Loading...
Agenda Packet TC 02/16/2009Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, February 16, 2009 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 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.5 Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 9, 2009 Election. A.6 Presentation of awards by Police Chief Kniffen. B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. December 2008 B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 8, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 19, 2009. C.1 Discuss and take appropriate action on matters related to Cause No. 2009- 40021-362, Trophy Club Municipal Utility District No. 2 v. Town of Trophy Club, Texas, pending in the 362nd District Court of Denton County, Texas, including the following: 1 A. Proposed Agreed Court Order between MUD2 and the Town. B. Proposed Interlocal Agreement between MUD2 and the Town. C.2 Discuss and take appropriate action regarding options for consolidation and/or absorption of MUD2 as related to Consolidation Task Force discussions. C.3 Certification of sufficiency for Citizen Petition for Charter Amendments; Council to discuss and provide direction regarding items on the May, 2009 ballot and election ordinance. C.4 Discuss and take appropriate action regarding award of bid for Paving and Drainage Improvements for Bobcat Blvd to Glenn Thurman, rejecting all other bids, authorizing the Town Manager to enter into a contract not to exceed $2,681,413.09 for the project and to execute all necessary documents. C.5 Discuss and take appropriate action regarding award of bid for Water System Improvements for Bobcat Blvd. Water Distribution Line to H2M Utility, rejecting all other bids, authorizing the Town Manager to enter into a contract not to exceed $108,361.00 for the project and to execute all necessary documents. C.6 Discuss and take appropriate action regarding a Resolution supporting the implementation of Rail North Texas in the Dallas-Fort Worth region. C.7 Discuss and take appropriate action to repeal Resolution No. 2005-31 regarding Town support of the America Supporting Americans (ASA) Program and to adopt a new Resolution in support of the ASA Program and designating a person to serve as liaison between the Town and ASA. C.8 Discuss and take appropriate action regarding a Memorandum of Understanding regarding the Joint Regional Municipalities between the Town of Trophy Club, the Town of Westlake, the City of Roanoke and the Northwest Independent School District. C.9 Discuss and take appropriate action regarding an Ordinance repealing Section 12.07 entitled "1000' Safety Zone Map" of Article XII entitled "Registered Sex Offenders" of Chapter 10 entitled "Public Safety" of the Code of Ordinances and adopting a new map as Section 12.07 entitled "1000' Safety Zone Map," of Article XII, of Chapter 10 of the Code of Ordinances. C.10 Discuss and take appropriate action regarding an Ordinance repealing Article VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," of the Code of Ordinances, in its entirety and adopting a new Article VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," in order to add two additional seats to the Tree Board and to make changes to definitions and related provisions throughout Article VIII. 2 C.11 Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. C.12 Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. C.13 Items for Future Agenda. D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", Council to convene into executive session to discuss the following: A. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of Denton County, Texas, including proposed Agreed Order and Interlocal Agreement; B. Legal advice related to the consolidation of MUD1 and MUD2, dissolution of MUD2 and related ballot propositions; C. Legal advice related to the May, 2009 election, ballot, and propositions. D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. E.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.A.2 Invocation. Police Chief Kniffen will offer the Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 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." The Pledges will be led by a member of the Police Department. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.A.4 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. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.A.5 Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 9, 2009 Election. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Proclamation 8 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION 2009- A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO ALL COUNCIL MEMBERS AND CANDIDATES RUNNING FOR THE MAY 9, 2009 ELECTION, INFORMING THEM OF TOWN COUNCIL’S INTENT AND DESIRE THAT EVERY CANDIDATE COMPLY WITH HIS OR HER MORAL OBLIGATION TO OBSERVE ETHICAL STANDARDS IN CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN ORDER THAT, AFTER VIGOROUSLY CONTESTED BUT FAIRLY CONDUCTED CAMPAIGNS, OUR CITIZENS MAY EXERCISE THEIR CONSTITUTIONAL RIGHTS TO A FREE AND UNTRAMMELED CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND CLEARLY EXPRESSED ON THE ISSUES. WHEREAS, each Council member and Council member candidate (hereinafter “Candidate”) will conduct the campaign openly and publicly and limit attacks on his/her opponent to legitimate challenges to his/her opponent’s record and positions on issues; and WHEREAS, each Candidate will not use or permit the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any Candidate or the Candidate’s personal or family life; and WHEREAS, each Candidate will not use or permit any appeal to prejudice based on race, sex, religion, or national origin; and WHEREAS, each Candidate will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will he/she use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the personal integrity or patriotism of his/her opponent; and WHEREAS, each Candidate will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our system of free elections or that hampers or prevents the full and free expression of the will of the voters, including any activity aimed at intimidating voters or discouraging them from voting; and WHEREAS, each Candidate will defend and uphold the right of every qualified voter to full and equal participation in the electoral process, and will not engage in any activity aimed at intimidating voters or discouraging them from voting; and, WHEREAS, each Candidate will immediately and publicly repudiate methods and tactics that may come from others that he/she has pledged not to use or condone. He/She shall take firm action against any subordinate who violates any provision of this Proclamation or the laws governing elections. 9 NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing premises are hereby adopted by the Town Council of the Town of Trophy Club. Section 2. That each incumbent Council member and Council member candidate (“Candidate”) hereby voluntarily endorses this Proclamation regarding ethical campaigning, Section 2. That each Candidate subscribes to uphold their ethical and moral obligations as specified in this proclamation and to encourage non-incumbent candidates to comply with the basic principles outlined herein, Section 3. That each Candidate solemnly pledges to conduct the campaign in accordance with the above principles and practices. Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 16th day of February, 2009. ________________________________ Mayor, Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary, Town of Trophy Club, Texas 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.A.6 Presentation of awards by Police Chief Kniffen. EXPLANATION: 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. December 2008 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Variance Report 12 13 14 15 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 8, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated December 8, 2008 17 MINUTES FROM SPECIAL JOINT SESSION BETWEEN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT and TROPHY CLUB TOWN COUNCIL MONDAY, DECEMBER 8, 2008 AT 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Joint/Special Session on Monday, Thursday, December 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 Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member Master District Directors Present: Connie White Chair Carol Borges Vice Chair James Thomas Secretary/Treasurer Kevin Carr Board Member Jim Hase Board Member Dean Henry Board Member Steven Kohs Board Member Neil Twomey Board Member Gary Cantrell Board Member Jim Budarf Board 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 Mary Moore Recording Secretary Robert Scott Utility Superintendent Bob West Attorney Pam Liston Attorney A.1 Call to Order and Announce a Quorum. a. Master District Master District Chair White called the Master District to order at 6:00 p.m. noting a quorum was present. b. Town Council Mayor Sanders called the Town Council to order at 6:00 p.m. noting a quorum was present. 18 A.2 Public Comments or Presentations Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. No citizens addressed the Board. B.1 Discuss and take appropriate action regarding direction on the McLain report, funding of additional costs, additional data, extending scope of services and additional action related to the report. Mayor Sanders said that the Council voted not to spend any additional money for the web-based browser and suggested WinOcular. Sanders stated that the Council took action approving the original contract fee that included the four scenarios would be provided with that. Director Budarf commented that he did not see any reference to scenarios and only a list of spreadsheets Chair White agreed that the contract did not state the scenarios would be provided. White questioned how the group can determine what information McLain has. Council member Moss recalled Council’s motion, which passed 4:1, approving to pay half of the $7,500 due, providing the Master District also agreed. Chair White understands that the $7,500 completes the study and the additional $10,000 is necessary to receive the analysis. Town Manager Emmons quoted the proposal and summarized that by fulfilling the payment obligation, McLain would produce what he has done to date, including the scenarios. To produce the data in a web- based browser would require additional funds. Director Henry feels that we have received all the information we can from McLain and the rest can be done by us. Council member Wilson stated that Council’s discussion with McLain explained that the $15,000 would cover delivery of the analysis and all backup data. Wilson said that staff can handle placing the information in a web-based browser, rather than expending additional funds. Motion made by Director Budarf, seconded by Vice Chair Borges to pay the remaining $3,750, satisfying the Master District’s contractual agreement for adequate data. Director Cantrell would like one of the Directors to look at the information prior to vote as he has only seen an analysis in McLain’s editorial. Director Twomey agreed with Cantrell. Council member Wilson stated that the information would be based off of the FY2008-09 budget and McLain would be available to help interpret the data. Wilson stated that McLain preferred to hand the model over to Chair White to run her own numbers. Mayor Sanders stated that as a citizen, the Town has the obligation to pay a vendor for an agreed upon product. If the data is not adequate or acceptable, the Town has the opportunity to object. Council member Edstrom stated concern that the group was getting too subjective by requesting yet another group review the data when the original goal was to have an impartial person review the facts. Thirty minutes on one item is indicative of the governance issue. 19 Vice Chair Borges stated that the Master District was not looking for validation of the numbers only for fulfillment of the contract. Mayor Pro Tem Sterling said that he hoped the Master District fulfills their portion of the contract in order to receive the consolidated numbers. Director Budarf restated his motion, to pay the remaining $3,750, satisfying the Master District’s contractual agreement for providing the contract is fulfilled, and added review by the Consolidation Committee to ensure that the contract is fulfilled. The intent of the motion was not to argue the numbers but to ensure that McLain fulfills his contract. Director Hase thought McLain said he had not fulfilled the agreement by providing a recommendation. Mayor Sanders explained that McLain chose not to make a recommendation and rather provided options suggesting that the governance issues be fixed first. Chair White called the question. The amendment (to pay the remaining $3,750, satisfying the Master District’s contractual agreement for providing the contract is fulfilled, and review by the Consolidation Committee to ensure that the contract is fulfilled) passed with Director Cantrell opposing and Director Twomey sitting out. B.2 Discuss and take appropriate action regarding comments and opinions from McLain Update, governmental service issues, including water/wastewater operations, fire protection and other governmental services provided by the Town and MUDs to the residents; Town-MUD relations, and governance issues. Director Budarf said that the relationship between the Town and MUD has been a seesaw over the past several years. Budarf stated that the press was more than welcome to attend meetings, and that the Elected Officials should do due diligence prior to speaking to the press. Chair White and Director Twomey presented a graph with the issues and goals. Chair White said her suggestion is to consolidate MUD1 and MUD2 and eventually move under the Town. Mayor Sanders stated that some facts and data were left out of the information presented and objected to some of the adjectives used in the presentation. Sanders is concerned that someone may take the information presented as gospel and questioned the assumptions made in the presentation, stating that he had a different viewpoint. Vice Chair Borges said that she appreciated Mayor Sanders’ comments and questioned his reference to a Water Board. Borges said in essence that would be removing MUD2 only to create another Board. The group discussed the number of meetings occurring given the current government structure. Council member Edstrom asked Town Attorney Adams if a vote of the citizens was required under any of the scenarios. Town Attorney Adams advised that a vote for consolidation of MUD1 and MUD2 was required and that a vote was not necessary for the Town to take over MUD2. Council member Edstrom stated she would have preferred that the MUDs worked with the Town prior to presenting the graph with the issues and goals. Chair White said that staff was not questioned regarding efficiencies and that the information presented was just a start. Director Twomey spoke to the lack of communication between the Council and the Master District; that the Consolidation Committee has only begun pulling data and the Mayor is already talking about a Water Board. Twomey stated that prior to the Town taking action a cost benefit analysis needed to be preformed. 