Agenda Packet TC 06/06/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, June 6, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election to Council Member, Scott Spence.
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.
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.
Departmental Updates:
Administration:
Administrative Advisory Committee meeting topics
Purchasing Guidelines
Meeting with D.R. Horton
Community Development:
Update on street construction
Finance:
Next Budget Workshop
Information Services:
Implementation of Courts Software - Status
Scan of Contracts/Documents for Internal Records Management
Legal:
Status of Comptroller's Office Audit of Court
Final Judgment in Brown Lawsuit in favor of Town
Parks and Recreation:
Payment in lieu of parkland dedication for Eagle's Ridge subdivision
Planning and Zoning:
Status of Ordinance Codification
Status of Preliminary and Final Plat Application from Starwood Homes for Eagles Ridge
Police and Fire Services:
School Crossing Program
Development of Crime District
EDC Task Force:
Mission Statement and Current Issues and Meeting Topics
B.3 Items for Future Agenda.
C.1 Public Hearing: An ordinance repealing Ordinance No. 2005-09 P&Z in its entirety and
adopting a new Ordinance amending Zoning Ordinance No. 2000-06 P&Z by adopting a
new Article 5, Section 35 entitled "Accessory Structures".
D.1 Discuss and take appropriate action regarding an ordinance repealing Ordinance No.
2005-09 P&Z in its entirety and adopting a new Ordinance amending Zoning Ordinance
No. 2000-06 P&Z by adopting a new Article 5, Section 35 entitled "Accessory
Structures".
D.2 Discuss and take appropriate action relative to Preliminary Plat for lots 1-40, block 4 of
The Villas @ Waters Edge, located generally to the east of Katie Lane and Stephen's
Court, to the west of Meadowbrook Lane and to the south of Harmony Park.
D.3 Discussion / Disclosure of Substantial Interest Pursuant to Conflict of Interest Provisions
Contained in Chapter 171 of the Texas Local Government Code Regarding WinOcular,
Records Management Software, donated by Mayor Sanders in 2003.
D.4 Item tabled at the 4/16/05 Council Meeting: Town Council to discuss and take
appropriate action to award or reject the bids for the Svore Municipal Building addition.
(Need motion to remove from table.)
D.5 Discuss and take appropriate action regarding the award or rejection of the bids for the
Svore Municipal Building addition and to provide further direction to staff regarding
construction of a municipal building addition.
D.6 Discuss and take appropriate action regarding the system of appointing citizens to
advisory groups, boards and commissions; ethics and conduct of advisory group, board
and commission members; and revisions to Committee Handbook.
D.7 Consent agenda: Discuss and take appropriate action to approve a Resolution between
Cedar Valley College and the Town of Trophy Club.
D.8 Consent agenda: Discuss and take appropriate action to approve Minutes dated May 16th
and May 23rd, 2005.
E.2 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.A.4
Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election to Council Member, Scott Spence.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.B.1
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.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.
Departmental Updates:
Administration:
Administrative Advisory Committee meeting topics
Purchasing Guidelines
Meeting with D.R. Horton
Community Development:
Update on street construction
Finance:
Next Budget Workshop
Information Services:
Implementation of Courts Software - Status
Scan of Contracts/Documents for Internal Records Management
Legal:
Status of Comptroller's Office Audit of Court
Final Judgment in Brown Lawsuit in favor of Town
Parks and Recreation:
Payment in lieu of parkland dedication for Eagle's Ridge subdivision
Planning and Zoning:
Status of Ordinance Codification
Status of Preliminary and Final Plat Application from Starwood Homes for Eagles
Ridge
Police and Fire Services:
School Crossing Program
Development of Crime District
EDC Task Force:
Mission Statement and Current Issues and Meeting Topics
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.C.1
Public Hearing: An ordinance repealing Ordinance No. 2005-09 P&Z in its entirety
and adopting a new Ordinance amending Zoning Ordinance No. 2000-06 P&Z by
adopting a new Article 5, Section 35 entitled "Accessory Structures".
EXPLANATION:
The Town Council approved an update to Section 35 of the Zoning Ordinance with the adoption
of Ordinance No. 2005-09 P&Z on May 2, 2005. Apparently the changes made to the ordinance
in the Agenda Management Program after P&Z approval were not saved as the final draft. As a
result, Ordinance No. 2005-09 considered by Council was not the ordinance version approved by
the Commission. When putting the Ordinance in final form, staff identified two inconsistencies
between the Ordinance approved by the Commission and that approved by Council. The
ordinance currently before Council for consideration reflects the following changes from the
language adopted in 2005-09:
The new language requires permits for all accessory structures exceeding 120 square feet, and
the reference to height has been stricken - Section A(1)a.
Additionally in Section A(1)c, the provision requiring accessory structures to be located a
minimum of 45 feet from the front property line has been revised to a location behind the front
building line.
(kcf)
Attachments: 1. Information Memorandum
2. Ordinance
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-09 __ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING ORDINANCE NO. 2005-09 P&Z, AN ORDINANCE
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY
STRUCTURES", IN ITS ENTIRERY ENTIRETY AND ADOPTING A
NEW ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF
THE TOWN BY ADOPTING A NEW ARTICLE 5, SECTION 35,
ENTITLED “ACCESSORY STRUCTURES”; PROVIDING FOR THE
INCORPORATION OF PREMISES; PRESCRIBING CRITERIA
RESIDENTIALLY ZONED DISTRICTS; PROVIDING CRITERIA FOR
NON-RESIDENTIAL ACCESSORY STRUCTURES; SETTING FORTH
CRITERIA FOR PROHIBITED STRUCTURES; PROVIDING
PROVISIONS FOR LOCATION; SETTING FORTH REQUIREMENTS
FOR DETACHED GARAGES; PRESCRIBING PROVISIONS FOR
DESIGN CRITERIA; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a home
rule municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of Local Government Code; and
WHEREAS, on March May 21, 20002005, the Town Council adopted Ordinance No.
