Agenda Packet TC 11/20/2006 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, November 20, 2006
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Discuss and take appropriate action regarding a Proclamation recognizing the
Breast Friends Team, who participated in the Breast Cancer 3-Day Walk on
October 29th, 2006.
A.5 Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items.
B.1 Consent Agenda: Discuss and take appropriate action to approve the September
11, 2006 Minutes.
B.2 Consent Agenda: Discuss and take appropriate action to approve the September
18, 2006 Minutes.
B.3 Consent Agenda: Discuss and take appropriate action to approve the October 2,
2006 Minutes.
B.4 Consent Agenda: Discuss and take appropriate action to approve the October
16, 2006 Minutes.
B.5 Consent Agenda: Discuss and take appropriate action to approve Corrected
Minutes, dated October 22, 2006.
B.6 Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving an Interlocal Agreement for the Fire Protection, Fire Rescue and First
Response for the EMS with the Tarrant County Emergency Service District No.
One.
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B.7 Consent Agenda: Discuss and take appropriate action to approve the November
6, 2006 Minutes.
B.8 Consent Agenda: Discuss and take appropriate action to approve execution of
new signature resolutions for Town Bank Accounts at First Financial Bank and
Northwest Bank and Texpool by Brandon Emmons, Sakura Moten-Dedrick, Lisa
Ramsey, and Nick Sanders.
C.1 Public Hearing:
Consider a Replat for 20 and 22 Cypress Court, also described as Lots 12 and 11 of
Block B in the Villas of Hogan's Glen. (RP-06-003)
C.2 Public Hearing:
Consider an amendment to the Code of Ordinances of the Town, Chapter 13, "Zoning",
Article V, "Supplementary District Regulations", Section 5.03, "Accessory
Structures and Uses", by revising paragraph A(1)(a), and adding a new Section
"G", entitled “Public Views", in order to provide screening requirements for
accessory structures. (ADM-06-026)
D.1 Discuss and take appropriate action relative to a request for Replat for 20 and 22
Cypress Court, also described as Lots 12 and 11 of Block B in the Villas of
Hogan's Glen. (RP-06-003)
D.2 Discuss and take appropriate action relative to an amendment to the Code of
Ordinances of the Town, Chapter 13, "Zoning", Article V, "Supplementary District
Regulations", Section 5.03, “Accessory Structures and Uses”, by revising
paragraph A(1)(a), and adding a new Section "G", entitled "Public Views", in
order to provide screening requirements for accessory structures. (ADM-06-026)
D.3 Discuss and take appropriate action relative to a request for Plat Amendment to
32 and 30 Cypress Court, also described as Lots 6 and 7 of Block B in the Villas
of Hogan's Glen. (AP-06-011)
D.4 Discuss and take appropriate action regarding a contract with Bailey
Environmental for Consultant Services for Health Inspections; and authorizing
the Mayor or his designee to execute necessary documents.
D.5 Discuss and take appropriate action repealing Resolutions 2005-40 and 2006-18
and adopting a new Resolution appointing members to serve on EDC 4A, EDC
4B, Planning and Zoning Commission, Tree Board, Zoning Board of Adjustment
and the Parks and Recreation Board.
D.6 Discuss and take appropriate action appointing a ZBA Chairperson.
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D.7 Discuss and take appropriate action regarding an ordinance amending the Code
of Ordinances of the Town by adopting Chapter XV, "Taxation", Article I,
"Hotel/Motel Occupancy Tax" levying a tax on the occupancy of hotel rooms.
D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter
X of the Code of Ordinances entitled "Public Safety" by adopting Article XII,
entitled "Fire Marshal" to establish a Fire Marshal's Office.
D.9 Discuss and take appropriate action regarding an Ordinance amending Article
VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled
Administration”, by amending Section 8.11 (L), “Parking Permits”, Section 8.03,
(F) “Contractor Registration”, (S) “Portable Storage Unit”, “U” “Propane Tank,
"AA" Irrigation Meter; and amend Chapter 10, Article III, Section 3.03, “Permit
Required Application, Issuance”, Paragraph “H”, to reference the Schedule of
Fees for single family residences and business permits.
D.10 Discuss and take appropriate action regarding a Resolution supporting a Local
Option Sales Tax to fund Regional Rail in North Central Texas and authorizing
the Mayor, through his vote, to express support of the joint recommendation by
DART, DCTA and The T.
D.11 Discuss and take appropriate action to approve the minutes from the September
19, 2006 Town Hall Meeting.
D.12 Discuss and take appropriate action regarding the (90) day evaluation of Town
Manager Emmons duties, goals and objectives.
D.14 Items for Future Agenda.
D.15 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
(a) Town Council calendar of events and activity reports.
(b) Town Manager's Report.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
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: 11-20-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.A.4
Discuss and take appropriate action regarding a Proclamation recognizing
the Breast Friends Team, who participated in the Breast Cancer 3-Day Walk
on October 29th, 2006.
EXPLANATION:
Members of the Breast Friends Team will be present to receive the Proclamation.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Proclamation
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TOWN OF TROPHY CLUB
PROCLAMATION NO. 2005-06
TROPHY CLUB TREKKERS
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, RECOGNIZING THE MEMBERS OF THE
TROPHY CLUB’S BREAST FRIENDS TEAM WHO REPRESENTED
OUR TOWN IN THE BREAST CANCER 3-DAY WALK; WHO BY THEIR
PARTICIPATION HELPED RAISE AWARENESS OF THE DEADLY
DISEASE OF BREAST CANCER; RECOGNIZING AND THANKING
THEM FOR SUPPORTING RESEARCH TO FIND A CURE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is fortunate to be home to residents who participated in the
Breast Cancer 3-Day Walk, beginning on October 29th, 2006, to help raise awareness breast cancer; and
WHERAS, The statistics from the American Cancer Society are sobering. In 2006, 212,920
American women will be diagnosed with breast cancer and 40,970 American women will die from breast
cancer; and
WHEREAS, the Town of Trophy Club and the Breast Friends Team are committed to finding a
cure for breast cancer for the sake of our children and children's children; and
WHEREAS, the Breast Friends Team raised approximately $62,499.00 and ranked #5, with the
net proceeds benefiting the Susan G. Komen Breast Cancer Foundation, to fund research, education,
screening and treatment, as well as the National Philanthropic Trust Breast Cancer Fund.
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, recognizes and commends the following
individuals for their participation in the 3-Day Breast cancer walk:
Jennifer Olive Sheree Gardner Jane Adams Maggie Costello Morgan Costell
Lori Eaton Monica Gattshall Sarah Goodrich Angela Mollica Lynn Morrow
Linda Pederson Tevilla Riddell Connie Shaw Patty Sprong
Section 2. That the Town of Trophy Club acknowledges each of these individuals for their
compassion and commitment in participating in an event supporting the fight of breast cancer.
Section 3. That this Proclamation shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 20th
day of November, 2006.
_____________________________________
Nick Sanders, Mayor
ATTEST: Town of Trophy Club, Texas
__________________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.A.5
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve the
September 11, 2006 Minutes.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. September 11, 2006 Minutes
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MINUTES OF WORK SESSION/PUBLIC HEARING AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 11, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and Regular
Session on Monday, September 11, 2006. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Lee Delk Police Sergeant
Danny Thomas Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
A.1 Mayor Sanders called the Regular Session to order at 6:30 p.m. noting a quorum was present.
A.2 Work Session: Town Council discussed and reviewed items posted to the September 11, 2006
Agenda.
Mayor Sanders explained the rules for the workshop.
Brandon Emmons explained the request for a waiver as included under item D.4. Council discussed
issuing a conditional waiver and temporary parking lots.
A.3 Reverend Daniel Humbert, Senior Pastor of Fellowship United Methodist Church gave the
invocation.
Council member Lamont stated that September 11, 2002 a Monument to heroism was dedicated in
Yankee Stadium’s Monument Park for the fallen Heroes of 9-11, two of whom were the son and
son-in-law of a friend of his and read the innovation that was delivered at this dedication.
A.4 The Town Council observed a moment in silence to remember the events of September 11, 2001.
A.5 Council member Edstrom led the pledges.
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A.6 Citizen presentations.
No citizens addressed the Council.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Motion made by Cates, seconded by Williams to remove Item B.2 from the Consent Agenda.
Motion made by Williams, seconded by Lamont to approve the Consent Agenda, Item B.1.
Motion passed unanimously without further discussion
B.1 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for
Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste
Program.
B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance approving the
financing of a new police vehicle and 10 new computers.
Motion made by Edstrom, seconded by Cates to approve an Ordinance approving the financing of a new
police vehicle and 10 new computers.
Council member Edstrom verified that this does not relate to SRO vehicle. Town Manager Emmons
responded that this is the same Ordinance discussed at the previous meeting that was referred to
due to being posted incorrectly.
Council member Cates questioned how many police vehicles the Town currently had and how many were
working. Police Sergeant Delk answered three for patrol, one for the Chief and two that are not
working properly.
Finance Director Unger provided that the computers would be bought outright, the old computers would
be disposed.
IS Manager Pastor added that a Dell computer, base box with no monitor costs approximately $910.00
Mayor Pro Tem Williams questioned the cost. Mayor Sanders advised that the cost is for the operating
system and is currently the rate for home computers.
Council member Cates believes that this is a fair price.
Finance Director Unger added that this is a budgeted item, and has been discussed in the budget
workshops.
Motion to approve passed unanimously without further discussion.
END OF CONSENT AGENDA
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:21 P.M.
PUBLIC HEARING
C.1 Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax
rate increase for fiscal year October 1, 2006 to September 30, 2007.
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Mayor Sanders announced the Town Council would be voting on the 2006-07 tax rate on September 18,
2006, during their Regular Session, which starts at 7:00 P.M. The meeting will be held here in
the Council Chambers.
No citizens addressed the Council.
Council member Lamont questioned page 30 of the packet regarding the tax rate and if the number was
correct. Lamont stated that the Town and MUD tax rate together is a little high compared to other
Towns.
C.2 Public Hearing: Consider an Ordinance amending Chapter 13, Article V, Section 5.03 of the
Town's Zoning Ordinance to allow hard top pool covers as an approved accessory structure use
and to provide regulations for the same.
P & Z Coordinator Fleck advised that this was brought before the Council on June 19, 2006 and Council
had directed staff to draft provisions to allow for installation of hard top pool safety covers.
Town Manager Emmons added that the P & Z Commission had recommended approval of an Ordinance
listing hard top pool covers as an approved accessory structure use with regulations to their
height.
Applicant, Terry Hall, 101 Inverness – Stated that this pool cover also provides added protection from UV,
it is only 4 feet high and cannot be seen from the golf course and is not permanently attached.
Council member Cates questioned if the models shown in the packet were the only choices. Staff
confirmed that the models were consistent with the request.
C.3 Public Hearing: Consider an amendment to Chapter 13, Article IV, Section 4.15 to provide
regulations for the modification of masonry requirements for structures built in the CR-
Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck Properties).
P & Z Coordinator Fleck explained that on behalf of the Trophy Club Country Club, Beck Properties
submitted a request to construct a metal maintenance facility for the Club. The P & Z
Commission unanimously recommended amendments to the CR-Commercial Recreation Zoning
District regulations to allow a modification to the masonry requirements.
Public Hearing Closed
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action relative to: An Ordinance amending Chapter 13, Article V,
Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers as an approved
accessory structure use and to provide regulations for the same.
Motion made by Williams, seconded by Council member Sterling to approve an Ordinance amending
Chapter 13, Article V, Section 5.03 of the Town's Zoning Ordinance to allow hard top pool covers
as an approved accessory structure use and to provide regulations for the same.
Mayor Pro Tem Williams stated that the cover will not be seen by people on the golf course due to the
fence.
Council member Edstrom requested language changes that would ensure proper screening along the golf
course properties. P & Z Coordinator Fleck suggested language of shrubs not less than 4 feet in
height would satisfy this request.
Motion made by Williams, seconded by Cates to refer until the September 18th meeting, requesting that
this modification be added to the Ordinance and placed on the consent agenda.
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Motion to refer passed unanimously without further discussion.
D.2 Discuss and take appropriate action relative to: Consider an amendment to Chapter 13, Article
IV, Section 4.15 to provide regulations for the modification of masonry requirements for structures
built in the CR-Commercial Recreation Zoning District. (Applicant: Scott Beck, Beck Properties).
Town Manager Emmons stated that the request is for allowance of metal to the masonry requirements for
structures built in the CR-Commercial Recreation Zoning District.
Mayor Sanders advised the Item is asking Council to consider a waiver to the modification of masonry
requirements for structures built in the CR-Commercial Recreation Zoning District.
Motion made by Williams, seconded Edstrom to approve an amendment to Chapter 13, Article IV, Section
4.15 to provide regulations for the modification of masonry requirements for structures built in the
CR-Commercial Recreation Zoning District.
Council member Cates asked about specific sizes to mandate a metal building. P & Z Coordinator Fleck
comments that the site plan will come before Council and an Ordinance amendment does not
have a required size. Cates would like to see size requirements with maintenance restrictions.
Mayor Sanders clarified that the Council should be considering a vote on the ability to allow for a waiver.
Mayor Pro Tem Williams questioned if the MUD had been subject to restrictions on their building.
Finance Director Unger answered that the maintenance building is a metal building on a concrete
foundation.
Town Manager Emmons commented that the proper avenue to address maintenance issues is in the
maintenance agreement. Town Attorney Adams added that the building standards address this
issue.
Council member Lamont and Mayor Sanders both thought the reference to unnecessary hardship under
2.01, 7.a.iii should be removed.
Mayor Sanders suggested the following language change in paragraph 7, with the Council’s ability to
modify, recommendations should be presented to the Council, upon Council’s referral. Town
Attorney Adams suggested, upon either negative or positive recommendation from the P & Z
Commission.
Mayor Williams amended his motion to include upon either negative or positive recommendation from the
P & Z Commission under paragraph 7 and to strike #3, iiii; the second agreed.
Motion passed to approve passed unanimously without further discussion.
D.3 Discuss and receive input relative to an Ordinance amending Article VIII , "Schedule of Fees",
Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03 (L),
“Health Permits” and (Y), “Storm Water Drainage Utility”.
Town Manager Emmons advised that the following changes to the Storm Sewer Fees were discussed in
the Town’s Budget Planning Sessions; raising the Storm Drain fees to a flat $3.00 fee for all
single family residential and increasing the commercial fees at a similar rate. The additional fees
will be used for needed maintenance and repairs of our storm drainage network. The change to
the Health Permit Fees increases the permit fee for Childcare from $100.00 to $225.00 to cover
our outside inspection costs.
Mayor Sanders noted a typo on page 49, non-resenditial properties, 200,001 – 400,000 sf impervious
area should be $45.00.
Motion made by Edstrom, seconded by Cates to approve the ordinance.
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Mayor Pro Tem Williams clarified that Multi-Family Properties is $1.50 per apartment.
Council member Sterling questioned the verbiage under 0 -10,000 sf impervious area. Council agreed
that the language be changed to “The greater of a $15.00 flat fee or $0.18 per 100 sf."
Edstrom modified the motion to include Community Development Director under Apartments- Limit to be
set by the Director, to change verbiage under 0 -10,000 sf impervious area to “The greater of a
$15.00 flat fee or $0.18 per 100 sf,” the second agreed.
Motion passed unanimously.
Town Attorney advised that Council is not posted for action, but for input only.
D.4 Discuss and take appropriate action relative to a request by Beck Properties for a waiver to the
concrete parking lot requirement in the Town's Design Standards for the construction of a
crushed gravel parking lot for the proposed golf maintenance facility to be located to the east of
the Wastewater Treatment Facility. Applicant: Scott Beck, Beck Properties.
Town Manager Emmons explained that a request for a waiver to the Town’s Design Standards for the
construction of a gravel parking lot for the proposed Golf Course Maintenance Facility has been
submitted by Beck Properties.
Council member Lamont questioned 6.2 and if the Town had a Public Works Director. Emmons
answered that Community Development will act as the Public Works Director and that Town
Engineer has not yet reviewed the request as plans have not been received.
Applicant, Scott Beck told the Council that he would like Council’s direction prior to investing in a design
and the waiver is to determine what the Council will approve
Council member Edstrom clarified that if the waiver were granted, the waiver would then need to go back
to the P & Z Commission for recommendation to the Town Council.
Mayor Sanders asked if there was an alternative to allow this request to become part of a design
standard rather than approving a waiver. Town Manager Emmons answered that the Design
Standards could be amended.
Council member Lamont asked how the construction of the parking lot would interfere with the design of
the building. Mr. Beck replied that this is going to be a recurring problem with future
development; this ordinance gives the applicant the right to make an exception.
Mayor Pro Tem Williams feels that the Town’s Engineer needs to consult with Community Development
to determine the depth.
Mayor Sanders questioned the requirements as listed on page 50, 6.2 of the packet, neither the Town
Attorney nor P & Z Coordinator knew the requirements.
Council member Cates requested that the MUDs provide the maintenance building plans prior to
approving. Mr. Beck stated that he will use those plans as the minimum requirement, as this in
holding up phase 2 of Hogan’s Glen.
Motion made by Edstrom, seconded by Cates to refer until the September 18th meeting,
Mayor Pro Tem Williams directed Town Manager Emmons to provide the MUDs specifications at the
September 18th meeting.
Motion to refer passed unanimously without further discussion.
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D.5 Discuss and take appropriate action to establish a holding account at Tex Pool for Parkland
dedication funds and authorize the execution of necessary documents.
Town Manager Emmons commented with the advent of Parkland funds having been received on the
Eagles Ridge project and the need to segregate these funds an additional Tex Pool account will
be opened specifically for Parkland Dedication funds.
Motion made by Edstrom, seconded by Lamont to establish a holding account at Tex Pool for Parkland
dedication funds and authorize the execution of necessary documents.
Mayor Sanders questioned if this was necessary considering an accounting method has already been
established with Tex Pool. Council member Cates said that the current account is a general fund
and a separate account needs to be established. Mayor Pro Tem Williams and Council member
Edstrom agreed.
Motion passed unanimously without further discussion.
D.6 Discuss and take appropriate action for utilization of Child Safety Funds.
Town Manager Emmons explained the money for the SRO car is coming from the town's portion of the
tax on Texas MVRs. Each town/city gets a percentage of the fund based on the number of
residents in each town/city. The Town's portion for FY '06 was $5,439.00. The est. FY '07 & '08
fund is $8,000.00 and $10,000.00 respectively. This fund is earmarked for Child Safety programs
in schools and after checking with the state, it can be used to purchase a vehicle for the SRO
program. Staff’s plan is to make a down payment with '06 funding and use '07 money as a
payment and pay the vehicle off with '08 funds.
Motion made by Edstrom, seconded by Cates to refer to a future date.
Council member Edstrom would like to see all available options available for programs that would actually
benefit the kids rather than purchase a vehicle for the SRO.
Mayor Sanders asked if the SRO was receiving mileage reimbursement. Sergeant Delk answered that
he is currently using a patrol car.
Council member Lamont questioned how often the SRO is using the patrol car. Sergeant Delk responded
to and from school, to the hospital and for juvenile investigations.
Mayor Pro Tem Williams would like the staff to provide additional information; is the Chevy Cobalt the
best use and the cost per year if mileage is reimbursed. Council member Cates added that it is
not just $13,000.00 they would be approving but the cost of maintenance which is very high on
these vehicles.
D.7 Discuss and take appropriate action regarding an Ordinance approving the financing of a new
parks truck and a commercial grade mower.
Town Manager Emmons explained that the items were items budgeted and that per the Procurement
Policy, Council needs to approve the financing in an Ordinance.
Motion made by Edstrom, seconded by Cates to approve the financing of a new parks truck and a
commercial grade mower
.
Council member Edstrom commented that the funds were discussed in the budget process.
Council member Cates questioned how many trucks belong to the P & R Department. P & R Director
Adams responded this would be the last truck needed; the Ranger is too light to perform the labor
duties.
Motion passed unanimously without further discussion.
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D.8 Discuss and take appropriate action regarding method of nominations and appointments to
Boards and Commissions and concurrent membership on advisory groups and boards and
commissions.
Mayor Sanders asked for this item in order to discuss prior to making the appointments at the next
meeting. Sanders provided that the in the past the Boards have interviewed the applicants and
then made a recommendation to the Council. Sanders has surveyed how other cities organized
their EDCs and explained that the bylaws state that a Council member may serve on the EDC
Boards as a voting member.
Council member Cates would like to see all of the applications, she would like to know the attendance
records for the members wishing to be reappointed and how many different boards/committees
each has served on in order to access their accountability. Cates believe that there are several
people serving on multiple committees who are continually reappointed, therefore not giving the
new residents the opportunity to serve.
.
Council member Lamont would also like to see the applications and would prefer that Council member
serve on the EDC Boards so that they can report back. Lamont has troubles with MUD Directors
serving on Town Boards.
Council member Sterling knows that it would be more work for the Council to conduct the interviews but
feels it would provide unity to the groups.
Council member Edstrom was on the Council when they served as liaisons and thinks it helped solidify
the Council’s direction to the Boards. Edstrom believes that the Boards need clear direction so
that they can be proactive as opposed to reactive. Edstrom commented that in her seven years
on the Council there is no perfect solution to the appointment process; Council went back to the
recommendation process as it was too embarrassing and intimidating for the residents to go
through a public interview.
Mayor Pro Tem Williams agrees with Edstrom and asked that the Chair conduct the interview and provide
information to the Council concluding there recommendations. Williams agrees with Lamont and
thinks that a Council member should serve on each EDC Board; Williams prefers the nomination
process.
Mayor Sanders’ intent is to use the nomination process; he clarified that only one Council member may
serve on EDC A and EDC B can have two. Sanders has attended numerous EDC A meeting and
witnessed how hard it is for the staff liaison to move the meetings forward due to money
misconceptions. Sanders commented to the lack of applications and mentioned that several EDC
members said that they will step down to allow others to serve.
Council member Cates thinks the Ways and Means Advisory group needs to be more involved in the
budget. Mayor Pro Tem Williams and Council member Sterling questioned if Ways and Means
was still needed. Finance Director Unger responded that the group reviews RFPs and the audits;
they provide a wealth of information and due to their detailed review of the financials allowed
them to be presented on the Consent Agenda.
Council ended discussion on this item.
D.9 Items for Future Agenda.
Discussion about storm water discharge from pools.
Review of the Building Standards Ordinance (specifically maintenance of all buildings and the allowance
of metal buildings.)
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E.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be
no action taken regarding any individual project posted under this item and discussion will be
limited. If extensive discussion is required, the item may be placed on a future agenda.
Administration:
Town Council is scheduled to make appointments to the Town’s Boards and Commissions at the
September 18th meeting.
Mobility Plan 2030 Open House
The NCTCOG will host an Open House Workshop on Tuesday, September 19, 2006 at 2:00 p.m. and
6:30 p.m., at the NCTCOG Transportation Board Room, 616 Six Flags Drive, Arlington, TX. The
transportation staff would like to collaborate with interested individuals on various elements and
components which will comprise the DFW region’s future multimodal transportation system.
Community Development:
Long Term Street Repairs
A Town Hall Meeting regarding recommended street reconstruction projects will be held on Tuesday,
September 19, 2006 at 7:00 pm in the Svore Municipal Building.
Highway 114 Extension
The Town continues to work with Metroport Communities Partnership, Denton County, TxDOT and the
Regional Transportation Authority on several potential sources of funding for the extension of Highway
114. The response thus far from all of the involved parties has been very favorable, and we are
encouraged about the potential to move this project forward.
Finance:
Public Hearing
Town Council will vote to adopt and approve the Budget for the fiscal year beginning October 1, 2006,
and ending September 30, 2007 at their September 18th meeting.
Court
Regional Multi-Jurisdiction Warrant Roundup Is Set for Week of September 16-24, 2006.
Police officers and City Marshals throughout the North Texas area will be conducting a region-wide
warrant round-up beginning Saturday September 16 and ending on Sunday September 24, 2006. During
this period, law enforcement officers from the North Texas Region will fan out throughout the area to
arrest individuals with outstanding warrants, a majority being traffic-related, before their respective
Municipal Courts. Officers from over thirty-five (35) municipalities in Tarrant, Dallas, Collin, Rockwall and
Denton Counties will participate. Persons with outstanding warrants or who are uncertain whether they
have warrants issued in Trophy Club can avoid arrest by contacting the Trophy Club Municipal Court and
making appropriate arrangements. A list of outstanding Trophy Club warrants will also be available on
the Town’s website.
