Agenda Packet TC 10/03/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, October 3, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 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:
EDC 4B Opening
TML Annual Meeting
Community Development:
Road Construction
Administration Building Addition
Finance:
Audit Services Update
Special Events:
Fall Festival Update
Police and Fire Services
Police Services Bureau
Fire Services Bureau
B.1 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 by Resolution to appoint one candidate to the
Planning and Zoning Commission.
D.2 Discuss and take appropriate action regarding nomination of up to five candidates to
serve as on the Board of Directors for Denton Central Appraisal District.
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D.3 Discuss and take appropriate action regarding a potential pilot program to designate a
three quarter mile section of Trophy Club Drive between Oak Hill and Meadow Creek as
one lane with a shoulder to provide traffic calming and establish an area of the road
where normal motor vehicle travel would be prohibited, but parking would be
maintained.
D.4 Discuss and receive direction regarding charging fees for the use of the pool and other
facilities.
D.5 Discuss and receive direction regarding a future amendment to Ordinance 2004-17
regulating the operation of motor assisted scooters.
D.6 Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2004-01 &
2004-09 relating to traffic and street control standards, and adopting a new Ordinance
related to traffic and street control standards, with new criteria specifically related to U-
Turns signs.
D.7 Discuss and take appropriate action regarding a Resolution approving the 2005-2006
Interlocal Agreement between the Town and Tarrant Count Hospital District d/b/a JPS
Health Network.
D.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
September 19th, 2005.
D.9 Consent Agenda - Discuss and take appropriate action to expend Court Technology
Funds in the amount of $500 for travel expenses for Court Training.
D.10 Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for resident input on
potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans of Marshall
Creek.
3. Status of street repairs and bonds, including recommendation.
4. Discussion and appropriate action for an Ordinance to approve vacant land appraisal.
5. Discussion and appropriate action to approve a Resolution authorizing an Economic
Development Agreement with Midwest Commercial Realty. October 17, 2005
6. Discussion and appropriate action by Resolution to appoint one candidate to EDC 4B.
November 7, 2005
7. Discussion and appropriate action by Resolution, casting all of its allocated votes (16)
for (candidates names) to serve as a member of the Denton Central Appraisal District
Board of Directors. November 21st, 2005
8. Discussion and appropriate action of the Town's participation in a program through the
America Supporting Americans program where Towns can adopt an armed services
unit and provide them support.
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E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2)
"Deliberation Regarding Economic Development Negotiations" and Section 551.071 (b)
"Consultation with Attorney", the Council will enter into executive session to discuss the
following:
(A) To discuss or deliberate the offer of financial or other incentives to a business
prospect that the Town seeks to have locate within the territory of the Town
pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For
Consultation with the Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act
(§551.071 (b)).
(1) Financial and other incentives for the proposed D.R. Horton/Beck
Properties mixed use development and legal advice regarding the
proposed development, zoning and platting, potential economic incentives
and contractual agreements, potential contracts for water and wastewater
services, traffic impact, ordinance requirements, and matters related to the
proposed development.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
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."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.A.4
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:
EDC 4B Opening
TML Annual Meeting
Community Development:
Road Construction
Administration Building Addition
Finance:
Audit Services Update
Special Events:
Fall Festival Update
Police and Fire Services
Police Services Bureau
Fire Services Bureau
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.B.1
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.1
Discuss and take appropriate action by Resolution to appoint one candidate to the
Planning and Zoning Commission.
EXPLANATION:
Bill Bradley has resigned from the Planning & Zoning Commission. Five applications were
received for the vacancy. Chairman Hill has interviewed each of the applicants and has provided
a written recommendation for the Town Council’s consideration.
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Information Memorandum
2. Resolution
3. Memo from Chairman Hill
4. Applications
Robert Ashby
Damian Olthoff
F. Alan Bailey
Barbara Kadow
Charles Frame
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Mr. F. E. Hill
11 Cypress Court
Trophy Club TX 76262-5543
e-mail: FEWAHILL@aol.com
817-430-4160
September 26, 2005
Mr. Mayor and Town Councilpersons:
During the week of September 18th, I received copies of 5 applications submitted to the Town
offices by citizens seeking to fill a vacancy on the Planning and Zoning Commission created by
the recent resignation of Commissioner Bill Bradley. Following receipt of the forms, each citizen
was contacted and an interview was conducted with those who had not previously applied for
appointment.
After review of the applicant’s backgrounds and the interviews, my ranking for consideration is:
• Robert Ashby
• Damian Olthoff
• F. Alan Bailey
• Barbara Kadow or Charles E. Frame
It is my recommendation that the Town Council appoint Robert (Bob) Ashby to the vacant
Planning and Zoning Commission position.
Gene Hill
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding nomination of up to five candidates
to serve as on the Board of Directors for Denton Central Appraisal District.
