Agenda Packet TC 04/07/2008
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Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 7, 2008 at 7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.4 Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
A.5 Overview of 2008 Northwest ISD Bond Program, presented by NISD
Superintendent Dr. Rue, and discussion of same by Council.
A.6 Overview and presentation of the issuance of $2,000,000 of tax bonds and the
levy of ad valorem taxes to pay for the bonds (construction and equipment of fire
station and acquisition of land by the Master District) and discussion of same.
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. February 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 19, 2007.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 17, 2007.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 3, 2008.
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B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 12, 2008 (Joint Regional Meeting.)
B.6 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 17, 2008.
C.1 Discuss and take appropriate action regarding a Resolution supporting and
encouraging the passage of the May 10, 2008 Northwest ISD $260,000,000
bond.
C.2 Discuss and provide input regarding an Interlocal Agreement between the Town
of Trophy Club, the City of Roanoke, NISD and Denton County for the
construction of Northwest Parkway along NISD property to its intersection with
Highway 377.
A. Discuss and provide input on the development agreement between the Town and
Centurion American for the extension of Northwest Parkway
C.3 Discuss and take appropriate action on a request for approval of a Temporary
Use for Off Street Parking for Model Homes in Planned Development No. 27,
Neighborhood 3, Phase 1A, for a period of time of not greater than one year.
Applicant: K. Hovnanian Homes - DFW, LLC
C.4 Discuss and take appropriate action on a request for approval of a Temporary
Use for a Real Estate Office (located in a trailer or manufactured housing),
Churchill Downs Subdivision, for a period of time not to exceed six (6) months.
Applicant: F & R Adams Luxury Homes
C.5 Discuss and take appropriate action on a request for approval of a Temporary
Use for a Real Estate Office (located in a trailer or manufactured housing), for a
period of time not to exceed six (6) months, Located on Commercial Recreation
(CR) Zoned Property. Applicant: Jacobs Carter Burgess on behalf of Centurion
American. Property Owner: ClubCorp Golf of Texas.
C.6 Discuss and take appropriate action regarding a Resolution amending Resolution
2007-21 to appoint one alternate member to serve on ZBA for the remainder of
the unexpired term.
D.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in
order to seek the advice of its attorney about pending or contemplated litigation:
A. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and
Quanah Properties pending appeal of decision regarding lighted signage on the
East Elevation of Value Place Hotel (Section 551.071 (1) and (2))
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D.2 Discuss and take appropriate action on the appeal of the decision regarding
lighted signage on Value Place Hotel East Elevation.
A. Discuss and take appropriate action relative to Executive Session Item Number D.1
- Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08.
E.1 Town Manager Emmons to provide an update on the traffic study in the area of
Trophy Wood to 114 and Trophy Wood and Inverness to address safety
concerns, flow of traffic, number of lanes and potential for a mandatory turn lane,
and discussion of same.
E.2 Discuss and take appropriate action regarding the creation of a
Water/Wastewater study team and the following:
A. Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services
for the evaluation of financial impacts and issues.
B. Consider awarding the engineering, operational analysis, and legal analysis portions
of the Water Study project to Freese and Nichols and authorize staff to begin
contract negotiations.
E.3 Discuss and take appropriate action awarding the contract for the Timber Ridge
Drive paving and drainage improvements project, and authorizing the Mayor or
his designee to execute necessary contract documents.
E.4 Discuss and take appropriate action regarding a Proclamation for Arbor Day
2008 including the Arbor Day Event festivities.
E.5 Discuss and take appropriate action regarding the interlocal agreement with
Denton County for the collection of PID assessments.
E.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled
"Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV
entitled "Peddlers and Solicitations."
E.7 Items for Future Agenda.
E.8 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
(a) Town Manager's Report.
(b) Town Council report from EDC 4A Liaison, Council member Moss.
(c) Town Council report from Parks and Recreation Department.
F.1 Council to convene into executive session pursuant to Texas Government Code,
annotated, subchapter 551, sections 551.074(a) "Personnel Matters" and
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551.071 (1) & (2) "Consultation with Attorney", respectively, the Council will enter
into executive session to discuss the following:
A. Lisa Ramsey, Town Secretary Annual Evaluation, including terms of engagement
and employment contract with the Town (Section 551.074(a))
F.2 Discuss and take appropriate action relative to Executive Session Item Number
F1. - Annual Evaluation of Town Secretary, Lisa Ramsey, and Employment
Contract
G.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
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: 4-7-2008
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.A.4
Citizen presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda.
The Council will hear presentations on specific agenda items prior to the
Council addressing those items.
You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete
the Speaker's form that includes the topic(s) of your statement.
Topics of presentation should be limited to matters over which the Council
has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.A.5
Overview of 2008 Northwest ISD Bond Program, presented by NISD
Superintendent Dr. Rue, and discussion of same by Council.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.A.6
Overview and presentation of the issuance of $2,000,000 of tax bonds and the
levy of ad valorem taxes to pay for the bonds (construction and equipment of fire
station and acquisition of land by the Master District) and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. February 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, November 19, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, November 19, 2007.
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 19, 2007
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, November
19, 2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mike Pastor IS Director
Carolyn Huggins Planning Coordinator
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Fire Chief Thomas gave the Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and
indivisible."
Police Chief Kniffen led the Pledges.
A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
The following citizens addressed Council:
Pauline Twomey, 203 Oakmont Drive
Bob Radder, 1 Lee Court
Ralph Scoggins, 126 Summit Cove
Judy Williams, 215 Phoenix Drive
Neil Twomey, 203 Oakmont Drive
Greg Lamont, 15 Avalon Drive
Barbara Kadow, 322 Village Trail
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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.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August
6, 2007.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August
20, 2007.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August
27, 2007.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
September 10, 2007.
B.5 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
an Interlocal Agreement for Fire and Ambulance Services with Denton County.
B.6 Consent Agenda: Discuss and take appropriate action to approve the renewal of
Beautification Funds in a Certificate of Deposit (CD) for six (6) months at a rate of 4.25%
with First Financial Bank.
Council member Wilson pointed out two typos in the August 6, 2007 minutes. Council member Cates
questioned the motion wording in regards to agenda item C.10. Item B 1 was pulled from the Consent
Agenda.
Mayor Pro Tem Edstrom made a motion to approve items B.2 through B.6. Council member Moss
seconded; motion carried unanimously.
Council member Wilson made a motion to approve item B.1 with corrections. Council member Cates
seconded with corrections noted; motion carried unanimously.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:31 p.m.
PUBLIC HEARING
C.1 Public Hearing: Staff report and consideration of an Ordinance amending Section
6.01(A)(2)c of Article VI ,"Oil and Gas Well Manual", of Chapter 5, "General Land Use", of
the Code of Ordinances of the Town regulating certain fencing requirements to allow a
masonry wall to surround a producing site.
No presentations were made.
Public Hearing Closed at 7:31 p.m.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Section 6.01(A)(2)c
of Article VI ,"Oil and Gas Well Manual", of Chapter 5, "General Land Use", of the Code of
Ordinances of the Town regulating certain fencing requirements to allow a masonry wall to
surround a producing site.
Mehrdad Moayedi stood up to answer any questions from the Council and showed a sample of the
fencing that they would like to use. Moayedi stated the fencing was for all areas that faced home sites;
the fencing material will also be able to be reused when refracing takes place. Mayor Pro Tem Edstrom
asked who is responsible for maintenance for this fence, the Planning and Zoning notes state hopefully a
Home Owner’s Association will be in affect. Moayedi stated that there should be some form of body to be
in control/responsible for; Encana is not responsible for the fence at the present time and neither is Beck
Properties. Encana is paying for the construction of the fence. Mayor Pro Tem Edstrom does not want
the residents to have to pay for the maintenance of the fence.
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Mayor Sanders asked Town Manager Emmons and Town Attorney Adams to look into ordinance and
research who is responsible for maintenance of the fence.