2005-09 P&Z, and Ordinance amending Ordinance No. 2000-06 P&Z, the same being the
Comprehensive Zoning Ordinance, (hereinafter referred to as “CZO”), establishing zoning
regulations for the Town; and
WHEREAS, since the adoption of Ordinance No. 2005-09 P&Z, staff has identified an
inconsistency with the regulations adopted relating to permit requirements and setback
requirements for accessory structures which apparently occurred when revisions to the document
in the computerized agenda management program did not save to the final draftdue to the
evolving needs of the community specifically relating to accessory uses and structures, and
advancements in the construction materials industry, Town staff has recommended an update to
Article 5, Section 35 of Ordinance No. 2000-06 P&Z; and
WHEREAS, the Town Council wishes to modify Article 5, Section 35 of the Zoning
Ordinance in order to provide additional uses, structures and materials for accessory buildings
and structures within the Town; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
SECTION 35 – ACCESSORY STRUCTURES
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Accessory structures less than 120 square feet and not exceeding 6 feet in height
shall not require a building permit. Accessory structures less than one hundred
twenty (120) square feet of floor area shall not require a building permit.
b. The following structures and uses shall be permitted as accessory to the principal
structure provided that none shall be a source of income to the owner or user of
the principal single-family dwelling,
1. Detached private garage in connection with any use, provided that no such
garage shall face a golf course; and provided that any detached garage
which faces a street be located a minimum of forty-five feet (45’) from the
front property line; and provided, however, that the requirement that no
such garage face any street shall not apply where the rear yard of a lot abuts
a street which is contiguous to the perimeter of the Town, unless otherwise
provided by ordinance.
2. Cabana, pavilion, gazebo
3. Storage/utility buildings (masonry or wood)
4. Greenhouse (as hobby, not business)
5. Home workshop
6. Flag Pole less than twenty feet (20’)
7. Tennis court
8. Basketball court
9. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable
Zoning District.
c. In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family dwelling,
such accessory uses shall be located: a minimum of forty-five feet (45’) from the
front property line,
1. Behind the front building setback, and
2. A minimum of twenty feet (20’) from any street right-of-way, and
3. A minimum of six feet (6’) from rear and side lot lines.
An accessory use shall not be located within any identified easement. In
addition, accessory structures permitted in these districts shall not exceed one
story in height, except for storage/utility structures which shall not exceed six
feet (6’) in height.
B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be
subject to the following regulations. The following shall be permitted as accessory uses,
provided that such use shall be located not less than twenty feet (20’) from any street right-
of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS
Neighborhood Service District: The following uses shall be permitted as accessory
uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50’) to
a residentially zoned district and not located between the front of the building
and any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in Section 33,
Temporary Uses.
2. Permitted Accessory Structures and Uses in CR-Commercial District: The
following structures and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable Zoning
District.
3. Permitted Accessory Uses in GU-Governmental Use District and in PO-
Professional Office District: The following uses shall be permitted as accessory,
provided that none shall be a source of income to the owner or user of the principal
use:
a. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable Zoning
District.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: An accessory structure located within any zoning district, with exception of a flag
pole shall not be located in any front yard, as defined by this ordinance, and shall be located
at least ten feet (10’) from any dwelling, or structure existing or under construction on the
same lot or any adjacent lot.
E. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement, shall be
permitted as an accessory use in a residential district and shall be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage,
shall be permitted as an accessory structure in a residential district, except as otherwise
specifically provided.
3. Any detached garage shall setback at least forty-five feet (45’) from the front property
line of a residential lot.
4. Corner lots may have detached garages facing a side street if they set back a minimum
of thirty five feet (35’) from the side street; however, no drive cuts will be allowed
from any street classified as a major or minor collector street.
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the regulations
as specified by the applicable zoning district. However, accessory structures that are
normally constructed in such a manner that masonry exterior surfaces are neither
practical nor appropriate are excluded from the masonry requirements, including but
not be limited to gym sets, playhouses, and greenhouses.
2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed
with an aluminum material so long as that material resembles wood-like construction
and such material has been approved by the Town’s Planning and Zoning Coordinator.
SECTION 3.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting Accessory Structure
regulations which have secured at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 4.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance Nos. 2005-09 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance Nos. 2005-09 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 2nd 6th day of MayJune, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an ordinance repealing Ordinance
No. 2005-09 P&Z in its entirety and adopting a new Ordinance amending Zoning
Ordinance No. 2000-06 P&Z by adopting a new Article 5, Section 35 entitled
"Accessory Structures".
EXPLANATION: Refer to Agenda Item No. C.1
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Preliminary Plat for lots 1-40, block
4 of The Villas @ Waters Edge, located generally to the east of Katie Lane and
Stephen's Court, to the west of Meadowbrook Lane and to the south of Harmony
Park.
EXPLANATION:
Purpose: To consider approval of a Preliminary Plat for approximately 10.433 acres, 37
residential lots, 2 open space lots and 1 green belt lot.
Existing Condition of the Property: The land is currently zoned PD-22, Waters Edge at
Hogan’s Glen.
Staff Findings: The plat appears to be in compliance with the Town’s Subdivision
Regulations.
Planning & Zoning Commission Action: The Planning & Zoning Commission approved
the Preliminary Plat for the Villas at Waters Edge at their meeting 19 May 2005.
(kcf)
Attachments: 1. Information Memorandum
2. Preliminary Plat Application
3. Preliminary Plat
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.3
Discussion / Disclosure of Substantial Interest Pursuant to Conflict of Interest
Provisions Contained in Chapter 171 of the Texas Local Government Code
Regarding WinOcular, Records Management Software, donated by Mayor Sanders
in 2003.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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Attachments: 1. Conflict of Interest Form
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
I, Carl N. Sanders as a member of the Mayor of the Town of Trophy Club, make this
affidavit and hereby on oath state the following: I have a substantial interest in a business entity or
real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a
decision is to be made that will have a special economic effect on this business entity or real
property.
The agenda item affecting this business entity or real property is: 6/6/05 D.3. WinOcular, records
management software.
COMPLETE (A) or (B): (A) The business entity is ________________________________
(name); or
(B) The real property is located at:
____________________________________.
I have a substantial interest for the following reasons: (check all which are applicable)
_____ Ownership of 10% or more of the voting stock or shares of the business entity.
_____ Ownership of 10% or more or $15,000 or more of the fair market value of the
business entity.
