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Agenda Packet TC 10/06/2008 1 Town of Trophy Club Town Council Public Hearing/Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, October 6, 2008 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." A.4 Denton County Commissioner Andy Eads to update the Council on the Proposed Road Bonds and discussion of same. A.5 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck Elementary School for their 2008 Lighthouse Blue Ribbon Achievement. A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. B.1 Consent Agenda: Discuss and take appropriate action regarding the Ratification of an Additional Services Agreement with Jacobs Engineering Group for Professional Services for Construction Administration and Surveying for U.S. Highway 377 Improvements at Northwest Parkway which modifies the main Professional Services Agreement for the Project executed on August, 18 2008. B.2 Consent Agenda: Discuss and take appropriate action regarding the Ratification of an Additional Services Agreement with Jacobs Engineering Group for professional services for Construction Administration and Surveying for Northwest Parkway, Water Distribution Line, which modifies the main Professional Services Agreement for the Project executed on August, 18 2008. 2 B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 8, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 15, 2008. B.5 Consent Agenda: Discuss and take appropriate action regarding the Minutes dated September 29, 2008. B.6 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. August C.1 Public Hearing regarding a request for Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP- 08-015) D.1 Discuss and take appropriate action regarding the approval of a Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP-08-015) D.2 Parks and Recreation Director to provide the monthly Park Board update and discussion of same. D.3 Discuss and take appropriate action regarding an amendment to Chapter 10, entitled "Public Safety", Article II of the Code of Ordinances of the Town, entitled "Traffic and Vehicles"; by renumbering current Section 2.08 "Penalty" to Section "2.09 Penalty" and adopting a new Section 2.08, entitled "Locally Enforced Motor Vehicle Idling Limitations," and providing an effective date. D.4 Discuss and take appropriate action regarding the expenditure of Parkland dedication funds related to the Harmony Park project and authorizing the Town Manager to execute necessary documents. D.5 Discuss and take appropriate action regarding an Ordinance repealing Article I entitled "Parks and Recreation Board," of Chapter 9, entitled "Parks and Recreation" of the Code of Ordinances, in its entirety, and adopting a new Article I "Parks and Recreation Board" of Chapter 9 of the Code of Ordinances. D.6 Review and provide input regarding the Town's Property Maintenance Ordinance, (Chapter 3, Buildings and Construction, Article XII - Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings, Section 12.06 Minimum Standards; Responsibilities of Owner), and the 2003 International Property Maintenance Code, and take appropriate action to direct staff. 3 D.7 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. D.8 Items for Future Agenda. D.9 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 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.A.2 Invocation. To be given by Council member Wilson. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." To be led by Council member Moss. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.A.4 Denton County Commissioner Andy Eads to update the Council on the Proposed Road Bonds and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.A.5 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck Elementary School for their 2008 Lighthouse Blue Ribbon Achievement. EXPLANATION: Principal McCune and staff will attend. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Proclamation 9 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2008- 2008 Lighthouse Blue Ribbon School A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CONGRATULATING SAMUEL BECK ELEMENTARY SCHOOL FOR THEIR 2008 LIGHTHOUSE BLUE RIBBON DESIGNATION ACHIEVEMENT. WHEREAS, Lighthouse is an organization infusing education, business, and government with the objective of shining a positive light on America’s best schools and programs that work. Education, business and government leaders have the ability by working together to create an infrastructure that will provide a blueprint for excellence in education for all children, all schools and all states. Lighthouse Schools will focus on locating successful best practices and programs that work in education to serve as a marker for schools that desire to be high performing beacons for our educational culture; and WHEREAS, Blue Ribbon Schools of Excellence, Inc., is a not-for-profit organization established for the primary purpose of improving academic excellence for all children, which is accomplished through the identification of successful programs in schools across the nation, the creation of an online Best Practices Database to share these best practices, and to assist in the implementation of successful practices in targeted schools; and WHEREAS, Blue Ribbon Lighthouse Schools commit to sharing expertise and exemplary practices with other schools on a local, regional, and national level; as well as providing mentoring and networking to schools seeking guidance and assistance in school improvement initiatives. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1.That the Town of Trophy Club congratulates Samuel Beck Elementary School for being recognized at the national level for this award reflecting the commitment of parents, volunteers, students and staff to providing an exemplary education; and be it further Section 2. Resolved that this Proclamation shall become effective from and after its date of passage in accordance with law. ____________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] ____________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 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. 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action regarding the Ratification of an Additional Services Agreement with Jacobs Engineering Group for Professional Services for Construction Administration and Surveying for U.S. Highway 377 Improvements at Northwest Parkway which modifies the main Professional Services Agreement for the Project executed on August, 18 2008. EXPLANATION: Originally the City of Roanoke was to be the Project Manager for all improvements to Highway 377 and engineering services would be provided by Kimley Horn. After several meetings, it was determined that it is in the best interest of all parties that Jacobs Engineering provide engineering services for this portion of the Northwest Parkway project. Jacobs has begun work on the engineering portion of this project and by amending our original agreement, the administration and surveying work necessary for this section will be added to our contract. RECOMMENDATION: Staff recommends approval of the Additional Services Agreement with Jacobs ACTION BY COUNCIL: (bse) Attachments: 1. Additional Services Agreement 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action regarding the Ratification of an Additional Services Agreement with Jacobs Engineering Group for professional services for Construction Administration and Surveying for Northwest Parkway, Water Distribution Line, which modifies the main Professional Services Agreement for the Project executed on August, 18 2008. EXPLANATION: This Agreement will provide the necessary engineering administration and surveying for the installation of a 12 inch waterline along Northwest Parkway. This is an amendment to an existing contract between the Town and Jacobs Engineering. RECOMMENDATION: Staff recommends approval of the Additional Services Agreement with Jacobs Engineering ACTION BY COUNCIL: (bse) Attachments: 