Agenda Packet TC 03/02/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 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. January 2009
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
February 16, 2009.
B.3 Consent Agenda: Discuss and take appropriate action regarding an Ordinance
repealing Article VIII entitled "Tree Preservation and Removal," of Chapter 12
entitled "Subdivision Rules and Regulations," of the Code of Ordinances, in its
entirety and adopting a new Article VIII entitled "Tree Preservation and
Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," in order
to add two additional seats to the Tree Board and to make changes to definitions
and related provisions throughout Article VIII. (Ord. 2009-04)
C.1 Discuss and take appropriate action regarding a request for Temporary Use
Community Garage Sale Permits granted by Special Privilege (2009). Applicant:
Mellany Gibbon, Co-Chairperson, Trophy Club Women's Club
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C.2 Discussion and Appropriate Action Regarding a Request for Approval of a
Temporary Use 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: Bill Durham, Gallery Custom Homes.
C.3 Discuss and take appropriate action regarding the Citizen of the Year Committee.
A. Each Council Member and the Mayor to select one nominee to serve on the
Committee.
C.4 Discuss and take appropriate action regarding Citizen Contact Report for 2008.
C.5 Report by Police Chief Kniffen regarding crime rates in Trophy Club; discuss and
take appropriate action regarding same.
C.6 Discuss and take appropriate action regarding the date for the second regular
Town Council meeting in March.
C.7 Receive the Consolidation Task Force Final Report; discuss and take appropriate
action regarding same.
C.8 Discuss and take appropriate action approving an Ordinance making applicable
state law authorizing dissolution of MUD2, and the Town to succeed to the
powers duties, assets and obligations of MUD2, as authorized by state law,
including without limitation the Texas Local Government Code, and establishing
a date for the assumption of powers, duties, assets and obligations of MUD2 by
the Town contingent upon a favorable vote at the May, 2009 election. (Ordinance
will be provided at the meeting.) (Ord. 2009-05)
A. Discuss and take appropriate action to voluntarily submit the MUD2 dissolution
Ordinance to popular vote at the May, 2009 election.
Dialogar y tomar la acción apropiada para aprobar una Ordenanza en la que se permite
aplicar la ley estatal que autoriza la disolución de MUD2, y que el Poblado
consiga tener los poderes, deberes, bienes y obligaciones de MUD2, de acuerdo
a lo que autoriza la ley estatal, incluyendo sin limitaciones al Código de Gobierno
Local de Texas y, estableciendo una fecha para la asunción de los poderes,
deberes, bienes y obligaciones de MUD2 por parte del Poblado, condicionado a
un voto favorable en la elección de mayo de 2009. (La Ordenanza será
proporcionada en la junta.) (Ord. 2009-05)
A. Dialogar y tomar la acción apropiada para someter al voto popular, de forma
voluntaria, en la elección de mayo de 2009, la ordenanza de disolución de
MUD2.
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C.9 Discuss and take appropriate action regarding an Ordinance ordering and calling
a Joint General and Joint Special Election between the Town, NISD, MUD1 and
MUD2 on May 9, 2009; ordering and calling a General Election for the purpose of
electing a Mayor and two Council Members for two year terms; ordering and
calling a Special Election on a measure to determine whether qualified voters of
the Town approve the exchange of a 0.11 acre tract of land owned by the Town
which is part of Harmony Park for a 0.18 acre tract of land owned by a private
party and adjacent to Harmony Park; ordering and calling a Special Election for
referred Ordinance No. 2009-05 abolishing MUD2 and submitted to binding
referendum by the Town Council pursuant to the Town Charter; ordering and
calling a Special Election on various amendments to the Town's Home Rule
Charter. (Ordinance will be provided at the meeting.) (Ord. 2009-06)
Dialogar y tomar la acción apropiada con respecto a una Ordenanza en la que se
ordena una Elección Conjunta General y una Elección Conjunta Especial y se
hace un llamado a las mismas, que serán entre el Poblado, NISD, MUD1 y
MUD2, el 9 de mayo de 2009; ordenando y llamando a una Elección General
con el propósito de elegir un Alcalde y dos Miembros del Concilio por periodos
de dos años; ordenando una Elección Especial y llamando a la misma, referente
a una medida para determinar si los votantes calificados del Poblado aprueban
el cambio de una extensión de terreno de 0.11 de acre que es propiedad del
Poblado, y que es parte del Harmony Park, por una extensión de terreno de 0.18
de acre, que es propiedad de un particular y que está adyacente a Harmony
Park; ordenando una Elección Especial y llamando a la misma con referencia a
la Ordenanza No. 2009-05, aboliendo a MUD2 y sometido a un referéndum de
cumplimiento obligatorio por parte del Concilio del Poblado, en cumplimiento
con la Carta Constitucional del Poblado; ordenando una Elección Especial y
haciendo un llamado a la misma, acerca de varias enmiendas a la Carta
Constitucional de Autonomía del Poblado. La Ordenanza será proporcionada en
la junta.) (Ord. 2009-06)
C.10 Discuss and take appropriate action regarding forming a Ways & Means
Committee to report directly to the Council and provide direction to staff
regarding amending appointment Resolution, Handbook, and related documents.