P & R:
Fall Festival will again be held this year on the Community Pool grounds. This year’s celebration will run
Saturday, October 21st, from 3-6pm, and promises to be our best Festival yet. The general theme of
course will be to help our local non-profit organizations raise funds for their worthy endeavors. The Town
garage sale takes place earlier in the day, so we expect to see everyone after they have recovered. We
will update Town Council, the residents, and our various media outlets on activities planned for the day
later this month.
Police and Fire Services:
Police Services
The Town welcomes Gerry Kniffen as the new Chief of Police. Mr. Kniffen’s first day is Monday,
September 18th.
Fire Services
Congratulations to Danny Thomas who was promoted to Fire Chief.
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The new fire truck will be delivered in April 2007. Martin Apparatus of Denton Texas will furnish an Arrow-
XT, 1500 GPM pumper made by Pierce Manufacturing of Appleton WI.
Intermedix Medical billing and data service will be on line October1st. Training will start September 19th.
F.1 Adjourn.
Motion made by Edstrom seconded by Williams to adjourn
Meeting adjourned at 10:00 p.m.
______________________________________ ______________________________________
Lisa Ramsey, 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: 11-20-2006
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve the
September 18, 2006 Minutes.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. September 18, 2006 Minutes
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MINUTES OF A JOINT MEETING WITH PARKS AND RECREATION
BOARD/PLANNING AND ZONING COMMISSION AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 18, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and Regular
Session on Monday, September 18, 2006. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
PARKS AND RECREATION BOARD:
Pauline Twomey Parks and Recreation Board Chairperson
Steve Gregory Parks and Recreation Board Vice Chairperson
Matthew Graham Board Member
David Glaser Board Member
Steven Kohs Board Member
Chris McCollister Board Member
Steven Skeen Board Member
Kathleen Wilson Board Member
PLANNING AND ZONING COMMISSION:
Gene Hill Planning and Zoning Chairman
Bob Ashby Planning and Zoning Commissioner
Jim Moss Planning and Zoning Commissioner
Clayton Reed Planning and Zoning Commissioner
Dennis Sheridan Planning and Zoning Commissioner
Steve Stamos Planning and Zoning Commissioner
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James Stephens Planning and Zoning Commissioner
A.1 Mayor Sanders called the Regular Session to order at 6:30 p.m. noting a quorum was present.
A.2 Work Session:
Discuss and review items posted to the September 18, 2006 Agenda, specifically Item E5.
Town Manager Emmons advised he and Community Development Director Gregory took pictures of the
maintenance building parking area and noted there are approximately 15 parking spaces.
Emmons said it would be hard for Council to grant the waiver based on the language of the
design standards and the MUD building is in the parameters of the Design Standards.
Mayor Sanders commented Beck will be only promoting five to six parking spaces.
Town Attorney Adams suggested adding language to the Design Standards to allow for gravel as a
standard as an exemption, such as commercial accessory structure.
Mayor Pro Tem Williams and Council member Edstrom would like to tape work session.
A.3 Mayor Sanders gave the Invocation.
A.4 Town Manager Emmons led the Pledges.
A.5 Dr. Karen Rue, NISD Superintendent invited the Council to attend the Community Tour on
September 26, 2006. Beginning at the districts central administration building and tour their
campuses and facilities, growth areas in our 232-square mile district.
Mayor Sanders introduced new Police Chief, Scott Kniffen and welcomed him to the Town.
A.6 Citizen presentations.
Keith Barnes, 20 Ridgewood Drive – Submitted a letter opposing the re-appointment of James Stephens
to the Planning and Zoning Commission.
Robert Hill, 8 Meadow Ridge Drive - Submitted a letter opposing the re-appointment of James Stephens
to the Planning and Zoning Commission.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Council member Edstrom removed Item B.2.
Motion made by Edstrom, seconded by Sterling to approve the Consent Agenda, Items B.1.
Motion passed unanimously without further discussion
B.1 Consent Agenda: Discuss and take appropriate action regarding two Resolutions stating that the
Town of Trophy Club has no intent to sell more than $10,000,000 of General Obligation bonds or
other debt falling under the Tax Bill's definition of Qualifying Debt during calendar year 2006.
B.2 Consent Agenda: Discuss and take appropriate action relative to: An Ordinance amending
Chapter 13, Article V, Section 5.03 of the Code of Ordinances to allow hard top pool covers as an
approved accessory structure use and to provide regulations for same.
Motion made by Williams, seconded by Cates to approve an Ordinance amending Chapter 13, Article V,
Section 5.03 of the Code of Ordinances to allow hard top pool covers as an approved accessory
structure use and to provide regulations for same.
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Motion to amend made by Edstrom, seconded by Cates to strike the second sentence in 1a.
Council discussed the removal of the language under 1a of the Ordinance.
Motion to approve the amendment passed unanimously.
Amended motion passed unanimously without further discussion.
END OF CONSENT
TOWN COUNCIL TO CONVENE INTO JOINT SESSION WITH PARKS AND RECREATION BOARD
JOINT SESSION
C.1 Parks and Recreation Board Chairperson, Pauline Twomey called to order at 7:24 p.m. noting a
quorum was present.
Town Manager Emmons introduced new employee, Mindy Herring, Recreation Supervisor.
Chair, Pauline Twomey and Vice-Chair, Steve Gregory gave formal reports from the Parks and
Recreation Board. Both reports spoke to the P & R progress since being created and their future
plans. Chair Twomey introduced the other members of the P & R Board and explained the Board
Functions. Vice Chair Steve Gregory spoke to the amenities and the improvements needed to
Harmony Park, future Parks and Open Space Acquisitions.
Wade Mullis, 20 Meadow Ridge Drive – Appreciates the effort put forth by the Council and P & R staff
regarding the fields and encourages both to look for ways to provide additional parks.
Mayor Sanders questioned the percentage of Trophy Club participation in baseball as compared to
Roanoke and Roanoke’s plans for parks. Mr. Mullis advised that 70% are from Trophy Club and
30% are from Roanoke. Roanoke plans to create additional ball fields and there is movement to
create their own association.
C.2 Town Council to provide direction to the Parks and Recreation Board regarding current and future
projects, goals and objectives.
No direction was given.
C.3 Parks and Recreation Board adjourned 7:57 p.m.
TOWN COUNCIL TO CONVENE INTO JOINT SESSION WITH PLANNING AND ZONING
COMMISSION
JOINT SESSION
D.1 Planning and Zoning Commission Chairman, Gene Hill called to order at 7:58 p.m. noting a
quorum was present.
D.2 Planning & Zoning Commission to discuss and take appropriate action relative to: A request
from Beck Properties for a waiver to the masonry construction requirements for a proposed
structure in the CR Zoning District, more specifically located to the east of the Wastewater
Treatment Facility. (Applicant: Scott Beck, Beck Properties).
Chairman, Gene Hill gave a brief introduction of the item.
Applicant Scott Beck provided the Council a hand out of the site concept and asked for direction related
to parking spaces; delineating whether the plan looked reasonable.
Commissioner Ashby asked how far the concrete would extend from the right of way to the crushed rock.
Mayor Sanders and Chairman Hill corrected that discussion was posted for the waiver to the masonry
construction only.
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Commissioner Stephens suggested that Mr. Beck review the Ordinance for guidance on parking spaces.
Motion made by Commissioner Stephens, seconded by Commissioner Sheridan to approve a waiver to
the masonry construction requirements.
Motion passed unanimously without further discussion.
D.3 Planning and Zoning Commission to adjourn.
Planning and Zoning Commission adjourned at 8:11 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
REGULAR SESSION
E.1 Discuss and take appropriate action relative to: A request from Beck Properties for a waiver to
the masonry construction requirements for a proposed structure in the CR Zoning District, more
specifically located to the east of the Wastewater Treatment Facility. (Applicant: Scott Beck,
Beck Properties).
Motion made by Williams, seconded by Edstrom to approve a waiver to the masonry construction
requirements.
Council member Lamont commented that the Hardship provision was requested to be removed at the
previous Council meeting; however, it is still in the header of the waiver.
Mayor Pro Tem Williams suggested that Council address the waiver under this item and that staff make
the necessary corrections to the hardship provision and present at a later Council meeting.
Motion passed unanimously without further discussion.
E.2 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget
for the fiscal year beginning October 1, 2006, and ending September 30, 2007.
Motion made by Edstrom, seconded by Williams to approve the Budget for the fiscal year beginning
October 1, 2006, and ending September 30, 2007.
Bob Radder, 1 Lee Court – Requested that Council provided additional staff to the Fire Department in the
next budget year.
Mayor Sanders commented that MUDs start their budget process early every year and requested that
Chief Thomas make the necessary staffing recommendations to both the Town Council and
MUDs at the budget workshops.
Council member Lamont appreciated the layout and hopes the budget process will be less convoluted
next year and asked that the percentages be added back in.
Council member Sterling applauded both the staff, Town Manager Emmons and the budget and
requested staff present a balanced budget at the beginning of the process next year. Mayor Pro
Tem Williams agreed.
Council member Cates thanked staff for putting in over time to prepare the budget.
Motion passed unanimously without further discussion.
E.3 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad
Valorem Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007.
Motion made by Edstrom, seconded by Sterling for property taxes to be increased by the adoption of a
tax rate of .43051.
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Council member Edstrom explained this is a flat tax rate but wording reflects state law. Mayor Pro Tem
Williams added that the property values are going up thus creating increased revenue. Finance
Director Unger commented that the home values increased approximately 16% this past year.
Motion to pass an Ordinance fixing and levying Municipal Ad Valorem Taxes for the fiscal year beginning
October 1, 2006, and ending September 30, 2007, passed unanimously with Williams, Lamont,
Cates, Edstrom and Sterling voting for.
E.4 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton
Central Appraisal District for 2006.
Motion made by Lamont, seconded by Williams to approve the tax roll of the Denton Central Appraisal
District for 2006.
Motion passed unanimously without further discussion.
E.5 Discuss and take appropriate action relative to a request by Beck Properties for a waiver to the
concrete parking lot requirement in the Town's Design Standards to allow the construction of a
crushed gravel parking lot for the proposed golf maintenance facility to be located to the east of
the Wastewater Treatment Facility. Applicant: Scott Beck, Beck Properties.
Applicant, Scott Beck advised the Council that the modifications to the site concept have been made and
requested a waiver used a combination of both crushed gravel and concrete and the ratio of
parking spaces to be decided later.
Town Manager Emmons stated the Ordinance does not state the number of parking spaces; that the
Council has the authority to set the number during the site plan process. Emmons presented a
site concept with six parking places; commenting that the Town cannot approve a waiver based
on the Design Standard, if denied the parking spaces will come back to Council at a future dates.
Mayor Sanders explained that a gravel parking lot does not meet the Town’s Design Standards and
recalled the options as identified the Pre-Council workshop. The first option would be to change
the standards to allow for this type of facility, or secondly deal with the issue of parking which
Council has the ability to grant a waiver to the number of parking places required for a building.
The applicant has allowed for six parking spaces; however staff has counted as many as 20 cars
parked in these lots.
Mayor Pro Tem feels like we should move to deny the waiver and that Beck needs to work with the
Country Club and the staff to understand what the current parking requirements are at the facility.
Motion made by Williams, seconded by Sterling to deny a waiver.
Mayor Pro Tem Williams commented the Town could allow concrete parking lots if the Council changed
the Design Standards in a commercially zoned area but it would take approximately 60 days.
Mr. Beck clarified if he were to build a concrete apron, the same as constructed by the MUDs, Council
would approve. Council agreed.
Williams withdrew the motion, the second agreed. No action was taken.
Council took a 10 minute break.
E.6 Discuss and take appropriate action repealing Resolution 2006-08 and adopting a new
Resolution appointing members to serve on EDC 4A, EDC 4B, Planning and Zoning Commission,
Tree Board and the Zoning Board of Adjustment.
Mayor Sanders explained in places where there are more applicants than opened seats; Council may
make nominations to be voted upon.
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Council addressed the appointments in the sequence listed in the packet.
There were four vacant seats on EDC 4A, two whose terms expired and two who had resigned. Mayor
Sanders preference is for a Council member to serve on EDC 4A with voting rights.
Motion made by Williams, seconded by Sterling to appoint the three applicants, J.D. Harvey, Neil
Twomey, Leland Wilhelm and to appoint Council member Edstrom to serve.
Council member Lamont questioned if a conflict existed with Neil Twomey serving on EDC 4A and being
a MUD Director. Council member Edstrom does see a conflict as everything goes before Council
for approval. Council member Cates believes that a conflict might be valid if there were more
applicants; however Cates thinks Neil has served very well in the past. Council member Sterling
agreed with Cates and thinks it more important to have five people willing to serve.
Motion passed unanimously without further discussion.
There were two vacant seats on EDC 4B. Staff originally presented three vacancies but confirmed that
Rebecca Shuman’s term expires in 2007.
Motion made by Williams, seconded by Lamont to appoint Council member Sterling to EDC 4B as the
Council representative, Lamont seconded.
Mayor Sanders provided that EDC 4B can be composed of seven members, at least three of the Board
members shall not be Council members and no more than 2 Board members shall be Council
members.
Motion to appoint Sterling passed unanimously without any discussion.
Motion made by Williams, seconded Sterling to appoint Cy Holley and Daniel Humbert to the other two
vacancies.
Mayor Pro Tem Williams believes that Mr. Holley would be very instrumental helping find and promote
future economic development.
Staff acknowledged that there are only two vacant seats, one just filled by Council member Sterling.
Williams modified his motion, the second agreed to appoint Cy Holley.
Motion passed unanimously without further discussion.
There were three vacant seats on the Planning and Zoning commission and four applicants. Mayor
Sanders opened the floor for nominations.
Mayor Pro Tem Williams nominated Dennis Sheridan, Council member Edstrom nominated James
Stephens, Council member Cates nominated Robert Ashby and Council member Lamont
nominated Alejandro Sanchez.
Council member Edstrom commented about the continued misunderstanding of diversity when it comes
to the Planning & Zoning Commission. Edstrom supports James Stephens and believes that his
comments during a Public Hearing were misconstrued by those not familiar with the process.
Mayor Pro Tem Williams supports Dennis Sheridan as a valuable member of the Commission and his
attendance at the Council meetings.
Council member Lamont supports Sheridan and Ashby, but not Stephens due to what he believes as lack
of quorum and conduct during the DR Horton Public Hearings.
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Gene Hill, 11 Cypress Court – Provided the background for each of the P & Z candidates wishing for
reappointment. Hill recommended re-appointment of the existing P & Z Commission members
Bob Ashby 4 Mesa Ridge – Requested that the Council look at the overall commitment, expertise and
passion that each P & Z member serves the Town with.
Jim Moss, 979 Trophy Club Drive – Urged the Council to disregard petty and vindictive statements from
others, based solely on a difference of opinion.
Clayton Reed, 23 Timberline Drive – Believes James Stephens is very capable and knowledgeable,
concurred with Mr. Moss and requested that Council approve all re-appointments.
Dennis Sheridan, 1 Hillcrest Court – Thanked Council for their support and requested support for both
Stephens and Ashby, stating that these members bring a diversity of thought, experience and
background to the table, allowing them to make informed recommendations to the Town Council.
Council member Lamont objected to the comments made by Jim Moss, stating that he does not support
James Stephen due to his individual comments.
Jim Moss asked that the Mayor not allow a Council member to respond to a resident’s comments as he
believes that it violates Council’s Procedures Manual. Mayor Sanders has always allowed for
the Council to speak, then the residents, and then the Council again. Sanders said that this
policy maybe too lax and he will review the manual and would discuss with Mr. Moss at a later
time if Moss requested. Moss thinks that it was wrong for the Mayor to allow a Council member
to rebut a resident’s comment and does not think that it should be allowed. Mayor Sanders said
that both Moss and Lamont were out of order as both were addressing each other personally
about each others feeling and not about the subject that is germane.
Council member Cates said that as a resident of the Lakes, she is aware of comments that are being
made generalizing the Lake’s resident’s beliefs that are not the consensus of everyone who lives
there. Mayor Sanders appreciated Cates comment and thinks that all need to be counseled on
speaking in generality, pro or con on an issue and not speaking for another without their
permission.
Council member Edstrom thanked Dennis Sheridan for his examples of diversity; thought, experience and
background.
Mayor Sanders called for the vote appointing Dennis Sheridan to the P & Z Commission. Vote passed
5:0 with all members voting for.
Vote appointing James Stephens passed 3:2 with Williams, Cates and Edstrom voting for and Sterling
and Lamont voting against.
Vote appointing Robert Ashby, passed 5:0 with all members voting for.
Vote appointing Alejandro Sanchez, failed 2:3 with Lamont and Sterling voting for and Williams, Cates
and Edstrom against.
There were three vacant seats on the Tree Board and one application from Bob Downey.
Motion made by Edstrom, seconded by Williams to appointed Bob Downey.
Motion passed unanimously without any discussion, leaving one opening on the Tree Board.
Appointments to the Zoning Board of Adjustment have not occurred in two years. Kerin Fleck added that
ZBA meets only when it is necessary, the most convenient time for this group to meet is late
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afternoon; It has been very difficult to get the current members lined up, especially the Chairman,
for a meeting, causing applications to be delayed.
Mayor Sanders announced a total of nine vacant seats, five seats and four alternate seats. Sanders
confirmed five applicants.
Motion made by Edstrom, seconded by Sterling to appoint, Margi Cantrell, Bob Radder, Kathleen Wilson,
Jim Aenchbacher and Robert Downey.
Mayor Pro Tem Williams questioned if a Council member could serve on the ZBA. Town Attorney Adams
said no.
Motion passed unanimously to appoint the five applicants to ZBA.
E.7 Discuss and take appropriate action regarding an Ordinance amending Article VIII , "Schedule of
Fees", Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03
(L), “Health Permits”, (Y), “Stormwater Drainage Utility” and (AA) “Tree Preservation.”
Town Manager Emmons explained that this was presented to Council last week. The Administration of
Health Permits and Stormwater fees are budgeted items and the portion on Tree Preservation is
new, resulting from the Tree Board’s meeting last week and a tree mitigation process.
Motion made Lamont, seconded by Edstrom to approve an Ordinance amending Article VIII, "Schedule of
Fees", Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending Sections 8.03
(L), “Health Permits”, (Y), “Stormwater Drainage Utility” and (AA) “Tree Preservation.
Council debated the mitigation language and requirements.
Per Mayor Pro Tem William’s request, Town Manager Emmons to explain the mitigation fee. Community
Development Director Gregory spoke to the recent experience with an applicant requesting a tree
Council Member Susan Edstrom explains the reason that the Tree Board wanted to charge more is
because of the length of time it takes to replace a tree.
Williams amended the motion to $150.00 per caliper inch, Lamont seconded.
Motion to approve the amendment tied 2:2 with Cates and Williams voting for and Edstrom and Lamont
against.
Mayor Sanders broke the tie vote by voting against the amendment. Amended motion failed 2:3.
Motion to amend made by Edstrom, seconded by Lamont to approve the Ordinance amending Article VIII,
"Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled “Administration”, by amending
Sections 8.03 (L), “Health Permits”, (Y), “Stormwater Drainage Utility”, striking section (AA) “Tree
Preservation and referring this section to a future meeting, requesting that the members of the
Tree Board be present to discuss.
Motion to amend passed unanimously without any discussion.
Main motion passed unanimously.
E.8 Discuss and take appropriate action relative to an Ordinance amending Chapter 12 of the Code
of Ordinances, entitled “Subdivision Rules and Regulations”, Article VIII, “Tree Preservation and
Removal”, amending Sections 8.01 through 8.13 to clarify the applicability of the Town’s Tree
Preservation Ordinance.
Motion made by Edstrom, seconded by Sterling to a date certain, requesting that the Tree Board attend
the meeting.
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Motion passed unanimously without any discussion.
E.9 Discuss and take appropriate action to award a contract for Town Planner Services pursuant to
responses to a Request for Proposals and authorizing termination of the Town's contract with the
current planner.
Town Manager Emmons, based on evaluation criteria, staff recommends Teague Nall & Perkins.
Motion made by Williams, seconded by Edstrom to award a contract for Town Planner Services to
Teague Nall & Perkins.
Mayor Pro Tem Williams no doubt Teague Nall & Perkins is the Planner, excellent analysis.
Mayor Sanders added that Mitchell Planning Group submitted a letter cancelling their contract
immediately.
Motion passed unanimously without further discussion.
E.10 Council to discuss and provide input regarding the procedures by which Council will move
forward on Vision 2010.
Mayor Sanders has been researching this with other Mayors and City Managers. Sanders suggested that
Council not take action at this time, but rather allow both he and the Town Manager get the
background on a few consultants and then present to Council. Council needs to understand what
their vision is, thereby providing better direction to a group. Sanders said that a consultant costs
$3 – $5,000.
Town Attorney Adams provided if over $3,000 we would need three quotes.
Council member Edstrom believes the right consultant, who specializes in visioning would be beneficial.
Mayor Pro Tem Williams agreed, stating that he was not a proponent of the Vision 2008 project,
which is why he is on the Council.
Council member Lamont said this seems inexpensive, we are creating the vision and the consultant is
packaging the vision. Town Manager said a facilitator will help guide the process and pull it
together, need to look at how much time the Council wants to dedicate to this. Mayor Sanders
added that long range planning is going to cost more as it has a bigger financial impact and is
definitely needed.
Council requested the Mayor and Town Manager gather information and come back with a detailed
proposal.
No action taken.
E.11 Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled,
"Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending
Sections 2.05 entitled, "Parking", Subsection B.
Motion made by Sterling, seconded by Edstrom to approve an Ordinance amending Chapter 10 entitled,
"Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending
Sections 2.05 entitled, "Parking", Subsection B.
Mayor Pro Tem Williams confirmed that the no parking signs will go up on Village Trail by the school.
Williams asked Chief Kniffen to keep the Council updated on enforcement issues, allowing the
Council to make changes if necessary.
Motion passed unanimously without further discussion.
E.12 Discuss and take appropriate action to approve financials dated August 2006.
Motion made by Edstrom, seconded by Williams to approve financials dated August 2006.
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Motion passed unanimously without further discussion.
E.13 Discuss the procedures and provide direction for moving forward on future amendments to the
Town Charter.
Mayor Sanders gave the following options; form a commission to suggest amendment, have staff make
suggestions, have staff and Council make suggestions or have Council make suggestions.
Motion made by Williams, seconded by Edstrom to appoint two members of Council to work with Town
Manager to formulate suggested changes for Charter amendments, to communicate adequately
to the citizens requesting their input and provide the recommendations to the Council no later
than January.
Williams amended the motion adding the Town Attorney, the second agreed.
Motion passed unanimously.
Council member Cates nominated Williams and Lamont to serve on this task force.
Motion passed unanimously without further discussion.
E.14 Discuss and take appropriate action to approve Minutes dated, August 7, 2006.
Motion made by Edstrom, seconded by Lamont to approve Minutes dated, August 7, 2006.
Council member Lamont corrected that Item D.1 should have ‘no’ in front of tax rate increase.
Edstrom amended the motion to include this changed, the second agreed.
Motion passed 5:0:1 with Council member Cates abstaining.
E.15 Items for Future Agenda.
Discuss and provided direction to the Town Manager about periodic reports from Departments that are
over budget.
F.1 Town Manager Emmons gave the following report:
Administration:
The Town Council meeting from tonight will air on Channel 7 on Tuesday, Wednesday and Thursday at
6:00 P.M. and the Town Hall meeting scheduled for tomorrow will air Friday, Saturday and Sunday at
2:00 P.M.
The Town is currently accepting applications for the P & R Board.
Applications will be accepted through the month of October with Council appointments to occur in
November.
The Town also has a vacancy on the Ways and Means Advisory Group. This vacancy is open until filled.
Applications and required supplements can be downloaded from our website at: www.ci.trophyclub.tx.us,
obtained at the Municipal Utility District Building located at 100 Municipal Drive, emailed, faxed or mailed
to you. Inquiries or questions should be directed to Lisa Ramsey, Town Secretary at 682-831-4601or
lramsey@ci.trophyclub.tx.us.
