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Agenda Packet TC 03/06/2006Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, March 6, 2006 7:00 P.M. A.1 NOTICE OF WORKSHOP BETWEEN TOWN COUNCIL AND WAYS AND MEANS (6:00 -7:00) 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 Town Council to Announce a "Citizen of the Year for 2004" and to present a certificate to recognition to the recipient. 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: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning and Platting Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau 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. D.1 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for the referendum on traffic calming. D.2 Discuss and take appropriate action regarding an Ordinance calling a Joint/General for May 13, 2006 for the purpose of electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, for electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1, and for electing two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2. Discuss and take appropriate action regarding an Ordinance calling a Special Election for the purpose of electing one (1) Council member to serve a one (1) year term in order to complete the term of office created by a vacancy on the Council, a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reduce the amount of sales tax revenue allocated to the Trophy Club EDC 4B, and levy a sales and use tax to provide revenue for maintenance and repair of Municipal streets, a Special Election on a Measure to hold a binding referendum as authorized by the Charter of the Town of Trophy to determine whether the citizens desire to continue the existing traffic calming program on Trophy Club Drive, Special Election on a Measure to hold a binding referendum as authorized by the Charter of the Town of Trophy to determine whether the citizens desire to implement a traffic calming program on Indian Creek Drive. D.3 Discuss and take appropriate action regarding a Joint Election agreement between Town and Northwest ISD for two (2) Board of Directors each serving a three (3) year term. D.4 Discuss and take appropriate action regarding a Resolution establishing a 90- day operating fund, establishing a contingency fund, and adopting the calculations and methodology to establish those funds. D.5 Discuss and take appropriate action regarding a repeal of Town Ordinance No. 2005-19 in its entirety, and adopting a new Ordinance regulating the dedication of Park Land and Open Space. D.6 Discuss and take appropriate action regarding accepting and awarding the Engineer's recommended bid for Storm Sewer maintenance on Inverness Drive. D.7 Discuss and take appropriate action regarding the acceptance or rejection of an offer of donation of a mini-van to the Explorer and SRO program. D.8 Discuss and take appropriate action approving the final format of the Year In Review Publication. D.9 Items for Future Agenda. Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage 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. 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 regarding the submission of the Grant application for the School Resource Officer Program for the 2006-07 fiscal year. D.11 Consent Agenda: Discuss and take appropriate approving an agreement authorizing the use at least one accessible voting system in each polling place used in a Texas election on or after January 1, 2006, as required by the Help America Vote Act of 2001. E.1 Consultation with attorney on pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the open meetings act (§551.071 [a] & [b]): 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 From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.A.1 NOTICE OF WORKSHOP BETWEEN TOWN COUNCIL AND WAYS AND MEANS (6:00 -7:00) Call to order and announce a quorum. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.A.2 Invocation. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 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." COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.A.4 Town Council to Announce a "Citizen of the Year for 2004" and to present a certificate to recognition to the recipient. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 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: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning and Platting Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 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. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for the referendum on traffic calming. EXPLANATION: At the February 20, 2006 Council meeting staff was directed to bring back proposed language at the March 6, 2006 meeting so that Council could determine the final wording for the ballot language for the election on traffic calming and the costs associated with various forms of markings for the traffic calming shoulder. Provided below is an outline of the costs and proposed ballot language. Staff seeks direction from Council regarding an ending date for the program and the method of marking. Those decisions will dictate the appropriate ballot language. Methods of Implementation and Associated Costs The following costs are associated with the changes to the markings currently on Trophy Club Drive: 1. Use of painted striping with reflective buttons every 40 feet for safety along the traffic lane with painted striping only within the interior shoulder at a cost not to exceed $2,500 for Trophy Club Drive 2. Use of painted striping with reflective and ceramic buttons along the length of the traffic lane with painted striping only within the interior shoulder at a cost not to exceed $4,000 for Trophy Club Drive. The following costs are associated with the implementation of the traffic calming project on Indian Creek Drive: 1. Use of painted striping with reflective buttons every 40 feet for safety along the traffic lane with painted striping only within the interior shoulder at a cost not to exceed $7,500.00 for Indian Creek Drive. 