Planning and Zoning Commission Chair Gene Hill reviewed the Commission’s process regarding this
agenda item; this item was originally considered and discussed as a Regular Session item of Planning
and Zoning on October 18, 2007. Following discussion and consideration the Commission voted to
recommend the issue to Council. However, it was later determined that a Public Hearing was required to
amend the Gas Well Manual Ordinance and a Public Hearing was scheduled for November 1, 2007. In
the Public Hearing and Regular Session at the November 1, 2007 meeting of the Planning and Zoning
Commission it was recommended by unanimous vote that the Gas Well Manual Ordinance 2003-12 P&Z
be amended to allow a 7 ½ foot masonry fence surrounding the gas well sites in the Town.
Specifically, the fence facing the thoroughfare will be permanent masonry and the other sides will have
removal masonry panels with masonry columns. By utilizing this type of fence, the removable panels and
columns can be moved to allow truck and equipment access to the sites during the refracture of the wells.
After the refracture treatment, the columns and movable panels will be reinstalled and landscaping
replaced.
Chairman Hill referred to Mayor Pro Tem Edstrom’s question stating it was the intent of the gas well
operator to be responsible for the fence maintenance.
Mayor Pro Tem Edstrom made a motion to approve the Ordinance amendment. Council member Sterling
seconded; motion carried unanimously.
Mayor Pro Tem Edstrom asked Staff to come back with clarification regarding who is responsible for
maintenance at the next council meeting
D.2 Discuss and take appropriate action regarding a request for Final Plat approval for Trophy
Club Drive, Phase 2 and Trophy Park Drive (Master Improvements) (21.344 acres).
Applicant: 831 Trophy, L.P. (FP-07-023)
Planning and Zoning Commission Chairman Gene Hill addressed Council stating the Planning and
Zoning Commission unanimously recommended approved of the Final Plat.
Town Manager Emmons shared internal discussions have taken place regarding this offsite improvement.
This was included in the site plan Marshal Branch near the cart path. An aerial crossing was attempted,
but the Corps of Engineers stated since this is an environmental area an aerial crossing cannot be used.
A lift station would also have issues concerning maintenance costs. Inverted when fully constructed this
option will have less maintenance costs. Town Manager Emmons recommended if Council approves, to
stipulate the landscaping plans be reviewed by staff before construction.
Mayor Pro Tem Edstrom made a motion to approve plans with the stipulation that the landscaping plans
be approved by Town Staff and Engineer prior to construction with an update in the Town Manager report
at the the available Council meeting. Council member Moss seconded; motion carried unanimously.
Council member Moss asked if the two lots at the entrance of Meadow Ridge Drive open to Trophy Club
Drive because the slip road is not part of the plans.
Council member Cates questioned if the landscaping plan could be approved separately. Town Manager
Emmons answered it was up to Council to have staff bring the landscaping plans back to the council for
approval. Council member Cates asked the rest of the council if they are okay with moving forward
without approval of the landscaping plans.
On November 1, 2007, the Planning and Zoning Commission unanimously recommended approval of
Trophy Club Drive, Phase 2 and Trophy Club Park Drive, with stipulations on construction plans, street
names and the use of inverted siphon vs. lift station and force mail prior to Council consideration.
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It is the understanding of Chairman Hill that:
• Construction plan revisions as requested have been satisfactorily documented, received and
approved by Town Engineer and Staff.
• The renaming of Trophy Club Park Drive to Trophy Park Drive is documented.
• Landscape and irrigation plan documents were received Friday, November 16th and have not
been reviewed. Staff review and comments are needed.
• Resolution of the use of inverted siphon vs. lift station and force main has not been achieved, and
is to be addressed by Town Manager Emmons.
The Mayor stated it was suggested to move E1 forward, before D.3 if Council had no objections.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:55 P.M.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) &
(b) "Consultation with Attorney", the Council will enter into executive session to discuss
the following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to
the Governmental Body under the Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)).
(1) Legal Advice from Town Bond Counsel regarding the contracts for water and
wastewater supply and service to the Town and related financing issues.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 8:40 P.M.
*REGULAR SESSION
D.3 Discuss, provide input and/or take action as appropriate regarding the following
documents and matters related to the Trophy Club Public Improvement District No. 1 (The
Highlands at Trophy Club) for infrastructure and related improvements:
A. Discuss and take appropriate action on a Construction and Funding Agreement
between the Town and 831 Trophy, L.P. concerning the construction of certain
public improvements within the Town of Trophy Club Public Improvement District
No. 1 (The Highlands of Trophy Club Project).
Bond Council asked Council to delay this item tonight. It is not necessary that this item be formally
approved tonight, it would be best to approve the agenda item at the December 10, 2007 meeting.
Bond Counsel, Lila Marsh, asked Council to defer this agenda item until the December 10, 2007 meeting.
Kirk Wilson from Centurion Development, concurs with Ms. Marsh, the form needs to be included to allow
Bank of America move forward with the goal and to stay on schedule.
No action taken, item moved to the December 10, 2007 meeting.
B. Review and discussion of most recent Preliminary Limited Offering Memorandum
for the Town of Trophy Club Public Improvement District No. 1 Special
Assessment Revenue Bonds, Series 2007 (Highlands of Trophy Club Project).
Ms. Marsh shared that no changes since this was last brought to the Council, this document will be
worked on tomorrow, with Town Manage Emmons having the final authority.
Mr. Wilson thanked Town Staff and Consultants.
No action taken, item moved to the December 10, 2007 meeting.
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C. Discuss and take appropriate action regarding a Resolution concerning the
Amendment of the Service and Assessment Plan for the Town of Trophy Club
Public Improvement District No. 1 adopted by Ordinance 2007-29; Setting a date for
a Public Hearing, Authorizing the Publication of Notice and enacting other
provisions relating thereto.
Julie Partain, Bond Counsel, gave a brief update; still waiting on parks study from Carter & Burgess. Ms.
Partain sent a laundry list of items to the Attorney General. The Attorney General had a concern
regarding the two large ticket items, the pool and recreation center. A compromise was made with the
Attorney General to list without the recreation center and instead of using the word pool, the list will
include some sort of aquatic facility. A public hearing will be needed if amendments are made to the list.
Mayor Sanders wants Council to understand that taxes will probably be used to fund the recreation center
and the cost would be passed to all residents.
Mayor Sanders verified that bond counsel wants Council to authorize a Public Hearing for December 10,
2007.
Mayor Pro Tem Edstrom made a motion to approve the resolution calling for a date of December 10,
2007 for the Public Hearing of the assessment plan. Council member Sterling seconded; motion carried
unanimously.
D.4 Discuss and take appropriate action regarding the Minutes dated September 17, 2007.
Mayor Pro Tem Edstrom made a motion to approve the minutes as written. Council member Sterling
seconded; motion carried unanimously.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E.1.
Council member Cates moved to approve the contracts for water and wastewater supply and service to
the Town with changes to section 6.1 and 6.3. Mayor Pro Tem Edstrom seconded; motion carried
unanimously.
Amendments of contract include:
6.1 Term. This Contract shall become effective upon approval by each of the respective governing bodies
of Town and MUDs and upon execution by their respective authorized representatives, and shall remain
in effect for an initial term of three (3) years from the date of approval by the last Party subject to this
Contract (hereinafter "Initial Term"), and shall renew automatically annually for additional terms of one (1)
year each unless terminated by either party as provided herein.
6.3 Any party shall have the right to terminate this Contract without cause upon written notice to any other
Party. Such notice of termination must be provided at least one (1) year in advance of such termination
date, but in no case shall termination be allowed earlier than three (3) years from the date of execution of
this Contract.
F.1 Town Manager update and Council input on the development issues at Churchill Downs.
Town Manager Emmons updated Council on the development issues at Churchill Downs and answered
their questions.
