PUBLIC NOTICE. A Meet and Greet of the City Council and Candidates for City of Oak Point Boards and Commissions

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1 PUBLIC NOTICE A Meet and Greet of the City Council and Candidates for City of Oak Point Boards and Commissions Oak Point City Hall 100 Naylor Road Oak Point, TX Monday, July 21, :30 P.M. A quorum of Oak Point City Council members may be present at the meet and greet. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact City Hall at (972) or FAX (972) for further information. CERTIFICATION: I do hereby certify that the above notice of this public meeting was posted on the designated bulletin boards at a.m. / p.m. on the 18 th day of July, Amy Bockes, City Secretary This notice was removed at a.m./p.m on the day of July, Amy Bockes, City Secretary

2 1. Call to Order, Roll Call, and Determination of Quorum. (Wohletz) 2. Pledge of Allegiance. (Wohletz) 3. Items of Community Interest (Wohletz) In accordance with Section of the Government Code, this agenda item provides an opportunity for City staff or the City Council to report information on items of community interest that is not posted on the agenda. Items of community interests may include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in Oak Point that has arisen after the posting of the agenda. 4. Public Input. (Wohletz) This agenda item provides an opportunity for citizens to address the Council on any matter that is not posted on the agenda. The Council will hear comments on specific agenda items that are listed as public hearings prior to the Council addressing those items. There is a three minute time limit for each citizen. The City Council is not permitted to take action or engage in any discussion on presentations or inquiries concerning an item not listed on the agenda. However, in accordance with Section of the Government Code, a representative of City staff or the City Council may respond with either a statement of specific factual information relating to the inquiry or a recitation of existing policy in response to the inquiry. 5. Presentation and discussion of the following reports: Meeting Agenda Regular Meeting of the Oak Point City Council Oak Point City Hall 100 Naylor Road Oak Point, Texas Monday, July 21, :00 P.M. Financial Report for June 2014 (Savage) Municipal Court Report for June 2014 (Bockes) Permits Report for June 2014 (Ellis) Department of Public Safety (DPS) Report regarding police, fire, medical, and code enforcement incidents during the month of June 2014 (Shackleford) Zoning and Development Activity Report for July 2014 (Ellis) Strategic Plan Status Report for July 2014 (Bockes) Quarterly Boards and Commissions Attendance Report (Bockes) CONSENT AGENDA All items listed under the Consent Agenda heading are considered to be non controversial and routine in nature. The Consent Agenda can be approved by the City Council with a single motion. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. Any City Council Member may remove any item from the Consent Agenda for discussion and separate action. 6. Consider and act upon the minutes for the June 16, 2014 Regular City Council meeting, July 7 and July 14, 2014 Special City Council Meetings. (Bockes) Regular Meeting of the Oak Point City Council Monday, July 21, 2014 Page 1 of 3

3 7. Consider and act upon a resolution authorizing the City Manager to execute a contract with Allied Waste Systems, Inc. to provide refuse and recycling collection services within the City of Oak Point. (Bockes) REGULAR AGENDA 8. Discuss and act upon a resolution approving a Boundary and Extraterritorial Jurisdiction Adjustment Agreement between the municipalities of Little Elm and Oak Point regarding the modification of extraterritorial jurisdiction and municipal boundaries shared by the Town of Little Elm and the City of Oak Point in the vicinity of 1) the intersection of Cottonwood Trail and FM 720 and 2) west of Hill Lane and authorizing the City Manager to execute the Agreement. (Bockes) 9. Discuss and act upon a resolution authorizing the City Manager to execute an agreement to sell the City s wastewater system and Sewer Certificate of Convenience and Necessity No to the Mustang Special Utility District subject to Oak Point voter approval. (Bockes) 10. Discuss and provide direction to staff on salary studies (administration, public works and public safety), including TMRS changes and insurance rates, and any adjustments proposed to the budget for the July 28, 2014 Budget Workshop. (Savage/Shackleford) 11. Discuss and provide direction to City staff regarding topics for the Fall 2014 edition of The Country Place Bulletin. (Bockes) CLOSED SESSION 12. Recess into Closed Session in compliance with Section et. seq. Texas Government Code, to wit, Section (Personnel Matters) to deliberate appointments to the Planning & Zoning Commission, Economic Development Corporation, Municipal Development District Board, Board of Adjustment and/or the Parks and Recreation Commission. (Wohletz) 13. Reconvene into Regular Session. (Wohletz) REGULAR AGENDA 14. Consider and act upon appointments to the Planning & Zoning Commission, Economic Development Corporation, Municipal Development District Board, Board of Adjustment and/or the Parks and Recreation Commission. (Bockes) 15. Consider and act upon topics to be scheduled for a future City Council meeting. (Wohletz) The City Council is not permitted to take action on or engage in any discussion regarding an item not listed on the agenda. However, this agenda item provides an opportunity for any member of the City Council to propose that a topic be scheduled for a future meeting. Upon an item being proposed for discussion, the City Council will vote to determine its collective desire to schedule the item for discussion and/or action at a future meeting. A majority vote of the City Council is required to schedule an item for discussion and/or action at a future meeting. 16. Adjournment. (Wohletz) Regular Meeting of the Oak Point City Council Monday, July 21, 2014 Page 2 of 3

