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Agenda Packet TC 05/20/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, May 20, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1.2013-305-T Consider and take appropriate action regarding an Ordinance amending Chapter 11, "Public Works", Article IX, "Drought Contingency Measures" adopting a Policy Statement and Year Round Water Management and Conservation Requirements applicable in the absence of the declaration of a Drought Stage; providing for numbering amendments within Article IX; providing a penalty; and providing an effective date. Staff Report.pdf Ord. 2013-13 Drought Contingency.pdf Attachments: Town Council 1 of 147 May 20, 2013 May 20, 2013Town Council Meeting Agenda 2.2013-311-T Consider and take appropriate action regarding the Minutes dated May 6, 2013. tcm 5-6-13.pdfAttachments: REGULAR SESSION 3.2013-303-T Consider and take appropriate action regarding a Consulting Agreement between the Town and GSBS for professional services to develop a Facility Condition Audit, Future Space Needs Analysis and proposed Site Study and Analysis; and authorizing the Mayor to execute all documents. Staff Report NeedsAsses.pdf GSBS Architects Proposal.pdf GSBS Statement of Qualifications.pdf Attachments: 4.2013-302-T Consider and take appropriate action regarding an Ordinance abandoning the Town's interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of Parkview; providing for findings of public purpose to convey the vacated right-of-way to NISD for the public purpose of facilitating ingress and egress to public roadways; providing for conditions of conveyance; and providing an effective date. Staff Report Vacate Parkview.pdf Ordinance No 2013-16 Vacate Parkview - 3 Parcels.pdf Exhibit A - Parkview Vacation - 0.972 acres.pdf Attachments: 5.2013-323 Consider and take appropriate action regarding a Consulting Agreement between the Town and Bennett Benner Pettit for professional services related to the creation and adoption of two Tax Increment Financing Districts or Tax Increment Reinvestment Zones for the purpose of planning and economic development; and authorizing the Mayor to execute all documents. TIF Staff Report - 05-20-13.pdf FINAL Agreement TIF Consultant.pdf Attachments: 6.2013-304-T Consider and take appropriate action regarding Financial and Variance Report dated April 2013. April 2013 Financials.pdfAttachments: 7.2013-306-T Town Manager Slye's update regarding the following; discussion of the same. - Police Department Facility - Pool and Splash Pad Opening - TCP Fire Follow-Up - Development Update Town Council 2 of 147 May 20, 2013 May 20, 2013Town Council Meeting Agenda 8.2013-307-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of the same. - Metroport Cities Partnership 9.2013-308-T Items for Future Agendas. FutureAgendaItemList.pdfAttachments: EXECUTIVE SESSION 10.2013-309-T Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act. (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. RECONVENE INTO REGULAR SESSION 11.2013-310-T To reconvene into Regular Session and take any and all action as a result of Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council 3 of 147 May 20, 2013 May 20, 2013Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on 5-17-13 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Posted by: ___________________________________________ Amy Piukana, TRMC; Town Secretary Town of Trophy Club, Texas If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2013. ________________________________, Title: ___________________________ Town Council 4 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-305-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 11, "Public Works", Article IX, "Drought Contingency Measures" adopting a Policy Statement and Year Round Water Management and Conservation Requirements applicable in the absence of the declaration of a Drought Stage; providing for numbering amendments within Article IX; providing a penalty; and providing an effective date. Attachments:Staff Report.pdf Ord. 2013-13 Drought Contingency.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an Ordinance amending Chapter 11, "Public Works", Article IX, "Drought Contingency Measures" adopting a Policy Statement and Year Round Water Management and Conservation Requirements applicable in the absence of the declaration of a Drought Stage; providing for numbering amendments within Article IX; providing a penalty; and providing an effective date. Town Council 5 of 147 May 20, 2013 Town of Trophy Club To: Mayor and Town Council From: Mike Slye, Town Manager CC: Re: Town Council Meeting May 20, 2013 ___________________________________________________________________ Consent Agenda Item: Consider and take appropriate action regarding an Ordinance amending Chapter 11, "Public Works", Article IX, "Drought Contingency Measures" adopting a Policy Statement and Year Round Water Management and Conservation Requirements applicable in the absence of the declaration of a Drought Stage; providing for numbering amendments within Article IX; providing a penalty; and providing an effective date. Explanation: MUD1 has already adopted new drought contingency measures that would provide for new irrigation schedules for customers in Trophy Club. The town’s ordinance must be updated to reflect those new irrigation schedules and changes to their drought contingency plan. Budget Impact: Attachments: Ordinance 2013-13 Drought Contingency Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Town Council 6 of 147 May 20, 2013 Deliver responsible customer service Recommendation: Town Staff recommends Town Council approve amended ordinance, Chapter 11 within Article IX, as presented. Town Council 7 of 147 May 20, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES, ENTITLED “PUBLIC WORKS”, ARTICLE IX ENTITLED “DROUGHT CONTINGENCY MEASURES” BY COMBINING EXISTING SECTIONS 9.01 ENTITLED “DECLARATION OF POLICY, PURPOSE, AND INTENT” AND SECTION 9.02 ENTITLED “APPLICABILITY” INTO A NEW SECTION ENTITLED “DECLARATION OF POLICY, PURPOSE, AND INTENT / APPLICABILITY”; AND ADOPTING A NEW SECTION NUMBERED AS SECTION 9.02 ENTITLED “POLICY STATEMENT / YEAR ROUND WATER MANAGEMENT AND CONSERVATION REQUIREMENTS” PROVIDING FOR A YEAR ROUND WATER MANAGEMENT PLAN APPLICABLE IN THE ABSENCE OF THE DECLARATION OF A DROUGHT