Community Development:
Long Term Street Repairs
A Town Hall Meeting regarding recommended street reconstruction projects will be held on Tuesday,
September 19, 2006 at 7:00 pm in the Svore Municipal Building.
Streets
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From October 2nd through mid-December contractors will begin performing routine route and sealing of
the cracks and joints of the Town’s roadways
Storm Drains
The reconstruction of the Inverness Strom Drain System has handled the recent rainfall extremely well.
In one of the heaviest rains, water was not bypassing any of the inlets and the system carried the entire
load.
The Streets Department is systematically inspecting all of the storm drains within the Town to ensure they
are functioning, clean and in good condition to continue handle storm water runoff. Issues are being
addressed as they are found.
Finance:
Warrant Roundup Is Set for Week of September 16-24, 2006
Officers from over thirty-five (35) municipalities in Tarrant, Dallas, Collin, Rockwall and Denton Counties
will participate in region-wide warrant round-up. Persons with outstanding warrants or who are uncertain
whether they have warrants issued in Trophy Club can avoid arrest by contacting the Trophy Club
Municipal Court, 100 Municipal Drive, Trophy Club, TX 76262, 682-831-4660 and making appropriate
arrangements. A list of outstanding Trophy Club warrants is available on the Town’s website.
Parks and Recreation:
P & R is spraying the Asian Jasmine along sections of Trophy Club Drive and will be replanting with sod
in early October.
Planning and Zoning:
The Value Place Detailed Site Plan and the Final Plat for the Trophy Club Country Club will be presented
to the Planning & Zoning Commission, Thursday, 21 September. They are tentatively scheduled to be
forwarded to the Town Council 2 October 2006.
The Commission will also begin reviewing the Accessory Structure Ordinance, specific to storage
buildings located on golf course and public and private parks lots.
Police and Fire Services:
Police Services
Sergeant Lee Delk has been accepted to attend the Law Enforcement Management Institution of Texas
(LEMIT) - Leadership Command College beginning February 2007 and headquartered and supported by
Sam Houston State University. This is a very prestigious school and is recognized as one of the best of
its kind in the Nation.
G.1 Adjourn
Motion made by Edstrom, seconded by Williams to adjourn.
Motion passed unanimously, meeting adjourned at 10:43 p.m.
______________________________________ _____________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
32
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve the
October 2, 2006 Minutes.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. October 2, 2006 Minutes
33
MINUTES OF WORK SESSION/PUBLIC HEARING AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 2, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and Regular
Session on Monday, October 2, 2006. The meeting was held within the boundaries of the Town and was
open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member arrived at 8:16 P.M.
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
Gene Hill Planning and Zoning Chairman
Pauline Twomey P & R Board
Steve Gregory P & R Board
Steven Kohs P & R Board
David Glaser P & R Board
A.1 Mayor Sanders called the Regular Session to order at 6:33 p.m. noting a quorum was present.
Mayor Sanders moved Item A.2 to precede A.3.
A.2 Fire Chief Thomas gave the Invocation.
A.3 Work Session:
Town Manager Emmons spoke about Items D.1 and D.11. Under D.1 all items were presented to the P &
Z commission on 8-21. The zoning is already in place, should not be talking about land use, only
the submittals that are in the packet.
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P & Z Chairman Hill provided that the lights on the building will be downcast, the light fixtures are shielded
and the signage meets the Town Criteria. The neon tubes will not be seen in the neon lighting as
the neon tubes are set back. Hill said that the P & Z and staff feel that all Zoning requirements
have been met.
Town Manager Emmons noted that the median landscaping options will vary dependent on sequencing.
Option A is to be used at a minimum of 0% and a maximum of 33% and that median landscape
options may not vary within an individual median.
Mayor Pro Tem Williams commented that we were to save money by changing the medians to ground
cover which did not occur and voiced concern that we are too restrictive in order to try and save
costs when we have no idea of what will work. P & R Director Adams said that using effluent
water for the medians would help, as watering was a big cost this past year.
A.4 Mayor Sanders led the Pledges.
A.5 Citizen presentations.
No citizens addressed the Council.
A.6 A Proclamation of the Town Council of the Town of Trophy Club recognizing the month of
October as Relationship Violence Awareness Month.
Mayor Sanders read the Proclamation.
Motion made by Edstrom, seconded by Lamont approving the Proclamation.
Motion passed unanimously, proclaiming October Relationship Violence Awareness Month.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Mayor Sanders advised that Item B.1 is scheduled to go before the Master District on October 16th, and
confirmed that the money is budgeted under Court Security for the Town.
Finance Director Unger responded that the State requires the expenditure of Court monies be approved
by the Council.
This Item was removed from the Consent Agenda.
Motion made by Lamont, seconded by Cates approving Item B.1.
Motion passed unanimously without further discussion
B.1 Consent Agenda: Discuss and take appropriate action approving court security funds to allow the
doors in the annex building to be badge locked.
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:10 P.M.
PUBLIC HEARING
C.1 Public Hearing:
Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy
Wood Business Center for Final Detailed Site Plan approval for Tract 5, including a Landscape
Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan &
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Light Fixtures Illustrations, Sign Criteria, and Development Schedule. Applicant: David Johnston,
Quanah Hospitality Partners, LP, (SP-06-006).
Representative for Quanah, Rick Martin addressed the Council. Mr. Martin spoke to the presentation
which projected pictures of the proposed Value Place Hotel, the two security entrances into the
Hotel, the stone elevation, the entrances into the Hotel parking lot, the landscape plan, the small
monument sign, which piece of flex in front of the neon tubes.
Council member Cates questioned that the monument sign is too low for visibility. Council member
Edstrom does not see the height as an issue and Mayor Pro Tem Williams commented that most
people will have made online reservations.
P & Z Chairman Hill advised that the application is consistent with the Ordinance requirements and the P
& Z Commission passed this 4:0.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION7:21 P.M.
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an amendment to Town Ordinance No. 2002-41
P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval
for Tract 5, including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies,
Civil Site Plan, Photometric Plan & Light Fixtures Illustrations, Sign Criteria, and Development
Schedule. Applicant: David Johnston, Quanah Hospitality Partners, LP, (SP-06-006).
Motion made by Williams, seconded by Cates to approve.
Motion passed 3:1. Greg Lamont voted against. Ordinance 2006-39 approved.
D.2 Discuss and take appropriate action relative to:
Final Plat for Tract 1, Block 1 of The Trophy Club Country Club, an approximate 289.9 acre tract
of land located in the M. Medlin Survey, A-832, J. Eads Survey, A-392, J. Henry Survey, A-528,
C. Medlin Survey, A-823, J. Michael Survey, A-821, W. Medlin Survey, A-829, J. Michael Survey,
A-820, N. Pea Survey, A-1045. Applicant: Bob Terry, Survcon Inc.
Motion made by Lamont, seconded by Edstrom to approve.
Town Manager Emmons explained that the applicant is seeking permission to create a “blanket
easement”. This basically means wherever there is a utility line, there is an automatic easement.
The language they have proposed for the blanket easement is an easement twenty-five feet (25’)
in width created over and across and centered on any public utility lines that may exist on the
property except where utility lines are already covered by recorded easements. Any future public
utilities constructed across the property will require the dedication of the new easements to cover
utilities and such new easements will need to meet the requirements of and be approved by the
Town of Trophy Club.
P & Z Chairman Hill added that the P & Z Commission passed this 4:0 at their September 21st meeting.
Motion passed unanimously, w/o further discussion.
D.3 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement/Payment
Contribution Agreement between the Town of Trophy Club and the Trophy Club Master District
for a Joint Storage and Maintenance Building adjacent to the Wastewater Treatment Plant.
Town Manager Emmons explained that this building is located at the wastewater treatment plant. The
Town Council accepted the bid on this project on January 23rd, 2006, with the oversight being
performed by the Water and Wastewater Superintendent. The Town had originally intended to
pursue outside financing to pay its portion of the construction costs on this project. The Master
District suggested they be allowed to fund the entire cost of this project and the Town would then
execute a note with them for repayment of the Town’s portion. Subsequently, the concept was
changed to the Town renting space from the Master District for $7,000 a year for 20 years. The
Master District has approved this agreement.
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Finance Director Unger added that the original plan for the Town to pay back the MUDs was an annual
cost of $7,000. The MUDs have decided on a rental agreement, which is basically a lease to the
Town which charges interest. The MUDs in essence took their cash from TEXPOOL and loaned
it to the Town so that they would not loose interest.
Mayor Sanders commented that he had requested this verbal agreement be put into writing and therefore
is before Council.
Motion made by Edstrom, seconded by Williams to approve the Interlocal Cooperation
Agreement/Payment Contribution Agreement between the Town of Trophy Club and the Trophy
Club Master District for a Joint Storage and Maintenance Building adjacent to the Wastewater
Treatment Plant.
Mayor Pro Tem Williams asked if the Town has maintenance responsibilities considering it is a rental
agreement and commented that it is a strange agreement. Town Manager Emmons answered
that the Town is responsible for 50% of the maintenance for 20 years.
Mayor Sanders confirmed that the MUDs would carry the insurance.
Both Council members Cates and Lamont feel that this is a standard agreement.
Council member Cates is concerned about the portion of the building that the Town will be able to occupy
at the end of the lease
Mayor Pro Tem Williams and Council members Cates and Lamont feel that Any further apportionment of
the use of the Building shall be as agreed upon by the Town Manager and MUD Manager in 2.01
needs to be removed as it is confusing.
Council member Cates thinks that the 10-day reference under the Termination clause is unreasonable.
Town Attorney explained that the 10 days is normally used for payment issues.
Council member Edstrom believes that the day to day operations should be managed by the Town
Manager and the MUD Manager and suggested striking the 2nd sentence of 2.01and 2.02.
Motion to amend made by Williams, seconded by Cates to delete the second sentence 2.01 C.
Amendment passed unanimously.
Town Manager Emmons suggested that the Council remove this language from 2.02 B as well.
Motion to amend made by Williams, seconded by Cates to delete the second sentence 2.02 B.
Council member Edstrom asked for the Attorney’s opinion. Town Attorney Adams responded that is all in
how the Council would like this managed.
Mayor Sanders suggested that the Town Manager and Attorney work on rewording Section 7 and present
on the October 16th Consent Agenda. Council also directed Town Manager Emmons to take the
revised agreement to the Master District for approval.
Motion made by Edstrom, seconded by Williams to refer to the October 16th meeting.
Motion to refer passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding future allocation of Parkland dedication monies.
Town Manager Emmons explained the Trophy Club Youth Baseball has requested to use the Park Land
Dedication fees for the funding of shade structures over the bleachers at Independence Park.
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Town staff has identified the need for eventually laying an effluent water line to Harmony Park as
another possible use for those funds. Staff is seeking direction for the process Council wishes to
use for allocation of these funds.
P & R Chairperson, Pauline Twomey called the P & R Board to order at 7:55 P.M.
P & R Director Adams asked for Council to consider two shade structures on each field, a total of four.
Motion made by Edstrom, seconded by Lamont to approve the allocation of funds for four shade
structures.
Mayor Pro Tem Williams questioned how much the Sports Association is willing to contribute. P & R
Director Adams does not believe the Association’s savings is that substantial but may be willing
to pick up the short fall.
Council member Edstrom asked if the Baseball Association would have a problem if only one side of each
field was shaded.
Mayor Pro Tem Williams would prefer to spend the money to put in the effluent water line, and we do not
have enough money to put up all shade structures.
Council member Edstrom added that shade structures for the soccer fields be presented to Town under
the Harmony Park improvement project and questioned what Centurion would be able to
contribute. Both Mayor Sanders and Town Manager Emmons confirmed that we would not
receive cash in lieu of parklands from Centurion.
Council member Cates feels it would look ridiculous to cover only one side of the field and to either cover
either sides or none at all.
Council member Lamont asked if Roanoke could contribute. Council member Edstrom responded that
municipalities could not spend in other municipalities.
Mayor Sanders feels that it should be both sides as opposed to only one and his preference is that this be
left as an administration decision. Council member Edstrom added the decision should be made
with the Association’s preference.
Mayor Pro Tem Williams questioned the longevity.
Motion made for the appropriation of four shade structures passed 3:1, with Lamont, Cates and Edstrom
voting for and Williams voting against.
D.5 Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an annual
payment of $60,000 for 10 years with the proceeds of the note funded by this payment being
utilized for park improvements, and authorizing the Town Manager to seek financing.
Town Manager Emmons stated that EDC-A agreed to front $60,000 plus fund an annual note payment of
$60,000 to be used for improvements in our existing park system. All of these funds would be
utilized in Harmony Park.
Motion made by Edstrom, seconded by Cates authorizing EDC 4A, per EDC 4A’s recommendation to use
the funds at Harmony Park) to expend $60,000, plus fund an annual payment of $60,000 for 10
years with the proceeds of the note funded by this payment being utilized for park improvements,
and authorizing the Town Manager to seek financing.
Mayor Pro Tem Williams is opposed to spending this amount on lights and asked if anyone spoke to the
residents.
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Council member Edstrom clarified that it has been amended for lighting at two soccer fields at the cost of
$163,000.
Council Member Cates asked the P & R Board to comment.
Steve Gregory, 205 Pebble Beach Drive - Requested that the Council support what the EDC’s have
already reviewed. The P & R Board have completed a needs assessment and prioritized the
needs with the idea to improve the functionality of the parks and maintain what they currently
have. There is always going to be people against new development and improvement, but the
Board feels it is important to invest in the Parks to improve the resident’s quality of life.
Mayor Pro Tem Williams said that just like the Bond for the pool, the Town took out the financing when
the EDCs should have and feel that the EDCs should do this as well.
Town Manager Emmons provided that the Town would be able to receive better financing. Finance
Director Unger added that EDC A was adamant these funds go to Harmony park and would
probably not have a problem financing if the Town agrees to co-sign.
The mover clarified the motion was for the intent that the funds be used at Harmony Park; the second
agreed.
Mayor Sanders questioned the amount estimated for next year’s budget. P & R Director Adams advised
the cost for operation was not included in the budget. Sanders spoke in favor of lighting and this
allows EDC 4A to do something effective with the money, and is concerned the electricity for
lighting is not in the budget. Sanders commended the P & R Board and staff.
Council member Edstrom feels the restroom renovations need to be done. The lighting and shade
structure is a necessity and would provide parity on the soccer fields as with the baseball fields.
Mayor Pro Tem Williams questioned what impact this has for the Town to qualify for future financing
should they finance this. Finance Director Unger does not see a problem.
Williams was surprised that EDC 4A was not represented and moved to refer to a future meeting,
requesting that staff investigate the cost of financing, provide an option for electricity and to
include a recommendation on how to fund and pay for the electricity; Lamont seconded.
Council member Edstrom reassured that the improvements will not take place until the monies are
budgeted and the EDCs will not ask for the Council to fund an item that is not approved
P & R member, Chris McCollister commented that the lighting is for practicality and a convenience from a
scheduling standpoint
Motion to refer tied 2:2:1, with Williams and Lamont voting for, Cates and Edstrom voting against and
Sterling abstaining.
Mayor Sanders broke the tie vote. Motion to refer passed 3:2:1. Sanders supports the improvements but
would like to see the facts prior to formalizing.
D.6 Discuss and take appropriate action to authorize EDC 4B to expend up to $30,000 in matching
funds for the Marshall Creek Park grant.
Town Manager Emmons explained that that the grant would allow improvements to MCP for trails and
restroom facilities.
Motion made by Edstrom, seconded by Williams authorizing EDC 4B to expend up to $30,000 in
matching funds for the Marshall Creek Park grant.
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Motion passed unanimously without further discussion.
P & R Board adjourned at 8:45 P.M.
D.7 Discuss and take appropriate action for utilization of Child Safety Funds.
Town Manager Emmons provided that Council had previously requested more information. Staff
identified the vehicle was a high priority for the SRO to be able to use the car specifically
equipped for his job function.
Police Chief Kniffen gave a presentation explaining the various ways the money could be spent.
Catalogs were passed out showing various SRO programs, most programs have already been
taught or the SRO is currently teaching in the schools now. Chief Kniffen explained the SRO’s
function, and the areas the SRO serves.
Town Manager Emmons suggested that the Council authorizing the staff to use the funds for a vehicle,
with the possibility of waiting until November for next year’s funds.
Council member Cates commented that the Town currently has a vehicle equipped for investigation of
crime and questioned the average cost of maintenance, and if the vehicle would be used
specifically for the SRO program.
Council member Lamont questioned if the SRO served kids only in Trophy Club and through the NISD.
Chief Kniffen answered that the SRO program was for the NISD.
Both Mayor Pro Tem Williams and Council member Lamont understood that the SRO served only Trophy
Club and questioned if the Town was receiving reimbursement for the SRO’s utilization in other
cities.
Mayor Sanders called Council’s attention back to the posted item, explaining that Council was not posted
to discuss the SRO function but rather the vehicle.
Council member Sterling is not convinced that there is not a better use for the funds and suggested guest
speakers for anti drug campaigns.
Council member Edstrom explained that the presentation was not what Council had asked for; she
wanted to know what the options that were available under this Grant are. According to her
research, Edstrom questioned that Legislation intended for these funds to be used for an
operation expense.
Town Manager Emmons commented the presentation was an attempt to provide examples of how the
funds could be used and that Legislation is very vague about programs that can be used.
Mayor Pro Tem Williams agree with Edstrom and said they are looking for dollar options; the cost to do
other programs.
Motion made by Cates, seconded by Edstrom to refer pending additional information provided by staff.
Motion to refer passed unanimously without further discussion.
Council member Edstrom said she would provide specific questions and direction to Town Manager
Emmons at a later time.
Bob Radder, 1 Lee Court - Thanked Chief Kniffen for his presentation and the Council to consider how
much time the SRO spends with each child and the job that he does. Radder would support
spending grant money rather than Town money for this issue.
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Mayor Sanders commented it was inappropriate for Council to wait until the last minute to ask all of these
questions as staff worked very hard preparing at the last minute and did not have appropriate
time to react to Council’s questions.
D.8 Discuss and take appropriate action regarding a Resolution to reimburse the Town for Street
Improvement Expenditures made prior to the issuance of obligations in connection with such
expenditures for the purpose of constructing and improving Town Streets.
Town Manager Emmons explained expenditures for reimbursement would enable staff to begin work on
Phase One of the road reconstruction project. This will include the expenditure of engineering
funds and the preparation, publication and acceptance of bids prior to the March sale of bonds,
and would allow the Town to take advantage next year’s favorable weather and complete the
project prior to the 2007 holiday season.
Motion made by Williams, seconded by Edstrom approving a Resolution to reimburse the Town for Street
Improvement Expenditures made prior to the issuance of obligations in connection with such
expenditures for the purpose of constructing and improving Town Streets.
Motion passed unanimous without further discussion
D.9 Discuss and take appropriate action relative to an Ordinance amending Chapter 12 of the Code
of Ordinances, entitled “Subdivision Rules and Regulations”, Article VIII, “Tree Preservation and
Removal”, amending Sections 8.01 through 8.13 to clarify the applicability of the Town’s Tree
Preservation Ordinance.
Town Manager Emmons referenced page 123 of the packet, explaining the changes due to a last minute
discussion of the mitigation of trees. Emmons referred the explanation of the methodology to P &
R Director Adam.
Adams provided that 1 ½ times mitigation is not punitive and is the same as in other cities.
Motion made by Edstrom, seconded by Sterling approving an Ordinance amending Chapter 12 of the
Code of Ordinances, entitled “Subdivision Rules and Regulations”, Article VIII, “Tree Preservation
and Removal”, amending Sections 8.01 through 8.13 to clarify the applicability of the Town’s Tree
Preservation Ordinance.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action regarding an Ordinance amending Article VIII, "Schedule of
Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by adding Section 8.03
(AA) "Tree Preservation."
Town Manager Emmons explained that this item allow the Schedule of Fees to be adjusted according to
the amendments made to the Ordinance in Item D.9.
Motion made by Edstrom, seconded by Sterling approving an Ordinance amending Article VIII, "Schedule
of Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by adding Section 8.03
(AA) "Tree Preservation."
Council member Sterling questioned how the fee is set. Town Manager Emmons answered the Tree
Board established the number.
Edstrom amended the motion to 150-caliber inch as per the Ordinance in Item D.9, the seconded agreed.
Motion approving an Ordinance amending Article VIII, "Schedule of Fees", Chapter 1 of the Code of
Ordinances, entitled "Administration", by adding Section 8.03 (AA) "Tree Preservation," passed
unanimously.
Town Council took a ten-minute break and returned at 9:40 P.M.
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D.11 Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
Town Manager Emmons advised that the water conservation and maintenance issues have caused staff
to alter existing median designs and explained the recommended changes to address those
issues.
Town Attorney Adams added that similar to the Building Standards, the Town sets it and they meet the
formula.
Mayor Sanders commented that most of the medians along Indian Creek and Trophy Club Drive are
greater than 50%.
Mayor Pro Tem Williams likes the trees on Indian Creek and thought that the Asian Jasmine was a good
idea, but not good results. Williams questioned if current standards allowed pavers over trees.
Council member Edstrom confirmed that Council could approved one of the three options, or they could
approved all three as options for middle; turf, season of colors and pavers. Edstrom is concerned
that Council is uncertain of what they are approving.
Council member Lamont is ok with 50% and questioned how much is would cost to include pavers.
Finance Director Unger stated that the Town of Westlake has pavers and has not had issues.
P & R Director Adams provided that it would be eight years until the Council saw the savings.
Council member Cates is concerned we will look like Los Angles.
Mayor Sanders disagreed and noted with water costs going up, adjustments would have to be made and
Council would need to determine an acceptable level. Sanders said all the medians along the
future Trophy Club Drive would be done in the PID, as per the proposal.
Town Manager Emmons added this is setting a standard for future submittals, it would allow more
flexibility in the future by being more stringent today. If Council did not like the changes, they
could change it again in three months, at which point the developer could work under both
ordinances.
Motion made by Lamont, seconded by Cates to replace the note on Figure 1-7, page 2 of 3, The median
landscaping design shall include Option A and shall alternate Option A with Option B or Option C.
Lamont modified the motion to include the tree wells not to exceed 8 feet centered on the width of the
tree. The second agreed to the modification.
Motion passed 3:2, with Lamont, Cates and Sterling voting for and Williams and Edstrom voting against.
Motion made by Cates, seconded by Edstrom to reconsider.
Motion to reconsider passed 3:1:1, with Williams, Edstrom and Cates voting for, Lamont voting against
and Sterling abstaining.
Motion to amend made by Williams, seconded by Cates to amend striking B and C and the note on
Figure 1-7, page 2 of 3.
The amended motion failed 2:2:1, with Williams and Cates voting for, Lamont and Edstrom against and
Sterling abstaining.
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Motion made by Williams, seconded by Edstrom to extend the Council meeting passed 11:00 P.M.
Motion passed unanimously without any discussion.
Mayor Sanders advised that if the motion on the table was voted down, the item is as it was presented.
Sanders clarified the movers modification of the motion to replace the note on Figure 1-7, page 2
of 3, the median landscaping design shall include Option A and shall alternate Option A with
Option B or Option C and the tree wells not to exceed 8 feet centered on the width of the tree.
The second agreed the medication.
Motion failed 1:4, with Lamont voting for and Williams, Cates, Edstrom and Sterling voting against.
D.12 Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards
for the Repair, Removal or Demolition of Substandard Buildings and establishing Building
Standards Commission for the Town.
Motion made by Edstrom, seconded by Cates to refer until the October 16th meeting.
Bob Radder, 1 Lee Court – Questioned the impact this would have on the builder coming into Town.
Council member Edstrom explained that this Ordinance relates to buildings currently on the ground.
Motion to refer passed unanimously.
D.13 Items for Future Agenda.
10/16/06
Discuss and take appropriate action regarding an Interlocal agreement with Southlake and Roanoke for
animal control.
Discuss and take appropriate action regarding an Ordinance amending "Design Standards", as it relates
to medians of the Code of Ordinances.
Discuss and take appropriate action regarding the amendment to Ordinance 2002-44, extending the
Franchise contract with Charter communications.
Items for Future Agendas – Dates to be Determined
Discussion about storm water discharge from pools.
Review of the Building Standards Ordinance (specifically maintenance of all buildings and the allowance
of metal buildings)
Discuss and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations",
Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative
to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Consideration of enactment of Hotel/Motel Tax.