Mayor Sanders shared there were some concerns among the project engineer, staff and town engineers
who has met with the contractor to start working on resolving issues/impressions.
Bob Radder, 1 Lee Court addressed the Council.
Town Manager Emmons made a statement regarding retaliation accusations; there have never been any
retaliatory acts from his staff; staff is simply holding contractors to the established specifications.
Update and input only, no action taken.
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F.2 Discuss and take appropriate action regarding the co-hosting of a "Stewards for Children"
seminar with the Alliance for Children and surrounding municipalities.
Council member Wilson presented the Stewards for Children. Stewards for Children are willing to cover
the costs for the adults to attend. Council member Wilson has spoke with Roanoke and they will be
donating their Recreation Center to hold the seminar. Council member Wilson asked Council to move
forward with a date specified for the seminar.
Mayor Sanders confirmed that Council member Wilson is not asking for Town monies, just a seal of
approval. Town Manager Emmons shared if Council approves moving forward, he will make sure staff
resources are available.
Mayor Sanders directed Council member Wilson to contact Roanoke and move forward with getting more
information regarding Stewards for Children.
F.3 Discuss and take appropriate action regarding an ordinance canvassing the returns and
declaring the results of the Special Election held on November 6, 2007.
Mayor Pro Tem Edstrom made a motion to approve the ordinance canvassing the returns and declaring
the results of the Special Election held November 6, 2007. Council member Cates seconded; motion
carried unanimously.
F.4 Discuss and take appropriate action regarding the formation of a Citizen Charter
Amendment Commission.
Council member Moss made a motion to form a Citizen Charter Amendment Commission to be
comprised of three residents, one council member and the Town Manager or his designee to decide
where or not any amendments need to be made to the charter and if not to terminate the commission in
December of 2008. Council member Wilson seconded.
Mayor Pro Tem Edstrom moved to amend the motion to include five residents, one member of council,
Town Manager or designee and Town Attorney, striking the termination date. Council member Cates
seconded.
The following citizens addressed Council:
Neil Twomey of 203 Oakmont
Bill Armstrong of 18 Avenue Twenty
Greg Lamont of 15 Avalon Drive
Mayor Pro Tem Edstrom amended her motion to read Citizen Charter Amendment Committee. Council
member Cates agreed with the change.
Motion to create a citizen charter amendment committee with five residents, one Council member, Town
Manger or designee and Town Attorney passed unanimously.
Council member Moss moved to defer item to the December 3, 2007 meeting. Council member Wilson
seconded; motion to defer carried unanimously.
F.5 Parks and Recreation Director to brief Town Council about the landscaping that will be
installed on Trophy Club Drive following the construction process.
Parks and Recreation Director addressed Council and answered their questions.
No action taken.
F.6 Town Council to discuss and take appropriate action concerning the allocation of PID
monies with regard to future park and recreational amenities.
Town Manager Emmons gave a brief update; the pool will be removed and replaced with an aquatic
facility and the recreation center will be removed.
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No action taken.
F.7 Discuss and take appropriate action regarding Police Chief Kniffen's update and
recommendation on the police equipment and cars.
Chief Kniffen recommends purchasing needed equipment, replacement costs are $48,000. Town
Manager Emmons explained there are no funds available at this time to update the police equipment and
cars.
Mayor Sanders expressed there is a desire from Council to finance the needs and asked Town Manager
Emmons to work with the finance department to see if a solution could be reached and come back to
Council as soon as practical.
No action taken.
Mayor Pro Tem asked that item G.1 be moved forward; Council made no objections.
Council took a five-minute break.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 10:25 P.M.
EXECUTIVE SESSION
G.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
"Consultation with Attorney", the Council will enter into closed executive session to
consult with attorney Frank Waite on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with the Open Meetings Act:
(1) Legal advice relating to a possible settlement over an employment separation with
Lisa Ramsey.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 11:00 P.M.
Mayor Pro Tem Edstrom moved to extend meeting passed 11:00 p.m. Council member Cates seconded;
motion carried unanimously
Lisa Ramsey asked that her performance review be placed in open session rather than executive
session. Frank Waite provided Council with information that Lisa Ramsey would be in favor of staying in
her current position.
Council member Wilson made a motion to move into a separation agreement with Lisa Ramsey. Council
member Moss seconded.
Mayor Sanders asked Council member Wilson if she was including all seven talking points of:
1. Resign effective November 19th and release the Town of all claims and causes of action
2. The Town would pay accrued salary to date, plus two weeks of unused accrued vacation and
personal day
3. The Town would pay a total sum of $28,000 as severance in two installments, representative of
five months salary
4. The Town would pay Ms. Ramsey’s medical premium under the Town’s group medical plan
through May 2008, unless she becomes eligible for coverage under some other plan
5. Ramsey agreed to remain available to consult with the Town Manager through May 2008
6. The Town would provide a letter of recommendation to be placed in her employee personnel file
7. The pending grievance submitted against her would be dismissed as moot.
Lisa Ramsey said there was some question between Mr. Scoggins and Mr. Waite regarding payment of
comp time for her consultations.
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Mr. Waite said the two-weeks in question is accrued leave, characterized as vacation and personal leave
in addition to the severance payment of $28,000.00. Sanders confirmed the accrued leave in the amount
of 80 hours is on top of the $28,000.00.
Mayor Sander’s feels it is a mistake to precede with termination, a mistake and that she has done a very
good job getting her TMCCP certification, she is very reliable, eager, a very hard worker and able to take
constructive criticism. Sanders said over the past two years, he has made little correction to her minutes
and commended her diligence in conducting the elections. Sanders said it would be a mistake to
terminate Ramsey without giving her an opportunity to improve in the areas Council feels she is lacking.
Council member Wilson commented that Ramsey was given several opportunities to do better after her
initial meeting with Ramsey and Ramsey’s scheduled meeting with Cates.
Council member Moss said Ramsey came across pretty strong during the executive session that she
could not work with Council and according to Mr. Waite’s report she was extremely unhappy and ready to
do something else.
Lisa Ramsey said in reference to Mr. Waite’s report, she was simply asking that he investigate the entire
work environment, not only as it related to the Mayor’s move. Ramsey acknowledged that she was
defensive in the executive session as it was the first opportunity she had to address the Council about
this.
Mayor Pro Tem Edstrom and Council member Sterling agreed that respect is mutual. Sterling feels
Ramsey is competent and loyal and Council is acting under allegations with no merit.
Council member Cates commented that sensitive information was released to the public during the
termination of Director Briggs as was with this issue and feels Ramsey is responsible for confidentiality of
this information.
Sterling recognized the leaks to the press, which he does not feel Ramsey is responsible for considering
they worked against her.
Town Manager Emmons feels the Town would be at a loss if Ramsey is terminated. Emmons
understands that mistakes were made and said the Briggs issue happened one year prior to him being
hired. There are training issues that need to be addressed and it is going to be an effort from the entire
staff to get past and work through.
Council member Cates asked Ms. Ramsey if she would consider a probationary period. Ms. Ramsey said
she would consider a probationary period.
Discussion ensued, Council member Wilson moved the previous question. Mayor Sanders asked for a
vote for closing the debate. Council member Wilson vote for and Mayor Pro Tem Edstrom and Council
members Cates, Sterling and Moss voted against closing the debate.
All in favor of closing debate and voting on the main motion failed 4:1, with Council member Wilson voting
against.
Council member Sterling thinks all of us could benefit from taking the high road, leading by example and
treating others as he would like to be treated.
Council member Cates questioned if Ramsey would be professional and able to deal with hostile Council
members and employees. Ramsey responded she is a professional and hopes that all can act in a
professional manner.
Ralph Scoggins said he feels sorry for everyone and Lisa Ramsey has always received very good
performance reviews and performed to Council’s standards up until August. Council states that they are
21
hurt by Ramsey’s remarks, Scoggins asked how many times Ramsey has been hurt by what was said or
fingers that were pointed at her and it is only natural to fight back.