_____ Funds received from the business entity exceed 10% of gross income for the
previous year.
_____ Real property is involved and I have an equitable or legal ownership of the property
with a fair
market value of at least $2,500.
_____ A relative of mine has a substantial interest in the business entity or real property
that would be
affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the Town Secretary, I affirm that I will abstain from voting
on any decision involving this business entity or real property and from any further participation on
this matter by discussion or debate.
Signed this 6 day of June, 2005.
_____________________________________________
Signature of Official
The State of Texas §
County of Denton §
Before me, _________________________, on this day personally appeared
__________________________________ known to me (or proved to me on the oath of
________________ or through __________________ (description of identity card or other
document) to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this _____ day of ____________________, A.D.
________.
(SEAL)
______________________________
Notary Public in and for the State of Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.4
Item tabled at the 4/16/05 Council Meeting: Town Council to discuss and take
appropriate action to award or reject the bids for the Svore Municipal Building
addition. (Need motion to remove from table.)
EXPLANATION:
The bids for the building addition were opened on March 30th. The low bid was
$728,000, which is over our $650,000 budget. The higher bids are due in part to
significantly increased site and foundation costs as a result of poorer than anticipated soil
test results. In addition, material costs have increased significantly since the initial
estimates.
The Town has the option to accept the higher bids and secure additional funds to move
forward with the planned addition or instruct staff to move forward with a stand-alone
building to replace the rented portable buildings within the existing budget.
RECOMMENDATION:
Given our current budget constraints, staff recommends that all the bids be declined and
other options be pursued.
ACTION BY COUNCIL:
bg
Attachments: 1. Bid Tabulations
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding the award or rejection of the bids for
the Svore Municipal Building addition and to provide further direction to staff
regarding construction of a municipal building addition.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the system of appointing citizens to
advisory groups, boards and commissions; ethics and conduct of advisory group,
board and commission members; and revisions to Committee Handbook.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1. Current Board, Commission and Committee Handbook (7/2002)
2. Resolution 1999-36 Establishing a procedure to appoint citizens to Town
Committees.
MUNICIPALITY OF
TROPHY CLUB
“BOARD, COMMISSION,
&&
COMMITTEE HANDBOOK”
TROPHY CLUB, TEXAS
Revised July 2002
IInnttrroodduuccttiioonn
In order to achieve its goals, The Town of Trophy Club needs the support of dedicated
citizens who volunteer to serve on boards, commissions and committees. The Town encourages
and appreciates citizens with diversity of ideas and backgrounds to serve as volunteers.
The citizens who serve do so without compensation. They are appointed to serve after
indicating their interest through the proper application process, and they serve at the discretion of
the Town Council.
Generally, members of each board, commission or committee are charged with researching
pertinent projects and with making recommendations to the Town Council. Members serve in an
advisory capacity. The single exception is the Zoning Board of Adjustment, which has some
quasi-judicial duties. The exact duties and requirements of each board, commission and
committee can be found in the section of this handbook pertaining to that specific group.
The structure of each board, commission and committee consists of members, a chair and a
Town staff liaison.
Appointment Procedure
Applicants for boards, commissions or committees must be registered voters. Boards and
Commission members must be a Trophy Club resident for at least six months as well as a
registered voter prior to their appointment. With the exception of the Planning and Zoning
Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon
good cause shown, Council may waive the voter registration requirement for a person appointed
to a Board, Commission, or Committee that does not make recommendations for Council
approval.
Town residents who are interested in a position may request an application at the Town
office. The completed application shall be submitted to the Town Secretary to be forwarded to
the Town Council.
The Town Council makes appointments each year in June.
Applications are presented to the Council, which has the option of interviewing candidates.
These interviews are conducted in open session, and the Council makes all appointments in open
session.
All board, commission and committee openings are reported to the Town Secretary
immediately by the respective Chairman.
The Town Secretary will then ensure that each opening is:
• Announced in the Around the Town, a newspaper published by the Town
• Posted on the entrance bulletin boards (marquees on Trophy Club Drive and Trophy
Lake Drive)
• Posted on cable’s public information Channel 7
• Posted on the Town’s Web page at: www.trophyclub.org
• Announced at Council meetings
The Council makes appointments to fill vacancies due to resignations as needed. Members
appointed to fill vacancies serve out the remainder of a predecessor’s term. Citizens desiring to
fill an announced vacancy must follow proper application procedure.
A member who wishes to continue service after the expiration of his or her regular term will
submit an application and complete a questionnaire about the board’s progress over the last year.
All applicants are considered and determined by the Council.
Boards
At present, the Town of Trophy Club has four appointed boards.
The Zoning Board of Adjustment (ZBA) is a body that approves special exceptions to the
Comprehensive Zoning Ordinance (CZO) consistent with the general purpose and intent of the
CZO and in accordance with any state law and applicable rules contained in the Ordinance.
When acting in this capacity, the ZBA is quasi-judicial. Appeal of a ZBA decision is to a
district court. The ZBA has five regular members and four alternate members serving two-year
terms. Four of five voting members (regular or alternate) must be present to conduct business.
No agenda item may be approved unless four positive votes are cast. Minutes of ZBA meetings
will be taken by the group’s staff liaison.
The Editorial Review Board has three members with members serving two-year terms. This
board governs the production of the Around the Town newspaper that is sent to residents
monthly.
The Town has two economic development corporations. Each of these groups submits an
annual budget to the Council regarding the distribution of funds collected from sales tax
designated by voters to be used for economic development and park improvement. If economic
development corporations want to include a new project not listed on the approved budget, then
the economic development corporation will make recommendations to the Council for approval.
Members serve two-year terms. Terms are staggered, with the Council making annual
appointments to replace members whose regular terms expire in any given year. The economic
development corporation boards, not the Council, elect the officers.
The economic development corporations cannot take action unless a quorum is present. A
quorum is a majority of the voting members of any group. If a group has six voting members,
then at least four members must be present in order for action to be taken.
Minutes of all meetings will be taken by the committee and filed with the staff liaison.