D.14 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be
no action taken regarding any individual project posted under this item and discussion will be
limited. If extensive discussion is required, the item may be placed on a future agenda.
E.1 Adjourn.
Motion made by Williams, seconded by Sterling to adjourn.
Meeting adjourned at 11:13 P.M.
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_____________________________________ ______________________________________
Lisa Ramsey, 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: 11-20-2006
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action to approve the
October 16, 2006 Minutes.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. October 16, 2006 Minutes
45
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 16, 2006
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, October 16,
2006. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Danny Thomas Fire Chief
A.1 Mayor Sanders called a quorum at 7:00 P.M.
A.2 Mayor Sanders gave the Invocation.
A.3 Cub Scout Pack 328 performed a flag ceremony and led the Pledges.
Mayor Sanders introduced Danny Hodges, TXU Community Relations Manager.
A.4 Citizen presentations.
Kathleen Wilson, 34 Meadowbrook – Requested that the Council consider an Ordinance requiring bike
helmets.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Town Manager Emmons advised that the Master District approved the Interlocal Cooperation
Agreement/Payment Contribution Agreement with October 2, amendments made by the Council.
Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, Item B.1.
Motion passed unanimously without further discussion
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B.1 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement/Payment Contribution Agreement between Town of Trophy Club and Trophy Club
Master District for a Joint Storage and Maintenance Building adjacent to the Wastewater
Treatment Plant.
End of Consent Agenda
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII of the
Code of Ordinances, Standards for the Repair, Removal or Demolition of Substandard Buildings
and establishing a Building Standards Commission for the Town.
Town Manager Emmons explained this ordinance will add a Building Standards Commission to our
existing Standards for the Repair, Removal or Demolition of Substandard Buildings. This
Commission would allow for code enforcement issues to be resolved prior to going through
municipal or civil court as they would hear appeals with regard to the Town’s building standards
and also expands the definition of dangerous buildings and provides for additional minimum
standards.
Council member Lamont questioned if this Ordinance would address the issue of boarded up apartments
at the Quorum Apartments and broken garage doors. Town Manager Emmons responded that if
the building is bordered up but not secure from the outside, yes, if boarded up only to prevent
entry, no. This Ordinance would apply to garage doors that are in non-functioning order.
Mayor Sanders asked if Section 2.2 (d) Removal, Filling of Vacancies is covered under the Committee
Handbook currently being revised. Town Attorney responded that Chapter 52 of Local
Government Code governs this policy and that State Law requires a Public Hearing for the
removal of a board member if requested. Sanders is also concerned that it will be hard for this
group to meet when necessary as their meeting will happen so infrequently.
Mayor Pro Tem Williams commented that we currently have issues getting residents to serve on the
already established Boards and Committees and sees this as another level of bureaucracy.
Town Attorney Adams explained that this is an additional tool that the Town may want to consider as it
ages and would allow for remedies civilly, outside of court.
Council member Edstrom said that she had received resident feedback to review the standards for aging
property in order to ensure their property values would not go down. Based on this feedback she
requested that staff look into the Ordinance.
Council member Sterling thinks that Article 2 needs to be removed, suggesting that the Council used this
draft as the framework and serve in the capacity of the Commission. Town Attorney Adams
explained that Council is serving in this capacity under the existing Ordinance.
Mayor Sanders confirmed that some of the Council members liked the idea of a Building Standards
Commission and others did not see a value. Sanders suggested staff come back at a future date
with additional history and support in order to justify.
C.2 Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an annual
payment of $60,000 for 10 years with the proceeds of the note funded by this payment being
utilized for park improvements, and authorizing the Town Manager to seek financing.
Town Manager Emmons explained that this is the second time that this has been brought forth. Emmons
explained that alternatives for the payment of the additional electrical costs if the lights are
installed in time for use during the current fiscal year are as follows:
47
• TXU has provided us with a revised rate schedule for this year that indicates a decline in
electrical rates of approximately 12%, thus we probably have some available funds in our
current budget that could be shifted to the parks budget to cover the additional cost.
• While no vote was taken, there appeared to be a consensus on EDC 4A to cover any
additional costs that were incurred in the current fiscal year as a result of these projects.
• The soccer association appears to have enough reserves that they could potentially
cover the additional electrical costs in the current fiscal year.
• The construction of the lights could be postponed until the end of the current fiscal year in
order to allow the budget to be adjusted for next fiscal year.
Mayor Sanders called on J.D. Harvey/EDC 4B Board member who advised that they would not pay for
electricity but might pay for the additional cost of installation as the monies are not meant to
handle operational costs, but rather should be used for the functionality of the programs. Harvey
questioned the lack of controls on the lights at Independence Park and suggested that controls be
implemented and timing corrected which would save money.
P & R Director Adams said that Soccer Association President, Steve List, would think about curtailing
some of the costs, but prefers to wait 60 days to see what happens with the pending
development. List is in favor of moving forward on funding for items in list, excluding the shade
structure and field lighting.
Mayor Sanders updated that the anticipated date to have the final PID agreement is late February 2007.
Sanders said that he is not in favor of taking out another note after the fact and said that although
TXU rates are going down, the savings will not cover the overages at 100%.
Mayor Pro Tem Williams requested and agreement with the EDC’s stating their intentions to fund the
Town $60,000 every year for reimbursement.
Motion made by Edstrom, seconded by Williams to authorize EDC 4A to draft an agreement, approving
the expenditure of $60,000, plus fund an annual payment of $60,000 for 10 years with the
proceeds of the note funded by this payment being utilized for park improvements to include
items 1 -4 of the packet and required costs and authorizing the Town Manager to seek financing.
1. Restroom renovations $120,000
2. Creation of an additional parking lot $50,000
3. Lighting of that parking lot $25,000
4. Playground shade structure $37,000
Council member Edstrom supports all of the items and requested that P & R Director Adams keep the
Council updated on the progress.
J.D. Harvey clarified that this discussion relates to upgrades at Harmony Park.
Edstrom amended her motion to include improvement at Harmony Park, the second agreed.
Mayor Sanders suggested moving forward on these four items, asking that Town Manager Emmons
direct staff to come back with a recommendation on lighting and stated the motion currently on
the table.
Edstrom amended her motion to include Town Funded, the second agreed.
Motion passed unanimously without further discussion.
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C.3 Discuss and take appropriate action regarding the nomination of one person to serve on the
Board of Directors of Denton County Transportation Authority.
Mayor Sanders noted that this group meets on the forth Thursday of the month from 3-5 PM. Sanders
spoke to the Directors whose term will be expiring stating that Bill Walker is very active; he works
at Hillwood, attends the NW Metroport, NW Community Partnership and participates in the
Regional Transportation Group and is a resident of Roanoke.
Town Manager Emmons added that the individual Council nominates should have a good transportation
background in order to provide knowledgeable representation for the Town.
Motion made by Edstrom, seconded by Lamont nominating Bill Walker.
Council member Edstrom knows Mr. Walker very well and explained that he is well connected due to his
job at Hillwood.
Mayor Pro Tem Williams asked if there were any other requests for nomination. Mayor Sanders was not
aware of any other requests and believes that Mr. Walker would do a good job representing the
Town due to his regional knowledge.
Motion passed unanimously without further discussion
C.4 Discuss and take appropriate action regarding a Resolution adopting ICMA RC Deferred
Compensation Plan.
Town Manager Emmons explained that this benefit is currently being offered by MetLife, formally
CitiStreet, but has been very inactive in their administration. ICMA is a non-profit organization
and the administration fees are based on the participants. The Town would not make any
contributions, as this would be a supplemental benefit only. This plan is a steady investment tool
that would allow for pre tax deduction; their representative is out of Fort Worth and would be able
to service our needs. Emmons added this would be an opportunity for the Town Council to offer
a benefit to the employees without a cost to the Town. ICMA will perform the initial enrollment
administration and the Town will administer new enrollees and changes.
Motion made by Edstrom, seconded by Council member Sterling to approve
Council member Sterling asked about the sidecar listed under section 4 of the Resolution. Town
Manager Emmons explained you cannot have an individual IRA attached to this plan.
Mayor Pro Tem Williams questioned if there were limitations on how much an employee can contribute to
an IRA with the deferred comp. Town Manager Emmons explained the 457 is the vehicle for the
public employee to participate in a 401K plan as they are not eligible to participate in normally
and there are provisions to this.
Council member Cates has a lot of experience with retirement benefits and asked if ICMA could provide a
prospectus, so that the best plan could be offered to the employees.
Mayor Pro Tem Williams asked about the Town’s fiduciary responsibility and said the Council needs to
understand the fund and the turnover in order to understand the hidden fee. Emmons stated he
has experience with ICMA, who is the leading 457 provider for the state. ICMA is not for profit;
the representative is paid on a salary basis so he will not push a selective fund family, as there
would be no incentive to do so.
Town Manager Emmons explained there would not be a fee charged to the Town. ICMA RC has a fund
family but does not restrict the investment into their fund family.
Council member Lamont questioned if the Council is privy to the greater return profit. Emmons
responded that is between the employee and the vendor.
49
Council member Sterling added that the resolution is needed by ICMA in order to allow employees this
benefit but will not force them to participate but will allow them other options.
Motion passed unanimously without further discussion
C.5 Discuss and take appropriate action regarding the regular scheduled Town Council meeting dates
for December 2006 and January 2007.
Mayor Sanders explained that January 1st falls on a regular Council meeting Monday and suggested to
move the first and the 15th meeting to the second and fourth Monday. Council members Edstrom
and Lamont agreed with Sanders.
Motion made by Williams; seconded by Edstrom to move the January meetings from the first and third
Monday to the second and fourth Monday.
Motion passed unanimously.
C.6 Discuss and take appropriate action regarding financials dated September 2006.
Motion made by Edstrom, seconded by Lamont to approve
Mayor Pro Tem Williams has a lot of concerns and requested to meet with Town Manager Emmons and
Finance Director Unger. Williams complimented Fire, EMS and Administration on their budgets
but felt that the Police Department, P & R and Community Development departments needed
some work. Unger provided that Community Development came in under budget and requested
that Williams consider the storm sewer issue on Shields Court. Williams requested to see the
variance report.
Mayor Sanders has already requested a report from Town Manager Emmons explaining the overages.
Finance Director Unger explained that September will not be closed until after the year-end audit and
suggested that Council wait to approve. Council member Cates agreed, stating approving prior to
the completion of the audit was premature. Mayor Pro Tem Williams requested to see the
reconciled September financials after the audit.
Council member Lamont would like to see the percentages included. Finance Director Unger said the
percentages are provided on the STW report.
Edstrom withdrew the motion, the second agreed.
C.7 Items for Future Agenda.
Town Manager Emmons advised he would prepare a year-end report and try to have to the Council on
November 6th along with the November variance report.
Council member Edstrom requested that staff work on the request from Kathleen Wilson regarding bike
helmet asking that the Public Safety Group review.
Council member Lamont questioned the status of the advisory committee policies. Town Manager
Emmons responded he is reviewing and will forward to Council upon his review.
Council member Sterling asked that the Hotel/Motel Tax Ordinance come before the Council.
Council member Cates asked that staff review the property maintenance Ordinance and questioned the
status of the Political sign Ordinance. Town Attorney Adams provided she has concerns in
reference to freedom of speech.
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Council agreed that the following be brought back:
Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design
Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of
Ordinances of the Town.
Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards for the
Repair, Removal or Demolition of Substandard Buildings and establishing Building Standards
Commission for the Town. Scheduled for November 20th.
C.8 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be
no action taken regarding any individual project posted under this item and discussion will be
limited. If extensive discussion is required, the item may be placed on a future agenda.
Brandon Emmons gave the following Town Manger Report:
Administration:
2006 General Elections
Denton County Elections Administration will hold early voting and Election Day voting for the 2006
General Election here in the Council Chambers.
Early voting will be October 28, November 2 and 3, from 7 AM – 7 PM.
Election Day will be November 7, from 7 AM – 7 PM.
Volunteer Opportunities
The Town is currently accepting applications for the P & R Board.
Applications will be accepted through the month of October with Council appointments to occur in
November.
The Town also has a vacancy on the Ways and Means Advisory Group. This vacancy is open until filled.
Applications and required supplements can be downloaded from the Town’s website or obtained at the
Admin Building. Inquiries or questions should be directed to Lisa Ramsey, Town Secretary.
Community Garage Sale - Will be on Saturday, October 21st, from 8 AM - 5 PM.
Community Development:
Streets
Two panels on concrete have been replaced on Oak Hill Drive with three more panels surrounding this
area to be reconstructed in the coming weeks.
Contractors have begun performing routine rout and sealing of the cracks and joints of the Town’s
roadways. This process will continue through mid-December and will extend the life of our roadways.
Finance:
Residents are invited to attend a reception for Finance Director, Roger Unger who is leaving to pursue a
career in the private sector.
The Reception has been scheduled for Wednesday, November 1st, from 3 - 5 PM and will be held in the
Council Chambers. Please stop by to wish Roger farewell.
Parks and Rec:
Fall Festival
Saturday, October 21st, from 3 - 6 PM at Trophy Club Community Pool. Activities planned: bull ride,
petting zoo, pony rides, bounce house(s), obstacle course and over 15 carnival style games. The Fire
Department will have an Extrication Demo!
Clock Tower Lighting
Saturday, December 2nd, at 6 PM (more details to come).
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Medians
Finished laying sod and landscaped Medians down Trophy Club Drive, replacing the Asian Jasmine.
Planning and Zoning:
Staff received the preliminary plat for Neighborhoods 1, 2, 5, 6 & 7 of The Highlands PD, covering 911
lots. Staff is in the process of reviewing the submission.
Fire Department:
Fire Prevention Week
The Fire Department participated in Fire Prevention Week. The Fire Department visited 3 schools and 4
day cares, talking to 1,800 children about this year’s theme, which was “Have an Exit Strategy.”
Police Department:
Crime Alert
On October 11th, two mail thefts were reported. The residents reported that between the hours of 12 - 1
PM someone had opened their mailboxes and had removed their mail.
Also on October 11th, a resident on Ridgeview reported that a table saw had been removed from her open
garage between 4:30 - 5:30 PM. The neighbors did not recall seeing anyone around the residence during
that time, however there are many laborers in the area. These incidents are being investigated further.
Officer Wade Montgomery’s son, Matthew has returned home from the hospital. The blood drive for
Matthew held on October 9th netted 20 units of blood.
The Police Department reminds residents that as we approach the holiday season, many burglars are
going to be targeting those homes with open garage doors.
The Police Department will hold a Holiday Safety Program in the Police building on November 16th,
between 6:30 - 9:30 PM. It will be an opportunity for the citizens to receive information about crime
prevention, traffic safety, and precautions they can take to make their holiday season safer. It will be a
come and go affair and residents are invited to come to the Police Department at any time during these
hours. We will have pamphlets, coloring books, pens and pencils, gunlocks, and more.
Town Manager Emmons thanked the volunteers and people who have donated to the ASA program.
Council member Cates added that the Town is now fostering a group serving in Hunderous. Donations in
the form of a check can be made payable to Trophy Club Cares.
D.1 Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
Meeting adjourned at 8:58 PM
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.551.071
______________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
52
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.B.5
Consent Agenda: Discuss and take appropriate action to approve
Corrected Minutes, dated October 22, 2006.
EXPLANATION:
There are two corrections, both are redlined.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. October 22, 2006 Minutes, Corrected
53
MINUTES OF JOINT WORKSHOP SPECIAL SESSION BETWEEN TOWN COUNCIL AND THE
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
dba TROPHY CLUB MASTER DISTRICT AND SPECIAL SESSION FOR THE TOWN COUNCIL AND
MASTER DISTRICT FOR THE TOWN OF TROPHY CLUB AND SPECIAL SESSION FOR THE TOWN
COUNCIL AND MASTER DISTRICT FOR THE TOWN OF TROPHY CLUB
SUNDAY, OCTOBER 22, 2006
1:00 P.M.
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club and the Board of Directors of the Trophy Club Master
District of the Town of Trophy Club, Texas, met in a Workshop/Special Session on Sunday, October 22,
2006. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
MASTER DISTRICT DIRECTORS PRESENT:
Jim Thomas Vice Chairman
Jim Hase Secretary/Treasurer
Carol Borges Secretary/Treasurer
James Budarf Board Member
Kevin Carr Board Member
Dean Henry Board Member
Connie White Board Member
MASTER DISTRICT DIRECTORS ABSENT:
Gary Cantrell Chairman
Neil Twomey Board Member
Andy Hayes Board Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Walter Fitzpatrick District Manager
Bob West MUD Attorney
Pam Liston MUD Attorney
54
Mehrdad Moayedi Centurion Development Group
Robert Murray Centurion Development Group
A.1 Mayor Sanders announced a quorum and called the meeting to order 1:10 P.M.
A.2 Chairman Thomas announced a quorum and called the meeting to order at 1:10 P.M.
TOWN COUNCIL AND MASTER DISTRICT TO CONVENE INTO A WORKSHOP SESSION
WORKSHOP SESSION (1:00 – 3:00)
B.1 Joint workshop between Town Council and Master District to discuss water and waste water
services for all future development within the Town, including the Highlands at Trophy Club.
Director Budarf confirmed that the two pods in MUD2, identified as 10 and 11 and are not part of this
agreement.
Both Director Budarf and Chairman Thomas believe that the water tank needs to be mentioned in the
agreement, even if it is listed in the PID.
Town Manger Emmons thinks that the water tank should be left out of the agreement as it will be owned
by the Town and may be included in the PID.
Director White stated that the water tank was included in the letter from Centruion that they reviewed the
other night and feels that it is reasonable to include.
Director Henry does not feel that it is necessary to include in the agreement as the infrastructure will be
owned by the Town.
Finance Director Unger suggested that a statement reflecting that the MUDs would have no provisions to
serve any of the infrastructures in the PID areas, be added to the motion.
Mayor Pro Tem Williams feels that although the proposed PID may include the water tower that it should
be added to the agreement.
Director White questioned why this is different. Currently the developer builds the infrastructure and then
deeds it over to the MUDs. Mayor Sanders explained that it would be deeded to the Town, which
would put the Town in the water and wastewater business and the Town would purchase these
services from the MUDs.
Town Manger Emmons advised that Frank Crum with Fort Worth would like some assurance that if the
Town buys Fort Worth water through the MUDs there would not be any long term issues. Fort
Worth would still bill the Master District for water who would then bill the Town.
MUD Attorney West said that this contract would be similar to the contract the Master District previously
had with Southlake to provide water and wastewater to the area of land around Sabre, as it was
outside both boundaries of the MUD and Town.
Director White confirmed that the Town would have total maintenance responsibilities.
Town Manager Emmons commented that this is the first step in a multi step process and is to determine
the cost up front. First the rate has to be established and then negotiations begin in the
developer’s agreement, after that the Town will enter into a separate agreement with the Master
District for services.
Director Budarf said that the Master District is guaranteed by both MUDs and tax dollars to cover all
maintenance costs.
55
Director Hase added that the water rates cover normal maintenance but not extreme maintenance items
for which both MUD1 and MUD2 contribute to the Master District in order to cover.
Mayor Sanders clarified that the idea for today’s workshop was for the Master District to come up with an
agreement determining the payment terms and sum to be paid by the Town of Trophy Club to the
Trophy Club Municipal Utility Districts for delivery of water and wastewater services to the
Highlands of Trophy Club
Mehrdad Moayedi from Centurion clarified his intent is to pay 10% interest of the balance, per annum until
the balance is paid off and that the $2300 per permit is a fixed rate for the whole five years.
End of Workshop Session
TOWN COUNCIL AND MASTER DISTRICT TO RECONVENE INTO REGULAR SESSION
REGULAR SESSION
C.1 Master District to discuss and take appropriate action to determine the payment terms and sum to
be paid by the Town of Trophy Club to the Trophy Club Municipal Utility Districts for delivery of
water and wastewater services to the Highlands at Trophy Club, Town Council to respond to
questions and discuss same.
Director Budarf feels that based on his and Director Carr’s discussions with Mehrdad Moayedi this is a
fair and equitable offer.
Director Borges moved to approve the Town of Trophy Club to pay the Trophy Club MUDs a total of $3.8
million to connect to the existing water and wastewater infrastructure owned by the MUDs and to
provide the elevated storage.
Director Borges removed the motion.
Director Budarf moved to accept the $3.8 million with the caveat that the Town provides the infrastructure;
including the elevated tank.
Director Budarf amended the motion to include subject to the funding of the PID and contract to be
approved by the Master District; Director Carr seconded.
Motion passed unanimously.
Director Henry moved to accept the $540k offer proposed by Centurion upon closing of the PID; Director
Borges seconded.
Motion passed unanimously.
Director White moved that the remaining $3.26 million be paid at the time of permitting, $2300 per permit;
Director Hase seconded.
The mover amended the motion to include 5/8 inch equivalent; the second agreed.
Motion passed unanimously.
Director Henry moved to accept the guarantee of 150 permits per year (cumulative) by Centurion;
seconded by Director Carr.
Motion passed unanimously.
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Director Borges moved requiring that the developers comply with the 10% per annum on the remaining
balance, paid to the Town as a pass through to the MUDs, the MUDs would accept the earnings
of 10% of the $2300.
Director Borges withdrew the motion.
Director Hase moved that a 10% interest per annum will be paid by the City to the MUDs on the unpaid
portion of the $3.26 million balance after 5 years; seconded by Director Budarf.
Director Hase amended the motion to include from the date of the first permit annually; the second
agreed.
MUD Attorney Liston clarified the motion for the record, “A 10% interest per annum will be paid by the City
to the MUDs on the unpaid portion of the $3.26 million balance after 5 years from the date of the
first permit annually.”
Motion passed unanimously.
D.1 Town Council to Adjourn.
Motion made by Council member Lamont, seconded by Mayor Pro Tem Williams to adjourn.
Council adjourned at 2:10 P.M.
Master District took a 10 minute recess.
Master District reconvened into workshop at 2:23 P.M.
Master District discussed the potential of the allocation of developer fees between the two MUDs.
D.2 Master District to Adjourn.
Chairman Thomas closed the workshop at 3:00 P.M.
Master District adjourned at 3:00 P.M.
_______________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
57
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.B.6
Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving an Interlocal Agreement for the Fire Protection, Fire
Rescue and First Response for the EMS with the Tarrant County
Emergency Service District No. One.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(dt)
Attachments: 1. Resolution
2. Agreement
58
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AN
INTERLOCAL AGREEMENT (MUTUAL AID) FOR FIRE
PROTECTION, FIRE RESCUE AND FIRST RESPONSE
FOR EMERGENCY MEDICAL SERVICES WITH THE
TARRANT COUNTY EMERGENCY SERVICES DISTRICT
NO. ONE; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT ON BEHALF OF THE TOWN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each other to
perform government functions and services, such as those that serve the public health
and welfare; and
WHEREAS, Tarrant County Emergency Services District No. One (“The
District”), is a special district within the meaning of the Interlocal Cooperation Act, and is
therefore an entity with which the Town may contract; and
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between the Town of Trophy Club, Texas, and the
District providing terms and conditions for certain mutual aid fire services to be provided
by the Town to the District, a substantial copy of which is attached hereto as Exhibit “A”
and incorporated herein by reference (hereinafter called “Agreement”); and
WHEREAS, upon full review and consideration of the Agreement and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the
opinion that the execution of the Agreement serves a valid public purpose, that all funds
necessary to pay for the services shall be paid out of current revenue legally available
to the parties to the Agreement and shall not exceed the amount budgeted therefore in
the current fiscal year budget, that the terms and conditions of the Agreement should be
approved, and that the Mayor or his designee should be authorized to execute the
Agreement on behalf of the Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”)
does hereby approve and agree to enter into an agreement with the Tarrant County
Emergency Services District No. One. A true and correct copy of the said agreement is
attached hereto and incorporated herein as Exhibit “A”.
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Section 2. The Mayor and the Town of Trophy Club is hereby authorized,
empowered and directed to execute the said Agreement on behalf of the Town of
Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 6th day of November, 2006.