STAGE; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Trophy Municipal Utility District No. 1 contracts with the City of Fort Worth to provide Water to the residents of Trophy Club; and WHEREAS, the Town of Trophy Club provides enforcement of regulations relative to Water use and conservation; and WHEREAS, on April 16, 2013, the Trophy Club Municipal Utility District No. 1 adopted a Water Management and Drought Contingency Plan through the enactment of Resolution No. 2013-0416C (hereinafter “Plan”); and WHEREAS, the Plan provides for mandatory water conservation practices that will be effective year round when a Drought Response Stage is not in effect; and WHEREAS, the Town Council recognizes the crucial public health and safety issues that will arise if there is a shortage of Water, including but not Town Council 8 of 147 May 20, 2013 limited to the inability to effectively fight fires, and further recognizes the need to be proactive to conserve water resources by adopting a Plan to manage and conserve water; and WHEREAS, the Town Council finds that the adoption of year round watering restrictions is necessary to safeguard the supply of water to the residents of the Town and to protect the public health, safety, and welfare; and WHEREAS, in order to protect public health, safety and welfare, the Town Council has determined it necessary and appropriate to adopt the amendments to Chapter 11, “Public Works”, Article IX “Drought Contingency Measures” of the Code of Ordinances of the Town of Trophy Club as provided in this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES 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. Section 9.01 entitled “Declaration of Policy, Purpose and Intent” and Section 9.02, entitled “Applicability” of Article IX, entitled “Drought Contingency Measures” of Chapter 11 entitled “Public Works” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to renumber and combine those sections in their entirety into a new single Section 9.01 entitled “Declaration of Policy, Purpose and Intent / Applicability” to be and read in its entirety as follows: “9.01 Declaration of Policy, Purpose, and Intent / Applicability. A. Declaration of Policy, Purpose, and Intent. Water uses regulated or prohibited under this Article are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to civil penalties imposed by the Trophy Club Municipal Utility District No. 1 (Town of Trophy Club), and criminal penalties as set forth in this Article. The purpose of the restrictions imposed by this Article is to implement a Drought Contingency Plan to provide for the management of water resources during times of drought and inadequate supply and to: Town Council 9 of 147 May 20, 2013 1. Conserve the available water supply in times of drought and emergency 2. Maintain supplies for Domestic Water Use, sanitation, and fire protection 3. Protect and preserve public health, welfare, and safety 4. Minimize the adverse impacts of water supply shortages 5. Minimize the adverse impacts of emergency water supply conditions B. Applicability. Upon notification to the Town by either the City of Fort Worth or the Trophy Club Municipal Utility District No. 1 that one or more triggers for that implementation of this Drought Contingency Plan have been met, the provisions of this Article shall become effective. Upon taking effect, the provisions of this Article shall apply to all Persons utilizing potable water within the corporate boundaries and extraterritorial jurisdiction of the Town and provided by or through Trophy Club Municipal Utility District No. 1 or any other source. The provisions of this Article shall apply when Stage 1, Stage 2, or Stage 3 Drought Conditions have been declared to exist as provided in this Article and the regulations contained herein shall supersede other less restrictive Town ordinances and regulations related to water Conservation during such times of drought or water shortage. The provisions of this Article shall not apply to locations serviced by treated wastewater effluent or private wells. 2.02. Article IX, entitled “Drought Contingency Measures” of Chapter 11 entitled “Public Works” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to add a new Section 9.02 entitled “Policy Statement / Year Round Water Management and Conservation Requirements” which is hereby adopted and shall be and read in its entirety as follows: 9.02. Policy Statement / Year Round Water Management and Conservation Requirements. A. Policy Statement. The Town recognizes the need to promote water conservation as part of an overall strategy for future planning efforts. Water conservation practices can extend the life of existing infrastructure, extend the timing for new infrastructure, and reduce the need for added water supply. Extending the time for infrastructure upgrades allows for more stable rates which lessen the economic impact to Customers. Based upon the known benefits of water conservation, the Town has determined it appropriate to implement a year-round water management plan as provided in this Section allowing for three (3) day per week outdoor irrigation for all Customers. Town Council 10 of 147 May 20, 2013 B. Year Round Water Management Plan and Conservation Requirements. Until notification of the declaration of Stage 1, Stage 2, or Stage 3 Drought conditions exist as required by this Article, Customers shall perform outdoor watering only in accordance with the following schedule and pursuant to the following regulations: 1. Odd Addresses: Tuesday/Thursday/Saturday 2. Even Addresses: Wednesday/Friday/Sunday 3. Irrigation of all types, including without limitation irrigation by in-ground sprinkler systems or by portable sprinkling devices, is prohibited on Mondays. 4. Watering with a sprinkler or irrigation system is prohibited between the hours of 10:00 a.m. and 6:00 p.m. every day. 5. Watering with a soaker hose or drip irrigation is allowed at any time or on any day except Mondays. 6. Watering with a hand-held hose or hand-held bucket may be done at any time on any day. 7. For the first thirty (30) days after hydro mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there shall be no restrictions on watering. Upon demand by Town, documentation of the date of installation shall be provided by Customer. On the thirty- first day after installation, all watering restrictions provided in this Section shall apply. This exception does not apply to over-seeding with rye where turf already exists. Violations of the year-round water management requirements set forth in this Section are enforceable under Section 9.09 of this Article. SECTION 3. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting Water Conservation and Drought Contingency which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances Town Council 11 of 147 May 20, 2013 where there are direct conflicts with the provisions of this Ordinance. 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 such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. 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, which remaining portions shall remain in full force and effect. 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. 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 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE Town Council 12 of 147 May 20, 2013 That this Ordinance shall be in full force and 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 20th day of May, 2013. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Amy Piukana, TRMC; Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 13 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-311-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Consider and take appropriate action regarding the Minutes dated May 6, 2013. Attachments:tcm 5-6-13.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the Minutes dated May 6, 2013. Town Council 14 of 147 May 20, 2013 MINUTES FROM REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 6, 2013 at 7:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, May 6, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON/TARRANT § TOWN COUNCIL MEMBERS PRESENT: Glenn Strother Mayor Pro Tem, Place 5 Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Connie White Mayor STAFF MEMBERS PRESENT: Mike Slye Town Manager Patricia Adams Town Attorney Amy Piukana Town Secretary April Reiling Public Information Officer/Marketing Manager Michael Aguilera Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Mayor Pro Tem Glenn Strother announced the date of May 6, 2013, called the Town Council to order and announced a quorum at 7:32 p.m. CONVENE INTO REGULAR SESSION – ESTIMATED START TIME – 7:32 P.M. INVOCATION – The invocation was led by Council Member Mayer. PLEDGES – Fire Chief Danny Thomas led the pledge of allegiance and pledge to the Texas Flag. Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it Town Council 15 of 147 May 20, 2013 May 6, 2013 Town Council Minutes Page 2 of 5 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. The following citizens were present to speak: Resident Adam Fox Resident Jenny fox Resident Jason McGrew PRESENTATIONS Council skipped to Agenda Item 2. 2. Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf Team. Mayor Pro Tem Strother presented a Certificate of Recognition to the Byron Nelson High School Girls Golf Team for winning the 4A State Golf Championship. The following girls were recognized: • Zoey DaneshFar • Allyson Springer • Aimee Mires • Alexandra Batista • Maty Monzingo (2nd in State) Council skipped to Agenda Item 1. 1. Presentation and overview by Public Information Officer April Reiling of the new Town Website; discussion of same. A presentation was given by Public Information Officer April Reiling regarding the new Town Website. Council Member Mayer advised staff to add a disclaimer to the codification page. Town Manager Slye noted that staff is currently reviewing the revised Codification documents and after review, staff plans to upload the final codification to the Town’s website. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3. Consider and take appropriate action regarding the Town Council Minutes dated April 22, 2013. 4. Consider and take appropriate action regarding a Proclamation declaring May 19- 25, 2013 as Public Works Week. Town Council 16 of 147 May 20, 2013 May 6, 2013 Town Council Minutes Page 3 of 5 5. Consider and take appropriate action regarding a Proclamation recognizing May 19-25, 2013 as Emergency Medical Services Week. 6. Consider and take appropriate action regarding a Proclamation declaring May 12- 18, 2013 as National Police Week. 7. Consider and take appropriate action regarding a contract between the Town and Intermedix Corporation for billing services and the use and disclosure of Protected Health Information in Compliance with state and federal law. Council Member Rose made a motion to approve Consent Items 3-7. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. 8. Presentation of the Town Mid Year Financial Update; discussion of same. Budget Analyst Kristen Navarro presented a brief Power Point presentation regarding mid year General Fund Revenue and Expenditures; reviewing key dates on the Budget Calendar for the Fiscal Year 2013-14. Council Member Schroeder asked staff to provide Council with quarterly updates regarding hotel tax. Finance Director Michael Aguilera presented a PowerPoint presentation showing debt payments by year, annual debt service by issue, annual debt service by fund and the Trophy Club Historical property tax rates from Fiscal Years 2002 through 2013. 9. Consider and take appropriate action regarding a Proclamation declaring the month of June as Speed Awareness Month in Trophy Club. Council Member Schroeder read a proclamation declaring the month of June as Speed Awareness Month in Trophy Club. Council Member Mayer made a motion to approve a proclamation declaring the month of June as Speed Awareness Month in Trophy Club. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. Council Member Mayer advised a zero tolerance policy for speeding in June. 10. Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program; and authorizing the Mayor or her designee to execute all necessary documents. Town Manager Slye briefed Council regarding this item. Mr. Slye noted mosquito traps would be located in the Tarrant County portion of the Town and staff’s main responsibility would be transportation of mosquito traps to Tarrant County to allow for West Nile Virus testing. Town Council 17 of 147 May 20, 2013 May 6, 2013 Town Council Minutes Page 4 of 5 Council Member Mayer made a motion to approve an interlocal agreement between the Town and Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program; and authorizing the Mayor or her designee to execute all necessary documents. