Agenda Packet TC 02/02/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, February 2, 2009
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 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 financials and
variance report dated:
a. November 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 1, 2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 15, 2008.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 5, 2009.
C.1 Receive information from Town Attorney on Open Meetings Act requirements
and communications between Council Members, discussion regarding same.
C.2 Discuss and take appropriate action regarding a Resolution supporting the
implementation of Rail North Texas in the Dallas-Fort Worth region.
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C.3 Discuss and take appropriate action regarding the consolidation of the MUD1
and MUD2; dissolution of MUD2.
C.4 Discuss and take appropriate action regarding the Three Proposed Charter
Amendments previously submitted by the Charter Review Commission for the
May 2009 ballot as revised by Staff.
A. 13. Clarify Grounds for Recall
B. 16. Budget Process Enhancement
C. 18. Code of Ethics and Conduct
C.5 Discuss and take appropriate action regarding an Interlocal Agreement between
the Town and Denton County for the rental of Election equipment for the May 9,
2009 Election.
C.6 Discuss and take appropriate action regarding a Joint Election Contract between
the Town of Trophy Club and the Northwest Independent School District.
C.7 Discuss and take action regarding the Joint Election Agreement between the
Town, Municipal Utility District No. 1 and Municipal Utility District No. 2.
C.8 Discuss and take appropriate action regarding Real Estate signs and their
placement, including potential amendments to Chapter 5, "General Land Use,"
Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D, "Real Estate
Signs."
C.9 Discuss and take appropriate action regarding Amendment No. 2 to the Advance
Funding Agreement for the Safe Routes To School Project between the Town
and the Texas Department of Transportation.
C.10 Report on the Amenity Lakes, discuss and take appropriate action regarding
same.
C.11 Items for Future Agenda.
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
A. Legal advice related to consolidation of the MUD1 and MUD2; dissolution of MUD2;
related ballot propositions and agreement with MUD2.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D1.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(lh)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.A.2
Invocation.
Mayor Sanders will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
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."
Town Manager Emmons will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.A.4
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.
(lh)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. November 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Variance Report
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 1, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Minutes dated December 1, 2008
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 1, 2008
7:00 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, December
1, 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
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m.
A.2 Council Member Strother offered the Invocation.
A.3 Town Manager Emmons led the Pledges.
A.4 Citizen Presentations:
Dean Henry, 308 Oakmont Drive – Advised the Council of MUDs action to merge MUD1 and MUD2.
Mayor Sander’s advised the Council of the following corrections:
Item B.2 - November 3, 2008 Minutes, page 13 of the packet: Jo Boclair changed to Joe Boclair
Item B.3 November 13, 2008 Minutes, page 24 of the packet: insert we in the statement "Council Member
Wilson requested that we act in a......", page 24, of the packet: Peggy Swiney changed to Sweeney,
remove the from Margi Cantrell’s comment and correct McCain to McLain on page 23.
Mayor Sanders removed Item B.4.
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. October 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 3, 2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 13, 2008.
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B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 16, 2008.
Mayor Sanders suggested that the goals created by Council at this meeting be attached as part of the
Minutes.
Motion made by Edstrom, seconded by Moss to approve the Minutes dated November 16, 2008 with
inclusion of goals created at the workshop.
B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 17, 2008.
Motion made be Edstrom, seconded by Strother to approve Items B.1, B.2, B.3 and B.5 with corrections
noted.
Motion passed unanimously without discussion.
PUBLIC HEARING
Public Hearing opened at 7:08 p.m.
C.1 Public Hearing to consider an Amendment to Town Ordinance No. 2007-15 P&Z, the same
being PD – Planned Development District No. 27, the Highlands, to reflect a change to
Table No. 4-1 entitled "Summary of Lot Type Regulations" of Exhibit "B" entitled
"Development Standards" to correct an inconsistency in the ordinance relative to Lot Type
3 side yard requirements. (PD AMD-08-028)
No citizens addressed the Council.
C.2 Public Hearing to Consider a Request for Replat of Lot 3, Block B, Trophy Wood Business
Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner, Represented by
Pate Surveyors. (RP-08-016)
No citizens addressed the Council.
C.3 Public Hearing to consider an Amendment to Town Ordinance No. 2002-41 P&Z, the same
being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval for Tract
7 (Lot 3R1, Block A), including a Landscape Plan and Plant List, Building Elevations, Sight
Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign Criteria, and
Development Schedule. Applicant: Hydra Hotels, LLC (SP-08-009)
Scott Voigt, 540 Timber Ridge Drive - Spoke in favor of the hotel.
Public Hearing closed at 7:12 p.m.
Town Council reconvened into Regular Session.
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Town Ordinance
No. 2007-15 P&Z, the same being PD – Planned Development District No. 27, the
Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot Type
Regulations" of Exhibit "B" entitled "Development Standards" to correct an inconsistency
in the ordinance relative to Lot Type 3 side yard requirements. (PD AMD-08-028)
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Planning and Zoning Chair Hill reported the Commission recommended approval 5:1, with Commissioner
Ashby opposing and Vice-chairman Stephens excused absence.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Town Ordinance No.
2007-15 P&Z, the same being PD – Planned Development District No. 27, the Highlands, to reflect a
change to Table No. 4-1 entitled "Summary of Lot Type Regulations" of Exhibit "B" entitled "Development
Standards" to correct an inconsistency in the ordinance relative to Lot Type 3 side yard requirements. (PD
AMD-08-028)
Council member Strother confirmed that only the tables are being changed in this Ordinance.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding a request for Replat of Lot 3, Block B,
Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart,
Owner, Represented by Pate Surveyors. (RP-08-016)
Larry Stewart (owner) and Brian Dench with Pate Surveyors were present.
Planning and Zoning Chair Hill reported the Commission unanimously recommended approval.
Motion made by Sterling, seconded by Edstrom to approve a request for Replat of Lot 3, Block B, Trophy
Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner, Represented
by Pate Surveyors. (RP-08-016)
Motion passed unanimously without any discussion.
D.3 Discuss and take appropriate action regarding an Ordinance amending Town Ordinance
No. 2002-41 P&Z, the same being PD No. 25, Trophy Wood Business Center, amending
Exhibit "D" entitled "Site Plans", to adopt a detailed final site plant for Tract 7 (Lot 3R1,
Block A), including a Landscape Plan and Plant List, Building Elevations, Sight Line
Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign Criteria, and Development
Schedule. Applicant: Hydra Hotels, LLC (SP-08-009)
Raj Chudasama (chew-DOS-a-ma), owner of Hydra Hotels and Tomden Engineering representatives
Juan Vasquez, Engineer and Jeff Morrison, Project Manager were present.
Planning and Zoning Chair Hill reported the Commission unanimously recommended that Council
approve an amendment to Town Ordinance No. 2002-41 P&Z.
Motion made by Moss, seconded by Strother to approve Ordinance amending Town Ordinance No. 2002-
41 P&Z, the same being PD No. 25, Trophy Wood Business Center, amending Exhibit "D" entitled "Site
Plans", to adopt a detailed final site plant for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and
Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign
Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC (SP-08-009)
Juan Vasquez advised that the drainage plan was approved by the Town’s Engineering firm. Planning
and Zoning Coordinator Carolyn Huggins explained that there will be a total of three signs; on the front,
on the right east and one monument with stone. The signage is illuminated, will be back lit in red lettering
and will not blink. Huggins passed around the paint chip so that Council could get an idea of the color
and contrast of the colors.
Raj Chudasama said that they would be amenable to a color change and noted Mayor Sanders
suggestion for more stone.
Council member Wilson said that she appreciates the way the Owner, Engineer and Project Manager
have worked with the staff and residents. Wilson stated that she is not sure this is a good thing for the
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Town; however she cannot do anything but vote, as all the requirements have been met for this
amendment.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding a garbage cart pilot program.
Jeri Harwell from Allied Waste gave the presentation and asked the Council to consider a pilot program.
Harwell stated that the pilot programs in Roanoke and Westlake have been successful and that Allied will
handle all notification and track the residential response.
The Council discussed recycling carts and Harwell stated she would be happy to conduct a recycle
campaign, however she suggested introducing the garbage cart pilot program first.
Council member Edstrom is opposed to carts. Edstrom stated concern about security; people will know
that you are not home if carts are left out and said that this type of automation should reduce the Town’s
cost.
Dennis Sheridan, 1 Hillcrest – Spoke in opposition of garbage carts.
Steven Kohs, 18 Overhill - Spoke in opposition of garbage carts.
Peggy Sweeney, 51 Meadowbrook - Spoke in opposition of garbage carts.
Tommy Lewis, 6 Heather Glen Circle - Spoke in opposition of garbage carts.
Mayor Pro Tem Sterling spoke in favor of the program, stating that the wheels carry the weight of the cart
and that this is a much simpler and tidier means for garbage disposal.
Council member Wilson said that she has spoken with cities who are piloting this program and they love
it. Wilson proposed tabling until January and after the item for city wide surveys is discussed and, if
approved, the citizens can vote on the idea of a pilot program.
Council member Moss is not in favor of carts and realizes that the cost for renewing the contract may go
up substantially.
No action taken.
D.5 Discuss and take appropriate action regarding the award/rejection of bids for a 500,000
Gallon Elevated Storage Water Tank, and authorizing the Town Manager or his designee to
execute all necessary contract documents.
Town Manager Emmons advised that the status had not changed since November 17, 2008. The bids
were opened on November 10, 2008. $1.2 million was originally budgeted for this project, with $960,000
being part of the PID bond funds. The low bid received was $1.47million for the total cost of the tank. In
addition to the other estimated costs associated to construction, $75,000 for inspection costs and $80,000
for engineering design and project administration; a total cost of $1.6 million. The PID construction and
funding agreement requires that the developer or owner is responsible for the construction cost overruns.