1. Additional Services Agreement 32 33 34 35 36 37 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 8, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated September 8, 2008 38 MINUTES OF PUBLIC HEARINGS/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 8, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September 8, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst A.1 Mayor Sanders called the Town Council to order at 7:00 p.m. noting a quorum was present. A.2 Police Chief Scott Kniffen offered the Invocation. A.3 Fire Chief Danny Thomas led the Pledges. A.4 Presentation and volunteer recognition by Police Chief Kniffen regarding the Animal Shelter and discussion of same. Police Chief Scott Kniffen acknowledged Emily Quile and Hailey Eagan (not present) for their effort conducting a fund raiser and donating the money raised to the Trophy Club Animal Shelter. Police Chief Kniffen acknowledged Deandra Pugh, Danielle Cook, Beth Levin (not present), Lisa Owens (not present) and Madeline Gerow (not present) for their help assisting with the care and clean up of the Animal Shelter. Mayor Sanders presented each with a certificate. A.5 Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues and discussion of same. 39 Town Manager Emmons thanked Mr. Hodges for addressing the Council’s concerns regarding the construction and street light issues. Town Manager Emmons read a letter submitted by Council member Edstrom, expressing her disappointment with the services provided by Oncor. Oncor Area Manager, Danny Hodges explained that the lighting problems are due to the cables. If Oncor is unable to repair the lighting problems, they will need to bring back employees back from Louisiana who are helping with Hurricane Gustav cleanup. Mr. Hodges stated that during the time the street lights were removed and re-installed, the retail provider was still charging the Town. Oncor is working with the service provider to issue a refund to for those charges. Council member Moss asked Mr. Hodges to come back in October and provide an update on Oak Hill and Trophy Club Drive. A.6 Citizen Presentations: Mayor Sanders introduced the new TexasDPS Sergeant, Stephen Oliver. Roger Williams, 215 Phoenix Drive – Expressed a concern with the discussions that are occurring during the Executive Sessions. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 4, 2008. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 18, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. July 2008. B.4 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating the Assistant Town Manager as the Household Hazardous Waste Collection Coordinator and designating the Town Manager as the alternate. Mayor Sanders acknowledged one correction to Item B.2, Minutes dated, August 18, 2008. The Minutes presented in the packet did not show Parks Director Adam Adams attending. Motion made by Wilson; seconded by Moss to approve Consent Agenda, Item B.1 through B.4, with the correction to the August 18, 2008 Minutes. Motion carried unanimously without discussion. End of Consent PUBLIC HEARING Council convened into Public Hearing at 7:31 p.m. C.1 Public Hearing: Town Council to conduct 1st Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and Mayor to announce the date, time and place of the vote on the tax rate. Mayor Sanders announced the second public hearing is scheduled for September 15, 2008. The Town Council will be voting on the FY09 proposed tax rate on September 22, 2008, during their Regular Session, which starts at 7:00 P.M. The meeting will be held in the Council Chambers. 40 Town Manager Emmons presented a brief summary of revenues, expenditures and the proposed General Fund. Roger Williams, 215 Phoenix Drive – Stated a tax increase this year is unnecessary and when all the taxes for the Town/MUD are added together the Town has the highest tax rater of all the surrounding communities. Williams requested the Council put together a task force to review the Budget. C.2 Public Hearing regarding an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. No public comments were made. C.3 Public Hearing regarding an Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions. (ADM-08-029) Jill Setzer, 4 Crickett Court – Spoke in favor of this Ordinance. Council reconvened into Regular Session at 8:01 p.m. *REGULAR SESSION D.1 Discuss and take appropriate action regarding the review of the Town's FY2008-09 Proposed Budget and tax rate. Town Manager Emmons stated that the Town has always maintained a lean budget and that we have not had the funds to address the streets or the drainage issues. The Town needs to begin planning for its future. The Town has a low crime rate due to the number of officers on the street. In order to maintain a high quality of life, the Town needs to address funding that provides these amenities. Town Manager Emmons confirmed that the Town does fund the Swim Team and there is a Revenue line that is supposed to fully offset this cost. Additionally, the Town generates sales from the concession stand and that helps offset the Swim Team expenses. Town Manager Emmons explained the difference between a fund balance and a projected balance. Since revenue stream is based heavily on property values, cash flow is lower in October through January, but service costs are weighted fairly evenly throughout the year. The Town does not have $1.5 million in reserves and the Finance Department is working on a better representation of the reserves. Currently, the Town is operating at $500,000 per month for expenses, which is the current cost needed to run the Town. Council member Moss suggested that the Council consider Roger William’s suggestion for a task force to look at these items. Council member Wilson echoed Council member Moss’ sentiment regarding a task force and said she would be willing to serve and that the budget needs a thorough examination of the service levels, job performance, accountability and efficiency of all staff members. Barbara Kadow, 322 Village Trail – Suggested volunteerism rather than hiring an additional police officer as she feels the Town does not have a need at this time. No action taken. 41 D.2 Discuss and take appropriate action regarding an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. Planning and Zoning Chairman, Gene Hill provided a brief history of this item. Motion made by Moss, seconded by Strother to approve an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding an Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions. (ADM-08-029) Town Manager Emmons said that staff has observed that citizens have been able to use a loop hole to avoid certain standards. The purpose of this amendment is to allow accessory structures to be built closer than ten (10) feet to the primary dwelling. Under the current regulations, Staff must deny designs for accessory structures within 10-ft of the primary dwelling. Planning and Zoning Chairman, Gene Hill stated that Staff believes that by revising this ordinance it will allow residents to build outdoor entertainment areas as envisioned by the homeowner, while maintaining life, health, and fire safety standards to the highest level, as well as maintaining build lines, setbacks and easements. Staff recommends approval of these changes. On August 21, 2008, the Planning and Zoning Commission conducted a public hearing and discussion and voted unanimously to recommend to the Town Council approval of changes to the Town of Trophy Club Code of Ordinances regarding accessory structures, design criteria, definitions and other miscellaneous provisions. Motion made by Moss, seconded by Wilson to approve Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions.(ADM-08-029) Council member Wilson said that the current standards are not very sensible and thanked the P & Z Commission for reviewing. Motion passed unanimously without further discussion. D.4 Review and comment from Planning and Zoning Commission to Town Council regarding changes to Trophy Club Zoning Ordinance for Planned Development No. 25 (PD-25), and changes to Building Code Ordinances, as suggested by Two (2) Hanna Ct. residents; and discussion of same. The Planning and Zoning Commission conducted a review and discussion of this item on August 21, 2008 and made the following comments: • Consideration of changes to zoning should be part of the Comprehensive Land Use Plan update, but requires a detailed study comparing our current uses to suggested changes, while honoring private ownership rights. • Current lighting codes appear to be good and strict. • Noise codes possibly could use review. • Energy codes should be reviewed; can the Town be “greener”. • Changes to the Town building codes should be done through a detailed study by appropriate certified reviewers, just as a review of the Comprehensive Land Use Plan should be conducted by professional planners. 42 Mayor Sanders thanked the Commission for their review. Mike Kaler, 17 Hanna Court – Spoke in favor of the proposed Ordinance changes and recommended adopting L.E.E.D. as the standard. The Council thanked Mr. Kaler for his input and suggestions. Council member Moss asked Mr. Kaler to work with Town Manager Emmons and the Building Inspector. No action taken. D.5 Discuss and take appropriate action regarding a Resolution accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Town Manager Emmons explained that this Item references the procedures and a timeline for the levying of assessments for emergency services. It is the review of the Service and Assessment Plan adoption of the Resolution accepting the Service and Assessment Plan for Emergency Services and ordering the notices and public hearing for September 22, 2008. Motion made by Strother, seconded by Sterling to approve a Draft accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a date for a public hearing; authorizing the publication of notice for September 22, 2008. Council member Moss said that he hopes the home buyers are informed of the additional fees required in the PID. Town Manager Emmons responded that there is a full disclosure report provided to the potential home buyers and the Finance Department is working on FAQ for the Town’s website. As counseled by Town Attorney Adams, the mover modified the motion; the second agreed to approve a Resolution encompassing specifics in the previous motion. Motion passed unanimously without further discussion. D.6 Discuss and take appropriate action regarding the First Modification to the Funding and Development Agreement between the Town and Centurion Acquisitions LP for Road and Utility Improvements to Northwest Parkway Proposed Connector Road. Town Manager Emmons stated that the purpose of this modification is to allow Centurion American to be reimbursed for costs associated with design engineering services. Under the Interlocal Agreement between the Town of Trophy Club, Roanoke, Northwest ISD, and Denton County, all engineering services are included in the amounts approved by each entity. Upon acceptance of the design plans, the Town, as paying agent, will reimburse Centurion American for each entity’s proportionate share of funds as agreed upon in the Interlocal Agreement. Motion made by Moss, seconded by Sterling to approve the First Modification to the Funding and Development Agreement between the Town and Centurion Acquisitions, LP for Road and Utility Improvements to Northwest Parkway Proposed Connector Road. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding an Ordinance approving the change in the Tariffs for Atmos Energy Corporation, Mid-Tex Division, as a result of the settlement 43 agreement between Atmos and the Atmos Texas Municipalities; finding the adopted rates to be just and reasonable; and providing an effective date. Town Manager Emmons explained that in February and March, the Atmos Texas Municipalities (“ATM”) agreed to increase rates by less than 20% of what was requested by Atmos Energy. In connection with that settlement, ATM also agreed to a new regulatory regime known as the “Rate Review Mechanism” or (“RRM”). The first RRM is to be implemented on October 1, 2008. Motion made by Moss, seconded by Wilson to approve an Ordinance approving the change in the Tariffs for Atmos Energy Corporation, Mid-Tex Division, as a result of the settlement agreement between Atmos and the Atmos Texas Municipalities; finding the adopted rates to be just and reasonable; and providing an effective date. Motion passed unanimously without further discussion. D.8 Discuss and take appropriate action regarding implementation of a "No-Knock/No Trespass" policy or ordinance. Mayor Sanders said this item was added by Council member Wilson. Council member Wilson suggested a no-knock list be developed, added to the Town’s web site and distributed to people when they apply for a solicitor’s permit. Council member Wilson stated s this might be better accomplished in a policy; subset to the Ordinance. Barbara Kadow, 322 Village Trail – Spoke in favor of a No-Knock/No Trespass and requested the Council give the residents a choice. Mayor Pro Tem Sterling read the following letters into the record: Lynda Sanders, 7 Hayes Court – Letter in opposition. Dave Edstrom, 269 Oak Hill Drive – Letter in opposition. Council member Susan Edstrom stated her opposition in a letter read into the record by Mayor Sanders. Mayor Sanders explained how other cities are handling this and feels that it would need to be in an Ordinance tied to the Peddlers Ordinance. Mayor Sanders said that an Excel list would be difficult to maintain and be inaccurate. Mayor Sanders suggested that if a list is created, only the address is referenced. Mayor Sanders researched that other cities administer this type of policy through Utility Billing. Mayor Pro Tem Sterling stated that this adds yet another layer of government. Mayor Pro Tem Sterling said this is ultra-prohibitive, and questioned, why the Town should impose this on everyone. Council member Strother questioned if the Town has had any issues since the recent amendments to the Solicitors Ordinance. Town Manager Emmons reported that the staff has not seen an upswing in violations. Town Manager Emmons said that this would require discussions regarding the permitting process and he would need to work with the MUDs. Motion made by Sterling, seconded by Strother directing Town Manager Emmons to provide education to the residents regarding Ordinance 2008-21, in whatever means he finds appropriate and to provide delineation between the distribution of handbills and solicitations. Council member Wilson amended the motion to include that Town Manager Emmons work with the MUDs regarding a joint venture and the possible use of the utility software. Motion to amend died for a lack of a second. Motion passed 3:0:1 with Wilson abstaining. 