4 The City Council of the City of Oak Point, Texas, reserves the right to meet in a Closed Session on any item listed on this Agenda should the need arise, pursuant to authorization by Texas Government Code, Sections (consultation with attorney), (deliberations about real property), (deliberations about gifts and donations), (personnel matters), (deliberations about security devices), (economic development), (homeland security). This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact City Hall at or by FAX at for further information. CERTIFICATION: I do hereby certify that the above notice of this public meeting was posted on the designated bulletin boards at a.m. / p.m. on the 18 th day of July, Amy Bockes, City Secretary This notice was removed at a.m. / p.m. on the day of July, Amy Bockes, City Secretary Regular Meeting of the Oak Point City Council Monday, July 21, 2014 Page 3 of 3

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31 Monthly Court Report June 2014 June 2014 May 2014 Apr 2014 Mar 2014 Feb 2014 Jan 2014 Dec 2013 Nov 2013 Oct 2013 Sep 2013 Aug 2013 July 2013 June 2013 New Cases Filed Traffic (non parking) Traffic (parking) Non Traffic (state law) Non Traffic (penal code) Non Traffic (city ord) Compliance Dismissals Cases Dismissed: After Driver Safety Course After Deferred Disposition After Proof of Insurance Total Cases Pending Active Cases Pending Inactive Cases (Warrants) Total Cases Disposed Fines Kept by City $ $ $ $ $ $ $ $ $ $ $ $ $ Remitted to State $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ $ $ $ $ $ $ $ $ $

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37 Zoning and Development Activity Report July 2014 Type of Plan Project Name Location City or ETJ Number of Lots Homebuilders (if applicable) P & Z Approval? Plats and Site Plans City Council Approval? Preconstruction Meeting Conducted? Construction Status Final Plat Cross Oak Ranch, Phase 2, Tract 1B West side of FM 720 at Sierra Drive ETJ 69 Lennar Homes Yes Yes Yes Complete Homes under construction. Final Plat Cross Oak Ranch, Phase 2, Tract 1C West of FM 720 north of the main entrance to Cross Oak Ranch ETJ 72 Lennar Homes Yes Yes Yes Complete Homes under construction. Final Plat Cross Oak Ranch, Phase 2, Tract 7A Southwest of the Cross Oak Elementary School ETJ 93 Lennar Homes Yes Yes Yes Under construction Final Plat Cross Oak Ranch, Phase 2, Tract 7B Between Naylor Road and Cross Oak Ranch, Phase 2, Tract 7A ETJ 68 Lennar Homes Yes Yes Yes Under construction Final Plat Cross Oak Ranch, Phase 3, Tract 9A Middle portion of Cross Oak Ranch ETJ 91 DR Horton Yes Yes Yes Complete Homes under construction. Final Plat Cross Oak Ranch, Phase 3, Tract 9B Middle portion of Cross Oak Ranch ETJ 61 DR Horton Yes Yes Yes Under construction Final Plat Cross Oak Ranch, Phase 3, Tract 10A North side of Martop Road between Longhorn Drive and the LDS church ETJ 89 DR Horton Yes Yes No Not started The plat was approved by the Planning & Zoning Commission on June 3 and is scheduled for action by the City Council on June 16. Civil engineering plans are under review. Final Plat Cross Oak Ranch, Phase 3, Tract 10B North of Cross Oak Ranch, Phase 3, Tract 10A ETJ 79 DR Horton Yes Yes No Not started The plat was approved by the Planning & Zoning Commission on June 3 and is scheduled for action by the City Council on June 16. Civil engineering plans are under review. Final Plat Cross Oak Ranch, Phase 3, Tract 12 Northeast corner of Martop Road and Naylor Road ETJ 83 Bloomfield Homes Yes Yes Yes Complete Homes under construction. Final Plat Cross Oak Ranch, Phase 3, Tract 13 Northeast corner of Martop Road and Naylor Road ETJ 67 Bloomfield Homes Yes Yes Yes Under construction Final Plat Cross Oak Ranch, Phase 3, Tract 14 Northeast corner of Martop Road and Naylor Road ETJ 81 Bloomfield Homes Yes Yes No Not started Construction likely to begin after Tract 13 is complete Final Plat The Gates of Waters Edge Phase 2 North of the Gates of Waters Edge Phase 1 located at the City 30 Unknown Yes Yes Yes Under northwest corner of Waters Edge Way and Dickson Lane construction Final Plat The Gates of Waters Edge Phase 3 East of the Gates of Waters Edge Phase 2 City 12 Unknown Yes Yes Yes Under construction Final Plat Wellington Trace Phase 2 West side of Hill Lane south of FM 720 ETJ 62 Bloomfield Homes Yes Yes Yes Under construction Preliminary Wildridge Phases 1 3 (formerly North side of Shahan Prairie Road approximately 1,300 feet east ETJ 384 Unknown Yes Yes N/A N/A Plat Timberlake) of FM 720 Final Plat Wildridge Phase 1 (formerly North side of Shahan Prairie Road approximately 1,300 feet east ETJ 172 Unknown Yes Yes Yes Under Landscaping plan and civil engineering plans have been Timberlake) of FM 720 (7/17/14) construction approved by City staff and City Engineer. Construction Plans Shahan Prairie Road (between FM 720 and the eastern boundary of the Oak Point Elementary School Between FM 720 and the eastern boundary of the Oak Point Elementary School City / ETJ N/A N/A N/A No Not started This project involves constructing a four lane divided concrete section of road near the FM 720 intersection and then transitioning to a two lane concrete section to the eastern boundary of the school. City 55 Holiday Builders Yes Yes Yes Complete Homes under construction. Megatel Homes Final Plat Woodridge Estates Phase 2 Southeast corner of FM 720 (Oak Grove Parkway) and Martingale Trail Final Plat Woodridge Estates Phase 3 East side of FM 720 south of Shahan Prairie Road City 62 Unknown Yes Yes No Not started Approval of the plat is contingent upon approval of civil engineering plans by City staff and City Engineer. Other July 2014 Zoning and Development Activity Report Page 1 of 2

