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Agenda Packet TC 02/20/2006Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, February 20, 2006 6:00 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 and indivisible." A.4 Open Workshop Session - Continue Strategic Planning Workshop session held on January 24, 2006. Public Safety Facilities Fire Department Facilities & Equipment & Personnel Police Department Facilities & Equipment & Personnel General Community Facilities Additional Facility Needs for Citizens of Trophy Club Other General Topics B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: ·Election Update Community Development: ·Roads & Infrastructure · Building Addition Finance: ·No Update Information System: ·No Update Parks and Recreation ·Facilities and Programs ·Parkland Dedication Revision Planning & Zoning ·Zoning Submissions ·Platting Submissions ·Construction Plans ·Ordinances ·ZBA Police and Fire Services February 20, 2006 1 · LETS Graduation ·Update of Mobil Cite auto citation ·Update on 2005 and 2006 UASI Grant ·Acceptance to the National Fire Academy Training Management. Municipal Utility District: · No Updates B.2 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. B.3 Council member Cates to provide an update on the ASA program and Council to discuss. D.1 Discuss and take appropriate action regarding the acceptance of the 2004-2005 fiscal year end Audit. D.2 Review and discussion of the Town of Trophy Club Existing Roadway and Intersection Evaluation performed by Innovative Transportation Solutions. D.3 Discuss and take appropriate action regarding a Resolution establishing an Unencumbered Fund Balance, establishing an Adverse Contingency Reserve Fund, and adopting the calculations and methodology to establish those funds. D.4 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for the referendum on traffic calming. D.5 Discuss and take appropriate action to direct staff on the inclusion of an item on the May 13, 2006 ballot to reduce the amount of sales tax revenue allocated to an EDC and to levy a sales and use tax to provide revenue for maintenance and repair of municipal streets. D.6 Discuss and take appropriate action regarding the appointment of either one or two representatives from Council to participate in discussions with MUD representatives relative to providing Water and Waste Water service to areas outside of the Municipal Utility Districts. D.7 Discuss and provide direction to staff regarding possible inclusion of Resident Pool User Fees on the Town's Schedule of Fees Ordinance. D.8 Discuss and take appropriate action regarding an interlocal agreement with Marshall Creek Park for Police Services. D.9 Items for Future Agenda. ·Discuss and take appropriate action approving the final format of the Year In Review Publication (March 6, 2006) February 20, 2006 2 ·Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20, 2006) ·Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. ·Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. ·Status of street repairs and bonds, including recommendation. ·Sale of Remaining Street bonds ·Discuss and present the Citizen of the Year award. (March 6th, 2006) ·Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20th, 2006. D.10 Consent Agenda: Discuss and take appropriate action approving a letter supporting TXDOT and their proposed plan for improving access through the SH 114 / SH121 corridor. D.11 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 6th, 2006. D.12 Consent Agenda: Discuss and take appropriate action to approve financials dated January 2006. D.13 Consent Agenda: Discuss and take appropriate action regarding Racial Profiling Report for 2005. D.14 Consent Agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege for the following dates: May 6th and October 21st. D.15 Informational Only - Additional Information for Council review as provided by the Department of Police and Fire Services. E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act : (1) Applications for Town Manager position, prescreeening, processing of applications, and interviews. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. COUNCIL MEMORANDUM February 20, 2006 3 From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. February 20, 2006 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.A.2 Invocation. February 20, 2006 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 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 and indivisible." February 20, 2006 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.A.4 Open Workshop Session - Continue Strategic Planning Workshop session held on January 24, 2006. Public Safety Facilities Fire Department Facilities & Equipment & Personnel Police Department Facilities & Equipment & Personnel General Community Facilities Additional Facility Needs for Citizens of Trophy Club Other General Topics EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None February 20, 2006 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: ·Election Update Community Development: ·Roads & Infrastructure · Building Addition Finance: ·No Update Information System: ·No Update Parks and Recreation ·Facilities and Programs ·Parkland Dedication Revision Planning & Zoning ·Zoning Submissions ·Platting Submissions ·Construction Plans ·Ordinances ·ZBA Police and Fire Services · LETS Graduation ·Update of Mobil Cite auto citation ·Update on 2005 and 2006 UASI Grant ·Acceptance to the National Fire Academy Training Management. Municipal Utility District: · No Updates Attachments: 1. None February 20, 2006 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.B.2 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. February 20, 2006 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.B.3 Council member Cates to provide an update on the ASA program and Council to discuss. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (pc) Attachments: 1. None February 20, 2006 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding the acceptance of the 2004-2005 fiscal year end Audit. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rau) Attachments: 1. FY05 Recommendation letter 2. FY05 Town Audit February 20, 2006 11 February 20, 2006 12 February 20, 2006 13 February 20, 2006 14 February 20, 2006 15 February 20, 2006 16 February 20, 2006 17 February 20, 2006 18 February 20, 2006 19 February 20, 2006 20 February 20, 2006 21 February 20, 2006 22 February 20, 2006 23 February 20, 2006 24 February 20, 2006 25 February 20, 2006 26 February 20, 2006 27 February 20, 2006 28 February 20, 2006 29 February 20, 2006 30 February 20, 2006 31 February 20, 2006 32 February 20, 2006 33 February 20, 2006 34 February 20, 2006 35 February 20, 2006 36 February 20, 2006 37 February 20, 2006 38 February 20, 2006 39 February 20, 2006 40 February 20, 2006 41 February 20, 2006 42 February 20, 2006 43 February 20, 2006 44 February 20, 2006 45 February 20, 2006 46 February 20, 2006 47 February 20, 2006 48 February 20, 2006 49 February 20, 2006 50 February 20, 2006 51 February 20, 2006 52 February 20, 2006 53 February 20, 2006 54 February 20, 2006 55 February 20, 2006 56 February 20, 2006 57 February 20, 2006 58 February 20, 2006 59 December 12, 2005 Weaver and Tidwell, L.L.P. 12221 Merit Drive, Suite 1400 Dallas, Texas 75251 We are providing this letter in connection with your audits of the basic financial statements of Town of Trophy Club as of September 30, 2005 and for the year then ended for the purpose of expressing an opinion as to whether the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the Town of Trophy Club and the respective changes in financial positions and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. We confirm that we are responsible for the fair presentation of the previously mentioned financial statements in conformity with U.S. generally accepted accounting principles. We are also responsible for adopting sound accounting policies, establishing and maintaining internal control, and preventing and detecting fraud. We confirm, to the best of our knowledge and belief, as of December 12, 2005 the following representations made to you during your audits. 