Centurion American will be responsible for approximately $600,000 as opposed to $260,000 originally
estimated and budgeted. Emmons stated that a meeting to work out the funding agreement is scheduled
with the developer on December 2, 2008 and recommended the Council refer this item to the December
15, 2008 meeting.
No action was taken by the Council.
D.6 Discuss and take appropriate action regarding an Ordinance amending Section 2.03(B)
entitled "Stop Signs" of Article II, entitled "Traffic and Vehicles", of Chapter 10 entitled
"Public Safety", of the Code of Ordinances of the Town, to designate additional stop
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intersections and authorizing the placement of additional stop signs at designated
locations within the Town.
Motion made by Edstrom, seconded by Sterling to approve an Ordinance amending Section 2.03(B)
entitled "Stop Signs" of Article II, entitled "Traffic and Vehicles", of Chapter 10 entitled "Public Safety", of
the Code of Ordinances of the Town, to designate additional stop intersections and authorizing the
placement of additional stop signs at designated locations within the Town.
Motion passed unanimously without any discussion.
D.7 Discuss and take appropriate action regarding direction on McLain report, funding of
additional costs, additional data, extending scope of services and additional action related
to the report.
Town Manager Emmons said the first payment of $7,500, split between the Master District and Town has
been made, leaving the remaining balance of $7,500 due. Once the balance of $7,500 has been paid,
McLain will provide the financial plan that covers the planning period FY 2008 – 2012, with four scenarios
and a phasing plan. Emmons offered McLain’s suggestion of a website depository containing all
information for an additional $10,000.
The Council discussed if the IT Department could set up a similar web page at a reduced cost. Town
Manager Emmons explained that the IT Department is extremely proficient, but the time to convert the
information would be time consuming.
Council member Moss said that he does feel the Town should not pay any additional money since McLain
did not produce the numbers Moss expected.
Mayor Sanders stated he felt that the information is extremely valuable.
Council member Edstrom said the governance issue is key and until it is resolved the numbers will not
matter. Edstrom suggested the IT Department determine what is involved to set of a web-site page and
report back to Council.
Motion made by Sterling, seconded by Strother to move forward fulfilling the original obligation of the
Contract with McLain as required to receive the prepared data, with the stipulation that the MUDs move
forward at the current budgeted amount.
Dave Glaser, 15 Overhill – Commented that if the Town is going to work with the MUDs, one common set
of numbers is needed and to bring the IT Department in now might delay the process.
Motion amended by Sterling not to exceed $15,000 total, the second agreed.
The amendment (To move forward fulfilling the original obligation of the Contract with McLain as required
to receive the prepared data, with the stipulation that the MUDs move forward at the current budgeted
amount, not to exceed $15,000 total) passed unanimously without any discussion.
Motion amended by Sterling to replace with the stipulation with contingent and to add by both parties at
the end, the second agreed.
The amendment, (To move forward fulfilling the original obligation of the Contract with McLain as required
to receive the prepared data, contingent that the MUDs move forward at the current budgeted amount,
not to exceed $15,000 total by both parties) passed 4:1, with Moss opposing.
Motion made by Sterling, seconded by Strother to move forward to fulfill the original obligation of the
Contract with McLain to receive the prepared data, contingent upon the MUDs moving forward as well,
and not to exceed $15,000 of both parties.
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Amendment passed 4:1, with Moss opposing.
Motion as amended passed unanimously without further discussion.
D.8 Report by Town Manager Emmons regarding the Teague, Nall & Perkins drainage study on
Over Hill Drive; discuss and take appropriate action regarding same.
Town Manager Emmons introduced the item and recommended the implementation of Phase 1, asking
Council to authorize the staff to make changes to the inlets, not exceeding $10,000.
Dave Glaser, 15 Overhill Drive- Spoke in favor of Council taking action.
Larry Crosser, 17 Overhill Drive – Spoke in favor of Council taking action.
Council member Strother felt the Town Engineer did not go far enough out in the ditch in order to obtain
adequate data. Strother said that he would prefer to table this item until a meeting with the Town
Engineer can be held and a better study can be conducted.
Council directed Town Manager Emmons to schedule a meeting between the Town Engineer and Council
member Strother and a few of the residents in order to answer some questions. Council member Moss
requested to be included in the meeting. Mayor Sanders would like this item to come back as soon as
possible.
D.9 Discuss and take appropriate action regarding the Town's position on the consolidation of
MUD 1 and MUD 2, including time frame and plan of action.
Mayor Sanders updated the Council on the MUDs action on Saturday, November 22, 2008 and of the
opinions received in 1995 by MUD Attorney Bob West and Town Attorney John Hill. Sanders said the
MUDS are committed to merging and that the Water Code is very specific on how to merge.
Council member Edstrom would like to understand the day to day governance issue prior to determining
which option is best; consolidation of MUD 1 and MUD 2 or the Town consolidating MUD 2. Council
member Moss agreed with Edstrom and said the long range goal is for the Town to be the operator of the
Utility Districts.
Council member Strother indicated that the McLain Study provided options to get the Town moving in the
right direction, and that the residents should decide which is the best option.
Council member Edstrom requested the Council convene into an Executive Session for Legal advice.
Mayor Sanders announced a five-minute break.
Town Council convened into Executive Session at 9:27 p.m. to receive Legal Advise for Items D.9 and
E.1.
Town Council reconvened into Regular Session at 11:24 p.m.
Council member Strother asked Master District Chair Connie White to explain the consolidation task force
created between MUD1 and MUD2. Chair White explained that the Task Force was created to evaluate
the options of a merger/consolidation; legal implications, requirements for keeping tax rates separate and
the best way to inform the citizens. Strother asked White if there would be an issue having a Council
member on this Task Force as he feels it would be beneficial. White stated that she did not see a problem
with a representative from Council and that an update from this Task Force is anticipated on December 8,
2008.
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Council directed Town Attorney Adams to research the Town’s involvement and/or implications regarding
the consolidation effort.
Council members Wilson and Strother volunteered to serve on the Master District’s Task Force, created
on Saturday, November 22, 2008 for the purpose of evaluating options of a merger/consolidation.
No action taken, direction only.
D.10 Items for Future Agenda.
No action taken.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and
(2) "Consultation with Attorney", the Council will enter into executive session relative to
the following:
(1) Legal advice relative to employment services provided by the Town to the MUDs/Master
District, the New Intergovernmental Contract for Employee Services (2008) between the
Town and the Trophy Club Master District, and amendments thereto.
*REGULAR SESSION
E.2 Discuss and take appropriate action regarding employee services provided by the Town
to the MUDs/Master District, the New Intergovernmental Contract for Employee Services (2008)
between the Town and the Trophy Club Master District, and amendments thereto.
Motion made by Strother, seconded Moss to approve the redlined amendment, subject to MUDs
approval, and directed Town Manager Emmons and Town Attorney Patricia Adams to continue review of
the entire contract
Town Attorney Adams said that she was informed by the MUD’s Attorneys that they would only work on
the sections as directed by their clients.
Considering the February 13, 2008 Contract renewal date, Strother amended the motion directing Town
Attorney Adams to review and resolve all sections in question, prior to Council’s first meeting in January.
The second agreed to the change.
The amendment (directing Town Attorney Adams to review and resolve all sections in question, prior to
Council’s first meeting in January) passed unanimously without any discussion.
Motion made by Strother, seconded Moss to approve the redlined amendment, subject to MUDs
approval, and directing Town Attorney Adams to review and resolve all sections in question, prior to
Council’s first meeting in January passed unanimously without further discussion.
F.1 Adjourn
Motion made by Wilson, seconded by Edstrom to adjourn. Meeting adjourned at 11:47 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 15, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Minutes dated December 15, 2008
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 15, 2008
7:00 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, December
15, 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
Kathleen Wilson Council Member
Jim Moss 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 and Recreation Director
A.1 Mayor Sanders called to order and announce a quorum at 7:02 p.m.
A.2 Fire Chief Thomas offered the Invocation.
A.3 Council member Wilson led the Pledges.
A.4 Citizen Presentations:
No citizens presented.
Motion made by Edstrom, seconded by Sterling to approve Consent Agenda, Item B.1.
Motion passed unanimously without discussion.
B.1 Consent Agenda: Discuss and take appropriate action authorizing the expenditure from
GASB/34 for replacement printers.
*REGULAR SESSION
Council considered Item C.2 prior to C.1.
C.1 Discuss and take appropriate action regarding the adoption of the Master Park Plan.
Parks and Recreation Director Adam Adams gave a brief presentation highlighting the key points
contained within the document. Adams explained that following the adoption of the document, Council
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will receive bound copies of the plan and Staff will move forward to schedule a Town Hall meeting
concerning the plan.
Motion made by Edstrom, seconded by Moss to approve the adoption of the Master Park Plan.
Council member Edstrom clarified that the Town Hall meetings would be informational and not for the
purpose of seeking additional input. Town Manager Emmons said that the meetings would be an
unveiling of what has been determined as community needs.
Director Adams said the plan for Trophy Club Park is approximately one year out and finalization of this
plan could change the main concept. Adams concluded his presentation by explaining the protocol for
amendment submittals to the CORPS.
Motion passed unanimously without further discussion.
C.2 Discuss and take appropriate action regarding an Ordinance amending Section 2.01
entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled
"Municipal Court" of the Code of Ordinances to re-appoint and extend the term of the
current Presiding and Alternate Judges to January, 2011.
Motion made by Wilson, seconded by Strother to approve an Ordinance amending Section 2.01 entitled
"Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of the Code
of Ordinances to re-appoint and extend the term of the current Presiding and Alternate Judges to
January, 2011.
Motion passed unanimously without any discussion.
Mayor Sanders administered the Oath of Office and Statement of Appointed Official to the Honorable
Judge Mark Chambers and Honorable Eric Ransleban.
