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Agenda Packet TC 07/21/2008 - Budget Workshop 1 Town of Trophy Club Town Council Budget Workshop/Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, July 21, 2008 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 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 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. C.2 Discuss and take appropriate action to approve Minutes dated, July 7, 2008. 2 C.3 Discuss and take appropriate action to approve Minutes dated, July 10, 2008. 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. 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. 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. 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. a. Discuss and take appropriate action regarding Town Council informational forums and plan for resident notification relative to Charter Amendments and November election. C.7 Items for Future Agenda. C.8 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. (b) Town Council report from EDC 4A Liaison, Council member Moss. (c) Town Council report from EDC 4B Liaison, Council member Strother. (d) Town Council report from Parks and Recreation Board Liaison, Council member Moss. (e) Town Council report from MUD Liaison Council member Wilson. 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: 3 (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. D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. E.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 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. RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. None 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.A.3 Invocation. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 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." 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 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: 7-21-2008 Subject: Agenda Item No.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. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Insert from the June 16, 2008 Minutes 2. Modification 10 C.5 Discuss and take appropriate action regarding a rate increase for solid waste collection and disposal services provided by Allied Waste. Town Manager Emmons stated that Allied Waste has proved a rate increase for solid waste collection and disposal services by providing a ninety-five gallon trash cart and changing to once a week collection. Tim Powell, General Manager presented the increased services levels with automation. Mayor Pro Tem Sterling said Allied is looking at a considerable savings by implementing the automation which reduces man power, and reducing weekly pick-ups, thereby saving in fuel. Sterling said that he does not completely oppose the idea of carts, but Allied carts are too big and their surcharge is too high considering their service cutbacks. Trophy Club’s contract expires in two years and it will take five years to amortize the carts. Mr. Powell recommended extending the contract to seven years. Council member Edstrom said the Public Works Advisory Group previously looked at this and did not receive positive citizen support. The size and space is not accommodating for the elderly and Edstrom is not a proponent because of the size of the cart. Edstrom requested the Public Works Advisory Group first review the automation proposal and asked that a soft copy of this presentation be forwarded to the Council. Steven Kohs, 18 Over Hill Drive – Is not in favor of the automation. Motion made by Edstrom; seconded by Moss to move forward with the price increase of $10.36 per home for fuel increase plus disposal, without automation. Motion passed unanimously without further discussion. Council directed staff to have the Public Works Advisory Group to review carts and automation. 11 THE STATE OF TEXAS § § Second Modification of the Exclusive Contract § for Solid Waste and Recyclable § Materials, Collection, Transportation and § Disposal Services for the Town of Trophy Club, § Texas COUNTY OF DENTON § THIS Second Modification of the Exclusive Contract for Solid Waste and Recyclable Materials Collection, Transportation and Disposal Services for the Town of Trophy Club, Texas dated June 1, 2005 (hereinafter “Agreement”) by and between Allied Waste Services, Inc., a Delaware Corporation d/b/a Trinity Waste Services (hereinafter “Contractor”) and The Town Of Trophy Club, Texas, a home rule municipality (hereinafter “Town”), is made and entered into on this the _____ day of ____________, 2008, by and between Contractor and Town, (hereinafter “Second Modification”). W I T N E S S E T H : WHEREAS, Town and Contractor entered into the Agreement on or about June 1, 2005; and WHEREAS, In May, 2007, Contractor requested that the Town modify the Agreement to change the primary collection days for solid waste collection and recyclable materials; and WHEREAS, Town Council considered Contractor’s request and agreed to a First Modification memorializing the change to the primary collection days set forth in the Agreement (hereinafter “First Modification”); and WHEREAS, In June, 2008, subsequent to the third anniversary of the Agreement and consistent with the terms of the