Mayor Pro Tem Edstrom made a substitute motion to place Lisa Ramsey on six-month probation with Ms.
Ramsey setting goals and objectives for herself and Council to set goals and objectives. At the end of
probation, Council will have the option to continue with employment or move forward with termination
guidelines, including the seven points, as discussed. Council member Moss seconded.
Mayor Sanders asked Ms. Ramsey if she was willing to agree with the motion. Ms. Ramsey answered yes
she was okay with this motion.
Scoggins appreciates the six month probation and suggested the separation agreement be added to the
probationary period. Scoggins approached the comp time again and read the section from the personnel
policies and requested this clause be added to the agreement. Council member Cates expects
employees to use their comp time and does not feel they should pay for it.
Mr. Waite spoke to the legalities of tying the separation agreement to the probationary period. Waite and
Scoggins agreed that the separation document should include the probationary period.
Substitute motion made by Mayor Pro Tem Edstrom; seconded by Council member Moss, placing Lisa
Ramsey on a six-month probationary period, before that time frame starts, she will set individual goals
and objectives for review of the Council, Council will set individual goals and objectives for Lisa, at the
end of that six-month probation Council will have the option to continue her employment or move forward
with the termination guidelines as discussed with Council this evening.
Frank Waite clarified should the probationary period not be complete to the satisfaction of the Council, the
terms of the separation will be as agreed by the parties, as presented and discussed during executive
session. Both the mover and second agreed.
Council member Sterling amended the substitute motion for the probationary period to commence prior to
the canvassing of new Council members in May 2008, seconded by Mayor Pro Tem Edstrom.
Council member Sterling amended the six month probationary period to five months, commencing prior to
the canvassing of new Council members in May 2008. The second agreed.
Amendment passed 4:1, with Council member Wilson opposing.
Substitute motion passed 4:1, with Council member Wilson opposing.
Council member Sterling clarified; Council can only terminate Ms. Ramsey in her capacity of Town
Secretary and not Human Resources Manager.
Council member Wilson made a motion to postpone the remainder of the Executive Session until the next
meeting. No second; motion dies.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 12:21 P.M.
Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel
Matters," the Council will remain in Executive Session, unless the employee who is the
subject of the personnel matter elects an open meeting, to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer
or employee relating to:
(2) Brandon Emmons
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 2:02 A.M.
22
*REGULAR SESSION
G.2 Discuss and take appropriate action relative to Executive Session Item Number G.1.
Mayor Sanders stated that Council has come up with a list of objections for Town Manager Emmons to
include:
• Intense training sessions for all staff
• Workshops for Council
• Completion of Public Improvement District #1
• Implement Safe Routes to Schools
• Complete FY207-2008 with a minimum of ½ cent tax reduction
• Work on creating a positive work environment
• Work with the Town Secretary to receive Council meeting minutes sooner
• Improve personal communication skills
• Improve working relationship with Town Attorney
• Increase number of Council updates regarding the Buxton Study either through EDC 4B or Town
Manager
Council member Sterling made a motion to approve the extension of the Town Manager contract for one
year with ratification of amendments at the next meeting, after the Town Attorney reviews. Mayor Pro
Tem Edstrom seconded.
Contract amendments to include:
• Six month severance
• Remove comp time
Council member Cates stated Council should stay on top of Town Manager Emmons’ performance and
have a three month review in a Special Session.
Amendment passed 4:1, with Council member Wilson opposing.
F.8 Items for Future Agenda.
Item not discussed.
F.9 Reports. There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may be
placed on a future agenda.
(a) Town Manager's Report.
Item not discussed.
H.1 Adjourn.
Council member Sterling made a motion to adjourn at 2:12 p.m. Mayor Pro Tem Edstrom seconded;
motion carried unanimously.
__________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
23
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 17, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, December 17, 2007.
24
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 17, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, December
17, 2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was
present.
A.2 Council member Wilson gave the Invocation.
A.3 Mayor Pro Tem Edstrom led the Pledges.
A.4 Citizen presentations:
Mayor Sanders encouraged the audience that these presentations should relate to Town business and
not be used to attack one another.
Mayor Sanders mentioned the passing of Chuck Frame and advised the family has asked for donations to
the North West ISD in lieu of flowers, for a scholarship to be given in Chuck’s name.
Greg Lamont, 15 Avalon – Addressed the Council regarding the Frank Waite’s report.
Mayor Sanders referenced Cade Hinkle, 318 Inverness Drive, petitioning Council for reimbursement for
car damage due to the gate. What gate?
A.5 Presentation by Captain Cimato regarding our soldiers in Iraq.
Captain Cimato was unable to attend and apologized for the late notice. Captain Cimato plans to make a
presentation in April.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
25
*REGULAR SESSION
B.1 Discuss and take appropriate action regarding a Proclamation recognizing Arbor Day,
April 13, 2007.
Mayor Pro Tem Edstrom read the Proclamation.
Motion made by Moss, seconded by Cates to approve.
Motion passed unanimously without any discussion.
B.2 Discuss and take appropriate action to approve the new version of the Town's Emergency
Management Plan.
Town Manager Emmons advised staff has been working on revisions to the existing annexes (appendixes
and additional material attached to the Plan) and making the necessary updates as required by the State.
Fire Chief Thomas said the Town has had a joint Emergency Plan with Denton County since 1987 and
the State recently blessed the Town with an individual plan. Council asked why the plan was not
included. Fire Chief Thomas advised that discs are being made for the Council and from a security
standpoint certain sections are not public record. Council member Moss does not feel qualified to second
guess the staff and recommended approval.
Motion made by Moss, to approve. Motion died for lack of a second.
Council directed Town Manager Emmons to provide them with a summary of the information that can be
provided.
Council discussed training and drills for the Mayor and Mayor Pro Tem. Police Chief Kniffen explained
the Town’s Plan mimics the guidelines implemented by the State’s compliancy regulations.
Motion made by Wilson, seconded by Moss to approve the new version of the Town's Emergency
Management Plan.
Mayor Pro Tem Edstrom would like for Council to understand their responsibilities in case of an
emergency.
Council member Cates feels Chief Thomas is competent in his abilities and would still like to see a
summary.
Motion passed 3:2, with Cates and Sterling voting against.
B.3 Discuss and take appropriate action regarding an Interlocal agreement between the Town
and Denton County to provide for County collection of PID Assessments for Town of
Trophy Club Public Improvement District No. 1 (The Highlands of Trophy Club Project).
Town Manager Emmons provided this plan is similar to other agreements the Town has with Denton
County. Currently, the outstanding piece is syncing the software at DCAD. Emmons recommends
approving and then bringing it back to Council for ratification.
Town Attorney Adams said she just heard that the County is now preparing their own document. Based
on this update, Town Manager said he would recommend waiting.
No action taken. Item will come back once Denton County’s document is complete.
26
B.4 Discuss and take appropriate action regarding Amending to Section 4.05(B)(2) of Article
IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political
signs.
Mayor Sanders summarized Council’s discussion and direction from their August 20, 2007 meeting.
Motion made by Edstrom, seconded by Cates to approve.
Council member Sterling asked if this is similar to other municipalities. Town Manager Emmons said
each city has their own restrictions; however, he is not aware of a city that limits one sign for each
candidate. Town Attorney Adams explained the Town can regulate, as long as the Council believes they
are acting in a reasonable and good faith effort.
Mayor Pro Tem Edstrom spoke to the time constraints of Code Enforcement dealing with sign
enforcement and questioned if the Council is being reasonable and allowing the residents to support the
candidate of their choosing.
Greg Lamont, 15 Avalon – Provided the United States Supreme Court Ruling limiting the number of signs
per candidate on the election ballet illegal.
