Agenda Packet TC 08/07/2006 - Budget Workshop 1
Town of Trophy Club
Town Council Budget Workshop/Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, August 7, 2006
6:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Budget Workshop
B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
D.1 Discuss and take appropriate action regarding a Resolution to approve the placement of a
proposal to adopt a 2006 Tax Rate on the September 18, 2006 Town Council Public
Meeting Agenda as an action item.
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D.2 Discuss and take appropriate action regarding an Interlocal Agreement authorizing the
Town to participate in the North Texas Government Benefit Alliance (NTGBA).
D.3 Discuss and take appropriate action relative to an Ordinance amending Chapter 10
entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of
Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection B.
D.4 Discuss the use of a Pre Council Workshop prior to each council Meeting.
D.5 Discuss and provide input regarding an Ordinance amending Article VI, "Town Council
Rules of Procedure", of Chapter 1 of the Code of Ordinances, entitled “Administration”.
D.6 Discuss and provide input regarding an ordinance amendment to Chapter 10, entitled
"Public Safety" of the Trophy Club Code of Ordinances, by adding Article XII, entitled
"Registered Sex Offenders", prohibiting designated persons from residing within 1,000
feet of premises where children gather.
D.7 Discuss and provide input regarding an amendment to Chapter 8, entitled "Nuisances" of
the Trophy Club Code of Ordinances, by amending Sections 4.01 – 4.05 to Article IV,
entitled "Abandoned and Junk Vehicles".
D.8 Discuss and provide input regarding an Ordinance appointing a Records Management
Officer and regulating records management by the Town.
D.9 Discuss and take appropriate action to approve Minutes dated, July 24, 2006.
D.10 Items for Future Agenda.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
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: 8-7-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.A.4
Budget Workshop
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.B.1
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.B.2
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding a Resolution to approve the
placement of a proposal to adopt a 2006 Tax Rate on the September 18, 2006 Town
Council Public Meeting Agenda as an action item.
EXPLANATION:
Municipalities are required to publish their rollback tax rates in the newspaper, along with the
effective tax rate and other required schedules. These are currently scheduled to publish on
August 11, 2006 in the Trophy Club Times. The rollback tax rate divides the overall property
taxes into two categories—maintenance and operations (M&O) taxes and debt service taxes. By
law, the rollback rate for taxing units is set at an eight percent (8%) increase in operating taxes.
The effective tax rate is generally the property taxes divided by the current year’s taxable value
of properties that were on the tax roll in both years. This rate excludes taxes on properties no
longer in the taxing unit and also excludes the current taxable value of new properties (growth).
The Town of Trophy Club’s effective rate for this year is $.412782/$100 valuation, and the
rollback rate is $.462064/$100 valuation.
The Property Tax Code specifies that “when a proposed rate exceeds the rollback rate or the
effective rate, whichever is lower, the taxing unit’s governing body, other than for a small taxing
unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the
agenda of a future meeting as an action item”. The Proposed 2006-07 budget is funded with a
proposed tax rate of $.43051 (O&M .36723, I&S .06328). Although this proposed rate is below
the rollback rate, it is above the effective tax rate and requires two separate public hearings.
RECOMMENDATION:
08/07/06 Vote to Place Proposal on Future Agenda
08/11/06 Publish Required Notice of Effective Tax Rate & Schedules
08/11/06 Publish Required Notice of Public Hearing On Tax Increase
08/21/06 Hold First Public Hearing
09/08/06 Publish First Required Notice of Vote on Tax Rate
09/11/06 Hold Second Public Hearing
09/15/06 Publish Second Required Notice of Vote on Tax Rate
09/18/06 Adopt Tax Rate
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ACTION BY COUNCIL:
Discuss and take appropriate action regarding a Resolution to approve the placement of a
proposal on the September 18, 2006, Town Council Public Meeting Agenda to adopt a 2006 tax
rate that will exceed the lower of the rollback rate or the effective tax rate; calling public
hearings on a tax increase to be held on August 21, 2006 and September 11, 2006, requiring
publication of a Notice of Public Hearing on Tax Increase in accordance with the law; and
providing an effective date.
Needs to be a recorded vote.
(SMD)
Attachments: 1. 2006 Certified Assessment Roll Grand Totals Report
2. 2006 Notice of Effective Tax Rate & Schedules
3. 2006 Effective Tax Rate Worksheet
4. 2006 Rollback Tax Rate Worksheet
5. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006 –XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING THE PLACEMENT OF A
PROPOSAL ON THE SEPTEMBER 18, 2006, TOWN COUNCIL PUBLIC
MEETING AGENDA TO ADOPT A 2006 TAX RATE THAT WILL
EXCEED THE LOWER OF THE ROLLBACK RATE OR THE
EFFECTIVE TAX RATE; CALLING PUBLIC HEARINGS ON A TAX
INCREASE TO BE HELD ON AUGUST 21, 2006 AND SEPTEMBER 11,
2006; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC
HEARING ON TAX INCREASE IN ACCORDANCE WITH THE LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council desires to consider adoption of a tax rate of $0.43051 per
$100 valuation, which will exceed the lower of the rollback rate or the effective tax rate, in
accordance with the requirements of the Texas Tax Code Chapter 26 and to schedule public
hearings on the proposed tax increase as required by law;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council desires to consider adoption a tax rate for the 2006 tax
year of $0.43051 per $100 per valuation that will exceed the lower of the rollback rate or the
effective tax rate.
Section 2. The Town Council hereby approves the placement of an item on the
September 18, 2006 Town Council public meeting agenda, such meeting being a regular Council
meeting, to vote on a proposed tax rate of $ 0.43051 per $100 valuation that will exceed the
lower of the rollback rate or the effective tax rate.
Section 3. The Town Council hereby calls public hearings on the proposed tax
increase to be held in the Svore Municipal Building located at 100 Municipal Drive, Trophy
Club, Texas 76262 on August 21, 2006 and September 11, 2006 at 7:00 p.m., such dates being
weekdays which are not public holidays. The first public hearing will not be held until at least
seven days after notice of both public hearings have been published in the Trophy Club Times, a
newspaper having general circulation within the Town, in the form of the attached Notice of
Public Hearing on Tax Increase, which is incorporated into this Resolution for all purposes
meeting the size requirements specified Texas Tax Code §26.06. The Town Manager and the
Assistant Town Manager are hereby directed to publish such notice in accordance with this
Resolution and in accordance with Texas Tax Code §26.06. At both public hearings, the Town
Council will afford adequate opportunity for both proponents and opponents of the tax increase
to present their views.
Section 4. This Resolution shall become effective immediately upon its passage and
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approval at a regular meeting of the Town Council of the Town of Trophy Club, Texas on this
the 7th day of August, 2006, at which meeting a quorum was present and the meeting was held in
accordance with the provisions of Texas Government Code §551.001, et seq. The Town
Secretary is hereby directed to record this Resolution and the vote on the proposal to place the
item for a tax increase on the September 18, 2006 Town Council agenda.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 7th
day of August, 2006.
_______________________________________
Nick Sanders, 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: 8-7-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding an Interlocal Agreement authorizing
the Town to participate in the North Texas Government Benefit Alliance (NTGBA).
EXPLANATION:
This Interlocal Agreement is for the purpose of creating a risk pool in order to promote collective
purchasing of certain employee benefits a group of employees can lower the cost of such benefits
for each employer.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Agreement
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INTERLOCAL AGREEMENT FOR THE NORTH TEXAS GOVERNMENT
BENEFIT ALLIANCE
This Interlocal Agreement, hereinafter, “Agreement,” is entered into as of the _____ day of
____________________, 2006, by and among the parties identified in Section 9 below (hereinafter
collectively referred to as “NTGBA Members”).
FINDINGS
WHEREAS, each of the NTGBA members has examined all the facts and issues it deems
relevant and has determined that it is advisable and in their best interest to enter into this Agreement; and
WHEREAS, collective purchasing of certain employee benefits a group of employees can lower
the cost of such benefits for each employer; and
WHEREAS, the Agreement will permit the NTGBA Members to more efficiently and
effectively acquire, adopt, implement and manage certain employee benefit plans; and
WHEREAS, there is an immediate and significant need for a regional, coordinated approach to
the provision of certain employee benefits to assist the NTGBA Members with their employee benefits
needs; and
WHEREAS, local political subdivisions in Texas have individual authority to study, develop,
purchase and implement certain employee benefits plans for its employees, officials, retirees and
dependents in support of their operations; and
WHEREAS, the use of certain employee benefits plans is a routine and essential function of
local political subdivisions in Texas and is needed to attract and to retain good employees.
NOW, THEREFORE, PREMISES CONSIDERED, and in consideration of the mutual
covenants and agreements herein contained, the parties hereto do mutually agree as follows:
AGREEMENT
1. Purpose and Scope.
This Agreement is an interlocal contract under Chapter 791 (as defined below) and is
entered into for the purpose of creating a risk pool under Chapter 172 (as defined below) in
order to promote centralized, cooperative and coordinated assistance and services to
NTGBA Members in all matters relating to the development and implementation of certain
employee benefit welfare plan designs, to determine the pricing and cost for such plans, to
administer such plans and to making such plans available to all NTGBA Members in order
that NTGBA Members and their employees may benefit from risk and pricing stabilities.