38 Final Plat Woodridge Estates Phase 4 East side of FM 720 south of Shahan Prairie Road City 49 Unknown Yes Yes No Not started Approval of the plat is contingent upon approval of civil engineering plans by City staff and City Engineer. Final Plat Woodridge Estates Phase 5 East side of FM 720, north of Martingale Trail City 4 Unknown No No No Under Review P&Z to consider 8/5/14; City Council to consider 8/18/14 Site Plan and Replat Iglesia De Dios Eben Ezer Church Northeast corner of Naylor Road and McCormick Road City 1 N/A Yes Yes N/A Under construction Preliminary Cross Oak Ranch, Phase 3, Tract 15 Northwest corner of Martop Road and FM 720 ETJ 55 Bloomfield Homes Yes Yes N/A N/A Plat Pending Zoning and Special Use Permit (SUP) Requests Type Request Location P & Z City Council Approval Approval Status SUP Daycare/preschool center 1.97 acres located on the south side of Shahan Prairie Road approximately 1,800 feet east of F.M. Yes Yes SUP request approved by the Planning & Zoning Commission and City Council. 720/Oak Grove Parkway (more commonly known as 301 Shahan Prairie Road) SUP Accessory building in front yard 281 Waters Edge Way (Block A, Lot 9 of The Gates at Waters Edge) Yes Yes SUP request approved by the Planning & Zoning Commission and City Council. Zoning PD Community Commercial Northwest corner of Martop Road and FM 720/Oak Grove Parkway Yes Yes Zoning request approved by the Planning & Zoning Commission and City Council. Zoning RE 5 to PD 13 R4X Approximately 10.0 acres located on the north side of Shahan Prairie Road approximately 1,700 feet Yes Yes City Council approved June 16, 2014 east of F.M. 720 (Oak Grove Parkway) Zoning Amend PD 3 (Hunter s Ridge) Lot acres. Amend PD to allow for commercial stable/arena with caretakers quarters No No Public Hearings scheduled for P&Z 8/5/14; CC 8/18/14 Denton ISD Property Project Name Dowdall Commercial Property Miller Commercial Property Prestonwood Polo Property Rudman Property Wildridge (formerly Timberlake) Location Approximately 145 acres west of FM 720 (Oak Grove Parkway) between Martop Road and McCormick Road Approximately 10 acres at the southeast corner of FM 720 (Oak Grove Parkway) and Shahan Prairie Road Approximately 10 acres at the southwest corner of FM 720 (Oak Grove Parkway) and McCormick Road Approximately 97 acres at the southeast corner of Martingale Trail and Yacht Club Road Approximately 127 acres at the northeast corner of FM 720/Oak Grove Parkway and Shahan Prairie Road Approximately 327 acres on the north side of Shahan Prairie Road east of FM 720 (City of Oak Point and Oak Point ETJ) Other Pending Projects Status The Denton ISD has decided to construct their next high school at the intersection of US 380 and Navo Road. The Denton ISD has indicated that this property may still be used as a site for a middle school. Zoning was approved in September Owner is in marketing stage. Zoning was approved in March Owner is in marketing stage. Zoning for 24 single family lots and polo fields was approved in July At a recent joint work meeting of the EDC and Planning & Zoning Commission, the owner presented a proposed development plan showing 17 single family lots, 900 residential units, and 20,000 square feet of retail space. The proposed plan did not receive the support of the EDC and Planning & Zoning Commission, but many members of the EDC and Planning & Zoning Commission thanked Mr. Miller for his enthusiastic approach to development and encouraged him to consider refining and resubmitting his plan for future discussion. Zoning was approved in September Zoning approved for 114 acres and development agreement approved for 213 acres in September Preliminary plat of approximately 117 acres in the Oak Point ETJ was approved by the Planning & Zoning Commission and City Council. A final plat for 172 lots in Phase 1 and plans to reconstruct Shahan Prairie Road have been submitted to the City (see above). Crescent Oaks, Lot 615 NWC Torero Trail & Maverick Trail Variance request. Under Review. Date of Board of Adjustment meeting to be announced. July 2014 Zoning and Development Activity Report Page 2 of 2

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73 To: From: Mayor and City Council Amy Bockes, Interim City Manager Re: City Council Meeting July 21, 2014 Date: July 18, 2014 Agenda Item: Consider and act upon a resolution authorizing the City Manager to execute an automatcic renewal of the contract with Allied Waste Systems, Inc. to provide refuse and recycling collection services within the City of Oak Point. Description of Agenda Item: On October 7, 2002, the City of Oak Point granted a franchise to Allied Waste Services (formerly Trinity Waste Services) to provide refuse and recycling collection services within the City of Oak Point. The City of Oak Point has twice extended the franchise agreement with Allied Waste for additional three year terms (in June 2005 and May 2008). With the contract scheduled to expire on October 1, 2014, the City can automatically extend the franchise agreement for another three year period or initiate the process to competitively bid for refuse and recycling collection services. To assist the City Council in determining whether or not to automatically renew the contract with Allied Waste or to initiate competitive bidding procedures, City staff compiled the following list of trash and recycling rates by reviewing the websites of several area cities. Monthly Rates for Residential Trash and Recycling Collection* City Standard Rate Senior Citizen Rate Additional Cart Total of Standard Rate + Addl Cart Carrollton $16.63 $7.05 $23.68 Denton $26.00 $16.35 $42.35 Frisco $11.50 $9.50 $8.50 $20.00 Krugerville $20.15 Lakewood Village currently negotiating a new contract with Allied Waste Little Elm $16.78 $6.59 $23.37 Prosper $12.78** $4.72 $17.50 The Colony $15.78 $7.60 $23.38 Oak Point (current) $14.03 $12.63 $3.74 $17.77 Oak Point (proposed) $15.50 $13.00 $6.00 $21.50 *Collection frequency varies from city to city / Rates do not include sales tax **Includes variable fuel surcharge Agenda Item No. 7 Page 1 of 2