EXPLANATION:
Pending receipt of ballot with the list of nominees as compiled by DCAD, the Town Council is
tentatively scheduled to cast votes at the November 21st, 2005 meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. DCAD Memo
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding a potential pilot program to
designate a three quarter mile section of Trophy Club Drive between Oak Hill and
Meadow Creek as one lane with a shoulder to provide traffic calming and establish
an area of the road where normal motor vehicle travel would be prohibited, but
parking would be maintained.
EXPLANATION:
The issue of designating Trophy Club Drive and Indian Creek Drive as one lane or two lanes by
traffic marking has been discussed many times since the Town’s incorporation. In addition, the
lack of sidewalks for pedestrians to travel has also spurred passionate debate. At the request of
the Public Safety Advisory Group and with the support of the Public Works Advisory Group,
research has been conducted on the various options available to address these issues.
The research that proceeded these options included, but was not limited to studying the Pathway
Plan developed in 1998, conferring with the Town engineer, researching American Association
of State Highway and Transportation Officials (AASHTO) and Federal Highway Administration
(FHWA) guidelines for pedestrian traffic, pavement markings and traffic signage as well as
visiting other cities to see how they have addressed similar issues. In addition, staff has received
input from residents including, but not limited to members of the Advisory Groups.
This research led the Advisory Groups to offer four options for Indian Creek Drive & Trophy
Club Drive.
1. Install sidewalks
2. Mark and sign a bike path in which normal traffic would be prohibited to travel
3. Designate and mark a shoulder with ceramic buttons
4. Do nothing leaving the traffic lanes unmarked
Option 1
Install sidewalks – This option is preferable for the walkers, but would be costly and would be
invasive to the residents whose homes abut these roads. The estimated cost to install sidewalks
on only one side of three quarters of a mile of roadway is estimated at $260,000 and includes the
installation of ADA compliant ramps at each intersection and driveway approach.
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Option 2
Mark and sign a path in which normal traffic would be prohibited to travel - American
Association of State Highway and Transportation Officials (AASHTO) and Federal Highway
Administration (FHWA) provide guidelines for pavement markings and signs that denote bicycle
lanes on the roadways. Parking areas would be designated and striped in front of the homes
facing Trophy Club Drive to ensure that residents maintain the ability to park in front of their
homes.
The purpose of the striping would not be to regulate walkers or bikers, but to provide an area of
the road that vehicles are not permitted to travel under normal circumstances. In this concept,
the traffic lane would be at least 17.5 feet wide with a 6-foot shoulder where normal traffic
would be prohibited on the roadway. See Figure 1 below.
In areas where homes face the roadway and parallel parking will be provided, the motor vehicle
traffic lane will be at least 11.5 feet with a 7-foot parallel parking lane designated at the curb and
a 5-foot area for pedestrian and bike traffic. See Figure 2 below. Figure 3 illustrates the
pavement design with marking and signage
Deliveries including mail and trash pick up would be still be permitted to pull up to the curb. The
cost for this option on a three quarter mile section of Trophy Club Drive would be approximately
$25,000.
Figure 1
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Figure 2
Figure 3
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Option 3
Designate and mark a shoulder – This option would include the installation of ceramic buttons
to designate the roadways as one lane with a shoulder that traffic would not regularly travel in.
The buttons would be installed at 4-foot intervals with every fifth button to be reflective. In
addition a cross strip of reflective and non-reflective buttons would be installed at a 45 degree
angle every 15 feet to further remind drivers that the lane is not for normal vehicle traffic. The
raised surface of these buttons would notify drivers if they move into this area. Parking on the
street would remain as it is now. The shoulder would be 8-foot wide to allow pedestrians the
ability to pass a normal size vehicle and still remain on the shoulder.
This is an option that other area cities are currently utilizing. The images that follow are from
North Richland Hills and were added as a traffic calming measure after a pedestrian fatality.
Figure 4 is a drawing of the basic design, Figure 5 shows the shoulder markings, Figure 6 is a
mail truck stopped within a 6-foot shoulder and Figure 7 depicts a wider 10-foot shoulder.
The cost for this option is approximately $12,000 for the recommended three quarter mile test
section.
Figure 4
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Figure 5
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Figure 6
Figure 7
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Option 4
Do Nothing – This would leave these roads as is and while they are not stipulated for 2-lane
traffic would likely still travel in that manner because it is not specifically prohibited. Walkers
and bike riders would continue to compete with motor vehicle traffic.
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RECOMMENDATION:
The Public Safety and Public Works Advisory Groups recommend a six-month pilot program of
Option 3, which would use ceramic buttons to designate a section of Trophy Club Drive as one
lane.
Trophy Club Drive was selected because of its high visibility and limited area for the pilot. If
Council decides to proceed, under the pilot program, the lane would remain in place for
approximately six months to give residents the opportunity to utilize and experience the concept
in a limited area.