1. The basic financial statements referred to above are fairly presented in conformity with accounting principles generally accepted in the United States of America and include all properly classified funds of the primary government required by generally accepted accounting principles to be included in the financial reporting entity. 2. We have made available to you all— a. Financial records and related data and all audit or relevant monitoring reports, if any, received from funding sources. b. Minutes of the meetings of the Town Council or summaries of actions of recent meetings for which minutes have not yet been prepared. 3. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. 4. There are no material transactions that have not been properly recorded in the accounting records underlying the financial statements or the schedule of expenditures of federal awards. 5. We have no knowledge of any fraud or suspected fraud affecting the entity involving: a. Management, b. Employees who have significant roles in internal control, or c. Others where the fraud could have a material effect on the financial statements. 6. The Town has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or fund equity. Weaver and Tidwell, L.L.P. December 12, 2005 February 20, 2006 60 Page Two 7. The following, if any, have been properly recorded or disclosed in the financial statements: a. Related party transactions, including revenues, expenditures/expenses, loans, transfers, leasing arrangements, and guarantees, and amounts receivable from or payable to related parties. b. Guarantees, whether written or oral, under which the Town is contingently liable. c. All accounting estimates that could be material to the financial statements, including the key factors and significant assumptions underlying those estimates, and we believe the estimates are reasonable in the circumstances. 8. We are responsible for compliance with the laws, regulations, and provisions of contracts and grant agreements applicable to us; and we have identified and disclosed to you all laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect on the determination of financial statement amounts. 9. There are no— a. Violations or possible violations of budget ordinances, laws and regulations (including those pertaining to adopting and amending budgets), provisions of contracts and grant agreements, tax or debt limits, and any related debt covenants whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency. b. Unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Financial Accounting Standards Board (FASB) Statement No. 5, Accounting for Contingencies. c. Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by FASB Statement No. 5. d. Reservations or designation of fund equity that were not properly authorized and approved. e. Transfers or designations of fund balance or interfund borrowings that were not properly authorized and approved, or uncollectible interfund loans that have not been properly reflected in the financial statements or disclosed to you. g. Violations of board policies regarding conflicts of interest or nepotism. h. Events that have occurred subsequent to the balance sheet date that would require adjustments to, or disclosure in, the financial statements have been made known to you. 10. The Town has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged as collateral. Weaver and Tidwell, L.L.P. December 12, 2005 Page Three February 20, 2006 61 11. The Town has complied with all aspects of contractual agreements that would have a material effect on the financial statements in the event of noncompliance. 12. With respect to information required by the Governmental Accounting Standards Board (GASB) to be presented with the basic financial statements (required supplementary information or RSI): a. RSI is presented and measured according to authoritative guidelines. b. RSI is consistent with the basic financial statements. c. Management’s discussion and analysis (MD&A) is based on facts, decisions, or conditions currently known to management and does not contain forecasts or other prospective information. d. The information in the budgetary comparison schedules is based on the original legal budget, the amended legal budget, and the actual fund activity presented on the same basis as the legally adopted budget. 13. We believe the effects of the uncorrected financial statement misstatements summarized in the attached schedule are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 14. We acknowledge our responsibility for the design and implementation of programs and controls to prevent and detect fraud. 15. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, analysts, regulators, or others. 16. The financial statements properly classify all funds and activities. 17. All funds that meet the quantitative criteria in GASB Nos. 34 and 37 for presentation as major are identified ad presented as such and all other funds that are presented as major are particularly important to financial statements users. 18. Net asset components (invested in capital assets, net of related debt; restricted; and unrestricted) and fund balance reserves and designations are properly classified and, if applicable, approved. 19. Provisions for uncollectible receivables have been properly identified and recorded. 20. Expenses have been appropriately classified in or allocated to functions and programs in the statement of activities, and allocations have been made on a reasonable basis. 21. Revenues are appropriately classified in the statement of activities within program revenues, or general revenues. 22. Interfund, internal, and intra-entity activity and balances have been appropriately classified and reported. Weaver and Tidwell, L.L.P. December 12, 2005 Page Four 23. Deposit and investment securities are properly classified in category of custodial credit risk. 24. Capital assets are properly capitalized, reported, and, if applicable, depreciated. February 20, 2006 62 To the best of our knowledge and belief, no events, including instances of noncompliance, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to or disclosure in the aforementioned financial statements or in the schedule of findings and questioned costs. Signed: Signed: Title: Title: February 20, 2006 63 February 20, 2006 64 February 20, 2006 65 February 20, 2006 66 February 20, 2006 67 February 20, 2006 68 February 20, 2006 69 February 20, 2006 70 February 20, 2006 71 February 20, 2006 72 February 20, 2006 73 February 20, 2006 74 February 20, 2006 75 February 20, 2006 76 February 20, 2006 77 February 20, 2006 78 February 20, 2006 79 February 20, 2006 80 February 20, 2006 81 February 20, 2006 82 February 20, 2006 83 February 20, 2006 84 February 20, 2006 85 February 20, 2006 86 February 20, 2006 87 February 20, 2006 88 February 20, 2006 89 February 20, 2006 90 February 20, 2006 91 February 20, 2006 92 February 20, 2006 93 February 20, 2006 94 February 20, 2006 95 February 20, 2006 96 February 20, 2006 97 