Agreement, Contractor requested an increase in the rate to allow Contractor the rate increase based upon Consumer Price Index for the Dallas Fort Worth Area as authorized by Section “W” entitled “Rates” of the Agreement; and WHEREAS, Due to the approval of the increase in rates, Town and Contractor find it necessary to modify the Agreement to adopt the increased rates as set forth in Exhibit “A”, which is adopted in Section “W” of the Agreement entitled “Rates”, as specifically set forth in this the Second Modification of the Agreement (hereinafter “Second Modification”); NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable consideration, the parties hereto agree as follows: 12 I. Incorporation of Agreement and First Modification The Agreement and the First Modification are incorporated herein as if written word for word. Except as provided below, all other terms and conditions of the Agreement and First Modification shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this Second Modification, the First Modification and the Agreement, priority of interpretation shall be in the following order: Second Modification, First Modification; Agreement. II. Modification of Agreement Effective as of the day and year first written above, Section “W” of the Agreement entitled “Rates” is hereby deleted in its entirety and a new subparagraph “W” entitled “Rates” and adopting Exhibit “A”, is added to read in its entirety as follows: W. Rates: Contractor shall perform the service required hereunder at the rates set forth on Exhibit “A”, a copy of which is attached hereto and incorporated herein. The rates set forth on Exhibit “A” for Solid Waste collection and disposal shall be fixed for a period from July 1, 2008 until July 1, 2009. Thereafter, the rates for Solid Waste Collection and disposal shall be adjusted annually on that same date for each subsequent year during the term, by the percentage increase, if any, in the Consumer Price Index for the Dallas-Fort Worth Area. If the specified index ceases to b available, the parties shall use the most closely comparable index then available. The rates for collection of Recyclable Materials shall remain fixed for the initial five-year term of the Agreement. If the parties agreed to renew this Agreement for one or more additional five-year term, the Town and Contractor agree to negotiate in good faith to agree on a rate for collection of Recyclable Materials for such renewal term. Notwithstanding the foregoing, the Town reserves its legal right not to renew this agreement beyond the initial term hereof. No statement contained herein regarding good faith negations on rate or other items shall be construed as an agreement for automatic renewal of this Agreement nor shall the Town be deemed in violation of this paragraph if such good faith negations fail and the Agreement is not renewed. IN WITNESS WHEREOF, the parties enter into this Second Modification on the date first written above. ALLIED WASTE SERVICES, INC. d/b/a TRINITY WASTE SERVICES Date: ______________ BY: ______________________________ Title:_________________________ 13 TOWN OF TROPHY CLUB, TEXAS Date: ______________ BY: ______________________________ Nick Sanders, Mayor ATTEST: _________________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: _________________________________ Patricia A. Adams, Town Attorney 14 15 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. May 2008 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. May 2008 16 17 18 19 20 21 22 23 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.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. EXPLANATION: 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) 3. Draft Ordinance 24 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. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.C.2 Discuss and take appropriate action to approve Minutes dated, July 7, 2008. EXPLANATION: Council member Wilson was absent from this meeting. RECOMMENDATION: ACTION BY COUNCIL: (sd) Attachments: 1. Minutes dated, July 7, 2008 49 MINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 7, 2008 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, July 7, 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 Susan Edstrom Council Member Jim Moss Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Deputy Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Adam Adams Parks & Recreation Director Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst Mike Pastor Information Systems Director Ed Helton Streets Superintendent Chris King Building Inspector Dean Henry MUD 1 President Bill Rose CRC Chairman Gene Hill Planning & Zoning Chairman Steven Kohs MUD 1 Director Todd Price Southwest Downs Alvin Jackson Centurion American A.1 Mayor Sanders called the Budget Works Session to order at 5:33 p.m. noting a quorum was present. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. Town Manager Emmons shared that expenditures will be reviewed tonight. Finance Director Sakura Moten-Dedrick gave a presentation of Assumptions and Expenditures by Departments to Council and answered questions. Council directed staff to add $15,000 to Professional Outside Services for Legal. 