74 Allied Waste s current contract allows Allied Waste to request rate adjustments no more than once every 12 months to reflect changes in the cost of operations. Most recently, Allied Waste requested a 4.13% increase in October 2011 resulting in a 55 cent per month increase per residential customer and a 2.0% increase in October 2012 resulting in a 27 cent per month increase per residential customer. Allied Waste wishes to continue providing its services to Oak Point. However, they are proposing to increase their rates from $14.03 to $15.50 per customer per month. Even with this increase, the proposed rates generally remain competitive with the rates charged by other cities. It should also be noted that the proposed increase for the senior citizen rate ($12.63 to $13.00) is not as significant as the increase associated with the standard rate. Besides comparing Allied Waste s rates to the trash and recycling rates of other cities, City staff believes that the level of service provided by Allied Waste should also be evaluated. City staff rarely receives complaints regarding the service provided by Allied Waste. Allied Waste has been quick to respond to customer concerns that have been brought to the attention of City staff and quick to respond to any services requests or inquiries by City staff. The City Council may also wish to consider some of the staffing problems currently being experienced by other solid waste collection companies. Because the rate proposed by Allied Waste remains competitive with the rates of other area cities and Allied Waste has been very responsive to services requests or inquiries, City staff recommends that the City Council exercise the option to extend the franchise for an additional three year term. Budget Impact: Per the contract with Allied Waste, the City receives a franchise fee of 15% of all amounts received by Allied for refuse and recycling collection services provided in Oak Point. Legal Obligations and Review: As noted above, the terms of both the current and proposed contract allow Allied Waste to request rate adjustments no more than once every 12 months to reflect changes in the cost of operations (see Section of the contract). Attached Documents: Resolution with Contract for Refuse and Recycling Collection. Board, Committee and/or Staff Recommendation: City staff recommends that the City Council authorize the requested rate increase by approving the resolution authorizing the City Manager to execute a contract extension with Allied Waste Systems, Inc. to continue providing refuse and recycling collection services within the City of Oak Point. Agenda Item No. 7 Page 2 of 2

75 CITY OF OAK POINT, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF OAK POINT, TEXAS, TO EXECUTE A CONTRACT WITH ALLIED WASTE SYSTEMS, INC. TO PROVIDE REFUSE AND RECYCLING COLLECTION SERVICES WITHIN THE CITY OF OAK POINT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, a contract, attached hereto, with Allied Waste Systems, Inc. to provide refuse and recycling collection services within the City of Oak Point. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 21ST DAY OF JULY, ATTEST: Jim Wohletz, Mayor Amy Bockes, City Secretary

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79 To: From: Mayor and City Council Amy Bockes, Interim City Manager Re: City Council Meeting July 21, 2014 Date: July 18, 2014 Agenda Item: Discuss and act upon a resolution approving a Boundary and Extraterritorial Jurisdiction Adjustment Agreement between the municipalities of Little Elm and Oak Point regarding the modification of extraterritorial jurisdiction and municipal boundaries shared by the Town of Little Elm and the City of Oak Point in the vicinity of 1) the intersection of Cottonwood Trail and FM 720 and 2) west of Hill Lane and authorizing the City Manager to execute the Agreement. Description of Agenda Item: The boundaries of the City of Oak Point s city limits and extraterritorial jurisdiction (ETJ) have proximity to the city limits and ETJ of the Town of Crossroads, the Town of Little Elm, and the Town of Lakewood Village. Cities occasionally enter into agreements to adjust the boundaries of their city limits and ETJs. In recent years, the Oak Point City Council has approved ordinances to adjust boundaries between Oak Point and Little Elm near the intersection of F.M. 720 and Hill Road and to adjust the ETJ boundaries of Oak Point and Lakewood Village. Hilltown is a neighborhood that is located within a variety of jurisdictions. A small portion of Hilltown, located near the intersection of FM 720 and Cottonwood Trail, is located within the City of Oak Point. Accordingly, the City of Oak Point provides police, fire, EMS, septic/building/code inspections, street maintenance, and other municipal services to this area. Another small area located near F.M. 720 as it intersects with Edgewood Place, Crestwood Place, and Greenwood Drive is located within the Little Elm town limits. The Town of Little Elm provides municipal services to this area. However, a majority of the Hilltown neighborhood is located in an unincorporated area of Denton County with a portion of the area being in Oak Point s ETJ and a portion of the area being located in Little Elm s ETJ. Because the roads located within the unincorporated portion of Hilltown are located within street easements and were never dedicated to or accepted by Denton County, Denton County does not maintain the roads. During the past year, representatives from Oak Point, Little Elm, Denton County, the Little Elm ISD, and the Hilltown Partnership (an advocacy group initiated by the Oak Grove United Agenda Item No. 8 Page 1 of 6