Commissions
The Town currently has one commission; the Planning and Zoning Commission plans and
makes recommendations to the Town Council for the orderly growth, development, and welfare
of the Town.
Members serve two-year terms. Terms are staggered, with the Council making annual
appointments to replace members whose regular terms expire in any given year. Citizens who
wish to serve on the Planning and Zoning Commission must be a registered voter, a resident for
six months, and submit an application. The technical expertise of applicants may be a
consideration in gaining appointment.
A commission may not take action unless a quorum is present. A quorum is a majority of the
voting members of any group. If a group has six voting members, then at least four members
must be present in order for action to be taken.
Minutes of all meetings will be taken by the group’s staff liaison.
Committees
Each committee has a specific purpose as explained by the group’s mission statement, and
members work on a variety of projects. Members make recommendations to the Town Council
regarding their group’s specific area.
Members of most committees serve one-year terms. The only exceptions are members of the
Utility Franchise Committee and the Ways and Means Committee, who serve two-year terms.
Terms of Utility Franchise Committee members and Ways and Means Committee
members are staggered, with the Council making annual appointments to replace members
whose regular terms expire in that specific year.
Citizens who wish to serve on the Utility Franchise Committee, Parks and Recreation
Committee, Information Technology Committee and the Ways and Means Committee must
submit an application. The technical expertise of applicants for these committees may be a
consideration in gaining appointment.
A committee may not take action unless a quorum is present. A quorum is based on the total
number of voting seats on the Committee. If a group has six voting members, then at least four
members must be present in order for action to be taken. All Committees should list Workshop
as their first agenda item and list topics to be discussed during the Workshop portion of the
meeting. Workshop may be held without a quorum. Following the workshop, if there is still not
a quorum, the group may not have further discussion, or take any action except to adjourn.
In addition to a chair, each committee will nominate a vice chair to serve as the leader of the
group in the chair’s absence. The only exception is the Information Technology Committee,
which nominates a co-chair in lieu of a vice chair. Vice chairs and co-chairs may hold those
positions no more than two consecutive terms.
Each committee with the exception of the Utility Franchise Committee must appoint a
secretary. A Town staff member may be selected to serve as secretary for the Utility Franchise
Committee. This appointment must be made before any discussions are held so accurate minutes
of all proceedings may be taken, and the member selected to serve as secretary should
understand the role of the committee. The secretary should be able to attend all meetings to take
minutes; this should be considered when the appointment is made. The secretary will forward
minutes to the staff liaison to be sent to all members with the next meeting’s agenda.
Where possible committee appointments should be granted to citizens not serving on any
other committees.
Nepotism
A Board, Commission, or Committee Chair cannot be a relative of the Mayor or a Council
Member, as defined herein. On any given Board, Commission, or Committee only one member
can be a relative of a Council Member. A person is a relative if he/she is related in the first
degree by consanguinity (blood) or by affinity (marriage).
Members of the Economic Development Corporation, Ways and Means Committee, Zoning
Board of Adjustment or Planning and Zoning Commission cannot be related to a Council
member.
GGuuiiddeelliinneess ffoorr MMeemmbbeerrss
All members of boards, commissions or committees have specific duties and responsibilities.
Participation in formal and informal training sessions
Many boards, commissions and committees deal with technical issues that require a
foundation of certain knowledge that must be updated from time to time. The Town will provide
reasonable opportunities for members to acquire and keep current in these training efforts.
Members are expected to participate.
Regular attendance
Effectiveness as a member requires regular attendance. Members shall not miss more than
three (3) regularly scheduled monthly meetings per year. Committees that meet more frequently
per month will establish their own standard based on the 75% attendance criteria. It is
particularly important that all members attend briefing sessions and work sessions prior to formal
meetings so as to promote effective and efficient meetings. If a member finds difficulty in
maintaining regular attendance, it is suggested that the member consider whether he/she has
sufficient time to be an effective member. It is the responsibility of a member in this position to
initiate a discussion with the chair about attendance.
The chairman of the board, commission or committee is to maintain a charted attendance
record for all members and submit attendance to the Town Secretary, quarterly on the last day of
September, December, March and June. When attendance records indicate a member has not
complied with the attendance requirement, the Town Secretary will advise the Town Council of
the need to fill a vacancy.
Adequate advance preparation for meetings
Members should study the agenda and all support information provided by the staff prior to
each meeting. When a specific property or facility is to be discussed, individual site visits are
encouraged. However, it is inappropriate for a member to initiate an “individual investigation”
of an issue such as interviewing an applicant. Each member deserves equal access to all
information pertinent to the issue at hand. As a result, if additional investigation of an issue is
required, it is the responsibility of the staff to conduct such investigation and report back with the
results to the full membership of the group.
Avoidance of contacts and individual discussions
It is not uncommon for applicants, opponents, or their representatives to approach individual
members to solicit support or disapproval of a pending issue. These individual contacts should
be avoided. It is the policy of the Town that all members of a board, commission or committee
deserve equal access to all information and that any statement relevant to an issue should be
made in an open meeting for the benefit of all the participants.
Requests for sponsorships/donations/agreements with vendors
Members do not have the authority when asking for donations or making agreements with
vendors to give the impression that they are acting as an agent for the Town. Furthermore,
committee, commission and board members are not permitted to obligate any Town funds or
enter any agreements without prior written approval of the Town Manager or the Manager’s
designee.
Defining and Responding to Conflicts of Interest
Members of boards, commissions and committees are subject to provisions of Chapter 171 of
the Local Government Code, pertaining to conflicts of interest (see Appendix A). A conflict of
interest exists if a person has a substantial interest in a business entity or an interest in real
property affected by an action.
A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or more
of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000
or more of the fair market value of the business entity, or 2) funds received by the person from
the business entity exceed 10 percent of the person’s gross income for the previous year.
A person has a “substantial interest in real property” if the interest is an equitable or legal
ownership with a fair market value of $2,500 or more. A local public official is considered to
have a substantial interest if a person related to the official in the first degree of consanguinity
(blood) or affinity (marriage) has a substantial interest as described above. If a member has a
conflict of interest in a matter, that person can obtain from and file with the Town Secretary an
affidavit stating the nature and extent of the interest and shall abstain from any action or
discussion of the matter creating the conflict. In cases where a conflict of interest is declared,
members should physically leave any meeting while any item causing said conflict is discussed.