2. Use of painted striping with reflective and ceramic buttons along the length of traffic lane with painted striping only within the interior shoulder at a cost not to exceed $14,500.00 for Indian Creek Drive. Ballot Language 1. The continuation of the traffic-calming program on Trophy Club Drive from the area of Oak Hill to Meadow Creek through ____________(date), designating one wide lane of traffic with a shoulder adjacent to the curb at a cost not to exceed $______ to change the current lane markings. 2. The implementation of a traffic-calming program on Indian Creek Drive from Trophy Club Drive to the entrance of Harmony Park through ___________(date), designating one wide lane of traffic with a shoulder adjacent to the curb at a cost not to exceed $______ for implementation. RECOMMENDATION: ACTION BY COUNCIL: (bag, paa) Attachments: None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding an Ordinance calling a Joint/General for May 13, 2006 for the purpose of electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, for electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1, and for electing two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2. Discuss and take appropriate action regarding an Ordinance calling a Special Election for the purpose of electing one (1) Council member to serve a one (1) year term in order to complete the term of office created by a vacancy on the Council, a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reduce the amount of sales tax revenue allocated to the Trophy Club EDC 4B, and levy a sales and use tax to provide revenue for maintenance and repair of Municipal streets, a Special Election on a Measure to hold a binding referendum as authorized by the Charter of the Town of Trophy to determine whether the citizens desire to continue the existing traffic calming program on Trophy Club Drive, Special Election on a Measure to hold a binding referendum as authorized by the Charter of the Town of Trophy to determine whether the citizens desire to implement a traffic calming program on Indian Creek Drive. EXPLANATION: The Ordinances will be handed out at the meeting on Monday night. RECOMMENDATION: ACTION BY COUNCIL: A COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding a Joint Election agreement between Town and Northwest ISD for two (2) Board of Directors each serving a three (3) year term. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. NISD – Joint Election Agreement TOWN OF TROPHY CLUB § COUNTY OF DENTON § STATE OF TEXAS § A JOINT ELECTION AGREEMENT WHEREAS TEXAS ELECTION CODE Chapter 271 authorizes two or more political subdivisions to enter into an agreement to hold their elections jointly in the election precincts that can be served by common polling places if the elections are to be held on the same day in all or part of the same territory; and WHEREAS The Town of Trophy Club, Texas ("Town") and the Northwest Independent School District ("NISD"), have ordered elections for May 13, 2006; and WHEREAS The Town and NISD represent that they have each adopted orders, resolutions or other official actions reciting the terms of this joint election agreement; and WHEREAS The Town and NISD find that this joint election agreement will adequately and conveniently serve the affected voters and will facilitate the orderly conduct of the election; NOW, THEREFORE, the Town and NISD agree as follows: 1 . The Town and NISD agree to hold their respective general elections for officers jointly on May 13, 2006. 2. The Town and NISD will provide their own separate ballots, poll lists, tally sheets and returns. 3. The Town and NISD will each post election orders and publish election notices. Each party agrees to provide a copy of said orders and notices to each other party. 4. The Town and NISD will each provide separate ballot boxes for the early voted ballots and for ballots voted on election day for the jointly used polling place which will be provided by the Town; all counted NISD ballots will be returned to NISD in Ballot Box 3, to be provided by NISD; all unused supplies and spoiled/mutilated ballots will be returned to NISD in Ballot Box 4, to be provided by NISD; each entity will secure their voted ballots separately during the 60 day preservation period. 5. All election judges and poll workers must be qualified to vote in the NISD and/or Town election. 6. The Town and NISD agree to jointly pay between two (2) and fifteen (15) clerks to work on election day. The exact number of persons shall be determined by the Town Secretary and NISD Elections Administrator. 7. All election officials shall be paid $8.00 an hour, and the Election Judge will receive $25.00 for the delivery of election results and supplies. 8. The Town and NISD agree to appoint the same election judge and designate the same polling place in the Town. The election judge and polling place are: Polling Place Judge/Alternate Judge Town of Trophy Club Pepper Slusar/Judy Williams 100 Municipal Dr Trophy Club, TX 76262 9. All votes for Town and NISD elections, voted at the Trophy Club, SVORE Building, shall be tabulated at Trophy Club, SVORE Building. 10. The Town agrees to place identification signs at the polling place inside the Town on the day of the election, and to retrieve and store them after the election. 