Both Judges thanked the Council for the opportunity serve.
C.3 Discuss and take appropriate action regarding an Ordinance amending various sections of
Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled
Administration", including Sub-Sections 8.02, 8.03, 8.06, and 8.16.
Town Manager Emmons explained the proposed changes and said that these changes are in addition to
the revisions made on November 17, 2008.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending various sections of
Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled Administration", including
Sub-Sections 8.02, 8.03, 8.06, and 8.16.
Robert Hoch - 245 Oak Hill Drive – Spoke against the fees associated with wildlife euthanasia.
Town Manager Emmons said that if Council removes this fee, the Town will still be charged for
euthanasia services according to the contract approved November 3, 2008 with Brian the Animal Guy.
Police Chief Kniffen said the decision to stop transporting animals was made after considering the
potential liabilities; remaining it takes an officer off the streets, and heightens the potential for injury if the
employee is scratched or bitten. The department has approximately 50-60 disposals per year.
Council member Edstrom agreed with Mr. Hoch, and said that charging a fee would only encourage
people not to call.
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Council Member Edstrom changed her motion to remove the disposal fee, and add captured in privately
owned trap after wildlife under 2.05, Section 8.06 Animal Control, G, Euthanasia, the second agreed.
Motion to approve an Ordinance amending various sections of Article VIII, "Schedule of Fees", Chapter 1
of the Code of Ordinances, entitled Administration", including Sub-Sections 8.02, 8.03, 8.06, and 8.16,
removing disposal fee and adding captured in privately owned trap after wildlife under 2.05, Section 8.06
Animal Control, G, Euthanasia, passed unanimously without further discussion.
C.4 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for
Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club
Municipal Utility District No. 2 and the Town of Trophy Club.
Mayor Sanders pointed out the change under B. Funding.
Motion made by Moss, seconded by Wilson to approve an Interlocal Cooperation Agreement for Fire
Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility
District No. 2 and the Town of Trophy Club with the substitution of rent expense for construction costs,
under B. Funding, 3.
Mayor Sanders explained the reason for the proposed change.
After much discussion by Council regarding the language change, Council member Strother moved the
previous question.
Motion to close debate, passed unanimously.
The Motion (to approve an Interlocal Cooperation Agreement for Fire Protection Services between Trophy
Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy
Club with the substitution of rent expense for construction costs, under B. Funding, 3) passed 4:1, with
Edstrom opposing.
C.5 Discuss and take appropriate action regarding the Citizen of the Year guidelines, criteria
and voting process, consider moving the deadlines for submission of nominees, and
changing the selection of Citizen of the Year to the month of May.
At Council’s November 17, 2008 meeting, Council members Edstrom and Wilson agreed to work together
and revamp the Citizen of the Year (COY) program and report back prior to the end of the year. The
following is their report:
• Three category descriptions (philanthropic, civic and young adult volunteer) were added
• The criteria that excluded elected officials was removed (although they do not think election
officials should be excluded either
• Added criteria that the individual cannot receive compensation for their efforts
• Dates still need to be determined
• Changed from a Board to Committee – suggested to follow suit with NRH; one council member
nominates one person and the past COY winners are included to participate
• Committee members should recuse themselves from the selection process should they know a
nominee
Mayor Pro Tem Sterling liked the categories, but said that philanthropic and civic are intermingling.
Council member Edstrom explained the difference; civic, i.e. Boy/Girl Scout troop leaders, and
philanthropic, i.e. similar to the events hosted by the Trophy Club Women’s Club, (Tour of Homes, etc.)
Mayor Sanders suggested that the category be indicated by the person making the nomination. Sanders
prefers to move the date forward and feels that the recipient could still be recognized on July 4th
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regardless of when Citizen of the Year is announced. Council member Strother and Mayor Pro Tem
Sterling agreed with the Mayor on pushing up the date until February or March.
Kevin Carr, 15 Edgemere Drive - Questioned if a person could be being nominated in more than one
area?
Steven Kohs, 18 Overhill Drive - Agreed with nomination and award process.
Council member Edstrom summarized the suggestions and changes discussed by Council; adding
definitions to philanthropic and civic, changing the date, adding a category, encouraging nominations
based on volunteerism as opposed to a paid position.
No action taken, input only.
C.6 Discuss and take appropriate action regarding the award/rejection of bids for a 500,000
Gallon Elevated Storage Water Tank, and authorizing the Town Manager or his designee to
execute all necessary contract documents.
Town Manager Emmons explained the cash flow issue in aspect to the development. Emmons
suggested Council not award the bid yet as Landmark will hold the bid for 300 days at market value.
Council discussed the water situation as it relates to the new school opening in August and slowing new
home construction.
No action taken.
C.7 Discuss and take appropriate action regarding an Ordinance amending Section 1.10
entitled "Impounding of Animals" of Article I entitled "Animals" of Chapter 2 entitled
"Animal Control" of the Code of Ordinances by adding subsection F entitled "Surrender of
Animals" and setting forth certain regulations relating to the surrender of domestic
animals.
Motion made by Wilson, seconded by Moss to approve an Ordinance amending Section 1.10 entitled
"Impounding of Animals" of Article I entitled "Animals" of Chapter 2 entitled "Animal Control" of the Code
of Ordinances by adding subsection F entitled "Surrender of Animals" and setting forth certain regulations
relating to the surrender of domestic animals.
Council member Wilson thanked Police Chief Kniffen’s for his memo and stated that due to the hard
economical times, she understands the need for this Ordinance.
Motion passed unanimously without any discussion.
C.8 Discuss and take appropriate action regarding policies and procedures for implementing a
community wide survey program.
Town Manager Emmons stated that Staff was asked to conduct research into several surveying tools that
would provide a more secure and accurate mechanism than our current system. Staff found an online
survey tool that can tie back into the utility billing system for user verification. Along with the verification, a
PIN will be provided on the utility bill each month. The cost to develop the interface and the survey tool is
estimated at $5,000. It is a one time charge with unlimited usage. Emmons asked for Council to set
guidelines for conducting surveys.
Mayor Sanders confirmed that the IT department reviewed the software/network capabilities. Sanders
requested the Council to remember the age of some residents
Town Manger Emmons stated that the $5,000 cost is not budgeted and suggested that the MUDs might
be interested in splitting the cost.
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Council member Edstrom stated concern that people might get inundated with surveys.
Council member Wilson clarified that her direction to Town Manager Emmons was to work with the IT
Director in order to provide a recommendation to the Council. Wilson commented that the Town’s
website posts language encouraging community involvement and that surveys are one way to accomplish
this.
Council directed Town Manager Emmons to research funding options and to also develop guidelines for
surveys. Town Manager Emmons stated he would bring this item back to Council at their second meeting
in January.
C.9 Discuss and take appropriate action regarding an exception to the Handbook for Elected
and Appointed Officials.
Mayor Sanders explained that the Council was not informed that Mr. Downey was currently seated on the
Tree Board and the Zoning Board of Adjustment (ZBA) when they appointed him to the Charter Review
Committee (CRC.) Sanders suggested Council make an exemption for this case.
Motion made by Edstrom, seconded by Wilson to make and exception in the case of Mr. Bob Downey
and seat on the ZBA, Tree Board and CRC.
Motion passed unanimously without further discussion.
C.10 Discuss and take appropriate action regarding Council involvement with and input to the
Charter Review Commission (CRC) and regarding any necessary amendments to
Resolution 2008-20.
Mayor Sanders clarified that Council members cannot serve on the CRC and asked Council to provide
further direction to Staff regarding their involvement with the CRC.
CRC Chairman Rose addressed Council regarding Bedford’s Charter Amendments and requested a joint
session with Council in January. Roses stated the majority of work is complete and only three or four
amendments are left to be reviewed. Rose described the white paper as other areas the CRC noted as
problems, however the amendments take precedence.
Town Attorney Adams said that she met with Bill Rose and Dick Hobday on the amendments. Adams
advised that all potential amendments affect one another. Adams asked the Council to provide clear
direction at the first meeting in January so that she can prepare and have ballot language ready for
Council’s review at the second meeting in January. Adams reminded the Council that the Resolution
focuses and tasks the CRC on only the 19 amendments and Staff will need to know if Council chooses to
go beyond the 19 proposed amendments.
Council member Wilson said she recalled that the CRC was going to re-examine the 19 potential
amendments in order to streamline the process. CRC Board member, Roger Williams understood that
the CRC was to gather the data and the Attorney would prepare the ballot language for Council to
approve.
Town Attorney Adams requested that the Council direct her on which of the 19 potential amendments she
should work on otherwise she would begin work on all 19.
Council member Moss recalled the Council providing direction on only some of the 19 amendments.
Mayor Pro Tem Sterling said that 19 seems overly complex and is in favor of bundling the amendments.
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Council member Edstrom cautioned the group that the amendments should be for the benefit of all and
not just one person.
Council members Moss and Edstrom and Mayor Pro Tem Sterling were in favor of Staff working on the
subset of the 19 proposed amendment and Council members Strother and Wilson were in favor of Staff
working on all 19 proposed amendments.
This item will come back at the first meeting in January.
C.11 Discuss and provide direction to the Town of Trophy Club Council representatives serving
on the Municipal Utility District Consolidation Task Force.
MUD Director Jim Thomas informed the Council of the meeting on Tuesday, December 16, 2008 and
explained the MUD Director Jim Hase will present a list of tasks to be researched.
Mayor Sanders confirmed that Town Manager Emmons was notified of the meeting and requested that
Council members Wilson and Strother be provided a copy of the list of tasks and direction.
Council member Edstrom and Mayor Pro Tem Sterling asked Wilson and Strother to keep their mind on
the best option for the entire community and ways to facilitate the next step.
No action taken, direction only.
Council took a five-minute recess.
C.12 General discussion regarding potential legislative issues during the 2009 Texas
Legislative session that would likely impact the Town of Trophy Club.
