Agenda Packet TC 07/07/2008 - Budget Workshop 1
Town of Trophy Club
Town Council Budget Workshop/Regular Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, July 7, 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.
A.6 Receive a report from Lewis McLain with CityBase.Net on the Town/MUD water
study and discussion of same.
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)
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)
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.
2
D.3 Discuss and take appropriate action regarding the Community Sign Program
Proposal and site plan for Trophy Club Drive.
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.
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.
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.
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
D.8 Discuss and take appropriate 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.
D.9 Discuss and take appropriate action regarding a preliminary drainage study, not
to exceed $12,000 on Timber Ridge Drive.
D.10 Discuss and take appropriate action regarding a professional services agreement
with Brinkley Sargent to conduct a needs assessment for police services.
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.
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.
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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.
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.
D.15 Discuss and take appropriate action to approve Minutes dated, June 16, 2008.
D.16 Items for Future Agenda.
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.
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.
E.2 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
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: 7-7-2008
Subject: Agenda Item No.A.3
Invocation.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
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: 7-7-2008
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: 7-7-2008
Subject: Agenda Item No.A.6
Receive a report from Lewis McLain with CityBase.Net on the Town/MUD
water study and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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)
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: Rezone Churchill Downs Subdivision
from R-15 Single Family Residential
to Planned Development No. 29, Single Family
Residential
PURPOSE: To bring annexed property into zoning conformance
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
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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 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.
ANALYSIS:
Of the 35 single family lots, only two conform to the R-15 zoning regulation which
requires a minimum lot size of 15,000 sq. ft. Rezoning to a planned development with a
10,000 sq. ft. minimum lot size, and creating design standards that will apply to each lot,
will bring all 35 lots into zoning conformance.
Churchill Downs streets, entryway gate, and entryway landscaping and sod will become
privately owned by the subdivision’s Homeowners Association, but storm sewer and
utility easements will remain Town property.
Applicants are requesting 45% lot coverage in order to build a minimum 3,000 sq. ft.
home on each lot.
Current Setbacks: Rear 20
Side Yard 7.5
Side Yard Adjacent to Street 15
Requested Setbacks in PD: Rear 15
Side Yard 7
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Side Yard Adjacent to Street 10
Front yard setbacks (25-ft.), lots widths, and lot depths to remain the same.
Architectural Features in Exchange for PD Zoning:
• Each residence must have an attached 3-car garage; two must be side entry and
one can face the street if the one-car garage is setback at least 50-ft. from the street.
Garage doors must be cedar. No driveways are allowed on Derby Way.
• Exterior surface of all residential dwellings must not be less than 95% masonry and
stone coverage.
• 4-ft. sidewalks throughout the subdivision are required.
• Six (6) ft. masonry Subdivision Wall along Trophy Park Dr. (currently Marshall Creek
Dr.) and along the east and west border of the subdivision has been built by the
developer.
• Perimeter fencing Facing Corps of Engineers property must be cedar or ornamental
iron.
A replat, giving ownership of the streets, entryway gates, and entryway landscaping and
sod to the HOA, and dedicating the storm sewer and easements to the Town will be
presented to the Planning & Zoning Commission on July 17, 2008, and to the Town
Council on August 4, 2008.
HOMEOWNERS ASSOCIATION: Todd Price has submitted an estimated $17,500
annual budget for Churchill Downs Homeowners Association. The $17,500 is reached
by collecting $500 per year from each of the 35 lots in the subdivision. This budget
anticipates $80,000 set aside for street repair at Year Ten (10).
PUBLIC HEARING: As required, a Public Hearing notice was published in the local
newspaper on June 6, 2008. Written notification to all property owners within 200-ft. of
this subdivision were notified of this request.
WAIVER OF FEES: At the May 5, 2008 Council meeting, the Mayor suggested that
Council may allow waiver of fees for rezoning and replatting of Churchill Downs.
Fee for Rezoning to a PD = $400 plus $10 per residential lot (35 lots): $750
Fee for Replatting Straight Zoning to a PD = $200 plus $10 per lot (35): $550
Filing of mylar; pass-through fees charged by Denton County: $50-$100
(approx.)
The above fees have not been collected. Does Council wish to waive any of the above
fees?
PLANNING AND ZONING COMMISSION RECOMMENDATION: Vice Chairman
Stephens made a motion to recommend approval of the zoning change request for
Churchill Downs Subdivision from “R-15” Single Family Residential to “PD-29” Planned
Development No. 29 with the following stipulations added to the PD Development
Standards:
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• No driveways on Derby Way.
• Garage Doors must be cedar.
• Any portion of the exterior masonry that is not directly supported by the masonry
brick ledge must have engineered stamped drawings.
The motion was seconded by Commissioner Sheridan.
Ayes: Hill, Stephens, Reed, Sheridan, Forest
Nays: None
Action: 5-0, Approved
STAFF RECOMMENDATION:
• Rezoning to a planned development will bring all 35 lots into zoning conformance by
granting a minimum lot size of 10,000 sq. ft. In addition, the developers will receive
the design standards that they desire.
• Staff’s desire is to see conformance of all 35 lots, as well as clearly stated design
standards that are understood and followed by the builders and staff alike to create
harmonious building plan review. Staff believes these objectives will be achieved by
approval of this rezoning request. Staff recommends approval with direction from
Council regarding collection of fees.
Attachments: Zoning Application
Zoning Exhibit
Planned Development No. 29 Development Standards
Homeowners Association Estimated Annual Budget
Notice of Public Hearing Placed in Trophy Club Newspaper June 6, 2008
Property Owners Notified within 200-ft.
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20
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Churchill Downs HOA
Estimated Annual Budget
$500 Annually Per Home Owner or Lot Owner* ($17,500 Annual Budget)
Budget Items Monthly Annually
Water $150 $1800
Electricity $100 $1200
Landscaping $375 $4500
20% Misc. $0 $2000
80% Street Repair $0 $8000
10 Years will have $80,000 in Savings for Street Repair (Not including interest)
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: June 3, 2008
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time/ June 6, 2008 SUBJECT: Churchill Downs Rezoning
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, June 19, 2008
TOWN COUNCIL
Monday, July 7, 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, June 19, 2008, to consider a request for
zone change for an approximate 12.2643 acres of land known as Churchill Downs,
Lots 1-8, Block A and Lots 1-27, Block B; from its current zoning of R-15 – Single
Family Residential to PD Planned Development No. 29, Churchill Downs;
amending Ordinance No. 2000-06 P&Z of the Town, the same being the
Comprehensive Zoning Ordinance, and Amending the Official Zoning Map of the
Town by changing the zoning, providing that such tract of land shall be used in
accordance with the requirements of the Comprehensive Zoning Ordinance and
all other applicable ordinances of the Town. (ZCA-08-013)
The Town Council will hear the above item on July 7, 2008, in the Boardroom of
the Municipal Utility District Building, 100 Municipal Drive at 7:00 p.m.
Property Owner Notification
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29
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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)
ACTION: Approval of Ordinance to allow zoning change from “R-15” to “PD-29”
Churchill Downs. The ordinance will be emailed to Council members on Thursday, July
3, 2008.
(ch)
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
The Oak Hill, Avenue Twenty, Brook Hollow Court, Brook Hollow Lane, and Timber
Ridge paving and drainage improvement project was awarded to Conatser at the last
Council meeting. The Contract has been prepared and is ready to be executed
following Council approval of the document.
RECOMMENDATION:
Staff recommends approval of the contract with Conatser for paving and drainage
improvements in the amount of $1.927,779.50.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Insert from Minutes dated June 16, 2008
2. Construction Agreement
31
C.6 Discuss and take appropriate action regarding the award of bid for the
Street Bond project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook
Hollow Court) and authorizing the Mayor or his designee to execute all
necessary contract documents.
Town Manager Emmons stated this is a continuation of the 2001 Street Bond project
and is the final construction project utilizing those funds. After the first phase of this
program the Town had $3.26 million available for street repairs on approved streets.
The Town expended $1.67 million for repairs on Timberline, Greenleaf, and Trophy
Club Drives, leaving approximately $1.58 million left out of the issue to use on Oak Hill,
Avenue 20, Brook Hollow Lane, and Brook Hollow Court. Also included was a paving
and sub-drain project in this bid package for Timber Ridge. This street is not eligible for
bond proceeds.
Town Manager Emmons explained that of the six bids; Conaster was the low bidder at
approximately $1,793,600, a drainage and paving project on Timber Ridge was also
included in this amount. Town staff and Town Engineer, Tom Rutledge, have reviewed
the bids and references and recommends awarding the bid to Conastar.
Conaster has confirmed in writing, their understanding of the specific construction
requirements for these projects. The recommendation letter is only for the projects that
will be funded by bond funds. Council has the opportunity to recommend whether they
want to include the drainage and paving project on Timber Ridge project in the contract.
Mayor Sanders said Council member Strother has worked with Conaster in his personal
business and they do both utilities and paving. Strother reviewed the bid tabulation and
contract document and he is in favor of awarding the bid to Conaster.