2. Authority of Parties.
Each of the NTGBA Members represents that it is a municipality, county or other political
entity that constitutes a political subdivision of Texas within the meaning of Chapter 172
and that any and all required actions of its governing body have been taken to authorize
participation in this Agreement, including, where required, a majority vote of such body
taken at a duly called and posted public meeting.
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3. Definitions.
In addition to any other defined terms used herein, the following terms shall, when used in this
Agreement, have the meaning given below unless the context of their use dictates otherwise:
“Benefit Plan” or “Benefit Plans” means the plan or plans described in Section 5 of this
Agreement.
“NTGBA Board” or “Board of Trustees” or “Board” means the board of trustees that oversees the
administrative operation of the NTGBA. The Board of Trustees shall initially be made up of five
(5) trustees.
“Bylaws” means the Bylaws of North Texas Government Benefit Alliance, a copy of which is
attached hereto as Appendix A and made a part hereof for all purposes.
“Delegates” mean those people appointed by the governing body of each NTGBA Member to
represent to the NTGBA the interests of such NTGBA Member. The delegates also serve as the
body that elects the Board of Trustees.
“Interlocal Participation Agreement” means a document authorized by the governing body of a
political subdivision (other than a member that originally executes this Agreement) that evidences
the agreement of the political subdivision to join in, and be bound by this Agreement.
“NTGBA Member” means a party to this Agreement.
“North Texas Government Benefit Alliance” or “NTGBA” shall mean the administrative agency
established under the terms of this Agreement to supervise the performance of this Agreement.
“NTGBA Risk Pool” or “Risk Pool” means the risk pool established by the terms of this
Agreement.
“Official” means a person who has been elected by the citizens to serve in the governing body of
the NTGBA Member.
“Chapter 172” means the provisions of Chapter 172 of the Texas Local Government Code, as
such Code may be amended from time to time, and of any authoritative regulations and rules
promulgated under such Code.
“Chapter 791” means the provisions of Chapter 791 of the Texas Government Code, as such
Code may be amended from time to time, and of any authoritative regulations or rules
promulgated under such Code.
4. Establishment of NTGBA Risk Pool. In furtherance of the purposes of this Agreement, a risk
pool, to be known as the NTGBA Risk Pool, is hereby established pursuant to Chapter 172. The
NTGBA Risk Pool shall be a separate legal entity with all of the contracting and other power and
authority provided for in Chapter 172. The Risk Pool shall be governed by a Board of Trustees
who shall consist of the members of the NTGBA Board, as it is constituted from time to time.
The Risk Pool may provide any and all benefits permitted pursuant to Chapter 172 through self-
insurance or through the purchase and holding of insurance contracts in the Risk Pool.
5. Administration of Benefit Plans. The NTGBA shall be the plan administrator of all Benefit Plans
that are offered pursuant to this Agreement and the Risk Pool established hereunder. In its
capacity as plan administrator the NTGBA shall bear the ultimate responsibility for the operation
and administration of each Benefit Plan. In particular, the NTGBA as Plan Administrator, shall
establish, by contract or otherwise, claims procedures for the purpose of resolving disputes
regarding eligibility, entitlement to benefits and other issues arising under a Benefit Plan. Subject
to any rules or other provisions governing claims or other issues under the plan, the NTGBA shall
have sole discretion to settle and determine any such matter or issue and its settlement or
determination shall be final. The NTGBA, as plan administrator, may delegate any of its
functions as plan administrator to other persons, including employees or Officials of any of the
NTGBA Members.
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6. Governance.
a. The North Texas Government Benefit Alliance (sometimes referred to herein as the
“NTGBA”) is hereby created pursuant to Chapter 791 as an administrative agency to
supervise the performance of this Agreement. The NTGBA shall be governed and
managed by a Board of Trustees in accordance with this Agreement and the Bylaws of
the NTGBA attached as Appendix A hereto, which is incorporated herein and made a
part hereof for all purposes.
b. It is the intention of the NTGBA Members that the NTGBA shall have any and all
powers, rights, privileges, and immunities granted under this Agreement and the laws of
the State of Texas as now exist or which may in the future be enacted.
c. The Board shall have the authority to amend the Bylaws (in accordance with the terms of
the Bylaws) at any time as may be necessary, in the discretion of the Board, to carry out
the purposes of this Agreement.
d. All monies paid by NTGBA Members to the NTGBA under this Agreement, including
membership fees, are for services rendered, premiums for stop-loss or other insurance
and administrative costs. NTGBA Members have no equity rights in any of the assets or
property of the NTGBA or the Risk Pool. Assets of the NTGBA or the Risk Pool remain
the assets of each respective entity until such time as this Agreement may terminate as
provided for herein, or such entities are dissolved.
7. Powers and Duties.
a. Each NTGBA Member agrees to support the purposes for which the NTGBA is created
by, among other things:
(1) the regular attendance, through its Delegates, at scheduled meetings of the
NTGBA;
(2) prompt and accurate reporting of information necessary for the operation of
Benefit Plans, including, without limitation, the identity of eligible employees;
(3) prompt remittance of funds to the NTGBA.
b. NTGBA Members agree to use their best efforts to cooperate and work together,
whenever possible and feasible, in all matters relating to the development of Benefit Plan
designs, pricing for such plans (including their administration) and promoting and
making such plans available to all NTGBA Members in order that NTGBA Members and
their employees may benefit from resulting risk and pricing stabilities.
c. Members shall provide such information and/or data, such as employee census data, as
may be necessary to carry out the purposes of this Agreement
d. Members shall comply with the recommendations and standards developed under this
Agreement.
8. Effectiveness and Term.
This Agreement, together with all appendices hereto, shall be effective, as of the date first shown
above, upon execution of it, in accordance with Section 14 hereof, by all of the following parties:
Town of Double Oak; City of Argyle; City of Decatur; City of Krum; City of Everman; City of
Justin; Town of Trophy Club; City of Haslet; Town of Ponder; City of Bridgeport; Town of Cross
Roads; Benbrook Water District; City of Springtown; City of Lake Dallas; Town of Northlake;
City of Haslet; City of Benbrook; and City of Lake Worth. The term of this Agreement shall be
one (1) year from the date hereof and shall automatically be renewed on each anniversary of the
commencement date.
9. Applicable Law.
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The law of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Agreement. Venue for any action based in whole or part on this agreement is
in Denton County, Texas.
10. Severability.
If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or
future laws, the legality, validity and enforceability of the remaining provisions of this Agreement
shall not be affected thereby and this Agreement shall be liberally construed so as to carry out the
intent of the parties to it.
11. Termination and Dissolution.
This Agreement, the NTGBA and the Risk Pool shall terminate when there are less than ten
NTGBA Members or upon recommendation of the Board of Trustees and approval of all NTGBA
Members. No Member shall have any right of partition or similar right or ability to dissolve the
NTGBA or the Risk Pool or to terminate this Agreement or to make a claim against, acquire, or
levy against any of the property or assets of the NTGBA or the Risk Pool. Upon dissolution, the
current NTGBA Members shall be entitled to receive any net assets of the NTGBA in a formula
agreed upon by the Board of Trustees of the NTGBA. The dissolution of the assets of the Risk
Pool upon dissolution shall be determined by the terms of the NTGBA Risk Pool Trust. Subject
to the foregoing and the terms and obligations of the Benefits Plans, any NTGBA Member may
elect, subject to the Minimum Benefit Requirements, to withdraw from the Agreement at any
time.
12. Amendment.
This Agreement shall not be amended or modified other than in a written agreement signed by at
least 10 of the parties hereto, or as otherwise provided for under the Bylaws.
13. Exclusive Right to Enforce.
The NTGBA and the NTGBA Members have the exclusive right to bring suit to enforce this
Agreement and no other person may bring suit, as a third party beneficiary or otherwise, to
enforce this Agreement.
14. Execution.
This Agreement may be executed in multiple counterparts executed by one or more parties
hereto, such that all counterparts together shall constitute one agreement. Future parties to this
Agreement may indicate their assent to, and execution of, the Agreement by executing and
delivering to the NTGBA Board an Interlocal Participation Agreement.
15. Notices.
All notices and communications under this Agreement shall be in writing and shall be deemed
given when deposited in the United States Postal Service, with proper postage affixed, by
certified mail, return receipt requested, or actually delivered, (i) to the NTGBA at the address
given below or to such other address as the Board of Trustees of the NTGBA may later designate
by amendment to the Bylaws of the NTGBA or (ii) to an NTGBA Member at the address shown
for such NTGBA Member on the signature pages below, or in an Interlocal Participation
Agreement, or to such other address as such NTGBA Member may later designate in a notice
given to the NTGBA:
North Texas Government Benefit Alliance
Attn: Lenora Fair, PHR
PO Box 1299
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Decatur Texas 76234-1299
IN WITNESS WHEREOF, this Agreement has been executed below by the duly authorized
official of each of the parties hereto.