Dennis Sheridan, 1 Hillcrest Ct. – Requests that the Ordinance be one sign per candidate.
Mayor Sanders does not feel this Ordinance meets Edstrom’s objectives, as the language is still vague.
Council member Cates asked if the Council should change based on Mr. Lamont’s presentation. Mayor
Sanders and Edstrom feel as long as it is reasonable in time, place and manner, and asked the Council to
look at this from a local, regional and national perspective.
Edstrom withdrew her motion, the second agreed.
Motion made by Sterling, seconded by Edstrom to revise ‘No more than one (1) of such signs for each
political candidate and two signs per issue on the election ballot shall be erected on any parcel of land,”
Council member Sterling also added to strike the last sentence of the paragraph in order to be consistent.
Town Attorney Adams suggested that the language be revised and brought back at a later date rather
than amending during the meeting.
Motion to refer made by Edstrom, seconded by Cates.
Motion passed unanimously without further discussion.
B.5 Discuss and take appropriate action to approve Minutes dated, November 30, 2007.
Motion made by Edstrom, seconded by Wilson to approve.
Motion passed 3;0:1, with Sterling abstaining.
B.6 Discuss and take appropriate action regarding the potential retention of The Management
Connection for Council development and training services.
Mayor Sanders advised he requested this Item be placed on the agenda. Staff recommends the Items
under B.7 be discussed after training meetings are conducted. Mr. Gonzales would like to meet with all
Council Members and select members of staff first and then come back with a proposal. Mayor Sanders
questioned if Council would be willing to spend one hour with Mr. Gonzales to determine if he is a good fit
prior to retaining. Town Manager Emmons has spent approximately three hours with Mr. Gonzales
discussing long-term and short-term planning, dynamics and communications between Council and Staff.
27
Council member Cates confirmed there would be no charge associated to Council’s preliminary
discussions with Mr. Gonzales.
Council was amenable to meet with Mr. Gonzales. Town Manager Emmons will schedule the meetings.
Noting no objections from the Council, Mayor Sanders pulled Item B.7 until after the meetings occur.
B.7 Discuss and take appropriate action regarding employees who report directly to the Town
Council and the following:
A. Discuss and provide input on methods in which to improve and enhance
communication between employees who report directly to Town Council and Town
Council.
B. Discuss and take appropriate action with regards to reviewing and/or amending
job descriptions of the Town Manager, Town Attorney and Town Secretary.
No action taken.
B.8 Discuss and receive input regarding the 2007 Citizen of the Year and Founder's Day
Celebration.
Mayor Sanders provided Citizen of the Year first began as a non-council event in which the staff selected
the recipient.
Council member Cates feels Council should have final approval. Town Manager Emmons prefers staff
only provide an administrative role and suggested a committee of the past recipients recommend a
nominee to the Council and Council make the final decision. Council member Wilson supports this
suggestion.
Mayor Sanders explained the plaque in the foyer was dedicated as a memorial to Mr. Jerry Svore last
year at the Founders’ Day reception. Council member Cates suggested a volunteer appreciation
reception in conjunction with the Founders’ Day. Mayor Sanders asked the Council to send a list of
volunteers to Town Manager Emmons to include on the invitation list.
B.9 Items for Future Agenda.
Council member Moss requested discussion and action regarding citizen presentations be limited to three
minutes and not allow the transfer of minutes to others. If the subject is Council business and needs
further discussion, make the subject an agenda item. Moss would like for personal attacks on others not
be allowed.
Mayor Sanders said Council would have to change their "procedures manual" to a three minute limit. The
manual states a citizen be provided time before and after an item is discussed. In reference to the
personal attacks, this becomes hard when a person actually address a real town item in one sentence
and then follows up with an attack on a Council member, another citizen or a staff member. Council will
add this request to the future items for more input.
Mayor Pro Tem Edstrom requested Police Chief Kniffen to research ‘no cell phones’ in School Zones.
Council member Moss requested the issue on speed limit reduction be placed back on the list.
Council member Wilson would like Town Manager Emmons to provide an update on the water feasibility
study progress and whether the MUDs are willing to participate.
28
Council member Cates asked that the application deadline for Charter Review Commission be extended
until January 4, 2007.
B.10 Town Manager Emmons to designate an Acting Town Manager.
Town Manager Emmons advised that the Charter requires he designate an Acting Town Manager in the
event he is incapacitated. Emmons designated Assistant Town Manager Stephen Seidel.
B.11 Reports.
A. Town Manager Emmons gave his Report.
B. Assistant Town Manager Stephen Seidel provided an update of the Buxton Report.
EDC 4B Liaison, Council member Sterling gave his report.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
C.1 Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel
Matters," the Council will remain in Executive Session, unless the employee who is the
subject of the personnel matter elects an open meeting, to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer
or employee relating to:
Town Secretary, Lisa Ramsey requested the discussion in Open Session.
Council recessed for five minutes and reconvened at 9:14 p.m.
(1) Duties, goals and objectives of Town Secretary, Lisa Ramsey.
Town Secretary, Lisa Ramsey explained the goals and objectives emailed to the Council on December
10th as requested by the Council. Ramsey explained the Texas Municipal Certification Program she is
enrolled in and the status of that certification as well as areas of improvement. Council member Cates
said Ramsey did a good job putting her goals and objectives together.
Mayor Pro Tem Edstrom suggested Ramsey add improvements to communication with other directors
and as it relates to the Agenda and software uses. Mayor Sanders explained the staff’s desire to change
the Agenda process in order to help the Town Secretary meet her Agenda posting deadline.
Mayor Sanders challenged the Council to accomplish reviewing staff members who directly report to the
Council prior to a change in Council and review job descriptions of said employees.
Council member Cates hesitated to add more goals and agreed with the Mayor that Ramsey needs to
better utilize her vacation and compensatory time with appropriate oversight of the Town Manager.
(2) Terms of contingent employment separation agreement with Lisa Ramsey.
Mayor Sanders noted Town Secretary, Lisa Ramsey did not refuse to sign the agreement as indicated by
Mr. Waite and questioned possible negotiation in two areas regarding the compensatory time and letter of
recommendation.
Council member Cates does not feel the recommendation from the Mayor needs to be included in the
agreement.
Council member Wilson confirmed the Town’s policy does not allow payment of compensatory time.
29
Council member Moss confirmed this separation agreement will conclude on April 22, 2008 and at the
completion the probationary period. Mayor Sanders confirmed Lisa Ramsey’s wishes, even prior to the
events beginning in August are for an employment agreement, considering this position reports directly to
the Town Council.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
Closed Executive Sessions and reconvened into Regular Session at 9:28 p.m.
D.1 Discuss and take appropriate action relative to Executive Session Item Number C1.
Motion made by Cates, seconded by Edstrom authorizing the employment probationary terms agreement
provided by Ralph Scoggins.
Motion passed 3:1, with Council member Wilson opposing.
D.2 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 9:35 p.m.
___________________________________ __________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 3, 2008.
EXPLANATION:
Council member Cates was absent and will need to abstain.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, March 3, 2008.
31
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 3, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 3,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Sakura Moten-Dedrick Finance Director
A.2 Invocation given by Council member Sterling.
A.3 Pledges led by Sakura Moten Dedrick.
A.4 Citizen presentations:
Larry Crosser, 17 Overhill – Provided a brief update on Charter Review Commission and advised that the
Commission will conduct a Town Hall meeting on April 15, 2008.
Greg Lamont, 15 Avalon Drive – Mr. Twomey stated that Mr. Lamont was first to make comments at
tonight’s meeting and waas upset that the Mayor allowed it to occur.
Council member Wilson called point of order.
Lamont said his comments bare relevance with the upcoming election.
Neil Twomey, 203 Oakmont Drive – Advised the Council that Lamont started this and accused the Mayor
of allowing this to occur.