Motion made by Edstrom; seconded by Wilson to award the bid for the Street Bond project (Oak
Hill, Avenue 20, Brook Hollow Lane and Brook Hollow Court) not to exceed $1,927,799.50;
including a paving and sub-drain project in this bid package for Timber Ridge and the portion for
water line replacement paid by the Utility District not to exceed $300,000.00, and authorizing the
Mayor or his designee to execute all necessary contract documents to Conastar.
Town Manager Emmons said staff will hold a Town Hall meeting and bring back the contract for
ratification at the July 7th meeting.
Motion passed unanimously without further discussion.
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37
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding the Community Sign
Program Proposal and site plan for Trophy Club Drive.
EXPLANATION:
The proposed Community Sign Program is one similar to the sign program approved on
Indian Creek Drive. The purpose of the program is to provide assistance to visitors or
future residents that may not be familiar with the Town of Trophy Club.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Community Sign Program Proposal for Trophy Club Drive
38
June 24, 2008
Mr. Brandon Emmons
Town Manager-Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Community Sign Program Proposal for Trophy Club Drive
Dear Mr. Emmons,
High Trophy Development, LLC. known as the “Developer,” for the Highlands at Trophy
Club would like to request the opportunity to implement a permanent “Community Sign”
sign program that would include various key median site locations along Trophy Club
Drive.
The Community Sign program will provide marketing for various builders and amenities
to future residences for the Highlands at Trophy Club and Turnberry Addition. The first
proposed Community Sign will be located at the south portion of the thoroughfare
median located at the 800 block of Trophy Club Drive which is situated between the
Church @ Trophy Lakes and the Trophy Club Tennis Center. As the phases and
thoroughfare improvements near completion, The Developer will propose additional
median site locations near various model home locations and along the completed Hwy
377 thoroughfare plan south of the new Byron Nelson High School. The Community
Sign program will be updated occasionally to provide directions through the new
development for a period not to exceed 84 months (December 31, 2015) or until the
final home sale in the Highlands at Trophy Club and Turnberry Additions, which ever
comes first.
Attached with this letter is a copy of the site plan we would like the Town of Trophy Club
to approve. By granting the Developer the right to install the permanent community
sign, the Developer, would perform obligations set forth by all local and state regulated
municipalities for the proper establishment of these site(s) including but not limited to
the following: (i) permits, (ii) fees, and (iii) maintenance. At anytime, if the Community
Sign(s) are damaged, the Developer will re-install a community sign of the same
standards as approved by the Town of Trophy Club. After 84 months, the Developer
will remove the sign program under written notice by the Town of Trophy Club. Any
sections/locations that will be damaged when we remove the Community Sign will be
resodded to the similar standards prior to the establishment of the site.
Sincerely,
______________________
Alvin J. Jackson, Jr.
Marketing/Sales, High Trophy Development, LLC.
39
If you are willing to accept these terms outlined above and approve the site plan
included herein, please have an authorized representative indicate so by signing below.
Town of Trophy Club
By: ___________________________
Printed Name: ___________________________
Date: ___________________________
40
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
The CRC has advanced XX proposed amendments for recommendation to the Town
Council to be placed on the November ballot. Staff is seeking Council’s direction on
how to proceed.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. CRC Proposed Amendment Log
41
Charter Review Commission Draft Amendment Log
Date
Received
Input/Author Draft
Amendment
Abstract
Reference
No.
Date
Discussed
CRC
Approved
(Yes or
No)
Feb 11,
2008 Bill Rose
Add 2 Council
members and
retain majority
membership
required
concept.
001
Replaced
by REF
024
-----
Feb 11,
2008 Bill Rose
Align Petition
for Recall with
State
requirements
002
Combined
with REF
28
became
REF 036
-----
Feb 11,
2008
Pearl Ford
Bill Rose
Change from
At-Large to At-
Large by Place
elections
003 6/30/08 No
Feb 11,
2008 Bill Rose
Add: Violates
any express
prohibition of
the charter, to
Section 3.04
004 6/23/08
Amended Yes
Feb 11,
2008 Bill Rose Clarify Grounds
for Recall 005 6/23/08 Yes
Feb 11,
2008 Bill Rose
Reduce
required
signatures for
Initiative and
Referendum
006 6/30/08 Yes
Feb 11,
2008 Bill Rose Add Term
Limits 007
Replaced
by REF
014
-----
Feb 14,
2008 Neil Twomey
Require the
Town to set a
rate order
equal to rate
orders set by
the Municipal
Utility District
008 5/17/08 No
April 7,
2008
Kathleen
Wilson
Dick Hobday
Change
Council Terms
from 2 to 3
009
Combined
with REF
10
-----
42
Date
Received
Input/Author Draft
Amendment
Abstract
Reference
No.
Date
Discussed
CRC
Approved
(Yes or
No)
years Replaced
by REF
024
April 7,
2008 Bill Rose Add 1
Councilmember 010
Combined
with REF 9
Replaced
by REF
024
-----
April 7,
2008 Dick Hobday
Add the Town
to created a
Charter Review
Commission
011
Replaced
by REF
025
-----
April 14,
2008
Susan
Edstrom
Bill Rose
Non-binding
Referendum 012 5/5/08 No
April 14,
2008 Bill Rose
Add Mayor
voting on all
matters
013 6/23/08 Yes
April 14,
2008
Kathleen
Wilson
Bill Rose
Term Limits 014 6/30/08 No
April 14,
2008 Dick Hobday
Conflict of
Interest and
Abstention
Town Council
Procedure
015 6/23/08
Amended Yes
April 28,
2008
Kathleen
Wilson
Bill Rose
Filling
Vacancies 016 6/23/08
Yes
May 17,
2008
Roger
Williams
Resignation of
Council
Member Seat.
017 6/23/08 Yes
May 17,
2008 Dick Hobday
Reduce Recall
Signatures
Required
018 6/30/08 Yes
May 17,
2008
Roger
Williams Franchise Term 019
Replaced
by REF
032
-----
May 17,
2008
Larry
Crosser
Roger
Williams
Budget
Process
Enhancement
020
Replaced
by REF
031
-----
43
Date
Received
Input/Author Draft
Amendment
Abstract
Reference
No.
Date
Discussed
CRC
Approved
(Yes or
No)
Ben
Brewster
Bill Rose
May 17,
2008
Roger
Williams
Appointment of
Town Attorney 021 6/23/08 No
May 17,
2008 Dick Hobday
Align Majority
of Council
Verbiage
022 6/18/08 No
May 17,
2008
Brandon
Emmons
Bill Rose
Agenda
Request 023 6/23/08
Amended Yes
May 17,
2008
Bill Rose
Dick Hobday
Add 1
Councilmember
and Three Year
Terms
024
Replaced
by
REF 026
-----
May 17,
2008
Dick Hobday
Bill Rose
Charter Review
Commission 025
Advanced
TBD
7/7/08
June 2,
2008
Dick Hobday
Bill Rose
Add 1
Councilmember
and Three Year
Terms
026
Amended
into two
PAs REF
033 and
034
-----
June 2,
2008
Connie
White
Bill Rose
Add Council
Compensation 027 6/23/08 Yes
June 16,
2008
Patricia
Adams Bill
Rose
Comply with
Texas Election
Code
028
Combined
with
REF 02
became
REF 036
-----
June 16,
2008 Bill Rose
Clarify
Appointment
Procedure
029 6/23/08 Yes
June 16,
2008
Greg Lamont
Bill Rose
Code of Ethics
and Conduct 030 6/30/08
Revised Yes
44
Date
Received
Input/Author Draft
Amendment
Abstract
Reference
No.
Date
Discussed
CRC
Approved
(Yes or
No)
June 16,
2008
Larry
Crosser
Roger
Williams
Ben
Brewster
Bill Rose
Budget
Process
Enhancement
031
Advanced
TBD
7/7/08
June 16,
2008
Roger
Williams Franchise Term 032
Advanced
TBD
7/7/08
June 30,
2008
CRC/Bill
Rose
Add One
Councilmember 033
6/30/08
Amended
PA
REF 026
Yes
June 30,
2008
CRC/Bill
Rose
Add Three
Year Terms. 034
6/30/08
Amended
PA
REF 026
Yes
June 30,
2008
CRC/Bill
Rose
At-Large-by
Place election 035 6/30/08 Yes
June 30,
2008
CRC/Bill
Rose
Comply with
Texas Election
Code
036
6/30/08
Combined
REF 002
and 028
Yes
45
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
Oncor has filed a general rate increase with the Public Utilities Commission of Texas
that will increase their rates by approximately $275 million. The passage of this
resolution will allow the Town of Trophy Club to join with a group other cities known as
the Alliance of TXU/Oncor Customers (ATOC) in the proceedings before the
Commission. The Resolution will also authorize the firm of Herrera & Boyle, PLLC to
act on behalf of the Town during these proceedings. The Council will need to take
action regarding this rate increase by August 8, 2008. The action necessary will be
passage of a resolution either suspending the case or denying the case.
RECOMMENDATION
Approval of the Resolution (bse)
Attachments: 1. Information Memo
2. Resolution
46
AGENDA INFORMATION SHEET
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.
PARTICIPATION WITH COALITION IN
CONNECTION WITH ONCOR’S 2008
RATE REQUEST
47
TOWN OF TROPHY CLUB
RESOLUTION NO. 2008-
A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TROPHY
CLUB, TEXAS AUTHORIZING 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 or about July 1, 2008 Oncor Electric Delivery Company ("Oncor")
is to file a request to increase its transmission and distribution rates by more than $275
million; 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
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 TOWN OF TROPHY CLUB, TEXAS THAT:
48
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 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 this 7th day of July 2008.