February 20, 2006 98 February 20, 2006 99 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.2 Review and discussion of the Town of Trophy Club Existing Roadway and Intersection Evaluation performed by Innovative Transportation Solutions. EXPLANATION: Innovative Transportation Solutions (ITS) is an independent traffic engineering firm that was commissioned to conduct a traffic analysis of Trophy Club’s existing roadways and intersections and to make a recommendation for the Level of Service for the Town going forward. Level of Service (LOS) is a measure of roadway and intersection congestion ranking from “A” (completely free flowing) to “F” (heavily congested). Traffic counts were taken at 16 points and 3 intersections throughout town and the results are included in the following report. The report shows the existing roads and intersections are operating with excess capacity even during peak traffic times, primarily because the population has not reached the level the roads were built to accommodate. According to the traffic engineers, this extremely low level of congestion (LOS “A”/”B”) would be unrealistic to maintain as this or any other Town grows. However, the LOS set by Trophy Club should be as high as possible to ensure minimal traffic congestion at build out. The attached memo from Teague, Nall & Perkins shows the LOS standards set by other cities in the area at LOS “C” or “D”. Based on existing conditions and feedback from staff on citizen expectations, ITS recommended a LOS “C” be set for the Town. This is the highest realistic LOS that could be set and would provide for minimal congestion on the Town’s roads at build out. If accepted, an LOS “C” would be the benchmark for the traffic impact of future development. ACTION BY COUNCIL: (bg) Attachments: 1. Information Memorandums 2. Traffic Study February 20, 2006 100 Memorandum To: Mayor and Town Council From: Tom Rutledge cc: Beth Ann Gregory Date: February 15, 2006 Re: Traffic Study For the past several weeks we have been working under the guidance of Beth Ann Gregory with ITS Traffic Consultants in the preparation of a traffic study of the major streets within the Town. The purpose of the study is to determine the current traffic congestion for these streets and use that information to establish a “standard” for what is an acceptable level of traffic congestion for the future. As with most Cities, this information will be used as a baseline in planning for development and how that may occur within the Town, while maintaining a reasonable level of traffic. As described in the report by ITS, the roadways are evaluated based on the measurement of congestion; this measurement is defined by Level of Service (LOS). In an effort to determine what is an acceptable LOS, several other Cities were consulted to help determine what is typically used for a LOS. The following is a cross-section of how other Cities are establishing their LOS: Colleyville: LOS C to D Fort Worth: LOS C Grapevine: LOS D Keller: LOS C North Richland Hills: LOS C Arlington: LOS C (objective); LOS D (minimum) Flower Mound: LOS C Grand Prairie: LOS C February 20, 2006 101 February 20, 2006 102 February 20, 2006 103 February 20, 2006 104 February 20, 2006 105 February 20, 2006 106 February 20, 2006 107 February 20, 2006 108 February 20, 2006 109 February 20, 2006 110 February 20, 2006 111 February 20, 2006 112 February 20, 2006 113 February 20, 2006 114 February 20, 2006 115 February 20, 2006 116 February 20, 2006 117 February 20, 2006 118 February 20, 2006 119 February 20, 2006 120 February 20, 2006 121 February 20, 2006 122 February 20, 2006 123 February 20, 2006 124 February 20, 2006 125 February 20, 2006 126 February 20, 2006 127 February 20, 2006 128 February 20, 2006 129 February 20, 2006 130 February 20, 2006 131 February 20, 2006 132 February 20, 2006 133 February 20, 2006 134 February 20, 2006 135 February 20, 2006 136 February 20, 2006 137 February 20, 2006 138 February 20, 2006 139 February 20, 2006 140 February 20, 2006 141 February 20, 2006 142 February 20, 2006 143 February 20, 2006 144 February 20, 2006 145 February 20, 2006 146 February 20, 2006 147 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding a Resolution establishing an Unencumbered Fund Balance, establishing an Adverse Contingency Reserve Fund, and adopting the calculations and methodology to establish those funds. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rau) Attachments: 1. Resolution 2. Recommended Calculation February 20, 2006 148 TOWN OF TROPHY CLUB RESOLUTION NO. _______ A RESOLUTION BY THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING AN UNENCUMBERED RESERVE FUND TO FINANCE TOWN EXPENDITURES DURING THE FIRST THREE (3) MONTHS OF THE FISCAL YEAR AND ESTABLISHING AN ADVERSE CONTINGENCY RESERVE FUND TO FUND UNEXPECTED EMERGENCIES; ADOPTING THE CALCULATIONS AND THE METHODOLOGY TO ESTABLISH THOSE FUNDS IN ACCORDANCE WITH EXHIBIT “A”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to establish an Unencumbered Fund balance to finance Town activities during the first three (3) months of the Fiscal Year; and WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to establish an Adverse Contingency Reserve Fund to provide a sense of continuity, and provide a means for dealing with unexpected emergencies; and WHEREAS, the calculation of such reserves will be established each fiscal year after the Budget is adopted, but prior to the adoption of the tax rate; and WHEREAS, the formula used to calculate the reserves required will follow the methodology as set forth in the 90 DAY UNENCUMBERED RESERVE CALCULATION as set forth in Attachment A. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. A 90 DAY UNENCUMBERED RESERVE and an ADVERSE CONTINGENCY RESERVE be established using the calculations and methodology as set forth in Attachment A, a copy of which is attached hereto and incorporated herein. Section 2. This resolution shall become effective and be in full force and effect from and after the date of passage and adoption by the Town Council of the Town of Trophy Club, Texas. Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the 20th day of February, 2006. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: February 20, 2006 149 Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas February 20, 2006 150 Recommend Calculation 1/4 operating revenues less AV Taxes Sales Taxes 416,000 Franchise fees less TXU ( not pd till June) 114,413 Permits etc 692,840 DPS 1,016,032 Park Rev 70,223 Misc Revenues 324,918 Total 2,634,426 25% 658,607 1/4 Exp 1,316,231 Less operating rev less AV Taxes (658,607) 657,624 Plus Adverse Contingency Reserve - (Total net Capital Expenses times 2% - $5,264,922 X 2%) 105,298 762,922 February 20, 2006 151 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for the referendum on traffic calming. EXPLANATION: As requested by the Council at the February 6th meeting, the following is a draft of three samples of proposed language for the ballot proposition for the referendum on traffic calming provided for Council review and discussion. Staff seeks direction on the appropriate language for the May 13, 2006 ballot. FOR OR AGAINST: 1. The continuation of the traffic-calming program on Trophy Club Drive through May 31, 2007, designating one wide lane of traffic with a shoulder adjacent to the curb, and to implement a traffic-calming program on Indian Creek Drive from Trophy Club Drive to the entrance of Harmony Park through May 31, 2007, designating one wide lane of traffic with a shoulder adjacent to the curb. 2. The continuation of the traffic-calming