______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney
Town of Trophy Club, Texas
60
EXHIBIT “A”
STATE OF TEXAS § Town of Trophy Club, Texas
§ Mutual Aid
COUNTY OF TARRANT §
The TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE, acting by
and through its Board of Emergency Commissioners, hereafter referred to as
DISTRICT, and the TOWN OF TROPHY CLUB, TEXAS, hereafter referred to as
TOWN, enter into the following Agreement:
Section 1: Authority and Services
TOWN has a volunteer fire department recognized by the Insurance Commission of the
State of Texas or a full-time professional fire department, and is, by an order or
resolution of its governing body, authorized to enter into this Agreement with DISTRICT
for the use of the personnel and equipment of TOWN for the purpose of providing fire
protection to real and personal property located outside the boundaries of TOWN and
within such distance as the TOWN may be reasonably expected to render service in
case of emergency service needs.
Section 2: Fire Services Provided
TOWN and DISTRICT hereby agree that for and in consideration of the monies to be
paid by DISTRICT to TOWN, the TOWN will provide, through its fire department, fire
protection services to the area described. These services include fire protection, fire
rescue and first response for emergency medical services. In the event that the TOWN
resources are unavailable at the time of the request for services, the TOWN will take
reasonable efforts to make the resources available as soon as reasonably possible.
Section 3: Fire Service Compensation
DISTRICT agrees to pay to TOWN within 90 days of execution of this Agreement the
total sum of SEVENTY-FIVE HUNDRED DOLLARS ($7,500.00) during this contract
year for fire protection services as requested by other departments contracting with the
DISTRICT and within the TOWN’s ability to respond.
Section 4: Equipment
DISTRICT is under no obligation with respect to providing fire fighting equipment or
ambulance vehicles or supplies, or any other expenses incidental to the carrying out of
this Agreement, and will have no right, title or interest in and to vehicles and equipment
belonging to or contracted for by TOWN.
61
Section 5: Term
Regarding payment, this Agreement will be in full force and effect for and during the
period beginning October 1, 2006 and ending September 30, 2007. Regarding
response purposes, this Agreement will remain in force until the 2007-2008 DISTRICT
budget is approved by the Commissioners and a new Agreement is executed
retroactive to October 1, 2007.
Section 6: Payment of Funds
The DISTRICT will use its general fund to pay for the services supplied by the TOWN
pursuant to this Agreement. Payment pursuant to this Agreement will be in accord with
the Rules and Regulations promulgated by the Commissioners and will be limited to
those emergency ambulance service calls that are certified by the appropriate police
department, fire department, or sheriff's department if eligible for payment under this
Agreement. Said payments will be made as funds are available to DISTRICT.
Section 7: Emergency Scene Control
Whenever TOWN responds to a call outside its normal jurisdictional limits, it will operate
under the Fire Code in effect within the TOWN limits of such cities or fire department
primarily responsible for service to the area being served by TOWN. Any fire
investigators or other personnel who respond from DISTRICT to a fire or emergency
scene which is under the control of TOWN will be governed by the Fire Code of the
TOWN within whose limits the TOWN normally operates. TOWN personnel agree to
fully cooperate with DISTRICT personnel.
Section 8: Inspection of Equipment
The DISTRICT or its agent has the right to inspect the equipment of the TOWN that the
TOWN operates in its performance under this Agreement. The parties acknowledge
that the nature of the TOWN’s equipment determines the consideration paid under this
Agreement. In the event that the inspection reveals that the equipment is not in
operating condition and in compliance with the ISO requirements for a department of its
size, the TOWN will authorize a re-inspection by the DISTRICT within fifteen (15) days.
In the event the equipment is not in operating condition or in compliance with the ISO
requirements for a department of its size during the re-inspection, all payments by the
DISTRICT to the TOWN will cease until the problem is corrected as certified by the
DISTRICT.
Section 9: Workers’ Compensation Coverage
The TOWN shall maintain statutory workers’ compensation coverage for its employees,
officers and volunteers regarding the TOWN's performance under this contract. The
TOWN recognizes that the DISTRICT has no responsibility to furnish this coverage and
62
TOWN waives any right to pursue the DISTRICT for liability regarding payments for this
coverage or for liability regarding payments for claims filed against this coverage.
Section 10: Line of Duty
When an employee or volunteer of the responding TOWN is performing duties under
the terms of this Agreement, that person is considered to be acting in the line of duty for
the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties
within the provisions of Chapter 615 of the Texas Government Code, and Chapter 142,
Texas Local Government Code; and shall be entitled to any other benefits which accrue
under law as a result of injury, death or loss which occurs while in the line of duty. This
section does not increase the DISTRICT’S liability under this Agreement.
Section 11: Mutual Aid
The assisting party (TOWN) shall be responsible for any civil liability or costs that may
arise from the fire protection, fire rescue and first response for emergency medical
services that the assisting party provides to the requesting party (DISTRICT) under this
Agreement. The assignment of liability provided by this Agreement is intended to be
different than liability otherwise assigned under Texas Government Code, Section
791.006(a) which provides that the governmental unit that would have been responsible
for furnishing the services in the absence of the contract is responsible for any civil
liability that arises from the furnishing of those services. It is expressly understood and
agreed, however, that in the execution of this Agreement, neither the TOWN nor the
DISTRICT waives, nor shall be deemed to waive, any immunity or defenses that would
otherwise be available to it against claims arising in the exercise of governmental
powers and functions.
Section 12: Implied Rights; Employees
By entering into this Agreement the parties do not intend to create any obligations
expressed or implied other than those specifically set forth herein and this Agreement
will not create rights in parties not signatories hereto. The employees of the TOWN are
not employees or agents of the DISTRICT by virtue of this Agreement. The employees
of the DISTRICT are not employees or agents of the TOWN by virtue of this Agreement.
Section 13: Conferring of Rights
This Agreement does not confer any rights on third parties who are not signatories to
this Agreement, therefore no person may bring suit against TOWN or DISTRICT
regarding the performance of this Agreement as a third party beneficiary of this
Agreement.
Section 14: Cancellation
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DISTRICT retains the right to cancel without cause this Agreement on thirty (30) days
written notice to the TOWN. In the event of the cancellation, the DISTRICT will pay a
prorated share of the monies due for the remainder of that quarter only if the TOWN
provides services as required in the Agreement during the period of time leading up to
the termination date.
WITNESS the signatures of the respective parties hereto this the ______ day of
__________________, 2006
TARRANT COUNTY EMERGENCY TOWN OF TROPHY CLUB, TEXAS
SERVICES DISTRICT NO. 1
_____________________________ ______________________________
Rick Holman, President Authorized Official
ATTEST: ATTEST:
_____________________________ ______________________________
Sandy Swinnea, Secretary/Treasurer Secretary
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.B.7
Consent Agenda: Discuss and take appropriate action to approve the
November 6, 2006 Minutes.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. November 6, 2006
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MINUTES OF WORK SESSION/PUBLIC HEARING AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 6, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and Regular
Session on Monday, November 6, 2006. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Sakura Moten-Dedrick Finance Director
Beth Ann Gregory Community Development Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
A.1 Mayor Sanders called the Regular Session to order at 6:35 P.M. noting a quorum was present.
A.2 Work Session:
Discuss and review items posted to the November 6, 2006 Agenda, specifically Item D.1.
Town Manager Emmons asked that the Council keep in mind local control when considering the
Franchise Agreement. Under the Town’s existing cable franchise, the current payment of 3% of
gross revenues can be raised to a maximum of 5% during the franchise terms. State law would
require paying a fee of 5% of gross revenues if the Town switched to a statewide franchise.
Emmons clarified the non-exclusive franchise, providing that another cable company would need
to lay their own infrastructure in the event one came into the Town.
Mayor Pro Tem Williams and Council member Edstrom agree that the Town should keep local control in
order to protect the residents.
Fire Chief Thomas confirmed that Argyle fell under the Denton County Interlocal Agreement, Item B.2.
Mayor Sanders addressed Item D.4. The handbook was originally established for Town Committees and
has been revised for Citizen Advisory groups with an effort to include Elected Officials. Sanders
said he is struggling with the wording and consistency regarding Elected Officials throughout the
handbook.
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Mayor Pro Tem Williams requested the following sections be addressed; the Interview Process - priority
would be given to an existing member requesting reappointment, the language on paged 189
under Standards of Conduct be strengthened and the page acknowledging receipt of the
Handbook should include that the member has also read the Handbook. The Council discussed
and determined that the Elected Officials as defined in the Handbook does not include the MUD
Directors.
Council member Lamont questioned how a complaint would be submitted and who would investigate the
complaint.
A.3 Mayor Sanders gave the Invocation.
A.4 Council member Sterling led the Pledges.
A.5 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.
Police Sergeant Tony Simmons - In October, Trophy Club Law Enforcement Explorer Post 953 competed
in the 2006 South Texas Law Enforcement Explorers Competition. The competition was fierce
with competitors from San Antonio, Longview, Lake Charles LA, Corpus Christi and the Houston
Criminal Justice High School. Post 953 brought home First Place trophies for Best All Around
Post, Top Dog, Robbery in Progress, 9-1-1 Disconnect with Critically Injured, Suspicious Person
and Unknown Calls for Service, Second Place for Best Team, Arrest Search and Seizure and
Active Shooter and Third Place for Felony Traffic. The Post has been invited to compete in Lake
Charles, LA in February and is currently seeking sponsors to fund the cost to send two teams
estimated at $2,100.00.
A.6 Discuss and take appropriate action regarding a Proclamation recognizing the 25th Anniversary
of the Trophy Club Women's Club.
Mayor Sanders explained the Proclamation will be presented at a reception on Wednesday night.
Motion made by Edstrom, seconded by Cates approving the Proclamation.
Motion passed unanimously without any discussion.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Motion made by Sterling, seconded by Lamont to approve the Consent Agenda, Items B.1 – B.3.
Motion passed unanimously without further discussion.
B.1 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Article
I, "Animals", Chapter 2 of the Code of Ordinances, entitled "Animal Control." (Amending 2006-
24)
B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an
Interlocal Agreement for the Fire Protection and Ambulance with Denton County.
B.3 Consent Agenda: Discuss and take appropriate action to approve the August 21, 2006 Minutes.
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End of Consent Agenda
TOWN COUNCIL TO CONVENED INTO PUBLIC HEARING AT 7:17 P.M.
PUBLIC HEARING
C.1 Hold a public hearing regarding an amendment to Ordinance No. 2002-44 amending the Cable
Franchise with Charter Communications in order to allow an automatic three year continuation of
the term of the franchise agreement.
Mayor Sanders recognized Charter representative, Kevin Allen who was available for questions.
No one addressed council.
Public Hearing Closed at 7:18 P.M.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2002-44,
the Cable Franchise Agreement with Charter Communications, in order to allow an automatic
continuation of the term of the franchise agreement.
Motion made by Williams, seconded by Lamont to approve.
Council member Sterling expressed his dissatisfaction with the Charter service he has personally
received over the past 14 months dealing with reception issues but believes that it is in the best
interest of the citizens to keep the fees low.
Kevin Allen from Charter said that the brief Internet interruptions have been resolved and that Charter is
addressing the customer service issues.
Mayor Sanders spoke to the citizen’s complaints regarding Charter’s poor service issues. Although Mr.
Allen has been very responsive in addressing escalated calls, with the contract being extended
the Mayor suggested that Mr. Allen come back with a Service Manager to address field service
questions.
Council member Lamont questioned what services are preformed at the local office. Mr. Allen advised
the local office acts as a payment center, performs equipment swap out and even though
dispatch is not one of their functions, issues may be reported at the local office.
Passed unanimously.
D.2 Discuss and take appropriate action regarding a contract with Teague, Nall and Perkins for
planning services.
Town Manager Emmons explained the contract documents had not yet been finalized when the Council
awarded the contract for planning services to Teague, Nall and Perkins on September 18, 2006.
This item is the proposed Agreement between the Town and Teague, Nall and Perkins.
Motion made by Edstrom, seconded by Cates to approve.
Motion passed unanimously
D. 3 Discuss and take appropriate action regarding an Ordinance authorizing and approving the terms
and conditions of a note as well as the specified lender for the Harmony Park reconstruction and
improvement loan with the payments being funded by EDC 4A.
Town Manager Emmons provided this item authorizes and approves the terms of the note EDC 4A came
before the Town Council proposing 7 items for improvement at Harmony Park. Of the 7 items,
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Council approved the first four and requested additional research on the others. EDC 4A has
since passed a Resolution pledging financing in the form of a note not to exceed $480,000 at a
secured 4.5% interest rate.
Motion made by Edstrom, seconded by Williams to approve.
Mayor Pro Tem Williams questioned if the Service Contract was sufficient to hold the EDCs to the
payment and is concerned about accepting a commitment without a signed document. Town
Attorney Adams confirmed the EDC 4B President had not yet signed the Resolution, however
both the Resolution and Agreement had been approved by the EDCs.
Council member Edstrom commented to the lack of trust, encouraging that the back and forth stop. The
Council controls the EDC budgets and if EDC agreed to pay, they will pay.
Mayor Sanders said the Town will be issuing bonds for the PID and questioned staff’s concern about the
debt ratios, as the note will be in the Town’s name. Town Manager Emmons is not concerned
about a negative rating
Council member Cates asked how staff settled on First Financial. Town Manager Emmons responded
out of the three proposals, First Financial had the best rate.
Motion passed unanimously without further discussion.
D. 4 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2001-01
and adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials.
Mayor Sanders introduced this item as a work in progress and spoke to the many changes from Town
Committees to Advisory Groups and the inclusion of Elected Officials.
Motion made by Williams, seconded by Lamont to approve.
Mayor Pro Tem Williams commented the definition under Conflicts of Interest is textbook and questioned
how perception could be addressed. Council member Lamont suggested a time limit for a person
to recuse them self once a conflict is identified.
Motion to amend made by Sterling, seconded by Cates to delete the following from page 176 of the
packet, under Interview Process, At the end of a term, the Council will give members who have
successfully served their Board and desire to continue to serve, first priority of reappointment.
Motion to amend passed unanimously.
Motion to amend made by Williams, seconded by Lamont to eliminate, At the end of a term, the Council
will give members who have successfully served their Board and desire to continue to serve, first
priority of reappointment, from page 177 and any other place included in the Handbook.
Motion to amend passed unanimously.
Council member Edstrom is concerned about questioning a person’s perception as a conflict of interest.
Motion to amend made by Williams, seconded by Cates to add perception to the Conflict of Interest
section.
Council member Cates commented to the clause for CPAs that they be independent. Mayor Sanders
experienced the issue of perception with the recent zoning request. The perception questioned
Council’s preference due to speculated financial benefit. Sanders concluded perception is
difficult to measure.
Mayor Pro Tem Williams agrees with the CPA clause defining conflict as an independent person, not
dealing in self-interest. Council member Sterling agrees in theory but likes the current wording.
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Just like the situations with the Federal Tax Law there is case law and precedents established
due to gray areas.
Motion to amend this section died for lack of a second.
Mayor Sanders said the Charter is very vague regarding discipline and is hard to impose one’s definition
of conflict on another. The Body can discipline themselves, but questions if the Body can keep a
duly elected official from voting.
Council directed Town Manager Emmons and Town Attorney Adams research this and report back to the
Council.
Motion to amend made by Williams, seconded by Edstrom to correct the numbering on page 189 under
Standards of Conduct for Appointed and Elected Official and change the wording under # 3 as
follows; Officials will not use inappropriate language, will refrain from personal attacks and will
refrain from verbal abuse of other Officials, staff members or members of the public.
Council member Cates mentioned the laws regarding a Hostile Work Environment and suggested the
Elected Officials be cognizant of their language as not to offend the employees.
Motion to amend passed unanimously.
Council member Edstrom spoke to the misunderstandings following the last appointment process when
Council did not appoint a member who was recommended by the Chair. Edstrom suggested
language be added clarifying the Council is not bound to the Chair’s recommendation.
Motion to amend made by Edstrom, seconded by Williams to correct the clerical error on paged 176,
changing their to there and to add The recommendation from the Board is advisory, and Council
shall make the final determination regarding appointment after the second sentence and to all
interview processes.
Motion to amend passed unanimously.
Mayor Sanders commented there were not enough applications submitted to fill all of the open seats
during the last appointment process and recommended this be addressed under the Application
Process.
Council member Lamont recommended adding a section outlining a complaint process. Town Attorney
Adams suggested the Council consider an Ethics Ordinance to implement a complaint process.
Council directed staff to work on an Ethics Ordinance.
Motion to amend made by Williams, seconded by Sterling to consolidate the Parks and Recreation Board
to have the same expiration terms as the other Boards.
Motion to amend passed unanimously.
Council member Edstrom corrected the new terms will be in October not November as indicated on page
177.
Motion to amend made by Williams, seconded by Cates to add reading to the acknowledgement section
on page 172.
Motion to amend made by Sterling requesting this section read, I acknowledge receiving and agree to
comply with the policies set forth. Both the mover and second agreed.
Motion to amend passed unanimously.
Motion made by Williams, seconded by Edstrom to refer with the amendments for one month.
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Motion to refer passed unanimously.
D.5 Discuss and provide input regarding an ordinance levying a tax on the occupancy of hotel rooms
as allowed by State law.
Town Manager Emmons explained this item for discussion only. The Ordinance assesses room tax with
the maximum allowable amount at 7%. The use of these funds is addressed under Section 7
and the intent is to expend the funds to promote tourism.
Mayor Pro Tem Williams confirmed taxes could be used for the 4th of July and Arbor Day Events and
questioned usage for the Year End Review. Town Manager Emmons responded to the
limitations on the amount that can be used, advising the promotions and advertising needs to
attract tourists.
Mayor Sanders requested Town Manager Emmons provide the percentage being used by surrounding
municipalities.
Council member Lamont questioned a state law in reference to transient stays as mentioned on page
194.
No action was taken.
D.6 Discuss and take appropriate action to approve the October 10, 2006 Minutes.
Motion made by Sterling, seconded by Lamont to approve.
Motion carried 4:0:1, with Edstrom abstaining.
D.7 Discuss and take appropriate action to approve the October 22, 2006 Minutes.
Motion made by Edstrom, seconded by Williams to approve.
Motion carried 4:0:1, with Sterling abstaining.
D.8 Presentation of budget variance report and year-end summary report and discussion of same.
Town Manager Emmons explained the disproportionate items due to the amount of revenues that were
not adequately displayed in the budget. Community Development had special projects the
Council authorized that were funded by GASB, but showed up as expenditures, therefore,
Community Development came within budget. Emmons taking into consideration these items
and the new roof in the Police Department the administration of the budget was not as bad as it
appears on paper.
Emmons would like to remove GASB out of the operating funds and create a separate account in order to
accurately track what is being spent.
Emmons advised items had been incorrectly coded to police vehicle maintenance that should have been
coded to Marshall Creek.
Mayor Sanders complimented Town Manager Emmons and staff for the detailed information and also
recognized that Chief Kniffen had not been working for the Town during the time most of the
issues occurred. Sanders suggested that rather than include new items under an existing line
item a new line item be created to alleviate questions after the fact and requested a review of the
age of the current Police vehicles.
Council member Cates commented the expenditures show significant amount of work being preformed on
the Ford vehicles, even the one still under warranty.
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Council member Lamont requested a memo notifying them of items that are moved from one department
to another at the time it occurs.
Mayor Sanders said the Council receives a monthly finance report and should email the Finance
Department with their questions and the staff should anticipate the questions.
Mayor Pro Tem Williams said the information provided was great and the Town Council needs to look at
the Independent Labor line as it has always been high as well as the vehicle maintenance line.
Council member Lamont questioned the difficulty in creating the variance report. Finance Director,
Sakura Moten-Dedrick said she would provide the report monthly.
D.9 Discuss and take appropriate action establishing the process to evaluate and administer
performance reviews for Town Council appointed positions, specifically as it relates to the Town
Manager duties, goals and objectives for the ninety (90) day evaluation.
Mayor Sanders explained it was indicated during the interview process and included in the offer letter that
Town Manager Emmons would receive a review and be eligible for a salary increase, which was
budgeted at $8,300.00. The intent is for Council to conduct the review at the November 20th
meeting, reviewing the goals and objectives identified on June 19, 2006 at his ninety (90) day
evaluation. Sanders complimented Emmons on his skillful conduct in dealing with the MUD
Directors, which was not on his list of things to accomplish and encouraged the Council to also
look for areas to compliment Emmons on as well as improve. Sanders asked the Council what
process they wanted to use to evaluate and that the review could be held in Executive Session.
Town Manager Emmons’ preference is for the review to be conducted in Open Session as it holds him to
a higher standard. Emmons mentioned the item tonight is to prepare the Council for the review.
Mayor Sanders asked for review templates. Council member Sterling requested Emmons provided
another list of goal and objectives on November 20th.
Mayor Pro Tem Williams would like to see assessments from Emmons’ direct reports. Council member
Lamont disagreed and does not believe that under links should dictate a supervisor’s
performance. Council member Edstrom provided staff’s assessment of a supervisor is normal
practice with 360 Reviews and happens frequently is big organizations.
Mayor Sanders does not see a problem requesting input from his direct reports, they can quantify on a
scale from 1 – 5 and can also remain anonymous. Sanders strongly encouraged staff speak to
Emmons about any negatives.
D.10 Town Manager Emmons to designate an Acting Town Manager.
Town Manager Emmons designated Lisa Ramsey and advised the Council his intent to rotate quarterly.
The purpose of this designation is to provide a valuable learning tool and help those serving in
this capacity gain authority from the designation.
D.11 Items for Future Agenda.
Discuss evaluation / performance review of Town Manager Emmons. (11/20)
Consideration of enactment of Hotel/Motel Tax.
Review of Advisory Groups Committees Policies.
Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
Review of Property Maintenance Ordinance.
Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards
for the Repair, Removal or Demolition of Substandard Buildings and establishing Building
Standards Commission for the Town.
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Discussion about storm water discharge from pools.
Discuss and take appropriate action regarding a policy for accepting gifts.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign
Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending
Sections 4.05. (relative to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
Mayor Pro Tem Williams requested the issue of the Council members who were appointed as voting
members to the EDCs be reviewed and changed to make them staff liaisons.
D.12 Reports. There will be no action taken regarding any individual project posted under this item
and discussion will be limited. If extensive discussion is required, the item may be placed on a
future agenda.
(A) Town Council calendar of events and activity reports.
(a) Update from Council Representative Edstrom on EDC 4A.
(b) Update from Council Representative Sterling on EDC 4B.
(c) Update from Mayor Sanders on TML Annual Conference.
(B) Town Manager's Report.
Council member Edstrom advised that several members of the EDC 4A Board were upset that the Staff
Liaison did not inform them of the Council appointment but rather heard it when she showed up to
a meeting. Edstrom believes the Staff Liaisons need to work with them on their discord in this
group in order to build trust.
Mayor Pro Tem Williams’ opinion is that the Chairman of each Board and/or Committee should be at the
Council meeting when an appointment is made and also responsible for relating this information
back to the Board.
Council member Sterling reported the consensus of EDC 4B is a wait and see approach to see what
develops in Councils strategic planning session. There have been discussions on seeking a
partnership with an urban planning project which would allow the group to work with others
outside the Town’s demographics. EDC 4B President, James Hicks announced the Buxton
Group would be making a presentation at the November 13th meeting.
Mayor Sanders attended the TML conference, which many city’s Council attend and believes the
information provided at the conference is beneficial and very helpful. Sanders mentioned the EDC
Summit Convention in NE Texas and encouraged anyone interested in attending check with Sally
Michalak at the Chamber.
E.1 Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
Meeting adjourned at 9:45 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.551.071
_____________________________________ ________________________________
Lisa Ramsey, 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: 11-20-2006
Subject: Agenda Item No.C.1
Public Hearing:
Consider a Replat for 20 and 22 Cypress Court, also described as Lots 12
and 11 of Block B in the Villas of Hogan's Glen. (RP-06-003)
STAFF COMMENTS:
The purpose of this Replat request is to combine both lots into one lot, and to create a
ten foot (10’) utility easement along the south property line.
Staff has reviewed the request and it appears to be in compliance with the Town’s
standards.
Staff will verbally provide the Council with the motion from the Planning & Zoning
Commission’s 16 November meeting.
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.C.2
Public Hearing:
Consider an amendment to the Code of Ordinances of the Town, Chapter
13, "Zoning", Article V, "Supplementary District Regulations", Section 5.03,
"Accessory Structures and Uses", by revising paragraph A(1)(a), and
adding a new Section "G", entitled “Public Views", in order to provide
screening requirements for accessory structures. (ADM-06-026)
STAFF COMMENTS:
The following proposed amendment to Accessory Structure regulations is based on the
Commission’s discussion of this item, as well as staff input. The changes are
highlighted in yellow text.