Participating Entity:__________________________
(print or type)
By: ______________________________________
Title : _____________________________________
Mailing Address: ____________________________
Phone: ____________________________________
Facsimile:__________________________________
E-Mail:____________________________________
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action relative to an Ordinance amending Chapter 10
entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of
Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection B.
EXPLANATION:
This amendment brings our ordinance language in line the State Transportation Code with regard
to parking restrictions and specifically prohibits parking between 22 and 42 West Hillside Place,
which is on the east side of the street. No parking signs have been in place for some time to
ensure emergency vehicle access since this roadway is used for overflow parking for Harmony
Park.
All the areas where parking is specifically prohibited in our existing ordinance are also provided
for Council review. Historically, parking has been prohibited on Indian Creek and Trophy Club
Drive unless the homes face the roadway. This helps improve visibility for drivers traveling on
Indian Creek and Trophy Club Drive as well as drivers entering from the side streets. The
language in our ordinance reflects that policy and staff would recommend against it being
changed.
We have received complaints about residents parking on the newly designated shoulder of Indian
Creek where parking is prohibited. While signage is not currently present in all the areas, some
drivers are parking on the shoulder in front of the no parking signs. If reviewed and reaffirmed
by the Town Council, no parking signs would be placed in the appropriate areas to make drivers
aware of the restrictions. In addition, resident communication would be provided via all
available means to help educate the residents on the restrictions.
RECOMMENDATION:
Staff recommends approval.
(bg)
Attachments: 1. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.4
Discuss the use of a Pre Council Workshop prior to each council Meeting.
EXPLANATION:
The purpose of a pre-council workshop is to allow for the free exchange of ideas and suggestions regarding items
posted on the agenda. The use of a workshop setting will also allow for increased input from staff providing for a
more conversational approach to problem solving.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.5
Discuss and provide input regarding an Ordinance amending Article VI, "Town
Council Rules of Procedure", of Chapter 1 of the Code of Ordinances, entitled
“Administration”.
EXPLANATION:
Amendments to the Council Procedures Ordinance were discussed at the July 10, 2006 meeting.
Those revisions were drafted; however, during the review process additional changes were
discovered. All proposed changes to existing sections are shown with strike through and
highlighting. Additionally, a copy of the existing Council Procedures Ordinance has been
provided in its entirety in the event that Council members wish to propose any other revisions or
additions to policies.
RECOMMENDATION:
Staff recommends these changes.
ACTION BY COUNCIL:
(lmr / paa)
Attachments: 1. Current procedures
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C. Types of Meetings
1. Regular Meetings.
The Town Council shall meet in the Council/Board Room at the Municipal Utility
District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third
Monday of each month to be scheduled for 7:30 7:00 p.m. o’clock, unless
otherwise officially changed by the Town Council. At 11:00 p.m. a record vote
shall be taken to determine if the meeting shall continue past 11:00 p.m.
E. Order of Business.
1. Agenda: The order of business of each meeting shall be as contained in the
Agenda in the order established prepared by the Mayor. The Town Secretary
shall prepare the agenda. The agenda shall be a listing of topics to be
considered by the Town Council and delivered to members of the Town Council
each Wednesday Thursday preceding the Monday meeting to which it pertains.
2. Presentations by Members of Town Council – Future Agenda Items: The
agenda shall provide a time when the Mayor or any Town Council member may
bring before the Town Council any business that the Town Council member
believes should be deliberated upon by the Town Council at a future meeting of
the Town Council. These matters need not be specifically listed on the agenda,
but discussion and formal action on such matters shall be deferred until a
subsequent Town Council meeting. Immediate action may be taken upon a
vote of two-thirds of all members of the Town Council who are present,
provided that the requirements of Chapter 551 Texas Government Code have
been met.
4. Presentations by Citizens: Presentations by citizens, with or without prior
notification, shall be limited to a total of six minutes, with three minutes of time
allowed prior to Council discussion and three minutes of time allowed
subsequent to Council discussion but before the Chair calls for a vote. It is
within the discretion of the Chair to reasonably extend those limits. Citizens
must turn in a completed “Request to Speak” form to the Town Secretary.
Presentations by representative(s) of organized groups, with or without prior
notification, shall be limited to a total of six minutes, with three minutes of time
allowed prior to Council discussion and three minutes of time allowed
subsequent to Council discussion but before the Chair calls for a vote. It is
within the discretion of the Chair to reasonably extend those limits. A “Request
to Speak” form must be completed and turned in to the Town Secretary.
The foregoing rules and time limitation do not shall also apply to citizens
appearing at a public hearing being held by the Town Council pursuant to any
official notice thereof.
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All citizens shall refrain from private conversations in the chamber while the
Town Council is in session.
Citizens attending Town Council meetings shall observe the same rules of
priority, decorum, and good conduct applicable to the administrative staff. Any
persons making personal, impertinent, or slanderous remarks, or who becomes
boisterous while addressing the Town Council or while attending the Town
Council meeting, shall be removed from the room if the Chief of Police (or his
representative) is so directed by the Mayor/Chairman, and such person shall be
barred from further audience before the Town Council during that session of the
Town Council.
Unauthorized remarks from the audience, stamping of feet, whistles, yells and
similar demonstrations shall not be permitted by the Mayor/Chairman, who shall
direct the Chief of Police to remove such offenders from the room.
In case the Chairman shall fail to act, any other of the Town Council may move
to require the Chair to enforce the rules, and the affirmative vote of a majority of
all members present of the Town Council shall require the presiding officer to
act.
No placards, banners or signs of any kind shall be permitted in the Council
Chamber unless exhibits, displays and visual aids are used in connection with
presentations to the Town Council, provided that such exhibits, displays and
visuals aids do not disrupt the meeting.
5 Oral Presentations by Town Manager: Matters requiring the Council’s attention
or action which may have developed since the deadline for delivery of the
written communication to the Council may, upon approval of the Council, be
presented orally by the Town Manager for informational purposes only in
accordance with Chapter 551 Texas Government Code.
6. Seating Arrangements: The Town Manager, Town Secretary and Town
Attorney, and Chief of Police shall occupy the respective seats in the Council
Chamber assigned to them by the Chairman/Mayor, but any two (2) or more of
the Town Council may exchange seats.
H. Parliamentary Motions and Precedence.
1 Discussion of Items: Each agenda item shall be considered open for discussion
when announced by the Chair; thus, a main motion to consider the item is not
necessary properly made and approved by a majority of the Council. as a
prerequisite to discussion. If a member wishes to challenge an agenda item on
the basis that the item is not a proper topic for Council discussion, such
member shall state that he or she “objects to the consideration of the question”.
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This action does not require a second. When the objection is made, the Chair
shall immediately call the question: “Will the assembly consider this question?”
If 2/3 of the members vote “no”, the question cannot be introduced. An
objection to consideration of a question must be made when the item is first
introduced and before it has been debated. A motion for appropriate action
shall be made after discussion of an item has been concluded.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.6
Discuss and provide input regarding an ordinance amendment to Chapter 10,
entitled "Public Safety" of the Trophy Club Code of Ordinances, by adding Article
XII, entitled "Registered Sex Offenders", prohibiting designated persons from
residing within 1,000 feet of premises where children gather.
EXPLANATION:
This item is simply for discussion purposes. If staff is directed to proceed, the amended
Ordinance will be placed on the August 21, 2006 Consent Agenda.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Recommended Changes
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Chapter 10 Public Safety
Article XII, entitled "Registered Sex Offenders"
Section 12.01-12.06
“ARTICLE XII. REGISTERED SEX OFFENDERS
Sec. 12.01 Definitions.
For the purposes of this article, the following terms, words, and the derivations thereof
shall have the meanings given herein:
Database means the Texas Department of Public Safety’s Sex Offender Database.
Minor means a person younger than seventeen (17) years of age.
Permanent Residence means a place where a person abides, lodges, or resides for
fourteen (14) or more consecutive days.
Temporary Residence means a place where a person abides, lodges, or resides for a
period of 14 or more days in the aggregate during any calendar year and which is not the
person’s permanent residence, or a place where a person routinely abides, resides, or
lodges for a period of 4 or more consecutive days or nonconsecutive days in any month
and which is not the person’s permanent residence.
Sec. 12.02 Offenses.
For each person required to register on the Texas Department of Public Safety’s Sex
Offender Database because of a violation involving a victim who was a minor, it is
unlawful for that person to establish a permanent residence or temporary residence in the
Town within 1,000 feet of any premises where children commonly gather, including a
public or private school, day-care facility, public park, playground, public or private
youth center, public swimming pool, or video arcade facility. For the purposes of this
article, planted street medians shall not be considered public parks.
Sec. 12.03 Evidentiary matters; measurements.
(a) It shall be prima facie evidence that this article applies to a person if that person’s
record, or records pertaining to that person, appears on the Database and the Database
indicates that the victim was a minor.