program on Trophy Club Drive through May 31, 2007, designating one wide lane of traffic with a shoulder adjacent to the curb. 3. The implementation of a traffic-calming program on Indian Creek Drive from Trophy Club Drive to the entrance of Harmony Park through May 31, 2007, designating one wide lane of traffic with a shoulder adjacent to the curb. RECOMMENDATION: ACTION BY COUNCIL: (bag, paa) Attachments: None February 20, 2006 152 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.5 Discuss and take appropriate action to direct staff on the inclusion of an item on the May 13, 2006 ballot to reduce the amount of sales tax revenue allocated to an EDC and to levy a sales and use tax to provide revenue for maintenance and repair of municipal streets. EXPLANATION: At the February 6th Council meeting, Council requested additional information and advice regarding the process for and the ability of the Town to place an item on the May 13, 2006 ballot that would reduce the amount of sales tax allocated to an EDC and allow the Town to levy a tax for maintenance and repair of Town streets. The amount of the street maintenance tax would be the same as that amount of the reduction from the EDC tax so that there would be no net increase or decrease to the overall sales tax. Under the state law that allows the Town to levy the road maintenance tax, the Town may either levy one-eighth of one percent or one-fourth of one percent to provide the revenue for repair and maintenance of streets that exist on the date of the election to adopt the tax. Staff seeks direction on whether Council wants to move forward with this ballot item, and if so, the amount of the tax that the Council would like to levy. Based upon Council’s direction, staff will prepare the appropriate ballot language for inclusion in the ordinance calling the May 13, 2006 election. Under state law, if this item is approved at the May election and the results are submitted to the Comptroller by the end of June, the tax would be effective on October 1 and the Town could begin to receive revenue from the Comptroller beginning with its December sales tax allocation. EDC4B does not currently have any long-term debt that would be negatively impacted by the tax reduction. RECOMMENDATION: ACTION BY COUNCIL: (paa) Attachments: 1. EDC4B Budget for fiscal year 2005-2006 February 20, 2006 153 February 20, 2006 154 February 20, 2006 155 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.6 Discuss and take appropriate action regarding the appointment of either one or two representatives from Council to participate in discussions with MUD representatives relative to providing Water and Waste Water service to areas outside of the Municipal Utility Districts. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None February 20, 2006 156 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.7 Discuss and provide direction to staff regarding possible inclusion of Resident Pool User Fees on the Town's Schedule of Fees Ordinance. EXPLANATION: Town Council directed staff to bring forward specific resident fee amounts for the use of the Community Pool. RECOMMENDATION: Staff makes no recommendation other than to state that the fees presented to Council in this document are deemed reasonable, as they have been compared to other cities with similar demographics and aquatic facilities. A majority of Park Board ( 8-2 ) voted against fees for the 05/06 budget year. ACTION BY COUNCIL: (aa) Attachments: 1. Information Memorandum Proposed Resident Use Fee Structure 2 years and under free Resident single visit fee $1.00 Resident individual season pass $30.00 Resident family season pass ( up to a family of six ) $60.00 Guest of resident ( per visit ) $1.00 Based on an average attendance of 100 daily users over a seventy-five day operational season, the revenue generated by such fees would be $7,500.00, which would recover 5.5% of the 05/06 operating cost of $137,000.00 February 20, 2006 157 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.8 Discuss and take appropriate action regarding an interlocal agreement with Marshall Creek Park for Police Services. EXPLANATION: Interlocal agreement with the Town of Marshall Creek to provide Police Services upon request. RECOMMENDATION: Staff recommends approval ACTION BY COUNCIL: (rcb) Attachments: 1. Interlocal Agreement 2. APPENDIX A February 20, 2006 158 INTERLOCAL COOPERATION AGREEMENT FOR AUTOMATIC AND MUTUAL AID FOR POLICE PROTECTION AND FOR DECLARED OR UNDECLARED EMERGENCIES ENDANGERING THE PUBLIC HEALTH AND SAFETY THE STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is entered into this __________ day of _________. 2006, by and between the Town of Marshall Creek, a general law municipality operating pursuant to the laws of the State of Texas (hereinafter “Marshall Creek”), and the Town of Trophy Club, a home rule municipality operating pursuant to its charter and the laws of the State of Texas (hereinafter “Trophy Club”), each acting through its authorized representatives. WHEREAS, the Marshall Creek and Trophy Club (hereinafter referred to collectively as “the Towns”) desire to enter into an agreement for the automatic provision of police services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; WHEREAS, the parties hereto mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and find that entering into this Agreement is beneficial to and serves a valid public purpose. NOW THEREFORE, Marshall Creek and Trophy Club, for the mutual promises, covenants, agreements and consideration stated herein, agree as follows: I. TERM The term of this agreement shall be for the period of one year following execution by both parties. II. AUTOMATIC MUTUAL ASSISTANCE 1. Upon the request of the Mayor, Town Council, or designated representative of Marshall Creek, upon the request of the Mayor, Town Council or designated representative of Trophy Club, or upon similar request from Denton County, to respond to a call for police February 20, 2006 159 services within the boundaries of either of the Towns, available personnel and equipment from each of the Towns will respond outside their respective individual town boundaries in aid to any point within the boundaries of the other town that is a party to this Agreement that is considered a “reasonable distance” for police response. Such aid shall be provided in accordance with the terms of this Agreement. For the purposes of this Agreement, dispatched calls (Denton County) for police services shall be deemed to be a request for police services by either Marshall Creek or Trophy Club. 2. As used in this Agreement, “reasonable distance” shall mean all area within the incorporated and unincorporated limits of Marshall Creek or the within the incorporated or unincorporated limits of Trophy Club. Such coverage area is that area designated on Exhibit “A”, a copy of which is attached hereto and incorporated herein. 3. If conditions exist within a responding town that prevent response outside its respective town limits, the designated representative from that town shall immediately notify the affected town designee, or Denton County, that no response can be made. The parties agree and understand that there may be circumstances when a response cannot be provided and that no liability shall result from the failure of either of the respective Towns to respond pursuant to this Agreement. III. PROCEDURES Provided conditions do not exist that prevent response outside a responding town’s limits, the dispatch and use of a responding town’s personnel and equipment pursuant to this Agreement is subject to the following procedures and limitations: 1. Where possible, a request for aid shall specify the location by street address to which the personnel and equipment are to be dispatched. 