested Town Attorney Adams provide definitions to further define the grounds for recall. 14) Reduce Recall Signatures Required For – Wilson Mixed - Against – Moss, Edstrom, Strother and Sterling Direction: Will not move forward 15) Reduce Required Signatures for Initiative and Referendum For – Wilson Mixed - Against – Edstrom, Moss and Strother Direction: Will not move forward 16) Budget Process Enhancement For – Mixed - Against – Mayor and Sterling Direction: Will not move forward Council requested Town Manager Emmons and staff rewrite procedures and make suggestions. 17) Franchise Term 30 For – Mixed - Against – Direction: Move Forward 18) Code of Ethics and Conduct For – Wilson, Moss and Strother (for having something to hold Officials to a high standard but not in favor of a Commission Mixed – Against – Edstrom, Mayor and Sterling Direction: Move Forward (after the 7/17 Joint meeting) Direction: Will not move forward (after the 7/21 Town Council meeting) 19) Charter Review Commission For – Mixed – Against – Sterling Direction: Will not move not forward a. Discuss and take appropriate action regarding Town Council informational forums and plan for resident notification relative to Charter Amendments and November election. No action taken. C.7 Items for Future Agenda. Mayor Sanders confirmed No. 3 relates to the State Regulations, asked that it be combined No. 11 and be brought back to Council soon. Council member Strother advised that he will coordinate with Town Manager Emmons for long action on No. 3. 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) 3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to speed limit reduction. (Council member Moss) 4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 7. Annual update and presentation by the Park Board. (August 4, 2008) 8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 9. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 10. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 11. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08) 12. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 13. Town Council to provide direction to the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. 31 (Council member Wilson – 5/5/08) C.8 Reports. (a) Town Manager Emmons gave his Report. (b) EDC 4A Liaison, Council member Moss gave his report. (c) EDC 4B Liaison, Council member Strother gave his report. (d) Parks and Recreation Board Liaison, Council member Moss gave his report. (e) Council member Moss read a report from MUD Liaison Council member Wilson. Council convened into Executive Session at 9:42p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. (2) Legal advice relative to Charter Amendments and November Election. *REGULAR SESSION Council convened into Regular Session at 10:10 p.m. D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. No action taken. E.1 Adjourn. Motion made by Strother; seconded by Moss to adjourn at 10:10 p.m. Motion carried unanimously. ___________________________________ ____________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 32 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. June 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. Variance Report (June 2008) 33 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.C.1 Public Hearing to Consider a Request for Replat of Lots 1-8, Block A, and Lots 1-27, Block B, Churchill Downs Subdivision. Applicants: Todd Price, Southwest Downs, and Michelle Brown, F&R Adams Luxury Homes, L.L.C., Owners. (RP-08-014) OWNERS/DEVELOPERS: Todd (George) Price Southwest Downs L.P. 204 Ellicott Dr. Roanoke, TX 76262 Michelle Brown F&R Adams Luxury Homes, L.L.C. 850 E. SH 114 #100 Southlake, TX 76092 ENGINEER: Robert Schneeberg 660 N. Central Expressway, Suite 250 Plano, TX 75074 REQUESTED ACTION: Replat PURPOSE: To allow Churchill Downs Subdivision to become a private, gated community, with privately owned streets and privately owned entryway features. SIZE: 12.2643 acres; 35 residential lots SURROUNDING LAND USES: North: PD-27 The Highlands at Trophy Club Neighborhood 7, and Trophy Club Park East: Corps of Engineers Property South: Corps of Engineers Property West: R-15 Single Family Residential 34 HISTORY: • October 2006: Todd Price submits a subdivision plan for Churchill Downs. • February 5, 2007: Churchill Downs Preliminary Plat approved. • February 19, 2007: Churchill Downs annexed into the Town as R-15 Single Family Residential. • June 18, 2007: Churchill Downs Final Plat approved by Town Council. • January 2008: Todd Price, Owner, makes inquiries regarding the possibility of Churchill Downs becoming a private, gated community with a Homeowners Association (HOA) to maintain the streets and storm sewer. Mr. Price indicates that he originally intended for this subdivision to be a private, gated community but that desire was inadvertently dropped during platting when the streets were dedicated to the Town. • May 5, 2008: Council Agenda Item C.1, Staff asks Council for direction regarding Mr. Price’s request to create a private, gated community for Churchill Downs, privatizing the streets and storm sewer. Staff asks that rezoning to bring all lots into compliance be a condition of privatization. Council directs staff to pursue rezoning, privatization of streets, but public ownership retention of the storm sewer. • June 19, 2008: Planning and Zoning Commission recommends approval of rezoning request for Churchill Downs Subdivision from R-15 Single Family Residential to “PD-29” Planned Development No. 29, granting approval to change rear and side yard setbacks. • July 7, 2008: Town Council approves rezoning request for Churchill Downs Subdivision from R-15 Single Family Residential to “PD-29” Planned Development No. 29, granting approval to change rear and side yard setbacks. STAFF COMMENTS: The differences between the current plat and the proposed replat: OWNERS DEDICATION: • Current plat dedicates the streets to the Town. Replat dedicates the streets to Churchill Downs Homeowners Association. • Storm sewer, easements and right-of-way to remain public property. • The “Notes” on the plat give further detail of public versus private ownership responsibilities. 