50 Council member Edstrom stated that she is not in favor of any type of staff time reimbursement from the Economic Development Corporations. Funds can be better spent on needed projects. Council took a five minute recess. A.3 Mayor Pro Tem Sterling gave the Invocation. A.4 Council Member Strother led the pledges. A.5 Citizen Presentations: No presentations were made. A.6 Receive a report from Lewis McLain with CityBase.Net on the Town/MUD water study and discussion of same. No report was given. Council convened into Public Hearing at 7:42 p.m. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING C.1 Public Hearing for a Request for a Zoning Change from "R-15" Single Family Residential to "PD-29" Planned Development No. 29 for Churchill Downs Subdivision. Applicants: Todd (George) Price, Southwest Downs, and Michelle Brown, Owners. (ZCA-08-013) No presentations were made. Council convened into Regular Session at 7:43 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action regarding an Ordinance effecting a zoning change from "R-15" Single Family Residential to "PD-29" Planned Development No. 29 for Churchill Downs Subdivision. Applicants: Southwest Downs, George Price, and Michelle Brown, Owners. (ZCA-08-013) Mr. Gene Hill, Planning & Zoning Chairman shared the following with Council: In a June 19, 2008 Public Hearing and Regular Session the Commission heard and considered the applicant’s request for a zone change for Churchill Downs from the current R-15 Single Family Residential to PD Planned Development No. 29. Following discussion with the applicants concerning minimum lot sizes, design standards that will apply to each lot, minimum home sizes, and some specific architectural feature requirements, the Commission recommended approval of the zoning change request to PD Planned Development No. 29 with stipulations that: • There be no driveways entering on Derby Way, • Garage doors must be cedar, and • Any portion of exterior masonry that is not directly supported by the masonry brick ledge must have engineered stamped drawings. The Commission’s vote was 5 favoring, 0 opposed, 1 absent and 1 position is vacant. Council member Strother moved to approve the Ordinance affecting a zoning change. Council member Moss seconded; motion carried 3:1, with Council member Edstrom opposing. Carolyn Huggins asked for direction regarding fees. 51 Mayor Pro Tem Sterling made a motion to waive the rezoning and replatting fees for a total of $1300. Motion died for lack of second. Council member Strother made a motion to waive the replatting fees only for a total of $550. Mayor Pro Tem Sterling seconded; motion carried unanimous. D.2 Discuss and take appropriate action regarding the approval of the contract for the Street Bond project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook Hollow Court) with Conatser and authorizing the Mayor or his designee to execute all necessary contract documents. Council member Edstrom moved to approve the contract for the Street Bond Project with Conatser. Council member Moss seconded; motion carried unanimous. D.3 Discuss and take appropriate action regarding the Community Sign Program Proposal and site plan for Trophy Club Drive. Mr. Alvin Jackson, Marketing Director, represented High Trophy Development, LLC and Centurion American Group. Town Manager Emmons updated Council as to the reasoning behind the Community Sign Program Proposal. Emmons would like Council to give direction as to what type of sign to allow and materials to use. Mr. Jackson presented the differences between proposed signs and the locations Centurion American is proposing to begin the signs. Mayor Sanders asked if either proposed sign had issues with the current sign ordinance. Mayor Sanders would like some written instrument showing the signs will become permanent at the end of build out. Mayor Sanders would prefer the masonry type sign. Council member Moss likes the existing signs and would like the new signs to follow suit. Council member Edstrom prefers consistency with all signs and put Trophy Club at the top of each sign. Edstrom would like to also include some existing Town amenities on the directional signs. Mayor Pro Tem Sterling suggested adding white concrete toppers on each and adding Town amenities. Council member Strother commented Mr. Jackson and Town Manager Emmons meeting and go through all signs, branding and placement. Mayor Sanders summarized by asking Council to allow Mr. Jackson to work on creating a more modern sign and come back with a final proposal. Town Manager Emmons asked Council if they would consider giving Mr. Jackson permission for one temporary sign for a period of one year and come back with a final proposal for more permanent signs. Council agreed to allow one temporary sign for a period of one year. No action taken. D.4 Discuss the progress of the Charter Review Commission regarding their pending proposed amendments and the proposed amendment log, provide direction regarding the same and preparation for November election. Mr. Bill Rose, 219 Inverness Drive addressed the Council. Council will have the report of proposed amendments on Friday, July 11. The Charter Review Commission will be meeting on Thursday, July 10 to finish up their report. Mr. Rose asked if Council 