Conduct in meetings
Board, commission and committee members should act in a professional manner. If a
resident presents a complaint at a meeting the information should be taken and referred to staff to
reply to the resident.
Resignations
When a commission, board or committee member resigns, a letter of resignation should be
submitted to the commission, board or committee chair or to the staff liaison. The letter will be
forwarded to the Town Secretary.
Freedom of Expression
All citizens should feel free to express their opinions in an appropriate and professional
manner. All committee members and, in particular, members of commissions, and boards which
are required by law to make judgments and/or render decisions relative to issues that are
presented to them must act fairly and equitably, as well as maintain a perception of fairness and
equality and must refrain from interjecting their own personal bias. Should questions or concerns
relative to fairness and/or personal bias issues arise, the appropriate chair must implement the
necessary steps to settle the issue(s) equitably. In the event that the issue(s) cannot be resolved
satisfactorily, the issue(s) must be presented to the Town Council for final settlement.
RReessppoonnssiibbiilliittiieess ooff tthhee CChhaaiirr
Each board, commission and committee shall have a chair. A separate application for
chairman is required to be filed with the Town Secretary. The board, commission or committee
at the Council’s discretion may be asked to make a recommendation for chair with the final
determination left to the Council. The chair should have some experience as a member of the
group. The chair will serve no more than two consecutive terms. The Planning and Zoning
Commission’s chair will be determined entirely by the Council.
The chair must act as the “leader” and take responsibility for the group’s efficient and
meaningful operation. The chair must ensure that roles are clearly spelled out, meetings are
efficiently conducted and necessary information is readily available, which helps create a good
working environment.
The chair should manage the meeting to ensure that:
• A few members do not monopolize discussion or questions;
• Appropriate time is taken for presentation and discussion;
• Dialogue and interactions are maintained in a courteous and professional manner;
• Minutes of each meeting are taken by a member who is appointed as secretary to be
submitted to the staff liaison for public record and that a charted attendance record is
taken at each meeting; and
• Staff is treated with respect by members at all times.
• Discussion is limited to those items on the agenda, provided however that the Chair may
place any such unposted items on a future agenda for discussion.
• All commission, board and committee meetings are to be taped (audio) and given to the
staff liaison.
The chair must ensure that effective communication exists between board, commission or
committee members, Council, staff and the public. This requires frequent interaction with the
staff assigned to support the board, commission or committee. The chair must ensure that all
meeting needs, including a location, are properly reserved and provided.
The chair is responsible for ensuring that that the staff liaison is efficient in providing
requested technical assistance and information to members. This includes helping to develop
appropriate rules and procedures for the group in order to complete its duties. It also requires
preparation of proper meeting notices and agendas, gathering and relaying pertinent information
in a timely fashion to members and providing support at meetings. If the staff liaison is not
effectively operating in this manner, the chair should first discuss the issue with the appropriate
department manager. If satisfactory results are not achieved, the chair should next contact the
Town Manager.
It is the responsibility of the chair to be mindful of the attendance, actions, and activities of
individual members as well as to discuss with these members any deviations from the rules. The
chair or designated representative of the committee is responsible for making an oral monthly
report to the Town Council regarding the activities of his/her group.
The chair is responsible for communicating to the staff liaison any requests that need to be
placed on the Town Council agenda for consideration. The staff liaison will submit an agenda
request for the Town Council after being directed to do so by the chair.
The chair, Council liaison and staff liaison will define the scope, objectives and criteria for
completion of any project to be undertaken by the group. This should be done prior to the
initiation of the project.
The chair oversees any required financing of special events planned by the group. Any
group that schedules special events requiring funding must prepare a budget, submit it to the
Director of Finance and complete a recap summary of the actual expenditures. It is the
responsibility of the chair to ensure that this is done. A budget estimate must be included as part
of the Town annual budget. The recap must be submitted no more than 30 days after the event.
When donations for special events are requested from sponsors, it must be made clear to the
sponsor that the donation is being asked for on the committees’/events’ behalf.
The chair must regulate any communication between members of the board, commission or
committee and vendors to ensure members of the group in no way obligate the Town to the
expenditure of funds.
Responsibilities of the Staff Liaison
A member of the town staff will be assigned to each commission, board or committee. The
staff member does not assume the responsibility or task of the group. Rather, the staff member
provides information that group members need to perform their obligations. The staff member
also serves as a communication link between members of the group and the Town staff.
The staff liaison helps promote coordination and understanding by collecting the ideas and
goals of members.
The staff member may also:
• Assist the chair in the formulation of the agenda and ensure that presentations to the
members are timely and adequate;
• Prepare agenda requests for Council meetings;
• Assist members in planning and preparing presentations;
• Assist members in understanding community issues and how those issues may vary from
neighborhood to neighborhood; and
• Provide clerical support as needed.
Effective Meetings
All members of boards, commissions and committees should familiarize themselves with the
elements of a successful meeting.
These include:
• Having a purpose for the meeting;
• Giving adequate notice; Public notice when required;
• Preparing for the meeting in advance;
• Preparing an agenda;
• Allowing for appropriate participation from all parties;
• Selecting an appropriate meeting place;
• Determining the outcome or results of the meeting; and
• Keeping an accurate record of all proceedings;
• Keeping discussion focused on items listed on the agenda.
Members should avoid common mistakes that can make meetings unproductive, including
but not limited to:
• Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote
and wasting people’s time.
• The staff and Chair are responsible for compliance with the Texas Open Meetings
law.
Meetings of all boards, commissions and committees are open to the public. Prior to
initiating a closed or “Executive Session,” the staff liaison and chair shall receive approval from
the Town Manager and Town Attorney.
Prior to any meeting, the chair and staff liaison shall prepare an agenda describing actions to
be taken by the group. The agenda shall be prepared in a format approved by the Town Attorney
and shall be posted on the front glass display area of the Municipal Utility District Building in
accordance with state law at least 72 hours prior to the meeting.