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", Council to convene into
executive session to discuss the following:
A. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility
District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of
Denton County, Texas, including proposed Agreed Order and Interlocal
Agreement;
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B. Legal advice related to the consolidation of MUD1 and MUD2, dissolution of MUD2
and related ballot propositions;
C. Legal advice related to the May, 2009 election, ballot, and propositions.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D.1.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
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: 3-2-2009
Subject: Agenda Item No.A.2
Invocation.
Council member Wilson will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
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."
Council member Moss will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
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: 3-2-2009
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. January 2009
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. The Variance Report will be sent out under separate copy.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 16, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.Minutes dated February 16, 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, February 16, 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, February 16, 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
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
Scott Kniffen Police Chief
A.1 Mayor Sanders called to order and announced a quorum at 7:00 p.m.
A.2 Police Chief Kniffen offered the Invocation.
A.3 Police Commander Delk led the Pledges.
A.4 Citizen Presentations:
No citizens addressed Council.
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A.5 Discuss and take appropriate action regarding a Proclamation of Fair
Campaign Practices for the May 9, 2009 Election.
Motion made by Edstrom, seconded by Wilson to approve a Proclamation of Fair
Campaign Practices for the May 9, 2009 Election.
Mayor Sanders read the Proclamation.
Motion passed unanimously without any discussion.
A.6 Presentation of awards by Police Chief Kniffen.
Police Chief Kniffen presented the following awards:
Community Service - Officer Kyle Meeks
Police Commendation - Officers Edward Beetler and Jason Schmidt
Meritorious Conduct - Commander Lee Delk, Sergeant Wes Tyler, Officers James
Norcross, Keith Burris and Scott Voigt
Officer of the Year - Officer Jeff Rocha
The following awards were noted but not presented at the meeting:
Basic Peace Officer –Officers Keith Burris, Paul Bury, Kyle Meeks, Jeff Rocha, Jason
Schmidt, Barry Sullivan and Adam Watkins
Intermediate Peace Officer –Officers Kyle Meeks, James Norcross and Edward Beetler
Military Service Award – Officer Edward Beetler
Bicycle Officer –Officers Edward Beetler and Jeff Rocha
School Resource Officer – Keith Burris
Good Conduct (requires 3 yrs with no discipline) – Officers Keith Burris, Mike Conklin,
James Norcross, Boyd Raburn, Jeff Rocha, Jason Schmidt and Scott Voigt, Sergeant
Wes Tyler and Commander Delk
Instructor – Officer James Norcross
EMS – Officer James Norcross
Accident Investigator – Officer James Norcross
Training Officer – Officer James Norcross
Field Training Officer – Officer Jeff Rocha
Patriotism – The entire Police Force
B.1 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. December 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 8, 2008.
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B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 19, 2009.
Motion made by Edstrom, seconded by Sterling to approve the Consent Agenda Items
B.1 – B.3.
Motion passed without any discussion.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action on matters related to Cause No. 2009-
40021-362, Trophy Club Municipal Utility District No. 2 v. Town of Trophy
Club, Texas, pending in the 362nd District Court of Denton County, Texas,
including the following:
A. Proposed Agreed Court Order between MUD2 and the Town.
B. Proposed Interlocal Agreement between MUD2 and the Town.
Mayor Sanders advised the Council that the document handed out contained the
revisions made by the MUDs.
Council member Edstrom requested that the Council convene into Executive Session
for Legal Advise under Item D.1. A.