Mayor Sanders updated the Council on a meeting that he and Town Manager Emmons attended with
Texas State Representative Vicki Truitt. Town Manager Emmons explained a few of the pre-filed bills.
C.13 Town Manager Emmons reported on the following:
1. McLain Report Payment Update
2. Intergovernment Contract for Employee Services
Town Manager Emmons provided a brief update on the McLain Report Payment and Intergovernment
Contract for Employee Services
C.14 Items for Future Agenda.
Council member Edstrom asked that #5 be brought forward.
5. 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”)(added at 8/18/08 Council Meeting)
Town Manager Emmons said that he will bring this item to Council at their second meeting in January.
D.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 10:30 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 5, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Minutes dated January 5, 2009
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 5, 2009
7:00 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, January 5,
2009. 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
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m.
A.2 Pastor Joel Quile offered the Invocation.
A.3 Council Member Edstrom led the Pledges.
A.4 Citizen Presentations:
J.D. Stotts, 1 Narrow Creek – spoke to Item C.5 and said that he would like to see pictures of the land
that would be swapped.
PUBLIC HEARING
Public Hearing opened at 7:05 p.m.
B.1 Public Hearing to Consider an Amendment to PD – Planned Development District No. 27,
known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit
"B" - Development Standards, Section VI. Development and Design Standards, Subsection
"C" Screening and Fencing. Applicant: High Trophy Development, LLC Represented by
Steve Lenart, Lenart Development Company, LLC (PD AMD-08-029)
Chris Kelly, 2208 Aberdeen – Owner of the property, spoke in favor of the amendment.
Tony English, 2240 Veranda Avenue - Owner with a similar situation, spoke in favor of the amendment.
Tom Di Maranao, 2231 Alyssa Lane – Owner with a similar situation, spoke in favor of the amendment.
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Public Hearing closed at 7:14 p.m.
Town Council reconvened into Regular Session
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding an Ordinance amending PD – Planned
Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-
15 P&Z by amending Exhibit "B" - Development Standards, Section VI. Development and
Design Standards, "C" Screening and Fencing. Applicant: High Trophy Development, LLC
Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-08-029)
The applicant Steve Lenart, Lenart Development, LLC was present and provided a history of the
proposed amendments. Mr. Lenart said that these neighborhoods were developed prior to Centurion
homes and they have worked with Staff the entire way.
Council member Strother confirmed that this amendment would not create a misalignment of the
lot/fence.
Mayor Sanders stated that the owners present have larger lots and the developer is requesting an
exemption on the smaller lots.
Planning and Zoning Chairman Hill stated at the P&Z meeting of December 18, 2008, the developer’s
request to amend screening and fencing requirements for PD-27 was heard in Public Hearing and
Regular Session. Side yard fencing was discussed at length. It was agreed that a change from the
current regulations should be allowed to place fencing on Lot Types 1 and 2 at 10 feet from the property
line.
The developer had also requested side yard fencing along a side street for Lot Types 3 and 4 be placed
at the property line, affecting approximately 10 lots of the 610 lot types. The Commissioners were divided
at 3 in favor and 3 opposed on this issue and Chairman Hill could not provide reasoning for those who
opposed.
Discussion of the perimeter fencing issue determined that homeowner installed fencing connected to
perimeter fencing should be allowed.
The Commission recommendation considered all items together as one motion, stipulating:
• A “key lot” is defined as any lot having a street adjacent to both its front and side building lines,
and its rear property line is also the side property line of an adjacent lot;
• The side yard fence adjacent to a side street for Lot Types 1, 2, 3, and 4 may be placed 10 feet
off the property line and must be 10 feet behind the building’s front façade;
• Homeowners may connect to perimeter fencing and the property owner’s fence must be located
10 feet behind the building’s front façade. The Homeowner’s Association will maintain the
perimeter fencing, and the homeowner will maintain his connecting fencing.
The Commission’s recommendation was passed by unanimous (6 – 0) vote.
Council member Moss recalled the objection was related to tunnel vision. Moss clarified that an
exemption allowed on a 15’ setback, would still provide five feet from house and not create tunnel vision.
Chris Kelly, 2208 Aberdeen – Owner of the property, spoke in favor of the amendment.
Motion made by Moss, seconded by Edstrom to approve an Ordinance as drafted, with a
recommendation for the Planning and Zoning Commission to review and discuss Lot Types 3 and 4.
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Council member Moss stated that P &Z has more experience and should review Lot Types 3 and 4.
Council member Strother confirmed that if the motion passed, Council would have to consider another
amendment pending P & Z’s review on Lots 3 and 4.
Mehrdad Moayedi, Centurion American Development Group, 3901 West Airport Freeway, Suite 200,
Bedford, TX 76021 - Requested the Council take care of the homeowners and believes that the Staff is
sophisticated enough to work with the lot sizes so that they do not get too small. Mr. Moayedi feels that
the motion would only delay things further on Lot Types 3 and 4.
Motion amended by Sterling, seconded by Strother to allow side fences be built for Lots Types 3 and 4.
Planning and Zoning Coordinator Carolyn Huggins stated that Council’s amendments would need to be
made under “C. Screening and Fences, page 31 in the packet.
Town Manager Emmons recommended the Council approve with the intent for Staff to bring back on the
January 19, 2009 Consent Agenda.
Motion made by Edstrom, seconded by Strother to table until later in the meeting so that Staff could make
the changes to the Ordinance for Council’s consideration. Motion to table passed unanimously.
Item tabled at 8:10 p.m.
Motion made by Moss, seconded by Edstrom to remove from the table. Motion passed unanimously.
Item removed from table at 8:37 p.m.
Staff summarized the following revisions to the Ordinance; deleted Lot Types 3 & 4 from Item No. 3.,
added Item No. 4 to add regulations for Lot Types 3 & 4, changed the previous No. 4 (perimeter fencing)
to No. 5 and paragraph “2.02” now reads “is hereby amended to add subsections 3, 4 and 5 so that
Section VI, C shall be and read in its entirety.”
Motion made by Edstrom, seconded by Moss to approve the Ordinance with the changes listed above.
Motion passed unanimously.
C.2 Discuss and take appropriate action regarding a request for approval of a Temporary Use
Permit for Off Street Parking for Model Homes in Planned Development No. 27,
Neighborhood 2, Phase 1A, for a Period of time of not greater than One Year. Applicant:
Centex Homes
The applicant Wes Homeyer was present and commented that both Staff and the Planning and Zoning
Commission have satisfied all requirements.
Planning and Zoning Chair Hill reported at its December 18, 2008 Planning and Zoning session, the
Commission heard the applicant’s request and Town Staff’s statements regarding the parking lot plan’s
compliance with regulations concerning setbacks, parking, landscaping and the eventual removal of the
parking surface.
The Commission unanimously, (by vote of 6 – 0), recommends approval of this temporary parking lot to
the Town Council.
Motion made by Edstrom, seconded by Moss to approve a request for approval of a Temporary Use
Permit for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 2, Phase
1A, for a Period of time not greater than One Year. Applicant: Centex Homes
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Motion passed unanimously without any discussion.
C.3 Comments from Planning & Zoning Chairman Gene Hill regarding Planning & Zoning
Commission discussion and comment on changes to the Town of Trophy Club Code Of
Ordinances, Chapter 13-Zoning, including without limitation, amending regulations
regarding permitted uses for "CG" Commercial General zoning and other miscellaneous
provisions as needed of Chapter 13 (ADM-08-029); Council discussion and appropriate
action regarding same.
Planning and Zoning Chair Hill reported that Staff brought before the Commission on December 18, 2008,
a request from Town Council and the Town Manager to consider if the current inclusion of Pawn
Shops in CG – Commercial General zoning is appropriate. The Commission was also directed to review
all of the listed uses for CG zoning and provide comment.
Regarding the specific request concerning the review of Pawn Shops, the consensus was that the “P -
Permitted Use” be removed from Pawn Shop in the “CG” column of the Ordinance chart. By doing so,
Pawn Shops become a “Prohibited Use” under Section 3.03 – Classification of New and Unlisted
Properties of the Ordinance as shown on page 48 of the packet.
The Commission intends to conduct workshops with Staff to review all “CG” zoning uses as requested.
The workshops would be followed by Public Hearings and recommendations to Council for amendment of
the Town Ordinances as appropriate.
Town Manager Emmons stated that the normal process is for Planning and Zoning Commission to hold a
Public Hearing and then recommend to Council.
Town Attorney Adams advised that the request was for the Planning and Zoning Commission to review
the regulations regarding permitted uses for "CG" Commercial General zoning and recommend other
areas more appropriate for Pawn Shops. Adams stated that the Town cannot specifically deny permitting
for Pawn Shops but may establish certain parameters making it harder to permit. The reality is there is
lack of commercial area available in the Town that would accommodate a Pawn Shop.
The Council requested the Staff establish parameters restricting the ease of permitting Pawn Shops in the
Town.
No action, comments only.
Noting no objections, the Council addressed Item C.5 prior to C.4.
C.4 Discuss and take appropriate action regarding the 19 Proposed Charter Amendments
submitted by the Charter Review Commission for the May 2009 ballot.
Mayor Sanders stated that Staff and the Charter Review Commission (CRC) are looking for clear
direction and acknowledgement that the Town Attorney will be responsible for drafting the ballot
language.
Mayor Sanders explained that the Charter belongs to the people and the Staff would like to know which
proposed amendments the Council supports the Staff to work on. Mayor Sanders said that he does not
want to limit debate and would prefer that the Council discuss and direct Staff on which proposed
amendments to draft ballot language. Mayor Sanders cautioned that although a Council member may
oppose a particular proposed amendment, they are voting whether they should let the people decide.
CRC Chairman Rose, 219 Inverness – Stated that the Commission has been looking at ballot language
and the handouts reflect changes to the amendments already forwarded to the Council. Chairman Rose
hopes to make a presentation at the time the ballot language is ready.