52 could meet with the Charter Review Commission in a workshop next week to discuss the proposed amendments. Council agreed to meet with the Charter Review Commission in a joint workshop on Thursday, July 17 at 7:00 p.m. Council member Edstrom does not agree with the proposed amendment for reimbursement to Council members. Edstrom asked for clarification on the guidelines for reforms, if the Commission will be able to provide reasoning for the amendments and if staff has had a chance to provide input. No action taken, Council will wait until joint workshop to discuss further. D.5 Discuss and take appropriate action regarding a Resolution of the Town of Trophy Club authorizing the Town to join the Alliance of TXU/Oncor Customers (ATOC) in participating in the Oncor electric rate proceedings; authorizing intervention in the PUC proceeding; authorizing representation of the Town and providing an effective date. Town Manager Emmons provided history of the ATOC. Council member Moss moved to approve the Resolution. Council member Strother seconded. Council member Moss amended the motion to adopt the Resolution with an effective date of July 7, 2008 and appoint Town Manager Emmons as the Town Representative. Council member Strother seconded; motion carried unanimously. D.6 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled "Administration", Article VIII entitled "Schedule of Fees" revising Section 8.16, entitled "Public Works for Public Improvement District No. 1" of the Code of Ordinances of the Town. Town Manager Emmons updated Council on past conversations regarding the different size meters used and the associated fees. Current design standards state a one inch meter is the smallest allowed throughout the Town. This ordinance amending Chapter 1 will allow for a flat fee of $2300. Mayor Pro Tem Sterling moved to approve the Ordinance amending Chapter 1, entitled “Administration.” Article VIII entitled “Schedule of Fees”, Section 8.16. Council member Edstrom seconded; motion carried unanimously. D.7 Discuss and take appropriate action to approve the First Modification of Contract for Water Supply and Wastewater Treatment Between the Town, Trophy Club Municipal Utility District No. 1 and Trophy Club Municipal Utility District No. 2 to comply with the amendment to Chapter 1, Article VIII, Section 8.16, entitled "Public Works for Public Improvement District No. 1" of the Code of Ordinances. Council member Edstrom moved to approve the First Modification of Contract for Water Supply and Wastewater Treatment Between the Town, Trophy Club Municipal Utility District No. 1 and 2 to comply with the amendment to Chapter 1, Article VIII, Section 8.16, entitled “Public Works for Public Improvement District No. 1” of the Code of Ordinances. Council member Moss seconded; motion carried unanimously. D.8 Discuss and take appropriate ACTION regarding the First Modification to the Highlands at Trophy Club Development and Public Improvement District Agreement, amending Article III, Section 3.3 of that Agreement to comply with the amendment to Chapter 1, Article VIII Section 8.16, (Public Works for Public Improvement District No. 1) of the Code of Ordinances of the Town. Council member Strother moved to approve the First Modification to the Highlands at Trophy Club Development and Public Improvement District Agreement, amending Article III, Section 3.3 to comply with the amendment to Chapter 1, Article VIII Section 8.16, (Public Works for Public Improvement District No. 1) of the Code of Ordinances. Council member Moss seconded; motion carried unanimously. 53 D.9 Discuss and take appropriate action regarding a preliminary drainage study, not to exceed $12,000 on Timber Ridge Drive. Town Manager Emmons and Council member Moss gave a brief history of this agenda item to Council. Mr. Bruce Morey, 546 Timber Ridge addressed the Council and presented the Council with a petition of 44 residents of Timber Ridge, Skyline and Overhill to fix the drainage issue. Mr. Dave Glaser, 15 Overhill briefly addressed the Council stating Mr. Morey expressed his thoughts. Council member Edstrom asked what the cost would be for a comprehensive Town-wide study. Town Manager Emmons estimated the cost to be between $120,000 – 150,000. Mayor Sanders asked Town Manager Emmons where the funds for the study would come from. Emmons expressed the funds would come from the drainage fees. Emmons expressed that a comprehensive study needs to be performed. Council member Moss would like to perform the preliminary drainage study of Timber Ridge Drive. Council directed Town Manager Emmons to meet with Tom Rutledge, look at funding and come back to Council with options as soon as possible. D.10 Discuss and take appropriate action regarding a professional services agreement with Brinkley Sargent to conduct a needs assessment for police services. Town Manager Emmons shared the needs assessment would coincide with the possible plans of the Municipal Utility Districts to purchase land for a joint Police and Fire facility. Town Manager Emmons stated the funding for the $18,000 will come from building maintenance and Police Contract Labor. Council Member Moss moved to approve the professional services agreement with Brinkley