Mayor Sanders read the following:
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551,
Section 551.071 (1) and (2) "Consultation with Attorney", Council to convene into
executive session to discuss the following:
A. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal
Utility District No. 2 v. Town of Trophy Club, pending in the 362nd District
Court of Denton County, Texas, including proposed Agreed Order and
Interlocal Agreement;
Council convened into Executive Session at 7:20 P.M.
Council reconvened into Regular Session at 8:06 P.M.
Mayor Sanders stated that the Council needs to discuss the Proposed Interlocal
Agreement first.
Town Attorney Adams expressed concern that inconsistent election results were likely
based on the current language in the Interlocal Agreements. Adams said one option
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was to add wording to the effect that whichever proposition wins with the majority of
votes, wins. However, Bond Counsel was not comfortable with this option.
Council Edstrom understands that revisions are necessary in order for the Charter to be
in compliance.
Town Attorney Adams explained the proposed methodology. Adams advised that
based on the Temporary Restraining Order(TRO), Adams and MUD2 Attorney Liston
have discussed a Rule 12 Agreement, considering Council cannot take official action.
The Rule 12 allows Council work on negotiations of this agreement without violating the
TRO.
MUD2 Director, Jim Thomas, 7 Meadowbrook Lane - Understood the Agreement
statedif both issues pass, the MUD Consolidation invalidates the Town’s proposition, or
if the MUDs’ Consolidation proposition fails and the Town’s passes, the Town wins.
Peggy Sweeney, 51 Meadowbrook Lane – Said that she is not as concerned with an
increase in her taxes as she is with the amount of money being spent in Legal fees.
Master District Chair Connie White, 119 Trophy Club Drive - Proposed that only the
consolidation election for the MUDs occur in May. If the consolidation fails, the Town
can address in another election.
Motion made by Edstrom, seconded by Strother directing Town Attorney to make the
appropriate amendments to the Interlocal Agreement; first using the correct mechanism
based on State Statutes, provided upon the majority of votes provided by a referred
referendum, and a mechanism within the Interlocal Agreement defining how the Election
wins by number of votes.
Mayor Sanders clarified the motion directing Town Attorney Adams to make the
appropriate amendments to the Interlocal Agreement; seeking State Statute and the
Charter to conduct a referred referendum and that the potential inconsistent election
results be solved with language for majority of votes received.
The Mover amended her motion to include that the same amendments also be made in
the Agreed Court Order, the second agreed.
Mayor Pro Tem Sterling said that Council kept hearing what the best option was from
the same people who filed the TRO. Sterling suggested MUD2 call off the TRO and let
the Council take action. Sterling felt that the TRO needed to be handled first; prior to
negotiations of the two agreements.
Council member Wilson agreed with Master District Chair White that a clean election is
the better option. Wilson said that Council invited this fight.
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Mayor Sanders called the meeting to order and stated that he allowed Mayor Pro Tem
Sterling and Council member Wilson to deviate from the discussion but would not allow
additional off topics comments.
Motion passed 3:2, with Sterling and Wilson opposed.
C.2 Discuss and take appropriate action regarding options for consolidation
and/or absorption of MUD2 as related to Consolidation Task Force
discussions.
Town Manager Emmons stated the Consolidation Committee was currently looking at
how the Town would pay the debt obligations should they absorb MUD2 and explained
the options of either using a fee or water rate in MUD2 or spread the debt around to
both MUD1 and MUD2.
Council discussed the options presented by Town Manager Emmons.
MUD2 Director Thomas said that the simple way to look at the issue was by comparing
it to removing Solana from MUD1. A MUD1 resident could be looking at a 12 cent
increase.
Mayor Sanders reminded the group that they were discussing direction to Town
Manager Emmons and not debating whether or not to consolidate.
Chuck Hall, 4 Shady Oaks Court – As a resident of MUD1 did not feel it was fair that
they be saddled with MUD2 debt.
Council member Wilson clarified that Town Manager Emmons’ option of a fee or water
rate in MUD2 would make the Town’s absorption of MUD2 a wash.
Motion made by Moss, seconded by Sterling to pursue the option of a fee or water rate
in MUD2.
Town Manager Emmons said his preference would be a combination of using all of the
other things to reduce the cost significantly and then use the fee/water rate.
Mayor Pro Tem Sterling agreed with Emmons stating this would be a more fair
approach, but questioned whether it was and accurate “apples to apples” comparison.
Motion passed 3:2, with Strother and Edstrom opposed.
Council took a 7 minute recess and reconvened into Session at 9:35 P.M.
