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