An online survey was posted to allow residents to provide feedback on the recommended pilot
program. Of the 166 respondents, 60% favored the six-month pilot program to mark Trophy
Club Drive between Meadow Creek and Oak Hill Drive as one lane with a shoulder.
If Council approves the initial pilot, after approximately six-months, residents would be polled
either by survey or referendum to determine whether to keep the program in place. If residents
respond favorably, Phase II would be budgeted to proceed in the following year’s budget with
the marking of the remaining areas of Indian Creek and Trophy Club Drive where the road is not
currently designated as two lanes in each direction. The area of Trophy Club Drive between
Durango and Marshall Creek Road would also be excluded because the road is not wide enough
to support a shoulder.
Phase III would be the connection of the striped paths with sidewalks and would potentially be
funded by a pathway grant.
If at the end of the pilot, resident opinion received by survey or referendum is not favorable, the
buttons would be removed and the lanes returned to their original state at the end of the pilot
period.
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum
2. Survey Results
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.4
Discuss and receive direction regarding charging fees for the use of the pool and
other facilities.
EXPLANATION: The list of fees included in this agenda item represent a sampling of the
various Parks and Recreation fees from Texas cities of various populations.
RECOMMENDATION: Staff is seeking additional direction from Council as to whether user
fees should be imposed at some point in the future.
ACTION BY COUNCIL:
(aa)
Attachments: 1. Information Memorandum
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PLANO
Population = 243,000
Pool Fees = Residents - $2.00 per child per visit
7 years and over - $1.50 per child per visit
7 years and under – Free
Swim Team joint use with PISD
Sports Field Use Co-sponsored
IRVING
Population = 197,850
Pool Fees
12 years and under - $1.00 per child per visit
13 years and over - $1.50 per child per visit
Swim Team Fee - $25.00 per user
CARROLLTON
Population = 110,000
Pool Fees = Residents
7 years and over - $2.00 per child per visit
7 years and under – Free
Non-residents - $4.00
RICHARDSON
Population = 92,000
Pool Fees = Residents Admission - $1.50 per child per visit
Sports Field Use – Free
DENTON
Population = 81,000
Pool Fees =
Under 2 years – Free
2 years – 17 years - $2.25 per child per visit
17 years and over - $3.00 per child per visit
Park Use = $10.00 per player per season
LEWISVILLE
Population = 78,000
Pool Fees =
Water Park - $5.00 per child per visit
Sports Field Use Co-sponsored
THE WOODLANDS
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Population = 56,000
Pool Fees =
3 years and over - $30.00 per child/season pass
3 years and under – Free
Sports Field Use Co-sponsored
FLOWER MOUND
Population = 51,000
Pool None
Sports Field Use - $4.00 per child per season
EULESS
Population = 46,000
Sports Field Use - $7.50 per child per season
GRAPEVINE
Population = 42,000
Pool Co-sponsored
Sports Field Use – No Fee
CONROE
Population = 37,000
Pool Fees
Resident - $20.00 per month
Non Resident - $25.00 per month
Sports Field Use – No Fees
HURST
Population = 36,000
Pool Fees
Resident - $3.00 per child per season
Non Resident - $3.50 per child per season
Sports Field Use - $300.00 per league per season
COPPELL
Population = 36,000
Pool Fees
Swim Team Fees - $50 per child per season
FRISCO
Population = 34,000
Pool Fees - $1.25 per child per season
Sports Field Use Co-sponsored
DEER PARK CITY
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Population = 29,000
Pool Fees - $1.50 per visit
Sports Field Use – Free
KELLER
Population = 27,000
Park Fees – Light Fees Only
THE COLONY
Population = 27,000
Park Fees - $5.00 per player per season
MARSHALL
Population = 24,000
Pool Fees –
0 years – 17 years - $1.00 per child per season
18 years – 54 years - $1.50 per child per season
55 years and over - $1.00 per child per season
Sports Field Fee - $60.00 per team per season
WATAUGA
Population = 22,000
Sports Field Fee - $5.00 per child per season
SOUTHLAKE
Population = 22,000
Sports Field Use – No Charge
COLLEYVILLE
Population = 20,000
Sports Field Use - $5.00 per person per season
ROCKWALL
Population = 18,000
Pool Fees
2 years to 17 years - $1.00 per child per visit
18 years and over - $1.50 per child per visit
Family of up to 6 - $3.00 per child per visit
Sports Field Use Co-sponsored
PFLUGERVILLE
Population = 16,000
Pool Fees
0 years – 11 years - $1.00
12 years and over - $2.00
Sports Field Use - $1.00 per child per season
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GAINESVILLE
Population = 16,000
Pool Fees
0 years – 11 years - $1.50
12 years and over - $2.00
Sports Field Use – No Charge
WYLIE
Population = 15,000
Sports Field Use - $4.00 per child per season
HIGHLAND VILLAGE
Population = 12,000
Sports Field Use - $5.00 per child per season
CORINTH
Population = 11,000
Sports Field Use - $50.00 per team per season
FREDRICKSBURG
Population = 9,000
Pool Fees - $1.00 per child per visit
Sports Field Use – No Charge
HILLSBORO
Population = 8,000
Sports Field Use – No Charge
COMMERCE
