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Agenda Packet TC 09/08/2008 1 Town of Trophy Club Town Council Public Hearings/Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, September 8, 2008 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 state under God, one and indivisible." A.4 Presentation and volunteer recognition by Police Chief Kniffen regarding the animal shelter and discussion of same. A.5 Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues and discussion of same. A.6 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. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 4, 2008. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 18, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. July 2008. B.4 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating the Assistant Town Manager 2 as the Household Hazardous Waste Collection Coordinator and designating the Town Manager as the alternate. C.1 Public Hearing: Town Council to conduct 1st Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and Mayor to announce the date, time and place of the vote on the tax rate. C.2 Public Hearing regarding an Amendment to Planned Development No. 25 (PD- 25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. C.3 Public Hearing regarding an Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions. (ADM-08-029) D.1 Discuss and take appropriate action regarding the review of the Town's FY2008- 09 Proposed Budget and tax rate. D.2 Discuss and take appropriate action regarding an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. D.3 Discuss and take appropriate action regarding an Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions. (ADM-08-029) D.4 Report from Planning and Zoning Commission Chairman, Gene Hill, on review by the Planning and Zoning Commission regarding changes to Trophy Club Zoning Ordinance for Planned Development No. 25 (PD-25), and changes to Building Code Ordinances, as suggested by Two (2) Hanna Ct. residents; and discussion of same. D.5 Discuss and take appropriate action regarding a Resolution accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. D.6 Discuss and take appropriate action regarding the First Modification to the Funding and Development Agreement between the Town and Centurion Acquisitions LP for Road and Utility Improvements to Northwest Parkway Proposed Connector Road. 3 D.7 Discuss and take appropriate action regarding an Ordinance approving the change in the Tariffs for Atmos Energy Corporation, Mid-Tex Division, as a result of the settlement agreement between Atmos and the Atmos Texas Municipalities; finding the adopted rates to be just and reasonable; and providing an effective date. D.8 Discuss and take appropriate action regarding implementation of a "No-Knock/No Trespass" policy or ordinance. D.9 Discuss and take appropriate action regarding the nomination of one person to serve on the Board of Directors of Denton County Transportation Authority. D.10 Discuss and take appropriate action regarding a Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting forth eligibility requirements for service. D.11 Discuss and take appropriate action regarding the calling of a Special Council Session on Monday, September, 15, 2008 and subjects for consideration at the meeting. D.12 Items for Future Agenda. D.13 Reports. 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. (a) Town Manager's Report. (b) Town Council report from Parks and Recreation Board Liaison, Council member Edstrom. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 "Deliberation Regarding Real Property" and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.A.2 Invocation. Police Chief Kniffen will offer the Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 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 state under God, one and indivisible." Fire Chief Thomas will lead the Pledges. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.A.4 Presentation and volunteer recognition by Police Chief Kniffen regarding the animal shelter and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.A.5 Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.A.6 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. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 4, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated August 4, 2008 11 MINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 4, 2008 5:30 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 4, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Adam Adams Parks & Recreation Director Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst Mike Pastor Information Systems Director Carolyn Huggins Planning and Zoning Coordinator A.1 Mayor Sanders called the Budget Workshop Session to order at 5:45 p.m. noting a quorum was present. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. Town Manager Emmons reported that the certified values came in significantly lower than expected. Staff had projected values based on historical trends and built the budget based on these trends. The effective tax rate is higher than the current actual tax rate. The Council would like to see the supplemental list from the departments and would like a better understanding of the proposed operating deficit in the out years. Finance Director, Sakura Moten-Dedrick explained the certified values and the resources summary by department. The Council discussed tax rates. Council took a five minute recess. 12 A.3 Council member Strother gave the Invocation. A.4 Council member Edstrom led the Pledges. A.5 Citizen Presentations: No citizens presented to the Council. Council member Wilson pulled Item B.2, stating that detail for number 16) Budget Process Enhancement of the July 17, 2008 Minutes was inaccurate. Staff will review the audio and bring back the July 17, 2008 at the next meeting. Motion made by Edstrom; seconded by Sterling to approve the Consent Agenda, Items B.1, B.3 and B.4. Motion carried unanimously without any discussion. B.1 Consent Agenda: Discuss and take appropriate action regarding an amendment to Article VI, "Town Council Rules and Procedures" of Chapter 1, "Administration," of the Code of Ordinances, Subsection C(1) requiring a vote to extend Council meetings past 11:00 p.m. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 21, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. June 2008. End of Consent PUBLIC HEARING Council convened into Public Hearing at 7:10 p.m. C.1 Public Hearing to Consider a Request for Replat of Lots 1-8, Block A, and Lots 1-27, Block B, Churchill Downs Subdivision. Applicants: Todd Price, Southwest Downs, and Michelle Brown, F&R Adams Luxury Homes, L.L.C., Owners. (RP-08-014) No one addressed the Council. *REGULAR SESSION Council reconvened into Regular Session at 7:11 p.m. D.1 Discuss and take appropriate action regarding a Request for Replat of Lots 1-8, Block A and Lots 1-27, Block B, Churchill Downs Subdivision. Applicants: Todd (George) Price, Southwest Downs, and Michelle Brown, Owners. (RP-08-014) Todd Price, Owner, Southwest Downs, and Michelle Brown, Owner, F&R Adams Luxury Homes, were present for Items C.1 and D1. Planning and Zoning Commission, Vice Chairman Stephens advised that the Commission heard this replat request on July 17, 2008, and recommended approval. Commissioner Sheridan made a motion 13 recommending approval to the Town Council with two stipulations requested by the Commission: 1) add a boxed note stating the purpose of the replat and the replat voids any previous plat; 2) use the current date on the replat. The motion was seconded by Commissioner Reed and approved unanimously by the five members present.” Motion made by Wilson; seconded by Edstrom to approve the Request for Replat of Lots 1-8, Block A and Lots 1-27, Block B, Churchill Downs Subdivision with recommendations noted by Commissioner Sheridan. Motion carried unanimously without any discussion. D.2 Present and discuss 2008 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. Town Manager Emmons stated that the effective tax rate is the rate necessary to generate the same amount of revenue on property on the rolls the prior year. The appraised values have changed so little that the effective tax rate is going to be at a higher rate than the current tax rate. The current rate is .43051/$100 valuation and the effective rate is .46660/$100 valuation. D.3 Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2008 Tax Rate on the September 22, 2008 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY08-09 Budget. Motion made by Edstrom; seconded by Moss to approve the Resolution to approve the placement of a proposal to adopt a 2008 Tax Rate on the September 22, 2008 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY08-09 Budget. This item is calling for the Public Hearing only, moving forward with the proposed rate and does not obligate the Council. Motion carried with Mayor Pro Tem Sterling and Council members Edstrom, Moss, Wilson and Strother voting in favor. D.4 Discuss and provide direction to staff and/or take appropriate action regarding Charter Amendments for Election Ballot, Date for Charter Amendment Election, and the Charter Review Commission. Denton County Election Administrator, Don Alexander encouraged the Town Council to wait until May 2009 to conduct the Charter Amendment Election. Mr. Alexander explained that the Proposed Amendments would push the County’s ballot over one page; therefore the Town would have to conduct a stand alone election. The stand alone election would be costly as the ballot language will exceed one page therefore the election will have to be paperless. To date, all of Denton County’s electronic voting machines are 100% allocated which means the Town would conduct the election without a DAU (Disabled Access Unit) machine and the election would be non-HAVA compliant and subject to a Department of Justice lawsuit. Additional confusion may occur if the Town chooses to conduct a stand alone election in November since the residents will have to vote for the General Election at a separate location. Early voting is scheduled to take place in Roanoke and Election Day will occur at Lake Cities Church of Christ. Trophy Club residents would be required to vote for the proposed Charter Amendments at the MUD Building. Charter Review Commission (CRC) Chairman Rose, 219 Inverness Drive – addressed the Council and said that the CRC, by unanimous vote, recommends the Council delay the election until May 2009. Rose stated that the CRC would like to continue working with the Council and staff on amendments. Motion made by Wilson; seconded by Moss to refer to a future agenda item. Jim Moss seconded. 14 Council member Wilson noted that the CRC requested to remain in business and feels the Council, CRC and staff should continue working together for a May 2009 election. Wilson also suggested that the Council set a number of hours for the Town Attorney to work on the Proposed Charter Amendments. Mayor Sanders requested that Town Manager Emmons meet with Town Attorney Adams to discuss her workload and report back to the Council. Motion passed unanimously without further discussion. a. Discuss and take appropriate action regarding Town Council communications with and notification of residents regarding the Charter Amendments and Charter Amendment Election Mayor Sanders suggested that the process and potential amendments stay in front of the residents. D.5 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town, and discuss and provide direction to Staff regarding the future addition of handbill regulations to the Ordinance. Only the red-lined Ordinance was included in the packet and this is the same version that was present at the July 21, 2008 meeting. Council discussed the difference between time restrictions for charitable solicitations in medians and the general time restrictions for soliciting within the Town. Motion made by Wilson to no solicitation and no handbill sign in the ordinance. Motion died for lack of a second. Council requested that the application for a permit for charitable solicitations or a registration for religious solicitations receive a permit or a registration card and requested that they receive a draft Ordinance to review prior to the distribution of the next packet. Motion made by Sterling to allow the no solicitation sign only for soliciting and not including handbills. Motion died for a lack of a second. Deandra Pugh, 2 Chimney Rock – Spoke in favor of the Ordinance including banning handbills. This Ordinance will come back to the Council on August 18, 2008. D.6 Discuss and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. Motion made by Edstrom; seconded by Strother to approve a Resolution casting the Town's vote for Harlan Jefferson to serve the DENCO Area 9-1-1 District, and providing an effective date. Motion carried unanimously without any discussion. D.7 Discuss and take appropriate action regarding a Resolution authorizing the suspension of proposed rates and the intervention in the Public Utility Commission proceeding involving the request to increase electric rates of Oncor Electric Delivery Company. Motion made by Edstrom; seconded by Moss to approve a Resolution authorizing the suspension of proposed rates and the intervention in the Public Utility Commission proceeding involving the request to increase electric rates of Oncor Electric Delivery Company. Motion carried unanimously without any discussion. 15 D.8 Discuss and take appropriate action regarding the ratification of an Agreed Termination of the agreement for janitorial services with Member’s Building Maintenance, Ltd., authorizing the approval of a new, short term agreement with Exquisite Interiors for those services, and authorizing the Mayor or his designee to execute all necessary documents. Motion made by Edstrom; seconded by Sterling to approve the ratification of an Agreed Termination of the agreement for janitorial services with Member’s Building Maintenance, Ltd., authorizing the approval of a new, short term agreement with Exquisite Interiors for those services, and authorizing the Mayor or his designee to execute all necessary documents. Motion carried unanimously without any discussion. D.9 Discuss and take input/appropriate action regarding an Agreement for Professional Services between Jacobs Engineering and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off. Motion made by Edstrom; seconded by Moss to approve Agreement for Professional Services between Jacobs Engineering and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off. Town Manager Emmons stated that there are a couple of insignificant amendments to this Contract and recommended that the Council approve as written, authorizing the Town Manager to enter into Contract and bring back the changes for ratification. Emmons added that there is an urgency to have this Contract in place by the first or second meeting of September. However, should Council feel more comfortable there are two more meetings that this Contract could come back for approval. Edstrom amended her motion to refer to future meeting ; second agreed. Motion carried unanimously without any discussion. D.10 Items for Future Agenda. The Town Council removed Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas and requested that at least the signage for Skyline, Item 3 come back as soon as time permits. D.11 Reports. (a) Town Manager Emmons gave his Report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 8:50 p.m. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. (2) Legal advice relative to Charter Amendments and Charter Amendment Election. 16 Council reconvened into Regular Session at 9:26 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. F.1 Adjourn. Motion made by Sterling; seconded by Wilson to adjourn. Meeting adjourned at 9:27 p.m. ______________________________________ __________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 17 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 18, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated August 19, 2008 18 MINUTES OF A BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 18, 2008 5:30 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 18, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst A.1 Mayor Sanders called the Town Council to order at 5:41 p.m. noting a quorum was present. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget. Town Manager Emmons presented a balanced budget and explained the projected fund balances and tax rates. The changes include: replacing and upgrading the existing Agenda Management software program at $12,000 and increasing Elections by $5,000 to cover the proposed May 2009 Charter Election. Emmons explained the Interest and Sinking Fund and the Effective Tax Rate stating that Council would have some difficult future budget decisions to make should they keep the tax rate at the current rate. One option is Council can gradually increase the rate over several years therefore minimizing the impact to residents. Staff explained the capital and replacement schedule and the supplemental requests. Staff stated 45% of the revenue is from property tax. If Council would decide to raise the property tax rate for FY09, the revenue increase resulting from an increased property tax would be set aside to build reserves to offset future budget expenses. By maintaining the current $.43051 tax rate, the Town projects budget shortfalls in FY10 and FY11. These projected budget shortfalls do not include any costs associated with the acquisition of land or a new police facility. Additionally, the Ways and Means Advisory Group has looked at out years in respect to the level of services. The Council requested the out years include the drainage study beginning in FY10 and requested to change the name of the Police Department Needs Assessment to Architecture Engineering. 19 Staff is diligently working to promote new businesses to the Town and have been told by several that in order to sustain their business they need the population. Council member Strother shared that he does not like the thought of raising taxes; however, considering the demands for service and programs in addition to increased cost of goods and services, a tax rate increase may be a solution. Council member Wilson agreed with Strother and stated she would support a two cent increase. Wilson asked Town Manager Emmons what his recommendation would be. Town Manager Emmons stated that a two cent tax increase would be appropriate. Mayor Pro Tem Sterling stated a three cent increase would allow the Town to match the effective tax rate and stated that this budget is considerably better than the budget presented two years ago. Sterling said Council can either cut services or boost the tax rate and agreed with an increase to support matching the effective tax rate. Council member Edstrom stated that the Town cannot continue borrowing against the future and needs to re-evaluate that historical practice. Edstrom stated that there was a consensus to increase the tax rate last year; however the ultimate decision by Council did not raise the tax rate. Council member Moss said that the decision needs to be based on what is best for the residents and the future of the Town, and he does not see a way around a tax rate increase. Council took a five-minute recess. A.3 Mayor Sanders gave the Invocation. A.4 Matthew Brown from Boy Scout Troop 937 led the Pledges. A.5 Citizen Presentations: No one addressed the Council. A.6 Bi-annual update and presentation regarding Park Board activities for the preceding six month period and discussion of same. The Park Board is required by ordinance to meet with Town Council bi-annually. This presentation is the second presentation for 2008. Park Board Vice-Chair, Steven Gregory provided updates on Harmony Park, Trophy Club Park and Sports Association concerns. Park Board member J.D. Stotts provided updates on possible park amenities for Northeast and Northwest and possible funding options such as: PID contributions, EDC funding, public grants naming rights, hotel/motel and sales taxes. Town Manager Emmons provided an update on the drainage ditch currently located at the proposed site of NW Park. Vice-Chair Gregory concluded the presentation by listing the current park projects that are under way. The Town Council thanked the Park Board for the presentation. Carlyann Jacobs, 4 Biltmore Court – Asked if the Council has considered a natatorium. No action taken. Motion made by Wilson; seconded by Moss to approve Consent Agenda, Item B.1 with the correction of Edstrom in favor under number 11 Clarify Appointment Procedure. Motion carried unanimously without any discussion. 20 B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17, 2008. End of Consent PUBLIC HEARING Council convened into Public Hearing at 8:00 p.m. C.1 Public Hearing: Town Council to conduct a Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and Mayor to announce the date, time and place of the vote on the tax rate. Mayor Sanders announced that there is another public hearing scheduled for September 8, 2008. The Town Council will be voting on the FY09 proposed tax rate on September 22, 2008, during their Regular Session, which starts at 7:00 P.M. The meeting will be held in the Council Chambers. Roger Williams, 215 Phoenix Drive – Feels that the Public Hearing is a sham as the only information that has been made available regarding the proposed budget has been at the Council workshops. *REGULAR SESSION Council reconvened into Regular Session at 8:05 p.m. D.1 Discuss and review the Town's FY2008-09 Proposed Budget and tax rate. Mayor Sanders explained staff has already published the Truth in Taxation “Notice of Public Hearing for Tax Rate Increase” announcing two public hearings, and has approved an agenda item to consider adoption at .43051 at the September 22, 2008 meeting. Based on the workshop discussion, should Council consider adopting a higher rate than what was originally published, the Town will republish the Notice of Public Hearings on August 29, 2008 with a new specified rate and conduct the first public hearing at the Regular Session on September 8, 2008 and the second public hearing in a Special Session on September 15, 2008, leaving the vote on the tax rate and adoption of the budget on September 22, 2008 as anticipated. Each Council member reiterated their point regarding a tax rate increase as discussed during the budget workshop. Council consensus is to re-publish at .46501(effective tax rate) and schedule the two public hearings accordingly. Mayor Sander’s acknowledged several residents in the audience who were in attendance for Item D.4. Noting no objections from Council, Item D.4 was moved up and discussed prior to D.2. D.