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C.3 Certification of sufficiency for Citizen Petition for Charter Amendments;
Council to discuss and provide direction regarding items on the May, 2009
ballot and election ordinance.
Motion made by Sterling, seconded by Wilson to accept the petition.
Motion passed unanimously without any discussion.
Town Attorney Adams stated that the Council approved 11 amendments and the
Petition submitted 19 amendments. Adams will present the major differences for
Council to discuss at their next meeting..
C.4 Discuss and take appropriate action regarding award of bid for Paving and
Drainage Improvements for Bobcat Blvd to Glenn Thurman, rejecting all
other bids, authorizing the Town Manager to enter into a contract not to
exceed $2,681,413.09 for the project and to execute all necessary
documents.
Motion made by Edstrom, seconded by Wilson to award of bid for Paving and Drainage
Improvements for Bobcat Blvd to Glenn Thurman, rejecting all other bids, authorizing
the Town Manager to enter into a contract not to exceed $2,681,413.09 for the project
and to execute all necessary documents.
Town Manager Emmons said the next step was to secure the funds from Denton
County, Roanoke and NISD. Emmons had verbal confirmation from all three regarding
the funds.
Council member Strother commented that Thurman had constructed most of the PID
construction and had done a great job.
Motion passed without any discussion.
C.5 Discuss and take appropriate action regarding award of bid for Water
System Improvements for Bobcat Blvd. Water Distribution Line to H2M
Utility, rejecting all other bids, authorizing the Town Manager to enter into a
contract not to exceed $108,361.00 for the project and to execute all
necessary documents.
Motion made by Edstrom, seconded by Sterling to award of bid for Water System
Improvements for Bobcat Blvd. Water Distribution Line to H2M Utility, rejecting all other
bids, authorizing the Town Manager to enter into a contract not to exceed $108,361.00
for the project and to execute all necessary documents.
Motion passed without any discussion.
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C.6 Discuss and take appropriate action regarding a Resolution supporting the
implementation of Rail North Texas in the Dallas-Fort Worth region.
Mayor Sanders explained the handout was used by Denton County and stated the
name had been changed to the Local Option Transportation Act. Sanders provided a
brief history of the Resolution and the Local Option Transportation Act.
Motion made by Strother, seconded by Edstrom to approve a Resolution supporting the
implementation Local Option Transportation Act.
Mayor Pro Tem Sterling thanked Mayor Sanders for attending all of the transportation
meetings, however Sterling still did not think this was a viable option in Trophy Club.
Motion passed 4:1, with Sterling opposing.
C.7 Discuss and take appropriate action to repeal Resolution No. 2005-31
regarding Town support of the America Supporting Americans (ASA)
Program and to adopt a new Resolution in support of the ASA Program and
designating a person to serve as liaison between the Town and ASA.
Deandra Pugh, 2 Chimney Rock was willing to serve but will find the right people to
serve, as it was a viable program.
Motion made by Edstrom, seconded by Strother to repeal Resolution No. 2005-31
regarding Town support of the America Supporting Americans (ASA) Program and to
adopt a new Resolution in support of the ASA Program and to post and solicit
volunteers and bring back to Council.
Motion passed unanimously without further discussion.
C.8 Discuss and take appropriate action regarding a Memorandum of
Understanding regarding the Joint Regional Municipalities between the
Town of Trophy Club, the Town of Westlake, the City of Roanoke and the
Northwest Independent School District.
Town Manager Emmons said this was a draft and is posted to get Council’s input.
Council member Edstrom made suggestions for revisions.
No action taken, discussion only.
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C.9 Discuss and take appropriate action regarding an Ordinance repealing
Section 12.07 entitled "1000' Safety Zone Map" of Article XII entitled
"Registered Sex Offenders" of Chapter 10 entitled "Public Safety" of the
Code of Ordinances and adopting a new map as Section 12.07 entitled
"1000' Safety Zone Map," of Article XII, of Chapter 10 of the Code of
Ordinances.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance repealing
Section 12.07 entitled "1000' Safety Zone Map" of Article XII entitled "Registered Sex
Offenders" of Chapter 10 entitled "Public Safety" of the Code of Ordinances and
adopting a new map as Section 12.07 entitled "1000' Safety Zone Map," of Article XII, of
Chapter 10 of the Code of Ordinances.
Motion passed without any discussion.