Population = 8,000
Pool Fees
0 years –11 years - $2.00 per child per visit
12 years and over - $3.00 per child per visit
Sports Field Use - $5.00 per child per season
CROCKETT
Population = 7,000
Pool Fees - $2.00 per child per visit
Sports Field Use – No Charge
CHILDRESS
Population = 7,000
No Pool
Sports Field Use – No Charge
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GLADEWATER
Population = 6,000
No Pool
Sports Field Use – No Charge
GRANBURY
Population = 6,000
No Pool
Sports Field Use - $5.00 per child per season
FORNEY
Population – 6,000
No Pool
Sports Field Use – No Charge
BASTROP
Population – 5,000
No Pool
Sports Field Use – No Charge
ROANOKE
Population – 5,000
Pool Fees
0 years – 11 years – Free
12 years and over - $1.50 per child per visit
Sports Field Use - No Charge
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.5
Discuss and receive direction regarding a future amendment to Ordinance 2004-17
regulating the operation of motor assisted scooters.
EXPLANATION:
RECOMMENDATION:
See attached memo
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
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Town on Trophy Club
Police and Fire Services
Memorandum
To: Town Council
CC:
From: Randall C. Briggs-Director Police and Fire Services
Date: 9/30/2005
Re: Scooter Survey Results
Here are a few recommendations that I have research from surrounding cities.
Colleyville:
Definitions
Adult means any individual eighteen (18) years of age or older.
Child means any individual under eighteen (18) years of age.
Motor assisted scooter shall have the same meaning assigned by Texas Transportation
Code Section 551.301 (2), as it exists or may be amended, and includes a self-
propelled device with at least two wheels in contact with the ground during operation;
braking system capable of stopping the device under typical operating conditions; a gas
or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person
to stand or sit while operating the device; and the ability to be propelled by human
power alone.
Public way or Public property means real property owned, leased or controlled by a
political subdivision of the State of Texas, a governmental entity or agency, or similar
entity, or any property that is publicly owned or maintained or dedicated to public use,
including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public
park facility.
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Wearinq a helmet means that the person has a helmet fastened securely to his/her
head with the straps of the helmet securely tightened in the manner intended by the
manufacturer to provide maximum protection.
Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violations.
Restrictions and Prohibitions on Locations of Use
1. It is unlawful for any child to operate or ride a motor assisted scooter on
any path, trail, alley, street or highway within the City, except on paths and trails
set aside for the operation of bicycles or on a sidewalk.
2. It is unlawful for any adult to operate or ride a motor assisted scooter on
any public way or public property for which the posted speed limit is more than
thirty-five (35) miles per hour. The motor assisted scooter may cross a road or a
street at an intersection where the road or street to be crossed has a posted
speed of more that thirty-five (35) miles per hour.
It is unlawful for any person to operate or ride a motor assisted scooter at night.
Helmets Required/Penalty for Failure to Wear Helmet
Helmet Required
1. It is unlawful for any child to operate or ride a motor assisted scooter
unless the child is wearing a helmet.
2. It is a defense to prosecution that the motor assisted scooter was not
being operated upon public property or a public way at the time of the alleged
offense.
Frisco:
Banning them from sidewalks altogether and reducing the age requirement on the
streets from 18 to any licensed driver. Their take was that driver training was important
to operate any vehicle on the public roadways. A few parents complained, but common
sense prevailed.
Licensed Minor means any individual who is sixteen (16) or seventeen (17) years of age
and has in his or her possession a valid license issued to him or her by the State of
Texas, or the state of the licensed minor's residence, for the operation of a motorcycle
or motor vehicle on public streets and highways.
Pocket bike or Minimotorbike shall have the same meaning assigned by the Texas
Transportation Code Section 551.301, as it exists or may be amended, and includes a
self-propelled vehicle that is equipped with an electric motor scooter or internal
combustion engine having a piston displacement of less than 50 cubic centimeters, is
designed to propel itself with not more than two (2) wheels in contact with the ground,
has a seat or saddle for the use of the operator, is not designed for use on a highway,
and is ineligible for a certificate of title under Chapter 501 of the Texas Transportation
Code, as it exists or may be amended; but does not include a moped, motorcycle,
electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive
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mobility device or a neighborhood electric vehicle as those are defined in the Texas
Transportation Code, as it exists or may be amended
.