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. Mayor Sanders noted the corrections in Sections 4.02.E.3 and 4.03.C.g. and Town Attorney Patricia Adams explained these changes relate to the Council’s request for clarification of conviction and identification. Motion made by Edstrom; seconded by Wilson to approve an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances 21 of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. Council member Wilson thanked Town Attorney Patricia Adams for her work revising this document and provided the Council with several articles relating to handbills. Motion carried unanimously without further discussion. D.3 Discuss and take appropriate action regarding an amendment to Chapter 3, Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; by amending Section 15.01 "Definitions", Section 15.02 "Applicability and Prohibited Conduct", and Section 15.04 (I) "Draining of Swimming Pools", and providing an effective date. Town Manager Emmons gave a brief history of this Ordinance. Donna Curtis, 315 Inverness - Questioned the concept and specifics of the Ordinance. Ryan Chitwood,10 Overhill Drive - Spoke in favor of the Ordinance. Lois Bowman, 11 Overhill Drive – Spoke against the Ordinance. Frank Folger, 13 Overhill Drive – Spoke against the Ordinance. Ruth Ellen Campell, 11 Overhill Drive – Spoke against the Ordinance. Motion made by Edstrom; seconded by Strother to approve an amendment to Chapter 3, Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; and add the date of June 15, 2010 to comply with subsection 1 above or to obtain a Compliance Permit in accordance with subsection 3 below. Council member Edstrom commented that this Ordinance first came before the Council in January, but TCEQ provided conflicting information. Council member Edstrom and Mayor Pro Tem Sterling both agreed that the residents have enough time to save money to implement the changes required by ordinance. Council member Wilson supports Mr. Chitwood’s endeavors concerning these amendments. Council member Moss said that given the TCEQ mandates this is the direction the Town has to go. Council member Strother said that he understands Mr. Chitwood’s concern, but would like the Ordinance to have more flexibility regarding the pool size and placement in the yard. Council member Edstrom asked that the Environmental Coordinator be made aware that this section needs amended with the annual TCEQ filings. Town Manager Emmons explained the non-compliance form and gave four retro-fitting options for compliance. Motion carried 4:1, with Strother opposing. D.4 Discuss and provide input/take appropriate action regarding an Agreement for Professional Services between Jacobs Engineering Group and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off. Town Manager Emmons stated this is the final draft. Motion made by Edstrom; seconded by Moss to approve an Agreement for Professional Services between Jacobs Engineering Group and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off. 22 Motion carried unanimously without any discussion. D.5 Discuss and take appropriate action regarding a resolution amending Resolution 2008-01 authorizing the creation of a Charter Review Commission. Mayor Sanders stated that the Charter Review Commission (CRC) has completed their review and would like to see all nineteen Proposed Amendments go on a future ballot. Mayor Sanders explained that if a petition was received and verified, the language would go on the ballot as submitted on the petition, regardless if the Council had already called an Election and approved ballot language. Therefore, the ballot language regarding certain amendment could possibly contradict one another. Mayor Pro Tem Sterling questioned the 7th Where as clause and the reference to the 19 Proposed Amendments. Town Attorney Adams explained that the word possible amendments under Section 7 should read Proposed Amendments. CRC Chairman Rose, Secretary Brewster and Commissioner Williams addressed the Council. Secretary Brewster would like the number listed in the Resolution to be more general and less specific to a certain number. Commissioner Williams understands that the Resolution states the CRC can work with the Council on the 19 Proposed Amendments and the Council may add more if they choose. Motion made by Edstrom; seconded by Moss to approve a Resolution amending Resolution 2008-01 authorizing the creation of a Charter Review Commission. Motion carried unanimously without further discussion. D.6 Items for Future Agenda. Council member Wilson would like to discuss amending the Ordinance adopting Article IV entitled "Peddlers and Solicitors,” of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing regulations for Peddlers and Solicitors operating within the Town as it relates to handbills. D.7 Reports. (a) Town Manager Emmons gave his report. (b) EDC 4B Liaison, Council member Strother gave his report. (c) Master District Liaison, Council member Wilson gave her report. Council convened into Executive Session at 10:24 p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. Council reconvened into Regular Session at 10:32 p.m. 23 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. F.1 Adjourn. Motion made by Wilson seconded by Sterling to adjourn. Motion carried unanimously. Meeting adjourned at 10:32 p.m. __________________________________ __________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. July 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Variance Report (July 08) 25 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating the Assistant Town Manager as the Household Hazardous Waste Collection Coordinator and designating the Town Manager as the alternate. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Interlocal Agreement 26 27 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Charles W. Daniels, its duly authorized Assistant City Manager, and Town of Trophy Club, a municipality situated in Denton and Tarrant County, Texas, hereinafter called "Participating City," acting herein by and through Nick Sanders, its duly authorized Mayor. WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. 28 Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. 29 Force majeure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth’s contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Fort Worth Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act. CPR - cardiopulmonary resuscitation. DOT - United States Department of Transportation. ECC - Environmental Collection Center. EPA - United States Environmental Protection Agency. 30 HAZCAT - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from the date the last party has signed this agreement through September 30, 2009. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. 31 E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event in an amount not to exceed EIGHT THOUSAND DOLLARS AND N0/100 DOLLARS ($8,000.00) ANNUALLY. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non-Fort Worth Mobile Collection Unit 1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, of this Agreement. 2. Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A", attached and incorporated herein as if set forth. I. Mobile Collection Events –Using Fort Worth's Unit 1. Participating City may schedule one mobile collection event each contract year. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, the Participating City shall contact the ECC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property one (1) week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth one (1) week before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages of recovery of any costs, except as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first-come, first-served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another City and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. 32 2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's Non-Fort Worth Mobile Collection Unit shall not also be at the event. 4. Participating City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. J. Loan of the Special Mobile Collection Unit 1. Participating City may request the loan of Fort Worth’s Special Mobile Collection Unit, which is a specially designed and equipped thirty-six foot (36’) gooseneck box-trailer and one (1) ton pickup, free of charge, for use in a Household Hazardous Waste Collection Event when available. Participating City may use the Special Mobile Collection Unit to transport HHW to Fort Worth’s ECC or another collection center which may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or e-mail at least thirty (30) days prior to the HHW collection Event for which the request is made. Fort Worth shall have sole determination whether the Special Mobile Collection Unit is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate nor be responsible for any part of the Participating City’s HHW Collection Event unless and except by written mutual agreement. 2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth shall disclose any known problems the Special Mobile Collection Unit may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Special Mobile Collection Unit, a pre-trip inspection for potential maintenance problems will be performed by Fort Worth. Also, both parties will complete a pre-aesthetic assessment. Participating City shall be responsible for all certifications, and insurance necessary for the proper operation of the Special Mobile Collection Unit. 33 3. Participating City agrees to maintain and return the Special Mobile Collection Unit in as good condition as it was in when Participating City took possession for use. Participating City shall return the Special Mobile Collection Unit to Fort Worth in a timely manner and as mutually agreed upon. 4. Participating City shall be responsible for all work-related property damage, personal injury or death caused by Participating City’s employees or volunteers and arising out of the use of the Special Mobile Collection Unit during the term of this Agreement. 5. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against clams arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not intend to create any obligations; expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Designated person is: Stephen Seidel, telephone number: 682.831-4606. Pager number or 24-hour number where he can be reached: 817-538-1067. Alternate person is: Brandon Emmons, telephone number: 682-831-4607. Pager number or 24-hour number where he can be reached: 817-538-1708. B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, 34 Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste 1. Participating City shall advise the ECC program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 35 5. Prior to transporting the HHW from the collection event sites, Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 6. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC. 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10, Paragraph C. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. 36 C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time, Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. 37 E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment of Fort Worth: 38 A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECC's hours of operation are as follows: Thursday and Friday from 11:00 a.m. to 7:00 p.m. Saturday from 9:00 a.m. to 3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the Agreement, the ECC will be closed on the following days: Thanksgiving Holiday, November 27-28, 2008 Christmas Holiday, December 25, 2008 New Year’s Eve, January 1, 2009 M.L.K. Day January 19, 2009 Memorial Day, May 25, 2009 Independence Day, July 4, 2009 Labor Day, September 7, 2009 C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City may advertise the 24-hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: 39 A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC or per household for participation in a Mobile Collection Event to dispose of household hazardous waste. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies. C. If a spill occurs at the ECC while the non-Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly in an amount not to exceed EIGHT THOUSAND AND NO/100 DOLLARS ($8,000.00) ANNUALLY. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households, which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie, "Scrub," and "Van Goo") "Conquer Your Crud," and the recycling buddies (“Scrappy”, “Juggles”, and “Cana Nana”) “Conquer Your Crud” and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. 40 B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) 41 "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT (Paragraph 11). 15. NOTICE Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Brian Boerner, CHMM, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: Brandon Emmons, Town Manager Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 Facsimile: 817.491.9312 16. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 17. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement; venue for said action shall be in Tarrant County, Texas. 42 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE CITY OF FORT WORTH TOWN OF TROPHY CLUB By: By: _____________________________ _____________________________ Charles W. Daniels Nick Sanders Assistant City Manager Mayor of Trophy Club, Texas Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________________ _____________________________ Assistant City Attorney Town Attorney, Trophy Club, Texas ATTEST: ATTEST: _____________________________ _____________________________ Marty Hendrix Lisa Hennek, Trophy Club, Texas City Secretary Town Secretary ____________________________ Contract authorization ____________________________ Date 43 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount restocked Special Needs Remarks 55-gallon open top drums (open top for loose packs) Amount taken off the trailer 55-gallon drums (closed top) (Oil, antifreeze, bulk flammable materials and one extra) Amount taken off the trailer Fiber drums (55- or 30-gallon) Aerosols, acids, bases and oxidizers) Amount taken off the trailer Gaylord box liners (plastic) Amount taken off the trailer 55-gallon drum liners Amount taken off the trailer 5-gallon buckets (filters/haz chemicals) Amount taken off the trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Brochures Amount needed 44 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at ______________________________________ have been asked by the Town of Trophy Club to allow a mobile collection event on my property to collect household hazardous waste on the ________________, 200__. I hereby give my permission to the Town of Trophy Club and the City of Fort Worth to hold a household hazardous waste collection event on my property in which the Town of Trophy Club has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the Town of Trophy Club and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the Town of Trophy Club or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the Town of Trophy Club to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. _________________________________ ______________________________ Signature Date ________________________________ ______________________________ Witness Witness 45 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.C.1 Public Hearing: Town Council to conduct 1st Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and Mayor to announce the date, time and place of the vote on the tax rate. EXPLANATION: The Mayor is required to announce the date, time and place of the vote on the tax rate and this announcement must be made during the public hearing on the tax rate. Suggested wording for announcement, “The Town Council will be voting on the 2008-09 tax rate on September 22, 2008, during their Regular Session, which starts at 7:00 P.M. The meeting will be held here in the Council Chambers.” RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: None 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.C.2 Public Hearing regarding an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. HISTORY: On October 2, 2006, the Town Council approved Ordinance 2006-39 which amended Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25, Trophy Wood Business Center, by adding Sign Criteria for the Value Place Hotel located at 306 Trophy Branch. The sign criteria included approval for four signs: 1. A monument sign structure on the south side of the hotel along State Highway 114. 2. A wall sign on the south wall of the hotel, facing State Highway 114, with an Optec LED Electronic Message Center. 3. A wall sign on the west wall of the hotel. 4. A wall sign on the north wall of the hotel [which was later moved to the east wall of the hotel]. On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested revisions to Value Place Hotel signage, moving the north wall signage to the east wall and adding an Optec LED Electronic Message Center. Staff approval was given and sign permits were issued. In October 2007, the Town Council requested that the Planning and Zoning Commission review staff’s approval of the Value Place Hotel signage changes to determine if appropriate procedures for approval were followed. January 3, 2008: The Planning & Zoning Commission reviewed the east elevation signage, with some members of the Commission concluding that Staff did not have the authority to approve the sign changes; after discussion and review, however, the Commission recommended to the Town Council approval of the east elevation signage. January 21, 2008: The Town Council denied approval of the east elevation signage for Value Place Hotel finding that staff did not have the authority to approve changes to the hotel signage. 47 February 4, 2008: Quanah Properties, LP (owner of Value Place Hotel) appeals the Town Council denial of the east elevation signage. March 20, 2008: The Planning and Zoning Commission hears the appeal and recommends approval to the Town Council of the east elevation signage with the stipulation that the current levels of illumination of the sign be maintained and an engineer certified written timeline of the current lumens levels and timeframes be provided. April 7, 2008: The Town Council directs the Town Manager to negotiate an agreement with Value Place Hotel regarding signage. AGREEMENT: Regarding the signage, the following agreements were reached: 1. Improvements will be made to the monument sign located at the southwest corner of the property along Highway 114. The improvements will include the addition of stone and paint matching the existing architectural style and color of the Hotel to cover the sign’s pedestal, currently grey in color. The lower three feet (3’) of the pedestal, measured from grade, shall be covered in stone with the remainder of the grey pedestal painted to match the color of the Hotel. 2. The east wall LED sign and the south wall LED sign illumination will be set and maintained in compliance with the Brightness Schedule Certification prepared by Federal Heath Sign Company. 3. The frequency change of the display on the south wall LED sign and on the east wall LED sign will be set such that the messages on each sign change no more frequently than one (1) time each thirty (30) seconds. 4. Town agrees to take necessary steps to process an amendment to PD No. 25 so that the terms of the PD Ordinance regarding signage shall be consistent with the terms and requirements of this Agreement. STAFF REVIEW: On August 8, 2008, the Building Inspector confirmed the above changes had been made to the monument signage. In addition, random checks of the message changes occurring on the LED signs have shown that the messages do not change more frequently than one (1) time each thirty (30) seconds. The brightness appears to be in compliance with the certification provided by Federal Heath Sign Company. Staff brings forward this request to process an amendment to PD-25 Value Place Hotel signage consistent with the terms of the negotiated agreement. PD-25 Value Place Hotel Sign Criteria to be amended as follows: • Removal of Sign Type “C” from the North Elevation. • Approval of the changes made to the Monument Sign, adding stone to the lower three feet of the pedestal and painting the remainder to match the hotel. • East elevation signage approved as an LED sign. 48 • Illumination on both the east wall LED sign and on the south wall LED sign to be maintained in compliance with the Brightness Schedule Certification prepared by Federal Heath Sign Company and attached as part of amended Exhibit 5.6. • South wall LED sign and east wall LED sign messages will change no more frequently than one (1) time each thirty (30) seconds. PUBLIC HEARING: Changes to a PD require publication in the local newspaper and notification of any property owners within 200-ft. of the Value Place Hotel. There are two property owners within 200-ft of Value Place Hotel: 1) Larry Stewart, owner of remaining tracts of land in PD-25, and 2) the City of Southlake, both of whom received notification. STAFF RECOMMENDATION: As Quanah Properties, LP has complied with the terms of the negotiated agreement, Staff recommended that the Planning and Zoning Commission recommend approval to the Town Council of the above outlined amendments to PD-25 Sign Criteria for Value Place Hotel signage. PLANNING AND ZONING COMMISSION RECOMMENDATION: On August 21, 2008, the Planning and Zoning Commission conducted a public hearing and discussion of this item with the following result: Commissioner Ashby made a motion to recommend to the Town Council approval of the Value Place Hotel signage as amended by the negotiated agreement, with the stipulation, as suggested by Commissioner Sheridan, to prohibit off-premise advertising. [The stipulation is not necessary as Chapter 5 of the Town of Trophy Club Code of Ordinances prohibits off-premise advertising.] Commissioner Reed seconded the motion. Ayes: Stephens, Reed, Sheridan, Ashby, Hill Nays: Forest Action: 5-1, Approved (ch) Attachments: Ordinance 2006-39 plus Exhibits Memo of Inspection of Monument Sign from Building Inspector Property Owner Notification; Newspaper Publication Planning & Zoning Commission Minutes Ordinance 2008-XX, including new Exhibit 5.6 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: July 29, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, August 21, 2008 TOWN COUNCIL Monday, September 8, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider: Changes to the Comprehensive Zoning Ordinance, amending various sections of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit “D” Site Plans, to allow existing signage on Value Place Hotel. To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards. The Town Council will hear the above items on September 8, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. 