80 Methodist Church) have discussed the challenges encountered by Little Elm ISD school buses when picking up and dropping off students at the bus stop in Hilltown. Due to difficulties of driving a school bus on the deteriorated streets in Hilltown, the Little Elm ISD uses only a single bus stop for the entire Hilltown neighborhood. The bus stop is located in the Oak Point portion of Hilltown near the entrance of Hilltown at the intersection of Cottonwood Trail and Post Oak Lane. The single bus stop results in a large number of parents parking their vehicles as close as possible to the intersection and the bus which then results in poor visibility at the intersection. Last spring, the City installed No Stopping, Standing, and Parking signs on all streets in advance of the intersection. This solution helps to improve visibility during drop off and pick up times, but it does not remedy the primary problem the poor condition of the streets and the inability of a bus to circulate through Hilltown as a bus would in a typical neighborhood. To improve this situation, the Town of Little Elm and Denton County have tentatively agreed to fund the reconstruction of Cottonwood Trail between F.M. 720 and Post Oak Lane, Post Oak Lane from Cottonwood Trail south to a new street extension to F.M. 720, and a new street extension from Post Oak Lane to F.M By improving these roads, a loop can be created to allow buses to efficiently and safely pickup and drop off children at a bus stop without requiring the buses to backup and turnaround. Little Elm is also in the process of improving Edgewood Place, Crestwood Place, and Greenwood Drive so that a second loop will provide the Little Elm ISD with the option of establishing a second bus stop. In exchange for making the improvements to the northern loop, Little Elm is requesting that the City of Oak Point convey the jurisdiction of the adjacent areas (see Areas 2 and 5 on the attached map) to Little Elm. Provided that Oak Point agrees to convey this area to Little Elm, Little Elm also plans to extend water and sewer services to the properties within this area when the street is constructed. Representatives from Oak Point and Little Elm have also discussed the idea of swapping all or portions of Oak Point s jurisdiction in Hilltown (see Areas 3A and 3B) for a portion of Little Elm s ETJ west of Hill Lane between Wellington Trace and Dickson Lane (see Area 1) so that the jurisdiction of these areas is more consistent. Should Oak Point release its entire jurisdiction in Hilltown to Little Elm, Oak Point will no longer provide municipal services to Hilltown. Instead, Little Elm will be obligated to provide City services to the incorporated areas. As a home rule municipality, Little Elm also has the ability to immediately extend their nuisance abatement ordinances to the unincorporated properties located within 5,000 feet of their Town limits. Since Little Elm is committed to partnering with Denton County to construct the road improvements that will provide a more efficient and safe bus route and Little Elm appears willing to assume complete jurisdiction of Hilltown, City staff recommends that the City Council direct City staff to work with Little Elm to prepare an agreement that will release Oak Point s jurisdiction in Hilltown to Little Elm provided Little Elm commits to constructing the above referenced road improvements. Budget Impact: Approximately acres in Hilltown are located within the City of Oak Point. According to the 2013 tax roll, the total taxable assessed value of these properties is $3,240,175 resulting in $18,566 of property tax to the City on an annual basis based on the City s current tax rate of $0.573 per $100 of assessed value. If Oak Point were to convey this area to Little Elm, the City s Agenda Item No. 8 Page 2 of 6

81 property tax revenue would be reduced by this amount. However, the City would no longer incur the expense of providing City services to these properties. Should the City consider releasing only the small 8.35 acre area of Oak Point jurisdiction located along Post Oak Lane north of Cottonwood Trail (see Area 2) containing nine lots on approximately 8.35 acres, the loss in property tax revenue would be reduced to $1,126 based on total taxable assessed values of $196,505 and the City s current tax rate. City staff has not calculated the amount of property tax that could potentially be generated by approximately 58 acres of Hilltown located in Oak Point s ETJ and the approximately 80 acres of Little Elm ETJ located west of Hill Lane, but City staff will do so if the City Council feels that these numbers are needed to evaluate this matter. Legal Obligations and Review: Any changes in boundaries will be done so by ordinance or agreement in accordance with the Local Government Code. Attached Documents: 1. Resolution with Agreement 2. Exhibits showing Oak Point and Little Elm city limits and ETJ boundaries 3. Proposed street and utility improvements Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the resolution approving the Boundary and Extraterritorial Jurisdiction Adjustment Agreement between the municipalities of Little Elm and Oak Point regarding the modification of extraterritorial jurisdiction and municipal boundaries shared by the Town of Little Elm and the City of Oak Point in the vicinity of 1) the intersection of Cottonwood Trail and FM 720 and 2) west of Hill Lane and authorizing the City Manager to execute the Agreement. Alternative(s): The City could decline to enter into the Agreement and not release any of its jurisdiction in Hilltown. However, this approach is not likely to facilitate the reconstruction of Cottonwood Trail between F.M. 720 and Post Oak Lane, Post Oak Lane from Cottonwood Trail south to a new street extension to FM 720; and a new street extension from Post Oak Lane to F.M Agenda Item No. 8 Page 3 of 6

82 Agenda Item No. 8 Page 4 of 6

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84 Agenda Item No. 8 Page 6 of 6

85 CITY OF OAK POINT, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY APPROVE A BOUNDARY AND EXTRATERRITORIAL JURISDICTION ADJUSTMENT AGREEMENT BETWEEN THE MUNICIPALITIES OF LITTLE ELM AND OAK POINT REGARDING THE MODIFICATION OF EXTRATERRITORIAL JURISDICTION AND MUNICIPAL COUNDARIES SHARED BY THE TOWN OF LITTLE ELM AND THE CITY OF OAK POINT IN THE VICINITY OF 1) THE INTERSECTION OF COTTONWOOD TRAIL AND FMR 720 AND 2) WEST OF HILL LANE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, an agreement to adjust the boundary and extraterritorial jurisdiction between the municipalities of Little Elm and Oak Point regarding the modification of extraterritorial jurisdiction and municipal boundaries shared by the Town of Little Elm and the City of Oak Point in the vicinity of 1) the intersection of Cottonwood Trail and FM 720 and 2) west of Hill Lane. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 21 ST DAY OF JULY, ATTEST: Jim Wohletz, Mayor Amy Bockes, City Secretary