________________________________
Nick Sanders, MAYOR
ATTEST:
__________________________
TOWN SECRETARY
APPROVED AS TO FORM:
__________________________
TOWN ATTORNEY
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Ordinance
50
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, BY AMENDING
SECTION “SECTION 8.16” “PUBLIC WORKS FOR
PUBLIC IMPROVEMENT DISTRICT NO. 1;” PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Fees imposed by the Town are adopted via Ordinance and are
codified in the Administration Chapter of the Code of Ordinances of the Town: and
WHEREAS, Chapter 1, Article VIII, Section 8.16 of Code of Ordinances contains
fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter
“PID”), including fees for meters utilized within the PID; and
WHEREAS, Since Town Design Standards require a minimum one inch (1”)
meter and the regulations currently in Section 8.16 impose fees for meters smaller than
one inch (1”), the Town has determined that Section 8.16 of Article VIII, Chapter 1 of the
Code of Ordinances should be amended so that all references to meter sizes of five-
eights inch (5/8”) and three-fourths inch (3/4”) are changed to a meter size of one inch
(1”); and
WHEREAS, the fees imposed in Section 8.16 of Article VIII will remain the same;
and
WHEREAS, the Town Council hereby finds that the amendment of Section 8.16
of Article VIII, 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
51
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.16, entitled
“Public Works for Public Improvement District No. 1” so that Section 8.16 is hereby
revised to be and read as follows:
“Section 8.16 – Public Works for Public Improvement District No. 1
Connection Fee:
1” $2,300.00
Impact Fee:
1” meter $1,536.00
Meter Fee:
Domestic 1” meter $ 240.00
Monthly Residential & Commercial Water Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000 gallon
7,000 to 12,999 gallons per month $ 2.64/1,000 gallon
13,000 to 25,999 gallons per month $ 2.84/1,000 gal
26,000-plus gallons per month $ 2.94/1,000 gal
Monthly Residential Wastewater Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000 gallon
7,000 to 12,999 gallons per month $ 2.64/1,000 gallon
13,000 gallons maximum per month
Monthly Commercial Wastewater Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000 gallon
7,000 to 12,999 gallons per month $ 2.64/1,000 gallon
13,000-plus gallons per month $ 2.64/1,000 gallon
Returned Checks: $ 25.00
Security Deposits:
Builders $ 75.00
Residential Owners $ 50.00
Residential Lessees $ 150.00
52
Service Line Inspection and Lead Test: $ 150.00”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees 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. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof 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 the 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.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
53
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 7TH day of July, 2008.
_______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
54
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. First Modification of Contract for Water Supply and Wastewater
Treatment, Between the Town of Trophy Club, Texas, Trophy Club
Municipal Utility District No. 1 and Trophy Club Municipal Utility District
No. 2
55
THE STATE OF TEXAS §
§ First Modification of Contract for Water Supply §
and Wastewater Treatment, Between the Town § of
Trophy Club, Texas, Trophy Club Municipal
§ Utility District No. 1 and Trophy Club Municipal §
Utility District No. 2
COUNTY OF DENTON §
THIS the first modification of the Contract For Water Supply And Wastewater Treatment
effective November 20, 2007, (hereinafter “Contract”) by and between THE TOWN OF
TROPHY CLUB, TEXAS, a home rule municipality located in Denton and Tarrant Counties
(hereinafter “Town”), TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (hereinafter
“MUD1”), and TROPHY CLUB MUNICIPAL UTILITY NO. 2 (hereinafter “MUD2”), both Districts
created pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code,
Chapter 54, hereafter referred to collectively as “MUDs” is made and entered into on this the
_____ day of ____________, 2008, by and between Town and MUDs, (hereinafter “First
Modification”).
W I T N E S S E T H :
WHEREAS, Town, MUD1 and MUD2 entered into a Contract on or about November 20, 2007
after final approval of the respective governing bodies for each of the parties; and
WHEREAS, In June, 2008, the parties determined it necessary to modify the Contract in order
to revise its terms so that references to a five-eighths inch (5/8”) meter would be
changed to a one inch (1”) meter in order to be consistent with Town Design
Standards; and
WHEREAS, Town, MUD1 and MUD2 find such modifications as specifically set forth in this
First Modification to be necessary and to reflect their agreement;
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable
consideration, the parties hereto agree as follows:
I.
Incorporation of Agreement
The Contract is incorporated herein as if written word for word. Except as specifically
provided below, all other terms and conditions of the Contract 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 First Modification and the Contract, priority of interpretation shall be in
the following order: First Modification; Contract.
II.
Modification of Contract
2.01 Modification of Section 1.2. Effective as of the day and year first written above,
Subsection 1.2 entitled “Definitions” listed under Article I of the Contract entitled “Incorporation /
Definitions / Exhibits” is hereby modified so that the definition of “Utility Fee” shall be and read in
its entirety as follows:
56
1.2 Definitions. Unless the content indicates otherwise, the following words used in
this Contract shall have the following meanings:
Utility Fee means a payment of $2300 charged to each applicant for a residential
building permit in need of a one inch (1”) meter, which payment shall be to compensate
MUDs for the right of such applicant to access and receive Water Supply Transmission
Services and Wastewater Treatment from Existing Infrastructure. In the case of a
residence requiring a separate fire line having a second meter, the $2,300 charge shall
not apply to such second meter.
2.02 Modification of Section 4.1. Effective as of the day and year first written above,
Subsection B entitled “Utility Fees” listed under Section 4.1 entitled “Consideration” of Article IV
entitled “Compensation to MUDS For Access To Existing Infrastructure” is hereby modified so
that Section 4.1, Subsection B “Utility Fees” shall be and read in its entirety as follows:
B. Utility Fees. Town’s fee schedule provides that an Utility Fee shall be paid to
Town by the applicant for each residential building permit in need of a one inch (1”)
meter, which fee shall be paid by Town to MUDs in accordance with the terms of this
section in order to compensate MUDs for the right to access and receive Water Supply
Transmission Services and Wastewater Services from Existing Infrastructure. Should
applicant refuse to pay the Utility Fee, Water and Wastewater connection and services
will be denied. Upon collection of one or more Utility Fees by Town, such Utility Fees
shall, within ten (10) working days, be deposited by Town into an account designated by
MUDs (hereinafter “MUDs Account”). Town shall continue to collect and to deposit such
Utility Fees into MUDs Account in accordance with the existing agreement between the
MUDs until such time as the total amount paid into that account equals $3,260,000.
Town shall collect and deposit a minimum of one hundred fifty (150) Utility Fees each
year, for a total of five (5) successive years commencing on May 7, 2008 (hereinafter
“Collection Period”). In the event that more than 150 Utility Fees are collected by Town
in any one or more years of the Collection Period, such Utility Fees in excess of the 150
Utility Fees required under this Section shall be carried over to the following year or
years and shall be a credit toward the total Utility Fees due for such subsequent year or
years. In the event that fewer than 150 Utility Fees are collected by Town during any
one or more year(s) of the Collection Period, including those Utility Fees carried over
from any given year in which more than 150 Utility Fees were collected by Town, Town
shall within ten (10) working days of collection of such Utility Fees from Developer, pay
into MUDs Account the difference between the amount that would have been paid had
150 Access Fees been paid at $2,300 each and the amount of Utility Fees actually
collected by Town. On or about May 7, 2013, Town shall calculate the total amount of
Utility Fees paid to MUDs. Town shall provide MUDs written notice of any amount paid
less than $3,260,000 (the "Utility Fee Remainder"). The Utility Fee Remainder shall
either be paid in thirty (30) days of Town’s receipt of that payment from Developer
pursuant to the Development Agreement, or within such thirty (30) day period, a letter of
credit, or other financial security, which secures ten percent (10%) annual rate of interest
of the Utility Fee Remainder, shall be obtained from Developer by Town pursuant to the
Development Agreement. Annually thereafter, Town shall obtain from Developer
pursuant to the Development Agreement, a letter of credit or other financial security, as
approved by Town, for the benefit of the MUDs and securing the ten percent (10%)
annual rate of interest of any remaining amount of Utility Fees paid less than
$3,260,000, until the full $3,260,000 is paid. The parties understand that the Town is not
57
required to obtain or to provide any additional security for the payments due hereunder;
however, in the event that the Town obtains any letters of credit or other financial
security in addition to those obtained pursuant to this Section, such letters of credit or
security shall be obtained for the benefit of MUDs as security to ensure that payment of
the $3,260,000 plus accrued interest, due to MUDs shall be paid in full. Calculation and
payment of secured interest above referred to shall be as follows:
Interest at ten percent (10%) per annum shall be payable at the end of each year
on the average amount due and unpaid for that year. It shall begin to accrue on May 8,
2013, and shall be payable annually according to the following formula:
Where A equals the Utility Fee Remainder at the beginning of the year, and,
where B equals the Utility Fee Remainder at the end of the year, then A plus B divided
by two (2) and multiplied by ten percent (10%) will be the interest due for the year. If the
foregoing calculation of interest results in interest greater than the maximum amount
allowed by applicable law, then the amount of interest for that period will be reduced to
equal the maximum amount allowed by law.