20 Director Thomas said real financial numbers are necessary and Thomas expressed his disappointment in the lack of numbers presented by McLain. Thomas questioned how to distribute the MUD2 tax throughout the Town as he has not found a Municipality in Texas that charges a different water/waste water rate in different areas in a community. Residents can write off a MUD tax but not their water bills. Town Manager Emmons stated that typically an entire community has one water provider. The Town would not charge different rates for different areas in the community. Good facts and information were presented, however, there was not enough data to prove up any assumption yet. Emmons agreed that a resident cannot write off water rates and you cannot control water taxes, but can control water rates based on usage and commodity. Additionally, other cities don’t charge an ad valorem tax for operations. Emmons suggested that all step aside from everyone trying to make a point or win a fight, and work together. Director Henry stated that the only water provider in Trophy Club is MUD1. MUD1 has a contract with Fort Worth, not MUD2 and not the City, MUD1. Director Twomey added that the combined cost of an average home value with the MUD1 or MUD2 tax was still less than compared to Roanoke or Westlake. Director Budarf stated his concern for the lack of proof showing financial benefit with the dissolution of MUD2. Budarf commented that he would vote in favor if there was proof that it would be revenue neutral. Chair White suggested that the Board consider including two Council members to the Consolidation task force as posted under Item B.3. White further suggested implementing another task force to research the Town taking over MUD2 and include members of the MUDs. Council member Edstrom cautioned the group about being myopic and suggested the already established Consolidation Committee research all consolidation options and viable options. MUD2 Attorney Liston advised for purposes of the consolidation, the water code negotiations should be kept between the two parties. Town Attorney Adams stated that the Agenda was not posted to talk about the creation of another task force under Item B.3. Town Manager Emmons supports one group researching all options. Director Cantrell suggested that the Ways and Means Advisory Group look at numbers and upon completion of the audit allow the auditors to make a recommendation regarding consolidation and savings. Chair White and Director Budarf suggested inviting two residents to the Consolidation Committee as well as add the attorneys to the Consolidation Committee. Mayor Sanders clarified that the Master District expanded the original scope of the committee to look at all consolidation options. Motion made by Director Budarf, seconded by Thomas to expand the Consolidation Committee to include two Council members and two residents to look at all consolidation options as one committee and come back in time to post for the May election. Director Cantrell suggested resident Bob Fair. Director Budarf said that recommendations need to be turned in to the Chair and Mayor and they would choose. 21 Council member Moss stated concern that too much was being put on the committee in order to meet the deadline for the May election. Council member Edstrom suggested the Committee break up into sub groups. Director Cantrell suggested deadlines might impact the ability for the Committee to research the correct way. Chair White agreed and stated Cantrell’s suggestion was valid as long as all agree that no additional action would be taken by any of the parties, until the Consolidation Committee has concluded their review. Director Budarf amended the motion, seconded by Director Thomas to include two Council members and two residents, to look at all scenarios and remove the deadline. Council member Wilson stated that rather than creating all these sub-committees the group needs to decide where everyone stands. Mayor Sanders said that Council had not taken any action regarding the consolidation and has asked for legal advice. Sanders asked staff to post an item to the Council’s Agenda to discuss consolidation options and the legalities associated with those options. Mayor Pro Tem Sterling questioned if total consolidation was the ultimate goal. In order for the Consolidation Committee to be successful, the entire group needs to come to a consensus and let that purpose be completely understood. Sterling asked the group to consider what they want the Town to look like in ten years. Sterling stated as a resident of MUD2, it is easier to understand one tax; people are scared of MUD taxes because they do not understand it. Chair White said she had a problem with Sterling’s comments that MUD taxes are a problem but PID fees were okay. Director Henry agrees with one entity and said it was between MUD1 and Westlake. Council member Wilson stated for the record that no discussions regarding a Water Board have occurred. Wilson suggested creating a strategic plan in order to consolidate into one entity and not create additional entities and/or committees. Director Budarf said that the MUDs have talked about consolidation for a long time and now it was coming to a head. Budarf said people think their taxes will go away if the MUDs go away, which is not true. The taxes only get moved around. Mayor Pro Tem Sterling said that the taxes would be easier to understand if all under the same entity. Director Thomas feels the Consolidation Committee will benefit better once the McLain report comes in and appreciated Council member Wilson’s and Strother’s input in the Committee. Mayor Sanders asked that the numbers currently being collected by the Consolidation Committee be shared with the Council and for an agreement that lines are not drawn between the Entities and that all share the information collected. Sanders said that, all though the process can be tedious, he appreciated the Joint Meetings to discuss the issues and options, as Council has an obligation to follow the requirements of the Open Meeting’s Act. Chair White agreed with Mayor Sanders and asked that the group make an agreement that action excluding the other entities not be taken until the Consolidation Committee makes their final report. Director Budarf called the question. 