35 LOTS: As approved with the rezoning request: • Current plat indicates 20-ft. rear setbacks. • Replat allows 15-ft. rear setbacks. 36 LOTS: As approved with the rezoning request (continued): • Current plat indicates 7.5-ft. side yard setbacks. • Replat allows 7-ft. side yard setbacks. • Current plat indicates 15-ft. side yard adjacent to street. • Replat allows 10-ft. side yard adjacent to street. Front yard setbacks of each lot, as well as lot widths, and lot depths remain the same from the current plat to the replat. PUBLIC HEARING: A Public Hearing notice was published in the local newspaper on June 27, 2008. For a residential replat, notification must be given to all owners within the original subdivision. The owners who are requesting this replat are the only property owners to date. WAIVER OF FEES: At the July 7, 2008 Council meeting, the Town Council waived the replat fees for this request. STAFF RECOMMENDATION: Replatting (combined with the previously approved rezoning request for this subdivision) will bring all lots into zoning and platting conformance, creating uniform design standards for builders and staff alike to facilitate harmonious building plan review for Churchill Downs. Staff recommends approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this replat request on July 17, 2008, and recommend approval. Commissioner Sheridan made a motion recommending approval to the Town Council with the following stipulations: 1) a boxed note added to the replat stating the purpose of the replat and that this replat voids all previous plats; 2) current date placed on the replat. The motion was seconded by Commissioner Reed. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Action: 5-0, Approved Attachments: Replat Application Current Plat on File with Denton County Proposed Replat Public Hearing Notice Planning and Zoning Commission Minutes 37 38 CHURCHILL DOWNS CURRENT PLAT 39 CHURCHILL DOWNS PROPOSED REPLAT 40 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: June 24, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: June 27, 2008 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARINGS PLANNING & ZONING COMMISSION Thursday, July 17, 2008 TOWN COUNCIL Monday, August 4, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, July 17, 2008, to: Consider a replat to Churchill Downs Subdivision to allow the subdivision to become a private, gated community with a Homeowners Association owning and maintaining the streets, entryway gates and entryway landscaping and sod. The Town Council will hear the above item on August 4, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. 41 Minutes from the July 17, 2008 Planning and Zoning Commission Meeting C.1 PUBLIC HEARING TO CONSIDER A REQUEST FOR REPLAT OF LOTS 1-8, BLOCK A, AND LOTS 1-27, BLOCK B, CHURCHILL DOWNS SUBDIVISION. APPLICANTS: TODD PRICE, SOUTHWEST DOWNS, AND MICHELLE BROWN, F&R ADAMS LUXURY HOMES, OWNERS. (RP-08-014) Vice Chairman Stephens announced the case, opened the public hearing, and asked the applicants to bring the Commission up-to-date on the changes to the replat. Todd Price, Owner, stated that the replat shows the new setbacks and the dedication of the streets as private. He stated that the majority of the replat is the same as the original plat. He stated that he also has grading information with him [as requested by the Planning & Zoning Commissioners at the last meeting when a zoning change for this property was approved], which is part of the construction plans for the subdivision and the construction plans, including grading, do not change with this replat. Ms. Huggins confirmed that the Town engineer reviewed the grading plans that are part of the construction plans for this subdivision and those plans are not changed by this replat. As there were none in attendance wishing to speak during the Public Hearing portion of this case, Vice Chairman Stephens closed the public hearing. C.2 DISCUSSION AND CONSIDERATION OF A REQUEST FOR REPLAT OF LOTS 1-8, BLOCK A, AND LOTS 1-27, BLOCK B, CHURCHILL DOWNS SUBDIVISION. APPLICANTS: TODD PRICE, SOUTHWEST DOWNS, AND MICHELLE BROWN, F&R ADAMS LUXURY HOMES, OWNERS. (RP-08-014) Vice Chairman Stephens asked for discussion by the Commission. Commissioner Sheridan asked if this is for P&Z approval or for recommendation to the City Council. Ms. Huggins replied that the Commission is considering this item for recommendation to the City Council. Commissioner Sheridan asked if there are any other Town ordinances that would be changed or altered (such as no parking of vehicles overnight on the streets) when this subdivision becomes private, beyond what is put in the notes which references the utilities and easements. Ms. Huggins responded that the part of the plat that is going private (the streets) is no longer subject to Town regulations except as outlined on the plat. By State Law under the Transportation Code, using as an example overnight parking as mentioned by Commissioner Sheridan, 25% of the homeowners of the subdivision would have to petition the Town in order to make those regulations part of that private subdivision. 