Agenda Packet TC 01/19/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, January 19, 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 Discuss and take appropriate action regarding a request for a Community Sign
Program and authorizing the Mayor or his designee to execute all necessary
documents. (Applicant: High Trophy Development, LLC., Represented by Alvin
Jackson, Director of Marketing and Sales).
B.2 Discuss and take appropriate action regarding an Interlocal Memorandum of
Understanding with the Texas Department of Public Safety for the use of office
space at the DPS building; and authorizing the Mayor or his designee to execute
necessary documents.
B.3 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 and action taken by the CRC members,
including receiving resignation of CRC members.
A. 13. Clarify Grounds for Recall
B. 16. Budget Process Enhancement
C 18. Code of Ethics and Conduct
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B.4 Discuss and take appropriate action regarding policies and procedures for
implementing a community wide survey program.
B.5 Update regarding consolidation plan for MUD1 and MUD2; Town dissolution of
MUD2, including financial considerations and providing Fire Services; discuss
and take appropriate action regarding same.
B.6 Discuss and take appropriate action regarding an Ordinance amending Section
8.03, entitled "Community Development Department", Subsection F, entitled
"Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the
Code of Ordinances, entitled Administration".
B.7 Items for Future Agenda.
C.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.
C.2 Discuss and take appropriate action relative to Executive Session Item Number
C.1.
D.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.A.2
Invocation.
Mayor Pro Tem Sterling will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
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."
Council member Strother will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.B.1
Discuss and take appropriate action regarding a request for a Community
Sign Program and authorizing the Mayor or his designee to execute all
necessary documents. (Applicant: High Trophy Development, LLC.,
Represented by Alvin Jackson, Director of Marketing and Sales).
PURPOSE
(1) To add seven (7) center median development signs to market The Highlands at
Trophy Club development and its amenities;
(2) To replace three (3) existing directional information center median wooden signs
in other areas of town. (Four (4) existing center median monument signs will
remain);
(3) To request one-year permits for temporary signage at several locations along
Trophy Club Drive within the Highlands at Trophy Club;
(4) To request financial assistance/programs from the Town of Trophy Club through
the Beautification Program or by other funding options to build the proposed
monuments for the Community Sign Program, as recommended by the Town of
Trophy Club.
APPLICANT: High Trophy Development, LLC
1221 E. I-35, Suite 200
Carrollton, TX 75006
Representative: Alvin Jackson
Director of Marketing and Sales
In June 2008, the Developer requested site locations to implement a community sign
program that would allow the developer to market The Highlands at Trophy Club, its
amenities and the entire community. At the July 7, 2008, Council meeting, Council
recommended submittal of a Community Sign Program that would market existing and
proposed site locations. The Council recommended several sign programs including
the monument sign program outlined below. The developer is providing a proposed
sign program that requires funding from the Town of Trophy Club.
The proposal outlined below will add seven (7) new monument signs in median site
locations along Trophy Club Drive in The Highlands at Trophy Club. The signs would
provide direction for current and future residents, providing aid in finding various
neighborhoods and amenities throughout The Highlands at Trophy Club.
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SEVEN (7) NEW SIGNS
As shown on Sheet S-2, the seven (7) new signs will be at the following locations:
Trophy Club Drive and Quorum Drive (an existing temporary wood sign would be
removed)
Trophy Club Drive and Durango Drive
Trophy Club Drive near Meadow Ridge Ridge
Trophy Club Drive, Entrance of Neighborhood 6
Trophy Club Drive, Entrance of Neighborhood 8
Trophy Club Drive, Additional Entrance of Neighborhood 8 (end of Trophy Club Drive)
Bobcat Blvd, East of Parkview Drive (Byron Nelson High School)
Each proposed development sign will be designed in accordance with the Town of
Trophy Club sign regulations. At Council’s request (from July 2008), the developer has
revised the Community Sign Program to resemble the structure of the existing LED
monument signage that will remain at the four locations noted below. The new
monument signs will not have LED capability.