(b) For the purposes of determining the minimum distance separation, the 1,000-foot
requirement shall be measured by following a straight line from the outer property line of
the permanent or temporary residence to the nearest property line of the premises where
children commonly gather, or, in the case of multiple residences on one property,
measuring from the nearest property line of the property where the multiple residences
are situated to the nearest property line of the premises where children commonly gather.
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(c) A map depicting the prohibited areas shall be maintained by the Town of Trophy
Club. The Town shall review the map at least annually for changes. The map will be
available to the public at the Trophy Club Police Department.
Sec. 12.04 Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the proof
of an offense defined by this article, and any offense shall be considered a strict liability
offense.
Sec. 12.05 Affirmative defenses.
It is an affirmative defense to the prosecution of an offense under this article that
any of the following conditions apply:
(1) The person required to register on the Database established his/her permanent
or temporary residence in the Town prior to the effective date of this article, and
has complied with all sex offender registration laws of the State of Texas.
(2) The person required to register on the Database is a minor, or was a minor
when he/she committed the offense requiring such registration and was not
convicted as an adult.
(3) The premises where children commonly gather was opened or began to be
used as such after the person established the permanent or temporary residence, and
the person has complied with all sex offender registration laws of the State of
Texas.
(4) The information in the Database pertaining to that person is incorrect and, if
corrected, this article would not apply to that person.
Sec. 12.06 Penalty.
Any person violating the provisions of this article shall, upon conviction, be punished by
a fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.”
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.7
Discuss and provide input regarding an amendment to Chapter 8, entitled
"Nuisances" of the Trophy Club Code of Ordinances, by amending Sections 4.01 –
4.05 to Article IV, entitled "Abandoned and Junk Vehicles".
EXPLANATION:
Ordinance has been modified to reflect current state laws regarding abandoned and junked
vehicles.
RECOMMENDATION:
This item is simply for discussion purposes. If staff is directed to proceed, the amended
Ordinance will be placed on the August 21st Consent Agenda.
(bg)
Attachments: 1. Recommended changes.
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Article IV
Abandoned and Junk Vehicles
Section 4.01 Definitions
A. For the purposes of this Article, the following definitions apply, to wit:
1. Abandoned Motor Vehicle: A motor vehicle that is inoperable and more than five (5) years old and left
unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained
illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicle that has
remained on private property without the consent of the owner of person in control of the property for
more than forty-eight (48) hours, or a motor vehicle left unattended on the right-of-way of a designated
county, state or federal highway within the Town for more than forty-eight (48) hours.
2. Antique Auto: A passenger car or truck that is at least twenty-five (25) years old.
3. Collector: The owner of one or more antique or special-interest vehicles, who collects, purchases,
acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in
order to restore, preserve and maintain an antique or special interest vehicle for historic interest.
4. Garagekeeper: An owner or operator of a motor vehicle storage facility or establishment for the
servicing, repair or maintenance of a motor vehicle.
5. Junked Vehicle: A vehicle that is self-propelled and:
a. That does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle
safety inspection certificate, and
b. That is wrecked, dismantled, and/or partially dismantled, or discarded; or
c. That is inoperable for a continuous period of more than:
(i) Seventy-two (72) consecutive hours, if the vehicle is on public property or
(ii) Thirty (30) consecutive days if the vehicle is on private property.
6. Motor Vehicle: Means a self-propelled vehicle, as defined by the Texas Transportation Code.
7. Police Department: The police department of the Town of Trophy Club.
8. Special Interest Vehicle: A motor vehicle of any age that has not been altered or modified
from original manufacturer’s specifications and, because of its historic interest, is being
preserved by hobbyists.
9. Storage Facility: A garage, parking lot, or any type of facility or establishment for the
servicing, repairing, storage or parking of motor vehicles.
10. Texas Transportation Code or Transportation Code: Any reference in this Article to the Texas
Transportation Code or Transportation Code shall include future amendments and revisions to that Code.
11. Vehicle: Means a device that can be used to transport or draw persons or property on a highway, as
defined by the Texas Transportation Code.
Section 1.02 Abandoned Motor Vehicles
A. Authority to Take Possession
1. The police department may take into custody an abandoned motor vehicle found on public or private
property. The police department may employ its own personnel, equipment and facilities, or when
specifically authorized by the Town Council, hire persons, equipment, and facilities to remove, preserve
and store an abandoned motor vehicle it takes into custody.
B. Notice
1. In the event the police department takes into custody an abandoned motor vehicle, it shall notify not
later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known
registered owner of the motor vehicle an all lienholders of record pursuant to Section 683.012 of the
Texas Transportation Code, that the vehicle has been taken into custody. The notices shall describe the
year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the
location on the facility where the motor vehicle, set forth the location of the facility where the motor vehicle
is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than
the twentieth day after the date of the notice, on payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody, or garagekeeper’s charges, if applicable or other applicable
delinquent administrative penalty costs. The notice shall also state that the failure to reclaim the vehicle
within the time provided constitutes a waiver by the owner and lienholders of all right, title and interest in
the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
2. If the identity of the last registered owner cannot be determined, if the registration contains
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no address for the owner, or if it is impossible to determine with reasonable certainty the identity and
address of all lienholders, notice by one publication in one newspaper of general circulation in the Town is
sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be
published within the time requirements prescribed for notice by certified mail, and shall have the same
contents required for a notice by certified mail.
C. Storage Fees
When the police department has taken custody of an abandoned motor vehicle, the Town shall be entitled
to reasonable storage fees for:
1. A period of not more than ten (10) days beginning on the day the department takes custody and
continuing through the day the department mails notice as provided by this section; and
2. A period beginning on the day after the department mails notice and continuing through the day any
accrued charges are paid and the vehicle is removed.
D. Sale of Other Disposition
1. If an abandoned motor vehicle has not been reclaimed as provided, the police department may sell the
abandoned motor vehicle at a public auction or use the vehicle for agency purposes as allowed by
§683.016. Such auction shall be held as required by and in accordance with the provision of Section
683.014 of the Texas Transportation Code. If the Police Department elects to use the vehicle, the
Lieutenant shall auction the vehicle in accordance with Chapter 683 of the Transportation Code when the
agency discontinues use of the vehicle.
2. The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be in
accordance with Sections 683.014 of the Texas Transportation Code.
3. The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with
regard thereto shall be in accordance with Section 683.014 of the Texas Transportation Code.
Section 4.03 Junked Vehicles
A. Declaration of Nuisances
1. A junked vehicle that is located in a place where it is visible from a public street or public right-of-way is
detrimental to the safety and welfare of the general public, tends to reduce the value of private property,
invites vandalism, creates fire hazards, constitutes an attractive nuisance, creating a hazard to the health
and safety of minors, and is detrimental to the economic welfare of the Town by producing urban blight
adverse to the maintenance and continuing development of the Town, and is a public nuisance.
2. A junked vehicle that is located in a place where it is visible only from private property is detrimental to
the safety and welfare of the general public, tends to reduce the value of private property, invites
vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and
safety of minors, and is detrimental to the economic welfare of the Town by producing urban blight
adverse to the maintenance and continuing development of the Town, and is a nuisance.
The provisions of Section 4.03(C) relating to abatement of nuisance shall not be applicable to a junked
vehicle visible only from private property. For purposes of enforcement of this Subsection (2), a complaint
may be filed in the municipal court of the Town, and the Town may pursue any remedy it may have,
whether at law or in equity, to ensure compliance with this Article.
3. A person commits an offense if that person maintains such a public nuisance or nuisance on property
owned by him or under his control.
4. A person who commits an offense under this Section is, on conviction, subject to a fine not to exceed
Two Hundred Dollars ($200.00). On conviction, the court shall order removal and abatement of the
nuisance.
B. Abatement of Nuisance Notice
1. Found on Private Property
In the event a junked vehicle constituting a public nuisance is found on private property, the
Town shall notify the last known registered owner of the junked vehicle, each lienholder of record and the
owner or occupant of the private property on which the public nuisance exists, in writing by certified mail
with a five (5) day return requested, which notice shall state the nature of the public nuisance, that such
public nuisance must be removed and abated from such private property within ten (10) days, and that a
request for a hearing must be made before expiration of the ten (10) day period. If the post office address
of the last known registered owner of the vehicle is unknown, notice to the last known registered owner
may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice
may be hand delivered. If the notice is returned undelivered by the United States Post Office, official
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action to abate the nuisance shall be continued to a date not less than eleven (11) days after the date of
the return.
2. Found on Public Property
In the event a junked vehicle constituting a public nuisance is found on public property, notice in writing
must be mailed, by certified mail with a five (5) day return requested, to the last known owner or occupant
of the junked motor vehicle, any lienholder of record and to the owner or occupant of the public premises
or to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent
to the public right-of-way on which the public nuisance exists, which shall state the nature of the public
nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated
within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day
period. If the post office address of the last known registered owner of the motor vehicle is unknown,
notice to the last known registered owner may be placed on the motor vehicle, or, if the last known
registered owner is physically located, the notice may be hand delivered. If the notice is returned
undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a
date not less than eleven (11) days after the date of the return.