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. 11. Consider and take appropriate action regarding a Resolution granting the Town’s consent to the provision of retail water and wastewater services by MUD1 for three (3) separate properties located in Village Center, Planned Development No. 27; and providing an effective date. Town Manager Slye briefed Council regarding this item. Council Member Rose made a motion to approve Resolution 2013-08, granting the Town’s consent to the provision of retail water and wastewater services by MUD1 for three (3) separate properties located in Village Center, Planned Development No. 27; and providing an effective date, as amended. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. 12. Town Manager Slye’s update and answered questions from Council regarding the following; discussion of same. -Police Department Facility Update -Feasibility and TIF RFQ Update – negotiation with GSPS Architecture Firm to provide a study. -Election Update -Back to Nature Update -Parks & Recreation Update Town Manager Slye gave an update regarding these items. 13. Mayor and Council Updates regarding training opportunities, educational sessions and regional meetings; discussion of same. -National Day of Prayer -Emergency Management Summit (Congressman Burgess) Mayor Pro Tem Strother gave an update regarding these items. 14. Future Agenda Items. No action was taken on this item. Executive Session – Council recessed into closed session at 8:51 p.m. 15. Pursuant to Texas Government code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071 (B) Consultation with Attorney for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act. Town Council 18 of 147 May 20, 2013 May 6, 2013 Town Council Minutes Page 5 of 5 (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. RECONVENE INTO RGULAR SESSION 16. To reconvene into Regular Session and take any action necessary as a result of the Closed Session. Council reconvened into Regular Session at 10:06 p.m. There was no action taken as a result of Executive Session. ADJOURN Council Member Schroeder made a motion to adjourn the meeting. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. Meeting adjourned at 10:07 p.m. Attest: Signed: ___________________________________ ___________________________________ Amy M. Piukana, TRMC, Town Secretary Glenn Strother, Mayor Pro Tem Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 19 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-303-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Consider and take appropriate action regarding a Consulting Agreement between the Town and GSBS for professional services to develop a Facility Condition Audit, Future Space Needs Analysis and proposed Site Study and Analysis; and authorizing the Mayor to execute all documents. Attachments:Staff Report NeedsAsses.pdf GSBS Architects Proposal.pdf GSBS Statement of Qualifications.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Consulting Agreement between the Town and GSBS for professional services to develop a Facility Condition Audit, Future Space Needs Analysis and proposed Site Study and Analysis; and authorizing the Mayor to execute all documents. Town Council 20 of 147 May 20, 2013 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Re: Existing Facility Audit and Space Needs Assessment ____________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a Consulting Agreement between the Town and GSBS for professional services to develop a Facility Condition Audit, Future Space Needs Analysis and proposed Site Study and Analysis; and authorizing the Mayor to execute all documents. Explanation: The Town advertised for two weeks soliciting RFQs for firms to provide professional services regarding an existing facility audit, space needs assessment, and potential site analysis. We received Statement of Qualifications from several firms, and interviewed three finalists. Based on their statement of qualifications and interview, Town staff recommends GSBS Architects to provide services identified within their attached proposal. This project will identify opportunities and needs for future Town facilities as well as an analysis of existing properties and how they may be best utilized in the future. Budget Impact: The proposed study will cost $47,500. Staff has identified funding from the $500,000 tax note to pay for this project. Attachments: GSBS Architects Statement of Qualifications GSBS Architects Professional Services Proposal Town Council Goals: Financial and Operational Stewardship - Maintain/Improve infrastructure assets - Improve effectiveness and efficiency of operational processes Safe and Secure Town Council 21 of 147 May 20, 2013 - Provide superior emergency services - Maintain low crime rate Healthy, Picturesque and Environmentally Sound - Promote recreational/active lifestyle opportunities for all ages Business-Friendly, Economic Development - Promote new commercial opportunities Recommendation: To approve the professional services contract with GSBS Architects Town Council 22 of 147 May 20, 2013 May 13, 2013 Stephen Seidel Assistant Town Manager 100 Municipal Drive Trophy Club, TX 76262 Dear Stephen: GSBS is pleased and excited with staff’s selection of our firm to assist in the existing Facility Condition Audit, Space Needs Analysis and Site Studies. The following proposal describes our scope of work and associated fees for that work. Facility Condition Audit On/site inspection of the existing Town Hall/MUD building. The following staff and consultants will conduct this inspection: o Tom Batenhorst, Principal Architect, GSBS o Steve Gill, Senior Architect, GSBS o Steve Lucy, Principal Engineer (structural), JQ o Brian Richards, Principal Engineer (MEP), Summit • Our report will include the following: o Narrative by all disciplines describing the condition of building systems o Photos illustrating deficient or non/complying items o Any non/conforming accessibility issues o General compliance with the 2009 Federal energy code Space Needs Analysis • Survey department heads and staff to ascertain: o Current and future space needs o Identify critical components for their work areas o Identify furniture needs • Prepare worksheets for each space • Prepare