IN WITNESS WHEREOF, this First Modification shall become effective upon the date first
written above, such date being subsequent to the date of approval of this First Modification by
the respective governing bodies of each of the parties hereinto in accordance with the law.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ ______________________________
Nick Sanders, Mayor
ATTEST:
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
____________________________________
Patricia A. Adams, Town Attorney
TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 1
Date: ______________
Dean Henry, President MUD1
ATTEST:
58
APPROVED AS TO FORM:
____________________________________
Bob West, MUD1 Attorney
TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 2
Date: ______________
Jim Budarf, President MUD2
ATTEST:
APPROVED AS TO FORM:
____________________________________
Pamela Liston, MUD2 Attorney
59
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.D.8
Discuss and take appropriate 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.
EXPLANATION:
The Town’s Design Standards do not allow a meter size less than one inch. The
proposed modification to Article III, Section 3.3 of the Highlands At Trophy Club
Development and Public Improvement District Agreement amends that agreement to
reference a one inch meter rather than a five-eighths inch meter in order to meet Design
Standards.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. First Modification of the Highlands at Trophy § Club Development and
Public Improvement § District Agreement
60
THE STATE OF TEXAS §
§ First Modification of The Highlands At Trophy
§ Club Development and Public Improvement
§ District Agreement
COUNTY OF DENTON §
THIS the first modification of the Highlands at Trophy Club Development and Public
Improvement District Agreement effective May 7, 2007 by and between by and between 831
Trophy, L.P., a Texas limited partnership, and High Trophy Development L.L.C., a Texas
limited liability company (collectively, the "Owner"), and the Town of Trophy Club, a home rule
municipality located in Denton and Tarrant County, Texas (the "Town") (hereinafter
“Agreement”) is made and entered into on this the _____ day of ____________, 2008, by and
between Owner and Town (hereinafter “First Modification”).
W I T N E S S E T H :
WHEREAS, Town and Owner entered into an Agreement on or about May 7, 2007 which
contains a provision for payment of utility fees for water meters which are five-
eighths inch (5/8”) or larger in order to compensate the Town for the purchase of
water supply and wastewater treatment capacity; and
WHEREAS, The Town Design Standards require a minimum one inch (1”) meter; and
WHEREAS, In June, 2008, the parties determined it necessary to modify the Agreement in
order to revise Section 3.3 of the Agreement to change the existing references
to a five-eighths inch (5/8”) meter to refer to a one inch (1”) meter in order to be
consistent with the Town’s Design Standards; and
WHEREAS, Town and Owner find such modifications as specifically set forth in this First
Modification to be necessary and to reflect their agreement;
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable
consideration, the parties hereto agree as follows:
I.
Incorporation of Agreement
The Agreement is incorporated herein as if written word for word. Except as specifically
provided below, all other terms and conditions of the Agreement 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 First Modification and the Agreement, priority of interpretation shall be
in the following order: First Modification; Agreement.
II.
Modification of Agreement
2.01 Modification of Section 3.3. Effective as of the day and year first written above,
Section 3.3 entitled “Utility Fees” listed under Article III of the Agreement entitled “Development
Charges” is hereby modified so that the Section 3.3 “Utility Fees” shall be and read in its entirety
as follows:
61
3.3 Utility Fees. After the Town issues the PID Bonds and within 30 days of the award of a
contract for the construction of the Water Tower, Owner shall pay $540,000 to the Town
to purchase water supply capacity and wastewater treatment capacity which the Town
intends to acquire and operate for the benefit of the Property. The Town shall charge
each applicant for a residential builder permit in need of a one inch (1”) meter a fee of
$2,300 for such water and wastewater capacity; provided however, that such fee shall
increase as meter size increases in accordance with applicable Town ordinances.
Owner guarantees that a minimum of one hundred fifty (150) one inch (1”) meter fees
will be paid to the Town each year, for a total of five (5) successive years (hereinafter
“Owner’s Guarantee”). Calculation of Owner's Guarantee shall begin May 7, 2008 and
shall be paid in arrears. Owner’s Guarantee shall be cumulative over the five year
period so that in the event that the number of meter fees collected by Town in any given
year exceeds 150, the number in excess of 150 shall be carried over to the subsequent
year as a credit toward Owner’s Guarantee. In the event that fewer than 150 meter fees
are collected by the Town during any one or more year(s) of the five year period of
Owner’s Guarantee, including those meter fees carried over pursuant to this section,
Owner shall within ten (10) days written notice, pay Town the difference between the
amount that would have been paid had 150 meter fees been paid at $2,300 each and
the amount of meter fees actually collected by the Town. On or after May 7, 2013, the
Town shall calculate the total amount of master fees paid by Owner. The Town shall
provide Owner written notice of any amount paid less than $3,260,000 (the "Meter Fee
Remainder"). The Meter Fee Remainder shall either be paid in thirty (30) days of notice,
or a letter of credit, or other financial security, as approved by the Town, shall be
submitted to the Town, securing ten percent (10%) annual rate of interest of the Meter
Fee Remainder. Each May 7th thereafter, Owner shall provide a letter of credit or other
financial security, approved by the Town, securing the ten percent (10%) annual rate of
interest of any remaining amount of meter fees paid less than $3,260,000, until the full
$3,260,000 is paid. Payments towards Owner's Guarantee will be credited toward future
meter fee obligations and are not a penalty.
IN WITNESS WHEREOF, this First Modification shall become effective upon the date first
written above.
TOWN OF TROPHY CLUB,
DENTON COUNTY, TEXAS
By:
C. Nick Sanders, Mayor
ATTEST: APPROVED AS TO FORM:
By: ____________________________ By: ____________________________
Lisa Hennek, Town Secretary Patricia A. Adams, Town Attorney
62
STATE OF TEXAS §
§
COUNTY OF DENTON §
Before me, the undersigned authority, on this day personally appeared Nick Sanders,
Mayor of the Town of Trophy Club, Denton County, Texas, a home rule city, and acknowledged
to me that he executed the same on behalf of said Town.
Notary Public in and for the State of Texas
63
Owner:
831 Trophy, L.P.,
a Texas limited partnership,
By: MMM Ventures, LLC,
its general partner
By:
Name: Mehrdad Moayedi
Title: Managing Partner
APPROVED AS TO FORM:
By: ____________________________
Name:
Attorney for 831 Trophy L.P.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority, on this day personally appeared Mehrdad
Moayedi, Managing Partner of MMM Ventures, LLC, general partner of 831 Trophy, L.P., a
Texas limited partnership, and acknowledged to me that he executed the same on behalf of said
limited partnership.
Notary Public in and for the State of Texas
64
Owner:
High Trophy Development, L.L.C.,
a Texas limited liability company,
By: ________________________________
Name: Brad Biber
Title: Manager
APPROVED AS TO FORM:
By: ____________________________
Name:
Attorney for High Trophy Development, L.L.C.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority, on this day personally appeared Brad Biber,
Manager of High Trophy Development, L.L.C., a Texas limited liability corporation, and
acknowledged to me that he executed the same on behalf of said limited partnership.
Notary Public in and for the State of Texas
65
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.D.9
Discuss and take appropriate action regarding a preliminary drainage
study, not to exceed $12,000 on Timber Ridge Drive.
EXPLANATION:
Item requested by Council member Moss.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None
66
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding a professional services
agreement with Brinkley Sargent to conduct a needs assessment for police
services.
EXPLANATION:
An accurate and independent needs assessment of the Police Department and its
facilities is an important tool in planning the future of the Trophy Club Police
Department. This study will help guide the Town as decisions are made regarding
future police facilities.
RECOMMENDATION:
Approval of the Contract with Brinkley Sargent Architects in the amount of $18,000.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Information Memorandum
2. Contract with Brinkley Sargent Architects
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MEMORANDUM
To: Mayor, Council Members, and Town Manager Date: June 30, 2008
From: Chief Kniffen Re: Needs Assessment
In May, 2007, Council approved a Request for Proposal/Request for Qualifications (RFP/RFQ) for a
needs assessment study regarding building a new police facility. Brinkley Sargent Architects (BSA) was
selected to provide the needs assessment.
BSA has submitted a proposed needs assessment contract to be considered July 7, 2008. A copy of the
proposed needs assessment contract is attached.
This needs assessment is the first step toward realizing our eventual goal of a new police building. The
condition of the current building has not improved since the approval of the RFP/RFQ for the needs
assessment.
I respectfully request approval of this contract for the needs assessment to give us the necessary
information to continue to plan for our future growth.
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CONTRACT FOR PROFESSIONAL ARCHITECT SERVICES
POLICE DEPARTMENT NEEDS ASSESSMENT
THIS CONTRACT made and entered into on the date last stated below between the
Town of Trophy Club, Tarrant County, Texas hereinafter called “TOWN”, acting by and
through the Town Manager, duly authorized to act on behalf of the TOWN and Brinkley
Sargent Architects, hereinafter called “ARCHITECT”, acting by and through Harold
Sargent, duly authorized to so act on behalf of the ARCHITECT.