The prescribed order of a meeting should be:
Approval of minutes from prior meeting; public hearings; recognition of visitors; new
business; old business; and recess and adjournment.
Prior to the meeting, the staff shall prepare and distribute complete and accurate information
pertaining to any action being requested of the board, commission or committee. Some action
items require public hearings, and advance communication shall be established with the Town
staff to ensure that the hearings are properly advertised as required by law. Any public notice of
a board, commission or committee meeting that is required by law must be prepared and
advertised by Town staff.
The chair or staff liaison shall arrange for an appropriate meeting location. Said location
should include proper lighting, voice, temperature control, adequate facilities and seating for the
anticipated audience participation, and facilities for display of information.
The chair shall allocate sufficient time for both applicants and opponents of an issue to
present their information. Regardless of whether a contemplated issue is listed as a public
hearing item or not, interested parties should be given a reasonable opportunity to present their
information and opinions, unless the group is meeting in a workshop session. The chair must
allocate and manage the time to be allotted and shall use discretion based upon the agenda and
other factors. It is appropriate for the chair to ask persons to refrain from repeating information.
The chair shall endeavor to see that all persons attending or participating in meetings are
treated with respect and dignity. All members must refrain from prejudicial or stereotypical
comments. All members must refrain from questioning that takes the form of “badgering” or
“debating” with those providing testimony.
All members need to be cautious of publicly representing their positions beyond the scope of
the business at hand. The official position of the Town shall only be represented by Town staff as
established by the Town Council.
Conclusion
It is the expressed desire of the Town Council that those serving on boards, commissions and
committees find the experience rewarding and satisfying. The Town Council members feel that
the general directions provided herein will clarify the duties and responsibilities of board,
commission or committee members and assist in creating a rewarding environment.
TTEEXXAASS OOPPEENN MMEEEETTIINNGGSS AACCTT
Because the Town board, commissions and committees are subject to this act, they are
required to:
1) Post a notice (agenda) announcing the meeting with the following information within
the body:
• the date
• the hour
• the place
• the subject matter
2) Post the notice 72 hours prior to the meeting.
3) Announce a quorum of its members to conduct business. A quorum is usually the
majority of the total appointed members except for the Zoning Board of Adjustments.
This group must have four (4) out of five (5) members present to conduct business.
4) Discuss and take action only on items specified on the agenda based on majority vote
except the Zoning Board of Adjustments, which requires four (4) out five (5) positive
votes in order to approve items.
5) Record and prepare minutes for review and submission with the following
information:
• date • issues discussed
• time • vote(s) taken
• place • brief description of
• attendance discussed items
6) Vote to accept the previous meeting’s minutes as an agenda item.
7) File accepted minutes into the Official Town Records for permanent retention under
the Texas State Library and Archives Commission record retention schedules.
8) Tape record the meeting and retain for a 90-day period under the Texas State Library
and Archives Commission record retention schedules, for Boards and Commissions
only. Note: Committees are not required to tape record meetings.
I ___________________, a member of the ______________________________ (Print name) (Print Board, Commission or Committee Name)
Have read, understand and will comply to the policies and procedures set forth in the “Board,
Commission and Committee Handbook.”
__________________________
Signature
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 1999-36
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ESTABLISHING A PROCEDURE TO APPOINT
CITIZENS TO TOWN COMMITTEES; PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Town Council is empowered under §51.001 of the Texas Local
Government Code to adopt an ordinance or rule that is for the good government of the Town;
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Committees; and
WHEREAS, it is in the Town’s best interest to establish a procedure whereby citizens
are appointed to Town Committees.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town will give public notice of all committee vacancies by (a)
advertising vacancies on local cable channel 7 for a period of two weeks; (b) advertising in one
publication of the Town’s official newspaper; (c) posting vacancies on the Town marquee for at
least four full days; (d) announcing vacancies at one Town Council meeting; and (e) posting
vacancies on the Town’s website for at least two weeks.
Section 2. That all interested persons shall file an application with the Town.
Applicants for the Ways and Means Committee, Planning and Zoning Commission, and
Information Services/Information Technology Committee shall also file a resume with the Town.
Applicants for the Ways and Means Committee must currently be working as a certified public
accountant or in a closely related field.
Section 3. That citizen applications for committee appointments shall be kept on file
for one (1) year from the date the application is received by the Town.
Section 4. That town staff will schedule applicant interviews to be conducted by the
appropriate committee or committee designees.
Section 5. That upon completion of the interview process, the appropriate committee
shall make a recommendation to the Town Council.
Section 6. That this resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 7th day of December, 1999.
_______________________________________
Marshall Engelbeck, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Diane Cockrell, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.7
Consent agenda: Discuss and take appropriate action to approve a Resolution
between Cedar Valley College and the Town of Trophy Club.
EXPLANATION: This is the third year of the Interlocal Agreement between the Town of
Trophy Club and Cedar Valley College for sponsoring the Basic Police Academy.
RECOMMENDATION: Staff Recommends Passing
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
2. Resolution
2. Amendment to Interlocal Agreement
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2005-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVING AN AGREEMENT BETWEEN THE TOWN AND DALLAS COUNTY
COMMUNITY COLLEGE DISTRICT, ON BEHALF OF CEDAR VALLEY AND THE TOWN
OF TROPHY CLUB FOR THE PURPSE OF PROVIDING TRAINING FOR THE POLICE
DEPARTMENT, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON
BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes governmental entities to contract with each other to perform government
functions and services, to increase the efficiency and effectiveness of local governments; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”) does
hereby approve and agree to enter into an agreement with the Dallas County Community College
District, on behalf of Cedar Valley College A true and correct copy of the said agreement is
attached hereto and incorporated herein.
Section 2. The Mayor and the Town of Trophy Club is hereby authorized,
empowered and directed to execute the said Agreement on behalf of the Town of
Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 2nd, day of May, 2005.