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FOUR (4) EXISTING SIGNS THAT WILL REMAIN
Trophy Club Drive in Front of Financial Bank
Trophy Club Drive in Front of Fellowship United Methodist Church
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Trophy Lake Drive in Front of Walgreens
Trophy Wood Drive at Inverness
As shown on Sheet S-3 (below), the seven (7) new signs will have a stone veneer base
with a stone block edge and a stone veneer cap. The 12x12 stone veneer facing will
have raised cast metal channel letters with the Town Logo (approved by The Town of
Trophy Club) above the letters. The signs will have a finished floor with concrete
footings on a lime subgrade.
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Sheet S-7 (below) shows examples of the content of each sign. The content is
preliminary and subject to change pending Town of Trophy Club final approval.
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REPLACE THREE (3) EXISTING MEDIAN WOODEN SIGNS
The developer has included in this program a proposal to remove three existing wooden
signs upon approved funding from The Town of Trophy Club. The proposed sign
replacements will be marquee monument signs. The three signs are located:
On Trophy Club Coming Up to Intersection of Indian Creek Drive
Indian Creek Drive at Skyline
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Trophy Wood Drive at Pin Oak
The above three wooden signs are proposed to be replaced by monuments signs as
indicated on Sheet S-6 (below):
While this program is being created, the Developer requests one-year permits for
temporary signage at several locations along Trophy Club Drive. The wooden signs
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would be similar to the temporary ground sign currently located in the center median on
Trophy Club Drive between the Trophy Club Country Club Tennis Courts and the
Church of Trophy Lakes which Council approved on July 7, 2008. A permit was issued
on July 21, 2008. The existing face of the sign is 4-ft. high x 3-ft. wide which is difficult to
read when driving past. For easier reading capability, permission is requested to
increase the face of the temporary sign(s) to 4-ft. by 6-ft.
Examples of the existing sign are below:
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SUMMARY
The applicant requests direction and permission from the Council for a Community Sign
Program:
1. To add seven (7) center median development signs to market The Highlands at
Trophy Club development and its amenities;
2. To replace three (3) existing directional information center median wooden signs in
other areas of town. (Four (4) existing center median monument signs will remain);
3. To request one-year permits for temporary signage at several locations along
Trophy Club Drive within the Highlands at Trophy Club;
4. To request financial assistance/programs from the Town of Trophy Club through the
Beautification Program or by other funding options to build the proposed monuments
for the Community Sign Program, as recommended by the Town of Trophy Club.
Attachments:
Letter of Request from June 2008
Sheets S-1 to S-7
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June 24, 2008
Mr. Brandon Emmons
Town Manager-Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Community Sign Program Proposal for Trophy Club Drive
Dear Mr. Emmons,
High Trophy Development, LLC. known as the “Developer,” for the Highlands at Trophy
Club would like to request the opportunity to implement a permanent “Community Sign”
sign program that would include various key median site locations along Trophy Club
Drive.
The Community Sign program will provide marketing for various builders and amenities
to future residences for the Highlands at Trophy Club and Turnberry Addition. The first
proposed Community Sign will be located at the south portion of the thoroughfare
median located at the 800 block of Trophy Club Drive which is situated between the
Church @ Trophy Lakes and the Trophy Club Tennis Center. As the phases and
thoroughfare improvements near completion, The Developer will propose additional
median site locations near various model home locations and along the completed Hwy
377 thoroughfare plan south of the new Byron Nelson High School. The Community
Sign program will be updated occasionally to provide directions through the new
development for a period not to exceed 84 months (December 31, 2015) or until the
final home sale in the Highlands at Trophy Club and Turnberry Additions, which ever
comes first.