Sargent to conduct a needs assessment for police services. Council member Edstrom seconded; motion carried unanimously. D.11 Discuss and take appropriate action regarding the award/rejection of bids and approval of the contract for the Harmony Park Parking Lot Expansion Project in an amount not to exceed $207,400.00; and authorizing the Town Manager to execute the contract documents. Town Manager Emmons explained the bids ranged from $207,000 to $260,000 and stated funding will come from bond proceeds, parkland dedication funds and park improvement grant. Council member Moss moved to approve the bid to 2L Construction in the amount of $207,400. Mayor Pro Tem Sterling seconded; motion carried unanimously. D.12 Discuss and take appropriate action regarding the award/rejection of bids and the approval of the contract for the Harmony Park bathroom expansion in an amount not to exceed $131,210.00; and authorizing the Town manager to execute the contract documents. Council member Moss moved to approve the bid to Raven Building & Supply in the amount of $140,810. Council member Edstrom seconded; motion carried unanimously. D.13 Discuss and take appropriate action regarding a Resolution approving the submission of the Grant application for the Special Criminal Investigator Program for the 2008-09 fiscal year. Chief Kniffen briefed Council on the Grant Application. The grant would fund the salary and benefits for the position for one year as well as equipment and training for the investigator. The total would equate to 54 $86000. After one year, the Town would be required to reapply for an extension for the salary, benefits, and training. If it was not funded again, the Town would have to fund the position locally or eliminate the position. Council member Strother moved to approve the Resolution as amended by removing the second whereas clause. Mayor Pro Tem Sterling seconded; motion carried unanimously. D.14 Discuss and take appropriate action regarding Amendment No. 1 to the Advance Funding Agreement for the Safe Routes To School Project between the Town and the Texas Department of Transportation. Council member Moss moved to approve Amendment No. 1 to Advance Funding Agreement for the Safe Routes to School Project between the Town and the Texas Department of Transportation. Council member Strother seconded; motion carried 3:1 with Mayor Pro Tem Sterling and Council members Strother and Moss voting for and Council member Edstrom voting against. D.15 Discuss and take appropriate action to approve Minutes dated, June 16, 2008. Council member Moss moved to approve the June 16, 2008 minutes as written. Mayor Pro Tem Sterling seconded; motion carried 3:0:1 with Council member Strother abstaining. D.16 Items for Future Agenda. No items added. D.17 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. Town Manager Emmons gave his report. Council convened into Executive Session at 10:40 p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION 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 future sites and land acquisition. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Council reconvened into Regular Session at 11:00 p.m. Council member Strother moved to continue past 11:00 p.m. Council member Edstrom seconded; motion carried unanimously. Council reconvened into Executive Session at 11:03 p.m. Council reconvened into Regular Session at 11:47 p.m. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. 55 F.1 Adjourn. Mayor Pro Tem Sterling moved to adjourn at 11:48 p.m. Council member Strother seconded; motion carried unanimously. _____________________________________ ______________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 56 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.C.3 Discuss and take appropriate action to approve Minutes dated, July 10, 2008. EXPLANATION: Mayor Pro Tem Sterling was absent from this meeting. RECOMMENDATION: ACTION BY COUNCIL: (sd) Attachments: 1. Minutes Dated July 10, 2008 57 MINUTES OF JOINT MEETING BETWEEN TOWN COUNCIL and THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT and SPECIAL SESSION FOR THE TOWN COUNCIL LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS THURSDAY, JULY 10, 2008 at 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 Thursday, July 10, 2008. The meeting was held within the boundaries of the Town and was open to the public. Town Council Members Present: Nick Sanders Mayor Arrived at 6:21 Susan Edstrom Councilmember Jim Moss Councilmember Kathleen Wilson Councilmember Arrived at 6:04 Glenn Strother Councilmember Town Council Members Absent: Philip Sterling Mayor Pro Tem Master District Directors Present: Carol Borges Chair Connie White Vice Chair James Thomas Secretary/Treasurer Left at 8:35 James Budarf Board Member Kevin Carr Board Member Left at 7:30 Jim Hase Board Member Dean Henry Board Member Steven Kohs Board Member Neil Twomey Board Member Master District Directors Absent: Gary Cantrell Board Member Staff and Guests Present: Walter Fitzpatrick District Manager Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Sakura Dedrick Finance Director Stephanie Gohlke Financial Analyst Danny Thomas Fire Chief Mary Moore Recording Secretary Robert Scott Utility Superintendent Scott Kniffen Police Chief Mike Pastor IT Director Bob West Attorney Arrived At 6:25 Pam Liston Attorney Lou Opipare 32 Crestwood Greg Lamont 15 Avalon Bob Radder 1 Lee Court 58 A.1 Council member Edstrom called the Meeting to order at 6:02 p.m. noting a quorum was present. B.1 Receive a report from Lewis McLain with CityBase.Net on the Town/MUD water study and discussion of same. Mr. McLain was not available to make the presentation. The item was tabled until a later date. TOWN COUNCIL TO CONVENE INTO JOINT EXECUTIVE SESSION WITH BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, dba TROPHY CLUB MASTER DISTRICT Council convened into Executive Session at 6:15 p.m. EXECUTIVE SESSION C.