C.10 Discuss and take appropriate action regarding an Ordinance repealing
Article VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled
"Subdivision Rules and Regulations," of the Code of Ordinances, in its
entirety and adopting a new Article VIII entitled "Tree Preservation and
Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," in
order to add two additional seats to the Tree Board and to make changes to
definitions and related provisions throughout Article VIII.
Motion made by Edstrom, seconded by Moss to approve an Ordinance repealing Article
VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules
and Regulations," of the Code of Ordinances, in its entirety and adopting a new Article
VIII entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules
and Regulations," in order to add two additional seats to the Tree Board and to make
changes to definitions and related provisions throughout Article VIII.
Town Manager Emmons explained that the current code showed the Community
Developer Director responsible for all tree decisions. The amendment replaces the
Community Development Director with the Town Manager or his designee.
Tree Board Chair, Deandra Pugh, 2 Chimney Rock Drive – Spoke in favor of the
Amendment.
Council noticed that the Ordinance shifted the responsibility from the Community
Development Director to the Parks and Recreation Director in some sections and to the
Town Manager or his designee in others. Council requested that all references be
changed to the Town Manager or his designee and for the Ordinance to come back on
the Consent Agenda.
Motion passed without any discussion.
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C.11 Discuss and take appropriate action regarding a Library Focus Group or
other plan for exploring options and compiling data for a future library.
Council member Wilson gave an update.
Council member Edstrom suggested prior to surveying the citizens a group first look at
the cost feasibility and determine how a Library fits into the 5 year plan. Council
member Wilson stated that she was not the one who had added this to the Agenda for
an update.
This Item will not be brought back to Council until directed by Council member Wilson or
Town Manager Emmons.
C.12 Receive a progress report on the Highlands of Trophy Club Public
Improvement District #1, discussion and appropriate action regarding
same.
Town Manager Emmons gave a progress report on the Highlands of Trophy Club Public
Improvement District #1. Emmons spoke to the PID Funded Projects, the completed
projects and projects currently under construction and pending construction.
No action taken, report only.
C.13 Items for Future Agenda.
On February 11, 2009 Council member Moss requested the following item be added to
the March 2, 2009 meeting: Consider forming a Ways & Means Committee to report
directly to the Council.
The following was added under Item C.7, Discuss and take appropriate action
designating a person to serve as liaison between the Town and ASA Program.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session under Item C.1 for Legal Advise under Item
D.1. A. Council did not reconvene into Executive Session regarding D.1.B or C.
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", Council to convene into
executive session to discuss the following:
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A. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including proposed
Agreed Order and Interlocal Agreement;
B. Legal advice related to the consolidation of MUD1 and MUD2,
dissolution of MUD2 and related ballot propositions;
C. Legal advice related to the May, 2009 election, ballot, and propositions.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item
Number D1.
No action taken.
E.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 10:55
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: 3-2-2009
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action regarding an
Ordinance repealing Article VIII entitled "Tree Preservation and Removal,"
of Chapter 12 entitled "Subdivision Rules and Regulations," of the Code of
Ordinances, in its entirety and adopting a new Article VIII entitled "Tree
Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and
Regulations," in order to add two additional seats to the Tree Board and to
make changes to definitions and related provisions throughout Article VIII.
(Ord. 2009-04)
EXPLANATION:
The amendments to this ordinance accomplish two objectives, one being to
expand the Tree Board membership from five seats to seven as requested by the
Board and the other to replace the position of the Community Development
Director with the position of the Parks& Recreation Director as the Community
Development Director is not an existing position within the Town.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding a request for Temporary Use
Community Garage Sale Permits granted by Special Privilege (2009).
Applicant: Mellany Gibbon, Co-Chairperson, Trophy Club Women's Club
STAFF COMMENTS:
On behalf of the Trophy Club Women’s Club, Ms. Gibbon is requesting
permission to hold two community-wide garage sale events in Trophy Club in
2009.
The spring garage sale will be held Saturday, April 18, 2009 and the fall sale will occur
Saturday, October 10. For each event, no alternate rain day is planned.
Chief Kniffen has reviewed and given DPS approval as noted on the attached
application.
The Women’s Club requests waiver of the $25 per event fee.
PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 19,
2009, the Planning and Zoning Commission heard the above item and made a motion
to recommend Town Council approval of this request.