WHEREAS, the TOWN desires PROFESSIONAL ARCHITECTURAL services in
connection with a NEEDS ASSESSMENT & FACILITIES MASTER PLAN for the Town
of Trophy Club, hereinafter called “the PROJECT”; and
WHEREAS, the TOWN has determined that the ARCHITECT has experience in the
area involved in the Project and is qualified to perform the work, and the ARCHITECT is
willing to enter into a contract with the TOWN to perform the
ARCHITECTURAL/PROGRAMMING/CONCEPTUAL PLANNING services desired by
the TOWN in connection with the PROJECT.
THE TOWN AND ARCHITECT AGREE AS FOLLOWS:
The TOWN hereby retains the ARCHITECT to perform services in connection with the
PROJECT described above.
SCOPE OF SERVICES
The scope of services to be performed by the ARCHITECT shall be as follows:
Approach to Project
The general approach to the Project will be to involve all stakeholders in the process.
This includes dialogue during the needs assessment process, as well as
recommendations coming out of the process. The process will be one of documenting
existing, forecasting future needs, and giving direction on how best the TOWN can
respond to those needs within budget constraints.
Detailed Scope of Services
1. Develop a Needs Assessment for the police department for the current and
future 20 year timeframes.
The needs assessment process includes a five-step process:
• Data Collection -ARCHITECT will develop a list of information required to
start the process, and the TOWN staff will be responsible for gathering this
information. This information includes current and future population,
staffing, court dockets, organizational charts, public interaction
requirements, and department and visitor parking requirements.
• Data Review - ARCHITECT will review data and develop an outline to be
used in the meetings with the various departments involved with this
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Project. This will allow knowledgeable questions to be asked and correct
responses given.
• On-Site Meetings - ARCHITECT will conduct an on-site interview with
TOWN staff in each specialized area of the facility. The TOWN can
choose their spokespersons, but typically ARCHITECT would visit with the
Department Heads and Staff.
• Develop Preliminary Report - ARCHITECT will develop a preliminary
report for review by TOWN staff. This report will identify staff, square
footage requirement for each staff member and give a written description
of that department's decisions. It will address adjacency requirements,
storage needs, and common meeting room requirements as well as
general departmental parking needs. The review will be conducted with
the same staff that had input to the process thereby assuring
communication throughout the process.
• Modify Report - ARCHITECT will take the comments from meetings with
TOWN and modify the report as necessary to meet the desires of the
TOWN.
2. Site Requirements:
• Determine site needs, including site review of a maximum of one pre-
selected sites including future parking requirements.
3. Develop Budget Options:
• Utilize needs assessment information to develop detailed project budgets
including all known aspects of the project. This includes construction,
equipment and furnishings, indirect and site acquisition costs,
TOWN’S RESPONSIBILITIES
So as not to delay the services of ARCHITECT, the TOWN shall do the following in a
timely manner:
Provide Existing Data
1. Organizational chart for each department being studied and overall TOWN
organizational chart
2. Site plat of proposed site
3. Questionnaire on departments’ operational methods (provided by ARCHITECT).
4. Count of TOWN and staff cars
5. Last published budget of TOWN
6. Population projections and demographic makeup of TOWN
7. Zoning map and thoroughfare plans
8. Any goals statement of TOWN
Existing data delivered to the ARCHITECT by the TOWN remains the property of the
TOWN and must be returned to the TOWN after completion of the PROJECT.
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Provide Access
TOWN shall arrange for access to, and make all provisions for, ARCHITECT or
ARCHITECT’S Subconsultants to perform services under this AGREEMENT.
SCHEDULE
Schedule
The ARCHITECT’S services shall be performed in a timely manner consistent with
sound professional practices.
Based upon timely response by the TOWN to required information, availability of meeting times and
review time, ARCHITECT shall complete the work according to the following schedule:
PHASE TIME ALLOCATED
Departmental Needs Assessments and Site Review 6 Weeks
Development of Options with Budgets 3 Weeks
Finalize Report 2 Weeks
TOTAL 11 Weeks
The time limits set forth in the schedule shall include allowances for reasonable and
expected review time by the TOWN and approval by authorities having jurisdiction over
the PROJECT, and shall not be allowed as cause for delay or adjustments to the
schedule. Delays in the design critical path caused by review times by the TOWN or a
permitting agency exceeding those anticipated by the ARCHITECT’S schedule are
cause for adjustments in the schedule. Any adjustments made to the agreed upon
schedule shall be made in writing and acceptable to both parties.
The ARCHITECT shall begin work within 10 days of receipt of the executed
CONTRACT, receipt of requested information and written Notice to Proceed.
A schedule of completed work showing the percentage complete of each of the items of
the scope of services will be submitted each month to the TOWN.
Completion of Services
ARCHITECT’S services under each item of the finalized scope of services shall be
considered complete on the date when the submissions for that item have been
accepted by TOWN.
Changes
If the TOWN requests significant modifications or changes in the Scope of Services,
general scope, extent or character of the PROJECT, the time of performance of
ARCHITECT’S services, the various rates of compensation and schedule shall be
adjusted equitably.
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Written Authorization for Additional Work
Any provision in this CONTRACT notwithstanding, it is specifically understood and
agreed that the ARCHITECT shall not authorize or undertake any work pursuant to this
CONTRACT which would require the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Section 4. (Payment for Services) of this CONTRACT,
without first having obtained the specific written authority to do so from the TOWN.
Expanded Architectural Scope of Services
TOWN shall have the right to expand the scope of services of ARCHITECT from the
needs assessment to complete architectural services. These services would be
contracted as a written amendment to this contract and would include design and
construction administration services for completed projects that are part of this needs
assessment scope of services.
4. PAYMENT FOR SERVICES
4.1 Terms
Terms used in describing the applicable method of payment for services provided by the
ARCHITECT shall have the meaning indicated below:
4.2 Basis and Amount of Compensation for Basic Services/Reimbursable Expenses
Basic Fees for services shall be in accordance with the following and shall be in a total
amount not to exceed EIGHTEEN THOUSAND AND NO/100 DOLLARS ($18,000.00),
except as expressly provided in this Agreement and in accordance with law:
Services Fee
Needs Assessment and Site Review $10,500
Option Development and Budgets $5,000
Development of Final Report $2,000
Reimbursables $500
Total $18,000
4.1.2 Basis and Amount of Compensation for Reimbursable Expenses
Reimbursable Expenses include printing, photographs, facsimile transmissions, copies, and travel related
to Project. These costs shall be reimbursed at 1.10 times direct expenses. This is based upon providing
1 copy of final report and one electronic file to TOWN. Budget will not be modified without written
approval of owner.
4.1.3 Additional Services
Additional services not covered under the Scope of Services, will be provided to the
TOWN on an hourly basis plus reimbursable expenses as agreed in writing at the time
such services are authorized.
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4.4 Basis and Amount of Compensation for Additional Services
Additional scope to be defined and a fixed fee developed for that scope
4.5 Partial Payments for Services
Partial fee payments may be applied for at monthly intervals, based upon statements,
which reflect the percentage of work completed for the various items listed under Scope
of Services, Reimbursable Expenses and Additional Services. These statements shall
be prepared by the ARCHITECT and must be verified and approved by the TOWN.
4.6 Delay
If ARCHITECT’S services are delayed or suspended in whole or in part by the TOWN
for more than one year for reasons beyond ARCHITECT’S control, the various rates of
compensation, including Additional Services, provided for elsewhere in this CONTRACT
shall be subject to equitable adjustment.
5. TERMINATION, SUSPENSIONS OR ABANDONMENT
5.1 Termination
The TOWN or the ARCHITECT may terminate this CONTRACT for breach of any
material provision of this CONTRACT in accordance with this Section; provided
however, that in the event of breach of any obligation imposed by any other section of
this CONTRACT where such section provides for a different notice and/or cure period
than provided in this Section, then the terms of that specific Section shall control. In the
event such termination becomes necessary, the party effecting termination shall so
notify the other party, and termination will become effective thirty (30) calendar days
after receipt of the termination notice. Irrespective of which party shall effect termination
or the cause therefor, the TOWN shall within thirty (30) calendar days of termination
remunerate ARCHITECT for services rendered and costs incurred, in accordance with
the ARCHITECT’S prevailing fee schedule and expense reimbursement policy.
Services shall include those rendered up to the time of termination. All plans, field
survey, and other data related to the PROJECT shall become the property of TOWN
upon termination of the CONTRACT and shall be promptly delivered to the TOWN in a
reasonably organized form. Should TOWN subsequently contract with a new Architect
for continuation of services on the PROJECT, ARCHITECT shall cooperate in providing
information. No amount shall be due for lost or anticipated profits.
5.2 Suspension
If the Project is suspended by the TOWN for more than 30 consecutive days, the
ARCHITECT shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the ARCHITECT’S compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and resumption of
the ARCHITECT’S services.
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5.3 Abandonment
This CONTRACT may be terminated by the TOWN upon not less than seven (7) days
written notice to the ARCHITECT in the event that the Project is permanently
abandoned. If the Project is abandoned by the TOWN for more than ninety (90)
consecutive days, the ARCHITECT or the TOWN may terminate this CONTRACT by
giving written notice.
5.4 Failure to Pay
Failure of the TOWN to make payments to the ARCHITECT in accordance with this
CONTRACT shall be considered substantial nonperformance and cause for termination.