spreadsheet tally of spaces • Review information with department heads and staff • Adjust numbers to account for Town growth • Finalize & publish report Site Analysis As directed by the Town, review up tp (5) five site options including: • Land area and site topography (as available via goggle earth) • Zoning, setbacks, drainage, utilities and landscape requirements • Prepare & publish report Town Council 23 of 147 May 20, 2013 Presentation to Town Council The fee for the work described above is: • Facility Condition Audit $15,000 • Space Needs Analysis $16,000 • Site Analysis $15,000 • Town Council meetings $ 1,500 TOTAL $47,500 Stephen, we are ready to get started and look forward to the Town Councils approval of this proposal on May 20. Sincerely, Thomas E. Batenhorst, AIA, LEEP AP Town Council 24 of 147 May 20, 2013 T o w n C o u n c i l 2 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 2 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 2 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 2 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 2 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 3 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 4 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 5 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 6 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 7 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 8 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 8 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 8 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 8 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-302-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Consider and take appropriate action regarding an Ordinance abandoning the Town's interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of Parkview; providing for findings of public purpose to convey the vacated right-of-way to NISD for the public purpose of facilitating ingress and egress to public roadways; providing for conditions of conveyance; and providing an effective date. Attachments:Staff Report Vacate Parkview.pdf Ordinance No 2013-16 Vacate Parkview - 3 Parcels.pdf Exhibit A - Parkview Vacation - 0.972 acres.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an Ordinance abandoning the Town's interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of Parkview; providing for findings of public purpose to convey the vacated right-of-way to NISD for the public purpose of facilitating ingress and egress to public roadways; providing for conditions of conveyance; and providing an effective date. Town Council 84 of 147 May 20, 2013 SUBJECT: Consider and take appropriate action regarding an Ordinance abandoning the Town’s interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of Parkview Drive. In 2007, the construction of Bobcat Boulevard included a realignment of Marshal Creek Road and relocation of Parkview Lane. The realignment of the new Parkview Lane to the east of Centurion American property left the Original Parkview Lane as a dead-end, one-way private road to TOWN COUNCIL STAFF REPORT May 20, 2012 Parkview Drive Vacation Town Council 85 of 147 May 20, 2013 the parking lot at Medlin Middle School. The egress to Marshall Creek has been gated off. The Original Parkview Lane right-of-way was dedicated to the Town of Trophy Club when the road was built by NISD during the construction of Medlin Middle School in 1998. NISD is requesting the Town of Trophy Club to vacate the Original Parkview Lane right-of-way. NISD has submitted to the Town a replat of the Medlin Middle School site to add the Original Parkview Lane as NISD property. ACTION: A motion of approval to abandon the Town’s interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of Parkview Drive. Attachment: Legal Description (metes and bounds) of the portions of Parkview Drive to be abandoned and Exhibit A. Town Council 86 of 147 May 20, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2013-16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST OF THE TOWN, IN AND TO A 0.9679 ACREAGE RIGHT-OF-WAY DEDICATED TO THE TOWN AND FOR WHICH A PUBLIC STREET WAS CONSTRUCTED BY NORTHWEST INDEPENDENT SCHOOL DISTRICT (NISD) DURING THE CONSTRUCTION OF MEDLIN MIDDLE SCHOOL, NISD LOT 1, BLOCK 1, EAST CAMPUS ADDITION, GRANTED VIA DEDICATION TO THE TOWN OF TROPHY CLUB BY FINAL PLAT DATED AND RECORDED IN CABINET O, PAGE 263, DOCUMENT NO. 98-R0023236, PLAT RECORDS, DENTON COUNTY, TEXAS, SUCH PROPERTY BEING LOCATED WITHIN THE TOWN LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS AND MORE COMMONLY KNOWN AS ORIGINAL PARKVIEW; PROVIDING FOR THE INCORPORATION OF RECITALS; PROVIDING FINDINGS OF THE COUNCIL THAT ORIGINAL PARKVIEW WILL USED BY NISD, A POLITICAL SUBDIVSION, FOR A PURPOSE THAT BENEFITS THE PUBLIC INTEREST OF THE TOWN AND SCHOOL BY FACILITATING TRAFFIC FLOW ON PUBLIC ROADWAYS; PROVIDNG THAT THE TITLE AND RIGHT TO USE, MAINTENANCE AND POSSESSION OF ABANDONED RIGHT-OF-WAY S HALL REVERT TO THE TOWN IF NISD CEASES TO USE THE LAND OR INTEREST IN CARRYING OUT THE DESIGNATED PUBLIC PURPOSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE ANY DOCUMENTS DEEMED NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Northwest Independent School District (“NISD”) is the owner of a 28.499 acre tract of property upon which Medlin Middle School is located; and WHEREAS, NISD participated in the cost and construction of Bobcat Boulevard and the realignment of Marshal Creek Road and Parkview Lane in 2007 for the construction of the Byron Nelson High School (hereinafter “Parkview Realignment”); and WHEREAS, the Parkview Realignment has left a 0.9679 acre right-of-way located east of Medlin Middle School front entry as a dead end, one way street to Town Council 87 of 147 May 20, 2013 the private parking lot at Medlin Middle School which has become an entrance/exit for Medlin Middle School, and the 0.9679 acre right-of-way is more specifically described and depicted in Exhibit “A-1”, Exhibit “A-2” and Exhibit “A- 3” which identify the boundaries of the 0.9679 acre right-of-way in three (3) separate parcels that cumulatively comprise the 0.9679 acre right-of-way, Exhibit “A-1”, Exhibit “A-2” and Exhibit “A-3” are attached hereto and incorporated herein (hereinafter cumulatively referred to as “Original Parkview”); and WHEREAS, NISD has requested that