Motion: Commissioner Sheridan
Second: Vice Chairman Stephens
Ayes: Hill, Forest, Sheridan, Stephens, Reed, Ashby, Davidson
Action: 7-0, Approval
(ch)
Attachments: Application
Chief Kniffen Approval
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.2
Discussion and Appropriate Action Regarding a Request for Approval of a
Temporary Use 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: Bill Durham, Gallery Custom Homes.
Gallery Custom Homes is building a model home at 2414 Trophy Club Drive, Lot 8,
Block BB, Neighborhood 2, Phase 1A. To provide customer parking for the model
home, the builder wishes to place paved parking on the lot beside the model home.
The parking lot will be located on Lot 9, Block BB, 2416 Trophy Club Drive, the lot
immediately to the north of the model home.
This type of request must be heard by the Planning and Zoning Commission for
recommendation to the Town Council. As this is a temporary use, the builder must
eventually remove the parking lot, restoring the lot to a buildable single family home lot
as originally shown on the Neighborhood 2, Phase 1A plat.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
A. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
14. Off street parking for Model Homes in residential districts, provided
on one lot which complies with all setback requirements of the
district in which it is located for a time period of not greater than one
year. However, such temporary use may be renewed annually.
…
Annual Extensions of the temporary use permit may be issued by the
Zoning Administrator upon written request by the applicant.
Setbacks: Neighborhood 2, Phase 1A of The Highlands of Trophy Club Planned
Development No. 27 (PD-27) consists of Lot Types 1 and 2. The parking lot is
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proposed on Lot 9, Block BB, which is a Lot Type 2, with the following setback
requirements:
Front Yard: 25 feet minimum
Rear Yard: 25 feet minimum
Side Yard: 7.5 feet minimum
The plan submitted by applicant complies with all required setbacks.
Parking Requirements: Town regulations require each parking space to be nine feet
(9’) by eighteen feet (18’) for each angular head-in parking space. The applicant has
met this requirement.
Town parking regulations also specify the following: “The number of spaces required
shall serve residents, customers, patrons, visitors and employees.” The applicant is
providing 8 spaces and one handicap-accessible space. Staff believes this is an
adequate number of parking spaces for this use.
During the Planning & Zoning Commission meeting on February 19, 2009,
Commissioner Ashby requested hash marks across the driveway from the van
access parking space to the south walkway. In addition, Commissioner Ashby
stated that although not “required” he asked that the applicant work with the
Building Inspector, Chris King, to ensure that the walkway across the yard from
the parking lot to the front entrance of the model home be wide enough for
handicap accessibility. [It is required that the sidewalk along the street be wide
enough to meet ADA standards – not the walkway through the yard]. The
applicant agreed to include hash marks across the driveway (see attached
revised plot plan) and to work with the building inspector regarding the walkway
accessible.
Parking Facilities Construction: Town regulations require that parking facilities be
constructed of reinforced concrete on prepared subgrade. Minimum thickness shall be
5” for general parking. The applicant must obtain a building permit and comply with
materials and inspection requirements.
Landscaping: Town of Trophy Club Landscaping Regulations require the following:
D. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
1. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or
equal thereto. Grass seed, sod and other material shall be clean and reasonable
free of weeds and noxious pests and insects.
2. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. If any of the requirements of Article VIII
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regulating trees conflict with the requirements contained herein regulating trees,
the requirements of Article VIII of the Subdivision Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted
and maintained so as to form a continuous, unbroken, solid, visual screen which
will be three (3) feet high within one year after time of planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and may
be used in conjunction with fences, screens or walls to meet screening
requirements as specified.
5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be
of live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except
that solid sod shall be used in swales, berms or other areas subject to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree requirement of
any landscaping provision of this Section. Trees of exceptional quality due to
size, large canopy cover, trunk diameter, rareness, age or species may, at the
discretion of the Planning and Zoning Commission, be credited as two trees for
the herein minimum requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
The applicant is proposing Dwarf Burford Holly, Dwarf Indian Hawthorn, and Seasonal
color on both sides of the concrete drive, and Indian Hawthorn along the rear of the
parking lot, as well as sod in both the front and back of the lot. All will be irrigated.
Staff Recommendation: Staff recommends approval.
Planning and Zoning Commission Recommendation: The following minutes are
from the Planning & Zoning Commission meeting held on February 19, 2009, to
consider this request:
Chairman Hill called the applicant forward.
Bill Durham, Gallery Custom Homes, requested approval for a parking lot at 2416
Trophy Club Drive which will serve as the parking lot for the Gallery Custom Homes’
model home.