1. It is unlawful for any child to operate or ride a motor assisted scooter on any
public way or public property within the City, except on paths and trails set aside
for the exclusive operation of bicycles.
2. It is unlawful for any adult or licensed minor to operate or ride a motor assisted
scooter on any path, trail, walkway, alley, sidewalk or public park facility within
the City, except on paths and trails set aside for the exclusive operation of
bicycles.
3. It is unlawful for a parent to allow or permit a child to operate or ride a motor
assisted scooter on any public way or public property within the City, except on
paths and trails set aside for the exclusive operation of bicycles.
4. It is unlawful for any child, licensed minor or adult to operate or ride a
minimotorbike or pocketbike on any public way or public property within the City.
5. It is unlawful for a parent to allow or permit a child or licensed minor to operate or
ride a minimotorbike or pocketbike on any public way or public property within the
City.
6. It is presumed that a parent allowed a child or licensed minor to operate or ride a
motor assisted scooter, minimotorbike or pocketbike in a restricted or prohibited
area.
7. It is unlawful for any adult or licensed minor to operate or ride a motor assisted
scooter on any public way or public property for which the posted speed limit is
more than thirty-five (35) miles per hour. The motor assisted scooter may cross a
road or a street at an intersection where the road or street to be crossed has a
posted speed of more than thirty-five (35) miles per hour.
8. It is a defense to prosecution that the motor assisted scooter, minimotorbike or
pocketbike was not being operated upon public property or a public way at the
time of the alleged offense.
Carrollton
Carrollton Council doesn't want to pass an ordinance.
Plano
It shall be unlawful for any person to ride or operate a motorized scooter on a street,
road, or highway that has an improved surface that is greater than twenty-seven (27)
feet in width.
Additional restrictions.
In addition to the restrictions in subsections 14-27(a) and (b) above, it is unlawful:
1. For a custodian to allow or permit a child under the age of ten (10) to operate or
ride a motorized scooter on any alley, street or highway within the city, except a
custodian may allow a child under the age of ten (10) to ride a motor assisted
scooter on paths and trails set aside for the exclusive operation of bicycles or on
a sidewalk.
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2. For any person who is ten (10) years of age but under eighteen (18) years of age
to operate or ride a motorized scooter on any alley, street or highway within the
city, except a person may ride a motor assisted scooter on paths and trails set
aside for the exclusive operation of bicycles or on a sidewalk. This restriction is
not applicable to persons under the age of eighteen (18) who had been issued, at
the time of the operation of the motorized scooter a license issued by the State of
Texas pursuant to Texas Transportation Code sections: 521.222 (Instruction
Permit), 521.223 (Hardship License), 552.224 (Restricted Class M License),
521.225 (Moped License), 521.181 (Issuance of Driver's License) or persons
under the age of eighteen (18) who had been issued, at the time of the operation
of the motorized scooter, a license issued by another state or the federal
government that is the equivalent of a license issued by the State of Texas
pursuant to the sections of the Texas Transportation Code cited herein.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2004-01
& 2004-09 relating to traffic and street control standards, and adopting a new
Ordinance related to traffic and street control standards, with new criteria
specifically related to U-Turns signs.
EXPLANATION:
(kcf)
Attachments: 1. Information Memorandum
2. Ordinance –Redlined
3. Ordinance – Final
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding a Resolution approving the 2005-
2006 Interlocal Agreement between the Town and Tarrant Count Hospital District
d/b/a JPS Health Network.
EXPLANATION: Trophy Club DPS desires to obtain sexual assault examinations when
requested in connection with the investigation and prosecution of an alleged sexual assault.
RECOMMENDATION: Staff recommends approval with the amendment, "To the extent
allowed by law" added to the indemnity language. "To the extent allowed by law" before we
sign.
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
2. Resolution
3. Agreement
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RESOLUTION NO. 2005-??
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY
CLUB AND TARRANT COUNTY HOSPITAL DISTRICT D/B/A JPS
HEALTH NETWORK (“THE DISTRICT”) PROVIDING TERMS AND
CONDITIONS UNDER WHICH THE DISTRICT WILL PROVIDE CERTAIN
HEALTH CARE SERVICES; AUTHORIZING THE EXECUTION OF THE
AGREEMENT BY THE MAYOR OR HIS DESIGNEE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes governmental entities to contract with each other to perform government
functions and services, such as those that serve the public health and welfare; and
WHEREAS, Tarrant County Hospital District d/b/a JPS Health Network (“The
District”), a special district within the meaning of the Interlocal Cooperation Act, provides
certain health care services in connection with the investigation or prosecution of an alleged
sexual assault; and
WHEREAS, such services are necessary to vital law enforcement services provided by
the Trophy Club Department of Public Safety; and
WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation
Agreement by and between the Town of Trophy Club, Texas, and the District providing terms
and conditions for the services to be provided by the District, a substantial copy of which is
attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter called
“Agreement”); and
WHEREAS, upon full review and consideration of the Agreement and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that
the execution of the Agreement serves a valid public purpose, that all funds necessary to pay for
the services shall be paid out of current revenue legally available to the Town and shall not
exceed the amount budgeted therefore in the current fiscal year budget, that the terms and
conditions of the Agreement should be approved, and that the Mayor or his designee should be
authorized to execute the Agreement on behalf of the Town of Trophy Club.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. That the recitals contained in the preamble of this Resolution are
determined to be true and correct and are hereby adopted as a part of this Resolution.