71 NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, August 21, 2008 TOWN COUNCIL - Monday, September 8, 2008 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 REGARDING: Value Place Hotel Signage, 306 Trophy Branch, Trophy Club, TX LOCATION OF PROPERTY: PD (Planned Development) District No. 25, Trophy Wood (Business) Center, located at the northwest corner of T. W. King County Road and State Highway 114. PURPOSE OF PUBLIC HEARING: To process an amendment to PD-25 Value Place Hotel signage as required by a negotiated agreement. TO SURROUNDING LAND OWNERS: Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of this property receive written notification of this request. All interested property owners are encouraged to attend this hearing. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club, Planning & Zoning Department, 100 Municipal Drive, Trophy Club, Texas 76262; Attn: Carolyn Huggins. FOR FURTHER INFORMATION: Please contact Carolyn Huggins, Planning & Zoning Coordinator at 682-831-4681. 72 73 EXCERPT FROM AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING MINUTES: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING AMENDMENT TO PD-25 SIGN CRITERIA FOR VALUE PLACE HOTEL LOCATED AT 306 TROPHY BRANCH. Chairman Hill opened the public hearing and read the background information on this case from the staff report. He asked David Johnston, Quanah Properties, if he had anything to add. Mr. Johnston stated that Quanah has complied with the agreement and they are happy with the sign, and hope that the Town is too. Chris King, Building Inspector, stated that Quanah is in full compliance with the agreement. Shirley Forgan, 1 Hanna Ct., stated that the flashing neon sign is saying “Win $50,000 Check In Now”. She wanted to know if that is something new? Ms. Huggins explained that Value Place Hotel can change the message on the sign. That is allowed. Ms. Forgan asked if the amount of illumination has been downgraded. Ms. Huggins responded that it has been reduced. Commissioner Sheridan asked if the PD allows off-premises advertising; off-premises meaning advertising something that is not Value Place Hotel related. Ms. Huggins stated that the PD must specifically allow the use or it is prohibited. PD-25 does not specifically allow off-premises advertising, therefore it is prohibited. Commissioner Sheridan stated that he does not want to infer anything different than what is negotiated, and he does not have any problem with the “$50,000 come on in” signage that is advertising Value Place Hotel, but he objects to off-premise advertising. Mr. Ashby asked if the overall Town ordinance prohibits that. Ms. Huggins stated that it is not specifically addressed. [This is not correct. It is addressed in Chapter 5 – General Land Use, Article IV, Sign Regulations, Section 4.06 Commercial and Institutional Signs; Sign Type – Off-Premise – PROHIBITED.] Commissioner Sheridan stated that he is for everything that the Town agreed to, but asked that off-premise advertising be prohibited. He asked Mr. Johnston if he would be agreeable to this. Mr. Johnston asked for an example and Commissioner Sheridan stated that there is a school that advertises real estate and he objects that. He stated that he supports advertising anything to do with the hotel, i.e., the $50,000 promotion that he hopes is successful for the hotel, but he wouldn’t want the hotel to advertise Tom Thumb or any other company or facility off-site. Mr. Johnston stated that they would abide by whatever everybody else in Town has to abide by, but stated that they don’t intend to advertise for anyone but their hotel on their site. Commissioner Ashby made a motion to recommend to the Town Council approval of the Value Place Hotel signage as amended by the negotiated 74 agreement, with the stipulation, as suggested by Commissioner Sheridan, to prohibit off-premise advertising. Commissioner Reed seconded the motion. There was further discussion among the Commissioners regarding off-premises advertising with Commissioner Forest asking additional questions to define “off- premises” (anything not inside the lot boundary), and whether or not “congratulations Trophy Club…” or “good luck” type of signage would be prohibited, with the consensus by the Commissioners being that congratulatory type of signage would be prohibited unless the event or persons being congratulated were staying at the hotel, in which case it would be legitimate. As there was no further discussion, the Chairman called for the vote. Ayes: Stephens, Reed, Sheridan, Ashby, Hill Nays: Forest Action: 5-1, Approved 75 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2008-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2006-39, WHICH AMENDED ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT “C”, “DEVELOPMENT STANDARDS”, BY AMENDING EXHIBIT “5.6 SIGN CRITERIA” AS OUTLINED IN THIS ORDINANCE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; WHEREAS, on October 2, 2002, the Town adopted Ordinance No. 2006-39, amending Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from it’s then current zoning of “CG”, Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, subsequent to the settlement of a dispute between Quanah Properties and the Town of Trophy Club regarding the signage at the Value Place Hotel located on Tract 5 of PD Planned Development No. 25, Trophy Wood Business Center, an amendment to PD-25 was requested for the purpose of seeking approval of the east elevation signage of the hotel located on Tract 5 of this PD Planned Development in order that the regulations contained within PD-25 relative to the signage for Tract 5 would be consistent with the terms agreed upon by the Town and Quanah Properties; and WHEREAS, after public notices were given in compliance with State law and a public hearing was conducted, and after considering the information submitted at that public hearing and all other relevant information and materials, the Planning and Zoning 76 Commission determined that the proposed amendments to the signage regulations were appropriate, and therefore, took action at its August 21, 2008 meeting to recommend that the Town Council adopt the amendments to Ordinance No. 2006-39 as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before the Town Council at which the Town Council does hereby approve the amendments to Ordinance 2006-39 as set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES That 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. 2006-39 of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby amended in the following particulars, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are hereby ratified and affirmed. F. Sign Criteria. Signage requirements for Tract 5 of this PD Planned Development are set forth in Exhibit “5.6”, “Sign Criteria”, which is attached and incorporated herein as if copied in its entirety. Monument Sign “A” is located at the southwest corner of the property along Highway 114 and is improved by the addition of stone to the lower three feet (3’) of the pedestal, measured from grade, and the addition of paint on the remainder of the originally grey pedestal, the stone and paint to be the same or similar color of the Hotel. Sign “C” (north elevation) is deleted. An east elevation wall sign is added. The east elevation signage is a wall sign cabinet structure with Optec L.E.D. Electronic Message Center, 48 X 96 Pixel Matrix and 25 mm pitch. The illumination on both the east wall LED sign and on the south wall LED sign shall be set and maintained in compliance with the Brightness Schedule Certification prepared by Federal Heath Sign Company, a copy of which is attached hereto and incorporated herein as part of Exhibit “5.6”. 77 The frequency of change of the display on the south wall LED sign and the east wall LED sign shall be set such that the messages on each sign change no more frequently than one (1) time each thirty (30) seconds, a copy of which is attached hereto and incorporated herein as part of Exhibit “5.6”. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-25 and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 78 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of September, 2008. _____________________________ Mayor Nick Sanders Town of Trophy Club, Texas ATTEST: __________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________________ Town Attorney, Patricia Adams Town of Trophy Club, Texas 79 EXHIBIT 5.6 80 EXHIBIT 5.6 (CONTINUED) 81 EXHIBIT 5.6 (CONTINUED) 82 EXHIBIT 5.6 (CONTINUED) 83 EXHIBIT 5.6 (CONTINUED) 84 EXHIBIT 5.6 (CONTINUED) 85 EXHIBIT 5.6 (CONTINUED) 86 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.C.3 Public Hearing regarding an Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions. (ADM-08-029) PURPOSE: To allow accessory structures to be built closer than ten (10) feet to the primary dwelling. STAFF COMMENTS: By current ordinance, detached accessory structures must be at least ten (10) feet away from the primary dwelling structure which then usually places the structure into setbacks and easements. The Building Permit Department is seeing an increase in these types of requests as residents create outdoor living and entertainment centers in backyards. STAFF SUMMARY: After review by the Building Inspector, Fire Marshall, and Town Management, who are charged with maintaining safety and beautification standards, Staff believes it would be beneficial to the Town, builders and homeowners if this requirement were changed to allow accessory structures closer than ten (10) feet from the primary structure. This would allow the structures (such as outdoor kitchens, pergolas, and arbors) to be built within the setbacks and outside of the boundaries of easements. For increased safety, Staff has added verbiage in the ordinance asking that these structures be included in the calculation of total square footage under roof, and if the total square footage exceeds 7,500 sq. ft. then the accessory structure being added must be protected with a sprinkler system in its entirety. STAFF RECOMMENDATION: Under the current regulations, Staff must deny designs for accessory structures within 10-ft of the primary dwelling. Staff believes that revising this ordinance will allow residents to build outdoor entertainment areas as envisioned by the homeowner, while maintaining life, health, and fire safety standards to the highest level, as well as maintaining build lines, setbacks and easements. Staff recommends approval of these changes. PLANNING AND ZONING COMMISSION RECOMMENDATION: On August 21, 2008, the Planning and Zoning Commission conducted a public hearing and discussion of this item with the following result: 87 Vice Chairman Stephens made a motion to recommend to the Town Council approval of changes to the Town of Trophy Club Code of Ordinances regarding accessory structures, design criteria, definitions and other miscellaneous provisions. Commissioner Sheridan seconded the motion. Ayes: Forest, Sheridan, Stephens, Hill, Reed, Ashby Nays: None Action: 6-0, Approved Attachments: Redline Sections of Chapter 13-Zoning Regarding Recommended Changes Public Hearing Notice Excerpt from Planning & Zoning Commission Minutes Ordinance 2008-XX P&Z 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: July 29, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: August 1, 2008 SUBJECT: Public Hearings NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, August 21, 2008 TOWN COUNCIL Monday, September 8, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, August 21, 2008, to consider: Changes to the Comprehensive Zoning Ordinance, amending various sections of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting accessory structures, affecting design criteria, and other miscellaneous provisions of Chapter 13. To amend Ordinance No. 2006-39, the same having amended Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, Trophy Wood Business Center, Exhibit “D” Site Plans, to allow existing signage on Value Place Hotel. To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards. The Town Council will hear the above items on September 8, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. 109 PLANNING & ZONING COMMISSION MINUTES – AUGUST 21, 2008 PUBLIC HEARING, DISCUSSION AND RECOMMENDATION REGARDING CHANGES TO THE TOWN OF TROPHY CLUB CODE OF ORDINANCES, CHAPTER 13-ZONING, INCLUDING WITHOUT LIMITATION, AMENDING AND ADOPTING NEW REGULATIONS AFFECTING ACCESSORY STRUCTURES, AFFECTING DESIGN CRITERIA, AND OTHER MISCELLANEOUS PROVISIONS OF CHAPTER 13. (ADM- 08-029) Chairman Hill announced the case and asked Ms. Huggins for staff comments. Ms. Huggins read a portion of the staff report and stated that staff recommends approval of these changes. Mike Davidson, 201 Ridgeview Lane, stated that he was at the last P&Z meeting where this item was discussed and at the end of the discussion “grandfathering” was added to the motion. He stated that he is not in favor of grandfathering for structures built without permits or conformance to Town regulations. They should have to pay for the permit and possibly a fine levied as well. Grandfathering allows them to get away scott free. Jill Setzer, 4 Crickett Ct., stated that she also attended the last meeting and she wanted to make sure that the changes include outdoor storage sheds and that the typographical errors have been corrected so that the height restriction would be 8-ft. Ms. Huggins responded that the typo errors have been corrected so that it now reads 8-ft. Shirley Forgan, 1 Hanna Ct., stated that she is not aware of what this is – could it be explained to a lay person? She asked for an example of a structure that would be affected by this change. Chris King, Building Inspector, explained that if she wished to put an arbor or outdoor kitchen in her backyard the current ordinance requires that the structure must be 10-ft. away from the house. Staff is proposing that homeowners be allowed to put these structures closer than 10-ft. to the house. The reason for this is that yards have utility easements running through the side and rear property lines, as well as backyards with unique angles, and if the structure is placed 10-ft. away from the house, many times the structure then encroaches into easements, which affects drainage. By placing the structure closer to the house, the structure can be placed within setbacks and kept out of the easements. Chairman Hill closed the public hearing. Commissioner Sheridan stated that large roof covered kitchens, patio covers and pergolas have been built in Town by people who did not realize that they needed to obtain a permit to build a patio cover. He stated that anyone who violates the law should be nailed to the wall. However, he believes many people may have a storage shed where they didn’t know they needed to obtain a permit. Rather than having a witch hunt by Town staff, if the structure meets the code they should be let off. 110 Ms. Huggins stated that the current staff report outlining the proposed changes to this ordinance does not include a provision for grandfathering. The reason for this is because the Town Attorney reviewed the stipulation in the motion from last month’s meeting and determined that an existing structure built without a permit that would be in compliance after the approval of this change by the Town Council would then become a legal structure and thus would not need to be grandfathered in. Grandfathering is needed for an existing structure that is non-conforming, making it a legally non- conforming structure. Commissioner Forest asked if anyone knows how many structures exist in the Town that were put up without permits. Chris King stated that a storage shed that is less than 120 sq. ft. does not require a permit. Staff would literally have to go door-to-door and measure each storage building to determine square footage and if larger than 120 sq. ft. then check to see if a permit was obtained. Vice Chairman Stephens made a motion to recommend to the Town Council approval of changes to the Town of Trophy Club Code of Ordinances regarding accessory structures, design criteria, definitions and other miscellaneous provisions. Commissioner Sheridan seconded the motion. Ayes: Forest, Sheridan, Stephens, Hill, Reed, Ashby Nays: None Action: 6-0, Approved 111 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED “ZONING”, ARTICLE II, ENTITLED “DEFINITIONS,” SECTION 2.02 ENTITLED “GENERAL DEFINITIONS” TO ADD DEFINITIONS FOR “ARBOR”, “OUTDOOR KITCHEN”, AND “PERGOLA”; AND AMENDING ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03 ENTITLED “ACCESSORY STRUCTURES AND USES”, SUBSECTION A. 1. e. (ii) RELATIVE TO HEIGHT AND SCREENING REQUIREMENTS, SUBSECTION D. ENTITLED “LOCATION” AND SUBSECTION F. ENTITLED “DESIGN CRITERIA”, SUBSECTION (1); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; 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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission, and the information and other materials received at public meetings, the Town Council has concluded that the amendments of this Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and general welfare; and WHEREAS, as allowed in the Town’s Ordinance, detached accessory structures such as outdoor kitchens, arbors and pergolas must be built at least ten (10) feet away from the primary dwelling structure; and WHEREAS, due to the ten (10) foot requirements, some accessory structures were being placed within setbacks and easements; and WHEREAS, after review by the Town staff, who are charged with maintaining safety and beautification standards, Staff recommended that the Town’s Ordinance be amended to allow accessory structures closer than ten (10) feet from a primary 112 structure in order to allow accessory structures to be constructed without encroaching into setbacks and easements; and WHEREAS, having determined that changing the regulations of accessory structures in accordance with the provisions set forth below allows improvements to property that beautify, increase enjoyment and add value to property is an appropriate and beneficial governmental function, Council hereby determines that the adoption of this Ordinance serves the health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENTS 2.01 Article II, Entitled “Definitions,” of Chapter 13, entitled “Zoning”, of the Code of Ordinances of the Town of Trophy Club is hereby amended so that Section 2.02 entitled “General Definitions” is amended to add definitions for “arbor”, “outdoor kitchen”, and “pergola”, so that Section 2.02 reads in its entirety as follows: Section 2.02 General Definitions A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such definition would be inconsistent with the manifest intent of the Planning and Zoning Commission and the Town Council or where the context of this Ordinance clearly indicates otherwise: 1. Accessory Building or Accessory Structure: A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. 2. Accessory Use: A use subordinate to and incidental to the principal use. 3. Acreage, Gross: The total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley right-of-ways and open spaces, but not including public parks. 4. Acreage, Net: The total acreage of a subdivision less those areas dedicated to public use, such as street and alley right-of-ways, open spaces and public 113 parks. Provided, however, that easements shall be included in net acreage calculations. 5. Airport: A landing facility for aircraft approved by the United States Federal Aviation Agency. 6. Alcoholic Beverage: Alcohol, or any beverage containing more than one- half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 7. Alley: A public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 8. Animal Pound/Shelter (Private): A facility for the incarceration of small domestic animals for short periods of time. 9. Animal Run: A structure or barrier for the purpose of containing a dog or other animal as authorized in the Town’s Animal Control Ordinance. 10. Antique Shop: An establishment offering for sale, within a building articles such as glass, china, furniture or similar furnishing and decorations which have value and significance as a result of age, design or sentiment. 11. Apartment: A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or groups of individuals. 12. Apartment House: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 13. Arbor: An open framework designed to offer shade, with latticework that also serves as a trellis on which climbing plants can grow. 14. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. 15. Area of lot: The net area of the lot and shall not include portions of streets and alleys. 16. Art Studio: An area for the collection, display, distribution, or instruction of objects of art. 17. Art Supply Store: An establishment offering for sale those materials used by conventional artists for the preparation of their art form. 114 18. Attached: Any structure that shares a common wall or foundation with the primary structure. 19. Bakery or Retail Confectionery Store: An establishment that prepares baked foods and prepared candies on site or from a wholesale supplier for the purpose of retail sales. 20. Basement: A building story which is partly underground and having at least one-half (½) of its height below the average level of the adjoining ground. 21. Bedroom: A room in a dwelling other than a kitchen, dining room, living room, bathroom, closet den, or sunroom which is used primarily for sleeping. 22. Blind Fence or Wall: A fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 23. Block: An area within the Town enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. 24. Breezeway: A covered passage one story in height connecting a main structure and an accessory building. 25. Buildable Area: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. 26. Building: A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 27. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. 28. Building Setback Line: A line parallel or approximately parallel to the street line and beyond which a building or structure may not be erected, encroach or project. 29. Cabana: A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 30. Carport: A permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. 115 31. Cemetery or mausoleum: An area or structure designed to contain the remains of humans for permanent interment. 