30
Town Attorney Adams said that the Ordinance will have the ballot language with the Charter language
change.
Council member Moss recommended that the Council look at the 19 proposed amendments separately.
Moss feels the Council has a duty to decide which items are the best for the residents to look at. For
example, who is best qualified to determine how many Council members there should be? Moss does
not feel the residents in general can make that decision, and that the Council is best qualified to know
whether an additional Council member would be of benefit to the existing Council.
Council member Strother clarified that the proposed amendments would come back before the Council.
Town Attorney Adams said that if Council provided their input on the proposed amendments they would
support, she would like at least three weeks to prepare the ballot language. This would give the Council
time to review again, prior to calling the Election.
Mayor Sanders said that the Council directed the CRC to continue working on all 19 proposed
amendments and the Council has never voted on the proposed amendments, but only voiced their
support on the particular proposed amendments. Mayor Sanders asked the Council if they are willing to
vote on each proposed amendment in order to provide clear direction to Staff.
CRC Chairman Rose, 219 Inverness – Considered giving his flag speech regarding, liberty, justice and
freedom and how it relates to free speech, religion and voting. As a retired military man, and on behalf of
the four soldiers killed in Iraq last week, Rose stated that if Council voted down any one of the proposed
amendments, they would be taking away citizens’ right to vote and those four soldier’s died in vain. Rose
reminded the Council that the Charter belongs to him and the citizens of the Town and they should have
a right to vote. Rose asked the Council to look into the camera when voting no and asked that the
Council tell the residents that they are taking away their right to vote.
Council member Moss responded that the Council was elected by the people to vote on items that affect
all residents of the Town. Moss questioned why the Council should take all 19 proposed amendments as
decided by a few people and let the rest of the residents vote.
Council member Edstrom recognizes the freedoms afforded to her and the people’s right to vote.
Edstrom further understands the Preamble of the Charter, defining representative government, where the
Citizens grant the elected governing body the power and privilege to administer the Town on their behalf
and for the benefit of our community. Edstrom took exception to the comment that by Council voting on
all 19 proposed amendments is less democratic then what the CRC did when voting just the same.
Voting for directs Staff to move forward with ballot language:
1. Add One Councilmember
For: Strother Opposed: Sterling, Edstrom, Moss
2. Change from At-Large to At-Large-by-Place Elections
For: None Opposed: Sterling, Edstrom, Moss Abstained: Strother
*3. Add Three Year Terms
For: Strother, Sterling, Moss Opposed: Edstrom
*4. Resignation of Council Member Seat
For: Strother, Sterling, Moss Opposed: Edstrom
5. Add Violates Any Express Prohibition of this Charter
For: Strother Opposed: Sterling, Edstrom, Moss
*6. Filling Vacancies
31
For: Unanimous
*7. Add Council Compensation
For: Strother, Sterling, Moss Opposed: Edstrom
8. Add Mayor Voting On All Matters
For: Strother Opposed: Sterling, Edstrom, Moss
9. Agenda Request
For: Strother Opposed: Sterling, Edstrom, Moss
*10. Conflict of Interest and Abstention Town Council Procedure
For: Strother, Edstrom, Moss Abstained: Sterling
*11. Clarify Appointment Procedure
For: Unanimous
*12. Comply with Texas Election Code
For: Unanimous
*13. Clarify Grounds for Recall
Willing to move forward with removal of the actual terms (CRC version would not specify
any Terms/ground/definitions.
For: Strother, Moss Opposed: Sterling, Edstrom
Willing to move forward with clarifying and adding definitions on incompetence and
malfeasance
For: Unanimous
14. Reduce Recall Signatures Required
For: Strother Opposed: Sterling, Edstrom, Moss
15. Reduce Required Signatures for Initiative and Referendum
For: Strother Opposed: Sterling, Edstrom, Moss
*16. Budget Process Enhancement
Willing to move forward on Proposed Amendment as proposed.
For: Opposed: Unanimously
Willing to move forward with Staff’s recommendation on a proposed amendment.
For: Unanimously
*17. Franchise Term
For: Unanimous
*18. Code of Ethics and Conduct
Willing to move forward as proposed
Opposed: Unanimous
Willing to move forward directing Staff to discuss section A and strike section B under
proposed
Amendment (Staff directed to bring back an amendment to section A to the next meeting)
For: Unanimous
19. Charter Review Commission
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For: Strother Opposed: Sterling, Edstrom, Moss
Mayor Sanders confirmed the Town Attorney will write ballot language on the following: 3, 4, 6, 7,
10, 11, 12, 13, 16, 17 and 18. Staff will clarify and add definitions on Incompetence and
Malfeasance to 13 Clarify Grounds for Recall, Staff will recommend language for 16 Budget
Process Enhancement and Staff will discuss Section A and strike Section B under 18.Code of
Ethics and Conduct. Staff will bring the revisions for 13, 16 and 18 back at the next Council
meeting.
C.5 Discuss and take appropriate action to place an item on the May 2009 ballot for voter
consideration of a land swap of a 0.11 acre tract of land owned by the Town and part of
Harmony Park for a 0.18 acre tract of land owned by Centurion American and adjacent to
Harmony Park.
Town Manager Emmons introduced this item as being on the table for a couple of years and the Town
was originally dealing with Beck Park. Since then, the property has changed hands and this subsidiary
now belongs to Centurion American. As it currently stands the Town cannot not sell this parcel and
needs to hold an election in order to swap the land.
Mehrdad Moayedi Centurion American Development Group, 3901 West Airport Freeway, Suite 200,
Bedford, TX 76021 said that Centurion does not receive anything out of this swap, this is just
straightening things out.
Motion made by Sterling, seconded by Edstrom to proceed with ballot language for the May 2009
Election.
Motion passed unanimously without any discussion
C.6 Discuss and take appropriate action regarding the disposition of "Child Safety Funds" for
various programs.
Town Manager Emmons stated that the Texas Transportation Code authorizes the assessment of a fee
as part of the motor vehicle registration process to be used for child safety. The Town has a balance in
excess of $31,000 in our Child Safety Fund and Staff recommends using these funds for five projects that
will help enhance the safety of our children. These programs are: Bike Training Program, Bicycle
Rodeos, Crossing Guard Program, School Zone Enforcement, and TLETS for SRO.
Motion made by Edstrom, seconded by Moss to approve the disposition of "Child Safety Funds" for
various programs.
Motion passed unanimously without any discussion
C.7 Discuss and take appropriate action regarding a Resolution approving an Interlocal
Agreement between the Town and Tarrant County Emergency Services District No. One to
provide fire protection and related services.
This item was referred until the January 19, 2008 meeting.
C.8 Receive a progress report on the Highlands of Trophy Club Public Improvement District
#1, Council discussion and appropriate action regarding same.
Town Manager gave a progress report, no action taken.
C.9 Consolidation Task Force Committee Report
A.) Progress to date from prior two meetings.
33
Council member Strother provided the report, no action taken.
C.10 Town Manager Report
A.) Update on Land Acquisition for Fire Station
Town Manager Emmons provided an update on the Land Acquisition for a Fire Station, no action taken.
C.11 Items for Future Agenda.
Council member Moss asked the status of #2 Town Manager Emmons to report on the sound barrier
issues on the east side and conversations with TXDOT, and discussion of same.
Town Manager Emmons stated that the sound barrier would mostly be in the City of Roanoke. Emmons
will contact Roanoke City Manager Stathatos for an update.
D.1 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Motion passed unanimously, meeting adjourned at 10:38 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
34
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.1
Receive information from Town Attorney on Open Meetings Act
requirements and communications between Council Members, discussion
regarding same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
35
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding a Resolution supporting the
implementation of Rail North Texas in the Dallas-Fort Worth region.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Letter from Tarrant County
2. Questions and Answers about Rail North Texas
3. Resolution
36
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40
41
42
43
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45
46
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2009-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPROVING A LEGISLATIVE POSITION ON RAIL NORTH TEXAS, A
PRIMARY RAIL LEGISLATIVE PROGRAM WITH SUPPLEMENTAL ROADWAY
IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, North Central Texas Council of Governments is designated as the Metropolitan
Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in
accordance with federal law; and
WHEREAS, Town of Trophy Club comprised primarily of local elected officials, is the regional
transportation policy body associated with the North Central Texas Council of Governments, and has
been and continues to be the regional forum for cooperative decisions; and
WHEREAS, Town of Trophy Club has advocated for additional transportation funding and
flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate
a seamless regional rail system for the past 5 years; and
WHEREAS, Rail North Texas effort has been a bottom-up process to include local elected
officials, business leaders, the public, and State legislators and has resulted in a specific legislative
proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, supports seeking legislative
authority to create a Transportation Funding Area (TFA) for the purpose of levying taxes or fees
in order to generate revenue to fund rail and supplemental roadway improvements.
Section 2. That the Town of Trophy Club, Texas, continues to support the principles
contained in the three transportation authorities’ “Joint Recommendation for Regional Rail in North
Central Texas.” This rail initiative will be constructed by existing transportation providers.
Section 3. That the Town of Trophy Club, Texas, does not support the creation of any new
transportation authorities or transportation providers within the Dallas-Fort Worth region.
Section 4. That the Town of Trophy Club, Texas, supports implementation of Rail North
Texas in the Dallas-Fort Worth region consistent with:
• The “Policy Summary” in Attachment 1,
• The “Questions and Answers About Rail North Texas” in Attachment 2,
• What the Rail North Texas initiative is not as contained in Attachment 3,
• The “Project Selection, Funding, and Implementation Process” in Attachment
4, and
• The specific proposal outlined in Attachment 5.
Section 5. That the Town of Trophy Club, Texas, wishes to implement a TFA for the sole
purpose of implementing rail and supplemental roadway improvements.