44 Motion made by Wilson, seconded by Strother instructing the Town Manager to develop a survey regarding the No-Knock in order to poll the citizens and post in the newsletter. Council member Strother suggested sending the survey link out via Listserv in order to attract more people. Town Manager Emmons suggested that he be allowed to educate the citizens first; providing the delineation between handbills and solicitations prior to conducting the survey. Council member Wilson stated she was amenable to Town Manager Emmons’ suggestion. Mayor Pro Tem Sterling questioned the details of the survey. Council member Wilson called point of order as Council should only debate whether the survey should occur or not. Council member Moss agreed with Mayor Pro Tem Sterling and objected to a survey. Motion tied, with Wilson and Strother for and Sterling and Moss against. Motion failed 2:3, with Wilson and Strother voting for and Sanders, Sterling and Moss voting against. D.9 Discuss and take appropriate action regarding the nomination of one person to serve on the Board of Directors of Denton County Transportation Authority. Mayor Sanders explained that the nomination form must be returned to the Denton County Commissioner’s Court on or before September 20, 2008. Motion made by Sterling, seconded by Moss to nominate Bill Walker to the Denton County Transportation Authority. Motion passed unanimously without further discussion. D.10 Discuss and take appropriate action regarding a Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting forth eligibility requirements for service. Town Manager Emmons stated a review of the Handbook was necessary due to the recommendations from EDC 4B and Zoning Board of Adjustment to appoint residents of less than six months to their respective board. This amendment allows the Council the option of considering those applicants who are interested and qualified to serve on a Town Boards or Commission, but do not meet the residency requirement. Mayor Sanders said that staff has since added the residency requirement to the application. If the Council does not approve this amendment, but appoints an applicant who does not meet this requirement, they would be in violation of the original Resolution #2006-29. Motion made by Moss, seconded by Strother to approve a Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting forth eligibility requirements for service. Council member Strother said that he would like to keep the residency requirement and have the ability to waive if necessary. Town Attorney Adams said it could be reworded in the last Whereas Clause, Section 2 and in the handbook under Applicant Requirement for Boards or Commissions. Council member Moss withdrew his motion. Council directed staff to make the modifications to the last Whereas and Section 2 allowing a waiver for the voter registration and/or residency requirement and to bring back on September 15, 2008. No action taken. 45 D.11 Discuss and take appropriate action regarding the calling of a Special Council Session on Monday, September, 15, 2008 and subjects for consideration at the meeting. Motion made by Moss, seconded by Wilson calling a Special Session to be held on September 15, 2008 for the purpose of conducting a Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009, discussing a Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting forth eligibility requirements for service and to consider and make annual appointments to Boards and Commissions. D.12 Items for Future Agenda. An item for a presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues (Oak Hill) and discussion of same. (October 6, 2008) was added. D.13 Reports. (a) Town Manager Emmons gave his report. (b) Parks and Recreation Board Liaison, Council member Moss gave his report. EXECUTIVE SESSION Council did not convene into Executive Session. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 "Deliberation Regarding Real Property" and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. F.1 Adjourn. Motion made by Sterling, seconded by Wilson to adjourn. Motion carried unanimously. Meeting adjourned at 11:26 p.m. __________________________________ ____________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 15, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated September 15, 2008 47 MINUTES OF PUBLIC HEARING/SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 15, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, September 15, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst Adam Adams Parks and Recreation Director Shannon DePrater Deputy Town Secretary A.1 Mayor Sanders called the Town Council to order at 7:00 p.m. noting a quorum was present. A.2 Mayor Sanders offered the Invocation. A.3 Mayor Pro Tem Sterling led the Pledges. A.6 Citizen Presentations: No citizen presentations. B.1 Consent Agenda: Discuss and take appropriate action regarding a Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting forth eligibility requirements for service. Mayor Sanders removed Item B.1 from the Consent Agenda. 48 Mayor Sanders said that a resident suggested that the words or length of be added in front of the revisions proposed by Council at the September 8, 2008 meeting, otherwise it could be interpreted that an applicant need not be a resident of the Town at all. Mayor Sanders thanked Margi Cantrell for her suggestion. Motion made by Edstrom; seconded by Sterling to approve Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" to read, Council may waive the voter registration and/or length of residency requirement. Motion carried unanimously without any discussion. End of Consent Agenda PUBLIC HEARING Council convened into Public Hearing at 7:10 p.m. C.1 Public Hearing: Town Council to conduct a 2nd Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009. Roger Williams, 215 Phoenix Drive – Spoke against the tax increase which he calculates to be an 8% increase. Williams criticized the Council for not delving into the budget and for acting on staff’s recommendations. Williams feels that the COLAs and salary increases are out of line given the proposed tax increase. Don West, 212 Ridge View – Said that he does not argue the tax increase but the perspective of what the tax increase actually is. West shamed himself and the Council for not being more involved in the Budget process. West said that he knows the increase is necessary, but asked the staff and Council to consider the compound of the Town tax increase and property valuations. Mayor Sanders explained that the Council is posted for a Public Hearing and cannot debate the issue tonight. Mayor Sanders stated that the Council is considering a tax increase in order to provide the existing level of services and fully fund debt services and shore up operating reserves. Mayor Sanders explained how the budget is funded and stated that the Town is complicated as we have MUD1 residents in Denton County and MUD1 in Tarrant County. Mayor Sanders clarified that the Council has been involved in seven budget planning sessions and explained how the COLAs/Merit raises are applied. Town Manager Emmons explained how the money in the budget is allocated and expensed amongst the departments. Town Manager Emmons also mentioned that the Town has shifted $100,000 in revenue raised by the tax increase to the debt fund to supplement the debt reserves. Finance Director, Sakura Dedrick concurred with Town Manager Emmons that the Town historically spends $500,000 each month and given the minimal level of revenues that come in during the months prior to the receipt of taxes in December; the town has had to historically utilized fund balance to the tune of $500,000. She referred to a 5 Year Fund Balance history sheet that was prepared. Susan Edstrom clarified that there is also a revenue line to offset the expense for the Swim Team and the number of students has increased. Dennis Sheridan, 1 Hillcrest Court – Requested that the Council tax what they need and not add any more expense or amenities. Council reconvened into Regular Session at 7:58 p.m. *REGULAR SESSION 49 D.1 Discuss and take appropriate action repealing Resolution 2007-21- and adopting a new Resolution appointing members to serve on EDC 4A, EDC 4B, Parks and Recreation Board, Planning and Zoning Commission, Tree Board and the Zoning Board of Adjustment. Mayor Sanders explained that the Council may make nominations or a motion to appoint members to the Boards/Commission. Mayor Sanders acknowledged the following to provide their respective Boards/Commission recommendations: Planning & Zoning Chairman, Gene Hill Zoning Board of Adjustment Chairman Bob Downey Tree Board member, Bob Downey Parks Board member JD Stotts Motion made by Edstrom; seconded by Moss to appoint: J.D. Harvey, Larry Lentzner and Joseph Boclair to EDC 4A; terms expiring 2010. James Hicks, Dan Bishop and Zachary Jeffery to EDC 4B; terms expiring 2010. Robert Ashby, Dennis Sheridan, James Stephens and Mike Davidson to the Planning and Zoning Commission; terms expiring 2010. Steve Gregory, Chris McCollister, Larry Lentzner to the Parks Board; terms expiring in 2011 and Caryl Ann Jacobs; term expiring 2010. Bob