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102 To: From: Mayor and City Council Amy Bockes, Interim City Manager Re: City Council Meeting July 21, 2014 Date: July 18, 2014 Agenda Item: Discuss and act upon a resolution authorizing the City Manager to execute an agreement to sell the City s wastewater system and Sewer Certificate of Convenience and Necessity No to the Mustang Special Utility District subject to voter approval. Description of Agenda Item: While most homeowners in the Oak Point area treat their wastewater with on site septic facilities, wastewater generated by three residential subdivisions (Woodridge Estates, Wellington Trace, and the Gates of Waters Edge) is collected by a system owned and operated by the City of Oak Point and treated at a centralized wastewater treatment plant owned and operated by the Upper Trinity Regional Water District (UTRWD). The wastewater collection system operated by the City of Oak Point currently has approximately 220 customers. Monthly wastewater rates are currently $59 for Oak Point residents and $73.75/month for non residents and will be increased to $63.20/month and $79.00 per month respectively in October. In comparison, rates of other area cities include $37.13/month in Frisco and $39.75/month in Denton for 8,000 gallons of wastewater. Mustang Special Utility District s current rates for residential customers are $35.50 for up to 8,000 gallons and $39.50 per month for 8,000 gallons or more. Small utility systems usually have higher monthly service charges because there are no economies of scale. In Oak Point s case, the system is very small and there is also no water department to assist with the cost of the wastewater operations. City staff feels that the City should be committed to delivering quality services to taxpayers, residents, and visitors in the most economical and efficient means possible. For this reason, City staff has been exploring the idea of selling the City s Sewer Certificate of Convenience and Necessity (CCN) and wastewater collection system to Mustang because the sale will result in reduced wastewater rates for Oak Point residents. (A CCN is a permit issued by the State authorizing and requiring a utility provider to provide continuous and adequate service to each customer who requests service in a specified area.) Agenda Item No. 9 Page 1 of 4

103 Besides lowering wastewater rates, City staff believes other aspects of the sale have merit. First, because Mustang SUD s sole purpose is to provide water and wastewater service to their customers, Mustang is better equipped to maintain and repair a wastewater system than Oak Point. Next, a majority of homeowners in Oak Point are Mustang water customers and most undeveloped properties are located in Mustang s service area, so it would be an added convenience for these citizens to receive both water and wastewater service and bills from a single entity. In discussing the matter with the City s attorney, the City s attorney noted that some cities use utilities as a tool to expand their boundaries. While he indicated that he would normally caution against the potential sale of a system because cities can use utilities as a tool to expand municipal boundaries, the use of utilities to expand the City limits is not an issue for Oak Point as Oak Point s boundaries are well defined, Oak Point does not control water, and there are limited expansion opportunities for the sewer. In general, the City s attorney indicated that the idea to explore the sale has merit with little downside risk. One of the few negatives in conveying the system to Mustang is that the City of Oak Point would lose control over rate making and system expansion. However, Mustang s rates are currently much lower than Oak Point s rates and Mustang s system expansion procedures are very similar to Oak Point s. Another negative is that conveying the system to Mustang would restrict the City from offering to reduce a business sewer rates as an economic development incentive. However, a variety of other economic development incentives remain available to the City and its EDC. Because City staff feels that the City will benefit by selling the wastewater system to Mustang SUD, City staff has been working with the Mustang s General Manager to prepare the attached agreement. The terms and obligations of the agreement include: Compensation for the sale of the CCN and lease and/or sale of the system will be paid by Mustang to Oak Point as builders located within the Wildridge and the Shahan Lakeview projects pay connection fees to Mustang. The payment to Oak Point will be $400 per lot. While the total compensation will likely be somewhat less, the total compensation will reach $586,800 if the maximum number of lots currently allowed to be developed within these projects are developed; Mustang to pay a 5% franchise fee for use of City right of way; Mustang will assume all contractual obligations (capital and treatment costs) with UTRWD; Mustang is to reserve capacity currently owned by City of Oak Point and other parties; Mustang and Oak Point will share the cost of preparing sale agreements and transfer documents; and Mustang and Oak Point agreeing to jointly process the conveyance of the nondeveloped portions of the CCN to Mustang upon execution of the agreement. Because Section of the Texas Government Code prohibits a municipality from selling a utility system, park, or pool unless authorized by a majority vote of the qualified voters of the municipality, the agreement states that Oak Point will call an election for May 2015 to consider Agenda Item No. 9 Page 2 of 4