53
Section 6. This resolution will be transmitted to local governments, partner organizations,
and other interested parties with a request to support transportation as the region’s highest legislative
priority for the 8lst Texas Legislature and a request to endorse this resolution. In addition, each entity is
requested to transmit its position of support on these primary legislative proposals to the legislative
delegation and NCTCOG.
Section 7. This resolution will be transmitted to the Texas legislative delegation.
Section 8. The NCTCOG Transportation Director is authorized to communicate these
positions on behalf of the Regional Transportation Council.
Section 9. That this Resolution shall become effective from and after its date of passage in
accordance with law, and it is so resolved.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd day
of February, 2009.
___________________________________
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 A. Adams
Town of Trophy Club, Texas
54
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding the consolidation of the
MUD1 and MUD2; dissolution of MUD2.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
55
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding the Three Proposed Charter
Amendments previously submitted by the Charter Review Commission for
the May 2009 ballot as revised by Staff.
A. 13. Clarify Grounds for Recall
B. 16. Budget Process Enhancement
C. 18. Code of Ethics and Conduct
EXPLANATION:
Council directed staff to continue working on the three and bring back to Council.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: A. Draft 13. Clarify Grounds for Recall
B. Draft 16. Budget Process Enhancement
C. Draft 18. Code of Ethics and Conduct
56
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59
60
61
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11.14 Code of Ethics.
The Town Council shall adopt by ordinance a code of ethics and conduct that is
consistent with the provisions of this Charter and applicable to elected officers,
appointed board, commission, and committee members, and employees of the Town.
The ordinance shall include procedures for the administration of the code of ethics and
conduct which are consistent with Council authority over such matters under state law.
The Town Council may appoint an independent Ethics Commission to administer the
code of ethics which shall serve without compensation.
63
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.5
Discuss and take appropriate action regarding an Interlocal Agreement
between the Town and Denton County for the rental of Election equipment
for the May 9, 2009 Election.
EXPLANATION:
Based on the estimated ballot language and length, Denton County Election
Administrator, Don Alexander has suggested the Town have at least 12 machines for
Early Voting and the same if not more for Election Day
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Emails from Denton County Election Administration Office
2. Denton County Agreement for rental of voting machines & equipment,
and the purchase of voting supplies.
64
From: Don Alexander [mailto:Don.Alexander@dentoncounty.com]
Sent: Tuesday, January 20, 2009 7:48 AM
To: Lisa Hennek
Subject: RE: Questions
If the length of the ballot exceeds one sheet of ballot (paper front and back) then you
must use electronic voting only. The scanner I have for scanning mail ballots will read
two pages (sheets) of ballot so mail ballot is not a problem.
Don Alexander, CERA
Elections Administrator, Denton County
P.O. Box 1720
Denton, TX 76202
(940)-349-3200
We make your vote count.
Visit us on the web at http://elections.dentoncounty.com
From: Sara Tischler [mailto:Sara.Tischler@dentoncounty.com]
Sent: Tuesday, January 20, 2009 3:23 PM
To: Lisa Hennek
Subject: election equipment
Lisa,
Don doesn’t think you have enough equipment rented for Early Voting or Election Day.
With really long ballots it is going to take the voters longer to read the ballot and vote.
He suggested you have at least 12 machines for Early Voting and the same if not more
for Election Day. Just let me know if you want to up the numbers and I will send you a
corrected contract and annex A.
Thanks,
Sara Tischler
Contract Manager
Elections Administration
Denton County, Texas
(940) 349-3206
(940) 349-5295 fax
65
INTERLOCAL AGREEMENT
TOWN OF TROPHY CLUB
AN AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND THE
COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES &
EQUIPMENT, AND THE PURCHASE OF VOTING SUPPLIES.
Section 1. Denton County, Texas, a corporate body politic, hereinafter
designated as “the County,” represented in this agreement by the Elections
Administrator, hereby agrees to rent the following voting machines to the hereinafter-
identified organization on the terms stated below.
Section 2. The Town of Trophy Club, Texas, 100 Municipal Drive, Trophy
Club, Texas hereinafter designated as “Renter,” has requested the rental of two (2) Hart
eSlate DAU, and twenty-two (22) Hart eSlate DRE at $300.00 per machine, one (1)
work station at $250.00 per work station, various election equipment and supplies, and
election programming per the terms stated below or Annex A which is attached for the
May 9, 2009 election.
Section 3. Town of Trophy will deliver to Denton County no later than March
13, 2009 the ballot text in both English and Spanish by fax to 940-349-3201 or via email
to sara.tischler@dentoncounty.com for election programming.
Section 4. The rental period of voting machines shall commence on the 27th
day of April, 2009 and shall not extend to a date which will interfere with subsequent
elections for which the County is responsible for providing the voting machines for
public uses, and to this end will, in compliance with the Election Code, Section 273.061,
obtain a Court Order, at the Renter’s expense, permitting the affected voting machine to
be cleared and available to the County, no later than the tenth day after the first election
for which the voting machines were rented.
Section 5. Only voting machines that the County believes to be in safe
operating condition will be provided, and the Renter agrees to hold the County harmless
for any damages arising from the Renter’s use of voting machines.
Section 6. Renter agrees to return the voting machines in the same condition
as when received, normal and considerate usage wear expected. Renter agrees to
reimburse the County for the costs to repair damages to the said machines during such
time as the County does not have control custody of said machines.
Section 7. The said Election Day machine will be delivered by the County to
Town of Trophy Club, 100 Municipal Drive, Texas, for a delivery fee of $86.00 each for
delivery and pickup by the County at said place.
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Section 8. This contract should be accompanied with a deposit of 90% (see
annex A) of the estimated election cost. Contracts received without the deposit will be
returned which may jeopardize the availability of equipment for your election. Elections
that are cancelled will receive a refund of the deposit less a $75.00 contract processing
fee.
Section 9. That this Agreement shall become effective from and after its date
of passage.
Section 10. In witness of this Agreement, the County and the Renter affix their
signatures on this the 2nd day of February, 2009.
Nick Sanders, Mayor
Trophy Club, Texas
[Seal]
ATTEST:
Lisa Hennek, Town Secretary
Trophy Club, Texas
APPROVED AS TO FORM
Patricia Adams, Town Attorney
APPROVED:
Don Alexander
Elections Administrator
Denton County, Texas
67
ANNEX A
Attachment "A" May 9,2009 Denton County Elections Contract Worksheet
Town of Trophy Club
Election Costs Units Cost Per Unit Estimated Actual
Ballots (cost per thousand)0 $244.00 0.00 $0.00
Early Voting Mail Ballots 20 Included 0.00 $0.00
Election Kits (Early& Election)2.00 $44.00 88.00 $0.00
Early Voting Ballot Board Kit 1.00 $44.00 44.00 $0.00
Precinct Maps 2.00 $20.00 40.00 $0.00
City or ISD Maps 0.00 $20.00 0.00 $0.00
Ballot Boxes 0.00 $5.00 0.00 $0.00
Voting Booth (One kit = two booths)0.00 $5.00 0.00 $0.00
eSlate Voting Machines Rental (Ea)24.00 $300.00 7,200.00 $0.00
eScan Voting Machine Rental (ea)0.00 $500.00 0.00 $0.00
Programing eScan/eSlate per Election 1.00 $400.00 400.00 $0.00
Election Signs 0.00 $1.00 0.00 $0.00
Mail Ballot Kits 0.00 $1.00 0.00 $0.00
Postage for Mail Ballot Kits 0.00 $0.52 0.00 $0.00
Workers(Early Voting (hours)0.00 $10.00 0.00 $0.00
FICA on Early Workers 0.00 $0.0765 0.00 $0.00
Pickup and Delivery of Supplies 0.00 $25.00 0.00 $0.00
Delivery of EV & ED Equipment 2.00 $86.00 172.00 $0.00
Computers (Ea)1.00 $250.00 250.00 $0.00
Programing Computers per election 1.00 $300.00 300.00 $0.00
Election Day Workers (hours)0.00 $10.00 0.00 $0.00
FICA on Election Day Workers 0.00 $0.0765 0.00 $0.00
EV Ballot Board Personnel (hours)0.00 $9.00 0.00 $0.00
Administrative Personnel Costs 0.00 TBD 0.00 $0.00
Worksheet Total Expense $8,494.00 $0.00
Estimated Amount Paid Check Number/Date Received
Election Total $8,494.00
Election Service Fee $849.40
Election Total Cost $9,343.40
Deposit (90%)$8,409.06 $0.00
Balance Due $9,343.40
68
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding a Joint Election Contract
between the Town of Trophy Club and the Northwest Independent School
District.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Contract
69
JOINT ELECTION AGREEMENT
(Authorized by the Texas Election Code Chapter 271)
I. JURISDICTION
The Town of Trophy Club plans to hold a General Election on May 9, 2009, in
Denton County voting precinct for the purpose of electing a Mayor for a two (2) year
term and two (2) council members, for two (2) year terms.
The Northwest Independent School District Board of Trustees plans to hold a
Board of Trustees Election on May 9, 2009, in Denton County voting precincts for the
purpose of electing school trustees to Place Nos. 1 and 2 for two (2) year terms.
II. ADMINISTRATION
The Town of Trophy Club’s Elections Administrator agrees to coordinate,
supervise and handle all aspects of administering the Joint Election in accordance with
the provisions of the Texas Election Code and as outlined in this agreement. The
Northwest Independent School District agrees to pay the Town of Trophy Club for
equipment, supplies, services and administrative costs as outlined in this agreement.
The Town of Trophy Club’s Elections Administrator will serve as administrator for the
election; however, each participating authority remains responsible for the lawful
conduct of their respective election.
III. LEGAL DOCUMENTS
Each participating authority will be responsible for preparation, translation,
adoption and publication of all required election orders, resolutions, notices and any
other pertinent documents required by their respective governing bodies.