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Section 2. The parties agree and understand that the duties and obligations set
forth in the Agreement serve as valid and binding consideration to support this Agreement.
Section 3. The terms and conditions of the Agreement and of this Resolution, having
been reviewed by the Town Council of the Town of Trophy Club and found to be
acceptable and in the best interest of the Town and its citizens are hereby in all things
approved.
Section 4. The Mayor or his designee is hereby authorized to execute the Agreement
and all other documents in connection therewith on behalf of the Town of Trophy Club,
substantially according to the terms and conditions set forth in the Agreement and in this
Resolution.
Section 5. This Resolution shall become effective immediately upon its passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 3rd day of October 2005.
_________________________
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
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.8
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
September 19th, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. 9/18/05 Minutes
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MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 19, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, September 19, 2005.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Susan Edstrom Council Member
Beverly Foley Council Member
Roger Williams Council Member
TOWN COUNCIL MEMBERS ABSENT:
Scott Spence Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Roger Unger Finance Director
Lisa Ramsey Town Secretary
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
Sakura Moten-Dedrick Financial Analyst
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:04 p.m. noting a quorum was present.
A.2 Invocation.
Director of Police and Fire Service, Randy Briggs gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Town Manager, Donna Welsh led to pledges.
B.1 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.
Bob Radder, 1 Lee Court, Trophy Club, TX 76262 – Spoke in favor of calming the Streets suggesting that we mark
Trophy Club Drive as a one lane street and then let the Town’s DPS enforce the law.
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B.2 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.
Community Development
• Road Construction
Indian Creek Drive is progressing on schedule with excavation to be completed this week. The first
side of Shields Court will be paved later this week. The newly poured pavement will require a seven-
day cure time before we can open it to traffic and pour concrete on the remaining side. Shields Drive
has been excavated and will be stabilized this week. We appreciate the resident’s continued patience
and cooperation during this project. Dependent on weather, we hope to complete all the paving by
Thanksgiving with the landscaping to follow.
• Administration Building Addition
The bids have been opened and will be presented to Council for approval this evening. If approved, we
hope to begin construction immediately.
• Traffic Calming Pilot
An informational forum was held on September 13th and the video of the forum was broadcast several
times last week. Detailed information on this project and on online survey are available on our website
at www.trophyclub.org. Approximately 160 residents have participated in the survey thus far.
Council will consider this project at their October 3rd meeting.
Finance
• DCAD Board of Directors nominations
Town Council will make nominations at the October 3rd, 2005 Town Council meeting.
IS
• Update on Court Software Implementation
The Court software has successfully been installed. This new software package will significantly
improve financial tracking and audit capabilities.
Special Events
• Katrina Disaster Relief
Town working in conjunction with Trophy Club Country Club.
Four evacuee families relocated to Trophy Club.
• Chamber Hollywood Premier Party
Saturday, October 1 @ Doral
• Trophy Club Fall Festival
Scheduled for Saturday, October 15
• Light the Town with Christmas Lights
First weekend in December
Planned activities: Christmas Parade, Clock Tower Christmas Tree Lighting, Santa arrival and
Reception.
Parks and Recreation
• Pool Repairs
The repairs on the pool are completed. They were covered by warranty as the defect was a structural
flaw in the surge pit.
• Rye on all medians and common areas
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Parks will be putting down rye on all of the medians and common areas this week, and as we pre-
booked both our chemicals and seed there will be no additional costs to keeping our Town looking its
best throughout the Fall and Winter months.
Planning & Zoning
• Opening on the Planning and Zoning Commission
Town Council is accepting applications for one opening on the Planning & Zoning Commission.
Applications will be accepted beginning Monday, September 12 through Friday, September 23.
Applications received after the deadline will not be considered. For more information go to:
www.ci.trophyclub.tx.us.
Police and Fire Services
• Police Services Bureau
On Saturday, September 10, 2005 the Trophy Club DPS, in conjunction with our local Cub Scouts,
hosted a bicycle/scooter safety course.
Currently seeking new Reserves Officers.
Participated in September 11 Memorial Parade from Texas Stadium to Texas Motor Speedway with
numerous other agencies of the Metroplex.