If the TOWN fails to make payment to ARCHITECT within thirty (30) days of a
statement for services properly performed, the ARCHITECT may, upon fourteen (14)
days written notice to the TOWN, suspend performance of services under this
CONTRACT. Unless ARCHITECT receives payment in full within fourteen (14) days of
the date of the notice, the suspension shall take effect without further notice. In the
event of a suspension of services under this section, the ARCHITECT shall have no
liability to the TOWN for delay or damage caused the TOWN because of such
suspension of services.
6. GENERAL CONSIDERATIONS
6.1 Professional Standards
Services performed by the ARCHITECT under this CONTRACT shall be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing in the same locality under similar conditions. The
ARCHITECT shall comply with the applicable laws and rules of the current “Texas
ARCHITECTURAL Practice Act”, the “Professional Land Surveying Practices Act” and
the “Texas Board of Professional Land Surveying General Rules of Procedures and
Practices”. The TOWN’sapproval, acceptance, use of or payment for all or any part of
the ARCHITECT’S services herein under or of the project itself shall in no way alter the
ARCHITECT’S obligations or the TOWN’s rights thereunder.
6.2 Progress and Performance
The provisions of this CONTRACT and the compensation to ARCHITECT have been
agreed to in anticipation of continuous and orderly progress through the completion of
the ARCHITECT’S services. Time for performance shall be extended to the extent
necessary for delays due to circumstances over which the ARCHITECT has no control.
If the ARCHITECT’S services are suspended or delayed due to circumstances beyond
ARCHITECT’s control, the times of performance shall be extended to the extent of such
delay or suspension. A delay or suspension shall not terminate this CONTRACT unless
ARCHITECT elects to terminate in accordance with the provisions of Section 5 of this
CONTRACT. If a delay or suspension extends for a period of greater than one year for
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reasons beyond the control of the ARCHITECT, the fees and rates of compensation set
forth in Section 4 shall be subject to re-negotiating.
6.3 TOWN Control
It is understood and agreed that the TOWN shall have complete control of the services
to be rendered, and that no work shall be done under this CONTRACT until the
ARCHITECT is instructed to proceed with the work.
6.4 Independent Agent
ARCHITECT and TOWN agreed that ARCHITECT and any officer, employee or agent
of ARCHITECT, in the performance of this CONTRACT shall act in an independent
capacity and not as an officer, agent or employee of the TOWN.
6.5 Compliance with Laws
ARCHITECT shall comply with all Federal, State, and local laws and ordinances in the
execution of all work in connection with this PROJECT.
6.6 No Additional Work Without Authorization
Any provision in the CONTRACT notwithstanding, it is specifically understood and
agreed that the ARCHITECT shall not authorize or undertake any work pursuant to this
CONTRACT, which would require the payment of any fee, expense or reimbursement in
addition to the fee stipulated in Article 4 of this CONTRACT, without having first
obtained specific written authority therefor from the TOWN.
6.7 Assignment & Subcontracting
This CONTRACT shall not be assigned or subcontracted in whole or part without the
written consent of the TOWN.
6.8 Insurance
ARCHITECT shall secure and maintain insurance that will protect him from claims
under the Worker’s Compensation Act (statutory amounts).
ARCHITECT shall secure and maintain Commercial General Liability Insurance that will
protect him from claims for bodily injury, death or property damage, which may arise
from the performance of his services under this CONTRACT, written on an occurrence
basis, in the amount of $1,000,000.
All policies, except Worker’s Compensation and Professional Liability, shall name the
TOWN as additional insured. All policies shall contain a waiver of subrogation in favor of
the TOWN and shall require the giving of written notice to TOWN at least thirty (30)
days prior to cancellation, non-renewal or material modification of any policies,
evidenced by return receipt of United States Certified Mail. ARCHITECT shall furnish
TOWN with copies of said policies or certificates evidencing such coverage.
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6.9 Property
All documents, including drawings, field notes, surveys, tracings, calculations, computer
input and output, digital or computer files, etc., prepared by the ARCHITECT pursuant
to this contract shall become the property of the TOWN. The ARCHITECT may retain
copies of all documents. Any reuse of the documents shall conform to The Texas
ARCHITECTURAL Practice Act.
6.10 Governing Law
This CONTRACT has been made under and shall be governed by the laws of the State
of Texas. The parties agree that the performance and all matters related thereto shall
be in Denton County, Texas.
6.11 Complaints and Grievances
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding
the professional practices of persons registered as Architects in Texas. Texas Board of
Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, telephone (512)
305-9000, fax (512) 305-8900, internet web site: www.tbae.state.tx.us.
7. DOCUMENT EXECUTION
IN WITNESS WHEREOF, the parties have executed this CONTRACT the
____________ day of ________________, 2008.
TOWN OF TROPHY CLUB
By: _________________________________
Town Manager
Attest: _________________________________
Town Secretary
ARCHITECT
By: _________________________________
Harold E. Sargent, AIA, Principal
Date: July 1, 2008 _
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
Staff received eight bids for the paving portion of the Harmony Park project
improvements. The low bidder is 2L Construction with a bid amount of $207,400. If
both projects for the parking lot and restroom are awarded we will be approximately
$61,000 deficient in the available EDC4A funds. The parking lot and the bathroom
project were originally bid together for greater efficiency but were separated due to the
fact that we did not receive any bids on the combined project. We have approximately
$70,000 available in our parkland dedication fund that could be used to finish these
projects.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Original estimates
2. Bid tabulation
3. Recommendation
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
The parking lot and the bathroom project were originally bid together for greater
efficiency; however, the Town failed to receive any bids for that combined project. As a
result, the parking lot and bathroom projects were separately bid. Staff received one bid
from Raven Building and Supply for the restroom in the amount of $131,210. If both of
the projects for the parking lot and restroom are awarded, the Town will be
approximately $61,000 deficient in the available EDC4A funds. We have approximately
$70,000 available in our parkland dedication fund that could be used to finish these
projects.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Original estimates
2. Recommendation Letter
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Memo from Chief Kniffen
2. Resolution
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MEMORANDUM
To: Mayor, Council, and Town Manager Date: June 18, 2008
From: Chief Kniffen Re: Grant resolution
The Department applied for a grant for a Criminal Investigator through the Criminal
Justice Division of the Governor’s Office. The resolution regarding this grant was
approved in March of 2008. We have been notified that we did not receive this grant.
The Department has found an alternative funding source for this position and the related
equipment and training. This resolution would approve our application for a Criminal
Investigator through the Edward Byrne Memorial State and Local Law Enforcement
Assistance Grant Program via the U.S. Department of Justice.
The grant would fund the salary and benefits for the position for one year as well as
equipment and training for the investigator and would be for over $86000. After one
year we would be required to reapply for an extension for the salary, benefits, and
training. If it was not funded again, we would have to fund the position locally or
eliminate the position.
As we continue to grow, the number of incidents requiring investigations grows as well.
In order to continue our success in this area, we need to take the opportunity to get a
person into the position at little cost and reevaluate the need for the position next year
based on the results we expect to realize from the additional investigator.
I respectfully request that the resolution be approved.
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TOWN OF TROPHY CLUB
RESOLUTION 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE SPECIAL CRIMINAL INVESTIGATOR
PROGRAM FOR THE 2008-09 FISCAL YEAR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town finds it in the best interest of its citizens that the Trophy
Club Police Department Criminal Investigator program be operated for the 2008-
2009 FISCAL YEAR; and
WHEREAS, the Town agrees to provide applicable matching funds for the said
project as required by the Trophy Club Police Department Criminal Investigator grant
application; and
WHEREAS, the Town agrees that in the event of loss or misuse of the Criminal
Justice Division funds, the Town assures that the funds will be returned to the
Department of Justice, Edward Byrne, Discretionary Fund; and
WHEREAS, the Town designates Brandon Emmons, Town Manager, as the
grantee’s authorized official. The authorized official is given the power to apply for,
accept, reject, alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing findings are hereby adopted and the Town of
Trophy Club approves submission of the grant application for the Special Criminal
Investigator Program to the Department of Justice, Edward Byrne, Discretionary Fund;
Section 2. That, this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 16th day of June 2008.
________________________________
Mayor Nick Sanders
Town of Trophy Club, Texas
ATTEST:
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_____________________________________
Town Secretary , Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
EXPLANATION:
By amending this Agreement an additional $45,000 will be added to the project budget
for professional engineering services.
RECOMMENDATION:
Approval of the amendment to the Master Advance Funding Agreement.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Insert from Minutes dated May 21, 2007
2. Resolution 2007-12
3. Amendment
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D.7 Discuss and take appropriate action regarding a Resolution supporting the Safe
Routes to School Program and approving the submission of a grant application
for the 2007-2008 fiscal year.
Mayor Sanders commented that the 5th Whereas clause should say within rather than
with.
Town Manager Emmons said the Safe Routes to School Program is a 100% Federal
grant program designed to provide for alternatives to motorized transportation to school.
The Town of Trophy Club, in conjunction with NISD and the Town of Marshall Creek,
will be applying for funds to construct sidewalks and controlled crosswalks near Medlin,
Lakeview, and Beck schools.
Motion made by Edstrom, seconded by Cates to approve with corrections.