C. Procedures to Abate Nuisance
1. Public Hearing
a. A public hearing shall be held before the municipal judge of the Town before the removal of a vehicle
or vehicle part constituting a public nuisance if such a hearing is requested by the owner or occupant of
the private or public premises or by the owner or occupant of the premises adjacent to the public right of
way on which the vehicle is located, within eleven (11) days after service of the notice to abate the
nuisance. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is
inoperable. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is
a public nuisance as defined herein, he shall enter an order requiring the removal of such vehicle or
vehicle part and shall in such order include a description of the vehicle and the correct identification
number and license number of the vehicle if the information is available at the site.
b. If such a public hearing is not requested, the municipal judge shall nevertheless conduct a public
relative to the removal and abatement of the nuisance. If, after such public hearing, the municipal judge
determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order
as outlined in the immediately preceding paragraph. In addition, the Town may file a complaint in a
appropriate court seeking injunctive relief and/or any other legal remedy available to
it.
2. In the event of removal of a junked vehicle as provided herein, notice shall be given to the
State Department of Highways and Public Transportation not later than the fifth (5th) day after the
date of removal. Such notice must identify the vehicle or vehicle part.
3. Any junked vehicle constituting a nuisance hereunder, which is removed from either private
or public property, shall not be reconstructed or made operable after removal.
4. The relocation of a junked vehicle that is a public nuisance to another location within the Town after a
proceeding for abatement and/or removal has been commenced shall have no effect if the junked vehicle
constitutes a public nuisance at the new location
D. Exceptions
The procedures of the Section shall not apply to a vehicle or vehicle part that is completely enclosed
within a building in a lawful manner where it is not visible from the street or other public or private
property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed, operable, or
inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the
vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health
hazard and are screened from ordinary public view by means of a fence, rapidly growing trees,
shrubbery, or other appropriate means.
E. Authority to Enforce
The Chief of Police, Town Building Official, Code Enforcement Officer or their respective designees shall
be and are hereby authorized to administer the terms of this Article and such other persons may enter
private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information
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as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part and shall be
authorized to issue orders necessary to enforce the procedures of this Subsection.
Section 4.04 Obstruction of Traffic
A. This Article shall not affect any law authorizing the immediate removal, as an obstruction to traffic,
of a vehicle left on public property.
B.
Section 4.05 Penalty
A. It shall be unlawful for any person to violate any provision of this Article, and any person violating or
failing to comply with any provision hereof shall be fined, upon conviction, in an amount not to exceed
Two Hundred Dollars ($200.00) for each offense, and a separate offense shall be deemed committed
each day during or on which a violation occurs or continues.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.8
Discuss and provide input regarding an Ordinance appointing a Records
Management Officer and regulating records management by the Town.
EXPLANATION:
State law requires that the Town designate either a person or an office as its Records
Management Officer. Currently the position of Computer Support Specialist functions as the
Records Management Officer. The proposed revisions update the Records Management
Ordinance to designate the Records Management Officer and to update procedural requirements
in accordance with state law.
Due to the number and extent of revisions the current Ordinance will be repealed and the
following language will be adopted under a new Ordinance.
RECOMMENDATION:
Staff recommends approval of this Ordinance.
The Town Council designation of the name, office, or position of the Records Management
Officer shall be entered into the minutes of the Town Council meeting at which such designation
is made.
ACTION BY COUNCIL:
Attachments: 1. Ordinance Language
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Policy
A. It is hereby declared to be the policy of the Town of Trophy Club to provide for
efficient, economical, and effective controls over the creation, distribution,
organization, maintenance, use, and disposition or all municipal records through a
comprehensive system of integrated procedures for the management of records from
their creation to their ultimate disposition, consistent with the requirements of the
Texas Local Government Records Act and accepted Records Management Practice.
Definitions
A. “Commission” means the Texas State Library and Archives Commission.
B. “Custodian of Records” means the appointed public officer(s) who by ordinance or
administrative policy is in charge of an office that creates or receives local government
records.
C. “Director and Librarian” means the executive and administrative officer of the Texas State
Library and Archives Commission.
D. “Essential record” means any local government record of the Town of Trophy Club
necessary to the resumption or continuation of operations of the Town of Trophy Club in
an emergency or disaster, to the re-creation of the legal and financial status of the Town,
or to the protection and fulfillment of obligations to the people of the state.
E. Local Government Record means any documents, papers, letters, books, maps,
photographs, sound or video recordings, microfilm, magnet tape, electronic media, or
other information recordings media, regardless of physical form or characteristic and
regardless of whether public access to it is open or restricted under the laws of the state,
created or received by Town of Trophy Club or any of its officers or employees pursuant
to law or in the transaction of public business are hereby declared to be the records of the
Town of Trophy Club and shall be created, maintained, and disposed of in accordance
with the provisions of this ordinance or procedures authorized by it and in no other
manner. The term does not include:
1. Extra identical copies of documents created only for convenience of reference or
research by officers or employees of the Town;
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2. Notes, Journals, diaries, and similar documents created by an officer or employee
of the Town for the officers’ or employee’s personal convenience;
3. Blank forms;
4. Stocks of publications;
5. Library and museum materials acquired solely for the purposes of reference or
display;
6. Copies of documents in any media furnished to members of the public to which
they are entitled under Chapter 552, Government Code, or other state law; or
7. Any records, correspondence, notes, memoranda, or documents, other than a final
written agreement described by Section 2009.054(c), Government Code,
associated with a matter conducted under an alternative dispute resolution
procedure in which personnel of a state department or institution, local
government, special district, or other political subdivision of the state participated
as a party, facilitated as an impartial third party, or facilitated as the administrator
of a dispute resolution system or organization.
F. “Permanent records” or “Record of Permanent Value” means any record of the Town of
Trophy Club for which the retention period on a records retention schedule issued by the
Texas State Library and Archives Commission is given as permanent.
G “Records Control Schedule” means a document prepared by or under the authority of the
Records Management Officer listing the records maintained by the Town of Trophy
Club, their retention periods, and other records disposition information that the Town’s
records management program may require.
H. “Records management” means the application of management techniques to the creation,
use, maintenance, retention, preservation, and disposal of records for the purposes of reducing
the costs and improving the efficiency of recordkeeping. The term includes the development of
Records Control Schedules, the management of filing and information retrieval systems, the
protection of essential and permanent records, the economical and space-effective storage of
inactive records, control over the creation and distribution of forms, reports, and correspondence,
and the management of micrographics and electronic and other records storage systems.
I. “Records Liaison Officers” mean the persons designated by the Town Manager to
interface with Town departments and the public and to perform such other duties as
assigned.
J. “Records Management Officer” means the person or position designated in this
Ordinance as the records management officer and his or her successor.
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K. “Records Management Plan” means the plan developed under Section 7 of this
ordinance.
L. Records Retention Schedule” means a document issued by the Texas State Library and
Archives Commission under authority of the Texas Government Code, as amended,
establishing mandatory retention periods for local government records.
M. “Retention period” means the minimum time that must pass after the creation, recording,
or receipt of a record, or fulfillment of certain actions associated with a record, before it
is eligible for destruction.
Municipal Records Declared Public Property
A. All municipal records as defined in this Ordinance are hereby declared to be the property
of the Town of Trophy Club. No municipal official or employee has, by virtue of his or
her position, any personal or property right to such records even through he or she may
have developed or compiled them. The unauthorized destruction, removal from files, or
use of such records is prohibited.
Designation of Records Management Officer
A. The office of Computer Support Specialist of the Town, and successive holders and
designees of said office, shall serve as Records Management Officer for the Town of
Trophy Club. As provided by state law, each successive holder of the office shall file his
or her name with the director and librarian of the Texas State Library within thirty days
of the initial designation or of taking up the office, as applicable. The Town Council
designation of the name, office, or position of the Records Management Officer shall be
entered into the minutes of the Town Council meeting at which such designation is made.
Records Management Plan to be Developed; Approval of Plan; Authority of Plan
A. The Records Management Officer under the direction of the Town Manager shall develop
a Records Management Plan for the Town of Trophy Club for submission to and
approval by the Town Council. The plan shall be adopted by ordinance and must
provide methods and procedures to enable the Town Council, Custodian of Records, and
Records Management Officer to fulfill the duties and responsibilities set out in the Texas
Local Government Code, Sections 203.021, 203.022, and 203.023, as amended,
concerning the management and preservation of records. A copy of the ordinance shall
be filed by the Records Management Officer with the Director and Librarian within 30
days after the date of its adoption. The plan shall also contain policies and procedures
designed to reduce the costs and improve the efficiency of recordkeeping, to adequately
protect the essential records of the municipality, and to properly preserve those records of
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the municipality that are of historical value. The plan must be designed to enable the
Records Management Officer to carry out his or her duties prescribed by state law and
this ordinance effectively.
B. Once approved by the Town Council, the Records Management Plan shall be binding on
all offices, departments, divisions, programs, commissions, bureaus, boards, committees,
or similar entities of the Town of Trophy Club and records shall be created, maintained,
stored, microfilmed.