11. NISD agrees to pay election costs as follows NISD cost will be one third (1/3) of the total cost as determined by the Town Secretary 12. The NISD is responsible for the costs of election judges and clerks, and room rentals, if any, of polling places outside the Town. 13. The Town agrees to account for and pay all costs of the election inside the Town; the NISD agrees to reimburse the Town its portion of costs within 30 days of billing by the Town Secretary. APPROVED AND SIGNED on this the 6th day of March, 2006. THE TOWN OF TROPHY CLUB, TEXAS BY: _____________________________________ C. Nick Sanders, MAYOR NORTHWEST INDEPENDENT SCHOOL DISTRICT BY: _____________________________________ Debbie Thomas, President of the School Board ATTEST: ____________________________ Lisa Ramsey TOWN SECRETARY COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding a Resolution establishing a 90- day operating fund, establishing a contingency fund, and adopting the calculations and methodology to establish those funds. EXPLANATION: This item is being brought back to the Town Council with changes as directed by the Council at your previous meeting. Additionally, you have been given several alternative choices with respect to the amount of the Contingency Reserve that needs to be maintained. RECOMMENDATION: Staff recommends this item be adopted with an amount of Contingency Reserve as determined by the Town Council. ACTION BY COUNCIL: (rau) Attachments: 1. Resolution 2. Recommended Calculation TOWN OF TROPHY CLUB RESOLUTION NO. _______ A RESOLUTION BY THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING A NINETY DAY OPERATING FUND TO FINANCE TOWN EXPENDITURES DURING THE FIRST THREE (3) MONTHS OF THE FISCAL YEAR AND ESTABLISHING A CONTINGENCY RESERVE FUND TO FUND UNEXPECTED EMERGENCIES; ADOPTING THE CALCULATIONS AND THE METHODOLOGY TO ESTABLISH THOSE FUNDS IN ACCORDANCE WITH ATTACHMENT “A”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to establish an Unencumbered Fund balance equivalent to ninety days operating expense 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 Contingency Reserve Fund to provide a sense of continuity, and provide a means for dealing with unexpected emergencies; and WHEREAS, the calculation of such operating funds 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 OPERATING FUND CACULATION 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 OPERATING FUND and a 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 6th day of March, 2006. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas ATTACHMENT “A” 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 Contingency Reserve - (Total net Capital Expenses times 2% - $5,264,922 X 2%) 105,298 762,922 Alternative of 3% for Contingency Reserve $157,948 Alternative of 4% for Contingency Reserve $210,597 Alternative of 5% for Contingency Reserve $263,246 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding a repeal of Town Ordinance No. 2005-19 in its entirety, and adopting a new Ordinance regulating the dedication of Park Land and Open Space. EXPLANATION: Adding an appeal process for Parkland Dedication allows council to weigh the merits of proposed Parkland, and have the ability to accept Parkland that does not meet the criteria as determined by the Parks and Recreation Department. RECOMMENDATION: Staff recommends the adoption of the revised ordinance. ACTION BY COUNCIL: (aa) Attachments: 1. Information Memorandum 2. Ordinance TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 20052006-19-- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-022005-19 RELATING TO THE DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING NEW PROVISIONS FOR THE DEDICATION OF PARK LAND AND OPEN SPACE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; ESTABLISHING DEDICATION PROCEDURES; PROVIDING FOR MONEY IN LIEU OF LAND; PRESCRIBING ADDITIONAL REQUIREMENTS; ESTABLISHING CRITERIA FOR CREDIT FOR CONVEYANCE OF FLOODPLAINS; PROVIDING FOR MINIMUM PARK IMPROVEMENTS; PROVIDING FOR AN APPEAL; PROVIDING FOR A BIENNIAL REVIEW; ESTABLISHING REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT; PROVIDING FOR PERMITS AND SERVICES TO BE WITHHELD; PROVIDING FOR THE REDETERMINATION OF REQUIREMENTS FOR PROPSED ADDITIONAL DWELLING UNITS; 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 A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, on February August 15, 200519, 2001, the Town Council enacted Ordinance No. 2001-022005-19, an Ordinance repealing Ordinance No. 2001-02s. 94-01 and 99- 12, and adopted a new Ordinance relating to the dedication of park land and open space, by providing an update to the previous Park Land Ordinance, including a Park Land Dedication Methodology, and; WHEREAS, since the passage of Ordinance No. 2005-19, staff has recognized that certain properties located within floodplain areas and flowage easements have the potential to be utilized for certain recreational uses that might be beneficial to the Town and its residents in a recreational capacity; staff recommends an update to the current Park Land Ordinance, including a Park Land Methodology, set forth in Exhibit “A”, (a copy of Exhibit “A” is attached hereto and incorporated herein by this reference); and WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to adopt new regulations governing the Park Land Dedication within the corporate limits of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCILOF 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. PURPOSE This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the Town. This article is enacted in accordance with the home rule powers of the Town, granted under the state constitution, and the statutes of the state including, but not by way of limitation, V.T.C.A., Local Government Code § 54.004, and ch. 212. It is hereby declared by the Town Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the Town, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. SECTION 