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property, the joint executive session will be held to discuss the following: Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility Council reconvened into Regular Session at 7:27 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION D.1 Discuss and take appropriate action relative to Executive Session Item Number E1. Council member Edstrom moved to add Council members Strother and Moss to fire committee and to proceed with the purchase of 300 Trophy Club Drive. Council member Strother seconded; motion carried unanimously. E.1 Adjourn. Council member Strother moved to adjourn at 7:29 p.m. Council member Edstrom seconded; motion carried unanimously. ___________________________________ ____________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 59 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.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. 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. EXPLANATION: The Ordinance will be provided under separate cover. This is a renewal of an existing contract with the collection attorneys who work with Denton County. 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. The Town has utilized these attorneys for the past several years for the collection of delinquent ad valorem taxes. With the addition of the PID assessments, the Town must add delinquent assessment collection services to its agreement. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Ordinance provided under separate cover. 2. Contract for the Collection of Delinquent Property Taxes and Public Improvement District Assessments 60 61 62 63 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.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. EXPLANATION: RECOMMENDATION: Staff suggests removing the vote determining if the meeting shall continue past 11:00 p.m. ACTION BY COUNCIL: Attachments: 1. Section C. Types of Meetings, 1. Regular Meetings, of Article VI, “Town Council Rules Procedures” Chapter 1, “Administration,” of the Code of Ordinances. 2. Proposed Ordinance 64 C. Types of Meetings 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. At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue past 11:00 p.m. 65 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 VARIOUS SUBSECTIONS OF SECTION 6.01; PROVIDING FOR AN AMENDMENT TO SUBSECTION “C(1)” “REGULAR MEETINGS” TO REMOVE THE VOTE DETERMINING IF THE MEETING SHALL 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, 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. At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue past 11:00 p.m.” SECTION 3. SAVINGS AND REPEALER 66 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 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 by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town and by amending the Code of Ordinances to reflect the changes adopted herein by Council. 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. ______________________________ Nick Sanders Mayor, Town of Trophy Club, Texas ATTEST: _________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: _________________________________ Town Attorney, Town of Trophy Club, Texas 67 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.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. a. Discuss and take appropriate action regarding Town Council informational forums and plan for resident notification relative to Charter Amendments and November election. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 68 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.C.7 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Items for Future Agendas 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 the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. (Council member Wilson – 5/5/08) 69 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.C.8 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. (b) Town Council report from EDC 4A Liaison, Council member Moss. (c) Town Council report from EDC 4B Liaison, Council member Strother. (d) Town Council report from Parks and Recreation Board Liaison, Council member Moss. (e) Town Council report from MUD Liaison Council member Wilson. Attachments: 1. None 70 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.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. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 71 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 72 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-21-2008 Subject: Agenda Item No.E.1 Adjourn.