Downey and Steven Kohs to the Tree Board; terms expiring 2010. Margi Cantrell, Bob Radder to the Zoning Board of Adjustment; terms expiring 2010 and Doyle Nicholson and Elisabeth Kaylor to Alternate seats; terms expiring 2010. Motion passed unanimously without further discussion. E.1 Adjourn. Motion made by Sterling, seconded by Wilson to adjourn. Motion carried unanimously. Meeting adjourned at 8:11 p.m. ___________________________________ ____________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 50 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.B.5 Consent Agenda: Discuss and take appropriate action regarding the Minutes dated September 29, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated September 29, 2008 51 MINUTES OF A PUBLIC HEARING/SPECIAL SESSION FOR THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 29, 2008 at 5:30 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Public Hearing/Special Session on Monday, September 29, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Mayor Pro Tem STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Danny Thomas Fire Chief Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst A.1 Mayor Sanders called the Town Council to order at 5:31 p.m. noting a quorum was present. A.2 Finance Director Sakura Dedrick offered the Invocation. A.3 Financial Analyst Stephanie Gohlke led the Pledges. Council convened into Public Hearing at 5:33 p.m. PUBLIC HEARING B.1 Public Hearing: Staff and public comments relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special Assessments against the Property in PID No. 1 and matters contained in the proposed Ordinance. No public comments were made. Council reconvened into Regular Session at 5:34 p.m. 52 *REGULAR SESSION B.2 Discuss and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Emergency Services and Assessment Roll for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the property in the district; levying special assessments against property within the district; providing for payment of the assessments in accordance with Chapter 372, Texas Local Government Code, as amended; providing for the method of assessment and the payment of the assessment; providing penalties and interest on delinquent assessments, providing for severability; providing for engrossment and enrollment; and providing an effective date. Motion made by Edstrom; seconded by Strother to approve the fixing and levying of assessments for the fiscal year beginning October 1, 2008, and ending September 30, 2009. Motion amended by Edstrom changing the time of the Public Hearing from 7:00 p.m. to 5:30 p.m. in the ninth Whereas Clause, the second agreed. Motion passed with Edstrom, Wilson, Moss and Strother voting in favor. C.1 Adjourn. Motion made by Edstrom, seconded by Strother to adjourn. Meeting adjourned at 5:45 p.m. ____________________________________ ___________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 53 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.B.6 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. August EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Variance Report. 54 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.C.1 Public Hearing regarding a request for Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP- 08-015) APPLICANT: Hydra Hotels LLC 1200 W. Walnut Hill Lane #3500 Irving, TX 75038 REQUESTED ACTION: Replat of Lots 3R1 and 3R2, Block A Trophy Wood Business Center SIZE: 2.962 acres Lot 3R1 – 2.015 acres Lot 3R2 – 0.947 acres LOCATION: Northwest corner of Trophy Wood Drive and Plaza Drive EXISTING LAND USE: Vacant FUTURE LAND USE: Hampton Inn & Suites CASE SUMMARY: The applicant, Hydra Hotels LLC, is requesting approval of a Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center. The applicant has adjusted the boundary line between the two lots so that Lot 3R1 is not adjoining residentially zoned property per the development standards outlined in Planned Development No. 25 (PD-25). This replat will not change the zoning or use of the tracts. CURRENT ZONING: The site is zoned as a Planned Development (PD-25). Lot 3R2 (Tract 6) is zoned for offices uses. Lot 3R1 (Tract 7) is zoned for retail or hotel uses. The zoning and PD concept plan for this site were approved in December 2002. THOROUGHFARE PLAN: In order to ensure adequate circulation, the Thoroughfare Plan indicates a commercial collector to extend through the property, providing access to Highway 114 as well as the rest of the commercial development located at this 55 commercial node. These requirements were met by the developer when he built Trophy Wood Drive and Plaza Drive. COMPREHENSIVE LAND USE PLAN: This site is located within the area identified on the Comprehensive Land Use Plan for Commercial/Professional uses. This replat adheres to the Comprehensive Land Use Plan. PUBLIC HEARING: Replatting of non-residential property without vacating a preceding plat requires a public hearing at final authority (Town Council). A notice of public hearing appeared in the Trophy Club Times on September 19, 2008. STAFF REVIEW AND RECOMMENDATION: Staff and the Town Engineer have reviewed the plat and determined that it complies with Town ordinances and regulations as well as the obligations outlined in PD-25. The Town of Trophy Club Code of Ordinances requires the following criteria for plat approval (Chapter 12-Subdivision Rules & Regulations, Section 3.05 Criteria for Plat Approval): A. The Town shall approve a plat if it conforms to: 1. The general plan, rules and ordinances of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 2. The general plan, rules and ordinances for the extension of the Town and its roads, streets, and public highways within the Town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities; 3. All requirements of the Town’s Subdivision Regulations and all rules adopted pursuant to those Regulations or the Town’s Zoning Ordinance. 4. An approved preliminary plat. As this replat complies with the Subdivision Regulations, Comprehensive Land Use Plan, and Thoroughfare Plan, as well as the intent of Planned Development No. 25, staff recommends approval of RP-08-015, a replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center. PLANNING & ZONING COMMISSION RECOMMENDATION: Commissioner Reed made a motion to recommend to the Town Council approval of the replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center. Vice Chairman Stephens seconded the motion. Ayes: Hill, Reed, Ashby, Forest, Stephens Nays: Sheridan Action: Approved, 5-1 (ch) 56 Attachments: Application PD-25 Development Standards and Concept Plan Existing Plat of Lots 3R1 and 3R2, Block A Replat of Lots 3R1 and 3R2, Block A Notice of Public Hearing Excerpt from Planning & Zoning Commission Minutes 57 58 59 60 61 62 63 64 65 66 EXISTING PLAT OF LOTS 3R1 AND 3R2 67 REPLAT REQUEST OF LOTS 3R1 AND 3R2, BLOCK A 68 69 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: September 12, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: September 19, 2008 SUBJECT: Replat – PD-25, Lots 3R1 and 3R2 NOTICE OF PUBLIC HEARING TROPHY CLUB TOWN COUNCIL Monday, October 6, 2008 A Public Hearing will be held by the Town Council of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Monday, October 6, 2008, to consider a request for a replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, part of Planned Development District No. 25, Ordinance No. 2002-41 P&Z. Lot 3R1 is designated as Tract 7 and Lot 3R2 is designated as Tract 6 on the PD-25 concept plan. 70 EXCERPT FROM PLANNING AND ZONING COMMISSION MINUTES SEPTEMBER 18, 2008 DISCUSSION AND RECOMMENDATION REGARDING A REQUEST FOR REPLAT OF LOTS 3R1 AND 3R2, BLOCK A, TROPHY WOOD BUSINESS CENTER. APPLICANT: HYDRA HOTELS LLC. (RP-08-015) Chairman Hill announced the case and asked the applicant to come forward. Jeff Morrison, Tomden Engineering, civil engineer for the Hampton Inn & Suites site, stated that the purpose of the replat is to redefine the lot lines between 