Staff will verbally provide the Town Council the motion from the Planning & Zoning
Commission’s 16 November meeting.
(kcf)
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB, TEXAS, BY REVISING CHAPTER 13, “ZONING”, ARTICLE V,
“SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03,
“ACCESSORY STRUCTURES”, PARAGRAPH (A)(1)(a), AND BY
ADDING A NEW SECTION “G”, “PUBLIC VIEWS”, IN ORDER TO
PROVIDE ADDITIONAL SCREENING REQUIREMENTS FOR
SPECIFIED ACCESSORY STRUCTURES ABUTTING AND VIEWABLE
FROM PUBLIC AND PRIVATE PARKS OR GOLF COURSES;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town Council has determined that implementing additional
zoning regulations for specified accessory structures abutting and viewable from public
and private parks or golf courses would be a benefit to the Town by promoting an
aesthetically refined community for the citizens of Trophy Club and by protecting the
integrity and character of neighborhoods; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the approval of
the proposed amendments to the Zoning Chapter of the Code of Ordinances, as set
forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending the Code of Ordinances of the
Town.
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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.
AMENDMENT
2.01 Article V entitled, “Supplementary District Regulations” of Chapter 13,
entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended to revise Section 5.03 entitled Accessory Structures (A)(1)(a); and to
add a new Sections “G” to read as follows:
“Section 5.03 Accessory Structures and Uses
An accessory structure shall comply in all respects with the requirements of this ordinance applicable to
the main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Except as otherwise provided herein, and excluding pools and covers, accessory
structures less than one hundred twenty (120) square feet of floor area shall not require
a building permit. Storage/utility buildings, regardless of size shall require a permit on
all lots abutting public and private parks or the golf course.
b. The following structures and uses shall be permitted as accessory to the principal
structure provided that none shall be a source of income to the owner or user of the
principal single-family dwelling,
i. Detached private garage in connection with any use, provided that no such
garage shall face a golf course; and provided that any detached garage which
faces a street be located a minimum of forty-five feet (45’) from the front property
line; and provided, however, that the requirement that no such garage face any
street shall not apply where the rear yard of a lot abuts a street which is
contiguous to the perimeter of the Town, unless otherwise provided by ordinance.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
v. Home workshop
vi. Flag Pole less than twenty feet (20’)
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vii. Tennis court/Basketball court
viii. Guest House
ix. Swimming Pool/Hard Top Pool Cover
x. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable Zoning
District.
c. In all residentially zoned districts, when any of the foregoing permitted residential
accessory uses are detached from the principal single-family dwelling, such accessory
uses shall be located:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20’) from any street right of way; and
iii. A minimum of six feet (6’) from rear and side lot lines.
d. An accessory use shall not be located within any identified easement. In addition,
accessory structures permitted in these districts shall not exceed one story in height,
except for storage/utility structures which shall not exceed 8 feet in height.
e. Height Requirements/Screening
i. Hard top pool covers shall not exceed four feet (4’) in height above the outside
perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one story in
height, except for storage/utility structures which shall not exceed six feet (6’) in
height.
iii. Hard top pool covers located on lots abutting golf courses or public or private
parks shall be screened from public and private view by the use of live screening
as required by this section. Live screening shall reach a minimum height of four
feet (4’) within one (1) year after the date of initial planting; provided however, that
such live screening shall at no time exceed the height of an existing fence or six
feet (6’) in height, whichever is less.
B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be subject to the
following regulations. The following shall be permitted as accessory uses, provided that such use
shall be located not less than twenty feet (20’) from any street right-of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS Neighborhood
Service District: The following uses shall be permitted as accessory uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50’) to a
residentially zoned district and not located between the front of the building and any
street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly screened
and provided they conform to the standards set forth in Section 5.01, Temporary Uses.
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2. Permitted Accessory Structures and Uses in CR-Commercial District: The following structures
and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. All other uses and structures which are customarily accessory, and clearly incidental to
the structures, and which are allowed within the applicable Zoning District.
3. Permitted Accessory Uses in GU-Governmental Use District and in PO- Professional Office
District: The following uses shall be permitted as accessory, provided that none shall be a
source of income to the owner or user of the principal use:
a. All other uses and structures which are customarily accessory, and clearly incidental to
the structures, and which are allowed within the applicable Zoning District.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: An accessory structure, with the exception of a flag pole and signs, shall not be located in
any front yard, as defined by this Article, and shall be located at least ten (10) feet from any dwelling,
building or structure existing or under construction on the same lot or any adjacent lot, except
swimming pools, which may be located nearer than the ten (10) feet from any dwelling existing as
long as the excavation of the swimming pool does not in any way harm or endanger the existing
building or dwelling. Notwithstanding the foregoing, accessory structures are only allowed if they
comply with zoning regulations in the district which they are located.
E. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement, shall be
permitted as an accessory use in a residential district and shall be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage, shall be
permitted as an accessory structure in a residential district, except as otherwise specifically
provided.
3. Any detached garage shall setback at least forty-five feet (45’) from the front property line of a
residential lot.
4. Corner lots may have detached garages facing a side street if they set back a minimum of
thirty five feet (35’) from the side street; however, no drive cuts will be allowed from any street
classified as a major or minor collector street.
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the regulations as
specified by the applicable zoning district. However, accessory structures that are normally
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constructed in such a manner that masonry exterior surfaces are neither practical nor
appropriate are excluded from the masonry requirements, including but not be limited to gym
sets, playhouses, and greenhouses.
2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an
aluminum material so long as that material resembles wood-like construction and such
material has been approved by the Town’s Planning and Zoning Coordinator.
G. Public Views:
1. Except as provided in Section F(1) above, all storage/utility buildings and greenhouses
abutting and viewable from public and private parks or golf courses shall be either screened
so that they are not visible from any of those locations, or alternatively shall be constructed of
at least 80% masonry materials. In order to meet the requirements of this section, one or
more of the following shall be met.
a. Live/Opaque Screening
i. Where allowed, an opaque fence a minimum of six feet in height, and not to exceed
eight feet (8’) in height is required; or
ii. Live screening as specified in this Section shall be required. Live screening shall at
no time exceed the maximum height allowed for a fence in that zoning district.
b. Masonry Requirements
i. Alternatively, uses specified in this Section shall be constructed of at least eighty
percent (80%) masonry materials. The exterior surface shall match the main
structure to the greatest extent possible in materials and color.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Accessory Structures and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
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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 by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
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 20th day of November, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
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[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to a request for Replat for 20
and 22 Cypress Court, also described as Lots 12 and 11 of Block B in the
Villas of Hogan's Glen. (RP-06-003)
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to an amendment to the Code
of Ordinances of the Town, Chapter 13, "Zoning", Article V,
"Supplementary District Regulations", Section 5.03, “Accessory Structures
and Uses”, by revising paragraph A(1)(a), and adding a new Section "G",
entitled "Public Views", in order to provide screening requirements for
accessory structures. (ADM-06-026)
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action relative to a request for Plat
Amendment to 32 and 30 Cypress Court, also described as Lots 6 and 7 of
Block B in the Villas of Hogan's Glen. (AP-06-011)
STAFF COMMENTS:
The purpose for the amending plat is to relocate a utility easement on Lot 7 to correct
the minimum finished floor elevations for Lots 6 and 7.
Staff has reviewed the submission and it appears to be in compliance with the Town’s
adopted standards.
Staff will verbally provide Council the motion from the Planning & Zoning Commission’s
16 November meeting.
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding a contract with Bailey
Environmental for Consultant Services for Health Inspections; and
authorizing the Mayor or his designee to execute necessary documents.
EXPLANATION:
Bailey Environmental has been performing health inspections in the Town for over 10
years, but has never been under a formal legal contract. This agreement defines and
formalizes the relationship and provides protection for both parties. Staff has been very
satisfied with the service provided by Bailey Environmental and has found no record of
any complaints.
Tom Bailey will be in attendance to address the council regarding his concerns about
the insurance requirements.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Information Memorandum
2. Contract
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AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND
BAILEY ENVIRONMENTAL
FOR CONSULTANT SERVICES FOR HEALTH INSPECTOR
THIS CONTRACT is made and entered by and between Bailey Environmental,
whose address is 1333 Salt Branch Road, Little Elm, Texas 75068, hereinafter referred
to as “Consultant”, and the TOWN OF TROPHY CLUB, TEXAS, hereinafter referred to
as “Town”, for consulting services to provide Health Inspection support, to be effective
upon approval of the Trophy Club Town Council and subsequent execution by the
Trophy Club Town Mayor or his designee.
W I T N E S S E T H:
WHEREAS, the Town has identified a need to retain Consultant to provide Town
with Health Inspector support services (hereinafter the “Project”); and
WHEREAS, Town desires to engage the services of the Consultant to assist in
such Project and to render its services on the terms and conditions provided in this
Agreement; and
WHEREAS, Consultant agrees to render its services to Town as provided herein;
THEREFORE, Town hereby engages the services of Consultant, and in
consideration of the mutual promises herein contained, the parties agree as follows:
SECTION I.
SCOPE OF WORK
Consultant shall provide all services necessary to provide Health Inspector
support services to Town. Such work shall be performed in accordance with the terms
and conditions outlined in this Agreement and in EXHIBIT “A”, a copy of which is
attached hereto and incorporated. In the event of any conflict between the terms,
phrases, or conditions of this Agreement and Exhibits hereto, priority of interpretation
shall be in the following order: this Agreement, Exhibit “B”, Exhibit “C”, Exhibit “A”,
hereinafter collectively referred to as “Contract Documents”.
SECTION II.
TERM
The term of this Contract shall be a period of one (1) year commencing upon the
date of approval by the Trophy Club Town Council. This Agreement may be renewed at
the option of the Town for two (2) additional terms of one (1) year each upon thirty (30)
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days written notice to Consultant. This Agreement may be terminated by Town as
provided herein.
SECTION III.
COMPENSATION / OWNERSHIP OF DOCUMENTS
3.01 Compensation. In consideration for the services to be rendered under this
Agreement, including all expenses, the Consultant shall be paid a fee not to
exceed the amounts itemized in the Fee Schedule for Town, a copy of which is
attached hereto as EXHIBIT “B”. Consultant may invoice Town upon completion
and acceptance of services to be provided or may invoice Town on a monthly
basis. Such invoices shall be itemized to show services performed, expenses
and corresponding charges. Consultant shall keep accurate records of its
services and expenses incurred in the performance of this Agreement and shall
make the same available to Town for inspection and copying upon five (5) days
notice thereof. These records shall be kept by Consultant for two (2) years
following the expiration of this Agreement.
3.02 Fiscal Funding. Consultant and Town recognize that the continuation of any
contract after the close of any given fiscal year of the Town of Trophy Club,
which fiscal year ends on September 30th of each year, shall be subject to Town
Council approval. In the event that the Town Council does not approve the
appropriation of funds for this contract, the contract shall terminate at the end of
the fiscal year for which funds were appropriated and the parties shall have no
further obligations hereunder.
3.03 Maximum Compensation Upon Termination By Town or Consultant. In the
event of termination by Town with or without cause and subject to the terms of
§3.02 herein, the Consultant shall be compensated only for actual approved
expenses and fees incurred by Consultant in providing those services acceptable
to Town which are within the scope of work under the Contract Documents to the
effective date of termination, unless otherwise specifically stated in the notice of
termination. Approved expenses do not include overhead such as utilities, rent,
insurance, etc., and shall not exceed the total amount due under this Agreement.
3.04 Ownership of Documents. All information, documents, records and reports
developed as a result of the services provided under this Agreement shall be the
property of the Town (hereinafter “Documents”). Any use by Consultant of the
information developed hereunder, whether for publication or for work with other
clients, must receive prior written permission from the Town. During the term
and all renewals of this Agreement, all such information and Documentation
generated, compiled, collected or collated shall be maintained in the format
required by Town. Further, all such information and Documentation shall be
returned to Town upon termination of this Agreement, and upon such termination
shall be returned in the format required by Town.
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SECTION IV.
SUCCESSORS AND ASSIGNS/AGENTS OR ASSISTANTS
4.01 Successors and Assigns. Town and Consultant each bind themselves, their
successors, executors, administrators and assigns to the other party to this
Agreement. Neither Town nor Consultant will assign, sublet, subcontract or
transfer any interest in this Agreement without the prior written consent of the
other party. No assignment, delegation of duties or subcontract under this
Agreement will be effective without the written consent of Town. Subject to the
provision regarding assignment, this Agreement shall be binding on the
administrators, legal representatives, successors, and assigns of the respective
parties.
4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent reasonably
necessary for the Consultant to perform its duties hereunder, Consultant may
engage the services of any agents or assistants which it may deem proper, and it
may further employ, engage, or retain the services of such other persons or
corporations to aid or assist it in the proper performance of its duties. The cost of
the services of such agents or assistants shall be borne by Consultant at its sole
cost and expense. Consultant further agrees that the subcontracting of any
portion or feature of the work, or materials required in the performance of this
Contract, shall not relieve Consultant from its full obligations to Town as provided
by this Contract.
SECTION V.
FACILITIES
Consultant shall be responsible for providing all necessary facilities, personnel,
equipment, materials or other items necessary to perform the services required of it
hereunder; provided, however, that Town shall cooperate with Consultant by providing
space that Town has available for meetings, conferences, presentations, etc.
SECTION VI.
INDEMNIFICATION
Consultant shall release, defend, indemnify and hold harmless Town and its
officials, officers, agents and employees from and against all damages, injuries
(including death), claims, property damages (including loss of use), losses, demands,
suits, judgments and costs, including attorney’s fees and expenses, in any way arising
out of, related to, or resulting from the performance of the work or caused by the
negligent act or omission of Consultant, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Consultant is legally responsible
(hereinafter “Claims”). Consultant is expressly required to defend Town against all such
Claims.
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In its sole discretion, Town shall have the right to approve defense counsel to be
retained by Consultant in fulfilling its obligation hereunder to defend and indemnify
Town, unless such right is expressly waived by Town in writing. Town reserves the right
to provide a portion or all of its own defense; however, Town is under no obligation to do
so. Any such action by Town is not to be construed as a waiver of Consultant’s
obligation to defend Town or as a waiver of Consultant’s obligation to indemnify Town
pursuant to this Contract. Consultant shall retain Town approved defense counsel
within seven (7) business days of Town’s written notice that Town is invoking its right to
indemnification under this Contract. If Consultant fails to retain Counsel within such
time period, Town shall have the right to retain defense counsel on its own behalf, and
Consultant shall be liable for all costs incurred by Town.
SECTION VII.
INSURANCE
Consultant shall provide insurance meeting the requirements of EXHIBIT “C”, a
copy of which is attached hereto and incorporated herein, throughout the term of this
Agreement and all such renewals thereof.
SECTION VIII.
INDEPENDENT CONTRACTOR
Consultant covenants and agrees that he or she is an independent contractor
and not an officer, agent, servant or employee of Town; that Consultant shall have
exclusive control of and exclusive right to control the details of the work performed
hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondent superior shall not apply as between Town
and Consultant, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between Town and Consultant.
SECTION IX.
TERMINATION
9.01 Option. Town may, at its option, without cause, and without prejudice to any
other remedy it may be entitled to at law, in equity, or otherwise under this
Contract, terminate further work under this contract, in whole or in part by giving
at least thirty (30) days prior written notice thereof to Consultant with the
understanding that all services being provided by Consultant shall cease upon
the date such notice is received unless otherwise specifically stated in the notice
of termination.
9.02 Cause. Town reserves the right to terminate this contract immediately upon
breach of any term or provision of the Contract Documents by Consultant; or if at
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any time during the term of this contract, Consultant shall fail to commence the
work in accordance with the provisions of the Contract Documents or fail to
diligently provide services in an efficient, timely and careful manner and in strict
accordance with the provisions of the Contract Documents, or fail to use an
adequate number or quality of personnel or equipment to complete the work or
fail to perform any of its obligations under the Contract Documents, then Town
shall have the right, if Consultant shall not cure any such default after fifteen (15)
days written notice thereof, to terminate this contract and complete the work in
any manner it deems desirable, including engaging the services of other parties
therefore. Any such act by Town shall not be deemed a waiver of any other right
or remedy of Town.
9.03 Costs. If after exercising any remedy provided herein, the cost to Town of the
performance of the balance of the work is in excess of that part of the contract
sum which has not therefore been paid to Consultant hereunder, Consultant shall
be liable for and shall reimburse Town for such excess.
SECTION X.
EQUAL OPPORTUNITIES
Consultant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Consultant shall take action to ensure that applicants are
employed and treated without regard to their race, age, color, religion, sex, disability,
ancestry, national origin or place of birth. This action shall include but not be limited to
the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection of training including apprenticeship.
SECTION XI.
APPLICABLE LAW/ INDEMNITY
Consultant shall at all times observe and comply with all Federal, State and
local laws, ordinances and regulations, which in any manner affect Consultant or
the work, and shall release, defend, indemnify and hold harmless Town against
any claim arising from the violation of any such laws, ordinances and regulations
whether by Consultant or its employees. If Consultant performs any work contrary to
such laws, ordinances, rules and regulations, Consultant shall bear all costs arising
therefrom.
SECTION XII.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Contract is for any reason held to be
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contrary to the law or contrary to any rule or regulation having the force and effect of the
law, such decisions shall not affect the remaining portions of the Contract.
SECTION XIII.
NONWAIVER
It is expressly understood and agreed that, in the execution of this Agreement,
Town does not waive nor shall Town be deemed hereby to have waived any immunity
or defense that would otherwise be available to it. It is further agreed that one (1) or
more instances of forbearance by Town in the exercise of its rights herein shall in no
way constitute a waiver thereof.
SECTION XIV.
PARAGRAPH HEADINGS
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not control or
affect the meaning or construction of any of the provisions hereof.
SECTION XV.
CONTRACT INTERPRETATION
Although this Agreement is drafted by the Town, should any part be in dispute,
the parties agree that the Agreement shall not be construed more favorably for either
party.
SECTION XVI.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of the Contract
Documents which is not contained herein shall be valid or binding. The parties agree
that the Contract Documents constitute the entire understanding of the parties.
SECTION XVII.
GOVERNING LAW / VENUE
The validity of this Agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State of
Texas. The parties agree that it is performable in Denton County, Texas and that
exclusive venue shall be in Denton County, Texas.
IN WITNESS WHEREOF, the parties have executed this Contract on the dates
indicated below.
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CONSULTANT
Date: ______________ BY: __________________________
Bailey Environmental
Name: _____________________
Title: ______________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY: __________________________
Nick Sanders
Mayor
ATTEST:
___________________________
Town Secretary
Town of Trophy Club
APPROVED AS TO FORM:
_________________________________
Town Attorney
Town of Trophy Club
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ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the _____ day of
___________________, 2006, by _________________, ________________, of
__________________________ a _____________ corporation, on behalf of such
corporation.
_______________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the _______ day of
_________________, 2006 by NICK SANDERS, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation.
________________________________
Notary Public, State of Texas
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EXHIBIT “A”
SCOPE OF SERVICES
Bailey Environmental will provide inspection and other services necessary for the
administration and enforcement of the Rules and Ordinances regulating food
establishments and the service and sale of food within the Town. This service will
include but not be limited to bi-annual inspections of all food establishments with
additional inspections as required. Following each inspection a food service
establishment report will be provided to the Town identifying any deficiencies.
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EXHIBIT “B”
FEE SCHEDULE
Description of Service Fee Per Inspection
Restaurants $100.00
Cafeteria (ea. Schools) $100.00
Convenience Store $100.00
Catering Trucks/or other Vendors $125.00
Day Care Center $125.00
Foster/Adoption Homes $125.00
Grocery Store $250.00
Super Store (ea Wal-Mart) $450.00
Swimming Pools $125.00
Nursing Homes $125.00
Complaints $125.00
Consulting/Meeting/Court Appearances $125.00
Water Sampling for Lab Testing $135.00
New Construction Plan Reviews $125.00
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EXHIBIT “C”
INSURANCE & INDEMNITY
INSURANCE: (Review this section carefully with your insurance agent.)
1. General Insurance Requirements:
1.1 The Consultant/Professional/Contractor/Vendor/Supplier (hereinafter
called “Contractor”) shall not start work under this contract until the
Contractor has obtained at his own expense all of the insurance called for
here under and such insurance has been approved by the Town; nor shall
the Contractor allow any subcontractor to start work on any subcontract
until all insurance required of the subcontractor has been so obtained and
approved by the Contractor. Approval of insurance required of the
Contractor and subcontractors for the Town of Trophy Club will be granted
only after submission to the Town of original, signed certificates of
insurance or, alternately, at the Town’s request, certified copies of the
required insurance policies.
1.2 The Contractor shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Contractor. The Contractor shall furnish subcontractors' certificates of
insurance to the Town immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision:
1.3.1 "It is agreed that this policy is not subject to cancellation, non-
renewal, material change, or reduction in coverage until ten (10)
days prior written notice has been given to the Town of Trophy
Club".
NOTE: The words "endeavor to" and "but failure to mail such notice shall impose
no obligation to liability of any kind upon the company, its agents or
representatives" are to be eliminated from the cancellation provision of standard
ACORD certificates of insurance.
1.3.2 Town shall be named as additional insured on all policies, except
for Professional Liability and Workers Compensation.
1.3.3 Town shall be provided with Waiver of Subrogation on Workers'
Compensation or Alternative program if applicable.
1.4 No acceptance and/or approval of any insurance by the Town shall be
construed as relieving or excusing the Contractor, or the surety, or its
bond, from any liability or obligation imposed upon either or both of them
by the provisions of the Contract Documents.
1.5 The Town of Trophy Club (including its elected and appointed officials,
agents, volunteers, and employees) is to be named as an additional
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insured under all coverages except Workers' Compensation and
Automobile Liability, and the certificate of insurance, or the certified policy,
if requested, must so state. Coverage afforded under this paragraph shall
be primary as respects the Town, its elected and appointed officials,
agents and employees.
1.5.1 The following definition of the term "Town" applies to all policies
issued
under the contract:
The Town Council of the Town of Trophy Club and any affiliated or
subsidiary Board, Authority, Committee, or Independent Agency
(including those newly constituted), provided that such affiliated or
subsidiary Board, Authority, Committee, or Independent Agency is
either a Body Politic created by the Town Council of the Town of
Trophy Club, or one in which controlling interest is vested in the
Town of Trophy Club; and Town of Trophy Club Constitutional
Officers.
1.6 INDEMNITY. The Contractor covenants to release, defend, hold
harmless and indemnify the Town and all of its elected or appointed
officials, agents and employees (collectively the "Town ") from and
against any and all claims, loss, damage, injury, cost (including court
costs and attorney's fees), charges, liability or exposure, however
caused, resulting from or arising out of or in any way connected with
the Contractor's negligent performance or non-performance of the
terms of the Contract Documents or its obligations under the
Contract. This indemnification shall continue in full force and effect
until the Contractor completes all of the work required under the
Contract, except that indemnification shall continue for all claims
involving professional services after final acceptance of the work by
the Town for which the Town gives notice to the Contractor after the
Town 's final acceptance of the work.
1.7 The Contractor shall be responsible for the work performed under the
Contract Documents and every part thereof, and for all materials, tools,
equipment, appliances, and property of any and all descriptions used in
connection with the work. The Contractor assumes all risks for direct and
indirect damage or injury to the property or persons used or employed on
or in connection with the work contracted for, and of all damage or injury
to any person property wherever located, resulting from any action,
omission, commission or operation under the Contract, or in connection in
any way whatsoever with the contracted work, until final acceptance of the
work by the Town.
1.8 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Contractor fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the Town shall have the
absolute right to terminate the Contract without any further obligation to
the Contractor, and the Contractor shall be liable to the Town for the entire
additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
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1.9 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion
that would preclude the Town from supervising or inspecting the project as
to the end result. The Contractor shall assume all on-the-job
responsibilities as to the control of persons directly employed by it and of
the subcontractors and any persons employed by the subcontractor.
1.10 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the Town. The
Contractor shall be as fully responsible to the Town for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1.11 Precaution shall be exercised by the Contractor at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor
and its subcontractors during the term of the Contract, and the Contractor
shall be held responsible for any damage to property occurring by reason
of its operation on the property.