3. DEDICATION PROCEDURES A. Whenever a Final Plat is filed on record with the county clerk of Denton or Tarrant County for development of a residential area in accordance with the planning and zoning ordinances of the Town, such plat shall contain a clear fee simple dedication of an area of land to the Town for park purposes, which area shall equal one (1) acres for every 44 proposed dwelling units. B. The Town Council declares that development of an area smaller than five (5) acres for public park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 4, rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five (5) acres shall be approved. C. In all other instances, the Town shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the Parks and Recreation Director, and to require payment of cash in lieu of land in the amount provided by Section 4, if the Town determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential in the area of the proposed would be better served by expanding or improving existing parks. SECTION 4. MONEY IN LIEU OF LAND Where Town Council determines that a payment of money in lieu of land shall be made, the following provisions shall apply. A. Amount Required to be Paid: 1. Any payment of money required to be paid by this Ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land existing in effect at the time of Final Plat approval. 2. In determining the average per acre value of the total land included within the proposed residential development, the Town Council may base its determination on one or more of the following: a. The most recent appraisal of all or part of the property made by the central appraisal district; or b. Confirmed sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately proceeding the date of determination; or c. Where, in the judgment of the Town Council, (i) or (ii) above would not, because of changed conditions, be a reliable indication of the then current value of land being developed, an independent appraisal of the whole property shall be obtained by the Town and paid for by the developer. SECTION 5. ADDITIONAL REQUIREMENTS A. Any land dedicated to the Town under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1. Any area primarily located in the 100-year floodplain. 2. Any areas of unusual topography, slope or other characteristics which renders same unusable for organized recreational activities or other parks and recreational uses. Such characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. B. Land listed in paragraph A of this Section may be accepted by the Town Council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. C. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with Town engineering standards, and if no significant area of the park is cut off from access by such channel. D. Each park must have ready access to a public street. E. Unless provided otherwise in this section, an action by the Town shall be by the Town Council, after consideration of the recommendations of the planning and zoning commission and the Parks and Recreation Director and his recommendation to the Town Council. SECTION 6. CREDIT FOR CONVEYANCE OF FLOODPLAINS A. In cases where floodplain land or property is proposed for conveyance to satisfy the park land requirements, a credit will be given upon the following criteria: 1. Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain. SECTION 7. MINIMUM PARK IMPROVEMENTS A. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the Town. The Developer shall: 1. Grade and clear unwanted vegetation, to be determined by the Town; 2. Provide water and sewer service to the site. SECTION 8. APPEAL A. Unless otherwise provided herein, an action by the Town in determining compliance with the terms of this Ordinance refers to a determination made by the Parks and Recreation Director or the Parks and Recreation Board. The developer/owner of land subject to parkland dedication requirements may appeal any determination by the Parks and Recreation Director or Board under this Ordinance to the Town Council for a final decision. The appeal shall be in writing and shall be filed with the Planning and Zoning Commission, which shall make its recommendation to the Town Council. The Town Council will not review the appeal of any determination by the Parks and Recreation Department without first obtaining the recommendation of the Planning and Zoning Commission. No final plat shall be approved by the Planning and Zoning Commission which varies the terms of this Ordinance or which does not comply with the Parks and Recreation Department's determination without final resolution of the appeal by the Town Council. SECTION 89. BIENNIAL REVIEW Prior to one (1) year after the effective date of this Ordinance, the Parks & Recreation Director shall review the Park Land Dedication Ordinance and make any recommendations for revision to the Town Council. Thereafter, at least once every two (2) years, the Parks & Recreation Director shall review the Parkland Dedication Ordinance and make any recommendations for revision to the Town Council. SECTION 910. REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this Ordinance, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this Ordinance applies, until the required conveyance of land, or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 101. PERMITS AND SERVICES TO BE WITHHELD No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this Ordinance applies until the required conveyance of land or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 121. REDETERMINATION OF REQUIREMENTS FOR PROPOSED ADDITIONAL DWELLING UNITS After the Town Council has made a determination of the requirements of this Ordinance, or after the requirements of this Ordinance have been met, based upon the proposed number of residential dwelling units for any land to which this Ordinance applies, any person who desires to construct a number of dwelling units in excess of the number dwelling units for which the requirements of this Ordinance were determined or met, must submit to the Town Council a revised zoning proposal for additional dwelling units for the development. Once the Town Council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey additional park land through a plat or replat, or shall pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this Ordinance, the person proposing to construct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the Town. SECTION 132. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 143. 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; provided, however, that Ordinance No. 2001-02 is hereby repealed. 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 Ordinance No. 2001-02 on the date of adoption of this Ordinance or under such portion of any other Ordinance relating to Park Land Dedication shall continue to be governed by the provisions of such Ordinances and for that purpose the Ordinances shall remain in full force and effect. SECTION 154. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Park Land Dedication 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 156. 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 167. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 178. 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 189. 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 15th 6th day of AugustMarch, 20052006. Mayor Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Exhibit “A” Park Land Methodology Land Requirements: 8 acres / 1,000 population 1 acre per 125 Total Population: 7,700 people 2.83 Person Per Household (PPH) 125 People / 2.83 PPH = 44 DUs 1 acre per 44 DUs Park Acquisition Cost (Determines Fee in Lieu of Land) Assumption 1 acre = fair market value Fair market value / 44 DUs = per DU DU – Dwelling Unit COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.6 Discuss and take appropriate action regarding accepting and awarding the Engineer's recommended bid for Storm Sewer maintenance on Inverness Drive. EXPLANATION: As per Council’s direction the following bids were sought and received for the maintenance of the storm drain system off Inverness Drive. The project was bid with a base bid and alternates to provide Council with the largest number of options to address this issue. RECOMMENDATION: Due to limited funds, staff recommends awarding the Base Bid and Alternate A in the total amount of $64,142 to Bil-Mik, Inc. Bil-Mik was the low bidder and we have had positive experience with them on previous jobs. At Fiscal Year End 2005-06 we had $64,055.88 plus interest available in our storm sewer GASB fund to cover the cost of this project. If required Alternate C could be completed at a later time. ACTION BY COUNCIL: (bg) Attachments: 1. Informational Memo 2. Bid Tabulation Memorandum To: Mayor and Town Council From: Keith Fisher, P.E., Teague, Nall and Perkins cc: Beth Ann Gregory Date: February 15, 2006 Teague Nall and Perkins was directed to design a drainage system, following Town standards, that would ensure that the one hundred year storm is completely captured within the storm drainage system and existing right of way. We performed a system analysis and designed improvements to address the concerns. The elements within the bid that would meet the one hundred year storm criteria are the Base Bid, Alternate "A" and Alternate "C". The scope of the bid is as follows: • Base Bid includes the removal of two (2) 10' curb inlets located at 223 Inverness Drive. Two (2) new 20' curb inlets with new drainage pipe will be constructed in the same location. The removal of a section of street and existing drainage pipe is also included. The storm drain junction boxes located in the rear of the home adjacent to the golf course will be modified to include a cast iron drainage grates in lieu of the current cast iron tops. This will be done at two (2) locations. • Alternate #A will include the removal of two (2) 10' curb inlets upstream along with a section of pavement. One (1) 15' curb inlet and one (1) 20' curb inlet will be constructed in the same location. Six inch concrete pavement will be constructed at both locations. • Alternate "B" which is the grassed overflow swale between 223 & 301 Inverness Drive. • Alternate "C" which consists of the removal of the the last 55' of 54" rcp at the outfall of the storm drainage system. A 72" rcp with a headwall would be constructed in its place. Due to the limited funding, we designed the project as a series of alternates. This would aid the Town in making decisions based on available funding. At a minimum, we are recommending that the Town accept the Base Bid and Alternate "A". These improvements will carry the 10 year storm. 1100 Macon Street • Fort Worth, Texas 76102 • 817.336.5773 phone • 817.336.2813 fax www.tnp-online.com COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding the acceptance or rejection of an offer of donation of a mini-van to the Explorer and SRO program. EXPLANATION: An offer of a donation of a minivan has been made to the Trophy Club Explorer post. By law, an Explorer post cannot own an asset of this type. On receipt of this donation, the Explorer post immediately offered to donate this vehicle to the Town. Captain Hurley will be available to answer questions about the potential uses for this van. The additional cost to the Town for insurance would be approximately $285.00 annually, plus the cost of operation and maintenance. RECOMMENDATION: Town Council to decide on the acceptance or rejection of this donation based on Captain Hurley’s presentation. ACTION BY COUNCIL: Attachments: 1. Resident Letter COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.9 Items for Future Agenda. Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage 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. Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20th, 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.10 Consent Agenda: Discuss and take appropriate action regarding the submission of the Grant application for the School Resource Officer Program for the 2006-07 fiscal year. EXPLANATION: This Resolution and Cooperative Working Agreement must be approved by Council prior to making application for the second year of funding under the Safe and Drug Free Schools Grant. The grant expires on August 30, 2006, unless approved for continuation. Approval of this grant continuation, in the amount of $55,605.00, will allow us to keep our School Resource Officer dedicated to campus security and youth related programs. It is our intention to apply for continuation of this grant funding again in 2007. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Resolution 2. Cooperative Working Agreement TOWN OF TROPHY CLUB RESOLUTION 2006-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2006-2007 FISCAL YEAR; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the School Resource Officer Program be operated for the 2006-2007 fiscal year; and WHEREAS, The Town of Trophy Club agrees to abide by any and all such rules or special conditions as required by the Safe and Drug-Free Schools and Communities (SDFSC) program grant application; and WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Mayor Nick Sanders as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club approves submission of the grant application for the School Resource Officer Program to the Office of the Governor, Criminal Justice Division and authorizes the Mayor or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 6th day of March, 2006. ___________________________________ Mayor Town of Trophy Club, Texas ATTEST: _______________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Cooperative Working Agreement This is to certify that the objectives of the grant application submitted to the Criminal Justice Division of the Office of the Governor have been reviewed and that it is mutually agreed to cooperate to whatever extent is necessary in carrying out the objectives described in this application. In addition, if the outside organization has personnel assigned to the grant-funded project, that agency certifies that it is cognizant of the rules and regulations governing the operation of the grant and agrees to abide by any and all such rules or special conditions relating to the application. Part I: Applicant Organization TROPHY CLUB POLICE DEPARTMENT SCHOOL RESOURCE OFFICER Applicant's Organization Project Title Nick Sanders, Mayor, Town of Trophy Club, Texas Printed Name and Title of Applicant's Authorized Official Signature of the Applicant's Authorized Official Date Part II: Outside Organization Northwest Independent School District SCHOOL RESOURCE OFFICER Outside Organization Project Title Printed Name and Title of Outside Organization's Authorized Official Signature of the Outside Organization's Authorized Official Date COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.D.11 Consent Agenda: Discuss and take appropriate approving an agreement authorizing the use at least one accessible voting system in each polling place used in a Texas election on or after January 1, 2006, as required by the Help America Vote Act of 2001. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Resolution TOWN OF TROPHY CLUB RESOLUTION NO. 2006- THE TOWN OF TROPHY CLUB FINDS AS FOLLOWS: Section 61.012 of the Texas Election Code requires that Disabled Access Unit (DAU) must provide at least one accessible voting system in each polling place used in a Texas election on or after January 1, 2006. This system must comply with state and federal laws setting the requirements for voting systems that permit voters with physical disabilities to cast a secret ballot. The Office of the Texas Secretary of State has certified that the DAU provided by Denton County is an accessible voting system that may legally be used in Texas elections. Sections 123.032 and 123.035 of the Texas Election Code authorize the acquisition of voting systems by local political subdivisions and further mandate certain minimum requirements for contracts relating to the acquisition of such voting systems. THE TOWN OF TROPHY CLUB HEREBY RESOLVES: As chief elections officer of the Town of Trophy Club, the Town Secretary shall provide at least one DAU in each polling place in every polling location used to conduct any election ordered on or after January 1, 2006. The DAU may be acquired by any legal means available to the Town of Trophy Club including but not limited to lease or rental from the County of Denton or from any other legal source, as authorized or required by Sections 123.032 and 123.035, Texas Election Code. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS this 6th day of March, 2006. _________________________________ Mayor Town of Trophy Club ATTEST: ____________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: ______________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.E.1 Consultation with attorney on pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the open meetings act (§551.071 [a] & [b]): 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. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 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 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-6-2006 Subject: Agenda Item No.F.1 Adjourn.