Each participating authority will be responsible for making the submission
required by the Federal Voting Rights Act of 1965, as amended, with regard to
administration of the joint election and any other changes which require preclearance by
the U.S. Department of Justice will be the responsibility of each participating authority.
Preparation of necessary bilingual materials for notices and preparation for the text for
the official ballot will also be the responsibility of each participating authority.
IV. VOTING SYSTEM
Each participating authority agrees that voting at the joint election will be by use
of the Hart eSlate DRE voting system approved by the Secretary of State in accordance
with the Texas Election Code. It is further agreed that the Town of Trophy Club will
provide for two (2) joint eSlates and Judges Booth Controller during the early voting
process at the branch early voting location and five (5) joint eSlates and Judges Booth
Controller and at the regular polling place located within the Town on election day. The
Denton County Elections Department will be responsible for the preparation of
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programs and the testing of the optical scan system used for tabulating the ballots.
Testing of the equipment will be conducted at a date, time, and location identified by the
Denton County Elections Administrator and notification of this information will be
provided to the Northwest Independent School District by the Town of Trophy Club’s
Election Administrator.
V. VOTING LOCATIONS
It is agreed by the participating authorities that the Early Voting location for the
Town of Trophy Club/NISD May 9, 2009, election will be held at the Trophy Club Town
Hall, 100 Municipal Drive, Trophy Club, Texas 76262.
It is further agreed by the participating authorities that the following polling places
will be used on election day:
Location: Trophy Club Town Hall
Address: 100 Municipal Drive, Trophy Club
Precincts: 400, 401 and 403
VI. ELECTIONS JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
The Town of Trophy Club will be responsible for the appointment of the presiding
judge and alternate at polling location, and also for the appointment of the Early Voting
Ballot Board. It is agreed by the participating authorities to employ the number of
election clerks as the need determines, and that all election workers shall be paid $8.00
per hour. The election judges will be paid $10.00 per hour.
The Town of Trophy Club’s Elections Administrator is responsible for
notifying all election judges of the eligibility requirements of Subchapter C of Chapter 32
of the Texas Election Code, and will take the necessary steps to insure that all election
judges appointed for the joint election are eligible to serve. The presiding judges, with
the Elections Administrator’s assistance, will be responsible for insuring the eligibility of
each appointed clerk hired to assist the judge in the conduct of the election.
The participating authorities agree to hold one (1) public school of instruction on
election laws and on the use of the Hart eSlate and Judges Booth Controller voting
equipment. The instructional class will be held on a day as scheduled in April by the
Denton County Election Administrator at the Joseph A. Carroll Building, 401 West
Hickory, Denton, Texas 76201.
The election judges are responsible for picking up election supplies at the time
and place determined by the Elections Administrator (which will be set forth in the
election judge letter requesting service for this election).
VII. SUPPLIES AND PRINTING
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The Town of Trophy Club will arrange for all election supplies and election
printing, including, but not limited to, all forms, signs and other materials used by the
election judges at the voting locations.
The Northwest Independent School District will furnish the Town of Trophy Club’s
Elections Administrator a list of candidates showing the order and the exact manner in
which their names are to appear on the official ballot. This will be done as soon as
possible after ballot positions have been determined by the NISD candidates, no later
than March 11, 2009.
VIII. BALLOT TABULATION AND RETURNS OF ELECTION
The Town of Trophy Club will be responsible for the tabulation of ballots by the
electronic precinct counter at each polling location, and for the tabulation of early votes at
the Trophy Club Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262. Following
the tabulation of ballots on Saturday, May 9th, the Town of Trophy Club shall notify NISD
of the unofficial results by telephone or FAX machine, and will prepare the following
election records to be picked up by NISD no later than 12:00 p.m., Monday, May 11,
2009: (1) tape from each electronic precinct counter showing breakdown of ballots cast in
early voting and on election day; (2) a Return Sheet (Form No. 17-4167) from the polling
location, and for early voting, showing number of votes received by each candidate and
total number of voters; (3) copy of the Combination Form (Poll List/Signature Roster) from
the polling location, and for early voting.
Northwest ISD will be responsible for securing these records from the Town of
Trophy Club by the date and time specified above.
IX. RECORDS OF ELECTION
Lisa Hennek Town Secretary/Elections Administrator, is hereby appointed general
custodian of the voted ballots and all records of the Joint Election as authorized by
Section 271.010 of the Texas Election Code.
Access to the election records will be available to each participating authority as
well as to the public in accordance with the Texas Public Information Act, Chapter 552,
Government Code, at the Town of Trophy Club, Town Secretary’s Office, 100 Municipal
Drive, at any time during normal business hours. The Elections Administrator shall
ensure that the records are maintained in an orderly manner, so that records are clearly
identifiable and retrievable per records storage container.
Records of the election will be retained and disposed of in accordance with the
provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government
Code, including the minimum retention requirements established by the Texas State
Library and Archives Commission. If records of the election are involved in any pending
election contest, investigation, litigation, or Texas Public Information Act, the Elections
Administrator shall maintain the records until final resolution or until final judgment,
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whichever is applicable. It is the responsibility of any participating authority to bring to the
attention of the Elections Administrator any notice of any pending election contest,
investigation, litigation, or Texas Public Information Act request which may be filed with a
participating authority.
On the first business day which follows the date that the records of the election are
eligible for destruction, the Election Administrator will notify in writing each participating
authority of the planned destruction of any records of the election. Within fifteen (15)
days of receipt of the Election Administrator’s notice of intent to destroy the records, each
participating authority will provide the Election Administrator with written authorization to
proceed with destruction or written instructions to withhold destruction.
X. ELECTIONS EXPENSES
The participating authorities agree to equally sharing the costs of administering the
May 9, 2009, election. NISD agrees to remit to the Town of Trophy Club, no later than
March 13, 2009, a sum equal to 50% of the total estimated cost of election expenses.
Final election expenses will be determined within 30 days after the election, and the Town
will provide NISD with a final accounting. It is agreed that the remaining balance owed by
NISD will be remitted to the Town no later than thirty (30) days after receipt of the final
accounting.
XI. EARLY VOTING
Lisa Hennek, Town Secretary, will be appointed as early voting clerk in compliance
with Section 271.006 of the Texas Election Code. Other deputy early voting judges/clerks
will be appointed as needed to process early voting mail and to conduct early voting at
Trophy Club Town Hall.
Early voting by personal appearance will be conducted in accordance with the
election order of the participating authority (Exhibit A).
EARLY VOTING POLLING PLACE
TOWN OF TROPHY CLUB SVORE BUILDING
100 Municipal Drive
Trophy Club, Texas 76262
All requests for early voting ballots by mail that are received by participating
authorities will be delivered by the most efficient means on the day of receipt to the Town
of Trophy Club, Town Secretary’s Office, Town 100 Municipal Drive, Trophy Club, for
processing. Persons voting by mail will send their voted ballots to the Town of Trophy
Club, Town Secretary’s Office.
All early voting ballots will be prepared for counting by an Early Voting Ballot Board
appointed in accordance with Section 87.001 of the Texas Election Code.
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XII. CONTRACT WITHDRAWAL
Any participating authority that certifies their election in accordance with Section
2.051, 2.052, and 2.053 of the Texas Election Code, may withdraw from the joint election
contract. Any expenditures incurred prior to withdrawal shall be billed separately and that
contracting authority shall be removed from the contract. In the event of election
cancellation by the Town of Trophy Club, NISD agrees to conduct their election at their
own expense.
APPROVED BY THE TROPHY CLUB TOWN COUNCIL ON THIS THE 2nd DAY
OF FEBRUARY, 2009.
_______________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
ACCEPTED AND AGREED TO BY THE NORTHWEST INDEPENDENT SCHOOL
DISTRICT BOARD OF TRUSTEES ON THIS THE ________ DAY OF ___________,
2009.
APPROVED:
____________________________
Jeannette Leong, President
Northwest Independent School District
ATTEST:
_________________________________
Dr. Daryl Laney, Secretary
Northwest Independent School District
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.7
Discuss and take action regarding the Joint Election Agreement between
the To n, Municipal Utility District No. 1 and Municipal Utility District No. 2. w
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lh)
Attachments: 1. Agreement
75
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
TO CONDUCT A JOINT ELECTION
TO BE HELD ON May 9, 2009
This Joint Election Agreement is entered into this 2nd day of February 2009, by
and between the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No.
1, and Trophy Club Municipal Utility District No. 2, to conduct a Joint Election to be held
on May 9, 2009, in Trophy Club, Texas.
WITNESSETH:
WHEREAS, the Town of Trophy Club, Texas, Trophy Club Municipal Utility
District No. 1, and Trophy Club Municipal Utility District No. 2 desire to conduct an
election on May 9, 2009, for the purpose of consolidation; and
WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election
ordered by the authorities of two or more political subdivisions is to be held on the same
day in all or part of the same territory, the governing bodies of the political subdivisions
may enter into an agreement to hold the election jointly in the election precincts that can
be served by common polling places; and
WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the
Town of Trophy Club, Texas, the Trophy Club Municipal Utility District No. 1, and the
Trophy Club Municipal Utility District No. 2, mutually desire to enter into a Joint Election
Agreement for an election to be held on May 9, 2009.
NOW, THEREFORE, for and in consideration of the above and foregoing
premises, the benefits flowing to each of the parties hereto, and other good and
valuable consideration, the Town of Trophy Club, Texas, Trophy Club Municipal Utility
District No. 1, and Trophy Club Municipal Utility District No. 2 (the “Participants”) do
hereby agree as follows:
TERMS:
1. Administration: The Town Secretary of the Town of Trophy Club shall
coordinate, supervise and handle all aspects of administering the Joint Election. Such
duties shall include the preparation of election orders, resolutions, notices, ballots,
bilingual materials and any other pertinent election documents, in accordance with the
provisions of the Texas Election Code and as outlined in this Agreement. The Town
Secretary shall be responsible for any submission required by the Federal Voting Rights
Act of 1965, as amended, with regard to the administration of the Joint Election; any
76
other changes which require preclearance under the Federal Voting Rights Act of 1965,
as amended, shall be the responsibility of each of the individual Participants.