Patricia Adams read a letter submitted by Council member Cates tendering her resignation from the
Council effective immediately.
32
A.5 Biannual update by Staff Liaison for Ways & Means Advisory Group, and discussion of the
same.
Finance Director, Sakura Moten-Dedrick updated the Council and introduced Dwight Morrow who asked
the Council to set objectives for the staff when setting the budget and to produce the staff’s wish list
sooner in the budget process.
Consent Agenda
Motion made by Wilson, seconded by Edstrom to approve Items B.1 – B.3.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action ratifying an Ordinance approving
the terms and conditions of a note, as well as a specified lender for the financing of new
in-car video equipment for the police department.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. January 2008 - March 2008
B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
the submission of the grant application for the School Resource Officer Program for the
2008-2009 fiscal year and designating the Town Manager as the authorized official for the
Town.
B.4 Consent Agenda: Discuss and take appropriate action regarding an Ordinance of the Town
of Trophy Club approving a settlement agreement between Atmos Energy Corporation,
Mid-Tex Division and Atmos Texas Municipalities, determining that existing rates should
be changed, and adopting new tariffs.
Item B.4 was deferred until after Item D.1.
Town Manager Emmons said that Atmos’ original request was for $52 million rate increase. The
settlement provides for a $10 million increase, of more than an 80% reduction in the requested increase
in rates. Under the settlement, residential rates will increase by $0.20 per month. Atmos Texas
Municipalities recommends that the settlement agreement be adopted.
Motion made by Edstrom, seconded by Wilson.
Motion passed unanimously without any discussion.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: Consider a Resolution of the Town of Trophy Club determining the current
rates of the Atmos Energy Corporation, Mid-Tex Division to be unjust and unreasonable.
Time opened: 7:27 p.m.
No citizen input.
Time closed: 7:28 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
33
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding a Resolution of the Town of Trophy Club
determining the current rates of the Atmos Energy Corporation, Mid-Tex Division to be
unjust and unreasonable.
Town Manager Emmons stated Atmos appealed the Council’s denial of its request for a $52 million rat
increase to the Railroad Commission of Texas. The appeal was consolidated with GUD Docket No.
9762. While at the Commission, Atmos Texas Municipalities and Atmos were able to negotiate a
settlement. The settlement included matters not appropriate to the Railroad Commission jurisdiction such
as the agreement to allow Atmos Texas Municipalities cities to increase the municipal franchise
compensation rate to 5% of gross receipts.
Atmos Texas Municipalities legal counsel stated that there was some risk that settlement might be
nullified. For this reason, legal counsel felt that it was prudent to re-establish original jurisdiction before
each Atmos Texas Municipality. Jurisdiction can be re-established through the adoption of the Show
Cause Resolution.
Atmos Texas Municipalities recommends adoption of the Show Cause Resolution so that the City may re-
establish original jurisdiction over the Atmos Energy Corp., Mid-Tex Division rates.
Motion made by Moss, seconded by Edstrom to approve the Resolution.
Motion passed unanimously without any discussion.
D.2 Discuss and take appropriate action relative to a request for a Temporary Use Community
Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club
Women's Club)
Mayor Sanders introduced applicant, Betty Watson.
Motion made by Edstrom, seconded by Wilson to approved the Temporary Use Community Garage Sale
Permit granted by Special Privilege.
Wanda Brewster, 222 Fresh Meadow Drive – Mrs. Brewster, Co-President of Trophy Club Women’s Club
(TCWC) announced that TCWC grossed $8,000 from both garage sales last year and the money was
donated to the Haslet Library, Roanoke Food Pantry, Meals on Wheels and Trophy Club Animal Control.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action awarding the contract for Trophy Club Drive (Master
Improvements) Phase 2 project bid.
Motion made by Edstrom, seconded by Sterling to approve.
Town Manager Emmons said Town staff conducted two preliminary meetings with six contractors and
received three bids for Trophy Club Drive (Master Improvements) Phase 2 project. This project consists
of four major improvements located in the PID. Staff recommends the Council award the bid to Four-D
Construction in the amount of $5,398,082.19. Emmons stated that the increase cost of fuel added to the
cost overruns and has had a negative impact. Four-D Construction is currently the contractor for the
Highlands and Turnberry and is familiar with the Town’s needs and expectations.
Council member Wilson is concerned that the Town is reaching into the contingency fund and requested
Town Manager Emmons to be firm in the future regarding cost overruns. Town Manager Emmons
responded most of the other potential cost overruns will be able to be absorbed to meet the budgetary
requirements.
34
Mayor Pro Tem Edstrom modified the motion awarding the $5,398,082.19 bid contingent upon final
approval of the bonds, authorizing the Town Manager to sign the contract, and recognizing the letter from
Centurion guaranteeing payment for the incentives, the second agreed.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding an Agreement for Professional Services
between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase
Services related to the Highlands at Trophy Club Master Improvements, Phase 2.
Town Manager Emmons stated this contract will cover all engineering responsibilities related to the
construction phase of the Trophy Club Master Improvements Phase II. Contract funding will be provided
proportionately based on the assessed benefit to the residents of The Public Improvement District (PID).
The Engineer’s Opinion of Cost in the Service and Assessment Plan for the Highlands of Trophy Club
PID included the engineering costs as part of the total project cost. Staff recommends the Town contract
with Carter and Burgess and requested that the Council acknowledge the purchasing policies. After
speaking with other contractors, staff did not advertise this agreement as it would have been
disingenuous as the determination was already made that Carter and Burgess was qualified. Emmons
said staff is still waiting on indemnification language for the contract.
Motion made by Moss, seconded by Wilson to approve the agreement.
Council member Wilson said it makes sense to award the agreement to Jacobs Carter Burgess. Wilson
asked Town Manager Emmons to request Jacobs Carter Burgess to be timely as they have missed
previous deadlines. Krisha Brooks from Jacobs Carter Burgess said they will be very proactive to ensure
a quick turn around.
Council member Moss modified the motion, acknowledging of exception to the procurement policy,
approval pending the change to the indemnity language and removal of article 18, Section E and
authorizing the Town Manager to execute, the second agreed.
Motion passed unanimously without further discussion.
D.5 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled
"Administration" of the Code of Ordinances, enacting Section 8.16, entitled "Public Works
for Public Improvement District No. 1."
Town Manager Emmons proposed staff’s recommendation of adding a new section to the Schedule of
Fees, Section 8.16 "Public Works for Public Improvement District No. 1" to cover all the fees associated
with water and wastewater, as well as the connection fee, impact fee, etc. to service the PID. Emmons
said the fees are consistent with the fees established by the MUDs.
Motion made by Edstrom, seconded by Wilson approving the Ordinance amending Chapter 1, entitled
"Administration" of the Code of Ordinances, enacting Section 8.16, entitled "Public Works for Public
Improvement District No. 1."
As requested by Council member Moss, Town Manager Emmons restated that the charges are the same
as the current rates being charged by the MUDs and that there is no increase.
Motion passed unanimously without further discussion.
D.6 Discuss and take appropriate action regarding the submission of the Grant application for
the Criminal Investigator Program for the 2008-09 fiscal year.
35
Police Commander Tony Simmons presented that the Town’s growth of the Town is creating a burden on
the Police Department and the likelihood for resolution to investigations.
Motion made by Edstrom, seconded by Moss approving the submission of the Grant application for the
Criminal Investigator Program for the 2008-09 fiscal year.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding the consideration of proposed site options
to move the outdoor warning siren from the Harmony Park parking areas owned by Beck
Properties.
Town Manager Emmons provided the following three options with quotes from American Communication:
Option 1: Move the existing Warning System tower, which is located at the south end of Harmony
Park on a lot West Hillside Place, approximately thirty yard to the west. ($6,000.00)
Option 2: Move the existing Warning System tower to the north end of Harmony Park and add an
additional 3-cell, to expand the warning coverage to the south end of Trophy Club Park.