Attached with this letter is a copy of the site plan we would like the Town of Trophy Club
to approve. By granting the Developer the right to install the permanent community
sign, the Developer, would perform obligations set forth by all local and state regulated
municipalities for the proper establishment of these site(s) including but not limited to
the following: (i) permits, (ii) fees, and (iii) maintenance. At anytime, if the Community
Sign(s) are damaged, the Developer will re-install a community sign of the same
standards as approved by the Town of Trophy Club. After 84 months, the Developer
will remove the sign program under written notice by the Town of Trophy Club. Any
sections/locations that will be damaged when we remove the Community Sign will be
resodded to the similar standards prior to the establishment of the site.
Sincerely,
______________________
Alvin J. Jackson, Jr.
Marketing/Sales
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High Trophy Development, LLC.
If you are willing to accept these terms outlined above and approve the site plan
included herein, please have an authorized representative indicate so by signing below.
Town of Trophy Club
By: ___________________________
Printed Name: ___________________________
Date: ___________________________
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.B.2
Discuss and take appropriate action regarding an Interlocal Memorandum
of Understanding with the Texas Department of Public Safety for the use of
office space at the DPS building; and authorizing the Mayor or his designee
to execute necessary documents.
EXPLANATION:
This is an annual agreement for renewal.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.Interlocal Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”), is entered into as of the 19th day of January, 2009 by and
between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy Club, TX
76262, and the Texas Department of Public Safety (“DPS”).
Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently utilized
by the Trophy Club Police Department; and
Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas
Department of Public Safety; and
Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy
Club Police Department building will provide added law enforcement visibility within the Town which will
be beneficial to the public and desires to enter into an agreement to authorize such use; and
Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental
purpose and is beneficial to the general health, safety and welfare of the public.
Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the
parties hereto, it is understood and agreed by and between the parties to this MOU as follows:
This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that support
and/or audit the Texas Department of Public Safety, to access and/or use Office Space as designated for
such as by the Chief of Police, located at 100 Municipal Drive, in Trophy Club, Texas, including the rights
of ingress and egress to the office space and the right to use common areas such as bathroom facilities
and parking space, to the extent such common areas are not part of the actual office space (‘Office
Space”).
1. OWNER’S RESPONSIBILITIES
1.1.1. Providing the Texas Department of Public Safety with the means to access the Office
Space, such as the keys and any access codes necessary to enter the Office Space.
2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES
2.1.1. Cleaning the Office Space, excluding any common areas.
2.1 .2. Providing the necessary furniture and office equipment for the Office Space, excluding
any common areas. DPS shall provide all office supplies necessary for DPS operations.
3. Consideration:
As consideration for the use the Office Space, DPS will provide valuable training and expertise on
the investigation of motor vehicle accidents to the Trophy Club Police Department.
4. TERMS AND CONDITIONS
4.1. Term: The term of this MOU shall be for a period of one (1) year, commencing on the
21st day of January 2008, and terminating on the 20th day of January, 2009. The parties
have the option to renew this MOU for 5 (five) additional terms of 1 (one) year each.
Either party may terminate this agreement upon at least thirty (30) days written notice.
4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title
or interest in the Office Space, except the right to use as detailed herein. However, this
MOU only authorizes the Texas Department of Public Safety to use the Office Space and
only imposes the responsibilities listed in Section #2 above.
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4.3. Venue: Exclusive venue for any dispute arising out of this MOU shall be Denton County,
Texas.
4.4. Choice of Law: This MOU shall be construed and governed by the laws of the State of
Texas.
4.5. Severability Clause: If one or more provisions of this MOU, or the application of any
provision to any party or circumstance, is held invalid, unenforceable, or illegal in any
respect, the remainder of this MOU and the application of the provision to other
circumstances shall remain valid and in full force and effect.