______________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary, Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney, Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.D.8
Consent agenda: Discuss and take appropriate action to approve Minutes dated
May 16th and May 23rd, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1. Minutes from May 16th, 2005
2. Minutes from May 23rd, 2005
MINUTES OF JOINT PUBLIC HEARING WITH
PLANNING & ZONING COMMISSION AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Monday, May 16, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Joint Public Hearing with
Planning & Zoning Commission and Regular Session on Monday, May 16, 2005. The meeting
was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor Elect
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Pam Cates Council Member
TOWN COUNCIL MEMBERS ABSENT:
Scott Smith Mayor
Scott Spence Mayor Pro Tem
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Lisa Ramsey Interim Town Secretary
Roger Unger Finance Director
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
Kerin Fleck Planning and Zoning Coordinator
Gene Hill Planning and Zoning Chairman
James Stephens Planning and Zoning Vice-Chairman
Bill Bradley Planning and Zoning Commissioner
Clayton Reed Planning and Zoning Commissioner
Dennis Sheridan Planning and Zoning Commissioner
Jim Moss Planning and Zoning Commissioner
John Rodgers Planning and Zoning Commissioner
Both Mayor Smith and Mayor Pro Tem Spence were absent. Council Member Cates made the motion for
Council Member Edstrom to chair the meeting until Mayor Elect Sander was sworn in; Council Member
Foley seconded the motion. Motion passed unanimously.
A.1 Call to order and announce a quorum.
Council Member Edstrom called the Joint Public Hearing – P&Z/Regular Session to order at 7:03 p.m.
noting a quorum was present.
A.2 Invocation.
Chief Briggs gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Alyssa Edstrom led the pledges.
*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.
Roger Reach, 18 Timberline Dr., Trophy Club, TX
Steven Kohs, 18 Overhill Dr., Trophy Club, TX
Pauline Twomey, 203 Oakmont, Trophy Club, TX
B.2 Discuss and take appropriate action regarding an ordinance canvassing the May 7, 2005
election.
Council member Foley made the motion to approve; Council Member Williams seconded the motion.
Motion to canvass the May 7, 2005 election carried unanimously.
B.3 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election to the Incoming Mayor and Council Members.
Mayor Elect, Nick Sanders and Town Council incumbent, Roger Williams were sworn into office and
presented with a Certificate of Election by Municipal Court, Judge Mark Chambers.
BREAK (5 MINUTES)
B.4 Opening remarks by Mayor Sanders.
Mayor Sanders began his opening remarks by thanking all the residents who took time to vote. He
encouraged the Council, staff and residents to live with a purpose and to teach the children of
today, by example, to get involved in acts of the community. Mayor Sanders stated, “Today is a
new day, a new beginning.” He called for a commitment from the Council, staff and citizens to
move from their current attitudes about each other, their current desires and dreams for the Town
towards new attitudes and new dreams. Ones tempered with such attributes as respect for each
other, dignity, honesty, professionalism and above all integrity. Mayor Sanders challenged the
Council, staff and citizens to seize this opportunity for a new beginning and to wipe the slate
clean. He continued by saying that no longer will we be known by the faction that we supported,
but as citizens and individuals of one purpose; which is the betterment of the Town and its
citizens. Mayor Sanders reminded them that it is human to have opinions that differ from others,
but requested that the Council, staff and citizens be conscious of the way in which they speak to
one another, that they speak in the affirmative rather than in the negative. Mayor Sanders ended
by quoting the late Peter Marshall, “The measure of life after all is not its duration, but its
donation. Life is rooted in the choices that we make.” Mayor Sanders stated, “I choose this day
to serve the citizens. I choose to serve with the highest integrity possible and the highest degree
of honesty.”
B.5 Chief Briggs to present Officer Keith Burris and Fire Lieutenant Gene Bates employee
recognition awards.
Chief Briggs recognized Patty Daniels and Tara Brown, First Financial Bank, who were able to assist law
enforcement in the apprehension of dangerous felons attempting to pass a forged check.
Chief Briggs acknowledged Officer Keith Burris with an Employee Commendation for his actions in
preventing a violent felon from escaping justice while off duty and traveling with his wife and
son.
Chief Briggs, Captain Thomas and Mr. Johnny Brown presented Fire Lieutenant Gene Bates with the Life
Saving Award. While attending church, Lt. Bates witnessed Mr. Brown go into cardiac arrest.
Lt. Bates started CPR and was able to resuscitate Mr. Brown before Grapevine Fire Department
arrived. Mr. Brown thanked Lt. Bates for saving his life.
C.1 Planning and Zoning Commission call to order announce a quorum.
Chairman Gene Hill announced a quorum present and called the meeting to order at 7:35 p.m.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.2 Joint Public Hearing - Planning & Zoning and Town Council to conduct a Joint Public
Hearing relative to the following:
Commissioner Clayton Reed made a motion to open the Joint Public Hearing; Commissioner Dennis
Sheridan seconded the motion, motion carried unanimously. Council Member Williams made a
motion to open the Joint Public Hearing; Council Member Edstrom seconded the motion, motion
carried unanimously.
An application from Beck Properties Trophy Club, L.P. for a zone change from R-15 Single
Family Residential to R-12 Single Family Residential, for an 11.05 acre tract in the M. Medlin
Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to the north of
Clear Vista Drive and Panorama Circle. (ZAC-05-006)
The following residents addressed the Planning and Zoning Commission and the Town Council:
George Roberson, 306 Skyline
Keith Allen, 2 Shields Ct.
Steve Brewster, 308 Skyline
C.3 Planning and Zoning Commission and Town Council to close Joint Public Hearing and
conduct a Joint Session.
Commissioner James Stevens made a motion to close the Joint Public Hearing and open the Joint Session;
Commissioner Jim Moss seconded the motion, motion carried unanimously. Council Member
Edstrom made a motion to close the Joint Public Hearing and open the Joint Session: Council
Member Cates seconded the motion, motion carried unanimously.
C.4 Planning & Zoning Commission to discuss and take appropriate action regarding a
recommendation to the Town Council relative to the following:
An application from Beck Properties Trophy Club, L.P. for a zone change from R-15 Single
Family Residential to R-12 Single Family Residential, for an 11.05 acre tract in the M. Medlin
Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to the north of
Clear Vista Drive and Panorama Circle. (ZAC-05-006)
Commissioner Clayton Reed made a motion for recommendation to Council; Commissioner James
Stephens seconded, motion carried unanimously.