($11,442.00) There will still be a void covering neighborhood 7.
Option 3: Move the existing Warning System tower, which is located on the south end of Harmony
Park on a lot on West Hillside Place, approximately thirty yards to the west. Add an additional 2-
cell Warning System tower to a location on the east end of Marshall Creek Road. 32 ($22,887.00)
Emmons explained that the contractor would need thirty days notice to move the System. Staff
recommends starting with Option 1, and to set funds aside in order to move to Option 3 when the Town
builds out. Funding could potentially come from the Fire Department emergency and building
maintenance, and staff could check with the EDCs and the MUDs for funding help since the $6,000.00as
this is not a budgeted item.
Motion made by Moss, seconded by Edstrom, accepting Option 1 for $6,000, requesting Town Manager
Emmons look into funding options and to keep the Council informed if the Town receives formal word
from Beck to move faster.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action directing staff to undertake a traffic study in the area
of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow
of traffic, number of lanes and potential for a mandatory turn lane.
Town Manager Emmons said a simple traffic survey can be completed in-house for less than $2,000. A
long-term study/traffic count would need to be conducted by a traffic engineer, estimated at $5,000 to -
$7,500.
Randy Rutledge, 5 Jamie Court – Spoke in favor of the traffic study and recommended traffic calming
measure rather than speed reduction.
Fred Zuber, 22 Hanna Court - Spoke in favor of the traffic study.
Mayor Pro Tem Edstrom is confident in the staff’s ability to perform the study and is not in favor of
spending the funds to hire an engineering firm. Edstrom suggested that the Council direct the Town
Manager to have the appropriate staff conduct the traffic study and report back at the first meeting in
April.
No action taken only direction.
D.9 Discuss and take appropriate action regarding the Employee Services Contract.
36
Mayor Sanders advised the contract was been reviewed by the Town and MUD attorneys. The only
changes are to Paragraph X, Discipline. The changes were approved by the Master District on February
13, 2008.
Motion made by Edstrom, seconded by Moss.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action regarding an Ordinance amending Section 4.05(B)(2)
of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement
of political signs.
Mayor Sanders confirmed with Town Attorney Adams that easements were not addressed. Town
Attorney Adams does not have any legal concerns with this language.
Motion made by Sterling, seconded by Moss.
Council member Sterling recapped one sign per candidate, per yard. If ten people are running, a person
may have ten signs in their yard. Mayor Pro Tem Edstrom would still like to limit the number of signs per
open seats.
Motion passed unanimously without further discussion.
Council recessed for ten minutes.
D.11 Discuss and take appropriate action to approve Minutes dated, February 11, 2008.
Motion made by Edstrom, seconded by Moss.
Motion passed 3:0:1 with Sterling abstaining.
Council moved up Item D.14.
D.12 Discuss and take appropriate action regarding the proposal and resulting negotiations
between the Town of Trophy Club and the Management Connection, Joe Gonzales.
Mayor Sanders informed the Council that Mr. Gonzales is not willing to lower his price. Mr. Gonzales’ fee
is based on recouping his cost when he came out and interviewed the Council. Gonzales said he is
perhaps the wrong person to conduct this training since Council does not realize the training importance.
Town Manager Emmons said Mr. Gonzales’ price is firm.
Council member Wilson and Sterling agreed that everything is negotiable. Council member Moss said
that this would be a waste of money, feels all of the Council members bring a wealth of professional
business relations and that the Texas Municipal League offers training sessions for a nominal fee. Mayor
Pro Tem Edstrom does not have a problem not contracting with Mr. Gonzales. Edstrom suggested
contacting Davis Palmer, NISD Board President regarding his presentation on how well the School
District relates with one another, their concerted effort as a team and the chain of command. Edstrom
agreed with Moss that the Council collectively has time and business experience, and also have areas to
improve. Moss would like to consider Davis Palmer.
Motion made by Sterling, seconded by Moss to deny proposal.
Motion passed unanimously without further discussion.
37
D.13 Assistant Town Manager to give a report regarding the items to be discussed at the
Regional Roundtable Meeting between the Town Council of Trophy Club, the Board of
Alderman for the Town of Westlake, City Council for the City of Roanoke and the Board of
Directors for the Northwest Independent School District and discussion of the same.
Assistant Town Manager Seidel provided a brief report regarding the Regional Roundtable.
Mayor Pro Tem Edstrom suggested specific time allotments for each item. Mayor Sanders is not in favor
of placing time limits on the items and would prefer to know a time frame for each item, prior to the
meeting in order to keep the meeting flowing.
Council member Wilson requested Town Manager provide her a copy of the engineering study on the
road from Byron Nelson High School to Hwy 377.
No action taken, report only.
D.14 Town Manager to give a report regarding the creation of a Water/Wastewater study team
and discussion of the same.
Town Manager Emmons stated that as directed by Council, he has begun his search for a study team.
The RFQ was provided to the Master District last week and Emmons has received input from some of the
Directors. Emmons suggested Council address every issue in order to determine if operations are
running efficiently. The study needs to include a review of the current infrastructure condition so that the
Town has knowledge of the current system.
Town Manager Emmons estimated the study would cost $30,000 – 40,000 on the low end and $75,000 -
100,000 on the high end.
Ben Brewster, 222 Fresh Meadow Drive – Spoke on behalf of over 560 citizens who responded to the
letter the Ad Hoc committee sent out, all in favor of the study. Mr. Brewster referenced the consolidation
of Solana through legislative action which would be long and drawn out. Legal aspects need to be
addressed first and management consideration on how our management would work with Westlake.
Brewster said the ad hoc Committee is not saying consolidation is the only way and want the study to
determine.
Mayor Sanders agreed and said in order to spend this type of money he would like reassurance that the
Town can save the residents some money. The value of Solana needs to be determined first in order to
make a decision.
Mayor Pro Tem Edstrom would like to know the cost to maintain and upgrade the infrastructure. Mayor
Sanders would like copies of the previous studies. Town Manager Emmons stated the overall
environment and factors have changed since the last study. Emmons would like Council’s direction to
solicit and accept proposals for a study and for Council to provide a detailed list of items they want
included in the study. The MUDs will only contribute to the financial aspects of study and not to a full
engineering analysis. Mayor Sanders referenced the bipartisan study team mentioned in the ad hoc
committee letter and would like the MUDs to inform the Town what they would like to change from the
original scope defined at the October 2006 meeting. Town Manager Emmons read the minutes from the
October 22, 2006 meeting and stated that the MUDs were aware of the scope of the study the Town was
going to engage in.
Council member Moss would like to see Town Manager Emmons move forward and solicit costs factors
for the study so the Council can prioritize. Council member Wilson likes the idea of having the price
components and commented that the financial analysis is her biggest concern. Wilson would like to see
the study team work with the ad hoc committee, and would like Town Manager Emmons to clear up the
misunderstanding with the Master District so that everyone knows this is an unbiased study.
38
No action taken, input only.
D.15 Items for Future Agenda.
Staff will come back in April with the traffic study.
The reviews for the Town Manager, Town Attorney and Town Secretary will occur at the meetings in April.
Mayor Sanders asked the Council to recognize the significant staff time ordinance review and revisions
require.
Council member Wilson added the solicitation ordinance. Town Manager Emmons confirmed the
ordinance is scheduled for the next meeting.
D.16 Reports.
(a) Town Manager Emmons gave his report.
(b) EDC 4A Liaison, Council member Moss gave his report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to
seek the advice of its attorney about pending or contemplated litigation:
Time entered: 10:17 p.m.
(1) Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Time reconvened into Regular Session: 10:28 p.m.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
Motion made by Edstrom, seconded by Wilson directing Town Attorney Adams to proceed with response.
Motion passed unanimously without any discussion.
F.1 Adjourn.