42 Commissioner Sheridan asked if code enforcement, such as maintaining yards and fences, would not be affected by this subdivision becoming private. Ms. Huggins responded, “That’s correct”. Ms. Huggins stated that Town regulations apply to all items in the subdivision other than the street regulations, once the streets become private. Commissioner Sheridan recommended that a boxed note be added to the replat stating that the replat voids all previous plats. Ms. Huggins added that this replat automatically voids the previous final plat, however, after checking with other staff members, including the Town Attorney, staff agrees with Mr. Sheridan that a note of explanation should be added to the replat and that note will be shown on the copies that Council will receive for review on August 4, 2008. Vice Chairman Stephens asked that the date be updated on the replat. Commissioner Ashby stated that he does not want to see the setbacks of the rear yards changed, especially on those homes backing up to Marshall Creek Rd. After discussion with the applicant, staff and other Commissioners, Mr. Ashby withdrew his comments since the setbacks were approved with the zoning change request of Churchill Downs which was recommended for approval by the Planning & Zoning Commission on June 19, 2008 and approved by the Town Council on July 7, 2008. This replat reflects the setbacks approved with the Churchill Downs subdivision zoning change from R-15 to PD-29. Mr. Ashby stated that he would have liked to see the setbacks remain at 20-ft. and would have voted that way had he been present at the previous Planning & Zoning Commission meeting when the rezoning request was considered. As there was no further discussion, Vice Chairman Stephens called for a motion. Commissioner Sheridan made a motion recommending approval to the Town Council with the following stipulations: 1) a boxed note added to the replat stating the purpose of the replat and that this replat voids all previous plats; 2) current date placed on the replat. The motion was seconded by Commissioner Reed. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Action: 5-0, Approved 43 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding a Request for Replat of Lots 1-8, Block A and Lots 1-27, Block B, Churchill Downs Subdivision. Applicants: Todd (George) Price, Southwest Downs, and Michelle Brown, Owners. (RP-08-014) REQUESTED ACTION: Replat PURPOSE: To allow Churchill Downs Subdivision to become a private, gated community, with privately owned streets and privately owned entryway features. STAFF RECOMMENDATION: Replatting (combined with the previously approved rezoning request for this subdivision) will bring all lots into zoning and platting conformance, creating uniform design standards for builders and staff alike to facilitate harmonious building plan review for Churchill Downs. Staff recommends approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: Vice Chairman Stephens will attend the Council meeting to report on the Planning and Zoning Commission’s decision for the Churchill Downs replat. The Planning and Zoning Commission heard this replat request on July 17, 2008, and recommend approval. Commissioner Sheridan made a motion recommending approval to the Town Council with the following stipulations: 1) a boxed note added to the replat stating the purpose of the replat and that this replat voids all previous plats; 2) current date placed on the replat. The motion was seconded by Commissioner Reed. Ayes: Stephens, Reed, Sheridan, Forest, Ashby Nays: None Action: 5-0, Approved (ch) 44 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.2 Present and discuss 2008 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. EXPLANATION: Municipalities are required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. These are currently scheduled to publish on August 08, 2008 in the Trophy Club Times. The rollback tax rate divides the overall property taxes into two categories—maintenance and operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase in operating taxes. The effective tax rate is generally the property taxes divided by the current year’s taxable value of properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth). The Town of Trophy Club’s effective rate for this year is $._______/$100 valuation, and the rollback rate is $._______/$100 valuation (provided at meeting). *Note: The Public Improvement District, which is governed by the Chapter 372 of Local Government Code, requires different publishing and meeting notices as opposed to Chapter 26 of the Tax Code. As a result, neither an effective or rollback rate is calculated. For your information, staff has, however, provided the Certified Assessment Roll Grand Totals Report for the PID. RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. 2008 Certified Assessment Roll Grand Totals Report - Town/Denton County 2. 