Recommendation to approve the zone change passed 5-2, with Commissioner Sheridan and Bradley
opposing the zone change.
C.5 Planning & Zoning Commission and Town Council to close Joint Session.
Commissioner Dennis Sheridan made a motion to close the Joint Session; Commissioner Clayton Reed
seconded the motion, motion carried unanimously
Town Council reconvened into Regular Session at 8:26 P.M.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding:
An application from Beck Properties Trophy Club, L.P. for a zone change from R-15 Single
Family Residential to R-12 Single Family Residential, for an 11.05 acre tract in the M.
Medlin Survey, Abstract No. 832 to be know as Eagles Ridge Phase II, located generally to
the north of Clear Vista Drive and Panorama Circle. (ZAC-05-006)
Council Member Williams made to accept the Planning & Zoning Commissions recommendation to
approve to approve the zone change; Council Member Foley seconded the motion. Motion passed 3-1
with Council Member Edstrom voting against.
D.2 Town Council to provide input to the Planning & Zoning Commission regarding Fence
Ordinance regulations governing the maximum height of fences.
Kerin Fleck advised the Council that the Planning and Zoning Commission is currently reviewing the
fence ordinance, specifically the maximum allowable height to fences. Currently 70% of
residents are requesting 8 foot fences.
Margaret Best, 27 W. Hillside Place
Dennis Sheridan, 1 Hillcrest
Town Council provided input to the P&Z Commission to move towards the fence regulations currently
allowed by the City of Keller in that the maximum allowable height for fences is up to 8 ft. for a rear &
side yards not adjacent to a street park or trail or up to 6 ft. for side or rear yards adjacent to a
street, park or trail.
D.3 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance
Nos. 2003-02 and 2005-03, and adopting a new Ordinance regulating the Town Design
Standards and Construction Specifications for Roadway, Drainage, Water and Wastewater
Design.
Council Member Williams made a motion to discuss item, Council Member Edstrom seconded.
CD Director advised that adoption of the new Ordinance would address the following issues:
• Use of Sub-drains currently being put in on Indian Creek as a way to alleviate the ground water
on the streets, thus making the streets last longer.
• Ability to better monitor the use appropriate use of concrete plums as they have become quite
popular with developers as an inexpensive way to deal with drainage.
• Waivers for use of certain materials and cleanup.
Motion to approve repealing moved to approve repealing Town Ordinance Nos. 2003-02 and 2005-03,
and adopting a new Ordinance regulating the Town Design Standards and Construction Specifications for
Roadway, Drainage, Water and Wastewater Design passed unanimously.
D.4 Discuss and take appropriate action regarding a Mutual Aid Agreement between the Town
and DFW Regional Law Enforcement Mutual Aid Task Force.
Council Member Edstrom made a motion to discuss item, Council Member Williams seconded.
Motion to approve Mutual Aid Agreement between the Town and DFW Regional Law Enforcement
Mutual Aid Task Force passed unanimously.
D.5 Consent agenda: Discuss and take appropriate action to approve Agreement for Property
Tax Collection.
D.6 Consent agenda: Discuss and take appropriate action to approve financials dated April
2005.
D.7 Consent agenda: Discuss and take appropriate action to approve Minutes dated May 2,
2005.
Council Member Edstrom moved to approve items D.5 – D.7; Council Member Edstrom seconded;
motion carried unanimously.
D.8 Additional Information for Council
Written DPS report provided by Director Briggs, no action was taken.
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
Town Council convened into Executive Session at 8:34 P.M.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Sections 551.074(a)(1)
"Personnel Matters" and Section 551.071 (a) & (b) "Consultation with Attorney",
respectively, the Council will enter into executive session to discuss the following:
A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public
officer:
(1) Appointment of Mayor Pro Tem.
B. Consultation with Attorney (§551.071 (a) & (b)): Consultation with Attorney on
pending or contemplated litigation or on a matter in which the duty of the Attorney to
the Governmental Body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 (a) &
(b)):
(1) Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No.
2003-50345-367
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Town Council reconvened into Regular Session at 9:07 P.M.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
Council Member Williams made a motion to appoint Council Member Cates as Mayor Pro Tem; Council
Member Edstrom seconded the motion, motion carried unanimously.
F.1 Adjourn.
Stood Adjourn by Mayor Sanders.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.551.071
__________________________________________
C. Nick Sanders, Mayor, Town of Trophy Club
__________________________________
Lisa Ramsey, Interim Town Secretary
NOTICE OF TOWN COUNCIL BUDGET WORKSHOP FOR THE
TOWN OF TROPHY CLUB
Monday, May 23, 2005
4:00 P.M.
LOCATION: COMFORT SUITES, 801 W. HIGHWAY 114 BUSINESS, ROANOKE, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Budget Workshop Session on Monday, May 23,
2005. The meeting was at the Comfort Suites, 801 W. Highway 114 Business, Roanoke, TX 76262 and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Scott Spence Council Member (Arrived at 7:30)
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Lisa Ramsey Interim Town Secretary
Roger Unger Finance Director
Beth Ann Gregory Community Development Manager
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director (Arrived at 6:15)
Sakura Moten-Dedrick Financial Analyst
Gary Cantrell Ways and Means
A.1 Call to order and announce a quorum.
Mayor Sanders called the Budget Workshop Session to order at 4:13 p.m. noting a quorum was present.
A.2 Opening comments from the Town Manager.
Donna Welsh talked about the various documents that were part of the packet.
B.1 Budget Workshop.
Roger Unger presented the Comparison of Annual Expenses/Revenues and went over the Projected Bank Balances
and Tax Rates. Asked Council for suggestions.
C.1 Other business.
Discussed staffing in relation to combining the Town Secretary and Human Resources Manager position and hiring
a full-time Attorney.
D.1 Adjourn.
The mayor ruled the meeting adjourned without objection. Meeting adjourned at 11:05.
__________________________________________
C. Nick Sanders, Mayor, Town of Trophy Club
_________________________________
Lisa Ramsey, Interim Town Secretary
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-6-2005
Subject: Agenda Item No.E.2
Adjourn.
(dc)