C. State law relating to the duties, other responsibilities, or recordkeeping requirements of a
Custodian of Records does not exempt him or her or the records in his or her care from
the application of this ordinance and the Records Management Plan adopted under it, nor
may it be used by the Custodian of Records as a basis for refusal to participate in the
Records Management Program of the Town of Trophy Club.
Duties of Records Management Officer
A. In addition to other duties assigned in this ordinance and state law, the Records
Management Officer shall:
1. Assist in establishing and developing policies and procedures for a Records
Management Program; and
2. Administer the Records Management Program and provide assistance to Town
Staff for the purposes of reducing the costs and improving the efficiency of
recordkeeping; and
3. In cooperation with the Custodian of Records shall:
(a) Prepare and file the records control schedules and amended schedules
required by Section 203.041 and the list of obsolete records as provided by
Section 203.044 as amended, of the Texas Local Government Code; and
(b) Prepare or direct the preparation of requests for authorization to destroy
records not on an approved control schedule as provided by this
Ordinance; and
(c) Identify and take adequate steps to preserve local government records that
are of permanent value; and
(d) Identify and take adequate steps to protect essential local government
records;
(e) Ensure that the maintenance, preservation, microfilming, destruction, or
other disposition of records is carried out in accordance with the policies
and procedures of the Town’s Record Management Program and the
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requirements of state law, including rules and policies adopted under that
Program; and
(f) Disseminate to the Town Council and Custodians of Records information
concerning state laws, administrative rules, and the policies of the Town
relating to Town records; and
(g) Establish procedures to ensure that the handling of records in any context
of the records management program by the Records Management Office
or those under the officer’s authority is carried out with due regard for:
i. The duties and responsibilities of Custodians that may be imposed by
law; and
ii. The confidentiality of information in records to which access is
restricted by law.
Records Control Schedules to be Developed; Approval; Filing with State
A. The Records Management Officer, acting under the direction of the Town Manager, shall
prepare Records Control Schedules on a department by department basis listing all
records created or received by the department and the retention period for each record.
Records control schedules shall also contain such other information regarding the
disposition of municipal records as the Records Management Plan may require.
B. Each Records Control Schedule shall be monitored and amended as needed by the
Records Management Officer on a regular basis to ensure that it is in compliance with
records retention schedules issued by the state and that it continues to reflect the
recordkeeping procedures and needs of the department and the Records Management
Program of the Town of Trophy Club.
C. Before its adoption a Records Control Schedule or amended schedule for a department
must be approved by the Town Manager.
D. Before its adoption a Records Control Schedule must be submitted and accepted for filing
by the director and librarian as provided by state law. If a schedule is not accepted for
filing, the schedule shall be amended to make it acceptable for filing. The Records
Management Officer shall submit the Records Control Schedules to the director and
librarian.
Implementation of Records Control Schedules; Destruction of Records Under Schedule
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A. A Records Control Schedule for a department that has been approved and implemented in
accordance with the policies and procedures of the Records Management Plan.
B. A record whose retention period has expired on a Records Control Schedule shall be
destroyed unless an open records request is pending on the record, the subject matter of
the record is pertinent to a pending lawsuit, or a department head requests in writing to
the Records Management Committee that the record be retained for an additional period.
C. Prior to the destruction of a record under an approved Records Control Schedule,
authorization for the destruction must be obtained by the Records Management Officer
from the Town Manager.
Destruction of Unscheduled Records
A. A record that has not yet been listed on an approved Records Control Schedule may be
destroyed if its destruction has been approved in the same manner as a record destroyed
under an approved schedule and the Records Management Officer has submitted to and
received back from the director and librarian an approved destruction authorization
request.
Records Center
A. A records center, developed pursuant to the plan required by this Article shall be under
the direct control and supervision of the Records Management Officer. Policies and
procedures regulating the operations and use of the records center shall be contained in
the Records Management Plan developed hereunder.
Alternative Storage Methods
A. All electronic, digital or other storage of records authorized under the Records
Management Plan shall be centralized and under the direct supervision of the Records
Management Officer. The Records Management Plan shall establish policies and
procedures for the storage of municipal records, including policies to ensure that any
alternative storage method is utilized in accordance with standards and procedures for the
local government records established in rules of the Texas State Library and Archives
Commission. The plan shall also establish criteria for determining the eligibility of
records for alternative storage methods and protocols for exempting records from the
centralized process; provided however, that exempted records are still subject to periodic
review by the Records Management Officer as to cost-effectiveness, administrative
efficiency, and compliance with commission rules.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.9
Discuss and take appropriate action to approve Minutes dated, July 24, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Minutes dated July 24, 2006
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MINUTES OF A BUDGET WORKSHOP/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 24, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular Session on Monday,
July 24, 2006. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
Philip Sterling Council Member
TOWN COUNCIL MEMBERS ABSENT:
Roger Williams Mayor Pro Tem
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Interim Police Chief
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
A.1 Mayor Sanders called the Regular Session to order at 6:08 p.m. noting a quorum was present.
A.2 Brandon Emmons gave the invocation.
A.3 Council member Cates led the pledges.
TOWN COUNCIL CONVENED INTO A BUDGET WORKSHOP AT 6:10 P.M.
*BUDGET WORKSHOP
A.4 Budget Workshop
Discuss the Fiscal Year 2006-07 Proposed Budget.
The budget was reviewed department by department.
Brandon Emmons explained the logic behind the increase of Revenues is due to franchise fees, court and
public safety, waste service, permit and building fees. Currently, there is an estimated increase of revenue
in electric and gas of about 53,000, an increase of 14,000 in waste service franchise, an increase of 85,000
in permit and building and an increase of 81,100 in storm fees.
Merits raises were removed from the presented budget and a salary line was added with the intent to allow
for a true merit system. The salary lines for the addition of the new Police and Fire Chiefs were adjusted.
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Roger Unger pointed out that the projections were updated to June 30 with the biggest change to the permit
line. At this point staff will not continue to update the projections, but will continue to monitor and report
on any items that may not make it.
Roger Unger commented that the current valuation is based on 680 million, but believes that 670 is more
attainable. Unger stated that both MUDs have stated their intent to lower the tax rate and the School
District lowered their taxes as well.
Sakura Dedrick mentioned the $17,000 adjustment to cell phones; $10,000 was adjusted for the Town and
$7,000 for the MUDs.
Council member Lamont questioned the $5,000.00 affluent water irrigation budgeted under Parks and
Recreation asking if we should raise this amount or verify that the transition could be completed.
Mayor Sanders called a three minute break.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 7:20 P.M.
*REGULAR SESSION
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.
Scott Voigt - 540 Timber Ridge Drive addressed Council stating that by eliminating the Captain’s positions in both
the Police and Fire Department will only add to the shortage of staff and feels that the departments are
loosing ground.
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.
Administration:
Trophy Club Women’s Club, Resident Green Books are now sale at the Town Offices
Trophy Club Support of Troops -Thanks to everyone who contributed to our American Supporting Americans
program at the 4th of July event. We raised $411which will go to pay postage for shipping 86 packages to our troop
in August. We have the funds needed for postage, but we are short on donations of items. You can bring your
donated items by the town offices.
Development -The Town was recently informed that the contract between Beck Properties and Horton Development
has expired. At this time, it does not appear that D.R. Horton Development will be developing the tract of land for
which zoning was recently approved.
Zoning attaches itself to property and not the party requesting the zoning change. Any new party involved in
developing this land will be required to comply with all stipulations found in Planned Development 27 (PD-27).
The Town’s stance regarding negotiations between two private entities have no bearing on business of the Town.
From a planning perspective, the Town is preparing for several different scenarios to insure that all issues can be
dealt with accordingly. It has come to the attention that Centurion American is negotiating with Beck Properties
regarding the development of the proposed site. We will release information as it becomes available.
Community Development:
Streets and Infrastructure
Traffic Calming – Striping has begun on Indian Creek and is expected to be completed this week. Signage will be
installed after the entire route is marked.
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Crosswalks – The crosswalks will be re-striped, beginning the week of July 31st in preparation for the beginning of
school on August 10th.
Highway 114 Extension – State Comptroller Carol Keeton-Strayhorn’s office contacted the Town last week
regarding local transportation projects and the Highway 114 extension was listed as Trophy Club’s highest priority.
In a speech to the Metroport Chamber of Commerce and in an interview with the Star Telegram last Wednesday,
Ms. Keeton-Strayhorn supported this project.
Parks and Recreation:
The community pool will be open weekday evenings from 5 until 8 beginning August 7.
Police and Fire Services:
Police Services
On Saturday, August 12, the Police Department will participate with the Trophy Club Country Club in hosting a
"Child Safety Day" at their facility. The Police Department has chosen to join the country club in this worthwhile
event in lieu of police sponsored National Night Out activities. The "Child Safety Day" does not involve direct
funding from the Town. The following information/activities are planned:
Food, Drinks and various children's activities
Bounce House
Bicycle Safety/Mini-rodeo
Child Identity Kits
Gun Safety Locks
Fatal Vision Goggles
Home Alone Personal Kits
Property Identification Information
Home Inspection Information
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:26 P.M.