the Town Council of the Town of Trophy Club, Texas abandon Original Parkview so that NISD may use it as a private drive to facilitate traffic flow to and from adjacent public roadways; and WHEREAS, Chapter 272 of the Texas Local Government Code authorizes a political subdivision to donate or sell a parcel of land for less than fair market value without the notice and bidding requirements of Chapter 272, if the land or interest conveyed by the donating political subdivision to the acquiring political subdivision is donated to carry out a purpose that benefits the public interest of either the donating political subdivision; the donation is made under terms that effect and maintain the public purpose for which the donation is made; and the title and right to use and possession of the land conveyed revert to the donating political subdivision if he acquiring political subdivision ceases to use the land or interest to carry out the specified public purpose; and WHEREAS, Town finds that by vacating Original Parkview and allowing NISD to utilize Original Parkview as private drive, the tract will be used to benefit the public interest of both the Town and NISD by assisting with traffic flow to and from the Medlin Middle School Campus onto surrounding public roadways, that the abandonment and right to use of Original Parkview is conditioned upon NISD’s agreement that Original Parkview be maintained for the public purpose of ingress to and egress from the Medlin Middle School Campus for the traveling public; and that NISD further understands that should it cease to continue using Original Parkview for the public purpose and convenience of the travelling public as set forth herein, the right, title and possession of Original Parkview shall immediately revert back to the Town upon demand by Town; and WHEREAS, the Town Council does hereby find and conclude based upon the information presented that adoption of this Ordinance is in the public’s best interest and in support of the health, safety, morals, and general welfare of the Town. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council 88 of 147 May 20, 2013 SECTION 1. INCORPORATION OF RECITALS The above and foregoing recitals are found to be true and correct and are incorporated into the body of this Ordinance for all purposes. SECTION 2. FINDINGS 2.01 Town Council finds that vacating Original Parkview (Exhibit “A-1”, Exhibit “A-2” and Exhibit “A-3”) and allowing NISD to utilize Original Parkview as private drive, will facilitate traffic flow to and from the Medlin Middle School Campus onto surrounding public roadways; that the abandonment and right to use of Original Parkview is conditioned upon NISD’s agreement that Original Parkview be maintained for the public purpose of ingress to and egress from the Medlin Middle School Campus for the traveling public; and that should NISD cease to continue using Original Parkview for the public purpose and convenience of the travelling public as set forth herein, the title and right to use and possession of Original Parkview shall immediately revert back to the Town upon demand by Town. 2.02. Town Council finds that the abandonment of Original Parkview is without prejudice to any and all improvements, facilities, equipment or lines of any public utility, whether municipal or otherwise, if any, which are presently located within any portion of the Original Parkview and/or accompanying right-of-way and easements. Any such utility shall have the continued right to locate, maintain, repair, reconstruct, preserve or relocate improvements, facilities, equipment or lines in such portion of the Original Parkview and/or accompanying right-of-way and easements. 2.03. Town Council finds that upon passage of this Ordinance, NISD shall assume possession and control of Original Parkview, shall be solely responsible to maintain Original Parkview to the standards required for a private drive as set forth in the Town’s ordinances, and shall be solely liable for any and all causes of action arising out of the use, non-use and/or condition of Original Parkview. 2.04. The Town Council hereby finds and determines that the abandonment of the Town’s interest in the Original Parkview is in the public interest of the Town of Trophy Club, Texas, and its citizens, and will inure to the benefit of the public generally by facilitating the orderly ingress and egress of the traveling public on roadways adjacent to Medlin Middle School. 2.05. Based upon the foregoing findings, the Town Council hereby authorizes the Mayor to execute all necessary documents to be filed in the Denton County land records to effectuate this Ordinance. Town Council 89 of 147 May 20, 2013 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. 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 such other Ordinances 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. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all provisions of any other Ordinance including those Ordinances affecting public right-of-way, public thoroughfares, or platting and subdivision of land, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. 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, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the ordinance records of the Town as required by the Town Charter. Town Council 90 of 147 May 20, 2013 SECTION 7. EFFECTIVE DATE 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 Council of the Town of Trophy Club, Texas, this 20th day of May, 2013. __________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Amy Piukana, TRMC; Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 91 of 147 May 20, 2013 T o w n C o u n c i l 9 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 9 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 0 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 0 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 0 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-323 Name: Status:Type:Agenda Item Draft File created:In control:5/15/2013 Town Council On agenda:Final action:5/20/2013 Title:Consider and take appropriate action regarding a Consulting Agreement between the Town and Bennett Benner Pettit for professional services related to the creation and adoption of two Tax Increment Financing Districts or Tax Increment Reinvestment Zones for the purpose of planning and economic development; and authorizing the Mayor to execute all documents. Attachments:TIF Staff Report - 05-20-13.pdf FINAL Agreement TIF Consultant.