2008 Certified Assessment Roll Grand Totals Report - Town/Tarrant County 3. 2008 Notice of Effective Tax Rate & Schedules – Town (Provided At Meeting) 45 4. 2008 Effective Tax Rate Worksheet – Town (Provided At Meeting) 5. 2008 Rollback Tax Rate Worksheet – Town (Provided At Meeting) 6. 2008 Certified Assessment Roll Grand Totals Report - PID* 46 47 48 49 50 51 52 53 54 55 56 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2008 Tax Rate on the September 22, 2008 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY08-09 Budget. EXPLANATION: The Property Tax Code specifies that “when a proposed rate exceeds the rollback rate or the effective rate, whichever is lower, the taxing unit’s governing body, other than for a small taxing unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item”. The Proposed 2008-09 Budget is funded with a proposed tax rate of $.43051 / $100 (O&M .35554, I&S .07497). The overall proposed tax rate represents no change from the current year. Although this proposed rate is below the rollback rate, it is above the effective tax rate and requires two separate public hearings. RECOMMENDATION: 08/04/08 Vote to Place Proposal on Future Agenda 08/08/08 Publish Required Notice of Effective Tax Rate & Schedules 08/08/08 Publish Required Notice of Public Hearing On Tax Increase 08/18/08 Hold First Public Hearing 08/22/08 Publish First Required Notice of Tax Revenue Increase 09/08/08 Hold Second Public Hearing 09/12/08 Publish Second Required Notice of Tax Revenue Increase 09/22/08 Adopt Tax Rate ACTION BY COUNCIL: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal on the September 22, 2008, Town Council Public Meeting Agenda to adopt a 2008 tax rate that will exceed the lower of the rollback rate or the effective tax rate; calling public hearings on a tax increase to be held on August 18, 2008 and September 9, 2008, requiring publication of a Notice of Public Hearing on Tax Increase in accordance with the law; and providing an effective date. Needs to be a recorded vote. 57 (SMD) Attachments: 1. Resolution 58 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PLACEMENT OF A PROPOSAL ON THE SEPTEMBER 22, 2008, TOWN COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2008 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 18, 2008 AND SEPTEMBER 08, 2008; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council desires to consider adoption of a tax rate of $0.43051 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate, in accordance with the requirements of the Texas Tax Code Chapter 26 and to schedule public hearings on the proposed tax increase as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council desires to consider adoption a tax rate for the 2008 tax year of $0.43051 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 2. The Town Council hereby approves the placement of an item on the September 22, 2008 Town Council public meeting agenda, such meeting being a regular Council meeting, to vote on a proposed tax rate of $0.43051 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 3. The Town Council hereby calls public hearings on the proposed tax increase to be held in the Svore Municipal Building located at 100 Municipal Drive, Trophy Club, Texas 76262 on August 18, 2008 and September 08, 2008 at 7:00 p.m., such dates being weekdays which are not public holidays. The first public hearing will not be held until at least seven days after notice of both public hearings have been published in the Trophy Club Times, a newspaper having general circulation within the Town, in the form of the attached Notice of Public Hearing on Tax Increase, which is incorporated into this Resolution for all purposes meeting the size requirements specified Texas Tax Code §26.06. The Town Manager and the Assistant Town Manager are hereby directed to publish such notice in accordance with this Resolution and in accordance with Texas Tax Code §26.06. At both public hearings, the Town Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. 59 Section 4. This Resolution shall become effective immediately upon its passage and approval at a regular meeting of the Town Council of the Town of Trophy Club, Texas on this the 4th day of August, 2008, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Texas Government Code §551.001, et seq. The Town Secretary is hereby directed to record this Resolution and the vote on the proposal to place the item for a tax increase on the September 22, 2008 Town Council agenda. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of August, 2008. __________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 60 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.4 Discuss and provide direction to staff and/or take appropriate action regarding Charter Amendments for Election Ballot, Date for Charter Amendment Election, and the Charter Review Commission. a. Discuss and take appropriate action regarding Town Council communications with and notification of residents regarding the Charter Amendments and Charter Amendment Election EXPLANATION: Denton County Election Administrator, Don Alexander will be in attendance to encourage the Town Council to wait until May 2008 to conduct the Charter Amendment Election. The backup provided is the first rough draft of ballot language for which Council consensus was to proceed with draft language. The actual ordinance calling the election will contain both ballot language and the revised Charter language; however, the actual ballot submitted to the voters will only contain the proposition language. It is a working draft that was completed to give the CRC an opportunity to review at their August 4, 2008 meeting and to allow Council to begin their review prior to the passage of an ordinance calling the election. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.Information from Denton County Election Administrator, Don Alexander 2. Ballot Language Draft 61 In looking at a possible Trophy Club election in November, I see the following items that must be addressed: 1) If the ballot contains more than three amendments, the ballot will exceed equipment limitations on length and a paper ballot would not be available for this election. All my electronic machines are already 100% allocated. This means Trophy Club residents would vote only electronically and lines would be extremely long. This situation happened in Denton in 2006 and it took voters up to 20 minutes each to vote. I talked to Hart and there are no more machines available to rent. 2) I talked about you conducting your own election. I have extra eScans that would be available but I have no DAU (Disabled Access Unit) machines. This would make your election non-HAVA compliant and subject to a Department of Justice lawsuit. If you held your own election, there would also be a problem with early voting. I do not plan to use Trophy Club MUD for an early voting site the first week of early voting. This means Trophy Club voters that vote early would have to go to the MUD building to vote in the city election and go to Roanoke Community Center to vote in the General election. They would be very unhappy about that and you could miss several voters that do not want to go to two locations to vote. Don Alexander 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town, and discuss and provide direction to Staff regarding the future addition of handbill regulations to the Ordinance. EXPLANATION: This item was referred at the Town Council’s July 21, 2008 meeting. This version reflects changes discussed at the June 2, 2008 Council meeting. Defined terms were cleaned up and capitalized for consistent use throughout the document. The requirement for the identification of a permit applicant or permit holder’s race and weight was deleted as suggested by the Public Safety Advisory Group. Section 4.07 was changed so that the general time frame for solicitation is between the hours of 9:00 a.m. and 5:00 p.m. seven days a week, excluding those holidays listed in the Ordinance. The more specific time regulations for medians were not changed. “Exceptions” to the Ordinance were changed to “Affirmative Defenses” as this simplifies the complaint process in municipal court. The Ordinance was clarified to address magazines and other publications and printed material which deal with the dissemination of information or opinion. That type of solicitation is not exempt from the reasonable time, place and manner restrictions in the ordinance, but a permit is not required. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from June 2, 2008 Minutes 2. City of Denton (Excerpts pertaining to hand bills) City of Roanoke (Excerpts pertaining to hand bills) 87 3. Draft Ordinance 88 C.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. Town Manager Emmons stated the Town’s current Peddlers and Solicitors Ordinance was briefly discussed at the April 21 and the May 19, 2008 Council meetings. Topics identified for further discussion at the previous meetings included time/day restrictions, increased fees and permitting requirements, and an immediate response complaint contact number for resident reporting of violations. Town Attorney Adams spoke to the revisions noted on the draft forwarded to the Town Council on Saturday, May 30, advising that both Chief Kniffen and the Public Safety Committee worked on the revisions as well. Town Attorney Adams provided the proposed revisions were made based upon staff’s understanding of Council’s input at the last meeting and a bit of work is still needed to clean up the existing provisions that are inconsistent and need better definitions. Council member Wilson requested the hours of 9:00 a.m. to 4:00 p.m. be changed under Section 4.03, Charitable Solicitations, H.a, to 9:00 a.m. to 5:00 p.m. Mayor Sanders asked Town Attorney to research if magazines were excluded from Section 4.02 Exceptions, B. Council member Sterling clarified that Section 4.02 I, does not exclude Schwan’s delivery. Deandra Pugh, 2 Chimney Rock Drive – Said she still has an issue with door hangers even though they are not considered face to face solicitations. Bob Radder, 1 Lee Court – Provided the definition of Itinerant and said the Public Safety Advisory Committee discussed revisions that would require more than what the State required on photo ids. Per the additional direction provided to staff, Town Attorney Adams will incorporate the suggestions into the ordinance and present to the Council for final action. 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.6 Discuss and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. DENCO Area 9-1-1 District Memo 2. Request for reappointment by Mr. Harlan Jefferson 3. Resolution 113 114 115 116 117 118 119 120 121 122 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within such District; and WHEREAS, the Town is entitled to vote for a candidate to serve the Denco Area 9-1-1 District; and WHEREAS, having considered the slate of candidates provided to the Town, the Town Council has cast its vote in accordance with this Resolution for the person named below. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby votes for _____________________ as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Denco Area 9-1-1 District, by September 15, 2008. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of August, 2008. ___________________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: 123 ___________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas 124 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding a Resolution authorizing the suspension of proposed rates and the intervention in the Public Utility Commission proceeding involving the request to increase electric rates of Oncor Electric Delivery Company. EXPLANATION: The Town recently joined the Alliance of TXU/Oncor Customers. This organization has retained the firm of Boyle and Herrera to represent the interests of the member cities in the most recent rate increase request by Oncor. The Town must take action by August 8, 2008, in this rate case. By suspending the case, the Town and it’s consultants will be given an additional 90 days to study the impact and reasonableness of this proposed increase. RECOMMENDATION: Approval of the Resolution suspending the requested rate increase. ACTION BY COUNCIL: (bse) Attachments: 1. Information Memorandum 2. Resolution 125 INFORMATION MEMO BACKGROUND Oncor was required to file a general rate case at the Public Utility Commission of Texas (“PUCT”) by July 1, 2008. Oncor has not had a thorough review of its costs and expenses since the unbundling of investor-owned utilities. Oncor’s rate increase request is for more than $275 million over current rates. The rate request comes at a time when four retail electric providers have recently gone out of business leaving customers, many located in Oncor’s service territory, with the highest prices for electricity in the United States. ALLIANCE OF TXU/ONCOR CUSTOMERS Last year a group of cities and other public entities came together to form the Alliance of TXU/Oncor Customers (“ATOC”). The coalition was active in the case at the PUC involving the acquisition of TXU Electric Distribution Company, the predecessor to Oncor and ATOC was active in last year’s general rate case by Oncor. As a result of a settlement, last year’s rate case did not change rates. The 2008 rate request by Oncor is the largest, in terms of dollars, ever filed by an investor-owned utility in Texas. As a result of the settlement with Oncor, ATOC’s rate case expenses will be paid by the public utility without the necessity of any contributions from municipalities. RECOMMENDATION: It is expected that the Town’s participation through ATOC will assist in keeping rates just and reasonable. The Town should select an individual to serve on the ATOC Steering Committee. Frequent conference calls will take place in order to help provide guidance to lawyers and rate experts. It is also recommended that the Town suspend the proposed effective date for 90 days in order to permit due diligence with regard to reviewing the reasonableness of Oncor’s proposed rate request. PARTICIPATION WITH COALITION IN CONNECTION WITH ONCOR’S 2008 RATE REQUEST 126 TOWN OF TROPHY CLUB RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE SUSPENSION OF PROPOSED RATES AND THE INTERVENTION IN THE PUBLIC UTILITY COMMISSION PROCEEDING INVOLVING THE REQUEST TO INCREASE ELECTRIC RATES OF ONCOR ELECTRIC DELIVERY COMPANY; AUTHORIZING PARTICIPATION IN A COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TXU/ONCOR CUSTOMERS ("ATOC"); PROVIDING FOR THE RETENTION OF EXPERTS; 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 June 27, 2008 Oncor Electric Delivery Company ("Oncor") filed a request to increase its transmission and distribution rates by more than $275 million; and WHEREAS, under the Public Utility Regulatory Act § 36.108 a municipality may suspend the effective date for adoption of the request for a change in rates; and WHEREAS, in June 2008 four retail electric providers ("REPs") have gone out of business, forcing thousands of electric customers to purchase electricity at prices which are unheard of in the United States; and WHEREAS, the Oncor rate increase request is being filed at a time when the Public Utility Commission of Texas is considering requests for over $5 billion in new transmission projects. A large portion of the costs for these projects will be borne by customers located within the municipalities served by Oncor; and WHEREAS, the general rate increase being requested by Oncor is in addition to the surcharge being sought for advanced metering services; and WHEREAS, the Oncor rate increase requires the specialized expertise of lawyers and experts who concentrate on analyzing utility rate requests; and WHEREAS, the coalition known as the Alliance of TXU/Oncor Customers ("ATOC") was active at the Public Utility Commission of Texas in the Oncor 2007 rate request proceeding and in the proceeding involving the acquisition of TXU Electric Distribution Company by Texas Entergy Future Holdings; and 127 WHEREAS, participation in ATOC will benefit electric customers within our municipality by helping insure that Oncor rates are just and reasonable. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. The findings set out in the preamble to this resolution are 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 participate in the Alliance of TXU/Oncor Customers ("ATOC"), to form a steering committee to provide direction and guidance to legal and consulting experts with regard to the Oncor 2008 General Rate Request. Section 4. That the Town does hereby suspend the proposed effective date of Oncor’s request for an increase in rates for a period of 90 days. Section 3. That the Town authorizes the law firm of Herrera & Boyle, PLLC to act on behalf of the Town and ATOC in the Oncor 2008 General Rate Request and related proceedings. Section 4. Legal counsel for ATOC is authorized to take such actions in connection with the Oncor 2008 General Rate Request as are in the best interest of the customers of Oncor who are located within the Town s municipal boundaries, consistent with the instructions of the Steering Committee, including any administrative or judicial proceedings related to Oncor's 2008 General Rate Request. 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 by the Town Council of the Town of Trophy Club, Texas on this 4th day of August 2008. _____________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: 128 ________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: ________________________________ Town Attorney, Town of Trophy Club, Texas 129 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.8 Discuss and take appropriate action regarding the ratification of an Agreed Termination of the agreement for janitorial services with Member’s Building Maintenance, Ltd., authorizing the approval of a new, short term agreement with Exquisite Interiors for those services, and authorizing the Mayor or his designee to execute all necessary documents. EXPLANATION: At its 06/02/08 meeting, Council approved a one-year renewable contract with Member’s Building Maintenance, Ltd. (MBM) for professional janitorial services. The Master District also accomplished the same on 06/12/08. As evidenced over the first month of service, the Entities of Trophy Club have had significant staffing and performance issues with MBM, and neither has been resolved as of this date. The Entities did previously provide MBM with a thirty-day (30) notice as required by contract. Based on our recent talks with MBM, it has become apparent that they underbid the contract, and as a result have mutually agreed to terminate service as of Aug 8, 2008. In an effort to avoid any interruption in service, the Janitorial Staff Committee revisited with several vendors that originally applied to the initial Request For Proposal (RFP), and in doing so, selected Exquisite Interiors to provide short term temporary service via a six (6) month contract until such time that this can be bid again. A total of $12,614 was budgeted by both entities ($4002 Police, $4306 Town, $4002 MUD) in the current year. Under MBM, the monthly cost was $1056 monthly or $12672 annually. Per our agreement with Exquisite Interiors, this cost will increase to $1980 monthly, shared equally between the Town and MUD. Upon approval, the selected bidder will be formally notified and the appropriate documents executed. RECOMMENDATION: Approve and authorize the Mayor to execute all necessary documents. ACTION BY COUNCIL: (smd) Attachments: 1. Agreed Termination Letter – MBM, Ltd. 130 131 132 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.9 Discuss and take input/appropriate action regarding an Agreement for Professional Services between Jacobs Engineering and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Droop-Off. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Agreement 133 134 135 136 137 138 139 140 141 142 143 144 145 146 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.10 Items for Future Agenda. EXPLANATION: At the July 21, 2008 Council meeting, Mayor Sanders confirmed No. 3 relates to the State Regulations and asked that it be combined No. 11 readdressing the speed limit and signage on Skyline Drive and be brought back to Council soon. Council member Strother advised that he would coordinate with Town Manager Emmons for long term action on No. 2. RECOMMENDATION: Items for Future Agenda: 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) (7/21/08 Council member Strother to meet with Town Manager Emmons to discuss long term action.) 3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive. (Council member Wilson and Moss – 4/21/08) 4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 7. Annual update and presentation by the Park Board. (August 4, 2008) 8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 9. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 10. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 11. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 12. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. (Council member Wilson – 5/5/08) 147 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.D.11 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 148 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. (2) Legal advice relative to Charter Amendments and Charter Amendment Election. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 149 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 150 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-4-2008 Subject: Agenda Item No.F.1 Adjourn.