4.6. No liability for employees and officers: Each party to this MOU agrees that it shall
have no liability whatsoever for the actions and/or omissions of the other party’s
employees, officers or agents, regardless of where the individual’s actions and/or
omissions occurred. Each party is solely responsible for the actions and/or omissions of
its employees, officers and agents; however, such responsibility is only to the extent
required by Texas law and each party preserves all defenses and liability limitations
legally available to it. Where injury or property damage result from the joint or concurring
acts and/or omissions of the parties, any liability shall be shared by each party in
accordance with the applicable Texas law, subject to all defenses, including
governmental immunity and liability limitations legally available. These provisions are
solely for the benefit of the parties hereto and not for the benefit of any person or entity
not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses
available by law. Notwithstanding the foregoing, each third party law enforcement agency
or entity providing peace officers or personnel to assist the Texas Department of Public
Safety remain liable for the actions of its respective employees. These provisions are
solely for the benefit of the parties and not for the benefit of any person or entity not a
party to this MOU; nor shall any provision hereof be deemed a waiver of any defenses
available by law.
4.7. Non-assignment: Neither party may assign or transfer this MOU or any interest in this
MOU without the written consent of the other party.
4.8. Modifications or amendments: No modification or amendment to this MOU shall
become effective unless in writing, signed by both parties, and approved by governing
bodies as required by law.
4.9. Non-incorporation: This MOU embodies the entire agreement between the parties.
There are no oral covenants, agreements, representations, warranties or restrictions
between the parties regarding the Office Space.
4.10. Authority: Any individual signing this MOU on behalf of an entity represents and
warrants that he has full authority to do so.
4.11. Notice/Contact: Any notice required or permitted under this MOU shall be directed to
the respective Parties at the addresses shown below and shall be deemed given: (1)
when delivered in hand and a receipt granted; (2) when received if sent by certified mail,
return receipt requested; or (3) when received if sent by confirmed facsimile:
If to the Texas Department of Public Safety:
Captain Michael Lathan
350 West IH-30
Garland, Texas 75043
Office #: 214.861.2155
If to the Town of Trophy Club:
G. Scott Kniffen
Chief of Police
100 Municipal Drive
Trophy Club, TX 76262
Office # 682.831.4655
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Either of the parties may change its address or designated individual(s) to receive notices by
giving the other party written notice as provided above, specifying the new address and/or
individual and the date upon which it shall become effective.
The undersigned parties bind themselves to the faithful performance of this
MOU.
FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY
________________________
Authorized Signature
________________________
Title
________________________
Date
FOR THE TOWN OF TROPHY CLUB
________________________
Nick Sanders
Mayor of Trophy Club
________________________
Date
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.B.3
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 and action taken by the CRC
members, including receiving resignation of CRC members.
A. 13. Clarify Grounds for Recall
B. 16. Budget Process Enhancement
C 18. Code of Ethics and Conduct
EXPLANATION:
Staff was asked to revise the following Proposed Amendments for Council’s
Consideration:
13. Clarify Grounds for Recall
16. Budget Process Enhancement
18. Code of Ethics and Conduct
Staff’s recommendations for amendments to Budge Process Enhancement and Code of
Ethics and Conduct will be provided as a handout at the meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from Minutes dated January 5, 2009
2. CRC Draft Minutes dated January 9, 2009
3. January 9, 2009 Resignation
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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.
Staff to make recommendations to restrict the ease of permitting Pawn Shops in Town.
C.4 Discuss and take appropriate action regarding the 19 Proposed Charter Amendments
submitted by the Charter Review Commission for the May 2009 ballot.
Voting for directs staff to continue working ballot election:
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 Opossed: Sterling, Edstrom, Moss
6. Filling Vacancies
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
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Willing to move forward with clarifying and adding definitions on incompetency 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 PA as proposed.
For: Opposed: Unanimously
Willing to move forward with staff’s recommendation on a proposed amendment. Staff to
bring back at the next meeting.
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 at the next meeting)
For: Unanimous
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A.