• Fire Services Bureau
Held a State Texas Fire Commission class for field examiners. Successfully passed State Fire
Commission Field Inspection on 14 September 2005.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the
fiscal year beginning October 1, 2005, and ending September 30, 2006.
Council member Williams made a motion to adopt the new ordinance; Mayor Pro Tem Cates seconded the motion.
Floor opened for discussion.
Floor was opened for discussion. Council member Williams complimented staff on their work preparing the budget.
Motion to pass Ordinance 2005-24, approving the 2005-06 Budget passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem
Taxes for the fiscal year beginning October 1, 2005, and ending September 30, 2006.
Council member Williams made a move to adopt the purposed Ordinance that property taxes be increased by the
adopting of a tax rate of .43051. This rate is comprised as follows: .35963 for Operations and Maintenance and
.070883 for Debit Service; Council member Edstrom seconded the motion. Floor opened for discussion.
Mayor Pro Tem Cates questioned that we are leaving the tax rate the same even though this budget still shows a
short fall in the operating budget. Council member Williams advised that we still have enough in the
reserves to cover this short fall. Motion to pass Ordinance 2005-25, fixing and levying Municipal Ad
Valorem Taxes for the 2005-06 fiscal passed 3:1, with Council member Williams, Foley and Edstrom
voting for and Mayor Pro Tem Cates voting against.
D.3 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central
Appraisal District for 2005.
Council member Edstrom made a motion to adopt the resolution; Council member Foley seconded the motion.
Floor opened for discussion.
Council member Williams inquired about the amount to be approved. Finance Director, Roger Unger spoke to the
consternation at the Appraisal District on what to do with the land in lieu of the pending border dispute
between Denton and Tarrant counties. Mr. Unger explained that DCAD decided that rather than certifying
the value, they reduced it by some standard percentage and moved it to under review. The certified tax roll
was arrived by taking what DCAD actually certified of 563 and what DCAD currently has under review of
33, which comes to 596. Motion to pass Resolution 2005-27, approving the 2005-06 tax roll passed
unanimously without further discussion.
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D.4 Discuss and take appropriate action to award or reject the bids for construction of the Svore Municipal
Building Addition and to authorize the Mayor or his designee to execute all necessary contractual
documents.
Mayor called on Community Development Director, Beth Ann Gregory who advised that based on the results
provided by Steele Freeman Construction Managers, we can build the 4,630 square foot addition within our
projected $592,000 budget.
Council member Williams made a motion to approve; Mayor Pro Tem Cates seconded the motion. Floor opened for
discussion.
Motion to award the bid for construction of the Svore Municipal Building; passed unanimously without discussion.
D.5 Discuss and take appropriate action on the addition of sidewalks in the current construction project on
Indian Creek.
Community Development Director, Beth Ann Gregory advised that converting .25 miles of a 5 foot sidewalk would
cost approx $90,000.00. Sidewalk for this area are available for funding through the bond program but
cannot be expended through GASB.
Council member Edstrom made a motion to approve additional sidewalks in the current construction project on
Indian Creek; Council member Cates seconded the motion. Floor opened for discussion.
Council member Foley expressed concern with spending $90,000.00 on one fourth of a mile of sidewalk that does
not connect to anything and without having a definite date when the next sidewalk might be built. Council
member Edstrom explained that this idea came out of the safety concern for walkers which is being looked
into with street calming project which grew out of the pathway plan.
Council member Williams advised that he thought that sidewalks were only going to be a consideration if it could be
done in conjunction with the current construction; and then confirmed with Ms. Gregory that it could not.
Council member Edstrom withdrew her motion and stated that she misunderstood that this could be done in
conjunction; Mayor Pro Tem Cates seconded. Motion withdrawn without further discussion.
Dennis Sheridan, 1 Hillcrest, Trophy Club, TX 76262 signed up to speak against but was not recognized as motion
was withdrawn.
D.6 Discuss and take appropriate action to approve a Resolution supporting the NWISD's $224.5 million bond
proposal on October 1, 2005.
Council member Edstrom made a motion to approve the Resolution; Council member Williams seconded the
motion. Floor opened for discussion.
Council member Edstrom advised residents of the early voting locations. Council member Williams encouraged
people to get out and out. Motion to pass Resolution 2005-28, supporting the NWISD’s $224.5 million
bong proposal, passed unanimously without further discussion.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be
removed from the consent agenda and will be considered separately.
Mayor Pro Tem Cates requested that item D.9, Minutes dated September 6, 2005 be removed from the Consent
agenda.
D.7 Consent agenda: Discuss and take appropriate action to approve financials dated August 2005.
D.8 Consent agenda: Discuss and take appropriate action to approve Minutes dated August 29, 2005.
D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated September 6, 2005.
Item removed from Consent agenda.