Council member Cates believes sidewalks are important and will promote safety but
feels there are a lot of people on Trophy Club Drive that will not like sidewalks.
Mayor Sanders noticed the Resolution does not include the City of Roanoke. Town
Manager Emmons explained staff just received written consent from Roanoke today.
Motion made by Edstrom; seconded by Cates to amend the last Whereas clause to
include Roanoke after Marshall Creek.
Motion passed unanimously with amendments.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.D.15
Discuss and take appropriate action to approve Minutes dated, June 16,
2008.
EXPLANATION:
Council member Strother was absent from this meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated June 16, 2008
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MINUTES OF BUDGET WORKSHOP
AND REGULAR SESSION FOR THE TOWN COUNCIL
FOR THE TOWN OF TROPHY CLUB
Monday, June 16, 2008, at 5:30 P.M.
Trophy Club MUD Building, 100 Municipal Drive, Trophy Club, Texas.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club met in a Budget Workshop Session with
the Ways and Means Advisory Group and in Regular Session Monday, June 16, 2008,
at 5:30 p.m. 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
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Glenn Strother Council Member
STAFF AND GUESTS PRESENT:
Brandon Emmons Town Manager
Patricia Adams Town Attorney
Lisa Ramsey Town Secretary
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Sakura Dedrick Finance Director
Mike Pastor Information Systems Director
Adam Adams Parks and Recreation Director
Carolyn Huggins Planning and Zoning Coordinator
Stephanie Gohlke Financial Analyst
J.D. Harvey Ways & Means
A.1 Mayor Sanders called to order and announced a quorum at 5:32 P.M.
Mayor Sanders announced Council member Strother’s absence.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary
Budget.
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Town Manager Emmons said the workshop is a broad overview. Staff has been
working diligently on the budget and although it still needs a lot of work, the document
presented is a good starting point. Emmons thanked the Finance Department and the
Assistant Town Manager for their hard work getting the budget to this point.
J.D. Harvey represented the Ways and Means Advisory Group. Harvey stated that the
Ways and Means Advisory Group has reviewed the document being presented and
would entertain the Council’s questions.
Finance Director, Sakura Dedrick presented the budget calendar, budget process,
explained the development schedule, review of revenues, PID assessment and
Hotel/Motel fund.
Town Manager Emmons said expenditures would be covered at the July 7 meeting
along with the concept for a new Fire and Police Department facility and would begin
working on the numbers for the needs assessment study and land purchases. Emmons
stated he would use the savings from the Police Department building maintenance to
fund the study.
Council is in favor of the needs assessment study occurring in the FY08 budget.
Scott Voigt, 540 Timber Ridge Drive – Said he would like to see the Town prepare for
the increased service needs of the pending development and prefers tax increases a
little at a time over the next few years rather than one huge increase all at once.
Council recessed for ten minutes.
A.3 Town Manager Emmons led the pledges.
A.4 Fire Chief Thomas gave the invocation.
A.5 Citizen Presentations:
No citizens addressed the Council.
CONSENT AGENDA
Council member Edstrom pulled Item B.2.
Motion made by Wilson; seconded by Sterling to approve the Consent Agenda, Item
B.1.
Motion passed unanimously without any discussion.
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B.1 Consent Agenda: Discuss and take appropriate action to approve a
Beautification and Utility Fund bank resolution naming authorized
representatives on First Financial Bank.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, June 2, 2008.
Motion made by Edstrom; seconded by Moss to approve the Minutes dated, June 2,
2008 as corrected, with the correction under C.7: Council member Sterling confirmed
that the flooding issue behind Summit Cove has not yet been resolved.
Motion passed unanimously without any discussion.
END OF CONSENT
REGULAR SESSION
C.1 Highlands Neighborhood 2, Phase 2H. Discuss and take appropriate action
on a request from Jacobs Carter Burgess on behalf of High Trophy
Development, LLC to approve a Final Plat of Lots 5-15, Block X and Lots
11-31, Block BB, The Highlands at Trophy Club Neighborhood 2, Phase 2H
(11.047 acres) (FP-08-026)
Planning and Zoning Chair, Gene Hill stated the Planning & Zoning Commission
reviewed this request on June 5, 2008 and approved unanimously.
Motion made by Edstrom; seconded by Sterling to approve a Final Plat of Lots 5-15,
Block X and Lots 11-31, Block BB, The Highlands at Trophy Club Neighborhood 2,
Phase 2H. (11.047 acres) (FP-08-026)
Motion passed unanimously without further discussion.
C.2 Water's Edge at Hogan's Glen, Phase 2. Discuss and take appropriate
action on a request from Jacobs Carter Burgess on behalf of BDMR
Development, LLC to approve a Final Plat of Lots 1-5, Block K, Lots 1-5,
Block L, Lots 7-42, Block L, and Lots 1-3, Block M, Waters Edge at Hogan's
Glen, Phase 2 (26.925 acres) (FP-08-027)
Planning and Zoning Chair, Gene Hill said the Commission reviewed and discussed this
request at their June 5th meeting.
In response to a question by Commissioner Sheridan, the applicant stated that Lot 6,
Block L was taken out of the plat because part of that land was being negotiated as a
land swap with the previous owner and confirmed that it will not be left as vacant land
and will be platted in the future.
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Discussion ensued as to why parkland is not dedicated on this plat. It was noted that
the Parkland Dedication Ordinance, which requires 1-acre of parkland per 44 dwelling
units on a Final Plat, further states that any parkland of less than 5-acres is impractical
and the Town can then require cash in lieu of land from the developer.
The Chairman noted that the Commission’s responsibility with a Final Plat proposing
fewer than 220 dwelling units (equivalent to 5-acres of parkland due the Town), is to
consider the validity of the Final Plat and, in its recommendation to the Town Council,
note that parkland is not addressed and the Council should determine the cash due in
lieu of land. Town Manager Emmons elaborated on the Town’s methodology to
determine and ensure receipt of the cash due in lieu of land.
By vote of 5 favoring and 1 opposing, the Commission recommended approval of a
Final Plat of lots 1-5 Block K, Lots 1-5 Block L Lots 7-42 Block L and Lots 1-3 Block M,
Waters Edge at Hogan’s Glen, Phase 2 (28.925 acres), with a notation that the
applicant has not met the Parkland Dedication requirement and it is passed on to the
Council for determination of cash due in lieu of land.
Town Manager Emmons stated in December 2006 there was a proposal to swap two
triangular parcels of land in order to clean-up the property lines. The swap never
occurred so this lot was left out of the plat pending resolution.
Motion made by Edstrom; seconded by Moss to approve a request from Jacobs Carter
Burgess on behalf of BDMR Development, LLC to approve a Final Plat of Lots 1-5,
Block K, Lots 1-5, Block L, Lots 7-42, Block L, and Lots 1-3, Block M, Waters Edge at
Hogan's Glen, Phase 2 (26.925 acres) (FP-08-027)
Council member Edstrom questioned if the note included on the plat adequately
confirms that the parkland dedication has not been decided. Town Attorney Adams
confirmed that the note added to the plat is sufficient and that the parkland dedication
will be addressed in the subdivider’s agreement.
Mehrdad Moayedi, Centurion American Development Group said when they purchased
the property, Beck Properties told them that the parkland dedication was taken care of,
which he now understands is not the case. Centurion will be addressing this issue with
Beck Properties separately, and asked for Council’s direction on how to proceed with
the parkland dedication. Mr. Moayedi assured the Council that Centurion will the pay
cash due in lieu of land or they will deliver Beck Park back to the Town.
Mayor Sanders asked the Council if they wished to pursue Beck Park rather than cash.
Council member Wilson agreed with Commissioner Sheridan saying that a check for
$310,000.00 needs to be in hand at the time the subdivider’s agreement is approved.
Mayor Sanders clarified that Commissioner Sheridan was out of order at the Planning
and Zoning meeting as it is not that Commission’s purview to deal with parkland
dedication. Mr. Moayedi said they have agreed to pay the $196,000.00 in lieu of
parkland dedication and will pursue Beck Properties in other methods.
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Council member Moss encouraged Mr. Moayedi with his pursuit of Beck Park. Moss
agreed with Council member Edstrom that the Town needs parkland, providing it does
not take a long time to resolve.
Edstrom modified her motion and the second by Moss agreed to approve the plat and
provide direction to the developer to pursue parkland dedication in the form of land and
cash that will be fully discussed at subdividers agreement.
The mover amended the motion to include and / or; the second agreed. The motion ’to
approve the plat and provide direction to the developer to pursue parkland dedication in
the form of land and/or cash that will be fully discussed at subdividers agreement,”
passed unanimously without further discussion.
C.3 Canterbury Hills, Phase 1. Discuss and take appropriate action on a
request from Jacobs Carter Burgess on behalf of BDMR Development, LLC
to approve a Final Plat of Lots 8-22 and 30-32, Block A, Lots 2-19, Block B,
Lots 1-5 and 10-14, Block C, Lots 1-18, Block D, Lots 1-2, Block F, Lots 1-4,
Block H, and Lots 1-20, Block J, Canterbury Hills, Phase 1 (42.434 acres).
(FP-08-025)
Planning and Zoning Chair, Gene Hill said that this item was also reviewed at their June
5 meeting.