32. Children’s Playhouse: A non-commercial single story structure of less than one hundred twenty square feet (120) used exclusively for the recreational purpose for children. Said structure shall in no ways be used for habitation. 33. Church: A place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns. 34. Clinic: An institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. 35. Club: An association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carrying the privilege of exclusive use of a club building and premises. 36. Colored and Embossed Poured-in-Place Concrete: A site constructed concrete panel with a raised design and colored to complement the surrounding structures. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. 37. Commercial: Any business, other than a home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place. 38. Commercial Amusement: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 39. Community Festival: A function or occasion that is endorsed by the Town Council held at a central location where scheduled activities are held or performed for the benefit of the community. 40. Community Garage Sale: A coordinated event, which includes as participants any number of residents of the Town participating together by simultaneously conducting garage sales that are sponsored by a bona-fide and recognized non-profit civic organization. 41. Comprehensive Plan: The Comprehensive Land Use Plan of the Town of Trophy Club and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 116 42. Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing that is designed to resemble cut stone. Facing shall be installed on both sides of the unit. 43. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. 44. Convalescent Home: Any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 45. Corner Lot: A lot situated at the junction of two (2) or more streets. 46. Country Club: An area containing a golf course and a clubhouse available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 47. Convent: Residence of nuns and other accessory activities which are associated therewith. 48. Crafts and Hobby Shops: A retail establishment which displays and/or offers for sale objects or portions of objects relating to recreational activities. 49. Cul-De-Sac: A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround as shown in the Town Subdivision Regulations. 50. Cultural Building and Facilities: A building or complex of buildings that house cultural facilities owned and/or operated by a governmental agency or private non-profit agency. 51. Day Care Center or Nursery: An establishment where more than three (3) unrelated children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. The term “day care center” or “day nursery” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. 52. Day Care (In a Private Home): The care of no more than three (3) children, not a part of the family, in a residential structure. Such care being provided 117 by a resident of the structure. 53. Decorative Pre-Cast Embossed Concrete: A pre-cast concrete panel with a raised design. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. The use of corrugated tin shall not be allowed to constitute a design. 54. Decorative Street Pavement: The physical construction or treatment of streets such that the aesthetic quality of the street is enhanced. Enhancements may include or consist of stamped concrete, decorative paves, colored concrete or a combination thereof. 55. Dedication: The setting aside of a lot, parcel, or tract of land for a special use by the public. Such setting aside shall constitute a transfer of ownership from the current owner to the Town of Trophy Club and shall be accomplished through platting the property or by a special instrument. 56. Depth of Front Yard: The minimum distance from the front lot line to the front line of a building. 57. Depth of Rear Yard: The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line. 58. Design Standards: The (i) subdivision regulations of the Town, (ii) standards for paving, drainage and utility improvements, and (iii) any other ordinances, regulations or rules of the Town relating to standards for the construction of paving, drainage or other utility improvement. 59. Development: The construction of one or more new buildings or structures on one or more building lots, or the use of open land for a new use. "To develop" shall mean to create development. 60. Detached: Any structure that does not share a common wall or foundation with the primary structure. 61. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. 62. District: A section of the Town of Trophy Club for which the regulations governing the area, height and use of buildings are uniform. 63. Drip Line: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 64. Dry Cleaner, Pick-Up and Drop-Off: A retail establishment where fabrics 118 are cleaned with substantially non-aqueous solvents. 65. Dry Cleaning Plant: A commercial laundry or cleaning plant doing cleaning or laundry for off-premises service outlets and retail establishments. 66. Duplex: A detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. 67. Dwelling: An enclosed building or portion thereof having accommodations for only one family or occupied by one family. 68. Easement: A right of a person, government agency, or public utility to use public or private land, which is owned by another person, government agency, or public utility, for a specific purpose. 69 Efficiency Apartment: A dwelling unit in a multi-family structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred square feet (600 sq. ft.) of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. 70. Electrical Generating Station: A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures. 71. Electrical Substation: A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwelling and other structures. 72. Electrical Transmission Line: A high voltage line used to transmit electrical current to or between electrical substations or over long distances and customarily associated with towers. 73. Enclosed Building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air. 74. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering. 75. Extended 72 Hour Maximum Stay Surgery Center: Shall mean any 119 facility that operates primarily to provide outpatient based diagnostic treatment and medical/surgical intervention to patients and patrons requiring medical treatment with provisions for extended, monitored recovery beyond twenty-four hours. Such facilities may include provisions for extended recovery and medical monitoring for elective surgical procedures and elective medical intervention. The extended stay facility will meet the environment of care for an institutional medical/surgical facility. The facility focus shall primarily address low to medium acuity cases as a component of primary care and elective care. Due to the primary and elective medical focus, the extended 72 hour maximum stay facility shall not include emergency care beyond the limits of first aid treatment. Additionally, the extended stay facility shall not allow helipads or heliports associated with traditional medical facilities where emergency treatment is primary. 76. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. 77. Family: Any number of individuals living together as a single family housekeeping unit in which not more than three (3) individuals are unrelated by blood, marriage, adoption or foster assignment. 78. Family Home: Shall have the meaning as defined by Chapter 42 of the Texas Human Resources Code. 79. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. 80. Fire or Police Station: A facility designed to provide public protection from the dangers of fire and crime. 81. First Floor: The highest story of a building having its interior floor surface at ground level or not more than four feet (4’) above ground level. Such ground level shall represent the average level along the side of the building having the lowest ground elevation, and shall be measured at a maximum of four feet (4’) from the building. The first floor in a single family residential building shall be designated as the main living area. In a split level residence, the floors located below and above the first floor shall be designated as half (½) floors. 82. Florist Shop: A shop offering flowers, flower arrangements services and associated products for sale. 120 83. Four-Plex or Quad-Plex: A detached building containing four (4) single- family attached dwellings. 84. Front Yard: An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. 85. Garage, Private: An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. 86. Garage, Front Entry: A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto being from the front property line. 87. Garage Sale: A sale of previously owned domestic and household items on site by the resident of a single family detached dwelling. This does not include commercial retail sales. (See “Community Garage Sale”) 88. Garage, Side or Rear Entry: A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line. Said structure shall be located partially or totally behind any portion of the living area. 89. Gazebo: A secondary structure on a lot incidental to the main residence and being an open air garden pavilion, but excluding sleeping, cooking (excepting an outdoor charcoaler or grill) and bath facilities. 90. Golf Course (Commercial): A golf course, privately owned but open to the public for a fee and operated as a commercial venture. 91. Grocery Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy items, and similar products for human consumption for off-premises consumption only. 92. Group Home for the Disabled: A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which the staff person(s) provide care, education, and participation in community activities for the 121 residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. 93. As used herein, the term “disabled” shall mean having i. A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently; ii. A record of having such an impairment; or iii. Being regarded as having such an impairment. 94. However, “disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the disabled” shall not include alcoholism or drug treatment center, work release facilities for convicts or ex- convicts, or other housing facilities serving as an alternative to incarceration. 95. Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 96. Hardware Store: An establishment offering small hand tools and small building materials and associated convenience items, and personal hobby materials for sale to the general public. 97. Height: When referring to the height of a building or portion thereof, the vertical distance measured from the average established grade at the exterior surface of the structure to the highest point of the structure, measured a maximum of four (4) feet from the exterior surface of the structure. 98. Historic Tree: A tree which has been found by the Town to be of notable historic interest because of its age, type, size or historic association and has been so designated by the official records of the Town. 99. Home Occupation: A home occupation is an occupation carried on in the home by a member of the occupant’s family without the employment of additional persons, without the use of a sign to advertise the occupation, without structural alterations tin the building or any of its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and which does not create a nuisance to abutting residential property such as emission of odor, increased traffic or generation of light or smoke and where the use is carried on in the main structure only. 122 100. Hospital: Shall mean a facility or area for providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. 101. Hotel or Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a motel or hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. 102. HUD-Code Manufactured Home: A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 103. Industrialized Housing: A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to i. Housing constructed of sectional or pannelized systems not utilizing modular components; or ii. Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. 104. Kindergarten: School for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 123 105. Laundromat: A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. 106. Lot: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has been properly filed of record, as shown in the Town Subdivision Regulations. 107. Lot Coverage: The total area of a lot upon which is placed a building, buildings or other structures. 108. Lot Depth: The length of a line connecting the midpoints of the front and rear lot lines. 109. Lot, Double Frontage or Through: Any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to each other or within forty-five (45) degrees of being parallel to each other 110. Lot Frontage: The length of street frontage between property lines. 111. Lot, Irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than ninety (90) degrees. 112. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the County where the lot is located, or a parcel of land, the deed of which was recorded in the office of the county clerk of the County where the lot is located prior to the effective date of this ordinance. 113. Lot, Reverse Frontage: A corner lot, the rear of which abuts the side of another lot. 114. Lot Width: The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 115. Maintenance: All work necessary or appropriate to keep a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. 116. Masonry Materials: Materials that shall include stone, brick, faux stone or 124 brick, and concrete masonry units with decorative facing. 117. Massage: Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or of other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors, and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician’s direction. The term “massage” shall not include massages authorized by the State in beauty shops and barber shops staffed by licensed barbers and beauticians. 118. Massage Parlor: Any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing device, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician’s direction. 119. May: Shall mean discretionary, and not mandatory. 120. Mechanical Equipment: Any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room. 121. Minimum Square Footage of Dwelling Unit: The minimum square footage of living space required per dwelling unit, excluding open porches, breezeways, patios or areas designated for automobile parking, but including enclosed porches. 122. Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the travel mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 123. Modular Home: A structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term 125 includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 124. Monastery: Residence of monks or priests and other accessory activities which are associated therewith. 125. Mortuary or Funeral Home: An establishment serving the needs of the community by providing embalming and burial services in conformance with the State of Texas Statutes. 126. Multi-family Dwelling: A building or buildings containing or aggregating four or more single-family dwelling units. 127. Natural Grade or Grade: The natural grade existing prior to any site preparation, grading or filling. The natural grade is that area or point adjacent and contiguous to a proposed building or structure prior to construction or placement of the same. 128. Natural Vegetation: Living plant material. 129. Noncommercial: A person, endeavor, organization, agency, or operation that does not involve the exchange of goods or services, as a principal or secondary use, for the remuneration of a person, venture, partnership, corporation, or organization occupying the premises upon which the transaction or part thereof takes place. 130. Nonconforming Use: A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. 131. Office, Business and Professional: A room or group of rooms for the provision of business and professional services, not including retail sales or production. 132. Office, Medical and Dental: A room or group of rooms for the provision of medical and dental health care services, not to include other than ambulatory care. 133. Off-Street Parking: Concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. 134. Opaque: A fence material that is impenetrable by light; neither transparent 126 nor translucent. 135. Open Space: All land designated for the recreational enjoyment and/or natural beauty of the area. 136. Outdoor Advertising Sign: A signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. 137. Outdoor Kitchen: May include not only a grill but also a refrigerator, cabinetry, a sink or even a wine cooler. 138. Outside Storage: The storage of commodities, goods and/or refuse outside of an enclosed building. 139. Park: Land dedicated to, purchased by or otherwise acquired by the Town for the purpose of providing public recreational and/or open areas. 140. Pavement Width: That portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of the curbs. 141. Pavilion: An open structure without walls but covered with a roof. The structure may be of wood construction and shall have a roof construction consistent with residences within the Town. 142. Pawn Shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker. 143. Pergola: A shaded walk or passageway of columns that support cross beams and an open lattice, upon which woody vines are grown. 144. Perimeter Plan: A map indicating the proposed areas of common land usage on a tract of land three hundred feet (300’) in depth adjacent to and within the total perimeter of the district. 145. Person: Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. 146. Pedestrian Path: A paved pedestrian way generally located within the public street right-of-way, but outside of the street or roadway. 147. Pharmacy, Drug Store, Apothecary: An establishment offering over the counter and prescription drugs and allied products for retail sale. 148. Photographic Studio: A building or portion of a building as a place of work 127 for a photographer. 149. Planned Development: A subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and park and recreational areas, adequate to serve the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. 150. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. 151. Plat: A final plat that has been approved by the Town in accordance with the Town Subdivision Regulations and filed in the Deed Records of the county where the land is located. 152. Playground: An area used primarily for recreational purposes for children and which generally includes equipment such as, but not limited to, swing set, slides and merry-go-rounds; provided, however, that a playground shall not mean any play area on a residential lot and used primarily by a person or persons residing on the residential lot. 153. Premises: A piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent to the same by virtue of different ownership, rental, lease, usage or occupancy. 154. Principal Structure: A building or structure, the use of which is a principal use. 155. Principal Use: A use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 156. Private: The exclusion of those who have not been invited. 157. Private Club: A social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 158. Professional: Service shall mean work performed by a member of a profession licensed as a profession by the State of Texas. 159. Public: Promotion of a public cause or service, including utilities having a franchise from the Town of Trophy Club, but excluding other profit-making organizations. 160. Public Right-of-Way: A strip of land used or intended to be used, wholly or 128 in part, as a public street, alley, crosswalk, pedestrian path, drainage way or other public way. 161. Public Utility: Any person, corporation or other entity owning or operating for compensation within the Town equipment or facilities for i. Producing, generating, transmitting, selling or furnishing electricity; ii. Conveying, transmitting or receiving communications over a telephone; iii. Providing, furnishing or selling water or sewer services; iv. Producing, transporting, furnishing or selling natural gas; or v. Providing, furnishing or selling cable television. 162. Rear Yard: A space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line. 163. Recreational Vehicle Camp Grounds: Any premises on which one or more recreational vehicles or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for one or more such coaches or trailers. 164. Rectory: Residence of ministers or priests and other accessory activities which are associated therewith. 165. Religious Institution: Shall be held to include a church as defined herein. 166. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance 167. Residential Density: The number of dwelling units per gross acre, excluding any areas that are designated to be used for parks and open space, and other non residential purposes. 168. Restaurant or Café: A building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. 169. Restaurant or Eating Establishment (Drive-In Service): An establishment designed and constructed to serve food for consumption on the premises, in an automobile, or for carry-out for off premises consumption and which establishment may or may not have on-premises dining room or counter. 129 170. Restaurant with Alcoholic Beverage Sales: A restaurant or eating establishment where alcoholic beverages are sold whose gross sales in Trophy Club from food on an annual basis at the location represent at least sixty percent of total sales. 171. Retail Store: A place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon or single articles as opposed to wholesale trade. 172. Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. 173. Retirement Home: A development facility providing dwelling units specifically designed for the needs of ambulatory persons who have retired from active vocations. 174. School, Denominational or Private: A school under the sponsorship of a private agency, corporation, or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, and accredited or licensed by the state of Texas; but excluding private trade or commercial schools as herein defined. 175. School, Public: A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited or licensed by the state of Texas; but excluding private trade or commercial schools. 176. School, Trade or Commercial: An establishment other than accredited or licensed public, private or denominational school, offering training or instruction in art occupation, or trade. 