2. A responding town shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. 3. The requesting town, upon approval of the incident commander, shall release the responding town when the services of the responding town are no longer required. February 20, 2006 160 4. An authorized representative from the Trophy Club Department of Public Safety (hereinafter “DPS”) shall serve as the Incident Commander in all incidents to which Trophy Club responds pursuant to this Agreement. Marshall Creek agrees and understands that DPS protocol, policies, and procedures shall be followed in all responses for mutual or automatic aid pursuant to this Agreement regardless of whether the response is provided within the boundaries of Marshall Creek or within the boundaries of Trophy Club. Marshall Creek shall direct and require all of its personnel to follow the direction and command given by the Incident Commander. IV. COMMON BOUNDARY LINES In areas where common boundary lines exist between the Towns, accurate determination of jurisdiction may not be possible upon receipt of a call for police services. In these cases, Denton County will dispatch available personnel and equipment as soon as practical from either available town, until such time as on-scene officers make a determination regarding jurisdiction. V. CLAIMS Each town waives all claims against the other for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement; provided however, that this waiver shall not apply in those cases in which a claim results from the failure of either town to accept responsibility as required by Section VIII of this Agreement with respect to police services, pursuant to Section 791.006 of the Texas Government Code. VI. COSTS A responding town shall not be reimbursed by the requesting town for costs incurred in responding to an emergency pursuant to this Agreement. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury or death benefits, worker’s compensation benefits payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the town by which they are employed. Subject to Section V hereof, each town shall be solely responsible for the payment of its costs associated with providing personnel and equipment under this Agreement. All such costs shall be paid out of current revenues legally available to each party. VII. February 20, 2006 161 SUPERVISION Except as provided in Section III, paragraph 4 of this Agreement, personnel and equipment of a responding town shall be under the control and supervision of employees of such responding town during a response pursuant to this Agreement. VIII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting town is responsible for any civil liability that arises from the furnishing of police services pursuant to this Agreement. Nothing in this section adds to or changes the liability limits and immunities for a governmental unit as provided by Texas law. IX. PARTICIPATION, TERMINATION AND REMOVAL Each party has the right to terminate its participation in this Agreement, without cause, by providing written notice to the other party within (60) sixty days. X. ENTIRE AGREEMENT / ADDITIONAL COMMITMENTS This Agreement contains all commitments and agreements of the towns regarding automatic and mutual aid for police services, and declared or non-declared emergency endangering the health and safety and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that each signatory of this Agreement may have contracted or may contract in the future with other towns for fire protection and emergency medical services, and it is agreed that this Agreement shall not affect those contracts. XI. VENUE Each party agrees that if legal action is brought under this Agreement exclusive venue shall lie in Denton County, Texas. XII. BENEFITS When an employee or volunteer of a responding town is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purpose of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Chapter 615 of the Texas Government Code, and Chapter 142, Texas Local Government Code; and if death or loss occurs, such death or loss shall be considered to have occurred in the line of duty. February 20, 2006 162 XIII. SEVERABILITY In case one (1) or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. XIV. AUTHORIZATION This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418 of the Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. Each party hereto agrees and represents that it has taken all action legally necessary to execute this Agreement and that each designee signing below has the legal authority to execute this Agreement on behalf of the governing body of his respective town. EXECUTED this _________ day of ___________ 2006, at Denton County, Texas Town of Marshall Creek, Texas By: ___________________________________ MAYOR Attest: ________________________ Town Secretary February 20, 2006 163 Approved as to Form: ________________________ Town Attorney Town of Trophy Club, Texas By: ___________________________________ MAYOR Attest: ________________________ Town Secretary Approved as to Form: ________________________ Town Attorney February 20, 2006 164 APPENDIX A February 20, 2006 165 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.9 Items for Future Agenda. ·Discuss and take appropriate action approving the final format of the Year In Review Publication (March 6, 2006) ·Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20, 2006) ·Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. ·Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. ·Status of street repairs and bonds, including recommendation. ·Sale of Remaining Street bonds ·Discuss and present the Citizen of the Year award. (March 6th, 2006) ·Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20th, 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. None February 20, 2006 166 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.10 Consent Agenda: Discuss and take appropriate action approving a letter supporting TXDOT and their proposed plan for improving access through the SH 114 / SH121 corridor. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rau) Attachments: 1.Letter February 20, 2006 167 February 20, 2006 TxDOT 4777 E. Highway 80 Mesquite, TX 75150-6643 Re: SH 114 / SH 121 Corridor To Whom It May Concern: In the past decades, the TxDot staff in Fort Worth, as well as in Dallas, have worked very hard to plan and implement the necessary Transportation Improvements to serve Northeast Tarrant County, Northwest Dallas County, Southern Denton County and the Metroplex as a whole. Since the late 90’s, the TxDOT staffs in Fort Worth and Dallas have worked closely with the staffs of the surrounding cities as well as the staffs of the DFW International Airport and the North Central Texas Council of Governments. This group has developed the proposed plan for adding capacity, improving traffic flow, eliminating dangerous weaving movements and improving access through the SH 114 / SH 121 corridor. This plan will be presented to the Public on February 23, 2006 at the Grapevine Convention Center. The Town of Trophy Club supports the proposed plan as presented in the Public Meeting. The plan provides the safe movement of traffic thru the corridor while maintaining necessary access to the impacted cites and to DFW International Airport. On behalf of the Town of Trophy Club, I want to extend our sincere thanks to the TxDOT staff in