GROUNDS FOR RECALL
DEFINITIONS ADDED:
6.01 Scope of Recall
Any elected Town official, whether elected to office by the qualified voters
of the Town or appointed by the Council to fill a vacancy, shall be subject
to recall and removal from office by the qualified voters of the Town on
any one or more of the following grounds: incompetency, misconduct,
malfeasance in office or who knowingly or intentionally violates any
provision of the Charter.
In this section:
A. “Incompetency” means (a) gross ignorance of official duties; or (b)
gross carelessness in the discharge of official duties; or (c) inability or
unfitness to promptly and properly discharge official duties because of a
serious mental or physical defect that did not exist at the time of the
officer’s election. The term is used in a sense that the Town official has
exceeded his or her authority by defying or overruling lawful actions done
by the Town Council.
B. “Official misconduct” means intentional unlawful behavior relating to
official duties by a Town Official entrusted with the administration of justice
or the execution of the law. The term includes an intentional or corrupt
failure, refusal, or neglect of a Town Official to perform a duty imposed on
the officer by law.
C. “Malfeasance” means the doing of an act by a Town Official through
ignorance, inattention, or malice, which act the official had no legal right or
authority to do, or which act exceeds or abuses the official’s rightful
authority or powers; or the failure to do an act which the Town Official had
a legal duty to do.
6.03 Form of Recall and Oath.
The recall petition must be addressed to the Council, must distinctly and
specifically state the ground or grounds upon which such petition for
removal is predicated in order to sufficiently provide notice of the matter
with which the Officer is charged and, if there be more than one (1) ground
specified, such petition shall specifically state each ground with such
certainty as to give the Officer sought to be removed notice of the matters
and things with which he is charged on each ground. The signature shall
be verified by oath in the following form:
STATE OF TEXAS §
COUNTY OF ____________§
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I, _____________________, being first duly sworn, on oath depose and
say that I am one of the signers of the above petition and that each
signature appearing thereto was made in my presence on the day and
date it purports to have been made, and I solemnly swear that the same is
the genuine signature of the person whose name it purports to be.
____________________________________
Subscribed and sworn to before me this ________ day of
________________, 19__.
____________________________________
Notary Public, __________County, Texas
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B.
Budget Process Enhancement
A handout will be provided at the meeting.
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C.
Code of Ethics and Conduct
A handout will be provided at the meeting.
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CRC DRAFT MINUTES
Dated January 9, 2009
Location: Lake Cities Church
A quorum was announced and the meeting was called to order at 5:30 pm.
Attendees: Commissioners Bill Rose, Joel Quile, Roger Williams, Bob Downey, Scott Briggs, Melissa
Klauss, Richard Hobday, Larry Crosser and Ben Brewster.
Guests: Steven Kohs, Greg Lamont, Margi Cantrell, and Mayor Nick Sanders.
Citizen Presentations: First Speaker- Ms. Margi Cantrell, Complimented the Commission on the quality
of its workproduct and noted her disappointment that the Council (Council meeting of 1/05/09) did not
agree to pass all 19 amendments to the voters for a decision on the May 09 ballot. Ms. Cantrell also
recommended that the Commission reconsider adding term limits for the Town's elected officials. She
noted that incumbents have an advantage and that term limits would give more residents an opportunity
for leadership roles in our town. Second Speaker- Mr. Steven Kohs, noted his disappointment by how the
Council reacted to the recommended amendments and echoed Ms. Cantrell's recommendation that term
limits should be added to the list of amendments. He believes that the amendments should have been
passed to the May election ballot and that the voters in Trophy Club should have the right to decide how
the Town Charter is amended. Third Speaker- Mr. Greg Lamont, echoed the statements of previous
speakers, recommending the addition of term limits to the amendment package and allowing Trophy Club
residents/voters to decide the fate of the amendments. Fourth Speaker- Mr. Skip Scoggins, was strongly
in favor of allowing Trophy Club's voters to decide whether amendments should be adopted and added to
the Town's charter.