177. School, College / University: An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. 178. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. 179. Screening Wall or Fence: A wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. 130 180. Servants' Quarters: An accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. 181. Shall: Means mandatory, and not discretionary. 182. Side Yard: An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the side street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. 183. Single-Family Attached Dwelling: A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. 184. Single-Family Detached Dwelling: An enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. 185. Site Plan: A map, drawing or chart showing the location of all existing and planned structures, landscaping design, ingress and egress, parking, height of structures and/or any other elements or design standards required by this ordinance or the Town Subdivision Regulations and which has been approved in accordance with the Town Subdivision Regulations. 186. Specimen Tree: A tree which has been determined by the Town to be of high value because of its type, size or other professional criteria, and which has been so designated as part of the official records of the Town. 187. Stable (Private): A stable with a capacity for not more than four (4) horses, mules, or other domestic animals. 188. Stadium: Any athletic field or stadium operated for the general public, including a baseball field, or football field or stadium. 189. Storage: A space or place for storing and safekeeping of goods in a warehouse or other depository. 190. Storage/Utility Building: A non-commercial structure that is secondary to the primary structure and is used primarily for storage of garden & lawn equipment, tools, and miscellaneous household items. This does not include the regular storage of material and goods intended to be sold or used in 131 connection with any business or commercial enterprise. 191. Story: That portion of a building between the surface of any floor and the surface of the floor next to it, or if there be no floor above it, then the space between such floor and the ceiling next above. 192. Street: Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as an alley. 193. Street, Private: Any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not dedicated to the public. 194. Street, Public Dedicated: Any parcel of land dedicated to the public and used or which may be used specifically as a thoroughfare. 195. Street Right-Of-Way: A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 196. Structural Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 197. Structure: That which is built, erected or constructed; an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner, including parking lots. 198. Subdivider: Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. 199. Subdivision: A division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes re- subdivision of land or lots which are part of a previously recorded subdivision. 200. Swimming Pool (Private): A swimming pool constructed for the exclusive use of the residents of a one-family, two family or multiple-family dwelling and located and fenced in accordance with the regulations of the Town of Trophy Club. 201. Swimming Pool (Commercial): A swimming pool with accessory facilities, not part of the municipal or private recreational system, and not a private swim club, but where the facilities are available to the general public for a fee. 132 202. Temporary Field or Construction Office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. 203. Town: Shall mean the Town of Trophy Club, Texas. 204. Town Engineer: The duly authorized person in charge of engineering for the Town, or that person's designated representative. 205. Town Planner: The duly authorized person in charge of planning for the Town, or that person’s designated representative. 206. Townhouse/Townhome: A single-family attached dwelling unit on a separately platted lot which is joined to another selling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 207. Tree: Any self-supporting woody perennial plant which has a trunk diameter of three inches (3”) or more when measured at a point four and one-half (4½’) feet above ground level and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. 208. Triplex: A moderate density use and shall mean a detached building containing three (3) single-family attached dwelling units. 209. Use: The purpose for which land or buildings are or may be occupied in a zoning district. 210. Utility Distribution Lines: Facilities which serve to distribute and transmit electrical power, gas, and water, including but not limited to electrical transmission lines, gas transmission lines, and metering stations. 211. Variance: Relief from or variation of the provisions of these regulations, other than the Use Regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of the Zoning Board of Adjustment. 212. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. 213. Wholesale Business: A commercial use devoted to the sale of goods and 133 commodities in large lots to retail outlets and stores and manufacturers. 214. Width of Lot: The horizontal distance between the side lot lines of a lot measured at right angles to the depth or the same distance measured at the front building line. 215. Width of Side Yard: The least distance between a side wall of a building and the side line of the lot. 216. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron. 217. Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. 218. Yard Area: The front, side, and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. 219. Yard, Front: An open space, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. 220. Yard, Rear: The required rear yard is an open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line. 221. Yard, Side: An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line. 222. Zoning District: A classification applied to any certain land area within the Town stipulating the limitations and requirements of land usage and development. 223. Zoning Map: The Official Zoning Map of the Town of Trophy Club together with all amendments thereto. 134 B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the Town Council of the Town of Trophy Club after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the Town Council, as provided by law. Public hearing before the Planning and Zoning Commission on any proposed amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after such notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the Town Of Trophy Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. (Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00; Definition No. 74, Ord. No. 2002-28 P&Z, § III, 8-19-02; Definition No. 99, Ord. No. 2003- 28 P&Z, § II, 12-1-03; Definition Nos. 9, 13, 26, 35, 41, 52, 60, 75, 98, 114, 115, 133, 147, 163, 169, 175, 209, 213, Ord. No. 2005-16 P&Z, § 7-18-05) 2.02 Article V, Entitled “Supplementary District Regulations” of Chapter 13, Entitled “Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03 entitled “Accessory Structures and Uses”, Subsection A. 1. e., Entitled “Height Requirements / Screening Requirements”, Subsection (ii) is hereby amended to be and read in its entirety as follows: e. Height Requirements / Screening Requirements: i. Hard top pool covers shall not exceed four feet (4’) in height above the outside perimeter of the pool. ii. Accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed eight feet (8’) in height. iii. Hard top pool covers located on lots abutting golf courses or public or private parks shall be screened from public and private view by the use of live screening as required by this section. Live screening shall reach a minimum height of four feet (4’) within one (1) year after the date of initial planting; provided however, that such live screening shall at no time exceed the height of an existing fence or six feet (6’) in height, whichever is less. Ord. No. 2006-34 P & Z § II, add Section (1)(e)(i) and (1)(e)(iii), 9-18-06 2.03 Article V, Entitled “Supplementary District Regulations” of Chapter 13, entitled “Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03 entitled “Accessory Structures and Uses”, Subsection D, Entitled “Location” is hereby amended to be and read in its entirety as follows: D. Location: There shall be no accessory structures located in any front yard or side 135 yards, with the exception of a flag pole and signs, as defined by this article. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principle building. If the waters edge of a swimming pool, or any accessory structure that is excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. 2.04 Article V, Entitled “Supplementary District Regulations” of Chapter 13, Entitled “Zoning”, of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03 entitled “Accessory Structures and Uses”, Subsection F., Entitled “Design Criteria”, Subsection (1) is hereby amended to be and read in its entirety as follows: 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, greenhouses, pergolas, arbors, and outdoor kitchens. 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. (Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05) SECTION 3. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand 136 Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting accessory structures which have accrued 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 5. CUMULATIVE REPEALER That 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. 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 such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. 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 AND ENROLLMENT 137 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of September, 2008. Mayor, Nick Sanders Town of Trophy Club, Texas [SEAL] ATTEST: Lisa Hennek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams,Town Attorney Town of Trophy Club, Texas 138 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding the review of the Town's FY2008-09 Proposed Budget and tax rate. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. None 139 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club, Texas. RECOMMENDATION: Approval of amendments to PD-25 Sign Criteria for Value Place Hotel signage. (ch) 140 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an Amendment to the Code of Ordinances of the Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new definitions and regulations affecting accessory structures, affecting design criteria, and other related provisions. (ADM-08-029) RECOMMENDATION: Approval of amendments to Chapter 13-Zoning regarding accessory structures. (ch) 141 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.4 Report from Planning and Zoning Commission Chairman, Gene Hill, on review by the Planning and Zoning Commission regarding changes to Trophy Club Zoning Ordinance for Planned Development No. 25 (PD-25), and changes to Building Code Ordinances, as suggested by Two (2) Hanna Ct. residents; and discussion of same. COUNCIL DIRECTIVE: Several months ago, the Town Council directed Staff to pursue bids for a revision to the Comprehensive Land Use Plan, which would involve reassessment of the future uses of all vacant land. Two bids were obtained, both in the $70,000+ range, which Council determined was not financially feasible at this time. Council then directed review of Hanna Ct. residents’ suggestions by the Planning and Zoning Commission for comment to the Council. The Planning and Zoning Commission reviewed four pages of suggested changes to PD-25 from Ms. Forgan, a Hanna Ct. resident, and 56 pages of suggested changes to building codes from Mr. Kaler, a Hanna Ct. resident. In order to conduct a thorough review, the Planning and Zoning Commission members also received copies of the following Town Ordinances: PD-25 Regulations (17 pages), PD-26 Development Standards (8 pages), Chapter 8-Nuisances, Article I, Section 1.01 (6 pages), and the Comprehensive land Use Plan (53 pages). The Town Ordinances have not been included in this packet, but copies are available from the Planning Department. Ms. Forgan Suggested Changes: Ms. Forgan suggests limiting the uses of Planned Development No. 25 (PD-25), Trophy Wood Business Center, and PD-26, Trophy Club Physician’s Hospital, to offices, art studio, art supply store, bakery, book store, cards & gifts shop, florist, ice cream shop, sit-down restaurant, shoe repair shop, tailor shop, and travel agency. Ms. Forgan suggests restaurants such as Jason’s Deli, Luby’s Cafeteria and The Bakery Café. Ms. Forgan suggests that a library would be an appropriate use on this property. Ms. Forgan would like to see the retail stores and restaurants surrounded by a fountain area with walking paths, benches, drinking fountains, and trees. Uses Currently Allowed by Ordinance for PD-25: PD-25 was approved by the Town Council on December 2, 2002 (Ordinance No. 2002-41 P&Z), creating nine tracts of land, each tract with designated uses. The attached concept plan shows the division of 142 tracts, and the attached development standards explain the uses that are allowed on each tract. All tracts are currently vacant except Tract 5 where a Value Place Hotel was built in 2007, as allowed by the uses approved by the Town Council on December 2, 2002. Hotel uses are also allowed on Tracts 7 and 9 (as approved by the Town Council on December 2, 2002). Hampton Inn has made an official submittal for a replat of Lot 7, and a hotel entity has shown interest in Tract 9. Tracts 1, 2, 3 and 4, which are located along State Highway 114 frontage, are designated for “retail” uses, along with Tract 8, which is located at the northeast corner of Trophy Wood Drive and Plaza Drive. The use list for these tracts is attached, as established by Town Council approval On December 2, 2002. Tract 6 is immediately south of Jamie Ct. and is approved for office uses; those uses are noted with an asterisk (*) on the attached use list. Uses Currently Allowed by Ordinance for PD-26: On December 1, 2003, the Town Council approved Ordinance No. 2003-29 P&Z, creating a zoning district for PD-26 as a general hospital use. Both PD-25 and PD-26 are privately owned. Mr. Kaler Suggested Changes: Mr. Kaler suggests four changes to Town building codes and regulations: 1. Noise ordinance, Chapter 8, Article 1, Section 1.01. Mr. Kaler suggests that adopting the attached “Model Municipal Noise Ordinance” will add clarity of specific sound levels as measured against the dba scale. Once adopted, Mr. Kaler suggests amending all PD ordinances to include specific reference to the enhanced ordinance. 2. Adopting a city policy for lighting that references “Illumination Engineering Society of North America” requirements. In addition, Mr. Kaler suggests adopting certain design principles regarding photometrics. 3. Adopt a comprehensive sign ordinance such as used in the City of Frisco, Texas. A copy of Frisco’s sign regulations are attached. 4. Amend the energy code to require either the Energy Star rating or the basic LEED-NC certification from the U.S. Green Building Council as a mandatory minimum requirement for all new commercial construction in the Town. 143 PLANNING AND ZONING COMMISSION COMMENTS: The Planning and Zoning Commission conducted a review and discussion of this item on August 21, 2008 and made the following comments: • Consideration of changes to zoning should be part of the Comprehensive Land Use Plan update, but requires a detailed study comparing our current uses to suggested changes, while honoring private ownership rights. • Lighting codes appear to be good and strict. • Noise codes possibly could use review. • Energy codes should be reviewed; can the Town be “greener”. • Changes to the Town building codes should be done through a detailed study by appropriate certified reviewers, just as a review of the Comprehensive Land Use Plan should be conducted by professional planners. A transcription of the minutes from the August 21 P&Z meeting is included as an attachment. (ch) Attachments: Excerpt - Planning & Zoning Commission Minutes, August 21, 2008 Ms. Forgan Suggestions (4 pages) Mr. Kaler Suggestions (56 pages) 144 C.3 REVIEW AND COMMENT TO TOWN COUNCIL REGARDING CHANGES TO TROPHY CLUB ORDINANCES AS SUGGESTED BY TWO (2) HANNA CT. RESIDENTS. Chairman Hill stated that the purpose of this agenda item is to review and comment on suggestions made by two Hanna Ct. residents regarding changes to Trophy Club ordinances. Council directed staff to pursue bids for a revision to the Comprehensive Land Use Plan which would involve reassessment of the future uses of all vacant land. Two bids were obtained, both in the $70,000+ range, which Council determined was not financially feasible at this time. Council then directed review of the Hanna Ct. residents’ suggestions by the Planning and Zoning Commission for comment to the Council. Ms. Huggins stated that the Commission is not making recommendations or taking any action, but should provide “comment” to the Council regarding these suggested changes to zoning regulations and building codes. Chairman Hill asked Ms. Forgan for her comments. Ms. Forgan stated that the notice she sent to the P&Z Coordinator lists only a few suggestions that she made for this development; it did not list all of her suggested uses. She stated that she would like to see a retirement community like the Conservatory in Keller. She has given Councilman Moss information she obtained from the Conservatory. She stated that she took pictures of different areas that are pleasing and pleasant and attractive and gave those to Councilman Moss. She stated that there are many senior citizens living in Trophy Club who have been here for 25 years and would like to stay in Trophy Club but the Town is losing them to Southlake and Keller because there is no housing available in Trophy Club that allows them to downsize to a retirement community like the Conservatory. Ms. Forgan stated that there is a great need in this Town for a Community Center. There is no place in this Town to have a meeting. The Country Club charges $300. She stated that they have to go to Southlake to Central Market. She would like to see a Community Center in the PD-25 development where meetings could be held, crafts taught, game rooms, and a book exchange in lieu of a library. She stated that she also included in her letter 17 uses that were disapproved by her Homeowner’s Association. She stated that she was informed that zoning and ordinances are package deals and we can’t change one without the other. She would like to see lighting, signage and landscaping made stricter to avoid getting something we don’t want. She also wanted to know if anyone is soliciting retailers for this site. It is her understanding that the Town has nothing to market itself. “Do we just sit around and wait for someone to express interest to go out and build something out there or do we go out and find desirable developments? Do we just sit back and wait and then get something like Value Place and then we all bite our nails and scream and cry. What can we do to prevent this ahead of time?” Ms. Forgan stated that the residents of Hanna and Jamie Cts. have sent in a list of approved and unapproved uses for this land so she wants to know where they go from here? Chairman Hill stated that the PD-25 land is privately owned and the Town cannot dictate to the property owner what he can bring in other than what is approved by the PD 145 ordinance. As long as he brings in something that is allowed by the PD, staff has to consider it. If he brings in something that is not allowed by the PD, then he must convince the Planning & Zoning Commission and Town Council that it would be a worthwhile project. Councilman Moss, sitting in the audience, asked Chairman Hill for permission to make a few comments. He stated that a Community Center is in part of the 10-year Park plan. He stated that there is an area, designated for a Community Center, in Northwest Park. He stated that the latest estimate for such a Center is $8 million and the Town doesn’t have that. If ever there is enough money, or the residents can come up with that much in increased taxes and would vote for it, then a Community Center is a possibility. Councilman Moss stated an arrangement with NISD will allow the Byron Nelson High School library to be available to the residents of Trophy Club. The library is being isolated from the rest of the school building so that residents can have access to it. Councilman Moss also stated that there isn’t a lot of commercially zoned property left in Trophy Club and everyone has learned the importance of sales tax revenue and EDCB, along with the Town, has spent $60,000 for a Buxton study, which is a study of all the known commercial businesses that might have an interest in Trophy Club. A number have been contacted. Some have expressed interest. Nothing firm has happened yet, but $60,000 was spent on a study to try to attract commercial business to Trophy Club. Councilman Moss stated that the Assistant Town Manager works with any potentials to bring business into the Town. He stated that the taxable land lost during the past year for Byron Nelson High School and the parks designated land has cost the Town $10 million in taxable land which has not helped the Town’s overall situation. Commissioner Ashby stated that Ms. Forgan’s and Mr. Kaler’s suggestions are good. He believes that many are already addressed within the ordinances and PD. Commissioner Reed stated that the property owner has the right to build according to the current zoning uses, and the staff and this Commission doesn’t have control, from any legal standpoint, to change the approved uses on the tracts of PD-25. Regarding code changes, Commissioner Reed believes the Town has done well over the years with the existing codes. There are a lot of codes in the Frisco sign ordinance, some quite good, and some that probably wouldn’t fit our particular situation, but he believes the Town consultants would have to give it a detailed look and comparison in order to know whether or not making changes would be reasonable to do. Without a recommendation from a detailed study, he stated that he is reluctant to make comments regarding changing our codes. Commissioner Sheridan stated that regarding zoning it has already pretty much been established what is available and that it is under private ownership that must be honored. He stated that a retirement area of townhomes, over 55, is planned and zoned in the Highlands. Commissioner Sheridan stated that the Community Center and marketing have been addressed by Councilman Moss. Commissioner Sheridan stated that he would object to any public use of any remaining vacant land as it would take it off the tax roll. Regarding building codes, he would suggest that the lighting codes are 146 good, and strict. He is open to reviewing the noise code, but would defer to experts on that. He believes that energy usage, the new energy codes, and the new LEEDS, especially on commercial buildings where it is currently very fad-ish to utilize it and build that way, should be considered. He doesn’t advocate spending money on an outside consultant, but suggests a review of the energy codes to be more green oriented. Chairman Hill commented on the current suggestions in regard to the Comprehensive Land Use Plan, stating that the Council’s actions since the Town’s incorporation in 1985 shows that the Council has adhered to a primary goal of maintaining the residential character of the Town. He stated that the Council has restricted and zoned commercial development primarily to frontage of Highway 114 and the main entrances to the Town. Regarding PD-25, there has been one development on the property with 8 vacant tracts, with Town staff presently considering one other development on one of the vacant tracts in accordance with the current zoning allowed on the property. In summary of the Commissioners discussion: • Consideration of changes to zoning should be part of the Comprehensive Land Use Plan update, but requires a detailed study comparing our current uses to suggested changes, while honoring private ownership rights. • Lighting codes appear to be good and strict. • Noise codes possibly could use review. • Energy codes should be reviewed; can the Town be “greener”. • Changes to the Town building codes should be done through a detailed study by appropriate certified reviewers, just as a review of the Comprehensive Land Use Plan should be conducted by professional planners. Chairman Hill added that in looking at a review of Town ordinances to incorporate more comprehensive sign, noise, or lighting ordinances is beyond the scope of the Commission and rightly should be examined by staff and professional consultants prior to consideration by this Commission and the Town Council for modifying the ordinances involved. Chairman Hill stated that if the Council wishes to direct the Planning & Zoning Commission to work with professional consultants and advisers they should so advise and provide funding. Commissioner Reed added a final comment to Ms. Forgan that he does appreciate her recommendations although the Planning & Zoning Commission must abide by the current regulations when reviewing developments and if those developments meet all regulations the Commission has no recourse other than to approve the development. He likes her suggestions of fountains and walking paths, and maybe a developer will come along who will take the suggestions and incorporate it into a development. Ms. Huggins stated that this item will be heard by the Town Council on September 8, 2008. 