104 authorizing the sale of the wastewater system to Mustang. Provided that voters approve the sale of the wastewater system, the City and Mustang SUD will process the necessary paperwork through TCEQ that is required to convey the system to Mustang SUD. Once Mustang SUD assumes operation and maintenance of the system, the rates will be reduced to be equal to Mustang s system wide rates. If the sale of the system is not approved, the agreement obligates Oak Point to enter into a long term lease with Mustang SUD in which Mustang SUD will operate and maintain the wastewater system. Budget Impact: Cities should generally operate Water and Sewer Funds as not for profit enterprises meaning that that water and sewer rates should be structured so they are equal to the amount it costs a city to provide water and sewer services. In the past, the City has prepared wastewater rate studies to insure that its rates were structured so that the Wastewater Fund is an independent enterprise without being subsidized by the General Fund and vice versa. While water and sewer rates should not be structured to generate a profit and water and sewer revenue should be used exclusively for water and sewer projects, some cities use revenue from the General Fund to assist with expansions or repairs to their water and/or sewer systems. The sale of the City s wastewater collection system would relieve the City of future obligations to expand or repair the system. However, the City will not lose the opportunity to propose helping Mustang fund system improvements or expansions if it chose to do so. As noted above, approval of the agreement and voter approval of the system sale will result in reduced rates for current Oak Point wastewater customers. In addition, the City could collect up to $586,800 as compensation for the sale. Legal Obligations and Review: The City Attorney has reviewed the attached agreement. Attached Documents: 1. Map of Sewer Certificate of Convenience and Necessity No Resolution with agreement Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the resolution authorizing the City Manager to execute an agreement to sell the City s wastewater system and Certificate of Convenience and Necessity for sewer service to the Mustang Special Utility District subject to voter approval. Alternative(s): Should the City Council not enter into the attached agreement, the City will continue to own and operate its wastewater system. However, as the CCN holder, the City will be obligated to Agenda Item No. 9 Page 3 of 4

105 provide continuous and adequate service to each customer who requests service in a specified area and may find itself in a position that it will need to issue debt to expand the wastewater system to developing properties. Agenda Item No. 9 Page 4 of 4

106 CITY OF OAK POINT, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF OAK POINT, TEXAS, TO EXECUTE AN AGREEMENT TO SELL THE CITY S WASTEWATER SYSTEM AND SEWER CERTIFICATE OF CONVENIENCE AND NECESSITY NO TO THE MUSTANG SPECIAL UTILITY DISTRICT SUBJECT TO OAK POINT VOTER APPROVAL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, an agreement to sell the City s wastewater system and Sewer Certificate of Convenience and Necessity No to the Mustang Special Utility District subject to Oak Point voter approval. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 21 ST DAY OF JULY, ATTEST: Jim Wohletz, Mayor Amy Bockes, City Secretary

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130 To: From: Mayor and City Council Michael Shackleford, Director of Public Safety Re: City Council Meeting July 21, 2014 Date: July 18, 2014 Agenda Item: Presentation of DPS Salary and TMRS Report. Description of Agenda Item: The issues of low salaries, 25 year retirement, low growth rate within the city and department as well as other both internally and externally manufactured issues have hampered both recruiting ability and morale of the DPS over the past 36 months. Previous requests for salary adjustments to DPS starting salaries and TMRS adjustments had been made to the city manager but just as with the current proposed budget it was not presented to council by him. With an from the Northeast Police Department saying they proposed raising their salaries to 48, per year in the next budget year I believe that the city must do something. While it is true the city does not at this time run its own ambulance service nor does it require its EMS employees to be certified at the paramedic level, I believe that the starting salary has severely hampered our ability to attract competent employees. The attached reports are provided to assist council in determining their desire to fund a salary adjustment to the starting pay of DPS employees. The attached reports include most cities within Denton County as well as some area cities. Cities with only a small portion which protrudes into Denton County and not within our area, such as Dallas, Fort Worth or Plano are not listed. All documents are based on figures taken from city websites, advertised job openings, or information obtained from the cities directly. All supporting documents for this report are in the office of the Director of Public Safety and will be available to councilmembers upon their request. Documents regarding the city s obligations in TMRS have come from the TMRS website and from items provided by the city s finance office. Budget Impact: Salary Adjustments Current Year Budget: None 2014/2015 Budget: I am currently requesting a starting salary adjustment of 7, to fire and 6, to police. Total impact to the proposed budget will be 34, if fully funded. As is evident by the spreadsheets attached even with the increase our employees will remain in Agenda Item No. 10 Page 1 of 2

131 the bottom half of cities surveyed, but I believe we must start somewhere. If the city chose to raise the starting pay of both positions to the median of cities surveyed it would be an additional 10, per firefighter and an additional 1, per police officer. These are adjustments to starting pay only. Employees currently making above the starting pay amount will receive the proposed 3% increase. TMRS Current Budget Year: None 2014/2015 Budget: According to figures provided to me by the Finance Manager, Grant Savage, to implement 20 year retirement from 25 year retirement will increase the city TMRS expense 10, or roughly 1%. As noted on page 3 of the attached spreadsheet there are only 3 other cities in Denton County which still have 25 year retirement with all other TMRS cities being 20 year. According to Finance the total rate of contribution fluctuates from year to year and is set by TMRS. Legal Obligations and Review: No legal review is required. Attached Documents: Salary Survey Fire Departments Salary Survey Police Departments Survey of TMRS benefits for area cities TMRS Impact Estimates Staff Recommendation: In an effort to keep quality existing city employees and attract qualified applicants DPS staff recommends that the city implement both the raise to starting salaries and 20 year retirement. Agenda Item No. 10 Page 2 of 2

132 Salary comparison sorted by fire department starting salaries City Starting Retirement Population Lewisville 1 $54, year 2:1 7% Denton $54, Year 2:1 7% Carrollton $53, year 2:1 7% The Colony $51, year 2:1 7% Highland Village $51, year 2:1 7% Frisco $49, year 2:1 7% McKinney $49, year 2:1 7% Little Elm 2 $49, year 2:1 7% Prosper $48, Year 2:1 7% Trophy Club $47, Year 2:01 7% 8560 Celina $47, Year 2:1 7% 6260 Corinth $45, year 2:1 7% Argyle $43, Year 2:1 7% 3612 Krum $41, Year 2:1 6% 4485 Justin $40, Year 1:1 5% 3429 Aubrey 3 $34, Year 1.5:1 7% 2867 Pilot Point $34, year 2:1 5% 5047 Sanger 4 $33, Year 2:01 6% 7950 Oak Point $29, year 2:1 7% 3475 Median Starting Salary $47,705 Salaries listed are for certified firefighters not recruits All fire salaries quoted are for paramedic unless noted below. 1 Lewisville +150 per month for paramedic 2 Little Elm Paramedic Starting pay 51, Aubrey Paramedics 40, Sanger has available from determined on a individual basis