PUBLIC HEARING
C.1 Public Hearing:
Consider a request for zone change from R-12 Single Family Residential to CR - Commercial Recreation for an
approximate 4.038 acre tract of land located generally to the East and the South of the Municipal Utility
District Wastewater Treatment Plant Facility, and being part of the Mary Medlin Survey, A-832, Applicant:
Beck Properties. (ZCA-06-010)
Kerin Fleck explained that the request is for zone change of an approximate 4.038-acre tract of land located
generally to the South and Southeast of the Southwestern portion of the Municipal Utility District
Wastewater Treatment Plant Facility. The property is currently zoned R-12 Single Family Residential and
abuts the Treatment Plan on the plant’s southern boundary, and abuts the golf course to the south. Beck
Properties received a zone change on the 1.751-acre tract of land east of the Wastewater Treatment Plant
back in March of this year. Since that time, they have opted to add additional acreage so that the entire
tract will abut the golf course property.
TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION 7:29 P.M.
*REGULAR SESSION
D.1 Discuss and take appropriate action relative to a request for zone change from R-12 Single Family
Residential to CR - Commercial Recreation for an approximate 4.038 acre tract of land located generally to
the East and to the South of the Municipal Utility District Wastewater Treatment Plant Facility, and being
part of the Mary Medlin Survey, A-832, Applicant: Beck Properties. (ZCA-06-010)
Motion made by Council member Edstrom, seconded by Council member Lamont to approve an Ordinance granting
the zone change.
Council member Cates questioned the need for extra land. Kerin Fleck stated that this was promised in the original
agreement with Club Corp.
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Council member Lamont questioned if any of the future home sites would be able to see this building. Kerin Fleck
responded that the future home site is Eagles Ridge Phase 3, however this area is heavily wooded.
Council member Sterling confirmed that the current zoning is residential, and asked for examples of allowable
buildings under CR in the Zoning Ordinance. Kerin Fleck provided the following examples; golf course,
swimming pool, gyms, municipal / public safety building, utility facilities. Council member Sterling feels
that this is a lot of land for just this purpose.
Roger Unger added that there are a lot of restrictions; a flowage easement, a road easement, making most of this
land unusable, therefore building a maintenance structure is going to be very limited especially due to the
irregular shaped land left over.
Kerin Fleck answered Council member Edstrom’s question that P & Z Commissioner Stamos opposed this zone
change as the applicant was not present at their meeting.
Motion made by Council member Edstrom, seconded by Council member Lamont to refer until the August 7th
meeting. The Council would like the applicant and, or a representative from the Country Club to be present
or to submit a statement as well as a larger image of this plat.
Motion to refer passed 3;1; with Council members Lamont, Cates and Edstrom voting for and Council member
Sterling voting against.
D.2 Discuss and take appropriate action regarding the termination of a service agreement for medical billing
and data services with Texas Medical Data Services and the approval of a new agreement with Intermedix,
Inc. for those services, and authorizing the Mayor to execute all necessary documents.
Motion made by Council member Edstrom, seconded by Council member Lamont to approve the service agreement
with Intermedix, Inc. with direction to staff to proceed with the termination notice to Texas Medical Data
Services per their contract.
Brandon Emmons commented that several revisions to the agreement were made since the packet was generated and
provided an updated copy to Council. Emmons continued that the purpose of this item is to receive
approval to give notice of termination to Texas Medical Data Services and to approve the agreement to
Intermedix. The current contract does not provide adequate quality assurance to the Fire Department.
This would allow improved service, and increase the fee from 5 to 8%. Additionally, Intermedix
recommended that the Town’s fee schedule be updated based on these recommendations.
Acting Fire Chief Thomas introduced Intermedix’s Vice President, Jason Mason.
Council member Cates confirmed if a resident does not have insurance, Intermedix does not collect.
John Mason, added that per tax base subsidizing, people may only be billed to the extent of their insurance and that
there would be no additional out of pocket expense to the residents.
Mayor Sanders commented that the cost for the service is 12% and an additional 1%, if payment is made by credit
card.
Council member Edstrom commented that residents pay taxes, so even though they may not have insurance, they
have already paid for these services in their taxes and this gives the town a way to recoup the expense.
John Mason listed the following services that will be provided for their fee, all of which the Town is not currently
receiving under their current contract; web access for medical records, medical records review, tract
statistics which will allow better management and coaching and state reporting. Intermedix currently
serves Grapevine, Euless, Bedford, DFW and several others.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding approval of a Subdivider's Agreement for Eagles Ridge
Phase II and authorizing the Mayor to execute all necessary documents.
Brandon Emmons explained that Starwood received an agreement back in 2005, The following are open space
requirements as specified by the ordinance that was in effect at the time of their development submission
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was dedication of .74 acres, or $107,300.00, or a combination of land and money in lieu of land. Starwood
is proposing that the Town accept the following to meet the open space requirements; Dedication of .963
Acres (2/3 of the land is a flowage easement), $10,000.00 and dedicate and convey ownership of the bronze
eagle sculpture, the surrounding masonry and infrastructure, and the free simple title to the land where the
eagle sculpture is located. Emmons continued that it is staff’s recommends that Town Council accept
Starwood’s proposal, and that it accept the cash, land, sculpture and property in full satisfaction of
Starwood’s open space requirements.
Motion made by Council member Edstrom, seconded by Council member Cates to adopt a Subdivider's Agreement,
dedicating .74 acres of land with the payment of $107,300.00, or a combination of the above.
Keith Allen, 2 Shields Drive – Spoke in favor of the Developer's agreement. Mr. Allen is with Starwood and
advised when they originally met with the Town, they were told $10,000, and so they took out a loan
anticipating this amount. However, since the Ordinance was changed for preparation of the DR. Horton
development, they are now trying to determine how to make this 10,000 meet their budgetary requirements.
Mr. Allen spoke to the hurdles they have experienced in this process but added that they love Trophy Club
and are still excited to build homes here.
Mayor Sanders’ understanding was that when Starwood bought this land, the eagle was included. Sanders is
concerned that the Town continues to accept parkland that we are unable to do anything with. Sanders
questioned if a house could be built on a portion of this land if parkland was not accepted. Beth Ann
Gregory advised that this area is on a flowage easement; therefore nothing can be built on this area.
Jack Mahr, 404 Skyline – Advised the Council that he is not aware of a HOA, but that there is a deed. Mr. Mahr
also believes that the Eagle should be left there.
There was speculation as to whether a HOA exist in Eagles Ridge. Council member Edstrom is going to provide
HOA information to the attending residents from Eagles Ridge.
Council member Edstrom agrees with the Mayor regarding the issues with park land that is of no use to the Town.
Edstrom is aware that the eagle provides benefit and value to people and residents.
Council member Cates questioned if this flowage easement would become an issue like the Lakes ditch? Cates
believes that the Town should honor what they originally told Starwood, but is concerned about
establishing precedent.
Council member Sterling clarified that the title of the land with the flowage easement belongs to Starwood.
Mayor Sanders questioned if there is anything that can be done to the easement to make into two lots. Beth Ann
Gregory answered that the storm drain could be moved at a cost of approximately $300,000.
Mr. Allen asked if Council might be willing to compromise and allow them to spread the $107,000 over 25 lots.
Patricia Adams said that the Ordinance does not provide for this, however, the Council can approve this
specification.
Dave Dickson, 311 Skyline Drive – Expressed his wiliness to take over the HOA if Starwood agrees to turn over the
Eagle.
Wade Mullis, 20 Meadow Ridge – As the President of the soccer association, advised the Council that we need park
space.
Don West, 212 Ridge View Lane – Agreed with Mr. Dickson’s comment and thinks that the Town needs to take on
the responsibility as the problem is not going away.
Council member Cates would rather take the Eagle than the lot.
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Mayor Sanders explained that there are options for changing public improvement, section 2.A.9; Starwood could
deed the Town the land, including the wall and the eagle, and pay $10,000 or Council could allow for
distribution over the platting of several homes and not do anything with the Eagle, however, this would put
residents against the developer.
Council member Cates stated that the Lakes have a similar issue, on Town property that needs to be fixed.
Council member Lamont clarified that if the Town collected $107,000 rather than 10,000 it would need to be used
for parks.
Mayor Sanders explained that the Town is at a disadvantage by being built in small blocks of homes with small
dedications of parkland. The advantage to a big developer is a big block of parkland.
Brandon Emmons included that this is a special circumstance for a developer and subdivision who is trying to
comply with an ordinance that is no longer on the books.
A substitute motion made by Council member Edstrom, seconded by Council member Lamont for the dedication to
include .963 acres as proposed by Starwood, dedication and ownership of bronze eagle sculpture, the
surrounding masonry and infrastructure, and a dollar amount for money in lieu of land in the amount of
$75,000 to be paid over the permitting process and not in one lump sum.
Council member Sterling agreed with the dedication and dollar value and believes that this is a fair compromise but
believes that the land is an issue.