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Consulting Agreement between the Town and Bennett Benner Pettit for professional services related to the creation and adoption of two Tax Increment Financing Districts or Tax Increment Reinvestment Zones for the purpose of planning and economic development; and authorizing the Mayor to execute all documents. Town Council 103 of 147 May 20, 2013 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Re: Trophy Club TIF Creation ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a Consulting Agreement between the Town and Bennett Benner Pettit for professional services related to the creation and adoption of two Tax Increment Financing Districts or Tax Increment Reinvestment Zones for the purpose of planning and economic development; and authorizing the Mayor to execute all documents. Explanation: The Town advertised for two weeks soliciting RFQs for firms to provide professional services regarding the creation and adoption of two Tax Increment Reinvestment Zones (TIRZ). A TIRZ is commonly referred to as a TIF (Tax Increment Financing) District. We received information requests related to the RFQ, but only Bennett Benner Pettit responded. Mr. David Pettit would provide services outlined within the proposal. He has extensive experience assisting cities with TIF creation as well as other developer consultant services. Mr. Pettit and staff have identified two areas for TIF implementation: Trophy Wood business area and the Shops at Trophy Club (PD-30). Based on current and proposed development adopting TIFs at this time would be appropriate in order to utilize 2013 as the ‘base valuation’ year prior to real improvements coming on the tax role in 2014. The EDC-4B was presented the proposal at their May meeting. The Board approved to fund the proposal in an amount not to exceed $70,000 contingent upon the Council approving the proposal, the Board being included in the TIF process, and having at least one EDC Board member as a TIF Board member when it is created. Budget Impact: The EDC-4B Board budgeted $40,000 for creation of one TIF within their FY13 Budget. The Board will utilize their additional revenue from gaining ¼ penny to pay the additional cost for creating an additional TIF. Attachments: Bennett Benner Pettit Statement of Qualifications Town Council 104 of 147 May 20, 2013 Bennett Benner Pettit Professional Services Proposal Town Council Goals: Business-Friendly/Economic Development - Create effective working relationships with businesses and developers - Retain/develop existing businesses - Promote new commercial opportunities Financial and Operation Stewardship - Improve effectiveness and efficiency of operational processes - Maintain/Improve infrastructure and assets Recommendation: Town staff recommends approval of the professional services contract with Bennett Benner Pettit Consultant Services for creation and adoption of Tax Increment Reinvestment Zones or Tax Increment Financing Districts for the purpose of Planning and Economic Development. Town Council 105 of 147 May 20, 2013 T o w n C o u n c i l 1 0 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 0 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 0 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 0 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 1 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 5 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 6 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 7 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 8 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 2 9 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 3 0 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 3 1 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 3 2 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 3 3 o f 1 4 7 M a y 2 0 , 2 0 1 3 T o w n C o u n c i l 1 3 4 o f 1 4 7 M a y 2 0 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-304-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Consider and take appropriate action regarding Financial and Variance Report dated April 2013. Attachments:April 2013 Financials.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding Financial and Variance Report dated April 2013. Town Council 135 of 147 May 20, 2013 5/15/2013 10:04:56 AM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 04/30/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategory Current Total Budget Original Total Budget Percent Used Fund: 01 - GENERAL FUND Revenue 40 - Taxes 4,387,011.1975,472.134,769,706.00 4,769,706.00 -382,694.81 -91.98 % 41 - Licenses & Permits 589,277.6999,220.111,545,839.00 1,545,839.00 -956,561.31 -38.12 % 42 - Intergovernmental 133,296.172,197.02163,643.00 163,643.00 -30,346.83 -81.46 % 43 - Fines & Fees 260,907.0260,662.71497,335.00 497,335.00 -236,427.98 -52.46 % 44 - Charges for Services 150,134.493,346.66213,736.00 213,736.00 -63,601.51 -70.24 % 45 - Rents 24,875.133,135.0059,500.00 59,500.00 -34,624.87 -41.81 % 46 - Contributions and Donations 500.000.000.00 0.00 500.00 0.00 % 47 - Investment Income 2,857.950.004,000.00 4,000.00 -1,142.05 -71.45 % 48 - Sales -0.110.005,000.00 5,000.00 -5,000.11 0.00 % 49 - Other Financing Sources 6,150.000.0012,300.00 12,300.00 -6,150.00 -50.00 % 51 - Miscellaneous 77,917.9552,116.9633,000.00 33,000.00 44,917.95 -236.12 % 5,632,927.48296,150.597,304,059.00 7,304,059.00 -1,671,131.52Total Revenue:-77.12 % 5,632,927.48296,150.597,304,059.00 7,304,059.00 -1,671,131.52Total Fund: 01 - GENERAL FUND:-77.12 % Report Total:296,150.59 5,632,927.487,304,059.00 7,304,059.00 -1,671,131.52 -77.12 % Town Council 136 of 147 May 20, 2013 5/15/2013 9:34:02 AM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 04/30/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityDepartment Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND Expense 140 - Manager's Office 361,738.6445,589.01691,823.00 691,823.00 330,084.36 47.71 % 160 - Legal 86,418.6711,688.39168,638.00 168,638.00 82,219.33 48.75 % 251 - Police 1,047,495.71136,656.431,811,015.00 1,797,015.00 749,519.29 41.71 % 255 - EMS 461,925.3553,907.59810,620.00 804,620.00 342,694.65 42.59 % 360 - Streets 438,092.7842,403.90788,409.00 