Chairman Hill noted that the Indian Creek Drive dead ends within the development and
asked if “Street A” is the only potential location for a road connection across Corps of
Engineers land to the Highlands properties. The developer’s representative stated that
sheet two of four indicates Street A as dedicated for the access of a loop road.
Commissioner Sheridan’s inquiry determined that connecting Indian Creek Drive with
loop road right-of-way will be by deed in the event a loop road comes to fruition.
Mayor Sanders attended the June 5, Planning and Zoning meeting and asked who
would be responsible for maintenance of common areas shown adjacent to Indian
Creek Drive and other locales within the development. Mr. Moayedi stated that an HOA
will be created to maintain the common areas, that it might be annexed to another HOA,
or they may come back and ask to gate Asheville Lane as a private community. Two
small common areas (areas 3 and 4) will probably be dedicated to the golf course, as
they are adjacent to the golf course and are not right-of-way.
By a vote of 5:1, the Commission recommended approval of a Final Plat of Lots 8-22
and 30-32 Block A, Lots 2-19 Block B, Lots 1-5 and 10-14 Block C, Lots 1-18 Block D,
Lots 1-2 Block F, Lots 1-4 Block H, and Lots 1-20 Block j, Canterbury Hills Phase 1
(42.434 acres), with Council for determination of cash due in lieu of land.
Motion made by Edstrom; seconded by Sterling to approve a request from Jacobs
Carter Burgess on behalf of BDMR Development, LLC to approve a Final Plat of Lots 8-
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22 and 30-32, Block A, Lots 2-19, Block B, Lots 1-5 and 10-14, Block C, Lots 1-18,
Block D, Lots 1-2, Block F, Lots 1-4, Block H, and Lots 1-20, Block J, Canterbury Hills,
Phase 1 (42.434 acres). (FP-08-025)
Council Edstrom questioned the weird parcels of land and the impression of an HOA
being created. Mr. Moayedi said that Hogan’s Glen HOA does not currently have
enough homes to function and he would like to annex the homes into this HOA to help
service.
The Council questioned wrought iron fences. Planning and Zoning Coordinator,
Carolyn Huggins explained this is straight zoning and the Town cannot require wrought
iron fences.
Motion passed unanimously without further discussion.
C.4 Discuss and take appropriate action regarding amendments to the
Subdivider's Agreements for the following neighborhoods of The
Highlands at Trophy Club:
A. Neighborhood 1, Phase 1C-1
B. Neighborhood 2, Phase 1A
C. Neighborhood 2, Phase 1B
D. Neighborhood 5, Phase 1D-1
E. Neighborhood 9
Town Manager Emmons referred to page 58 of the packet and provided that BDMR
Development, LLC, requests amendments to the following subdivider’s agreements to
allow for issuance of building permits prior to Final Acceptance of these neighborhoods.
The following items must be completed prior to issuance of any building permits:
Streets, Drainage and Storm Sewer, Sewer, Water Distribution System, and Signs.
Building permits for 20% of the total homes proposed to be constructed in each
neighborhood may be issued prior to the completion of the following: Landscaping,
Subdivision Wall, Driveways and Walkways, Lights, and Common Area(s). Certificates
of occupancy will not be issued until all items have been completed and approved by
the Town.
Motion made by Sterling; seconded by Edstrom to approve the amendments to the
Subdivider's Agreements for the following neighborhoods of The Highlands at Trophy
Club:
A. Neighborhood 1, Phase 1C-1
B. Neighborhood 2, Phase 1A
C. Neighborhood 2, Phase 1B
D. Neighborhood 5, Phase 1D-1
E. Neighborhood 9
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Mayor Pro Tem Sterling encouraged the residents to drive through and tour the new
development.
Motion passed unanimously without further discussion.
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.
C.6 Discuss and take appropriate action regarding the award of bid for the
Street Bond project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook
Hollow Court) and authorizing the Mayor or his designee to execute all
necessary contract documents.
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Town Manager Emmons stated this is a continuation of the 2001 Street Bond project
and is the final construction project utilizing those funds. After the first phase of this
program, the Town had $3.26 million available for street repairs on approved streets.
The Town expended $1.67 million for repairs on Timberline, Greenleaf, and Trophy
Club Drive, leaving approximately $1.58 million to use on Oak Hill, Avenue 20, Brook
Hollow Lane, and Brook Hollow Court. Also included was a paving and sub-drain
project in this bid package for Timber Ridge. Timber Ridge is not eligible for bond
proceeds.
Town Manager Emmons explained that of the six bids, Conaster was the low bidder at
approximately $1,793,600. A drainage and paving project on Timber Ridge was also
included in this amount. Town staff and Town Engineer, Tom Rutledge, have reviewed
the bids and references and recommends awarding the bid to Conastar.
Conaster has confirmed in writing their understanding of the specific construction
requirements for these projects. The recommendation letter is only for the projects that
will be funded by bond funds. Council has the opportunity to recommend whether they
want to include the drainage and paving project on Timber Ridge project in the contract.
Mayor Sanders said Council member Strother has worked with Conaster in his personal
business and they do both utilities and paving. Strother reviewed the bid tabulation and
contract document and he is in favor of awarding the bid to Conaster.
Motion made by Edstrom;, seconded by Wilson to award the bid for the Street Bond
project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook Hollow Court) not to exceed
$1,927,799.50; including a paving and sub-drain project in this bid package for Timber
Ridge and the portion for water line replacement paid by the Utility District not to exceed
$300,000.00, and authorizing the Mayor or his designee to execute all necessary
contract documents to Conastar.
Town Manager Emmons said staff will hold a Town Hall meeting and bring back the
contract for ratification at the July 7 meeting.
Motion passed unanimously without further discussion.
C.7 Discuss and take appropriate action regarding an interlocal agreement
between the Town of Trophy Club and Tarrant County for reimbursement
for road repairs on Trophy Club streets located within Tarrant County.
By entering into this agreement, the Town of Trophy Club will be able to seek
reimbursement for repairs made to streets located within Tarrant County. Staff has
identified portions of four streets that are in need of repair and the estimate cost to
perform these repairs is $50,000. Staff recommends entering into this agreement with
Tarrant County.
102
Motion made by Wilson;, seconded by Edstrom to enter into the interlocal agreement
between the Town of Trophy Club and Tarrant County for reimbursement for road
repairs on Trophy Club streets located within Tarrant County.
Council member Edstrom thanked Town Manager Emmons for working on this and
bringing it forward.
Motion passed unanimously without further discussion.
C.8 Discuss and take appropriate action regarding a Resolution of the Town
providing written consent to the annexation of an approximate 2.503 acre
tract of land situated in the W. Medlin Survey, Abstract No. 829 and located
within the Town's corporate boundaries, into the boundaries of Trophy
Club Municipal Utility District No. 2.
Town Manager Emmons advised that the Town received the Petition from MUD 2 on
June 5, 2008; this is neighborhood 3 of the Turnberry addition.
Motion made by Edstrom; seconded by Sterling to approve the Resolution of the Town
providing written consent to the annexation of an approximate 2.503 acre tract of land
situated in the W. Medlin Survey, Abstract No. 829 and located within the Town's
corporate boundaries, into the boundaries of Trophy Club Municipal Utility District No. 2.
Motion passed unanimously without any discussion.
C.9 Discuss and take appropriate action regarding the dates of the regularly
scheduled Town Council meetings for September, 2008.
Because of the Labor Day holiday staff requests Council to consider rescheduling the
regularly scheduled meetings on September 1 and 15 to September 8 and 22. Moving
the September meetings would still allow one week between the September 22 and
October 6th meeting.
Motion made by Wilson; seconded by Edstrom to move the September meeting to the 8
and 22.
Motion passed unanimously without any discussion.
C.10 Discuss and provide input regarding amendments to Article I, “Parks and
Recreation Board” of Chapter 9, “Parks and Recreation,” of the Code of
Ordinances
At their April 1, 2008 meeting, Park Board voted in favor of adopting the proposed
revisions made to the current Park Ordinance pending Council approval. Pending
Council’s input on the proposed revisions, the ordinance amending Chapter 9 of the
Code of Ordinances will be put in final form and submitted to Council for final action.
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Mayor Sanders stated his concern that Absences, under section three, is too vague.
Parks and Recreation Director, Adam Adams said the intent was for the Board to
consider every absence as excused or unexcused and section three would allow for an
agenda item. Council asked that this section be clarified and to proceed with the
amendments and final form for consideration at their July 7 meeting.
No action taken, input only.
C.11 Items for Future Agenda.
Council member Wilson said she received a response on the sound barrier and would
like to work with Town Manager Emmons on a rebuttal.
C.12 Reports.
(a) Town Manager Emmons gave his report.
(b) Town Council report from EDC 4B Liaison, Council member Strother
was absent and unable to provide the report from EDC 4B.
C.13 Adjourn
Motion made by Edstrom; seconded by Sterling to adjourn.
Motion passed unanimously without any discussion.
Meeting adjourned at 9:39 p.m.
________________________ _____________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
104
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.D.16
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)
105
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.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.
Attachments: 1. None
106
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
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 future sites and land acquisition.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
107
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
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
108
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-7-2008
Subject: Agenda Item No.F.1
Adjourn.