22 Chair White said that she felt strongly that the Consolidation Committee first determines what the right step was for the residents. White stated if the analysis was going to be done correctly, she would like to know, that neither party would go off and take some other action that precludes the other one. White requested the group agree to the same agreement that was made and adhered to when the McLain Study began and reiterated that neither party take further action until the results from the Consolidation Committee are reported. White summarized the agreement that the MUDs would not place consolidation on the ballot until all agreed that this was the best step and that the Town not vote to dissolve MUD2 until the analysis was completed and all agreed this was the best step. Director Cantrell seconded the motion. (Chair White’s statement was not made as a motion, Director Cantrell agreed with White’s request.) Mayor Pro Tem Sterling agreed in the spirit of cooperation, stating that he felt the agreement was the only way to move the Town forward. Town Attorney Adams cautioned the Council that the Agenda is not posted for action. Chair White said that consensus from the group was not action. In addition to Mayor Pro Tem Sterling and Director Cantrell verbal acknowledgement, the following agreed to a consensus to work together and not take further action: Director Hase Council member Edstrom Director Henry Mayor Sanders Chair White Director Borges Director Thomas Council member Wilson Director Budarf Council member Strother Director Twomey Director Kohs Council member Moss The amendment (to expand the Consolidation Committee to include two Council members and two residents, to look at all consolidation options as one committee, and report back to the Board with no due date) passed with Director Henry opposing. Mayor Sanders read a letter into the record submitted by Greg Lamont. Director Kohs thanked Director Twomey for putting together the numbers. B.3 Discuss and take appropriate action regarding the inclusion of two Council Members to serve on the MUDs’ Joint Task Force to study the consolidation of MUDs 1 and 2. Action taken under B.2 B.4 Discussion regarding MUDs' recent vote to consolidate MUD1 and MUD 2, the process for consolidation, and the consensus regarding the consolidation of the MUDS. Action taken under B.2 Council member Edstrom asked the Consolidation Committee to review the numbers collected by Director Twomey. Director Twomey said the Consolidation Committee met last night and the numbers were shared with the other Directors today. Director Twomey presented and explained those preliminary numbers. 23 Vice Chair Borges asked for a volunteer to take the lead to help move the Consolidation Committee forward. Director Hase volunteered. Mayor Sanders asked that Town Manager Emmons be included in the meetings. C.1 Adjourn. Motion made by Henry, seconded by Budarf to adjourn. Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 8:14 p.m. ____________________________ ___________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 19, 2009. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated January 19, 2009 25 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 19, 2009 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, January 19, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor arrived at 7:30 p.m. Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Kathleen Wilson Council Member Jim Moss 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 Carolyn Huggins Planning and Zoning Coordinator A.1 Mayor Pro Tem Sterling called to order and announced a quorum at 7:03 p.m. Mayor Pro Tem Sterling advised that Mayor Sanders would be late. A.2 Mayor Pro Tem Sterling offered the Invocation. A.3 Michael Tsapos and Luke Murray from Boy Scout Troop 168 led the Pledges. A.4 Citizen Presentations: No citizens addressed Council. TOWN COUNCIL TO CONVENED INTO REGULAR SESSION *REGULAR SESSION B.1 Discuss and take appropriate action regarding a request for a Community Sign Program and authorizing the Mayor or his designee to execute all necessary documents. (Applicant: High Trophy Development, LLC., Represented by Alvin Jackson, Director of Marketing and Sales). Town Manager Emmons stated the Developer requested site locations to implement a community sign program that would allow the Developer to market The Highlands at Trophy Club, its amenities and the entire Trophy Club community. At the July 7, 2008 Council meeting, Council recommended submittal of a Community Sign Program that would market existing and proposed site locations. The Council 26 recommended several sign programs including the monument sign program outlined below. The Developer provided a proposed sign program that requires funding from the Town of Trophy Club. Alvin Jackson, Director of Marketing and Sales, High Trophy Development, L.L.C. explained how the proposal will add seven (7) new monument signs in median site locations along Trophy Club Drive in The Highlands at Trophy Club and one (1) sign along Marshall Creek Drive (future Bobcat Blvd.). The signs would provide direction for current and future residents, providing aid in finding various neighborhoods and amenities throughout The Highlands at Trophy Club. 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 Country 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 south of the new Byron Nelson High School. The Community Sign program will be updated occasionally to provide directions throughout 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. Council Wilson questioned the cost, to which Mr. Jackson estimated $12,000 -15,000 per sign. Town Manager Emmons added that reconstruction of the marquee located on Trophy Lake Drive cost $16,000. Council member Edstrom asked if there has been any consideration of what will be donated regarding the permanent signs. Mr. Jackson said that there have not been any discussions regarding a donation from the Developers at this stand point. Currently, Mr. Jackson does not have that funding in his marketing budget. Mr. Jackson asked the Council approve the proposal so that he can start preparing the sign project. Discussion ensued regarding the funding source. Town Manager Emmons said that beautification funds may be available under the Parks Department, medians maintenance and Streets Department signs and striping Council member Edstrom would like the Council to consider future donations for signs that would have impact on the Highlands. Motion made by Edstrom, seconded by Moss to approve a request for a Community Sign Program, authorizing the Town Manager to execute all necessary documents, including one-year permits for temporary signage. The signs that will meet the temporary signage code approved by the Town will not exceed more than 32 sq. ft. Council member Strother confirmed that the Council would have the opportunity to change if they approve tonight. Mayor Sanders said that the uniformity in signs 5, 6 and 7 helps and that Moayedi Mehrdad talked about some type on monuments of the land close to sign #3. Council Wilson clarified that this Item would come back before Council before any funding agreements are made. Motion passed unanimously without further discussion. B.2 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. 