1.12 Written requests for consideration of alternate coverages must be
received by the Town at least ten (10) working days prior to the date set
for receipt of bids or proposals. If the Town denies the request for
alternative coverages, the specified coverages will be required to be
submitted.
1.13 All required insurance coverages must be acquired from insurers
authorized to do business in the State of Texas and acceptable to the
Town. The Town prefers that all insurers also have a policyholder's rating
of "A-" or better, and a financial size of "Class VI" or better in the latest
edition of A.M. Best, or A or better by Standard and Poors, unless the
Town grants specific approval for an exception, in the same manner as
described in 1.13 above.
1.14 The Town will consider deductible amounts as part of its review of the
financial stability of the bidder. Any deductibles shall be disclosed in the
Contractor’s proposal and all deductibles will be assumed by the
Contractor. Contractor/Vendor may be required to provide proof of
financial ability to cover deductibles, or may be required to post a bond to
cover deductibles.
2. Contractor's Insurance - "Occurrence" Basis; Except as Specifically
Provided:
2.1 The Contractor shall purchase the following insurance coverages:
2.1.1 Commercial General Liability - Such Commercial General Liability
policy shall include the following:
i. General aggregate limit is to apply per project.
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ii. Premises/Operations:
iii. Actions of Independent Contractors;
iv. Products/Completed Operations to be maintained for one
year. Final completion and acceptance of the work, with
evidence of same filed with owner.
v. Contractual Liability including protection for the Contractor
from claims arising out of liability assumed under this
contract;
vi. Personal Injury Liability including coverage for offenses
related to employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if
applicable. Coverage required for any and all work involving
drilling, excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned,
hired, or non-owned motor vehicles and automobile contractual
liability.
2.1.3 Workers' Compensation - statutory benefits as required by the
State of Texas, or other laws as required by labor union
agreements, including Employers' Liability coverage.
2.2 Professional Errors and Omissions – Claims Made Basis
The Contractor shall carry Professional Liability insurance which will pay
for injuries arising out of errors or omissions in the rendering, or failure to
render professional services under the contract, for the term of the
Contractor and up to three years after the contract is completed in the
amount following amount:
Professional Errors and Omissions, Limit $1,000,000
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action repealing Resolutions 2005-40 and
2006-18 and adopting a new Resolution appointing members to serve on
EDC 4A, EDC 4B, Planning and Zoning Commission, Tree Board, Zoning
Board of Adjustment and the Parks and Recreation Board.
EXPLANATION:
According to Section 4.16 Town Boards, Commissions and Corporations:
(b) A person who holds a paid or elected position with the Town is not eligible to serve
on a board, commission or corporation.
It is in the Town’s best interest to redesignate the Council members previously
appointed to EDC 4A and 4B as liaisons to those corporations rather than as voting
members.
EXPLANATION:
The vacancies on the Tree Board and ZBA were posted along with the opens seats of
the Parks and Recreation Board due to their December terms expiring. The application
deadline was October 20th, 2006 by 5:00 p.m.
Parks and Recreation Board has a total of five open seats; four with terms
expiring in 2009 and one resulting from a resignation, term expiring in 2007.
Appointments will be made to fill the following seats:
1. Matthew Graham – Expiring 12/06
2. Dave Glaser – Expiring 12/06
3. Kathleen Wilson – Expiring 12/6
4. Jimi Hair – Expiring 12/06 (Resigned effective 10/06)
5. Jim Rogers – Expiring 12/07 (Resigned effective 4/06)
Applicants and date application was received:
1. Sally Ridgway – 8/15/06
2. Jim Aenchbacher – 9/27/06 (Appointed to ZBA on September 18, 2006)
3. William Matthai – 10/4/06
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4. Dave Glaser – 10/5/06 (Requesting re-appointment)
5. Michael Price – 10/17/06
6. Matthew Graham – 10/20/06 (Requesting re-appointment)
7. Kathleen Wilson – 10/20/06 (Requesting re-appointment) (Appointed to ZBA on
September 18, 2006)
8. JD Stotts – 10/27/06
Parks and Recreation Board recommendation:
The Parks and Recreation Board interviewed all applicants at their meeting on Tuesday,
November 14, 2006. The following is their recommendations:
The Board voted unanimously to reappointed Matthew Graham, Dave Glaser and
Kathleen Wilson; all three abstained from the vote, the vote to appoint William Matthai
was unanimous and JD Stotts received a majority vote of 7:2 for appointment.
Applications:
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
Tree Board has one open seat with a term expiring in 2008.
Appointment will be made to fill the following seat:
1. Uschi Szpak – Expired 10/06
Applicants and date application was received:
1. Kimble Ross – 10/9/06
2. Michael Price – 10/17/06
3. JD Stotts – 10/27/06
The Tree Board is not schedule to meet until December 7th, 2006 and therefore will not
have the opportunity to interview the applicants as a Board. Tree Board Chairman,
Darin Davis will be interviewing the applicants individually and will provide his
recommendation to the Council at the meeting.
Applications:
134
135
136
137
ZBA has four open Alternate seats with terms expiring in 2008. Since
appointments to this Board were not made year, all members terms had expired.
Previously, only five applications were received for Council’s consideration at the
September 18th meeting to fill five (5) seats and four (4) alternate seats.
Appointments will be made to fill four Alternate seats:
Applicants and date application was received:
1. Doyle Nicholson – 9/25/06 (Requesting re-appointment)
2. Kevin Barry – 9/27/06 (Requesting re-appointment)
3. David Equitz – 9/28/06 (Requesting re-appointment)
4. Michael Price – 10/17/06
ZBA will not be meeting until the first of December, therefore will not be providing a
recommendation.
Applications:
138
139
140
141
142
143
144
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NOS. 2005-40
AND 2006-18, AND ADOPTING A NEW RESOLUTION APPOINTING
CITIZENS TO FIVE (5) SEATS ON ECONOMIC DEVELOPMENT
CORPORATION A, APPOINTING CITIZENS TO SEVEN (7) SEATS ON
ECONOMIC DEVELOPMENT CORPORATION B, APPOINTING
CITIZENS TO SERVE ON SEVEN (7) SEATS ON THE PLANNING AND
ZONING COMMISSION, APPOINTING CITIZENS TO SERVE ON FIVE
(5) SEATS ON THE TREE BOARD, APPOINTING CITIZENS TO FIVE
(5) SEATS AND FOUR (4) ALTERNATE SEATS ON THE ZONING
BOARD OF ADJUSTMENT, APPOINTING ELEVEN (11) MEMBERS TO
SERVE ON A PARKS AND RECREATION BOARD; DESIGNATE THE
TWO COUNCIL MEMBERS PREVIOUSLY APPOINTED TO ECONOMIC
DEVELOPMENT CORPORATION A AND ECONOMIC DEVELOPMENT
CORPORATION B AS LIAISONS; AND ADOPTING A NEW
RESOLUTION EXTENDING THE DESIGNATED TERMS OF SERVICE
FOR THOSE CITIZENS TO A UNIFORM MONTH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards and Commissions serving the Town; and
WHEREAS, the Town of Trophy Club adopted Resolution No. 2005-40 on
December 5, 2005 appointing citizens to eleven seat on the Parks and Recreation
Board; and
WHEREAS, term lengths for alternating members of the Park and Recreation
Board were resolved to expire every year in the month of December; and
WHEREAS, the Town of Trophy Club adopted Resolution No. 2006-18 on
September 18, 2006 appointing citizens to five seats on EDC 4A, appointing citizens to
seven (7) seats on EDC 4B, appointing citizens to serve on seven (7) seats on the
Planning and Zoning Commission, appointing citizens to serve on five (5) seats on the
Tree Board and appointing citizens to serve on five (5) seats and four (4) alternate seats
on the Zoning Board of Adjustment; and
WHEREAS, the Town Council is of the opinion that all Board and Commission
appointments should be uniform and in an effort to keep all Board and Commission
appointments in one Resolution, the Town Council finds it necessary to repeal
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Resolution No. 2005-40 and 2006-18, and adopt a new Resolution appointing members
to EDC A, EDC B, Planning & Zoning Commission, Tree Board, Zoning Board of
Adjustment and the Parks and Recreation Board.
WHEREAS, the Town Council has determined that due to limitations in the Town
Charter, the Council members previously appointed to EDC 4A and 4B should be
redesignated to serve as liaisons to those corporations rather than as voting members.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Resolution No. 2005-40 and 2006-18, are repealed in their
entirety.
Section 2. That the Town Council hereby adopts the terms of the following
individuals serving on Boards and Commissions with respective terms of service ending
on October 1 of the year specified below for each individual:
Economic Development Corporation A
1. T. Dwight Morrow (2007) 2. Leland Wilhelm(2008)
3. J.D. Harvey (2008) 4. Neil Twomey (2008)
5. Vacant Susan Edstrom (Liaison)
Economic Development Corporation B
1. Damian Otthoff (2007) 2. Doyle Nicholson (2007)
3. James Hicks (2007) 4. Rebecca Shuman (2007)
5. Larry Crosser (2007) 6. Cyrus Holley (2008)
7. Vacant Philip Sterling (Liaison)
Planning and Zoning Commission
1. Steve Stamos (2007) 2. Jim Moss (2007)
3. Gene Hill(2008) 4.Clayton Reed 2007)
5. Robert Ashby (2007) 6. James Stephens (2008)
7. Dennis Sheridan (2008)
Tree Board
1. Rick Merrill (2007) 2. Steven Kohs (2007)
3. Darin Davis (2007) 4. Bob Downey (2008)
5. Vacant (2008)
Zoning Board of Adjustment
1. Margi Cantrell (2008) 2. Bob Radder (2008)
3. Kathleen Wilson (2008) 4. Jim Aenchbacher (2008)
5. Bob Downey (2008) Alt. Vacant (2008)
Alt. Vacant (2008) Alt. Vacant (2008)
Alt. Vacant (2008)
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Parks and Recreation Board
1. Steven Kohs (2007) 2. Stephen Skeen (2007)
3. Wendy Hill (2007) 4 Vacancy due to resignation (2007)
5. Pauline Twomey (2008) 6 Chris McCollister (2008)
7 Steve Gregory (2008) 8. Vacant (2009)
9. Vacant (2009) 10. Vacant (2009)
11. Vacant (2009)
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 20th day of November, 2006.
____ ___________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
____________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action appointing a ZBA Chairperson.
EXPLANATION:
Current members:
Zoning Board of Adjustment
1. Margi Cantrell (2008) 2. Bob Radder (2008)
3. Kathleen Wilson (2008) 4. Jim Aenchbacher (2008)
5. Bob Downey (2008) Alt. Vacant (2008)
Alt. Vacant (2008) Alt. Vacant (2008)
Alt. Vacant (2008)
RECOMMENDATION:
Bob Downey has been on the Board since 2004. Staff recommends Bob Downey be
appointed Chairman of ZBA.
Attachments: 1. None
149
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding an ordinance amending the
Code of Ordinances of the Town by adopting Chapter XV, "Taxation",
Article I, "Hotel/Motel Occupancy Tax" levying a tax on the occupancy of
hotel rooms.
EXPLANATION:
A draft of the proposed ordinance levying a hotel/motel occupancy tax was reviewed by
Council at the November 6, 2006 meeting. The final draft of that ordinance is provided
below. The term “permanent resident” has been clarified to require an up front written
agreement for 30 consecutive days in order to allow an exemption from the tax. This
clarification is based upon the rules of the Texas Comptroller’s office. Additionally, the
payment term has been changed from quarterly to monthly.
Occupancy Tax for surrounding cities:
Grapevine's Hotel Occupancy Tax is 6%.
Roanoke's Hotel / Motel Occupancy Tax is 7%
Southlake Hotel Occupancy Tax is 7%
Fort Worth Hotel Occupancy Tax is 9%
ACTION BY COUNCIL:
Attachments: 1. Proposed Ordinance
2. Town of Trophy Club Hotel Occupancy Tax Report Instructions
3. Town of Trophy Club Hotel Occupancy Tax Report
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING CHAPTER XV, ENTITLED “TAXATION”, ARTICLE I,
ENTITLED “HOTEL/MOTEL OCCUPANCY TAX”, ADOPTING AND
LEVYING A TAX ON THE OCCUPANCY OF HOTEL ROOMS AT THE
MAXIMUM RATE AUTHORIZED PURSUANT TO CHAPTER 351 OF
THE TEXAS TAX CODE AS AMENDED; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION
OF ARTICLE I OF CHAPTER 15 BY PROVIDING DEFINITIONS;
PROVIDING FOR THE LEVY OF THE TAX; PROVIDING FOR
EXEMPTIONS AND REFUNDS; PROVIDING FOR REPORTS AND
RECORDS; PROVIDING FOR TAX COLLECTION; PROVIDING FOR
USE OF TAX REVENUE; PROVIDING THAT ANY PERSON WHO
VIOLATES CHAPTER XV, ARTICLE I, SHALL BE GUILTY OF A
MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00) AND THAT EACH DAY THE
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST
SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality empowered by the Texas Constitution and state law to levy
taxes for lawful purposes; and
WHEREAS, Section 351.002 of the Texas Tax Code authorizes a municipality to
adopt an ordinance to impose a tax on a person who, under contract or agreement,
pays for the use or possession or for the right to use or possession of a room in a hotel;
and
WHEREAS, the Town Council has determined it necessary and appropriate to
levy a tax on the occupancy of a hotel room and to use the revenues from such tax for
lawful purposes pursuant to Chapter 351 of the Texas Tax Code, as amended.
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
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SECTION 2.
AMENDMENT - ADOPTION OF CHAPTER XV, ARTICLE I
2.01 Article I. entitled “Hotel/Motel Occupancy Tax” of Chapter XV, entitled “Taxation”
of the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall read
in its entirety as follows:
“1.01 DEFINITIONS
As used in this Chapter, the following words, terms, and phrases are defined as
follows:
A. Chief Financial Officer means the Finance Director for the Town of Trophy Club
or his or her designee.
B. Hotel means a building in which members of the public obtain sleeping
accommodations for consideration. The term includes a hotel, motel, tourist home,
tourist house, tourist court, hostel, lodging house, inn, rooming house, or bed and
breakfast. The term does not include:
(1) a hospital, sanitarium, or nursing home; or
(2) a dormitory or other housing facility owned or leased and operated by an
institution of higher education or a private or independent institution of higher
education as those terms are defined by Section 61.003, Education Code,
used by the institution for the purpose of providing sleeping accommodations
for persons engaged in an educational program or activity at the institution.
C. Interruption of payment means a breach of the obligation to make continuous
timely payment for one or more days or parts of a day within a period of thirty (30)
consecutive days of occupancy.
D. Permanent Resident means an occupant(s) whose use, possession or whose
right to use or possession of a hotel sleeping room extends for at least thirty (30)
consecutive days and where there is no interruption of payment for the period and
where prior to using or possessing the hotel sleeping room, the occupant(s) have
executed a written agreement for use or possession of a hotel sleeping room for a
period of thirty (30) consecutive days as required by the Texas State Comptroller’s
Office.
E. Person means any individual, company, firm, corporation, association or legal
entity owning, operating, managing or controlling any hotel as defined herein.
F. Quarterly Period means the regular calendar quarters of the year, the first
quarter being composed of the months of January, February, and March, and the
second quarter being the months of April, May and June, the third quarter being the
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months of July, August and September, and the fourth quarter being the months of
October, November and December.
G. Revenue includes any interest derived from the revenue or tax.
1.02 LEVY OF TAX
A. Tax Rate. There is hereby levied a tax upon the cost of occupancy of any room
ordinarily used as a sleeping room furnished by any hotel within the Town of Trophy
Club where such cost of occupancy is at the rate of $2.00 or more each day, such tax to
be equal to the maximum tax as is now or as hereafter permitted by State law.
B. Room Price. The price of a room in a hotel does not include the cost of food
served by the hotel, the cost of personal services performed by the hotel for the person,
except for those services related to cleaning and readying the room for use or
possession, any tax assessed by any other governmental agency for occupancy of the
room, or the cost of any other products or services not included in or allowed as a part
of the price of a room.
C. Permanent Resident Excluded. The tax does not apply to a person who is a
permanent resident as defined herein.
D. Extraterritorial Jurisdiction. Pursuant to state law, the tax authorized by this
Chapter shall be imposed on all hotels located within the extraterritorial jurisdiction of
the Town of Trophy Club; provided that the combined rate of state, county, and
municipal hotel occupancy taxes in the extraterritorial jurisdiction does not exceed
fifteen (15) percent of the price paid for a room in the hotel.
E. Collection and Remittance. The revenue obtained by a hotel as a result of this
tax shall be collected by the hotel and paid to the Town monthly. A report shall be filed
with the Town in the form required by the Chief Financial Officer to accurately reflect the
amount of taxes owed and revenue obtained. The tax and report shall be submitted to
the Town on or before 5:00 p.m. on the twentieth (20th) day following the last day of
each reporting period. The Chief Financial Officer shall have the authority to make such
rules and regulations as are necessary to effectively report and collect, the tax, penalty
and/or interest levied by this Chapter and state law. If the report is filed or tax is paid
after the due date required by this Chapter, in addition to the amount of tax due
hereunder, a penalty shall be imposed as follows: (1) If the report and/or tax are
received by the Town within ten (10) days following the due date, a penalty of ten
percent (10%) of the amount due shall be paid to the Town. (2) If the report and/or tax
are received by the Town on or after the eleventh (11th) day after the due date, a
penalty of fifteen percent (15%) of the amount due shall be paid to the Town.
F. Collection Procedures on Purchase of Hotel. If a person who is liable for the
payment of a tax under this Chapter is the owner of a hotel and sells the hotel, the
successor to the seller or the seller’s assignee shall withhold an amount of the purchase
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price sufficient to pay the amount due until the seller provides a receipt by the Town’s
Chief Financial Officer showing that the amount has been paid or a certificate showing
that no tax is due. The Town’s Chief Financial Officer shall issue the certificate or
statement not later than the 60th day after the date that he/she receives the request.
Failure of the Chief Financial Officer to timely provide the certificate or statement
required by this section shall release the purchaser form the obligation to withhold the
purchase price or pay the amount due. The purchaser of a hotel who fails to withhold an
amount of the purchase price as required by this Chapter and state law is liable to the
Town for the amount required to be withheld to the extent of the value of the purchase
price.
1.03 EXEMPTIONS AND REFUNDS
A. Exemptions. This Chapter does not impose a tax on any of the following
occupants:
i. Qualifying Religious, Charitable or Educational entities. A corporation or
association that is organized and operated exclusively for a religious,
charitable, or educational purpose if no part of the net earnings of the
corporation or association inure to the benefit of a private shareholder or
individual. For purposes of this exemption, a public or private institution of
higher education is organized and operated exclusively for an educational
purpose only if the institution is defined as a Texas institution of higher
education or as a Texas private or independent institution of higher education
under any subdivision of Section 61.003, Texas Education Code, as
amended.
ii. United States Government. The United States Government agencies and
their officers or employees when traveling or otherwise engaged in the course
of official duties for the governmental entity.
iii. Military Personnel. Military personnel traveling on official military business.
iv. Qualifying State of Texas entities. The state of Texas, or any agency,
institution (excluding state educational institutions), board or commission of
the State of Texas and their officers or employees when traveling or
otherwise engaged in the course of official duties. Notwithstanding the
foregoing, a state governmental entity described by this section shall pay the
tax imposed by this Chapter but is entitled to a refund of the tax paid.
v. Qualifying State Officer or Employee. A state officer or employee of a state
governmental entity described by section (d) above who is entitled to
reimbursement for the costs of lodging and for whom a special provision or
exception to the general rate of reimbursement under the General
Appropriates Act applies and who is provided with photo identification
verifying the identity and exempt status of the person is exempt from the
payment of the tax.
vi. Diplomatic Personnel. Diplomatic personnel who present a tax exemption
card issued by the United States Department of State.
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vii. Occupants Qualifying as Permanent Residents. Occupants whose use,
possession or whose right to use or possession of a hotel sleeping room
extends for at least thirty (30) consecutive days and where there is no
interruption of payment for the period as defined herein, and where such
person has complied with the requirement to execute a written agreement for
thirty (30) days of consecutive use prior to commencing such use or
possession as required by the Texas State Comptroller.
viii. Exemption Certificate Received in Good Faith. The right to use or
possess a room in a hotel is exempt from taxation under this Chapter if the
person required to collect the tax receives, in good faith from a guest, an
exemption certificate stating the following qualifications for an exemption: the
person is a state officer or employee of a state governmental entity described
in subsection (d) above for whom a special provision or exception to the
general rate of reimbursement under the General Appropriations Act applies
and who is provided with photo identification verifying the identity and exempt
status of the person is not required to pay the tax and is not entitled to a
refund.
B. Refunds. Refunds are allowed as provided by state law and shall be subject to
the following regulations:
i. Time Limitation. A governmental entity claiming a refund must file a refund
claim with the Town only for each calendar quarter for all reimbursements
accrued during that quarter. Claims filed outside of this time period will not
be reimbursed.
ii. Refund Form. In order to receive a refund, the governmental entity entitled to
the refund shall file a refund claim on a form provided by the Town and
containing the information required by the Town as prescribed by the rules of
the state comptroller.
1.04 REPORTS / RECORDS
A. Records / Audit. Every hotel within the Town shall keep and maintain accurate
records of the consideration and hotel occupancy tax paid by the occupant of each
sleeping room in the hotel. Such records shall include, but not be limited to, guest
folios, tax exemption certificates, and any original documents such as posting ledgers
and rate and stay adjustment reports, and any other documents necessary to provide
the information on the Town Hotel Occupancy Tax reporting form required by the Chief
Financial Officer and the State of Texas form for reporting hotel occupancy tax to the
Comptroller’s Office,. These reports may be retained in any retrievable format,
including but not limited to micro form and shall be maintained for a period of not less
than four (4) years; and shall be available for inspection upon request by any employee,
agent, officer or representative of the Town at all reasonable times. Any adjustments or
allowances made or granted shall be reported to the Town of Trophy Club on a form
provided by the Chief Financial Officer.
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B. Compliance. It shall be unlawful for any person to fail to perform an act required
by this Chapter, including but not limited to compliance with the requirements to collect,
pay and accurately report, taxes as required by this Chapter and state law.
1.05 TAX COLLECTION
A. Suit. The Town Attorney or other attorney acting on behalf of the Town is
authorized to bring suit against a person who is required to collect the tax imposed by
this Chapter and pay the collections over to the Town and who has failed to file a tax
report or pay the tax when due in order to collect the tax not paid or may enjoin the
person from operating a hotel in the Town until the tax is paid or the report filed in
accordance with a Court order. In addition to the amount of any tax owed under this
Chapter, the person is liable to the Town for:
i. The Town’s reasonable attorney’s fees;
ii. The costs of an inspection or an audit conducted under Section 1.04 or
this section as determined by the Town using a reasonable rate, but only if
the tax has been delinquent for at least two complete municipal fiscal
quarters at the time the audit is conducted; and
iii. A penalty equal to fifteen (15) percent of the total amount of the tax owed.
B. Audit. If the person required to file a tax report under this Chapter does not file
the report as required by the Town, the Town Attorney or other attorney acting for the
Town may determine the amount of tax due under this Chapter by:
i. Conducting an audit of each hotel in relation to which the person did not
file the report as required by the Town; or
ii. Using the tax report filed for the appropriate reporting period under
Section 156.151 of the Texas Tax Code, as amended.
The authority to conduct an audit under this section is in addition to any other audit
authority provided by statute, charter, or ordinance.
C. Statute of Limitations. A limitation period relating to the time allowed to assess
taxes and bring a suit to collect taxes does not apply to a tax imposed under this
Chapter or to a suit brought under this section.
D. Failure to File Report. If a person fails to a file a tax report as required under
state law or this Article for the required reporting period, the Town Attorney or other
attorney acting for the Town may estimate the amount of tax due by using the tax
reports in relation to the hotel that were filed during the previous calendar year under
this Ordinance or state law. An estimate made under this section is prima facie
evidence of the amount of tax due for that period in relation to that hotel.