the two districts for their hard work in developing a plan that meets the need of the motoring public while preserving access. Sincerely, Nick Sanders Mayor, Town of Trophy Club NS:lr February 20, 2006 168 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.11 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 6th, 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1.Minutes from February 6, 2006 February 20, 2006 169 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 6, 2006 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February 6, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Pam Cates Mayor Pro Tem Roger Williams Council Member Beverly Foley Council Member Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Interim Town Manager Lisa Ramsey Town Secretary Beth Ann Gregory Community Development Director Patricia Adams Town Attorney Randy Briggs Police and Fire Services Director A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present. A.2 Invocation. Roger Unger, Interim Town Manager gave the 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 and indivisible." Mayor Sanders led the pledges. A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Chris Chapman/Trophy Club Boy Scout Troop 937, and congratulating him on his achievement of the Eagle Scout Award. Mayor Sanders awarded Chris Chapman, Eagle Scout recipient with a Proclamation recognizing his outstanding achievement. Mayor Sanders pointed out that Mr. Chapman is the 59th Trophy Club resident to receive this honor. Council member Edstrom made a motion to approve; Council member Williams seconded. Motion passed unanimously without any discussion. B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: May 13th Election- Candidates may apply for a place on the May 13th Ballot, starting on February 13 . Seats are open for three Council Members for two-year terms and one Council Member for a 1-year term, three Directors for four-year th February 20, 2006 170 terms to the Trophy Club Municipal Utility District No. 1, and two Directors for four-year terms each to the Trophy Club Municipal Utility District No. 2. More information is available on the Town’s website. Citizen of the Year Award- The Town of Trophy Club values the contributions its citizens make to enrich the quality of life in our community. The Citizen of the Year Recognition helps showcase the people who make Trophy Club unique and provides formal acknowledgment of deserving individuals. The deadline for nominations is February 20, 2006 for individual contributions in the community (in any mode that serves the residents; i.e., Town government, sports, schools, church, scouting, etc.). Community Development: Roads & Infrastructure Indian Creek – Two small sections of Indian Creek at Valley Wood are being removed and replaced by the contractor as a warranty issue. One section has been replaced and once it has cured and can be opened to traffic, work on the remaining section will begin. Traffic Study – The traffic study is expected to be complete next week and will be brought before Council for review possibly as soon as the February 20th meeting. Building Addition – The building continues to move along ahead of schedule. The walls are in and texture and painting is occurring this week. We are on track to move in the middle of March. Finance: Budget Update- Staff has started the preliminary budget process and intends to have a Joint Budget Workshop with Ways and Means and Council prior to the March 6 Town Council. Meeting. The FY 04/05 Audit will be presented to the Council at their February 20 meeting. th th Information Systems: Training on the Mobile Cite Citation Management will start on February 14th, and is expected to go live on February 16th. Parks and Recreation: Marshall Creek Park- Jointly funded the purchase on an ATV for use by the Police to enforce violations by ATV users entering the park illegally. Pool Operations- The Pool website should be completely updated by the end on this week. Maintenance Operations of the Pool will also begin at the end of this week. Planning & Zoning: Zoning Submissions DR Horton: The Planning & Zoning Commission will meet in a workshop session, February 23, 2006. Country Club Maintenance Facility: The Maintenance Facility for the Country Club is currently within Hogan’s Glen property. Beck Properties is in the process of relocating the facility just east of the Wastewater Treatment Plant. Staff is in the process of reviewing the site plan. This item has been scheduled for an agenda March 2, 2006. Platting Submissions Trophy Club Country Club: The Country Club is in the process of platting their land. The plat will cover approximately 290 acres. Their application is scheduled to go before the Planning & Zoning Commission February 16, 2006. Construction Plans Eagle's Ridge II: The plans have been reviewed by the Town Engineer, and comments have been provided to the applicant. Currently staff is awaiting the applicant’s revisions. It is anticipated that the Town Council will be reviewing the Developer’s Agreement sometime in March. Ordinances Outdoor Storage: Staff has been gathering criteria from other cities to regulate outdoor storage for single-family and multi-family properties. ZBA 56 Cypress Court and 18 Skyline Drive: Both property owners are requesting a Special Exceptions to the Fence Requirements outlined in the Zoning Ordinance. The meeting is scheduled for February 14, 2006. February 20, 2006 171 Gas Well The police department has been monitoring noise levels daily at and near the well sites both during the day and overnight. The readings have been in compliance with Town ordinance. Periodic monitoring will continue to ensure that they remain in compliance. Residents experiencing excessive noise are encouraged to contact non- emergency police dispatch at 972.434.5500 and an officer will be dispatched to investigate. Police and Fire Services: Police Services As a result of numerous complaints from Grapevine Lake Preservation Association (GLPA) about unlawful riding outside of prescribed ORV areas, we have obtained an ATV for patrolling and enforcement of ORV restrictions in MCP. This should be operational in a couple of weeks after the proper training is conducted for the Police Officers in the safe operation of the ATV. Obtained 1996 Dodge Van from the Law Enforcement Explorer Post. The Van was donated from a Town resident to the explorer post and will be utilized for School Resource, Explorers and Travel. Fire Services Director Briggs attended the mandatory meeting with the Denton County Office of Emergency Preparedness in response to the UASI grant and FEMA Reimbursement for Wild-land Fires. Reimbursement includes manpower, overtime and mileage for responding to the wild-land wildfires. B.2 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. Eddie Price - 1 Cimarron Dr. Addressed the Council expressing his frustration regarding the high TXU electricity costs. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION C.1 Receive update and presentation from the NISD Task Force and discuss and take appropriate action to provide further direction to the Task Force and staff. Beth Ann Gregory, Community Development Director acknowledged the following members of the NISD Task Force; Marc Bartels, Wendy Hill, Rebecca Shuman, Mark Venator, Glen Strother and Matthew Graham. She described the five areas the Task Force has identified according to the objectives previously assigned by the Council; Joint Use Sports Fields and School Based Recreation Opportunities, Joint Use Performing Arts Facilities, Marshall Creek Park Facility Use, Shared Irrigation Infrastructure and Joint Use Library Facility. Roger Unger spoke to the potential annual cost of a shared library and the possible funding methods. Mayor Sanders commended the Task Force on this presentation as well as the time they have invested. Mayor Pro Tem Cates commented that the Task Force should review the EDC 4B capabilities of a funding source; as she believes that this would actual require more expenditure. Council member Edstrom thanked the members of the Task Force, indicating that this is the direction that they intended the group to take. Mayor Sanders clarified that the presentation will be placed on the website. Council member Foley agreed that the Task Force did a great job. Mayor Sanders summarized the recommendation of the Council that this Task Force continue with their plan. D.1 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-14 in its entirety, and adopting a new Ordinance adopting a Town Council Procedures Policy for the Town Council of the Town of Trophy Club. February 20, 2006 172 Council member Williams made a motion to repeal Ordinance 2001-14 and approve a new Ordinance adopting a Town Council Procedures Policy for the Town Council of the Town of Trophy Club with a modification of striking the last sentence of section 2.3; Council member Edstrom seconded the motion. Council member Williams reasoned that the Council still needs the ability to determine whether a member’s absence should be excused as according to the Charter. Council member Edstrom suggested that a group be formed in May or June to look at certain sections of the Charter that need more clarification. Bill Rose - 219 Inverness Dr. Addressed the Council suggesting that a charter review committee be formed to address sections of the Charter deemed necessary for revision. Mr. Rose also recommended that the second sentence of section 2.8 be changed to read the Town Manager or Acting Town Manager. Council member Williams modified his motion to include the recommendation made by Mr. Rose; the second agreed with the modification. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding a referendum or survey of the residents on the traffic calming pilot program. Patricia Adams, Town Attorney advised the Council that the outcome of a referendum, if approved would be binding until such time as a second referendum is held. Ms. Adams suggested that parameters be included to the referendum such as establishing a time frame for the duration of the program. Council member Williams made a motion to include a referendum on the May ballot as previously approved, with Council’s ability to approve the verbiage of the referendum; Council member Foley seconded the motion. Mayor Sanders asked for clarification of the previous motion approved at the October 3rd, 2005 meeting; Mayor Sanders called for the vote. Motion to approve the traffic calming project for the section of Trophy Club Drive for six months, with funding taken from street maintenance and with Council including as a referendum on the ballots in May, assuming that this can be accomplished with election time deadlines, passed unanimously without further discussion. Mayor Sanders opened the floor for discussion, explaining that the discussion should relate to whether Council approve a referendum and not about the particulars of the referendum. Council member Williams recollected that the Council previously approved a referendum and that they should live up to the their word. Council member Edstrom does not in support a referendum given how the Charter exists today, but would prefer to survey the residents. Mayor Pro Tem Cates supports a referendum and believes that Council should not make this decision, but rather the citizens. Council member Foley agrees with a referendum. Margi Cantrell of 1105 Sunset Drive declined her opportunity to address the Council, when called upon by the Mayor to speak. Mayor Sanders’ favors having a referendum as it allows the citizens to speak. Council member Edstrom requested that Council approve the language of the referendum prior to it being placed on the ballot and that the residents be fully informed about the consequences of the referendum. Motion passed unanimously without further discussion. February 20, 2006 173 D.3 Discuss and take appropriate action to reschedule the regularly scheduled May 15, 2006 Council meeting to May 22, 2006 in order to satisfy Election Code requirements for official canvassing of the May 13, 2006 Election. Council member Edstrom made a motion to reschedule the May 15th Council meeting to May 22nd; Council member Foley seconded the motion. It was confirmed that both the canvass of the election and seating of the new election officials could occur at the May 22nd meeting. Motion passed unanimously, without further discussion. D.4 Discuss and provide direction regarding the implementation of ASA (American Supporting Americans) program and provide an update on progress. Mayor Pro Tem Cates gave a presentation introducing the Town’s adopted unit, 1st (Bastogne) Brigade of 101st Airborne Division – 32nd Cavalry ‘The Bandits.’ Cates advised that to date, little support has been shown to this unit who has been deployed since September 2005 and provided an list of needs that would be welcomed support to this unit. Council member Edstrom confirmed that students requesting community service hour should contact Steven Kohs. Mayor Pro Tem Cates advised that the schools she has been in contact with are very excited to participate. Council member Williams suggested that the presentation be displayed on the website, Channel 7 and sent out as a Press Release as well as advertised on the Marquees. Mayor Sanders asked that reporters, Amy Keen of the Trophy Club Times and John Kirsch of the Star Telegram, who were in the audience, include the ASA program in their coverage of the Town. Dennis Sheridan - 1 Hillcrest - Addressed Council as a former member of 101st and a strong supporter, requesting to be notified if any members of this Unit come through DFW on R&R, as he would like to take them to dinner. D.5 Staff to provide Town Council with an update on the Year-in-Review Publication, Council to discuss and provide direction to staff. Council was given the first draft of the Year In Review. Mr. Unger asked for Council’s comments and/or suggestions, informing them of staff’s intentions to submit the final draft for their approval at the March 6th meeting. Council member Edstrom suggested that the picture on the front cover be replaced with a business that is still operational. Mayor Sanders suggested the motorcycle picture on the Parks and Recreation page by replaced. Other suggestions made by the Council were: add information on the new High School on the Did You Know Page, place caption under the picture with explanation on the P & Z page. Mr. Unger confirmed that the publication will not be mailed out to the residents this year but will be available as handouts, it will be included in the new resident packet and available on the Town’s website. Council member Edstrom suggested a Press Release announcing when the publication is complete and available. D.6 Discuss and take appropriate action to approve Minutes dated, January 23, 2006. Council member Foley made a motion to approve the Minutes dated January 23, Mayor Pro Tem Cates seconded the motion. Motion passed 3-0-1with Williams, Foley and Cates voting in favor and Council member Edstrom abstaining. February 20, 2006 174 D.7 Discuss and take appropriate action to approve minutes dated January 