3R1 and 3R2 and to establish drainage and utility easements on Lot 3R1. Ms. Huggins gave a staff report with a summary that Staff and the Town Engineer have reviewed the plat and determined that it complies with the Subdivision Regulations, the Comprehensive Land Use Plan, the Thoroughfare Plan, the Comprehensive Zoning Ordinance, and the intent of Planned Development No. 25. Staff recommends that the Planning and Zoning Commission recommend approval to the Town Council. Chairman Hill stated that before he asks for the Commission’s discussion, comments or questions on this request for a replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center (PD-25), that the Commission keep in mind the criteria for plat approval as outlined in the Subdivision Rules & Regulations. Commissioner Ashby asked if there will be a joint access approach for these two lots. Mr. Morrison responded that there will be a joint access easement with a fire lane. Mr. Ashby asked if the developer has agreed to this access. Mr. Morrison responded affirmatively. Commissioner Sheridan asked for clarification of who is doing the plat. Pate Surveying is doing the plat and Tomlin Engineering will be performing the civil site work. Mr. Sheridan asked if Hydra is the owner or just the applicant. Mr. Morrison responded that Hydra is the property owner. Mr. Sheridan asked if they do anything else besides Hampton Inns. Mr. Chudasama, Hydra Hotels, responded that Hydra is a separate entity. Mr. Sheridan stated that he is asking because “many times we will make decisions based on a user and the user is not committed to the application being considered”. Mr. Chudasama stated that Hydra Hotels was created as an entity solely for this development; however, under their management company they do other hotels. Commissioner Sheridan stated that this plat has more drainage on it than the previous replat and he wanted to know if that is because they have a specific site plan in mind. Mr. Morrison responded that they have made an official submittal of a site plan to the Town. Mr. Sheridan stated that in the north corner there is a 15-ft. drainage easement, most of which is already in a drainage easement. What is going there and which way is it draining? Mr. Morrison responded that there is an existing culvert coming out of the 71 residential property (Jamie Ct.) that drains onto the Hampton Inn & Suites site. Mr. Morrison stated that they will take the water into an underground storm sewer. Commissioner Sheridan stated that there are two 10-ft. easements on the plat and he would like to know what is going in those easements. Mr. Morrison stated that the one located near the temporary turnaround is where the actual storm line runs through the property. He wasn’t sure about the purpose of the drainage easement on the north side of the lot. Ms. Huggins stated that she would follow up with the Town Engineer. [In discussion the next morning with Tom Rutledge, Town Engineer, Tom stated that this drainage stubs out at the property line. When development occurs on Lot 3R2, the developer will be required to extend this easement.] Commissioner Sheridan asked if the City required the fire lanes on the plat. Mr. Morrison stated that the City did not require it, but they went ahead and did it in order to have the access easement for the common drive. Commissioner Sheridan stated that he realizes this next question isn’t a platting issue, but he’d like to know where the dumpster is going as the only logical place is by the residential. Ms. Huggins stated that at the moment the dumpster is located in that position, but one of the comments that Staff will have for Mr. Morrison is the suggestion to find another location for the dumpster. Commissioner Sheridan stated that he typically doesn’t look at fire lanes on a plat prior to a site plan but he likes the idea that the fire lanes are not on the property edge and it gives a landscape buffer to the residential and the other properties. Commissioner Sheridan stated that the northern property pin appears to be a common property pin. The purpose of this plat is to avoid any attachment to the residential, which brings into play single story versus four story zoning. Does having a common property pin achieve that? Ms. Huggins responded that she does not believe it is an issue but she will check with staff and the Town Attorney. [In discussion over the next several days, Staff and the Town Attorney concluded that a common property pin is preferable as a clean delineation of property lines.] There were no further comments and the Chairman called for a motion. Commissioner Reed made a motion to recommend to the Town Council approval of the replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center. Vice Chairman Stephens seconded the motion. Ayes: Hill, Reed, Ashby, Forest, Stephens Nays: Sheridan Action: Approved, 5-1 72 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding the approval of a Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP-08-015) RECOMMENDATION: Approval of request for replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center. (ch) 73 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.2 Parks and Recreation Director to provide the monthly Park Board update and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (aa) Attachments: 1. None 74 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an amendment to Chapter 10, entitled "Public Safety", Article II of the Code of Ordinances of the Town, entitled "Traffic and Vehicles"; by renumbering current Section 2.08 "Penalty" to Section "2.09 Penalty" and adopting a new Section 2.08, entitled "Locally Enforced Motor Vehicle Idling Limitations," and providing an effective date. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Ordinance 75 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, ENTITLED “PUBLIC SAFETY, ARTICLE II, ENTITLED “TRAFFIC AND VEHICLES”, BY RENUMBERING THE “PENALTY” PROVISION FROM ITS CURRENT SECTION NUMBER OF 2.08 TO ITS NEW SECTION NUMBER OF “2.09. PENALTY”; AND ADOPTING A NEW SECTION 2.08 ENTITLED “LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS”; 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 TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the U.S. Environmental Protection Agency (“EPA”) and the Texas Commission on Environmental Quality (“TCEQ”) jointly have considered emission reductions to control air pollution from motor vehicles, and the Texas Legislature has created the Texas Clean Air Act (“Act”), which addresses that purpose; and WHEREAS, Section 382.113 of the Act provides authority for municipalities to enact and enforce local laws and ordinances for the control and abatement of air pollution; and WHEREAS, by means of the regulation set forth in Sections 114.50 through 144.512 and Section 114.517 of Title 30 the Texas Administration Code, the TCEQ has set forth regulations intended to assist in the prevention of air pollution caused by unnecessary idling of certain motor vehicles; and WHEREAS, the Town Council finds that the adoption of this Ordinance serves a public purpose, and protects the health, safety, and welfare of the citizens of Town of Trophy Club, by limiting the pollution created by large motor vehicles unnecessarily idling within the Town’s corporate limits; and 76 WHEREAS, the Town Council hereby finds that the renumbering of the current “Penalty” Section from Section 2.08 and to Section 2.09 of Article II, Chapter 10 of the Code of Ordinances, and the adoption of a new Section 2.08 of Article II, Chapter 10, of the Code regulating idling vehicles as further specified herein serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article II entitled “Traffic and Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town is hereby amended to renumber the existing Section 2.08 “Penalty” to be “Section 2.09 Penalty”, which shall read in its entirety as follows: Section 2.09 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 2.02 Article II entitled “Traffic and Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town is hereby amended to adopt a new Section 2.08 entitled “Locally Enforced Motor Vehicle Idling Limitations,” which shall to be and read as follows: Section 2.08 Locally Enforced Motor Vehicle Idling Limitations A. Definitions: For purposes of this Section 2.08, the terms below shall be defined as follows: 1. Commercial Passenger Transportation: means a mode of transportation provided by a bus or motor coach designed to accommodate more than 10 passengers (including the operator) for compensation and that is powered by a primary propulsion engine, but specifically excluding the modes of railroad, light rail, or taxicabs. 