133 City Starting PD Retirement Population Carrollton $56, year 2:1 7% Lewisville $55, year 2:1 7% Bartonville $53, Year 2:1 7% 1590 Denton $53, Year 2:1 7% McKinney $52, year 2:1 7% Frisco $52, year 2:1 7% Highland Village $50, year 2:1 7% The Colony $49, year 2:1 7% Corinth $49, year 2:1 7% Prosper $48, Year 2:1 7% Little Elm $48, year 2:1 7% Celina $47, Year 2:1 7% 6260 Argyle $46, Year 2:1 7% 3612 Median $51,128 Trophy Club $46, Year 2:1 7% 8560 Double Oak $45, Year 1:1 5% 3349 Lake Dallas $44, year 2:1 7% 8139 Northlake $43, year 2:1 7% 2300 Northeast (Krugerville)* $43, Year 2:1 7% 2500 Hickory Creek $42, year 2:1 7% 3879 Oak Point $38, year 2:1 7% 3475 Pilot Point $38, year 2:1 5% 5047 Krum $38, Year 2:1 6% 4485 Ponder $37, year 2:1 5% 1410 Justin $36, Year 1:1 5% 3429 Aubrey $34, Year 1.5:1 7% 2867 Sanger $33, Year 2:01 6% 7950 Salary comparison sorted by Police * Proposed 48,000.00

134 $/hr Hrs/Yr Salary 3% Raise NewMinimum Raise Medicare TMRS Fire Krouskup $ $38, $39, $37, N/A N/A N/A Tatum $ $30, $31, $37, $5, $75.06 $ Wacasey $ $29, $30, $37, $6, $98.54 $ Police Payne $ $40, $41, $45, $3, $53.23 $ Roach $ $43, $44, $45, $ $6.41 $26.48 Tatu $ $40, $41, $45, $3, $53.23 $ Koller $ $39, $40, $45, $4, $69.83 $ Yates $ $41, $42, $45, $2, $37.29 $ Vacant $ $39, $40, $45, $4, $69.83 $ Total $341, $351, $381, $31, $ $1, Total Impact $34, Annually

135 TMRS Impact 25 yrs to 20 yrs Salaries Current 25 yr Proposed 20 yr Difference Admin $305, $18, $21, $3, Public Safety $628, $37, $43, $6, Public Works $108, $6, $7, $1, Wastewater $15, $ $1, $ $1,058, $63, $73, $10, Annually Annually Annually

136 Participating Member Employee Deposit Rate Municipal Current Matching Ratio Vesting Requirements Service Retirement Eligibilities Cont. Members Population Argyle 7% Yrs Bartonville 7% Yrs Carrollton 7% Yrs Copper Canyon 7% Yrs Corinth 7% Yrs Cross Roads 7% Yrs Denton 7% Yrs Double Oak 5% Yrs Flower Mound 7% Yrs Frisco 7% Yrs Hickory Creek 7% Yrs Highland Village 7% Yrs Justin 5% Yrs Krugerville 7% Yrs Krum 5% Yrs 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age

137 Lake Dallas 7% Yrs Lewisville 7% Yrs Little Elm 7% Yrs Pilot Point 5% Yrs Plano 7% Yrs Prosper 7% Yrs Roanoke 7% Yrs Sanger 6% Yrs The Colony 7% Yrs Trophy Club 7% Yrs Westlake 7% Yrs Aubrey 7% Yrs Northlake 7% Yrs Oak Point 7% Yrs Ponder 5% Yrs 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 20 Yrs/ Any Age 5 Yrs/ Age 60, 25 Yrs/ Any Age 5 Yrs/ Age 60, 25 Yrs/ Any Age 5 Yrs/ Age 60, 25 Yrs/ Any Age 5 Yrs/ Age 60, 25 Yrs/ Any Age

138 To: From: Mayor and City Council Amy Bockes, City Secretary Re: City Council Meeting July 21, 2014 Date: July 18, 2014 Agenda Item: Discuss and provide direction to City staff regarding topics for the Fall 2014 edition of The Country Place Bulletin. Description of Agenda Item: The purpose of this agenda item is to identify topics and establish the tentative schedule for the publication of the Fall 2014 edition of The Country Place Bulletin. Potential topics for the newsletter include: Front Page Council Update (Judith Camp) City Manager Report Farwell to Doug Meeting dates for City Council, Boards & Commissions Staff Bio (Katy Wacasy, DPS) History of Jake s Place and availability of park facilities Food inspection requirements Freedom Fest photos and thank you for volunteers/donations Wildridge Groundbreaking Fall Health and Safety Tips Save the Date Winter Fest Friday, December 5 Citizen of the Year information Budget highlights/calendar The anticipated schedule for the publication of the newsletter is: Action Item Date Identification of Newsletter Topics Monday, July 21 First Request for Submissions Due Friday, August 1 Final Submissions Due Thursday, August 7 Proof due to Staff/Council Friday, August 15 Agenda Item No. 11 Page 1 of 2

3. Consider and act upon minutes from the January 2, 2018 meeting of the Planning & Zoning Commission. (Bockes)

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