Mayor Sanders added that if the Council does not accept the land, it then becomes Starwood’s to continue to deal
with.
Council member Cates does not like the amount of money it is going to cost to correct the land and believes that the
Town should take on the eagle but not the land due to the liability.
Council member Edstrom contended that while an error was made by staff, the Ordinance was provided to the
developer at the time of platting, and staff did correct the error with the developer in follow up meetings.
The complaints will come to the Town regardless of whether the Town owns the land or not.
Council member Lamont feels that the motion on the floor is a fair compromise.
Mr. Allen commented that both the eagle and land is worth $100,000 -150,000. Allen feels that a good compromise
is $25,000 up front with the rest paid out at the time of permitting, and the Town taking the Eagle.
Council member Cates amended the motion, Council member Lamont seconded approving .963 acres, reducing the
$75,000 to $50,000, allowing $25,000 up front and $1,000 per permit, to be paid at permitting.
The Amendment passed 3; 1, with Council members Lamont, Cates and Edstrom voting for and Sterling against.
The motion passed unanimously.
Mayor Sanders called a five minute recess.
D.4 Discuss and take appropriate action regarding an Ordinance approving the First Modification to the
Communications Site Lease Agreement by and between Nextel Communications and the Town, and
authorizing the Mayor to execute all necessary documents.
Motion made by Council member Edstrom, seconded by Council member Cates to approve an Ordinance approving
the First Modification to the Communications Site Lease Agreement by and between Nextel
Communications and the Town, and authorizing the Mayor to execute all necessary documents.
Council member Lamont commented that he understood that the facade was going to be the same as Tom Thumb.
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Motion passed unanimously without further discussion.
D.5 Discuss and take appropriate action relative to an Ordinance amending Chapter 1 of the Code of
Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", amending
Section 8.03, entitled "Community Development Department", subsection "C" (1); by amending subsection
"C" (2); by amending subsection "R" by adding (1)(a)(b) and (2); by amending subsection "V" to add radio
antennas; by amending subsection "W" to add banner signs; by amending Section 8.04, entitled "Planning
& Zoning Department", subsection "N" to add special exception; by amending Section 8.06, entitled
"Animal Control", subsection "E"; by amending Section 8.07, entitled "Emergency Medical Services
Billing", subsections "A", "B", "C" and "D".
Motion made by Council member Lamont, seconded by Council member Sterling to approve an Ordinance
amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII,
entitled "Schedule of Fees."
Brandon Emmons commented that the amendments suggested would bring this Ordinance to date. The suggested
amendments are the addition of the fee under the Intermedix contract, the increase from $25 to 50.00 for
the Dangerous Dog registration and the addition of a fee for radio antennas. Emmons added that Staff also
recommends that the Uniform Building Code (UBC) Building Fees for Commercial Construction be
amended to more closely match the fees charged by Mitchell Planning Group for plan review and building
inspections. The current fee structure does not cover the cost for outside plan review and building
inspections. Mitchell Planning Group’s rate schedule for residential construction is not based on UBC and
therefore does not require amendment
Council member Edstrom would prefer to figure out where the flaw is in the Maximus study and fix it prior to
making any changes to the UBC fees. Brandon Emmons responded that the flaw is that the Maximus study
was completed for residential fees not for commercial.
Council member Cates commented that the Town was to have the authority to update and readjust fees under the
Maximus study.
Roger Unger responded that there are multiple reasons the Town purchased the Maximus study. From the
beginning, the Town was to have limited ability to update and readjust. The basis of the law suit was the
contention that the Town had overcharged a particular builder on residential permits. Unger clarified again
that this study was from a residential standpoint, not from a commercial standpoint.
Council member Cates suggested that if staff is going to come up with a fee cost they also should provide
supporting, documentation of their methodology, in the event we were taken to court. Cates continued that
the Town’s fees were based on what other municipalities were charging, and yet we got sued.
Brandon Emmons commented that due to the uniqueness of commercial buildings, in order to document, we would
have to track each hour spent and each job function completed.
Mayor Sanders questioned if the calculations included all permits or just commercial. Beth Ann Gregory answered
all permits were taken into account for calculation.
Council member Edstrom would like to see the antenna structure ordinance addressed.
Council member Edstrom amended the motion; Council member Cates seconded approving all amendments besides
the amendments to the CD section.
Motion to pass the amendment tied 2:2; with Council members Cates and Edstrom voting for and Council members
Lamont and Sterling against.
Motion passed 3:2; with the Mayor, Council members Cates and Edstrom voting for, and Council members Lamont
and Sterling against, without further discussion.
D.6 Items for Future Agenda.
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Council member Cates requested an amendment to the Sign Ordinance regarding political signs and quantity per
commercial lot be added to the list.
Mayor Sanders asked that the item for awards to the hockey team be removed.
D.7 Informational Only - Additional Information for Council as provided by the Department of Police and Fire
Services.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
Mayor Sanders suggested that Item D.10 be removed from the Consent Agenda.
Motion made by Council member Edstrom, seconded by Council member Cates to remove Item D.10. Motion
passed unanimously; item D.10 removed.
Items D.8, 9 and 11 of the Consent Agenda passed unanimously without any discussion.
D.8 Consent agenda: Discuss and take appropriate action to approve financials dated June 2006.
D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 10, 2006.
D.10 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Chapter 10
entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by
amending Sections 2.05 entitled, "Parking", Subsection C, paragraph (1) and adding paragraph (2)(a) and
(b); amending Section 2.07 to adopt a new Section 2.07, entitled "Private Streets", including Subsections
(a)(1-7); and by adding Section 2.08, entitled "Penalty".
Motion made by Council member Lamont, seconded by Council member Sterling to discuss.
Mayor Sanders asked for the background, if the Town has a current copy of the bylaws of the Lakes HOA and if the
bylaws give Tracey Lane the authority to request that the Town take this action.
Mayor Sanders questioned comfort level of Town Attorney, Patricia Adams. Patricia Adams responded that based
on State Law, she is comfortable with this ability.
Mayor Sanders questioned why the police should patrol a gated area. Council member Lamont advised that
someone could run a stop sign or someone could be speeding at 95 mph but without the authority, the
police cannot take action.
Since Council member Lamont is on the Lakes HOA Board, he removed the motion, Council member Sterling
concurred.
Motion made by Council member Edstrom, seconded by Council member Sterling to approve Ordinance.
Motion passed 3:0:1; with Council member Lamont abstaining.
D.11 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Article I,
"Animals", Chapter 2 of the Code of Ordinances, entitled “Animal Control”, by amending Sections 1.01 –
1.27.
F.1 Adjourn.
Motion made by Council member Edstrom, seconded by Council member Cates to adjourn.
Motion passed unanimously, meeting adjourned at 10:37 P.M.
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* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
_______________________________________ ___________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
75
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.D.10
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.List
76
Items for Future Agendas
8/21/06
Presentation to Town Council from Dan Leal, Executive Director of the Children’s Advocacy Center for Denton
County.
Town Council to conduct a Public Hearing regarding the budget and proposed tax rate increase for fiscal year
October 1, 2006 to September 30, 2007.
Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2006
Tax Rate on September 18, 2006 Town Council Public Meeting Agenda.)
Discuss and take appropriate action relative to a request for zone change from R-12 Single Family Residential to CR
- Commercial Recreation for an approximate 4.038 acre tract of land located generally to the East and to the South
of the Municipal Utility District Wastewater Treatment Plant Facility, and being part of the Mary Medlin Survey, A-
832, Applicant: Beck Properties. (ZCA-06-010)
Award the Depository Services contract.
Discuss and take appropriate action regarding a Resolution approving the finance of a new police vehicle.
Presentation to Town Council from Dan Leal, Executive Director of the Children’s Advocacy Center for Denton
County.
Discuss the procedures by which Council will more forward on a Charter Commission.
Council to discuss the procedures by which Council will move forward on Vision 2010.
Discuss and take appropriate action regarding an Electric Franchise Ordinance amendment to require quarterly
payment of franchise fees.
9/11/06
Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate increase for
fiscal year October 1, 2005 to September 30, 2006. (During the public hearing, the Mayor will announce the date,
time and place of the vote on tax rate.)
Formal report by the Park Board as to their progress since being created and their plans.
Discuss and make appointments to the Town’s Boards and Commissions.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek]
9/18/06
Presentation by Dr. Rue - NISD regarding information and update on the school district and 9/26 tour of the school
for City Officials.
Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal
District for 2006.
Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year
beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the
fiscal year beginning October 1, 2006, and ending September 30, 2007.
Discuss and take appropriate action regarding an Ordinance on Building Standards.
10/2/06
Discuss and take appropriate action regarding the amendment to Ordinance 2002-44, extending the Franchise
contract with Charter communications.
Discuss and take appropriate action regarding an Interlocal agreement with Southlake and Roanoke for animal
control.
Items for Future Agendas – Dates to be Determined
Discuss and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations", Chapter 5 of
the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to political signs and
quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's
Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
77
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-7-2006
Subject: Agenda Item No.F.1
Adjourn.