27 Town Manager Emmons acknowledged Texas Department Sergeant Olivier. Motion made by Edstrom, seconded by Sterling to approve an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. Motion passed unanimously without further discussion. B.3 Discuss and take appropriate action regarding the Three Proposed Charter Amendments previously submitted by the Charter Review Commission for the May 2009 ballot as revised by Staff and action taken by the CRC members, including receiving resignation of CRC members. Mayor Sanders explained that Staff received direction from Council at their January 5, 2009 meeting to revise the Three Proposed Amendments. A. 13. Clarify Grounds for Recall Town Attorney Adams said that she revised the ballot language previously considered in the November 2007 Charter Amendment Election by providing definitions for incompetency, misconduct and malfeasance. Council member Edstrom supports moving forward to be in compliance with State Law. Council made no objections, Staff will move forward. B. 16. Budget Process Enhancement Town Manager Emmons stated that the language submitted by the Charter Review Commission was revised by adding, “The budget will be created and administered in full compliance of all fiscal policies and procedures adopted by the Town Council,” to the end of Section 9.02. Mayor Pro Tem Sterling supports this approach as it requires the Council to adopt and adhere to Fiscal Policy, without imposing ultimate micro-management that would occur with the previous submitted language. Council member Edstrom agreed with Sterling and said that the Town needed to have the flexibility to revise the Fiscal Policies and would be bound for two years if it was added to the Charter. Council member Wilson supported the revision providing the comparative analysis in the Proposed Amendment was included in the Fiscal Policy. Town Manager Emmons stated that it would still include the comparative analysis from prior years. Mayor Sanders stated that the Council would have to approve the policy and would have the ability to review and amend if necessary. Council member Wilson confirmed her support providing the revision moves in that direction. C 18. Code of Ethics and Conduct Town Manager Emmons said Staff was not able to provide a revision at this time. Council directed Staff bring all three back at the February 2, 2009 meeting. Motion made by Edstrom, seconded by Strother approving and accepting the resignation of the CRC members. Motion passed unanimously without further discussion. 28 Mayor Sanders expressed gratitude to the CRC members for their time spent working on the 19 proposed amendments. Council member Strother agreed with Mayor Sander’s sentiments and said he appreciated the time and effort committed by the CRC members. B.4 Discuss and take appropriate action regarding policies and procedures for implementing a community wide survey program. Town Manager Emmons stated that IT Director, Mike Pastor has discussed with STW and the current estimate was $5,000. Emmons addressed the MUD Directors in the audience, stating that he was waiting for additional information before consulting with them. Staff will begin writing policies and will keep the Council appraised. No action taken. B.5 Update regarding consolidation plan for MUD1 and MUD2; Town dissolution of MUD2, including financial considerations and providing Fire Services; discuss and take appropriate action regarding same. Mayor Sanders stated that the consolidation committee has met weekly and that Council directed Town Manager Emmons to work a few scenarios. Mayor Sanders stated the Council has received a handout of the draft document the Consolidation Committee worked on. MUD1 Director Twomey took the lead in preparing the data. Sanders recognized the four MUD1 Directors present. Sanders asked if MUD1 wanted to call a quorum. A quorum was not announced. Town Manager Emmons explained how the existing debt would be taken care of should the Town absorb MUD2. MUD2 had three General Obligation Series (2002, 2003 and 2005), with repayments occurring this fiscal year and the last payment for all three obligations in 2023. Dan Almon from Southwest Securities advised that two of the bonds could be refunded with a tax exempt status and one would have to be refunded as a non-exempt status should the Town absorb MUD2. The average interest rate on all three bonds was approximately 4.5 - 4.6%. Emmons concluded that the two options are: revenue bonds or an assumption tax on the existing debt which would spread the debt across the entire community. Director Twomey explained the projections provided in the O&M Savings document created for the Consolidation Committee. Twomey said the Fire tax would decline with the growth of the PID. Mayor Pro Tem Sterling thanked Director Twomey for his compilation of the numbers due to the enormous amount of work. Sterling confirmed Director Twomey’s confidence in the accuracy of the bond rating. Town Manager Emmons stated the cost savings of MUD1 and MUD2 consolidating was similar to the scenario if the Town absorbed MUD2. Emmons said that although he has not had a chance to analyze, he felt that even without consolidation the Utility Districts could still have a projected eight cent tax savings. Council member Strother asked Director Twomey to send him the entire O & M spreadsheet of assumptions. Chair White confirmed that the rent was not being double booked. Director Carr said that it would be nice to get all information from the Town in order to compare. 29 Mayor Sanders explained the fire tax in different scenarios. Council member Wilson confirmed that Westlake does not have a joint Fire Department outside of the Interlocal agreements. Director Henry stated Westlake would need to impose a property tax in order to tax Solana. Mayor Sanders clarified that Westlake was not talking about a property tax but an equivalent. Director Carr said the whole process began in order to simplify the government and yet it seemed as if the process would only be adding other layers. Mayor Sanders asked the Council’s availability should the Consolidation Committee complete their review and want to schedule a joint meeting. Council member Moss - open Council member Edstrom will be away on business January 28 – 30, 2009 and February 3 – 4, 2009. Mayor Pro Tem Sterling prefers to meet on Monday. His currently availability is Monday, Tuesday and Wednesday. Council member Wilson will be unavailable the last week of January and the first week of February. Council member Strother prefers to meet on Monday. Strother will be gone the end of January, but back in time for the February 2, 2009 meeting. Strother is available for the February 16th meeting and will be out of the office the rest of the week. Director Hase said the Consolidation Committee hoped to have the consolidation of MUD1 and MUD2 plan completed by tomorrow. The Committee still needed scenarios regarding the Town absorbing MUD2. Hase hopes to complete the entire review by the end of January. No action taken, update only. B.6 Discuss and take appropriate action regarding an Ordinance amending Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the Code of Ordinances, entitled Administration". Town Manager Emmons said the Amendment would allow the Town to charge for Contractor Registration fees. Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the Code of Ordinances, entitled Administration". Motion passed unanimously without any discussion. B.7 Items for Future Agenda. Mayor Sanders stated that #5, “Discuss and take appropriate action regarding Real Estate signs and their placement, including potential amendments to Chapter 5, "General Land Use," Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D, "Real Estate Signs" was requested by Council member Edstrom. Council member Edstrom will be unable to attend the February 2, 2009; therefore the item will be brought back at a later date. Item #7, “Discuss and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting process, consider moving the deadlines for submission of nominees, and changing the selection of Citizen of the Year to the month of May” will be removed as Council discussed at their December 15, 2008 meeting. 30 TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 9:31 P.M. EXECUTIVE SESSION C.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: A. Legal advice related to consolidation of the MUD1 and MUD2; dissolution of MUD2. TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION AT 11:20 P.M. *REGULAR SESSION C.2 Discuss and take appropriate action relative to Executive Session Item Number C.1. No action taken. D.1 Adjourn. Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 11:21 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.1 Discuss and take appropriate action on matters related to Cause No. 2009- 40021-362, Trophy Club Municipal Utility District No. 2 v. Town of Trophy Club, Texas, pending in the 362nd District Court of Denton County, Texas, including the following: A. Proposed Agreed Court Order between MUD2 and the Town. B. Proposed Interlocal Agreement between MUD2 and the Town. EXPLANATION: MUD2 is currently drafting a proposed Agreed Court Order and a Proposed Interlocal Agreement related to the pending legal action filed by MUD2 against the Town; however, as of the deadline for posting the Council’s February 16th agenda, MUD2 drafts have not yet been provided to the Town. MUD2 will be discussing and taking action on those items at a Special Meeting to be held on Friday, February 13, 2009. Backup documents for this agenda item will be forwarded to Council when MUD2 provides their final draft of those documents to the Town. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 32 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.2 Discuss and take appropriate action regarding options for consolidation and/or absorption of MUD2 as related to Consolidation Task Force discussions. EXPLANATION: The Consolidation Task Force has met almost weekly since the end of December. During these meetings, there have been several issues that have come up that require Council direction. The purpose of this item is to provide an opportunity for the Council to discuss the various options available regarding consolidation/absorption of MUD 2. RECOMMENDATION: Provide direction to staff ACTION BY COUNCIL: Attachments: 1. Email Correspondence 33 From: Brandon Emmons Sent: Tuesday, February 10, 2009 8:13 AM To: Jim Hase; Glenn Strother; Kathleen Wilson; Jim Moss; Philip Sterling; Susan Edstrom Cc: Nick Sanders; Bob Fair; Glenn Strother; Jim Thomas; Kathleen Wilson; Neil Twomey; Robert Scott; Steven Kohs; Pete Reincke; Mary Moore Subject: RE: Attached E-Mail from Brandon Emmons to me. 1. If the old MUD 2's payments received from either the developer or the PID builders are applied to the fire station, how will the Town pay for the old MUD 2's water bonds starting in October, 2009? There are several workable solutions under this scenario, the Town could increase the tax rate on all of the Town sufficiently to cover the debt obligation, or it could increase its revenues enough to cover the debt service. Increasing the revenues could achieve the stated goals by two different methods, revenue bonds or "PILOT", payment in lieu of taxes. Since the issuance of revenue bonds is the least attractive option at this time, I would assume the other option would be preferable. The Town would dedicate a portion of it's ad valorem taxes to cover the assumed debt, and then cover the shortfall in the current operations with a payment from the utility operations. Since there is a built in savings from absorption, the rate increase necessary to cover the shortfall would be less than what is currently being paid in taxes by MUD 2 residents. The Solution that I would recommend to Council would be a combination of the 2 most attractive scenarios presented above: utilizing a portion of revenues over expenditures in the current MUD 2 rate structure and offsetting the remaining deficit with an increase in taxes. The first thing that will have to be considered is the cost savings of MUD 2 as a result of absorption. It is expected that the Town will see approximately $75k less in operational costs which can be used to reduce the debt service. Assuming that the debt will be the same as this year ($721k), the new amount will be $646k. This amount can be further reduced by utilizing prior year reserves, MUD 1 payments and transfers from O&M ( the current fy includes $117k). This means that there is a remaining balance of $529k. I would also recommend that any PID payments received be utilized for debt service. When the PID payment of $258k is applied, the total amount of the debt service that will be required by an increase in the tax rate is $271k, or approximately $.0335 per $100. Of course this amount can be zeroed out if the monthly base charge for each MUD 2 and PID customer is increased by an amount of $13.80. If you have any questions about the above information, please let me know. Brandon S. Emmons Town Manager Town of Trophy Club 682-831-4607 34 From: Jim Hase [mailto:jshase@charter.net] Sent: Monday, February 09, 2009 9:00 AM To: Glenn Strother; Kathleen Wilson; Jim Moss; Philip Sterling; Susan Edstrom Cc: Nick Sanders; Bob Fair; Brandon Emmons; Glenn Strother; Jim Thomas; Kathleen Wilson; Neil Twomey; Robert Scott; Steven Kohs; Pete Reincke; Mary Moore Subject: Attached E-Mail from Brandon Emmons to me. On Brandon's answer to Question #1, he refers to "several workable solutions". It is my understanding that Brandon believes that the decision as to which workable solution he recommends to the Consolidation Task Force (CTF) would have to authorized by the Town Council. I would respectfully request that the Council give Brandon the necessary direction as to which workable solution is to be recommended so the CTF can complete its work. IMPORTANT WARNING: This message is intended for the use of the person or entity to which it is addressed and may contain information that is privileged and confidential, the disclosure of which is governed by applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is STRICTLY PROHIBITED.[v:102105] 35 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.3 Certification of sufficiency for Citizen Petition for Charter Amendments; Council to discuss and provide direction regarding items on the May, 2009 ballot and election ordinance. EXPLANATION: The Citizen Petition for Charter Amendments was filed on January 26, 2009, with 584 signatures. There were at least 300 valid signatures which satisfies the 5% required by law. Denton County reported 5,038 registered voters and Tarrant County reported 287 registered voters. 