2. Idle: means the operation of an engine in the operating mode where: 77 a. The engine is not engaged in gear; b. The engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released; and c. There is no load on the engine. 3. Mechanical Operations: means the use of electrical tools or equipment in construction, maintenance, or repair of facilities. 4. Passenger Transit Operations: means a regional mode of public transportation that is funded through a portion of sales tax for the region being served. 5. Primary Propulsion Engine: means a gasoline or diesel-fueled internal combustion engine that; a. Is attached to a motor vehicle; and b. Provides the power to propel the motor vehicle into motion and maintain motion. B. Idling Prohibited. A person commits an offense if, at any time from April, 1 through September 30 of any calendar year, he causes, suffers, allows, or permits the primary propulsion engine of a motor vehicle to idle for more that five (5) consecutive minutes unless the motor vehicle is in motion. The Owner of a vehicle subject to this Section may be charged with a violation of this Section, if that violation is committed by the Owner’s employee. C. Exception. It is an exception to prosecution under this section that: 1. The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less; 2. The motor vehicle was forced to remain motionless because of traffic conditions over which the operator had no control; 3. The motor vehicle was being used: a. By the United States military, national guard, or reserve forces; or b. As an emergency or law enforcement motor vehicle; 4. The primary propulsion engine of the motor vehicle was providing a power source necessary for a mechanical operation of the vehicle, other than: 78 a. Propulsion; or b. Passenger compartment heating or air conditioning; 5. The primary propulsion engine of the motor vehicle was being operated for maintenance or diagnostic purposes; 6. The primary propulsion engine of the motor vehicle was being operated solely to defrost a windshield: 7. The primary propulsion engine of the motor vehicle was being used to supply heat or air conditioning necessary for passenger comfort or safety, if the vehicle: a. Was a school bus or was intended for commercial passenger transportation or passenger transit operations; and b. Did not idle more than (thirty) 30 consecutive minutes; 8. The primary propulsion engine of the motor vehicle was being used to provide air conditioning or heating necessary for employee health or safety while the employee was using the vehicle to perform an essential job function related to roadway construction or maintenance; 9. The person charged with the offense was the owner of a motor vehicle subject to this Section that had been rented or leased to a third party operating the vehicle at the time of the offense, if the third party vehicle operator was not employed by the vehicle owner. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting motor vehicles 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. 79 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 Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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 6th day of October, 2008. _______________________________ Nick Sanders, Mayor Town of Trophy Club, Texas 80 ATTEST: _________________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 81 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding the expenditure of Parkland dedication funds related to the Harmony Park project and authorizing the Town Manager to execute necessary documents. EXPLANATION: Currently there is approximately seventy-three thousand dollars ($73,000.00) in the Parkland account. Allowing for the change orders in the Harmony Park restroom and parking lot projects, the Town will need an additional sixty-five thousand dollars ($65,000.00) in funding. Staff is seeking permission to appropriate up to the entire seventy-three thousand dollars ($73,000.00) to include any additional or ancillary costs related to these projects. RECOMMENDATION: Staff recommends the expenditure up to $73,000 from the Parkland account for the expenses incurred at Harmony Park as approved by the Town Manager. ACTION BY COUNCIL: (bse) Attachments: 1. None 82 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding an Ordinance repealing Article I entitled "Parks and Recreation Board," of Chapter 9, entitled "Parks and Recreation" of the Code of Ordinances, in its entirety, and adopting a new Article I "Parks and Recreation Board" of Chapter 9 of the Code of Ordinances. EXPLANATION: The revised Park Board Ordinance was brought before Council at their June 16, 2008 meeting for input only; staff has incorporated the suggested changes into the new document and is now bringing the ordinance back for approval. RECOMMENDATION: ACTION BY COUNCIL: (aa) Attachments: 1. Red line of the ordinance 2. Final Copy 2008- Ordinance 83 84 85 86 87 88 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; REPEALING ARTICLE I ENTITLED “PARKS AND RECREATION BOARD” OF CHAPTER 9 ENTITLED “PARKS AND RECREATION”OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; AND ADOPTING A NEW ARTICLE I ENTITLED “PARKS AND RECREATION BOARD” OF CHAPTER 9 OF THE CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town has approximately one thousand acres of parkland available for the use and enjoyment of its residents; and WHEREAS, with the existing parkland, the future recreational amenities needed in the PID development areas, the construction of Byron Nelson High School, and the park and recreational opportunities presented by Trophy Club Park, the Town has many opportunities to explore the expansion and development of parkland and recreational amenities; and WHEREAS, because parkland and recreational amenities are intended for the benefit and enjoyment of the residents of the Town, it is important to allow those residents to play a key role in shaping the expansion and development of parkland and recreational opportunities; and WHEREAS, the Parks and Recreation Board will allow residents to play a more active role and to provide direct citizen input to the Parks & Recreation Director for the development of parks and recreational facilities for the Town; WHEREAS, the Park Board, in place since 2005, has reviewed the existing Ordinance governing the Park and Recreation Board and determined it necessary and appropriate to recommend that Council make various amendments thereto; and 89 WHEREAS, the Town Council has reviewed those amendments and finds them appropriate. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.03 Article I entitled “Parks And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Article I entitled “Parks And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: “Section 1.01. DEFINITIONS. For the purpose of article, the following terms, phrases, words and their derivations shall have the meaning given herein: Parks and Recreation Board (the ”Board”): The Town of Trophy Club Parks and Recreation Board appointed by the Town Council. Director: A person appointed by the Town Manager as Parks and Recreation Director, or the Director’s designee. Park: A park, playground, recreation center or any other area, or facility owned, used, controlled, or leased by the Town, and devoted to active or passive recreation. Section 1.02. BOARD ESTABLISHED/NUMBER OF MEMBERS/TERMS ESTABLISHED/QUALIFICATIONS The Parks and Recreation Board consisting of not less nine (9) nor more than eleven (11) regular members is hereby established as follows: 1. Qualifications. Members shall be residents of the Town of Trophy Club. 2. No Compensation. Members shall serve without compensation. 