2. Location of Common Polling Places: The polling place for the Joint
Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club,
Texas.
3. Allocation of Election Expenses: The Participants agree to share all
costs of administering the May 9, 2009 Joint Election, including but not limited to all
costs incurred in preparing such Joint Election, based upon the following pro rata
portion:
Town of Trophy Club 34%
Trophy Club Municipal District No. 1 33%
Trophy Club Municipal District No. 2 33%
The cost of any special request which is not agreed upon by all Participants shall
be borne by that Participant in its entirety. In the event of a runoff election, the
Participant requiring the runoff shall be responsible for all costs associated with
administering such election.
4. Appointment and Compensation of Election Officers: The following
named individuals, residing at the respective addresses, are hereby appointed to serve
as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the
Election:
Presiding Election Judge
Pam Irwin
543 Indian Creek Drive
Trophy Club, TX 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Drive
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary
shall, in accordance with Section 32.009 of the Texas Election Code, deliver to the
Presiding Election Judge and the Alternate Presiding Election Judge, notice of their
appointment in accordance with law.
The Election Judge herein appointed shall appoint not less than two (2) nor more
than ten (10) qualified election clerks to serve and assist in the conduct of the Election,
provided, however, that if the Election Judge named herein actually serves, the
Alternate Election Judge shall serve as one of the clerks. All election clerks shall be
qualified voters of the Town.
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The Town of Trophy Club will be responsible for the appointment of the presiding
judge and alternate at polling location, and also for the appointment of the Early Voting
Ballot Board. It is agreed by the participating authorities to employ the number of
election clerks as the need determines, and that all election workers shall be paid $8.00
per hour. The election judges will be paid $10.00 per hour.
5. Early Voting: Early voting by personal appearance shall be conducted by the
Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal
Drive, Trophy Club, Texas. For the period early voting for the election is permitted by
law, the Early Voting Clerk shall keep such office open for Early Voting the following
days:
Monday, April 27 8a - 5p
Tuesday, April 28 7a - 7p
Wednesday, April 29 8a - 5p
Thursday, April 30 8a - 5p
Friday, May 1 8a - 5p
Saturday, May 2 8a - 12p
Monday, May 4 8a - 5p
Tuesday, May 5 7a - 7p
Early voting will not be conducted on any other Saturday, or on any Sunday or
official State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at
the same address not earlier than March 10, 2009 and not later than the close of regular
business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 1,
2009.
Early voting, both by personal appearance and by mail, shall be by use of electronic
system ballots, which ballots shall conform to the requirements of the Texas Election
Code, and in so doing shall permit the voters to vote for MUD1 and MUD2
Consolidation, and two (2) Town of Trophy Club Council Members for two (2) year
terms each, and one (1) Town of Trophy Club Mayor for a two (2) year term. No elector
shall vote for more than (2) Town of Trophy Club Council Members, and one (1) Town
of Trophy Club Mayor for a two (2) year term.
The Early ballots shall be canvassed by the Early Ballot Board, which is hereby
created. The Election Judge and the Alternate Election Judge appointed herein shall
serve as the Presiding officer and the alternate Presiding Officer, respectively, of the
Early Ballot Board. The other election officers serving at the Election shall serve as the
other members of the Early Ballot Board for the Election.
78
6. Ballots: The Town Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct the election. Voting at the Election
shall be by use of electronic system ballots. Preparation of the official ballots for the
Election shall conform to the requirements of the Texas Election Code, and in so doing
shall permit the voter to vote for MUD1 and MUD2 Consolidation, and two (2) Town of
Trophy Club Council Members for two (2) year terms each, and one (1) Town of Trophy
Club Mayor for a two (2) year term. No elector shall vote for more than (2) Town of
Trophy Club Council Members, and one (1) Town of Trophy Club Mayor for a two (2)
year term.
7. Maintenance of Election Forms and Records: Polling place forms and
records for Participants shall be maintained by the Town Secretary of the Town of
Trophy Club, Texas, as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each Participant, as well as to
the public in accordance with the Texas Public Information Act, Chapter 552, Texas
Government Code. All records shall be maintained in an orderly manner, so that
records are clearly identifiable and accessible.
Records of the election shall be retained and disposed of in accordance with the
provisions of Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local
Government Code, including the minimum retention requirements established by the
Texas State Library and Archives Commission. If records of the election are involved in
any pending election contest, investigation, litigation, or Texas Public Information Act
inquiries, the records shall be maintained until final resolution or judgment, regardless of
any other retention requirements. It is the responsibility of each Participant to notify the
Town Secretary of any pending contest, investigation, litigation, or Texas Public
Information Act inquiry. Any costs associated with the retention of records required
beyond eligibility for preservation shall be borne by the Participant requesting such
continued retention.
On the first business day following the date that the records of the election are
eligible for destruction, each Participant shall be notified in writing of the anticipated
destruction of such records. Each Participant shall provide written authorization to
proceed with or withhold the destruction of such records.
8. Canvassing: Each of the Participants hereto shall convene separately at
properly posted meetings in the time frame required by the Election Code and canvass
the results of their respective elections.
9. Runoff Election: In the event a runoff is necessary, this Agreement will
automatically be extended to cover the runoff, unless a Participant states in writing
immediately upon notice that a runoff election will be necessary that it does not want to
participate in a joint runoff.
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10. Term of Agreement. This Agreement shall be effective upon execution
by all Participants and may be terminated in accordance with Paragraph 9 by written
notice only pursuant to Paragraph 11 of this Agreement.
11. Notice: Whenever this Agreement requires any consent, approval, notice,
request or demand, it must be in writing to be effective and shall be delivered to all
Participants by certified mail, return receipt requested, and shall be properly addressed
as follows:
If to the Town of Trophy Club: If to Municipal Utility District No. 1:
Town of Trophy Club Trophy Club Municipal Utility District No. 1
Mayor President
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
If to Municipal Utility District No. 2:
Trophy Club Municipal Utility District No. 2
President
100 Municipal Drive
Trophy Club, Texas 76262
12. Authority to Execute Agreement: The undersigned officers and/or
agents of the parties hereto are the 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 or other act extending such
authority have been duly passed and are now in full force and effect.
13. Counterparts: This Agreement may be executed in any number of
counterparts and each shall be considered an original and collectively shall constitute
one agreement; but in making proof of this Agreement, it shall not be necessary to
produce or account for more than one such counterpart.
14. Entire Agreement: This Agreement represents the entire and integrated
agreement between the Participants and supersedes all prior negotiations,
representations and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by all Participants.
15. Hold Harmless: To the extent allowed by law, each Participant does
hereby agree to waive all claims against, release, and hold harmless each other
Participant and its respective officials, officers, agents, employees, in both their public
and private capacities, from any and all liability, claims, suits, demands, losses,
damages, attorneys fees, including all expenses of litigation or settlement, or causes of
action which may arise by, result from, or relate to the performance of this Agreement,
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including but not limited to injury to or death of any person or for loss of, damage to, or
loss of use of any property arising out of or in connection with this Agreement.
16. Severability: If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this contract are
for any reason held to be invalid, void or unenforceable, the remainder of the terms,
sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions
or any other part of this contract shall remain in full force and effect and shall in no way
be affected, impaired or invalidated.
IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal
District No. 1, and Trophy Club Municipal Utility District No. 2 have executed this
Agreement on the day and year first hereinabove set forth.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 1
By: By:
Nick Sanders Dean Henry
Mayor President
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 2
By:
James Budarf
President
Effective: February 2, 2009
ATTEST:
By:
Lisa Hennek
Town Secretary
APPROVED AS TO FORM:
By:______________________________
Patricia A. Adams
Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.8
Discuss and take appropriate action regarding Real Estate signs and their
placement, including potential amendments to Chapter 5, "General Land
Use," Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D,
"Real Estate Signs."
EXPLANATION:
This agenda item was placed on the agenda at the request of Council Member Edstrom.
As Trophy Club continues to grow there has been an increase in the number of real
estate (directional) signs placed along Trophy Club Drive. The purpose of this item is to
allow for a review of the regulations that are currently in place, and to make suggestions
on how our standards might be improved.
RECOMMENDATION:
There is no recommendation by staff at this time.
ACTION BY COUNCIL:
(bse)
Attachments: 1. Code of Ordinances, Chapter 5, Article IV, Section 4.05, D
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.9
Discuss and take appropriate action regarding Amendment No. 2 to the
Advance Funding Agreement for the Safe Routes To School Project
between the Town and the Texas Department of Transportation.
EXPLANATION:
This Amendment will modify Article 7, Environmental Assessment and Mitigation. The
original LPAFA states the LG would be responsible for this task; the amendment
assigns this responsibility to the State.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Letter from the Texas Department of Transportation
2. Amendment
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.10
Report on the Amenity Lakes, discuss and take appropriate action
regarding same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.C.11
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
1. 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 - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east
side and
conversations with TXDOT, and discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and take appropriate action regarding Real Estate signs and their
placement, including potential amendments to Chapter 5, "General Land
Use," Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D,
"Real Estate Signs." (Edstrom – 2008)
6. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
7. Discuss and take appropriate action regarding a Library Focus Group or other
plan for
exploring options and compiling data for a future library.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.D.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
A. Legal advice related to consolidation of the MUD1 and MUD2;
dissolution of MUD2; related ballot propositions and agreement with MUD2.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-2-2009
Subject: Agenda Item No.E.1
Adjourn.
(lh)
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