5% of 5,325 = 266.25 RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 36 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.4 Discuss and take appropriate action regarding award of bid for Paving and Drainage Improvements for Bobcat Blvd to Glenn Thurman, rejecting all other bids, authorizing the Town Manager to enter into a contract not to exceed $2,681,413.09 for the project and to execute all necessary documents. EXPLANATION: RECOMMENDATION: Staff recommends awarding the bid to Glen Thurman Inc., and authorizing the Town Manager to enter into a contract between the Town and GTI for an amount not to exceed $2,681,413.09. ACTION BY COUNCIL: Attachments: 1. Bid Tab 2. Recommendation 37 38 39 40 41 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.5 Discuss and take appropriate action regarding award of bid for Water System Improvements for Bobcat Blvd. Water Distribution Line to H2M Utility, rejecting all other bids, authorizing the Town Manager to enter into a contract not to exceed $108,361.00 for the project and to execute all necessary documents. EXPLANATION: RECOMMENDATION: Staff recommends awarding the bid to H2M Utility for the 12 inch water line along Bobcat Blvd and authorize the Town Manager to enter into a contract not to exceed $108,361.00. ACTION BY COUNCIL: Attachments: 1. Bid Tab 2. Recommendation 42 43 44 45 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.6 Discuss and take appropriate action regarding a Resolution supporting the implementation of Rail North Texas in the Dallas-Fort Worth region. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. A Resolution provided by Denton County will be handed out at the meeting. 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.7 Discuss and take appropriate action to repeal Resolution No. 2005-31 regarding Town support of the America Supporting Americans (ASA) Program and to adopt a new Resolution in support of the ASA Program and designating a person to serve as liaison between the Town and ASA. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Resolution 2005-31 2. Resolution 2009-XX designating a new liaison 47 48 49 50 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2009- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB REPEALING RESOLUTION NO. 2005-31 AUTHORIZING TOWN ADOPTION OF A UNIT THROUGH THE AMERICA SUPPORTING AMERICANS PROGRAM (“ASA”) AND DESIGNATING A LIAISON, AND ADOPTING A NEW RESOLUTION AUTHORIZING TOWN ADOPTION OF A UNIT THORUGH THE ASA PROGRAM, DESIGNATING A PERSON TO SERVE AS LIAISON BETWEEN THE TOWN, THE ADOPTED UNIT, AND ASA; AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, American military forces are either engaged in defending or are prepared to defend and support American interests and principles, and WHEREAS, the Adopt-a-Unit program created by America Supporting Americans on March 4, 1968 provides a mechanism whereby all branches of the United States Armed Services can be "adopted" by American communities, and WHEREAS, the purpose of this adoption program is to create a bond between American communities and the military men and women who bravely serve their country, and WHEREAS, this bond is intended to support the morale of said service men and women without regard to individual political ties or affiliations, and WHEREAS, in recognition of the challenges confronting American service men and service women, it is appropriate and fitting that the Town of Trophy Club, Texas show its support by adopting a unit, ship or squadron. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: That the Town Council of the Town of Trophy Club hereby adopt and offer its ongoing respect and support, in time of war and in time of peace, to the unit/ship/squadron designated by the America Supporting Americans Program. Section 2: That the Town Council, or other comparable civic authority, hereby designates the following individual as the official, primary liaison between this community, the newly adopted unit/ship/squadron, and America Supporting Americans, as the organization which has facilitated this adoption: ____________________. All 51 contact information for this individual is included in the Adoption Agreement Form accompanying this Adoption Resolution. Section 3: The Town of Trophy Club, Texas hereby encourages all Town employees, businesses, service clubs, charitable organizations, and private citizens to become involved in supporting this adoption. Section 4: That the Mayor is hereby authorized to add to this Resolution the name of the unit/ship/squadron assigned to the Town for adoption by America Supporting Americans without further action on the part of the Town Council and to execute all necessary documents related to the Town’s participation in this program. Section 5: A copy of this resolution shall be posted in a central, public place and shall be sent to the NCTCOG urging participation in this cause. Section 6: That Resolution No. 2005-31 is repealed and this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 16th day of February, 2009. _____________________________ Mayor Nick Sanders Town of Trophy Club, Texas ATTEST: ___________________________ Town Secretary Town of Trophy Club, Texas [SEAL] 52 APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas 53 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.8 Discuss and take appropriate action regarding a Memorandum of Understanding regarding the Joint Regional Municipalities between the Town of Trophy Club, the Town of Westlake, the City of Roanoke and the Northwest Independent School District. EXPLANATION: This MOU was developed out of an idea proposed at a past Regional Joint Meeting with Roanoke, Westlake, and Northwest ISD. The purpose of the MOU is to provide a non- binding agreement to work together on development issues that impact all of the communities. The individual communities will retain final authority over development in their respective communities, but each will agree to work towards common goals and objectives. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Joint Regional Municipalities Memorandum of Understanding 2. Exhibit A 54 55 56 57 58 59 60 61 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.9 Discuss and take appropriate action regarding an Ordinance repealing Section 12.07 entitled "1000' Safety Zone Map" of Article XII entitled "Registered Sex Offenders" of Chapter 10 entitled "Public Safety" of the Code of Ordinances and adopting a new map as Section 12.07 entitled "1000' Safety Zone Map," of Article XII, of Chapter 10 of the Code of Ordinances. EXPLANATION: The 1000-ft. boundary map has been updated to include the following: PARKS Community Pool, 5.98 acres, 500 Parkview Dr. Harmony Park, 13 acres, 599 Indian Creek Dr. Independence Park, 10 acres, 501 Parkview Dr. Lakeview Park, 9 acres, 100 Village Trail (same as Lakeview Elementary School) Northwest Park, 16.08 acres, Parkview Dr/Bobcat Blvd. Skyline Park, 3.5 acres, 304 Ridgeview Lane Not included at this time: Northeast Park, 12.9 acres, Trophy Park Drive Trophy Club Park, 877 acres, 2885 Marshall Creek Rd. (Trophy Park Drive) CHURCHES Fellowship United Methodist Church, 101 Trophy Club Dr. The Church at Trophy Lakes, 800 Trophy Club Dr. Lake Cities Church of Christ, 280 Indian Creek D. DAYCARE Merryhill School of Trophy Club, 50 Village Trail SCHOOLS Medlin Middle School, 601 Parkview Dr. Samuel Beck Elementary School, 401 Parkview Dr. Lakeview Elementary School, 100 Village Trail Byron Nelson High School, 2007 Marshall Creek Rd. (Bobcat Blvd.) 62 RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Ordinance 63 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING SECTION 