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding a Resolution accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. EXPLANATION: The following are the procedures and time lines for the levying of assessments for emergency services. Sep 08, 2008 Accept Draft Assessment Roll & Order Hearing • The Town Secretary will publish notice of the governing body's intention to consider the proposed assessments at a public hearing in a newspaper of general circulation in the municipality or county before the 10th day before the date of the hearing. • The notice will state: (1) the date, time, and place of the hearing; (2) the general nature of the improvement; (3) the cost of the improvement; (4) the boundaries of the assessment district; and (5) provide that written or oral objections will be considered at the hearing. • When the assessment roll is filed, the Town secretary will mail a notice of hearing to the owners of property liable for assessment. The notice must contain the information required by law for the published notices and the Town Secretary will mail the notice to the last known address of the property owner. The failure of a property owner to receive notice does not invalidate the proceeding. Sep 12, 2008 Notice of Public Hearing Published Sep 22, 2008 Public Hearing Held; Ordinance providing for levy of Assessment • The Town Council will hear and pass on any objection to the proposed assessment. The Town Council may amend a proposed assessment on any parcel. 208 • After all objections have been heard and the Council has passed on the objections, the governing body by ordinance or order shall levy the assessment as a special assessment on the property. The Town Council by ordinance will specify the method of payment of the assessment. The Town Council may provide that assessments be paid in periodic installments. RECOMMENDATION: ACTION BY COUNCIL: Review of the Service and Assessment Plan and passage of the Resolution accepting the Service and Assessment Plan for Emergency Services and ordering the notices and public hearing for September 22, 2008. (smd) Attachments: 1. Service and Assessment Plan: Authorized Services For Authorized Services 2. Notice of Public Hearing 3. Resolution 209 SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) 210 TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 22th day of September, 2008 at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $_________ (to be determined). The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 8th day of September, 2008. /s/ Lisa Hennek ___________________ Town Secretary Town of Trophy Club, Texas 211 RESOLUTION NO. 2008 - ___ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB); SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2007, the Town received a petition meeting the requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the “Act”) requesting the creation of a public improvement district over a portion of the area of the Town to be known as The Town of Trophy Club Public Improvement District No. 1(the “District”); and WHEREAS, the petition contained the signatures of the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of the Denton Central Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the District; and WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the “Town Council”) held the public hearing in the manner required by law on the advisability of the Improvement Projects and services described in the petition as required by Sec. 372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the members of the Town Council, authorized the District in accordance with its finding as to the advisability of certain public improvement projects and services; and WHEREAS, on May 18, 2007, the Town published notice of its authorization of the District in the Trophy Club Times, a newspaper of general circulation in the Town; and WHEREAS, no written protests of the District from any owners of record of property within the District were filed with the Town Secretary within 20 days after May 18, 2007; and WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost Resolution”) determining the total costs of the District improvements, directing the filing of a proposed assessment roll, and directing related action; and WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town Council has directed the preparation of a Service and Assessment Plan for Authorized Services for the District (the “Plan”), such Plan is attached hereto as Exhibit B, covers a period of at least five years, and defines the annual indebtedness and the projected costs of the Authorized Services, as identified and defined in the Plan; and 212 WHEREAS, the Plan includes an assessment plan that apportions the cost of the Authorized Services to be assessed against property in the District and such apportionment is made on the basis of special benefits accruing to the property because of the Authorized Services; and WHEREAS, after determining the total cost of the Authorized Services, the Town Council directed the preparation of an Assessment Roll that states the assessment against each parcel of land in the District and such Assessment Roll is attached to and a part of the Plan; and WHEREAS, the Town Council notes that the Plan and Assessment Roll may be amended with such changes as the Town Council deems appropriate before such Plan and Assessment Roll are adopted as final by the Town Council; and WHEREAS, the Town has determined to call a public hearing regarding the levy of assessments pursuant to the Plan and the Assessment Roll pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to publish notice of a public hearing to adopt the Plan and Assessment Roll in order to provide notice to all interested parties of the Town’s proposed levy of assessments against property in the District, pursuant to Section 372.016 of the Act; and WHEREAS, the Town desires to file the Plan and Assessment Roll with the Town Secretary such that they are available for public inspection pursuant to Section 372.016 of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. Findings. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Calling Public Hearing. The Town Council hereby calls a public hearing (the “Public Hearing”) for 7:00 p.m. on September 22, 2008 at the regular meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Plan, with such changes and amendments as the Town Council deems necessary, and the Assessment Roll with such amendments to the assessments on any parcel as the Town Council deems necessary. After all objections made at such hearing have been heard, the Town Council may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the proposed Plan and Assessment Roll; (ii) specify the method of payment of the assessment, and (iii) provide that assessments be paid in periodic installments. Notice of the hearing setting out the matters required 213 by Section 372.016 of the Act shall be given by publication at least eleven (11) days before the date of the hearing, in a newspaper of general circulation in the Town. Notice of such hearing shall also be given by the mailing of a copy of the notice containing the information required by Section 372.016(b) of the Act at least eleven (11) days prior to the hearing to the current address of each owner of property liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls of the Denton Central Appraisal District. All residents and property owners within the District, and all other persons, are hereby invited to appear in person, or by their attorney, and contend for or contest the Plan and the Assessment Roll, and the proposed assessments and offer testimony pertinent to any issue presented on the amount of the assessments, purpose of the assessments, special benefit of the assessments, and the costs of collection and the penalties and interest on delinquent assessments. At or on the adjournment of the hearing conducted pursuant to Section 372.016 on the proposed assessments, the Town Council must hear and pass on any objection to a proposed assessment. The Town Council may amend a proposed assessment on any parcel. The failure of a property owner to receive notice does not invalidate the proceeding. Section 3. Publication of Notice. The Town Council hereby directs Town Staff to cause the publication of notice of the Public Hearing substantially in the form attached as Exhibit A; such publication to occur before the 10th day before the date of the hearing. Section 4. Conduct of Public Hearing. The Town Council shall convene at the location and at the time specified in the notice described above for the public hearing and shall conduct the public hearing in connection with its approval of the Plan and the Assessment Roll and the levy of the proposed assessments, including costs of collection and penalties and interest on delinquent assessments. At such public hearing, the Town Council will hear and pass on any objections to the Plan and the Assessment Roll and the levy of the proposed assessments (which objections may be written or oral). At or on the adjournment of the hearing, Council may amend a proposed assessment on any parcel. After all objections, if any, have been heard and passed upon, the Town may (i) levy the assessments as special assessments against each parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify the method of payment of the assessment, and (iii) provide that the assessments be paid in periodic installments. Section 5. Filing of Plans and Assessment Roll. The Plan and Assessment Roll shall be filed in the office of the Town Secretary and be made available to any member of the public who wishes to inspect the same. Section 6. Effective Date. This Resolution shall become effective upon its passage in accordance with law. PASSED AND APPROVED this 8th day of September, 2008. 214 ________________________________ Nick Sanders, Mayor ATTEST: ________________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney 215 EXHIBIT A TOWN OF TROPHY CLUB NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town Council of the Town of Trophy Club, Texas on the 22th day of September, 2008 at 7:00 p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton County, Texas 76262. The public hearing will be held to consider proposed assessments to be levied against the assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. The general nature of the improvements is emergency services (the “Authorized Services”), including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided by the Town. The total annual cost of the Authorized Services is approximately $________ (to be determined). The boundaries of the District are described in Exhibit A attached hereto and made a part hereof for all purposes. All written or oral objections will be considered at the public hearing. A copy of the Service and Assessment Plan for Authorized Services and proposed Assessment Roll, which includes the assessments to be levied against each parcel in the District, is available for public inspection at the office of the Town Secretary, Town of Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this 8th day of September, 2008. /s/ Lisa Hennek___________ Town Secretary Town of Trophy Club, Texas 1 EXHIBIT A BOUNDARIES The District includes approximately 435 acres located within the corporate limits of the Town of Trophy Club, Denton County, Texas. The District is located at the northeast, southeast and southwest corners of the intersection of State Highway 78 and State Highway 205 and south of Farm to Market Road 2755 between County Road 483 and County Road 484. The District is more particularly described by metes and bounds available for inspection at Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. For more information call (682) 831-4600. 2 EXHIBIT B SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (Will Be Provided Prior To Council Meeting) 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No. D.6 Discuss and take appropriate action regarding the First Modification to the Funding and Development Agreement between the Town and Centurion Acquisitions LP for Road and Utility Improvements to Northwest Parkway Proposed Connector Road. EXPLANATION: The purpose of this modification is to allow Centurion American to be reimbursed for costs associated with the design engineering services. Under the Interlocal Agreement between the Town of Trophy Club, Roanoke, Northwest ISD, and Denton County, all engineering services are included in the amounts approved by each entity. Upon acceptance of the design plans, the Town as paying agent will reimburse Centurion for each entity’s proportionate share of funds as agreed upon in the Interlocal Agreement. RECOMMENDATION: Approve the First Modification to the Funding and Development Agreement ACTION BY COUNCIL: (bse) Attachments: 1. Agreement 4 § First Modification of the Funding and § Development Agreement by and between the THE STATE OF TEXAS § Town of Trophy Club, Texas and Centurion § Acquisitions, LP, for Road and Utility COUNTY OF DENTON § Improvements to Northwest Parkway Proposed § Connector Road THIS First Modification of the Funding and Development Agreement For Road and Utility Improvements to Northwest Parkway Proposed Connector Road dated May 19, 2008 (hereinafter “Agreement”) by and between Centurion Acquisitions, LP, a Texas Limited Partnership, and Owner and Developer of the Highlands at Trophy Club (hereinafter “Centurion”) and The Town Of Trophy Club, Texas, a home rule municipality (hereinafter “Town”), is made and entered into on this the 8th day of September, 2008, by and between Centurion and Town, (hereinafter “First Modification”). W I T N E S S E T H : WHEREAS, Town and Centurion entered into the Agreement on or about June 2, 2008; and WHEREAS, Contemporaneously with the execution of the Agreement, Town entered into an interlocal cooperation agreement with Denton County, Northwest Independent School District, and the City of Roanoke for the construction of certain road and utility improvements to the Northwest Parkway proposed connector road (hereinafter “Interlocal Agreement”); and WHEREAS, Under the Interlocal Agreement, Town serves as Paying Agent and therefore, collects funds from all parties and pays the expenses due under the Interlocal Agreement; and WHEREAS, The parties to the Interlocal Agreement accepted the obligation to pay certain designated percentages of the design engineering fees incurred for the road and utility improvements being constructed under that Interlocal Agreement; and WHEREAS, In August, 2008, Centurion requested that the Town modify the Agreement to provide for the collection and payment to Centurion of a certain portion of the design engineering fees collected by Town in its capacity as Paying Agent under Section 3 of the Agreement and under the Interlocal Agreement; and 5 WHEREAS, Town Council considered Centurion’s request and has agreed to this First Modification memorializing the change to the Agreement terms as more fully set forth in this First Modification; and NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable consideration, the parties hereto agree as follows: I. Incorporation of Agreement The Agreement is incorporated herein as if written word for word. Except as provided below, all other terms and conditions of the Agreement shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this First Modification and the Agreement, priority of interpretation shall be in the following order: First Modification; Agreement. II. Modification of Agreement Effective as of the day and year first written above, Section 2 of the Agreement entitled “Construction of Improvements” is hereby modified to add Section 2.03 entitled “Third Party Reimbursement for Plans and Specifications” to be and read in its entirety as follows: 2.03 Third Party Reimbursement for Plans and Specifications. Centurion shall submit invoices for design engineering services (hereinafter “Engineering Services”) paid by Centurion for Segments 2, 4, 6, and 7 of the Project (hereinafter “Segments”). Upon Town’s receipt and approval of invoices for the Engineering Services for the Segments, Town shall, in its capacity as Paying Agent under Section 3 of this Agreement and under the Interlocal Agreement, reimburse Centurion in accordance with this Section. Within thirty (30) days after Town’s approval of such invoices, Town shall reimburse Centurion for the proportionate share of the costs due from Roanoke and NISD for Engineering Services for the Segments in accordance with the Interlocal Agreement and as identified in Exhibit “C”. Town’s obligation hereunder to reimburse Centurion for Engineering Services shall be limited to the cost actually paid by Centurion for those Engineering Services for the Segments and approved by Town, shall not exceed the amounts set forth in Exhibit “C” for the respective proportionate share of the costs of Roanoke and NISD for Engineering Services for their respective Segments, and shall under no circumstance exceed the amount actually collected by Town from Roanoke and NISD under the Interlocal Agreement. It is expressly understood by the parties that reimbursement from Town to Centurion in accordance with this Section is being done pursuant to the Town’s authority as Paying Agent under Section 3 of this Agreement and under the Interlocal Agreement, and that by reimbursing Centurion, Town is only passing through funds collected from third parties under the Interlocal Agreement and is not independently obligated to reimburse Centurion from Town funds for Engineering Services for the Segments. 6 IN WITNESS WHEREOF, the parties enter into this First Modification on the date first written above. TOWN OF TROPHY CLUB, TEXAS BY: ______________________________ Nick Sanders, Mayor ATTEST: _________________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: _________________________________ Patricia A. Adams, Town Attorney CENTURION ACQUISITIONS, LP BY: ______________________________ ATTEST: _________________________________ APPROVED AS TO FORM: _________________________________ Attorney for Centurion 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding an Ordinance approving the change in the Tariffs for Atmos Energy Corporation, Mid-Tex Division, as a result of the settlement agreement between Atmos and the Atmos Texas Municipalities; finding the adopted rates to be just and reasonable; and providing an effective date. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Agenda Information 2. Ordinance 8 AGENDA INFORMATION SHEET BACKGROUND In February and March, the Atmos Texas Municipalities (“ATM”) agreed to increase rates by less than 20% of what was requested by Atmos. In connection with that settlement, ATM also agreed to a new regulatory regime known as the “Rate Review Mechanism” or “RRM.” The first RRM is to be implemented on October 1, 2008. In April, Atmos filed its first RRM request. The request sought to increase rates by approximately $42 million. ATM’s consultants have undertaken extensive discovery as well as interviewing key management personnel with rate case responsibilities. Recently our experts along with the Chair of ATM’s Steering Committee, Mr. Jim Finley, and Steering Committee member, Mr. Jeff Betty of San Angelo, met with the Atmos’ rate case team in Dallas. As a result of that meeting, Atmos agreed to reduce its requested increase to $20 million. RATE ADJUSTMENTS Beginning October 1, 2008, rates will be adjusted in the following respects: ¾ Residential Customer charge will be reduced from $10.69 to $7.00/month. ¾ Small Commercial customer charge will be reduced from $20.28 to $13.50/month. ¾ The typical residential bill will increase by 81 cents/month or by 1.38% overall. ¾ The typical small commercial bill will increase by $2.93/month or by 0.77% overall. ¾ The typical Industrial/Transportation customer will experience an increase of approximately half a percent overall. ENERGY CONSERVATION A new energy conservation program aimed at customers of modest means will also take effect on October 1, 2008. Qualified customers will receive up to two hundred dollars ($200.00) worth of caulking, weather stripping, sheathing, sealing, water heater blankets and like materials. RECOMMENDATION The ATM Steering Committee recommends the adoption of the attached tariffs which have been reviewed by its rate experts. AMENDED ATMOS’ TARIFFS 9 TOWN OF TROPHY CLUB ORDINANCE NO. 2008 – AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A CHANGE IN THE TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION (“ATMOS”) AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES (“ATM”); FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF AMENDED TARIFFS AS SPECIFIED IN ATTACHMENT “A” HERETO; PROVIDING THAT THE MEETING COMPLIED AT WHICH THIS ORDINANCE WAS ADOPTED COMPLIED WITH THE OPEN MEETINGS ACT AND DECLARING AN EFFECTIVE DATE; PROVIDING A SAVINGS AND REPEALER CLAUSE, PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR DELIVERY OF THIS ORDINANCE TO ATMOS AND LEGAL COUNSEL WHEREAS, the Town of Trophy Club, Texas (“Town”) is a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under § 103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation – Mid-Tex Division (“Atmos”) rates, operations, and services of a gas utility within the municipality; and WHEREAS, the Town has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities (“ATM”), including Railroad Commission Gas Utilities (“GUD”) Docket No. 9400, numerous filings by Atmos pursuant to Section 104.301 of GURA, GUD Docket No. 9670 and GUD Docket No. 9762; and WHEREAS, on February 11, 2008, ATM and Atmos entered into a settlement agreement which provided for a new mechanism to review changes in rates known as the “Rate Review Mechanism” or “RRM” (hereinafter “Settlement Agreement”); and WHEREAS, pursuant to the new regulatory mechanism Atmos filed for an increase in rates of approximately forty-two million dollars ($42 million), to be effective on October 1, 2008; and WHEREAS, the RRM is a three-year experiment which is aimed at reducing rate case expenses and encouraging a more collaborative effort at arriving at just and reasonable gas rates; and 10 WHEREAS, for over three months the experts representing ATM have been analyzing data and interviewing Atmos’ management; and WHEREAS, ATM’s experts have concluded that slightly less than half of the amount requested by Atmos should be put into rates; and WHEREAS, Atmos has agreed to reduce its requested increase in rates by more than fifty percent (50%); and WHEREAS, in connection with this first RRM, the customer charge for residential customers will be reduced from $10.69 to $7.00, benefiting thousands of fixed income and low-use customers; and WHEREAS, in connection with the implementation of this rate request, an energy conservation program will be instituted to benefit customers of modest means; and WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs, set forth as Attachment A. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1 Incorporation of Premises The foregoing statements set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2 Amended Tariffs Adopted The amended tariffs in Attachment A are hereby adopted to become effective on October 1, 2008. Attachment A is hereby incorporated into this Ordinance as if written word for word. The proof of revenues in Attachment B, the average bill calculations, and the document entitled “Rate Review Mechanism – 1st Year of Effective Period – Allocation of Settlement Increase by Customer Class” has been relied upon in connection with the adoption of the amended tariffs. Section 3 Open Meeting / Effective Date The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. This Ordinance shall become effective from and after its passage with rates authorized by the Attached Tariffs to be effective in accordance with the law and the terms of the Settlement Agreement. 11 Section 4 Savings and Repealer That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. Section 5 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6 Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and to comply with Section 7 of this Ordinance. Section 7 Notice to Atmos A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1120, Austin, TX 78701. PASSED AND APPROVED this 8th day of September, 2008. _____________________________ Nick Sanders, Mayor 12 ATTEST: __________________________________ Lisa Hennek, Town Secretary [SEAL] APPROVED AS TO FORM: ___________________________________ Patricia A. Adams, Town Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.8 Discuss and take appropriate action regarding implementation of a "No- Knock/No Trespass" policy or ordinance. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Council member Wilson) Attachments: 1. Handouts distributed by Council member Wilson at the August 21, 2008 meeting. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.9 Discuss and take appropriate action regarding the nomination of one person to serve on the Board of Directors of Denton County Transportation Authority. EXPLANATION: The nomination form must be returned to the Denton County Commissioner’s Court on or before September 20, 2008. Each properly nominated individual will have their name placed on a ballot. Then, each city with a population of more than 500, but less than 17,000, will be entitled to cast one vote for an individual on the ballot. The three individuals receiving the highest plurality vote, as a result of the ballots cast, will be designated to serve on the Board of Directors of the Denton County Transportation Authority. To be eligible for nomination for election and appointment to the Board of Directors of the Denton County Transportation Authority a person must have professional experience in the field of transportation, business, government, engineering or law. RECOMMENDATION: Reappoint Bill Walker to the Denton County Transportation Authority. ACTION BY COUNCIL: Attachments: 1. Insert from October 16, 2006 Minutes 2. Letter from Judge Horn 3. Nomination Form 4. Request for reappointment nomination from William Walker 57 C.3 Discuss and take appropriate action regarding the nomination of one person to serve on the Board of Directors of Denton County Transportation Authority. Mayor Sanders noted that this group meets on the forth Thursday of the month from 3-5 PM. Sanders spoke to the Directors whose term will be expiring stating that Bill Walker is very active; he works at Hillwood, attends the NW Metroport, NW Community Partnership and participates in the Regional Transportation Group and is a resident of Roanoke. Town Manager Emmons added that the individual Council nominates should have a good transportation background in order to provide knowledgeable representation for the Town. Motion made by Edstrom, seconded by Lamont nominating Bill Walker. Council member Edstrom knows Mr. Walker very well and explained that he is well connected due to his job at Hillwood. Mayor Pro Tem Williams asked if there were any other requests for nomination. Mayor Sanders was not aware of any other requests and believes that Mr. Walker would do a good job representing the Town due to his regional knowledge. Motion passed unanimously without further discussion. 58 59 60 61 62 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.10 Discuss and take appropriate action regarding a Resolution amending the Handbook for Elected and Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting forth eligibility requirements for service. EXPLANATION: This amendment allows the Council the option of considering those applicants who are interested and qualified in serving on the Town’s Boards and Commission but do not meet the residency requirement. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Current Section on Applicant Requirement for Boards or Commissions 2. Recommendations from EDC 4B and Zoning Board of Adjustment to appoint residents of less than six months to their respective board. 3. Resolution amending applicant residency requirements 63 Applicant Requirement for Boards or Commissions Applicants for boards or commissions must be registered voters and residents for six months. Board and commission members must be Trophy Club residents for at least six months as well as registered voters 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 Citizen Advisory Group that does not make recommendations for Council approval. The technical expertise of applicants may be a consideration in gaining appointment. 64 65 66 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-29 ADOPTING A BOARD, COMMISSION, COMMITTEE AND CITIZEN ADVISORY GROUP HANDBOOK BY AMENDING THE SECTION ENTITLED “APPLICANT REQUIREMENT FOR BOARDS OR COMMISSIONS” TO ELIMINATE THE MINIMUM SIX MONTH RESIDENCY REQUIREMENT AS AN ELIGIBILITY PREREQUISITE FOR SERVICE ON A BOARD, COMMISSION OR COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Boards, Commissions and Citizen Advisory Groups and has established several boards, commissions and citizen advisory groups that perform various functions for the Town; and WHEREAS, on December 18, 2007, the Town Council approved Resolution No. 2006-29 which adopted the “Handbook for Elected and Appointed Officials” regulating the conduct of Volunteers assisting with Special Event functions, Citizens Advisory Groups, Committees, Commissions and Boards; and WHEREAS, the guidelines established in the “Municipality of Trophy Club Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) are in addition to those requirements imposed by the Texas Open Meetings Act and other applicable state law; and WHEREAS, since enacting Resolution No. 2006-29, the Town Council has modified the Ethics and Conduct section of the Handbook by the adoption of Resolution No. 2007-10; and WHEREAS, the Town Council determines it to be in the best interests of the Town to further amend Resolution No. 2006-29 to allow all qualified residents to be considered for public service on boards, commissions and committees regardless of the length of time that those residents have lived within the Town and therefore determines that the Handbook should be amended to remove the minimum six month residency requirement as an eligibility prerequisite for public service. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 67 Section 1. That the foregoing recitals are adopted and incorporated herein as findings. Section 2. That in order to allow the Town Council the opportunity to consider and appoint qualified residents desiring to become involved in public service, it is in the best interest of the Town of Trophy Club, Texas, to amend the section of the Handbook entitled “Applicant Requirement for Boards or Commissions” by removing the minimum six month residency requirement as an eligibility prerequisite for service on a board, commission or committee. Section 3. That the Town of Trophy Club, Texas, authorizes the adoption of this Resolution amending Resolution No. 2006-29 adopting the “Municipality of Trophy Club Handbook for Elected and Appointed Officials” as previously amended by Resolution No. 2007-20; a true and correct copy of the revised Handbook being attached hereto and incorporated herein as Exhibit “A”. Section 4. That this Resolution shall become effective September 8, 2008. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 8th day of September, 2008. ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 68 MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials EFFECTIVE DATE: 9/8/2008 REVISION DATE/NO: 3-9/8/2008 (Resolution No. 2008- ____ approved on September 8, 2008) This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Volunteers assisting with Special Event functions, Citizens Advisory Groups, Committees, Commissions and Boards. I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and Appointed Officials. __________________________________________ _________ Elected/Appointed Official Signature Date Return this page to the Town Secretary attached the Texas Open Government Training Certificates where applicable. 69 Introduction 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 citizen advisory groups. The Town encourages and appreciates citizens with diversity of ideas and backgrounds to serve as volunteers. In accordance of 3.08(e) and 4.16 of the Town Charter, the citizens who serve do so without compensation, they are appointed to serve after indicating their interest through the proper application process, and the boards and commissions serve at the discretion of the Town Council. Citizen advisory groups serve at the discretion of the Staff Administrator for that group. Generally, members of each board, commission or citizen advisory group 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 and commission can be found in the section of this handbook pertaining to that specific group. The structure of each board and commission consists of members, a Chair/President and a Town Staff Liaison. An Advisory Group has a Town Staff Administrator. Boards and Commissions At present, the Town of Trophy Club has six appointed boards: Economic Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment, Tree Board, Park Board and the Planning and Zoning Commission. Economic Development Corporations 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. 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 at least four members must be present in order for action to be taken. Minutes of all meetings will be taken by the Staff Liaison. The Zoning Board of Adjustment (ZBA) The 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 (5) regular members and four (4) 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 all meetings will be taken by the Staff Liaison. Tree Board 70 The Tree Board exists to care for the trees in our beautiful Town. The board is a group of concerned volunteers charged by ordinance with developing and administering a comprehensive tree management program. The board focuses on trees in public areas such as parks and medians. Methodology • enforcement of tree ordinance • educational opportunities for citizens • development of comprehensive tree management program • Arbor Day to celebrate the importance of trees Projects • Arbor day planning and education • Wildflower planting • Comprehensive tree care and management program • Tree Brochure to provide recommended species, planting and care tips • Tree Town USA - qualification and application to be completed annually The Tree Board meets six to eight times a year, as needed. Announcements will be posted to the Town calendar. Minutes of all meetings will be taken by the Staff Liaison. Park Board The Board exists to allow residents to play a more active role and to provide direct citizen input to the Parks and Recreation Director for the development of parks and recreational facilities with the Town. Methodology • advisory capacity to Town Council • advisory capacity to Parks and Recreation Director • study and development of recreation areas • advise and recommend the development of long-range capital improvement programs • cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming • recommend to Town Council amendments to the Parks and Recreation Ordinance • annual reports to Town Council • review and recommend proposed budget for the parks and recreation department • adopt and recommend additional rules to Council as necessary Projects • recommend standards for areas, facilities, programs and financial support • review the master planning guide and become familiar with such plan • solicit grants • develop and recommend written policies and procedures to Town Council Planning and Zoning Commission 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. 71 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, at least four members must be present in order for action to be taken. Minutes of all meetings will be taken by the Staff Liaison. Applicant Requirement for Boards or Commissions Applicants for boards or commissions must be registered voters and residents of the Town. Board and Commission members must be Trophy Club residents as well as registered voters 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 or Commission that does not make recommendations for Council approval. The technical expertise of applicants may be a consideration in gaining appointment. Vacancy Posting, Application, Interview and Appointment Process The following is the Vacancy Posting, Application, Interview and Appointment process for Economic Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment, Tree Board, Planning and Zoning Commission and the Parks and Recreation Board. Posting Process The Town Secretary will ensure that annual appointments for Boards & Commissions are posted in the month of June: • Announced in the Town Newsletter, a newspaper published by the Town • Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive • Posted on cable’s public information Channel • Posted on the Town’s Web page at: www.ci.trophyclub.tx.us The Town Secretary will also notify each member, whose term is expiring, requesting that they complete a Request for Reappointment Form and return by the prescribed time. Application Process for Annual Appointments Applications will be accepted each year in July. Members seeking reappointment must submit their desire in writing to the Town Secretary and 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 board and/or commission Staff Liaison. Interview Process Interviews will occur each year in August. Staff Liaisons will be responsible for scheduling interviews for each candidate who submits an application for their respective board and/or commission. The board and/or commission Chairman will make their group’s recommendation to Council for appointment. The recommendation from the board is advisory, and Council shall make the final determination regarding appointment. When possible, the board and/or commission’s recommendations will exceed the number of open seats to allow the Council to make appointments to fill vacancies due to resignations within that current year. Mid-Term Vacancy 72 When a member of a board or commission resigns midterm, the Staff Liaison will obtain a letter of resignation from the member and will forward to the Town Secretary. In cases where applications exceeding the number of open seats were received during the Annual Appointment process, applicants who were not appointed during the annual appointment process will be considered first. The Town Secretary will confirm those applicants’ continued interest and then forward the previously submitted application to the Town Council for review and consideration for appointment. In cases where applications did not exceed the number of open seats during the Annual Appointment process the vacancy will be posted. The Town Secretary will ensure that the vacancy is posted: • on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive for a period of at least 3 days, or as time allows; • on cable’s public information channel for a period of two weeks; and • on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two weeks. Members appointed to fill vacancies serve out the remainder of a predecessor’s term. Appointments Process Council Appointments will occur each year in September for the new terms to begin in October. Term Lengths Members serve two-year terms on Economic Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment, Tree Board and the Planning and Zoning Commission. Members serve three-year terms on the Park Board. Terms are staggered, with the Council making annual appointments to replace members whose regular terms expire in any given year. Maximum number of Appointments A person may hold a maximum of two board or commission seats at any one time. Open Government Training Effective January 1, 2006, elected and appointed public officials are required by a new state law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed in compliance with a mandate from the 79th Texas Legislature. The Attorney General established the formal training necessary to ensure that all elected and appointed government officials have a good command of both open records and open meetings laws. Each elected or appointed official who is a member of a governmental body subject to the Open Meetings Act or the Public Information Act must attend training. Additionally, employees who serve as a governmental body's designated public information coordinator are required to complete the Public Information Act training course. 73 Officials who are in office before January 1, 2006 have one year until January 1, 2007 to complete the required training. Officials who are elected or appointed after January 1, 2006 have 90 days within which to complete the required training. Staff Liaisons from the individual groups requiring the training will be responsible to ensure that all members of their group receive the training. Training CDs are available in the Town Secretary’s office or may be obtained online at: http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150 Certificates of completion must be maintained by the member's governmental body and made available for public inspection upon request. The member must confirm that they have received the training, by completing the appropriate certificate of completion, witnessed by the Staff Liaison. Once signed, the original Certificate is forwarded to the Town Secretary to be kept in permanent records. More information on Open Government maybe obtained online at the Texas Attorney General’s Office. (http://www.oag.state.tx.us) Nepotism A board or commission Chair/President cannot be a relative of the Mayor or of a Council Member. On any given Board and/or Commission, 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, Zoning Board of Adjustment or Planning and Zoning Commission cannot be related to a Council member. Guidelines for Members All members of boards and/or commissions have specific duties and responsibilities. All members of boards and/or commissions are expected to participate in formal and informal training sessions. Many boards and commissions deal with technical issues that can 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. Should a member of a board and/or commission fail to attend three consecutive regular meetings without being excused by the board and/or commission, his/her office may be declared forfeited by that board and/or commission. A member who is unable to attend a meeting shall notify the Staff Liaison of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Staff Liaison shall be provided as soon as practicable after the member becomes aware that he/she will be absent. 