Ms. Huggins, Planning & Zoning Department, stated that this request has been
reviewed by staff and although Gallery Custom Homes was willing to put in a few trees
on the parking lot site, staff asked that the trees be removed and replaced with smaller
landscaping that can more easily be removed when the parking lot is no longer needed
and a single family home is built on the lot, which would require removal of pavement
and landscaping. The applicant has complied with staff’s request. Staff recommends
approval of this request.
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Commissioner Ashby requested hash marks across the driveway from the van access
parking space to the additional ADA compliant parking space on the other side of the
driveway. Commissioner Ashby also asked that the applicant work with the Building
Inspector, Chris King to ensure that the walkway from the parking lot to the front
entrance of the model home is ADA compliant.
There were no other comments or questions from the Commission and the Chairman
called for a motion.
Commissioner Ashby motioned to recommend Town Council approval of this request.
The motion was seconded by Commissioner Sheridan.
Ayes: Hill, Stephens, Reed, Sheridan, Forest, Davidson, Ashby
Nays: None
Action: 7-0, Approved
(ch)
Attachments: Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Application
Plot Plan
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PLOT PLAN WITHOUT HASH MARKS:
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PLOT PLAN WITH HASH MARKS AS REQUESTED BY P&Z:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding the Citizen of the Year
Committee.
A. Each Council Member and the Mayor to select one nominee to serve on
the Committee.
EXPLANATION:
The Volunteer Citizen of the Year Committee will make a recommendation to the Town
Council at their second meeting in March. The Committee will be comprised of one
nominee from each Council Member and the Mayor, as well as past Volunteer Citizen of
the Year recipients who are able to participate. Any member of the Selection
Committee sharing a close, personal relationship with a nominee (such as a relative,
etc.) should recuse themselves from the Committee.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding Citizen Contact Report for
2008.
EXPLANATION:
The Citizen Contact Report is a State mandated report required to be presented to
Council in March. The report consists of two levels of data. Tier 1 data addresses all
traffic stops, while Tier 2 data includes all non-traffic related contacts. The purpose of
this report is to identify any prevalence of ‘racial profiling’ within the Trophy Club Police
Department.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.Citizen Contact Report
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.5
Report by Police Chief Kniffen regarding crime rates in Trophy Club;
discuss and take appropriate action regarding same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Presentation
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding the date for the second
regular Town Council meeting in March.
EXPLANATION:
It may be necessary for the Council to call a special meeting in order to consider the
Ordinance ordering and calling a Joint General and Joint Special Election between the
Town, NISD, MUD1 and MUD2 on May 9, 2009; ordering and calling a General Election
for the purpose of electing a Mayor and two Council Members for two year terms;
ordering and calling a Special Election on a measure to determine whether qualified
voters of the Town approve the exchange of a 0.11 acre tract of land owned by the
Town which is part of Harmony Park for a 0.18 acre tract of land owned by a private
party and adjacent to Harmony Park; ordering and calling a Special Election for referred
Ordinance No. 2009-05 abolishing MUD2 and submitted to binding referendum by the
Town Council pursuant to the Town Charter; ordering and calling a Special Election on
various amendments to the Town's Home Rule Charter. Additionally, NISD will be on
spring break March 16 – March 20, 2009, which may conflict with the March 16, 2009
meeting.
Therefore, staff would ask that the Town Council consider rescheduling the March 16,
2009 meeting to March 9, 2009.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.7
Receive the Consolidation Task Force Final Report; discuss and take
appropriate action regarding same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Item requested by Council member Wilson on February 23, 2009)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.8
Discuss and take appropriate action approving an Ordinance making
applicable state law authorizing dissolution of MUD2, and the Town to
succeed to the powers duties, assets and obligations of MUD2, as
authorized by state law, including without limitation the Texas Local
Government Code, and establishing a date for the assumption of powers,
duties, assets and obligations of MUD2 by the Town contingent upon a
favorable vote at the May, 2009 election. (Ordinance will be provided at the
meeting.) (Ord. 2009-05)
A. Discuss and take appropriate action to voluntarily submit the MUD2
dissolution Ordinance to popular vote at the May, 2009 election.