12.07 ENTITLED “1000’ SAFETY ZONE MAP” OF ARTICLE XII, ENTITLED “REGISTERED SEX OFFENDERS”, OF CHAPTER 10 ENTITLED “PUBLIC SAFETY”, OF THE CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF A NEW “1000’ SAFETY ZONE MAP” IDENTIFIED AS SECTION 12.07 OF THE CODE AND AS SET FORTH IN EXHIBIT “A” ATTACHED HERETO; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipal corporation organized under the Constitution and the laws of the State of Texas; and WHEREAS, the Town Council has the authority to enact ordinances that it determines are necessary to protect the public health, safety and welfare; and WHEREAS, Article 42.12, Section 13B(a), of the Texas Code of Criminal Procedure provides a 1,000 foot safety zone for children as a condition of community supervision and probation for those convicted of certain sex-related offenses, and WHEREAS, the Town Council adopted Ordinance 2006-29 on the 21st day of August, 2006 which is codified as Article XII of Chapter 10 of the Code of Ordinances and which establishes regulations on the location of property available for use as a residence by sex offenders in order to provide better protection for children gathering in the Town and; and WHEREAS, in order to clearly identify those areas within the Town which are not available for residence by registered sex offenders, the Town Council has determined it appropriate and prudent to adopt a map clearly depicting the areas where such residency is not allowed; and WHEREAS, Article XII of Chapter 10 of the Code Of Ordinances currently provides a map in Section 12.07, and Article XII provides for an annual review of that map to determine necessary changes; and 64 WHEREAS, Town staff has reviewed the map currently in place, adopted as Section 12.07 of Article XII, and has determined that changes to the map are necessary and appropriate given the location of current areas where children commonly gather; and WHEREAS, upon approval of this Ordinance by the Town Council, a revised map shall be incorporated as Section 12.07 of Chapter XII of Article 10 of the Code of Ordinances and shall be maintained in the Trophy Club Police Department. 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 Section 12.07 entitled “1000’ Safety Zone Map” of Article XII, entitled “Registered Sex Offenders”, of Chapter 10 entitled “Public Safety”, of the Code of Ordinances is hereby amended so that the map adopted by Ordinance No. 2006-29 and codified as Section 12.07 entitled “1000’ Safety Zone Map” is repealed, and a new 1000’ Safety Zone Map labeled as Exhibit “A”, attached hereto and incorporated herein, is adopted as Section 12.07 entitled “1000’ Safety Zone Map”, of Article XII of Chapter 10 of the Code of Ordinances. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the residency of registered sex offenders 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. 65 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. 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 hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) and more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. 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 7. 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. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication 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 16th day of February, 2009. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas 66 ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas 67 EXHIBIT A MAP 68 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.10 Discuss and take appropriate action regarding an Ordinance repealing Article VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," of the Code of Ordinances, in its entirety and adopting a new Article VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," in order to add two additional seats to the Tree Board and to make changes to definitions and related provisions throughout Article VIII. EXPLANATION: The amendments to this ordinance accomplish two objectives, one being to expand the Tree Board membership from five seats to seven as requested by the Board and the other to replace the position of the Community Development Director with the position of the Parks& Recreation Director as the Community Development Director is not an existing position within the Town. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Red-lined copy of Article VIII of Chapter 12 entitled “Subdivision Rules and Regulations.” 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.11 Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from November 17, 2008 Minutes C.10 Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. This Item was requested by Council member Wilson. Council member Wilson stated that she envisioned a five person group with one Council liaison and volunteered to be the liaison. Wilson foresees the Library Focus Group as a stepping stone who can take recommendations to Town Manager Emmons to provide to NISD. Wilson said the librarian for the new Haslet library is a Trophy Club resident and has already agreed to serve on the group. The Council discussed how the group would be selected, if applications would be received, or if that is too formal for the group. Council member Edstrom asked that more information be provided; the scope of the group and the suggested start and end dates for the group. Council member Wilson preferred that no action be taken tonight and that the item was just an opportunity to present the vision and find out if Council would be amenable to the idea. Council member Strother is open to process and would like a more defined plan. This item will come back to Council when the ideas have been formulated. 96 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.12 Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. EXPLANATION: A substantial portion of the public improvements for the Highlands at Trophy Club PID #1 is nearing completion. The purpose of this item is to provide a progress report for all of the funded items, whether completed, under construction, or proposed. RECOMMENDATION: No action is recommended. ACTION BY COUNCIL: (bse) Attachments: 1. Comprehensive Total with breakdown 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.C.13 Items for Future Agenda. 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. Town Manager Emmons to report on the sound barrier issues on the east side and conversations with TXDOT, and discussion of same. (Wilson) 3. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08) 4. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom – 4/21/08) 5. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08) 117 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", Council to convene into executive session to discuss the following: A. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of Denton County, Texas, including proposed Agreed Order and Interlocal Agreement; B. Legal advice related to the consolidation of MUD1 and MUD2, dissolution of MUD2 and related ballot propositions; C. Legal advice related to the May, 2009 election, ballot, and propositions. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 118 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 119 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-16-2009 Subject: Agenda Item No.E.1 Adjourn. (lh) 120