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/President or Staff Liaison about attendance. The Chairman of the board and/or commission is to maintain a charted attendance record for all members. If attendance becomes an issue, the Staff Liaison will attempt to secure a written resignation. 74 The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the board and/or commission noting progress and members attendance. 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 and/or commission 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, 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 and/or commissions are subject to provisions of Chapter 171 of the Local Government Code, pertaining to conflicts of interest. 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. 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; • Posting 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; • Keeping an accurate record of all proceedings; and • Keeping discussion focused on items listed on the agenda. 75 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 Liaison 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 Liaison 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 be represented only by Town staff as established by the Town Council. Conduct in meetings Board and/or commission members should act in a professional manner. If a resident visits a meeting and presents a complaint to the board and/or commission at a meeting the information should be taken and referred to Staff to reply to the resident. Rules of Decorum 76 Recognition by Chairman: No person shall address the board and/or commission without first being recognized by the Chairman. Order: While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. Chairman May Debate and Vote: The Chairman may move only to such limitations of debate as are the rights and privileges of a member by reason of his acting as the Chairman. If the Chairman is engaged in debate and is abusing his position as Chairman, at the insistence of any three members, the Chairman member must relinquish the Chair in accordance with provisions of Robert’s Rules of Order Newly Revised. Getting the Floor, Improper References to be Avoided: Every member wishing to speak shall address the Chair, and upon recognition by the Chairman shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the member shall cease speaking until the question of order is determined and, if in order, the member shall be permitted to proceed. PARLIAMENTARY MOTIONS AND PRECEDENCE A Majority Vote Requires 2nd Debatable Amendable of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or Yes Yes Yes Yes recommit to committee 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No Yes 9. Objecting to consideration of No No No 2/3 a question Resignations When a board and/or commission member resigns, a letter of resignation should be submitted to the Commission and/or Board Chairman. The Chairman will forward the letter to the Staff Liaison who will then forward on to the Town Secretary. Freedom of Expression All citizens should feel free to express their opinions in an appropriate and professional manner. 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 or Staff Liaison must 77 implement the necessary steps to settle the issue(s) equitably. If the chair/president or staff liaison cannot remedy the issue, the Town Manager is consulted for resolution. In the event that the issue(s) cannot be resolved satisfactorily, the issue(s) must be presented to the Town Council for final settlement. Responsibilities of the Chair Each board and/or commission group shall have a Chair/President. A board and/or commission, at the Council’s discretion, may be asked to make a recommendation for a Chair with the final determination left to the Council. The Chair should have some experience as a member of the group. 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 Board and Commission meeting are taken and maintained by the Staff Liaison; • Staff is treated with respect by members at all times; • Discussion is limited to those items on the agenda, provided, however, that the Chair/President or Staff Liaison may place any item not posted on a future agenda for discussion; • All commission and board meetings are to be taped. The Chair/President must ensure that effective communication exists between board and/or commission, Council, Staff and the public. This requires frequent interaction with the staff assigned to support the board and/or commission. 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 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 78 from sponsors, it must be made clear to the sponsor that the donation is being requested on the committees/events behalf. The Chair must regulate any communication between members of the Board and/or Commission 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 Liaison 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; • Provide clerical support as needed; • Develop agenda, take minutes and maintain minutes for public record; and • Must ensure that all meeting needs, including location, are properly reserved and provided. CITIZEN ADVISORY GROUPS Each Citizen Advisory Group has a specific purpose as explained by the group’s mission statement, and members work on a variety of projects and make recommendations to the Town Council regarding their group’s specific area through their Staff Administrator. Members of most Citizen Advisory Groups 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. Consistent with Resolution 2003-43, which passed on November 17, 2003: • Citizens Advisory Group System will be utilized for those groups identified in the organizational chart attached hereto and incorporated herein as Exhibit “A”, and all other commissions and boards shall continue to exist and function under the current Board and Commission System; and • Citizens Advisory Group System shall be structured in accordance with Exhibit “A”, and shall be implemented and conducted in accordance with an implementation plan developed by Staff and approved by Town Council; Advisory Group Implementation • Current committee members move to the newly established Advisory Groups • Attrition will be used to reduce the committees to the recommended 5 members • Staff Administrators with guidance of their Citizen Advisory Groups will determine their regular meeting schedule with at least two publicly scheduled meetings a year. Other meetings may be held by phone, e-mail, or in person as needed 79 • Application process will remain the same with inquiries on vacancies going directly to the Town Secretary for distribution to the appropriate Staff Administrator for the interview and selection process. • Additional criteria will be added to the performance reviews of Staff Administrators to ensure the effective utilization of the Citizen Advisory Groups. • Staff Administrators in conjunction with the Citizen Advisory Group will give biannual reports to the Council on the status of operations and programs of the Citizen Advisory Groups. After the first year, all the Citizen Advisory Group participants will be asked to complete a survey that evaluates the system including areas such as effectiveness of communication, accomplishments of the groups and weaknesses of the system. This information will be used to determine what if any changes need to be made to make the system more effective. Member Responsibilities • Review, discuss, analyze and recommend Items to the Staff Administrator for Town Council consideration • Request Item(s) to be added to the group meeting agenda • May be requested to participate in special assignments and projects • May be requested to assist other Citizens Advisory Groups • Participates in presentations at workshops, Town Council and Town Hall meetings • Member may be appointed Acting Chairperson in the absence of the Staff Administrator Staff Administrator Responsibilities • Establishes a Citizens Advisory Group not to exceed five (5) core members • Interviews, selects and replaces individuals for the Citizens Advisory Group • Responsible for planning, scheduling and conducting meetings on a consistent basis • Prepares Citizens Advisory Group meeting agenda • Staff Administrators will be responsible for publicizing Citizen Advisory Group vacancies via the website, listserve, marquees and newsletter • Provides appropriate orientation for Advisory Group members • Presents items to the Town Council for action • Town Council reviews, discusses and votes to approve or disapprove recommended items • Communicates Citizens Advisory Group activities to the community • Schedules, conducts and participates in semi-annual Town Hall meetings 80 Town of Trophy Club Code of Ethics and Conduct For Town Elected and Appointed Officials Statement of Purpose The Citizens and the businesses of the Town of Trophy Club are entitled to have fair, ethical and accountable local government which earns the public’s full confidence for integrity. The strong desire of the Town to fulfill this expectation therefore requires that the Town officials, both elected and appointed: • Comply with both the letter and sprit of the laws and policies affecting the operations of government; • Be independent, impartial and fair in their judgment and actions; and • Use their respective office or position for the public good, not for the personal gain. To this end, the Town Council has adopted this Code of Ethics and Conduct for Town officials in order to assure public confidence in the integrity of local government and its effective and fair operation. Definitions The following words, terms and phrases, when used in this section, shall have the following meanings subscribed to them: Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company, receivership, trust or any other for profit or non-profit entity. Town Council. The legislative and governing body of the Town consisting of the Mayor and Council members. Town Official. Any member of the Town Council and any appointed member of a Town board, commission, committee or citizens advisory group set up by ordinance, resolution, charter, state law or otherwise, on a temporary or permanent basis. Employee. Any person employed by the Town, including those individuals on a part-time basis, including independent contractors hired by the Town for repetitive performance of services, but not independent contractors engaged for occasional services. Nepotism Nepotism is showing favoritism toward a relative. The practice of hiring personnel or awarding contracts which favor a relative is prohibited by the Town. Exclusions to this prohibition are: a. Employees who have been continuously employed by the Town for more than two years prior to the election or appointment of the official. b. Individuals who are employees of the Town as of the effective date of this policy. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Town officials shall work for the common good of the people of the Town of Trophy Club and not for any private or personal interest, and they shall assure fair and equal treatment of all persons, claims and transactions coming before the Town Council, boards, commissions, committees and advisory groups. 81 2. Comply with the Law Town officials shall comply with the laws of the nation, the State of Texas, and the Town of Trophy Club in the performance of their public duties. These laws include, but are not limited to: the United States and Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and Town ordinances, resolutions and policies. 3. Conduct of Town Officials As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board, commission or committee, I agree to uphold the Code of Ethics and Conduct myself by the following model of behavior. I will: • Recognize the worth of individual Town officials and appreciate their individual talents, perspectives and contributions; • Help create an atmosphere of respect and civility where individual Town officials, Town staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others; • Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for public benefit; • Avoid and discourage conduct which is divisive or harmful to the best interests of the Town of Trophy Club; • Treat all people with whom I come in contact in a manner I wish to be treated; • Before I speak or act I will ask myself the following questions: 1. Is it the truth? 2. Is it fair to all concerned? 3. Will it build goodwill and better relationships? 4. Will it be beneficial to all concerned? 4. Respect for Process Town officials shall perform their duties in accordance with the processes and rules of order established by the Town Council and boards, commissions, committees and citizen advisory groups governing the public deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Town Council by Town staff. 5. Conduct of Public Meetings Town officials have an obligation to attend meetings and to be prepared for public issues; to listen courteously and attentively to all public discussions before the body; and to focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 6. Decisions Base on Merit It is expected and required that Town officials review material, participate in discussion and base their decision on the merits and substance of the matter at hand. 7. Communication 82 Prior to permitting final action on a matter under consideration, Town officials shall publicly share substantive information, which they may have received from sources outside the public decision-making process, that is relevant to such action by the Council, boards, commissions, committees or citizens advisory groups. 8. Conflicts of Interest and Disclosure Town officials shall familiarize themselves with and abide by the following conflicts of interest and disclosure statutes and principles: a. Chapter 171 of the Local Government Code which requires a member of the governing body or another office, whether elected, appointed, paid or unpaid, of any municipality to file an affidavit disclosing a substantial interest in a business entity or property that would be beneficially affected by a decision of the governing body or of any other board or commission upon which the member serves and thereafter to abstain from participation in discussion and voting on the matter. Once the disclosure is made the Town official is to remove himself from the meeting area to ensure his presence does not hinder the discussion of the item or influence the vote. b. Section 176 of the Local Government Code which requires Town Council members and the Town Manager to file a conflicts disclosure statement disclosing any business relationship with a person or business doing business with the Town or being considered by the Town for a business relationship. c. Section 176.003(a)(2)(B) of the Local Government Code which requires the disclosure of gifts of an aggregate value of more than $250.00 in the twelve (12) month period preceding the date that a local government officer becomes aware of a transaction described in Section 176, other than gifts of food, lodging, transportation, or entertainment accepted as a guest. d. Sections 553.001-553.003 of the Government Code which requires the filing of an affidavit before the date the Town will acquire a property in which public servants have a legal or equitable interest. e. In order to assure their independence and impartiality on behalf of the public good, Town officials are prohibited from using their positions to influence government decisions in which they have a personal interest. 9. Corruption Town officials shall familiarize themselves with and abide by the Texas Penal Code mandates concerning corruption, including without limitation, Section 36.02 prohibiting receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and Section 39.06(a) concerning misuse of official information and all other applicable state laws regulating or related to public service. 10. Political Advocacy Town officials shall not utilize the Town’s name or logo for purposes of endorsing any political candidate or business. 11. Confidential Information Town officials shall respect the confidentiality of information concerning Town property, personnel or proceedings of the Town. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests. 83 12. Use of Public Resources Town officials shall not use public resources generally unavailable to the public, such as Town staff time, equipment, supplies or facilities, for private gain or personal purposes. 13. Representation of Private Interests In keeping with their role as stewards of the public interest, Town officials shall not appear on behalf of private interests of third parties before the Council or any board, commission, committee, or proceeding of the Town. 14. Advocacy Town officials shall represent the official policies or positions of the Town Council, board, commission, committee or advisory group to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Town officials shall explicitly state that they do not represent their body or the Town of Trophy Club, nor will they allow the inference that they do. 15. Policy Role of Town Officials Town officials shall respect and adhere to the Town of Trophy Club governmental structure as outlined in the Town’s charter, policies and procedures. In this structure, the Town Council determines the policies of the Town with the advice, information and analysis provided by the public, boards, commissions, committees, advisory groups and Town staff. Except as provided by Town ordinance, Town officials therefore shall not interfere with the administrative functions of the Town or the professional duties of the Town staff; nor shall they impair the ability of Staff to implement Council policy decisions. 16. Independence of Boards, Commissions, and Committees Because of the value of the independent advice of boards, commissions, committees and advisory groups to the public decision-making process, Town officials shall refrain from using their position to influence unduly the deliberations or outcomes of board, commission, committee, and advisory group proceedings. 17. Positive Work place Environment Town officials shall support the maintenance of a positive and constructive work place environment for Town employees and for citizens and businesses dealing with the Town. Town officials shall recognize their special role in dealing with Town employees and refrain from creating the perception of inappropriate direction to Staff. 18. Implementation As an expression of the standards of conduct for the Town officials expected by the Town, the Trophy Club Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when Town officials are thoroughly familiar with it and embrace its provisions. Ethical standards shall be included in the regular orientations for candidates for Town Council, applicants to boards, commissions, committees, and advisory groups, and newly elected and appointed Town officials. Town officials entering office, including those appointed to boards, commissions, committees and advisory groups shall sign a statement affirming they have read and understood the Town of Trophy Club Code of Ethics and Conduct and agree to be bound by its terms. In addition, the Code of Ethics and Conduct shall be reviewed periodically by the Town Council, boards, commissions, committees, and advisory groups, and the Town Council shall consider recommendations from boards, commissions, committees, advisory groups, employees, and citizens for revision as it becomes necessary. 84 STATEMENT OF COMMITMENT As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board, commission or committee, I agree to uphold the Code of Ethics. I affirm that I have read and that I understand, accept and support the Town of Trophy Club Code of Ethics and Conduct. _____________________________________________ Elected or Appointed Official Printed Name _____________________________________________ Position _________________________________ _______________ Signature Date 85 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.11 Discuss and take appropriate action regarding the calling of a Special Council Session on Monday, September, 15, 2008 and subjects for consideration at the meeting. EXPLANATION: The following is from Section 6.01, “Rules and Procedures,” Sub-section C.2 “Types of Meetings/Special,” of the Article VI, “Town Council Rules Procedure,” of the Codes of Ordinances: 2. Special Meetings Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. RECOMMENDATION: Staff recommends that in addition to Council calling the Special Session at their August 18, 2008 meeting to be held on September 15, 2008 for the purpose of conducting a Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 that they also consider the item making annual appointments to Boards and Commissions. ACTION BY COUNCIL: Attachments: 1. None 86 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.12 Items for Future Agenda. EXPLANATION: Number 13 was added at the August 18, 2008 Town Council meeting. Number 14 was added on August 27, 2008 by Town Manager Emmons. RECOMMENDATION: List: 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) (7/21/08 Council member Strother to meet with Town Manager Emmons to discuss long term action.) 3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive. (Council member Wilson and Moss – 4/21/08) 4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 7. Annual update and presentation by the Park Board. (August 4, 2008) 8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 9. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 10. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 11. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 12. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. (Council member Wilson – 5/5/08) 13. Discuss and take appropriate action real estate signs and their placement on Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”) 87 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.D.13 Reports. 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. (a) Town Manager's Report. (b) Town Council report from Parks and Recreation Board Liaison, Council member Edstrom. 88 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 "Deliberation Regarding Real Property" and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 89 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 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 90 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 9-8-2008 Subject: Agenda Item No.F.1 Adjourn.