808,409.00 370,316.22 45.81 % 400 - Parks 488,341.4961,559.92936,634.00 936,634.00 448,292.51 47.86 % 450 - Recreation 160,559.4218,262.03561,851.00 561,851.00 401,291.58 71.42 % 460 - Community Events 22,086.721,203.7049,700.00 49,700.00 27,613.28 55.56 % 521 - Planning and Zoning 114,635.428,767.13164,620.00 164,620.00 49,984.58 30.36 % 522 - Community Development 182,616.1423,832.69333,028.00 333,028.00 150,411.86 45.16 % 611 - Finance 235,974.3029,631.04368,303.00 368,303.00 132,328.70 35.93 % 615 - Municipal Court 45,655.556,066.2783,946.00 83,946.00 38,290.45 45.61 % 630 - Human Resources 59,053.457,761.77113,906.00 113,906.00 54,852.55 48.16 % 640 - Information Services 206,755.5620,496.75348,141.00 348,141.00 141,385.44 40.61 % 710 - Facilities Management 59,717.454,306.0972,961.00 72,961.00 13,243.55 18.15 % 3,971,066.65472,132.717,303,595.00 7,303,595.00 3,332,528.35Total Expense:45.63 % 3,971,066.65472,132.717,303,595.00 7,303,595.00 3,332,528.35Total Fund: 01 - GENERAL FUND:45.63 % Report Total:472,132.71 3,971,066.657,303,595.00 7,303,595.00 3,332,528.35 45.63 % Town Council 137 of 147 May 20, 2013 GENERAL FUND April 2013 7/12 Months (58% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax – As shown below, the Town’s total current sales tax collections exceeds the prior year’s sales tax collections by $ 15,630 (2.36%). Year to Date Sales Tax Collections Increase (Decrease) FY 2012 FY 2013 Total $ 663,419 $ 679,049 $ 15,630 Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), EDC 4A (12.5%) and 4B (25%), and the street maintenance fund (12.5%). (Additional Note: (April collections are for February sales.) $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 Oc t No v De c Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Sales Tax Collections FY 2012 FY 2013 Town Council 138 of 147 May 20, 2013 Licenses & Permits – Building Permit revenue in April totaled $95,673. Intergovernmental – Represents amounts to be received from the Municipal Utility District and EDC 4B. Fines and Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. As of April 30, 2013 collections for developer fees total $127,508 (142%). Several fees related to recreation fall within this category and are seasonal. Other Financing Sources – Represents quarterly transfers to be received from Trophy Club Park. Miscellaneous Revenue – Includes the insurance payment received for expenses related to the police building. EXPENDITURES Recreation – Seasonal expenditures. Information Services – Incode support paid annually (Software and Support); purchased two scanners for Tyler content manager (Hardware). Facilities Management – The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 62.8% of the department’s budget). Town Council 139 of 147 May 20, 2013 5/15/2013 9:43:24 AM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 04/30/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategory Current Total Budget Original Total Budget Percent Remaining Fund: 09 - TROPHY CLUB PARK Revenue 43 - Fines & Fees 76,093.1610,475.90125,000.00 125,000.00 -48,906.84 -39.13 % 76,093.1610,475.90125,000.00 125,000.00 -48,906.84Total Revenue:-39.13 % Expense 50 - Personnel Services 26,803.023,644.8957,332.00 57,332.00 30,528.98 53.25 % 60 - Purchased Services 20,606.052,863.9341,736.00 41,736.00 21,129.95 50.63 % 70 - Supplies 5,695.37530.968,400.00 8,400.00 2,704.63 32.20 % 80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 % 99 - Other Financing Uses 6,150.000.0012,300.00 12,300.00 6,150.00 50.00 % 59,254.447,039.78124,968.00 124,968.00 65,713.56Total Expense:52.58 % 16,838.723,436.1232.00 32.00 16,806.72Total Fund: 09 - TROPHY CLUB PARK: Report Total:3,436.12 16,838.7232.00 32.00 16,806.72 Town Council 140 of 147 May 20, 2013 TROPHY CLUB PARK FUND April 2013 7/12 Months (58% of Fiscal Year) REVENUES Park Revenue – Use of park is seasonal. EXPENDITURES Park Expenses – Use of park is seasonal. Town Council 141 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-306-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Town Manager Slye's update regarding the following; discussion of the same. - Police Department Facility - Pool and Splash Pad Opening - TCP Fire Follow-Up - Development Update Attachments: Action ByDate Action ResultVer. Title Town Manager Slye's update regarding the following; discussion of the same. - Police Department Facility - Pool and Splash Pad Opening - TCP Fire Follow-Up - Development Update Town Council 142 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-307-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of the same. - Metroport Cities Partnership Attachments: Action ByDate Action ResultVer. Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of the same. - Metroport Cities Partnership Town Council 143 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-308-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Items for Future Agendas. Attachments:FutureAgendaItemList.pdf Action ByDate Action ResultVer. Title Items for Future Agendas. Town Council 144 of 147 May 20, 2013 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 4. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 5. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 6. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 5/7/2012) 7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 8. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 9. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013) 10. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) Town Council 145 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-309-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act. (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. Attachments: Action ByDate Action ResultVer. Title Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act. (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. Town Council 146 of 147 May 20, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-310-T Name: Status:Type:Agenda Item Draft File created:In control:5/13/2013 Town Council On agenda:Final action:5/20/2013 Title:To reconvene into Regular Session and take any and all action as a result of Executive Session. Attachments: Action ByDate Action ResultVer. Title To reconvene into Regular Session and take any and all action as a result of Executive Session. Town Council 147 of 147 May 20, 2013