1.06 USE OF TAX REVENUE
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A. Revenue from municipal hotel occupancy tax may be used only to promote
tourism and the convention and hotel industry, and that use is limited to the following:
(i) Convention/Visitor Facilities. The acquisition of sites for the
construction, improvement, enlarging, equipping, repairing, operation, and
maintenance of convention center facilities or visitor information centers,
or both;
(ii) Furnishings. The furnishing of facilities, personnel, and materials
for the registration of convention delegates or registrants;
(iii) Advertising and Promotions. Advertising and conducting
solicitations and promotion programs to attract tourists and convention
delegates or registrants to the town or its vicinity;
(iv) Arts. The encouragement, promotion, improvement and application
of the arts, including instrumental and vocal music, dance, drama, folk art,
creative writing, architecture, design and allied fields, painting, sculpture,
photography, graphic and craft arts, motion pictures, radio, television, tape
and sound recording, and other arts related to the presentation,
performance, execution, and exhibition of these major art forms;
(v) Historic Purposes. Historical restoration and preservation projects
or activities or advertising and conducting solicitations and promotional
programs to encourage tourists and convention delegates to visit
preserved historic sites or museums:
a. At or in the immediate vicinity of convention center facilities
or visitor information centers; or
b. Located elsewhere in the Town or its vicinity that would be
frequented by tourists and convention delegates;
(vi) Other. Other qualifying uses as set forth in Section 351.101 of the
Tax Code, as amended, or other applicable law.
B. Daily Operations. Hotel occupancy tax revenue spent for a purpose authorized
by this Section may be spent for day-to-day operations, supplies, salaries, office rental,
travel expenses, and other administrative costs only if those administrative costs are
incurred directly in the promotion and servicing expenditures authorized under Section
1.06(A) above.
C. Allocation of Revenues. Allocation of tax revenues for the purposes specified
in Section 1.06 (A) (iii) above shall be in an amount not less than the amount of revenue
received by the Town from the tax at a rate of one (1) percent of the cost of a room.
1.07 CRIMINAL PENALTY
Any Person who violates this Chapter shall be guilty of a misdemeanor and each
day the violation is allowed to exist or continues to exist shall be a separate offense.
Each such offense shall be punishable by a fine not to exceed $500.00. The penalties
provided in this ordinance are cumulative of any other remedies and/or actions for
collection available to the Town by law.”
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SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting taxation and shall not repeal any of the provisions of such Ordinances except
in those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining 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 by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Five Hundred Dollars ($500.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or
continues.
SECTION 7.
PUBLICATION
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The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code, Charter, and other applicable
law.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage and
publication 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 20th day of November, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
159
TOWN OF TROPHY CLUB
HOTEL OCCUPANCY TAX REPORT INSTRUCTIONS
Who Must File: You must file this report if you are a sole owner, partnership, corporation or other
organization that owns, operates, manages or controls any hotel or motel in the Town of Trophy Club.
Complete and detailed records must be kept of all receipts reported and exemptions or reimbursements
claimed so that a city accountant can verify the reports. Failure to file this report and pay applicable tax
may result in fines and penalties.
When To File: The reporting period is for each calendar month of the year. Timely reports must be
submitted so they are received by 5PM on or before the 20th of the month following the reporting
period. The report must be filed for every period even if you have no amount subject to tax or no tax due.
Enter “0” if no receipts were collected for this reporting period. If the due date falls on a Saturday, Sunday
or city holiday, the next business day will be the due date.
For Assistance: The Town of Trophy Club Hotel Occupancy Tax Report and instructions may be obtained
through the Town’s website, www.trophyclub.org, by clicking on Government and then Forms &
Publications. You may call (682) 831-4660 for assistance.
General Instructions: Please type the information on the report and print it before mailing to the Town,
along with the remittance. You may print the information on the report, but it must be in ink only.
Complete all applicable items of the report. You must sign and date the report before mailing. A copy of
the concurrent “Texas Hotel Occupancy Tax Report” filed with the State Comptroller of Public
Accounts must be attached to the Town’s report. Make check payable to Town of Trophy Club, and
mail forms and check to: Town of Trophy Club, Attn: Finance, 100 Municipal Drive, Trophy Club, TX
76262.
SPECIFIC INSTRUCTIONS
Line (A) Enter the total amount of room receipts for the month for location shown. Enter “0” if no
taxable receipts were collected.
Line (B) For explanations of tax exemptions, please refer to the Texas Comptroller’s Hotel
Occupancy Tax Exemptions Publication and Town Ordinance 2006-XX.
Line (C) Subtract line B from Line A.
Line (D) The Town of Trophy Club Hotel Occupancy Tax rate is 7%.
Line (E) Multiply Line C by 7%.
Line (F) If the report is filed or tax paid after the due date, enter penalty (1-10 days late equals
10% of Line E; on or after 11th day equals 15% of Line E).
Line (G) Add lines E and F.
Line (H) Enter the number of room days rented for the month.
Line (I) Enter the number of rooms available for the month.
Line (J) Enter the number of days in the month.
Line (K) Divide line H by the product of line I and J. Report the percentage using two decimal
places (i.e., 75.85%).
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161
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding an Ordinance amending
Chapter X of the Code of Ordinances entitled "Public Safety" by adopting
Article XII, entitled "Fire Marshal" to establish a Fire Marshal's Office.
EXPLANATION:
The creation of a Fire Marshal’s Office will decrease the work load on our current police
department in enforcement and investigations and will allow the reserve personnel to be
used in this capacity.
By approving this Ordinance, the TCLEOSE commissions will be carried under the Fire
Department. Enforcement of the Fire Code and arson investigations will be under the
direction of the Fire Marshal. The Fire Marshal designation is currently carried by the
Fire Chief and will remain as such.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(dt)
Attachments: 1.Ordinance
162
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - ___
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY AMENDING CHAPTER X, ENTITLED “PUBLIC SAFETY”, TO
ADD ARTICLE XII, ENTITLED “FIRE MARSHAL”, CREATING A FIRE
MARSHAL’S OFFICE FOR THE TOWN OF TROPHY CLUB;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR THE ADOPTION OF ARTICLE XII OF CHAPTER X BY
PROVIDING FOR THE CREATION OF A FIRE MARSHAL’S OFFICE;
BY PROVIDING STANDARDS; SETTING FORTH THE AUTHORITY
AND DUTIES OF THE FIRE MARSHAL; PROVIDING THE DUTIES OF
ARSON INVESTIGATORS; PROVIDING FOR THE CREATION OF AN
ARSON INVESTIGATOR RESERVE FORCE; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality empowered by the Texas Constitution and state law to enact
ordinances that serve the public health, safety and welfare; and
WHEREAS, the Town of Trophy Club, Texas is currently provided with arson
investigation and fire code enforcement services by law enforcement officers
commissioned by the Trophy Club Police Department;
WHEREAS, the Town Council desires to create a Fire Marshal’s Office for the
Town, to be administered by the Fire Marshal who will serve as the chief law
enforcement of the Fire Marshal’s Office; and
WHEREAS, the Town Council finds that it serve the public health, safety and
welfare to adopt this ordinance creating the Office of Fire Marshal and setting forth the
duties and authority to be exercised by that Office.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
163
SECTION 2.
AMENDMENT - ADOPTION OF ARTICLE XII OF CHAPTER X
2.01 Chapter X, entitled “Public Safety”, of the Code of Ordinances of the Town of
Trophy Club is hereby amended by the adoption of Article XII, entitled “Fire Marshal”,
which shall read in its entirety as follows:
”12.01.
Creation of Fire Marshal’s Office
There is hereby created a Fire Marshal’s Office for the Town of Trophy Club,
Texas, at the head of which shall be the Fire Marshal. The Fire Marshal’s Office shall
be composed of the Fire Marshal, Arson Investigators, and other employees as the
Town may provide.
12.02.
Standards
No person shall be certified as a Fire Marshal or Reserve or full-time Arson
Investigator until such person has complied with all requirements established by the
State of Texas for peace officers and by the Town acting through the Fire Marshal.
12.03.
Fire Marshal – Authority and Duties
A. The Fire Marshal shall be the chief law enforcement officer for the Fire Marshal’s
Office and chief arson investigator and fire code enforcement officer for the Town. He
or she shall:
(i) organize and administer the Fire Marshal’s Office in conformity with the
ordinances of the Town and the Constitution and laws of the State of
Texas and the United States;
(ii) have immediate direction and control of the Fire Marshal’s Office, subject
to the supervision of the Town Manager and such rules, regulations and
orders as the Town Manager may prescribed;
(iii) consistent with policies and procedures established by the Town Manager,
the Fire Marshal shall promulgate all orders, rules and regulations for
government of the Fire Marshal’s Office;
(iv) appoint and discipline Reserve or full-time Arson Investigators and other
employees of the Fire Marshal’s Office, who shall serve at his or her
164
discretion, consistent with the Town’s Personnel Policies and Procedures
where applicable;
(v) have the same powers in the Town as the Sheriff of Denton County for the
prevention and suppression of crime, the arrest of offenders, the taking of
bail and the execution of arrest warrants, search warrants and other writs;
and
(vi) be responsible for all arson investigations and fire code enforcement
services and perform such other duties as may be required by the Town
Manager.
B. The Fire Marshal shall be appointed by the Town Manager and shall serve at the
pleasure of the Town Manager who may terminate his or her services at any time
consistent with the Town’s Personnel Polices and Procedures, where applicable.
12.04.
Duties of Arson Investigators
A. The Fire Marshal and all Reserve or full-time Arson Investigators of the Fire
Marshal’s Office shall be, and they are hereby vested with all the power and authority
given to them as peace officers under the laws of the state, the federal law, and the
ordinances and regulations of the Town and it shall be the duty of each such officer:
(i) to use his or her best endeavors to prevent the commission within the
Town of offenses against the laws of the state, the federal government;
and against the ordinances and regulations of the Town;
(ii) to observe and enforce all such laws, ordinances and regulations;
(iii) to detect and arrest offenders against the same; and
(iv) to preserve the public peace, health and safety.
B. All peace officers shall execute any criminal warrant, warrants of arrest, any writ,
subpoenas or other process that may be placed in their hands by duly constituted
authorities.
12.05.
Arson Investigator Reserve Force
A. There is hereby created an auxiliary arson investigation force to be known as the
Arson Investigator Reserve Force.
B. The Fire Marshal shall be the head of the Arson Investigator Reserve Force, and
the members of the reserve shall be under the authority, control and command of the
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Fire Marshal subject to all provisions of the ordinances of the Town and laws of this
state. The Fire Marshal may, by order, establish rules and regulations to govern the
Arson Investigator Reserve Force, to fix specific duties of its members and to provide
for the maintenance of discipline. He or she may change such orders from time to time,
and may command members of the Arson Investigator Reserve Force to obey the
instructions of regular Arson Investigators in carrying out their orders.
C. Members of the Arson Investigator Reserve Force shall comply with the
standards as set forth by the Texas Commission on Law Enforcement Officer Standards
and Education prior to appointment. Additional standards may be set by the Fire
Marshal.
D. The duties of the Arson Investigator Reserve Force, subject at all times to the
direction, supervision and control of the Fire Marshal, shall be to assist the regular
members of the Fire Marshal’s Office in the enforcement of law and maintenance of
peace and order during period of emergencies designated by the Fire Marshal. All
members of the Arson Investigator Reserve Force shall be subject to all rules, polices
and regulations governing the conduct and operations of regular Arson Investigators.
The Fire Marshal may prescribe other duties than those mentioned herein to be
performed by the Arson Investigator Reserve Force.
E. Members of the Arson Investigator Reserve Force shall be appointed by the Fire
Marshal, to serve at his or her discretion, and any member may resign from the Arson
Investigator Reserve Force at any time, but it shall be his or her duty to notify the Fire
Marshal of his or her resignation.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting enforcement of the Fire Code, arson investigation and all matters related
to the Office of Fire Marshall for the Town, 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.
166
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining 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 by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
DULY PASSED AND APPROVED this the 20th day of November, 2006
___________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary, Town of Trophy Club, Texas
APPROVED AS TO FORM:
_____________________________________
Town Attorney, Town of Trophy Club, Texas
167
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No. D.9
Discuss and take appropriate action regarding an Ordinance amending
Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances,
entitled Administration”, by amending Section 8.11 (L), “Parking Permits”,
Section 8.03, (F) “Contractor Registration”, (S) “Portable Storage Unit”, “U”
“Propane Tank, "AA" Irrigation Meter; and amend Chapter 10, Article III,
Section 3.03, “Permit Required Application, Issuance”, Paragraph “H”, to
reference the Schedule of Fees for single family residences and business
permits.
EXPLANATION: The changes included are general clean up of established fees and
inclusion of fees adopted in other ordinances since the last major revision. Detailed
explanation follows.
♦ Parking Permit fees were established in Ordinance 2006-09 and this action includes them in the
schedule of fees for convenience.
♦ The Contractor Registration for Irrigator is added as its omission was an oversight.
♦ Portable Storage Unit fees were established in Ordinance 2006-10 and this action includes them
in the schedule of fees for convenience.
♦ The amendment of Propane Tank is added as its omission was an oversight.
♦ The addition of Irrigation Meter under Stormwater Utility is added as its omission was an
oversight.
♦ Due to a conflict in the Code of Ordinances for Single Family Residence and Business Permits, it
was necessary to amend Chapter 10, Article 3, Section 3.03 to reference the Town’s adopted Fee
Schedule for Single Family Residence and Business Permits
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Ordinance
168
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2006-
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”, BY AMENDING
SECTION 8.11 “PARKING PERMITS”, TO REVISE FEE
AMOUNT FOR PARKING PERMIT; BY AMENDING
SECTION 8.03, ENTITLED, “COMMUNITY
DEVELOPMENT DEPARTMENT” BY AMENDING
SUBSECTION “F”, “CONTRACTOR REGISTRATION”, TO
ADD FEE AMOUNT FOR IRRIGATOR CONTRACTOR; BY
AMENDING SUBSECTION “S” PORTABLE STORAGE
UNIT, TO ADD FEE AMOUNTS FOR SAME; BY
AMENDING SUBSECTION “U” PROPANE TANK, TO ADD
A PERMIT PROCESSING FEE; BY AMENDING
SUBSECTION “AA” STORMWATER DRAINAGE UTILITY,
TO ADD A FEE FOR IRRIGATION METER; AND
AMENDING CHAPTER 10, ARTICLE III, SECTION 3.03,
“PERMIT REQUIRED; APPLICATION, ISSUANCE”,
PARAGRAPH “H”, TO REFERENCE THE SCHEDULE OF
FEES FOR SINGLE FAMILY RESIDENCES AND
BUSINESS PERMITS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, due to changes in costs incurred by the Town which require an
amendment to various fees, the Town Council now finds it necessary and proper to
amend the Code of Ordinances by revising the fees associated with Parking Permits
and adding fees for Contractor Registration for Irrigators, Portable Storage Units,
Propane Tanks and Irrigation Meter into the Schedule of Fees; and
WHEREAS, due to a conflict in the Code of Ordinances for Single Family
Residence and Business Permits, The Town Council finds it necessary to amend
Chapter 10, Article 3, Section 3.03 to reference the Town’s adopted Fee Schedule for
Single Family Residence and Business Permits; and
169
WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement
for administrative costs incurred by the Town in providing various services to the public;
and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided; and
WHEREAS, the Town Council hereby finds that the amendment of Sections 8.11
and Section 8.03, subsections F, S, U and AA, of Article VIII, Chapter 1, of the Code of
Ordinances, as further specified herein serves the best interests of the Town.
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.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.11,
entitled “Parking Permits” so that Section 8.11 is hereby revised as follows:
170
171
172
173
174
175
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the ______ day of _________, 2006.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
176
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding a Resolution supporting a
Local Option Sales Tax to fund Regional Rail in North Central Texas and
authorizing the Mayor, through his vote, to express support of the joint
recommendation by DART, DCTA and The T.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. DCTA Joint Recommendation
2. Resolution
177
178
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS SUPPORTING A LOCAL
OPTION SALES TAX TO FUND REGIONAL RAIL IN
NORTH CENTRAL TEXAS; AUTHORIZING THE MAYOR
TO EXPRESS THROUGH HIS VOTE IN THEIR
ORGANIZATIONS THE TOWN’S SUPPORT OF THE
JOINT RECOMMENDATION BY DART, DCTA AND THE T;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas supports regional efforts to address
the mobility and air quality needs of the citizens of North Central Texas; and
WHEREAS, implementing the passenger rail service component of the
Metropolitan Transportation Plan of the Regional Transportation Council is essential in
addressing the mobility and air quality needs of the citizens of North Central Texas; and
WHEREAS, local elected officials and transportation professionals in North
Central Texas have studied the funding options for implementing the regional rail plan
and determined that the sales tax is the best feasible means of providing the needed
funding; and
WHEREAS, most local governments in North Central Texas have no capacity
remaining within the two cent cap on local sales tax without the Texas Legislature
providing some relief from the current cap; and
WHEREAS, the Town of Trophy Club believes that the North Central Texas
regional rail plan can best be implemented by the Texas Legislature exempting from the
two-cent cap on local sales tax an amount equal to the locally authorized transit sales
tax and authorizing local governments to conduct a local option election to enact a sales
tax for transit; and
WHEREAS, the Town of Trophy Club believes that such action by the Texas
Legislature is important to the economic vitality of Texas and the quality of life of
Texans.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. That the 80th Texas Legislature is respectfully urged to exempt from
the two-cent cap on local sales tax an amount equal to the locally authorized transit
sales tax and authorize local governments to conduct a local option election to enact a
179
sales tax for transit or other lawful purposes; and
Section 2. That the joint recommendation of DART, DCTA and The T for
regional rail in North Central Texas attached hereto and made a part hereof is
endorsed.
Section 3. That the Mayor as a member of the Northwest Communities
Partnership, Tarrant Regional Transportation Coalition and Metroport Cities Partnership
may express through his vote in these organizations the Town’s support of the joint
recommendation by DART, DCTA and The T.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 20th day of November, 2006.
______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney
Town of Trophy Club, Texas
180
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.11
Discuss and take appropriate action to approve the minutes from the
September 19, 2006 Town Hall Meeting.
EXPLANATION:
This meeting was not a regularly scheduled Council Meeting, however a quorum
was present.
Council members Cates and Edstrom were not present at this meeting; therefore
the minutes were not placed on the Consent Agenda.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. September 19, 2006 Minutes
181
MINUTES OF A TOWN HALL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
TUESDAY, SEPTEMBER 19, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met for a Town Hall meeting on Tuesday,
September 19, 2006. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem Williams
Gregory Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Beth Ann Gregory Community Development Director
Tom Rutledge Teague, Nall and Perkins
George Gearner Public Works Advisory Group
Rick Cally Public Works Advisory Group
Glen Strothers Public Works Advisory Group
John Navaro Public Works Advisory Group
Riley Mills Public Works Advisory Group
Brandon Emmons commented that a quorum of the Town Council was present and asked that the Mayor
call them to order.
Mayor Sanders called to order noting a quorum was present.
Brandon Emmons explained the purpose of the meeting is to present information to the public and
receive public input on the streets management plan. The information will help the Council make
their decisions when they evaluate the next step of the process in the street bond project.
Town Manager Brandon Emmons introduced the people sitting at the dais and provided a brief history of
the Bond Election in 2000.
A.1 Staff and the Public Advisory group gave a presentation regarding the sale and use of remaining
bond debt for street reconstruction projects, financing costs for bond sale and the tax impact of
bond sale.
Community Development Director Gregory gave a presentation regarding the sale and use of remaining
bond debt for street reconstruction projects.
Director of Finance Unger provided the financial costs for the bond sale and the tax impact of the bond
sale.
182
Tom Rutledge from Teague, Nall and Perkins explained they have been involved in the Town since 1999.
The data that has been collected and added to the street software has allowed us to make educated
suggestions, as it is more mathematical and predictive. Rutledge commented that street maintenance is
very hard to predict and complemented Beth Ann for her presentation as the Town is now better equipped
to manage the streets.
Town Manager Emmons thanked the Public Works Advisory Group for their hard work and for their
service to the community.
B.1 Citizen input regarding Staff presentation and related street construction and repair projects was
received.
Dwight Marrow, 251 Oakhill Drive – Appreciates a staff and Council that realize the Town’s streets need
repair and supports the repair of the streets.
Dennis Sheridan, 1 Hill Crest Court – Does not believe there is a decision to be made as the residents
made their decision when they passed the bond. Sheridan asked if the repairs would be made to
the roads only and not to the ancillary issues.
Pearl Ford, 2 Spring Creek Court – Thanked the staff and the Public Works Advisory Group for their work
and spoke in support of the repair.
Margaret Best, 27 West Hillside Place - Asked what the Questioned the wording on the Bond Proposition.
Philip Sterling, 33 Alamosa Drive – Questioned the time frame to expend the 3.2 million.
Roger Williams, 215 Phoenix Drive – Spoke to the discussion that Council has not moved forward as fast
as some residents think that they should have.
Mayor Sanders adjourned the Council at 8:23 P.M.
____________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
183
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.12
Discuss and take appropriate action regarding the (90) day evaluation of
Town Manager Emmons duties, goals and objectives.
EXPLANATION:
During the interview process and included in Town Manger Emmons offer letter it was indicated that he
would receive a review upon completing the six month trial period and be eligible for a salary increase,
which was budgeted at $8,300.00.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from 6/19 Minutes
2. Personal Change Notice for salary increase
184
D.19 Discuss and take appropriate action regarding the Town Manager duties, goals and objectives for
the ninety (90) day evaluation.
Brandon Emmons commented that it is not often that you get to set your own goals and you will be
reviewed on and that he appreciates the opportunity to do so. Emmons explained his short-term
goals as:
1. Effectively communicate focal point and establish Town Manager as the chief administrative
officer and head of the administrative branch of the Town
2. Establish a team mentality that all employees work for one entity. Plans to accomplish with
team building and training,
3. Develop a friendly environment for new development.
Quantifiable goals as:
1. Reevaluate the Town’s Organization chart
2. Clarify the reporting structure of staff and chain of command by setting guidelines
3. Identify expense saving opportunities by establishing interlocal agreements, thus sharing
expenses with neighboring communities
4. Create job descriptions Police and Fire Chief, post, interview and hire for these positions
5. Define parameters for the agenda process (Accomplished earlier in the meeting.)
Long-term goals:
1. Review and implementation of comprehensive plan for Trophy Club
Brandon Emmons informed Council members Lamont and Sterling of his vacation in August as he
previously informed the Mayor and other Council members during at his interview.
Mayor Sanders requested that Brandon add to his long-term goals and objections the facilitation of a
process for providing water/waste water to the Highlands of Trophy Club to his goals and
objective. Sanders requested that at the end of Emmons’ first year, he present a vision, plan and
process toward meeting the Town’s number one objective, of the future of the MUDs in the Town.
Mayor Pro Tem Williams requested that a balanced budget be presented at the very beginning of in future
budget processes.
Council member Lamont would like to see the committees become more active and provide Council with
periodic reports.
Council member Edstrom asked that Brandon focus on encouraging volunteerism.
Council member Cates asked that Brandon work on improving the Town’s image that has been lost in the
community.
185
186
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.14
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
Attachments: 1.List
Review of Advisory Groups Committees Policies. (12/4/06)
Building Standards Commission for the Town. (12/4/06)
Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
Review of Property Maintenance Ordinance.
Discuss and take appropriate action regarding an Ordinance amending Chapter
14 entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1
entitled "Roadway Design" of the Code of Ordinances of the Town.
Discuss and provide input relative to an Ordinance amending the Chapter 3,
Article XII Standards for the Repair, Removal or Demolition of
Substandard Buildings and establishing
Discussion about storm water discharge from pools.
Discuss and appropriate action regarding a policy for accepting gifts.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive
and consideration of improvements for area to create a linear park.
Discuss and take appropriate action relative to an Ordinance amending Article
IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled
"General Land Use", by amending Sections 4.05. (relative to political signs
and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve
an Ordinance establishing the Town's Emergency Management System.
Ordinance to designate The Town of Trophy Club a "Smoke Free" Town.
Ordinance to remove uninsured vehicles from the streets of Trophy Club by
impounding the vehicle until the vehicle is properly insured and inspected.
Ordinance to impound any vehicle that is being driven on the streets of Trophy
Club when the driver does not have a current or valid Drivers License.
187
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.D.15
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
(a) Town Council calendar of events and activity reports.
(b) Town Manager's Report.
Attachments: 1. None
188
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-20-2006
Subject: Agenda Item No.E.1
Adjourn.