Motion to approve the Consent agenda as amended; Items D.7 and D.8, moved by Council member Edstrom;
seconded by Council member Williams. Motion passed unanimously.
D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated September 6, 2005.
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Mayor Pro Tem Cates advised that she was not in attendance at the September 6th meeting, as recorded in the
minutes. Council member Williams made the motion to pass with this correction; Council member
Edstrom seconded. Motion passed 3:1, with Council member Williams, Foley and Edstrom voting for and
Mayor Pro Tem Cates abstaining.
D.10 Additional Information for Council as provided by the Department of Police and Fire Services.
D.11 Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects
2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek
3. Status of street repairs and bonds, including recommendation.
4. Discussion and appropriate action for an Ordinance to approve vacant land appraisal
5. Discussion and appropriate action regarding safety issues as established in Ordinance 2004-17, the
operation of motor assisted scooters October 3, 2005
6. Discuss and take appropriate action for street pilot traffic calming program for a section of Trophy Club
Drive - October 3, 2005
7. Discuss and receive direction regarding charging fees for the use of the pool and other facilities -
October 3, 2005
Discussion ensued about moving this item, as Council member Edstrom will not be able to attend the
October 3rd meeting and Mayor Pro Tem Cates and possibly Council member Williams will not be able to
attend the October 17th meeting. Council member Edstrom will be unable to attend the November 7th
meeting.
Council member Williams suggested that this item be left on the October 3rd meeting for discussion and
direction. Item will be posted to the October 3rd meeting with no action to be taken from Council.
8. Discuss and take appropriate action nominating up to five candidates to the DCAD Board of Directors -
October 3, 2005
9. Discuss and take appropriate action by Resolution to appoint one commissioner to the Planning and
Zoning Commission - October 3, 2005
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Town Council convened into Executive Session at 8::05 p.m.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2) "Deliberation
Regarding Economic Development Negotiations" and Section 551.071 (b) "Consultation with Attorney",
the Council will enter into executive session to discuss the following:
(A) To discuss or deliberate the offer of financial or other incentives to a business prospect that the
Town seeks to have locate within the territory of the Town pursuant to Section 551.087 (2) of the
Texas Open Meetings Act and For Consultation with the Town Attorney on a matter in which the
duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (§551.071 (b)).
(1) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use
development and legal advice regarding the proposed development, zoning and platting,
potential economic incentives and contractual agreements, potential contracts for water
and wastewater services, traffic impact and capacity issues, ordinance requirements, and
matters related to the proposed development.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Town Council convened into Regular Session at 8:38 p.m.
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E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
F.1 Adjourn.
Council member Edstrom made a motion to adjourn; Council member Williams seconded motion. Adjourned at
8:41.
___________________________________
Mayor, Town of Trophy Club
__________________________________
Town Secretary, Town of Trophy Club
144
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.9
Consent Agenda - Discuss and take appropriate action to expend Court Technology
Funds in the amount of $500 for travel expenses for Court Training.
EXPLANATION:
The travel expenses for the Intouch Court training were not broken out and subsequently
overlooked when the original request was made. The Court Technology fund balance is
currently $8604.
RECOMMENDATION:
Staff recommends the expenditure.
ACTION BY COUNCIL:
(mp)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.D.10
Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for
resident input on potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans
of Marshall Creek.
3. Status of street repairs and bonds, including recommendation.
4. Discussion and appropriate action for an Ordinance to approve vacant
land appraisal.
5. Discussion and appropriate action to approve a Resolution authorizing an
Economic Development Agreement with Midwest Commercial Realty.
October 17, 2005
6. Discussion and appropriate action by Resolution to appoint one candidate
to EDC 4B. November 7, 2005
7. Discussion and appropriate action by Resolution, casting all of its allocated
votes (16) for (candidates names) to serve as a member of the Denton Central
Appraisal District Board of Directors. November 21st, 2005
8. Discussion and appropriate action of the Town's participation in a
program through the America Supporting Americans program where Towns
can adopt an armed services unit and provide them support.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Resolution
2. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087
(2) "Deliberation Regarding Economic Development Negotiations" and Section
551.071 (b) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(A)To discuss or deliberate the offer of financial or other incentives to a business
prospect that the Town seeks to have locate within the territory of the Town
pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For
Consultation with the Town Attorney on a matter in which the duty of the Attorney
to the Governmental Body under the Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with the Open Meetings Act (§551.071 (b)).
(1) Financial and other incentives for the proposed D.R. Horton/Beck Properties
mixed use development and legal advice regarding the proposed development,
zoning and platting, potential economic incentives and contractual agreements,
potential contracts for water and wastewater services, traffic impact, ordinance
requirements, and matters related to the proposed development.
(dc)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
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
148
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-3-2005
Subject: Agenda Item No.F.1
Adjourn.
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