Agenda Item B1: Consent Agenda for minutes from the 1/05/09 CRC Meeting. Vote was unanimous for
approval with Ms. Klauss abstaining.
Agenda Item C1: CRC related items from Council meeting on 1/05/09. Commissioner Joel Quile noted
the support that Councilmember Kathleen Wilson has given to the CRC and that she attended several
meetings, offered several ideas for the Commission's consideration and to date had supported passing all
the amendments to the voters for a decision.
Commissioner Williams noted that the CRC's work is completed and recommended that the members of
the Commission resign. Mr. Williams moved that all members resign and that a letter of resignation be
submitted to the town. Commissioner Crosser seconded. During discussion, Chairman Rose responded
to a resident's question about how all 19 amendments could be placed on the May ballot. He explained
that via a petition, qualified voters could force all 19 amendments to be placed on the May ballot or that
the Council could be required to call a special election. He noted that using a scheduled election would be
the least expensive method for presenting this matter to the voters. The vote was unanimous to resign. A
letter of resignation was signed by all the Commissioners and presented to Mayor Sanders.
Commissioner Downey moved to adjourn and Commissioner Williams seconded. Vote was unanimous to
adjourn at 6:15 pm.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.B.4
Discuss and take appropriate action regarding policies and procedures for
implementing a community wide survey program.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from Minutes dated December 15, 2008
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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 different surveying tools that
would provide a more secure and accurate mechanism than our current system. Staff found an online
survey 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’s 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
asked 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.
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.B.5
Update regarding consolidation plan for MUD1 and MUD2; Town
dissolution of MUD2, including financial considerations and providing Fire
Services; 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: 1-19-2009
Subject: Agenda Item No.B.6
Discuss and take appropriate action regarding an Ordinance amending
Section 8.03, entitled "Community Development Department", Subsection
F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of
Chapter 1 of the Code of Ordinances, entitled Administration".
EXPLANATION:
This Ordinance will allow a registration fee for Licensed Irrigators.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, SECTION 8.03,
ENTITLED “COMMUNITY DEVELOPMENT
DEPARTMENT”, SUB-SECTION F ENTITLED
“CONTRACTOR REGISTRATION” BY ADDING A
REGISTRATION FEE FOR IRRIGATORS; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AN AMENDMENT; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY NOT LESS
THAN ONE DOLLAR ($1.00) AND NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, the Town requires certain contractors providing services within its
boundaries to register their names and business information with the Town so that the
Town is aware of contractors providing services within its boundaries and requires such
contractors to pay a fee to cover the costs of that registration; and
WHEREAS, it was determined that there is a need to add Irrigators to the list of
contractors that should be registered with the Town; and
WHEREAS, the Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town, and based upon
those costs, the Town has determined the amount of fee that reasonably covers the
costs for registration of Irrigators; and
WHEREAS, the Town has determined that the amount of fee imposed for the
registration of Irrigators is reasonable, covers administrative costs of registration of such
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contractors and is necessary to protect the health, safety and welfare of its residents
receiving services from such contractors;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration”
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03, entitled
“Community Development Department”, Subsection F, entitled “Contractor
Registration” is hereby amended to add a fee for the registration of ”Licensed
Irrigators” so that Section 8.03(F) shall be and read in its entirety as follows:
F. Contractor Registration
Master Electrician $125.00
HVAC $125.00
Fire Protection $125.00
Irrigation $125.00
Master Plumber $125.00
Backflow Testing $75.00
All Registration Renewals $50.00
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Schedule of Fees and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
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If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to recklessly violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this
Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more
than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 19th day of January, 2009.
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
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[SEAL]
_______________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.B.7
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."
6. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
7. 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.
8. 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: 1-19-2009
Subject: Agenda Item No.C.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.C.2
Discuss and take appropriate action relative to Executive Session Item
Number C.1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-19-2009
Subject: Agenda Item No.D.1
Adjourn.
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