Dialogar y tomar la acción apropiada para aprobar una Ordenanza en la
que se permite aplicar la ley estatal que autoriza la disolución de MUD2, y
que el Poblado consiga tener los poderes, deberes, bienes y obligaciones
de MUD2, de acuerdo a lo que autoriza la ley estatal, incluyendo sin
limitaciones al Código de Gobierno Local de Texas y, estableciendo una
fecha para la asunción de los poderes, deberes, bienes y obligaciones de
MUD2 por parte del Poblado, condicionado a un voto favorable en la
elección de mayo de 2009. (La Ordenanza será proporcionada en la junta.)
(Ord. 2009-05)
A. Dialogar y tomar la acción apropiada para someter al voto popular, de
forma voluntaria, en la elección de mayo de 2009, la ordenanza de
disolución de MUD2.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.9
Discuss and take appropriate action regarding an Ordinance ordering and
calling a Joint General and Joint Special Election between the Town, NISD,
MUD1 and MUD2 on May 9, 2009; ordering and calling a General Election
for the purpose of electing a Mayor and two Council Members for two year
terms; ordering and calling a Special Election on a measure to determine
whether qualified voters of the Town approve the exchange of a 0.11 acre
tract of land owned by the Town which is part of Harmony Park for a 0.18
acre tract of land owned by a private party and adjacent to Harmony Park;
ordering and calling a Special Election for referred Ordinance No. 2009-05
abolishing MUD2 and submitted to binding referendum by the Town
Council pursuant to the Town Charter; ordering and calling a Special
Election on various amendments to the Town's Home Rule Charter.
(Ordinance will be provided at the meeting.) (Ord. 2009-06)
Dialogar y tomar la acción apropiada con respecto a una Ordenanza en la
que se ordena una Elección Conjunta General y una Elección Conjunta
Especial y se hace un llamado a las mismas, que serán entre el Poblado,
NISD, MUD1 y MUD2, el 9 de mayo de 2009; ordenando y llamando a una
Elección General con el propósito de elegir un Alcalde y dos Miembros del
Concilio por periodos de dos años; ordenando una Elección Especial y
llamando a la misma, referente a una medida para determinar si los
votantes calificados del Poblado aprueban el cambio de una extensión de
terreno de 0.11 de acre que es propiedad del Poblado, y que es parte del
Harmony Park, por una extensión de terreno de 0.18 de acre, que es
propiedad de un particular y que está adyacente a Harmony Park;
ordenando una Elección Especial y llamando a la misma con referencia a la
Ordenanza No. 2009-05, aboliendo a MUD2 y sometido a un referéndum de
cumplimiento obligatorio por parte del Concilio del Poblado, en
cumplimiento con la Carta Constitucional del Poblado; ordenando una
Elección Especial y haciendo un llamado a la misma, acerca de varias
enmiendas a la Carta Constitucional de Autonomía del Poblado. La
Ordenanza será proporcionada en la junta.) (Ord. 2009-06)
EXPLANATION:
RECOMMENDATION:
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ACTION BY COUNCIL:
Attachments: 1. Documents regarding the exchange of a 0.11 acre tract of land owned
by the Town which is part of Harmony Park for a 0.18 acre tract of land
owned by a private party and adjacent to Harmony Park;
Exhibit A – Property Description
Warranty Deed
Land Title Survey – Neighborhood 11
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.10
Discuss and take appropriate action regarding forming a Ways & Means
Committee to report directly to the Council and provide direction to staff
regarding amending appointment Resolution, Handbook, and related
documents.
EXPLANATION:
This item was requested by Council Member Moss.
RECOMMENDATION:
ACTION BY COUNCIL:
(Requested by Council Member Moss 2/11/09)
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.C.11
Items for Future Agenda.
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 receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
6. The Volunteer Citizen of the Year Committee to make a recommendation of
the 2008 Citizen of the Year to the Town Council. (March 16, 2009)
7. Discuss and take appropriate designating a person to serve as liaison
between the Town and ASA. Resolution 2009-03 (March 16, 2009)
8. Council to announce the 2008 Citizen of the Year. (April)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.D.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (1) and (2) "Consultation with Attorney", Council to convene into
executive session to discuss the following:
A. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including proposed Agreed
Order and Interlocal Agreement;
B. Legal advice related to the consolidation of MUD1 and MUD2,
dissolution of MUD2 and related ballot propositions;
C. Legal advice related to the May, 2009 election, ballot, and propositions.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D.1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-2-2009
Subject: Agenda Item No.E.1
Adjourn.
(lh)
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