3. Staggered Terms. Members’ terms will be for three (3) years/staggered. 90 Places on the Board shall be numbered 1 through 11. Places 1 through 4 on the initial Board shall serve for a term of one (1) year. Upon expiration of that one (1) year term, members appointed to those seats shall serve on a regular three (3) year term interval. 4. Hold Over. If a replacement has not qualified upon the expiration of a member’s term, then that member shall continue his/her membership until replaced. 5. Officers. The Board shall annually elect a Chairperson, Vice-Chairperson and a Secretary. a. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. Board shall conduct its meetings in accordance with the Town’s Board, Commission and Committee Handbook. b. The Vice-Chairperson shall assist the Chairperson in directing the affairs of the Board. In the absence of the Chairperson, the Vice- Chairperson shall assume all duties of the Chairperson. In the event that the Vice-Chairperson is absent, the proceedings shall be conducted in accordance with Robert’s Rules of Order. c. The Secretary shall review minutes of all meetings and in the Secretary’s absence; the Chairperson shall designate another member to act as Secretary. Upon approval by the Board, the Secretary shall sign the official copy of the minutes. The Secretary shall distribute, once a year at the first regular meeting a copy of the current Parks and Recreation Ordinance. 6. Director Participation. The Director of the Parks and Recreation Department shall be in attendance at the Board meetings. The Director shall participate in meetings to provide staff assistance, reports, and recommendations as requested by the Board. 7. Ex Officio Member. The Director shall be an ex officio member of the Board, with the responsibility to participate in discussions but without the right to vote. 91 8. Absence. A member’s absence from three (3) meetings annually without formal consent of the board shall be deemed to constitute the resignation of that member and shall be certified by the chairperson to the Town Council. A member’s absence will be considered at the next regularly scheduled meeting following the absence. Members should attempt to make all regular meetings, however, if a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether he/she has sufficient time to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the Chair or staff liaison about attendance. The Chairperson of the Board is to maintain a charted attendance record for all members. If attendance becomes an issue, the staff liaison will attempt to secure a written resignation. 9. Meetings. Regular meetings shall be held at least once a month on the date and at the time established by the Board as provided in this Ordinance unless the Chairperson designates another time, date and place and all members of the Board are notified at least seven (7) days in advance. 10. Quorum. A majority of members shall constitute a quorum. 11. Minutes. Minutes of each Board meeting shall be filed with the Town Secretary. Section 1.03 POWERS AND DUTIES OF THE BOARD The Parks and Recreation Board shall have the following powers and perform the following duties: 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Study And Development of Recreation And Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 3. Advisory Capacity to the Director: It shall advise the Parks and Recreation on problems of development of recreation areas, facilities, programs and improved recreation services. 92 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long-range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report semi-annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10.. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. 12. Actions of Board As a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. Section 1.04 PROCEDURES OF THE BOARD 93 The procedures of the Board are as set out below: 1. The Board shall establish the schedule and time for its regular meetings. The Chairperson may call special meetings. All meetings shall be held in a public place with public notice as prescribed by law. 2. A quorum consisting of a majority of members shall be required for the transaction of any business.” SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or 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 this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 6. EFFECTIVE DATE 94 This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 6thday of October 2008. Mayor, Nick Sanders Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas 95 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.6 Review and provide input regarding the Town's Property Maintenance Ordinance, (Chapter 3, Buildings and Construction, Article XII - Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings, Section 12.06 Minimum Standards; Responsibilities of Owner), and the 2003 International Property Maintenance Code, and take appropriate action to direct staff. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Property Maintenance Code 2. Chapter 3 Buildings and Construction 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. EXPLANATION: The purpose of this agreement is to memorialize the requirements of the Utility Districts as they relate to the Emergency Services SAP. The rates charged to the Town by the Districts will be based upon the tax rate assessed on MUD residents. RECOMMENDATION: Town staff is currently reviewing and updating this document. A revised copy will be sent prior to the Council Meeting. ACTION BY COUNCIL: (bse) Attachments: 1. Interlocal Agreement for Fire Protection Services (will be sent under separate cover.) 262 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.8 Items for Future Agenda. EXPLANATION: The following list has been updated from the September 22, 2008 meeting and other requests by Council: Mayor Pro Tem Sterling requested staff review the appropriate uses of CG Zoning regulations. Town Manager Emmons will provide a report on the appropriate action regarding possible means to control the Garage Sale traffic: removed item from the list. 1. 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 - Cates) 2. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive. (Wilson and Moss – 4/21/08) 3. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Wilson) 4. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08) 5. Review the Citizen of the Year guidelines, criteria and voting process. (Edstrom – 1/21/08) 6. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom – 4/21/08) 263 7. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Wilson – 4/21/08) 8. Discuss and take appropriate action regarding a Library Focus Group. (Wilson – 4/21/08) 9. Discuss and take appropriate action real estate signs and their placement on Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”)(added at 8/18/08 Council Meeting) 10. Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues (Oak Hill) and discussion of same. (Agenda 10/20/08) 11. Staff was directed to review the appropriate uses of CG Zoning regulations. (Sterling - 9/22/08) 12. Discuss and take appropriate action regarding the creation of a Trophy Club Park Task Force. (Wilson – 9/25/08) 13. Discuss and take appropriate action regarding the name change from Marshall Creek Road to Bobcat Blvd previously requested by NISD. (Mayor Sanders - 9/30/08) 264 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.D.9 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. 265 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-6-2008 Subject: Agenda Item No.E.1 Adjourn.