24, 2006. Council member Edstrom made a motion to approve the Minutes dated January 23; Council member Williams seconded the motion. Motion passed 3-0-1with Williams, Edstrom and Cates voting in favor and Council member Foley abstaining. D.8 Items for Future Agenda. · Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20. Ordinance to include possible inclusion of Recreational User Fees. (February 20, 2006) · Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20, 2006) · Discuss and take appropriate action for a Road Maintenance District. (March 6, 2006) · Long-term capital project list, projected fiscal impact and surveys for resident input on potential projects. · Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. · Status of street repairs and bonds, including recommendation. · Sale of Remaining Street bonds. Finish Strategic Planning Workshop on February 20th before the Council meeting. Discuss and present the Citizen of the Year award. (March 6th, 2006) Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20th, 2006. Form a Charter review committee. (Date to be determined.) Discuss and take appropriate action regarding a referendum on traffic calming. (Discussion on February 20th and Action on March 6th, 2006) Discuss and take appropriate action regarding the review of the traffic study. (February 20th, 2006) Item for agreement Town of MCP for Police Services interlocal agreement 2-20 D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. 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. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:30 P.M. EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A. Consultation with Town Attorney on pending or contemplated litigation or 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 Texas Open Meetings Act (§551.071 (a) and (b)). (1) Town of Trophy Club, Texas v. Bryan W. Aldridge; Cause No. 2006-20009-158 (2) In re Bryan Aldridge, Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 8:50 P.M. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action being taken. F.1 Adjourn. Council member Edstrom made a motion to adjourn; Council member Williams seconded the motion. Meeting adjourned at 8:50 P.M. February 20, 2006 175 * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 _____________________________________ ______________________________________ Town Secretary, Lisa Ramsey Mayor, Town of Trophy Club, Nick Sanders February 20, 2006 176 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.12 Consent Agenda: Discuss and take appropriate action to approve financials dated January 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None February 20, 2006 177 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.13 Consent Agenda: Discuss and take appropriate action regarding Racial Profiling Report for 2005. EXPLANATION: Shown below is the annual racial profiling report summary for 2005. As you know, all local law enforcement agencies are required to issue a report by March 1, to their local governing bodies, which should consist, in part, of a comparative analysis of racial profiling data collected pursuant to SB1074. A report required under SB 1074,Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 CCP to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. The Trophy Club Department of Public Safety did not receive or have any complaints pertaining to allege racial profiling for calendar year 2005. RECOMMENDATION: ACTION BY COUNCIL: (rcb) Attachments: 1. Information Memorandum 2. Tier Two Racial Profiling Report February 20, 2006 178 February 20, 2006 179 February 20, 2006 180 February 20, 2006 181 February 20, 2006 182 February 20, 2006 183 February 20, 2006 184 February 20, 2006 185 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.14 Consent Agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege for the following dates: May 6th and October 21st. EXPLANATION: The spring garage sale will be held Saturday, May 6th and the fall sale will occur Saturday, October 21st. For each event, no alternate rain day is planned. The Planning & Zoning Commission unanimously approved the request for permit at their 2 February 2006 meeting. Maxine Kamp will be at the meeting to answer any questions the Council may have. The event will be handled the same as in previous years. Maxine will be in contact with Randy Briggs to discuss any DPS issues for the event. ACTION BY COUNCIL: (kcf) Attachments: 1. Council Memorandum 2. Temporary Use Application February 20, 2006 186 February 20, 2006 187 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.D.15 Informational Only - Additional Information for Council review as provided by the Department of Police and Fire Services. EXPLANATION: DPS Monthly Stats RECOMMENDATION: ACTION BY COUNCIL: (rcb) Attachments: 1. Information Memorandum 2. Police Bureau Stats 3. Fire Bureau Stats February 20, 2006 188 TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT FOR INFORMATION ONLY JANUARY 2006 February 20, 2006 189 Jan 2006 Patrol Traffic Stops 25.96% Traffic Citations (Moving) 5.82% Number of Writ ts ten Repor 8.61% Misdemeanor Arrest 1.51% affic Citations (Non-moving) 10.48%Parking Citations 6.75%Warning Citations 8.27% cle Searches 1.05%DWI Investigations Accidents 0.23% Felony Arrests 0.00% Dispatched Calls 29.34% Out of City sistance Calls 1.51% Vehi As Tr Monthly Crime/Patrol Statistics - January 2006 Tr a f f i c S t o p s Tr a f f i c C i t a t i o n s (M o v i n g ) Tr a f f i c C i t a t i o n s (N o n - m o v i n g ) Pa r k i n g C i t a t i o n s Wa r n i n g C i t a t i o n s Ve h i c l e S e a r c h e s DW I I n v e s t i g a t i o n s Ac c i d e n t s Fe l o n y A r r e s t s Mi s d e m e a n o r Ar r e s t Di s p a t c h e d C a l l s Nu m b e r o f W r i t t e n Re p o r t s Ou t o f C i t y As s i s t a n c e C a l l s Da y s W o r k e d TOTAL 223 50 90 58 71 9 4 2 0 13 252 74 13 224 February 20, 2006 190 CID Jan 2006 Resisting Arrest Count 2.33% Public Intoxication Count 2.33% Parent Cont Nonattend Count 2.33% Fireworks Violation Count 2.33% Harassment Count 2.33% Evading Arrest Count 2.33% Criminal Mischief Count 18.60% BMV Count 18.60%Assault - FV Count 9.30% Credit Card Absue Count 2.33% Burglary of a Building Count 2.33% Deranged Individual Rpt Count 2.33% Animal Complaint Count 2.33% Agg Assault/Deadly Wpn Count 2.33%Ageny Assist Count 2.33% Theft of Service Count 2.33% Information Count 2.33% Found Property Count 6.98% Theft Count 4.65% Theft 50-500 Count 6.98% Mental Health Call Count 2.33% DESCRIPTION DISPOSITION Ageny Assist Count 1 Agg Assault/Deadly Wpn Count 1 Animal Complaint Count 1 Assault - FV Count 4 BMV Count 8 Burglary of a Building Count 1 Credit Card Absue Count 1 Criminal Mischief Count 8 Deranged Individual Rpt Count 1 Evading Arrest Count 1 Fireworks Violation Count 1 Found Property Count 3 Harassment Count 1 Information Count 1 Mental Health Call Count 1 Parent Cont Nonattend Count 1 Public Intoxication Count 1 Resisting Arrest Count 1 Theft Count 2 February 20, 2006 191 Theft 50-500 Count 3 Theft of Service Count 1 February 20, 2006 192 February 20, 2006 193 February 20, 2006 194 February 20, 2006 195 February 20, 2006 196 February 20, 2006 197 February 20, 2006 198 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act : (1) Applications for Town Manager position, prescreeening, processing of applications, and interviews. February 20, 2006 199 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None February 20, 2006 200 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-20-2006 Subject: Agenda Item No.F.1 Adjourn. February 20, 2006 201