Motion made by Edstrom, seconded by Wilson to adjourn.
Meeting adjourned at 10:29 p.m.
______________________________ ___________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
39
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.B.5
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 12, 2008 (Joint Regional Meeting.)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1 Minutes dated, March 12, 2008.
40
MINUTES OF A JOINT REGIONAL MEETING BETWEEN THE TOWN
COUNCIL FOR THE
TOWN OF TROPHY CLUB, BOARD OF ALDERMAN FOR THE TOWN
OF WESTLAKE, CITY COUNCIL FOR THE CITY OF ROANOKE AND
BOARD OF DIRECTORS FOR THE NORTHWEST INDEPENDENT
SCHOOL DISTRICT
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Wednesday, March 12, 2008 at 6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Wednesday, March
12, 2008. The meeting was held within the boundaries of the Town and was open to the public.
Mayor Sanders led the pledges.
Mayor Gierisch gave the invocation.
TROPHY CLUB TOWN COUNCIL MEMBERS AND STAFF PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Jim Moss Council Member
Kathleen Wilson Council Member
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
WESTLAKE TOWN COUNCIL MEMBERS AND STAFF PRESENT:
Scott Bradley Mayor
Don Redding Mayor Pro Tem
Larry Corson Alderman
Pete Steger Alderman
Joe Hennig Interim Town Manager
Kim Sutter Town Secretary
ROANOKE CITY COUNCIL MEMBERS AND STAFF PRESENT:
Scooter Gierisch Mayor
Holly Gray-McPherson Mayor Pro Tem
Brian Darby Council Member
Victor Molaschi Council Member
Lewis Rice Council Member
Jimmy Stathatos City Manager
Ronnie Angel Parks Director
Cody Petree Public Works Director
41
Kim Barnes City Secretary
NISD MEMBERS PRESENT:
Dr. Karen Rue Superintendent
Davis Palmer Board of Trustee, President
Dr. Daryl Laney Board of Trustee, Secretary
Dennis McCreary Assistant Superintendent for Facilities,
Planning, and Construction
Mark Schluter Board Member
Pledge of Allegiance led by Mayor Sanders, Town of Trophy Club.
Invocation led by Mayor Gierisch, City of Roanoke.
A.1 Call to order and announce a quorum.
Mayor Sanders, Town of Trophy Club, called the meeting to order at 6:04 p.m.
Mayor Bradley, Town of Westlake, called the meeting to order at 6:04 p.m.
Mayor Gierisch, City of Roanoke called the meeting to order at 6:06 p.m.
Mayor Sanders took the group into a committee of a whole for open discussion
with no action.
A.2 NISD presentation on demographic growth and update regarding Byron
Nelson High School Sport facilities.
Dr. Karen Rue, Northwest Independent School District Superintendent, gave a
presentation on demographic growth and an update regarding Byron Nelson
High School sport facilities. The district has 65 active housing developments
with more being platted. The current enrollment is close to 12,000 students and
is growing by approximately 1,500 students each year
Dennis McCreary, Northwest ISD, gave overview regarding the progress of
construction on Byron Nelson High School. Currently on schedule and will open
on time for the August 2009, school year.
A.3 Discuss and receive input regarding Library.
Northwest ISD School Board is in discussion for the library to be open to the
public outside of school hours. Roanoke City Manager Stathatos asked if all
residents in the school district would be allowed to use the facilities. Dr Rue
stated that they would work with all entities. NISD Board of Trustee Palmer said
the Legislation has regulated the funding for maintenance and operation of
libraries. Trophy Club Mayor Pro Tem Edstrom thanked NISD for designing the
infrastructure to allow another entity outside after hours use.
42
Dr Rue stated the bond referendum includes funds to conduct a feasibility study
for a natatorium. Assistant Superintendent McCreary said one concern of the
long range planning committee is ensuring there is enough land to get the district
through their growth transition. The City of Keller has offered an affordable rate
of $15,000 annually for the NISD swim program to use their facility and the
district’s cost of approximately $3,000 per year to transport the children.
Mayor Pro Tem McPherson said the Roanoke City Council felt left out and was
offended to read in the papers that the NISD was talking to the City of Fort Worth
about a natatorium. If NISD would build the facility, Roanoke will be responsible
for the operation and maintenance. Both Mr. McCreary and Dr. Rue said the
feasibility study will determine the best location and operation and maintenance
needed. The study should be complete within two (2) years.
Bill Walker, resident of Roanoke, said talks with Fort Worth were regarding
swimming pools not natatoriums. He does not believe there will be any
negotiations between the City of Fort Worth and Northwest ISD regarding a
natatorium, the City of Fort Worth has other items to be concerned with.
a) Each entity provide brief overview of current and future park plans.
Roanoke City Manager Stathatos stated the City of Roanoke has a
Professional Services scheduled for an upcoming agenda to build soccer
fields, 8-12 depending on need, just south of the Recreation Center. The
fields should be under construction by summer 2008, and completed by
spring. He stated there are discrepancies on the location of Marshall Creek
Park and Trophy Club Park and that we all need to be on the same page.
Work has been started with the CORPS and ideas for the Parks Master
Plan. Council Member Wilson asked if Roanoke would be interested in
working with Trophy Club and creating a tri-city sports area. Mayor Pro Tem
McPherson said we could have an outstanding art facility if we can put aside
the boundary issues. Mayor Gierisch agreed stating there were advantages.
Roanoke’s Recreation Center is open to anyone wishing to use the facility
and pool and feels other municipalities should do the same. Interim Town
Manager Hennig will be updating their trail system, Mayor Bradley stated
Westlake just acquired the title to Roanoke IOOF cemetery, which has never
been in the City of Roanoke, and will begin doing a Master Plan to include a
trail and green cemetery. Mayor Bradley saluted Roanoke and Trophy Club
for the idea of regional cooperation.
b) Discussion of Trophy Club Park
Town Manager Emmons gave a presentation on existing and future parks in
Trophy club stating the descriptions of each.
• Harmony Park: 13 acre irrigated park
43
• Lakeview Park: 5 acres owned by NISD which has joint use
• Independence Park: 188,000 gallon main pool, 37,000 gallon kiddie
pool, concession stand
• Skyline Park: 3.5 acre undeveloped park
• Trophy Club Park: 877 Acre Park with 677 acres in current use.
Trophy Club has a current lease dated 2002-2027 for recreation
purposes.
Mayor Pro Tem McPherson believes that it is not unheard of for the CORPS
to give multiple leases on one park.
Mayor Pro Tem Edstrom suggested a nature center would be of interest to
partner with the school district.
c) Discussion of natatorium facility
This section was discussed under item 1 at the request of Roanoke Mayor
Pro Tem McPherson.
A.5 Discuss and receive input regarding Highway 170 – Highway 114
Interchange.
Mayor Sanders stated that until RTC reaches a written agreement on how to
value toll roads with NTTA that it will probably not happen. Transportation
federally is broke.
Mark Schulter – NTTA could move forward on this project very rapidly based on
recent experience.
A.6 Discuss and receive input regarding inter-community development
communication and development along Highways 114 and 170 of mutual
interest to all communities.
It was noted that Roanoke has a new fire station that will be located in that area.
Alderman Corson appreciates that all three (3) towns are meeting and may not
agree but are having discussions. He suggested a process to allow for cities to
have an input regarding business that front either 114 or 170. Mayor Bradley
said that the Value Inn sign is not appealing. Mayor Pro Tem Edstrom said there
used to be a corridor process in place back in the late 90’s. City Manager
Stathatos has never seen one and believes it was before he came to work in
Roanoke which was in 1998. Council Member Wilson stated “curb appeal”
needs to be addressed on a future agenda. Alderman Corson would like to find
the corridor process and see if everyone agrees. He would like to know how the
process would work. Should this be implemented through the County
Commissioner or just an agreement between Managers?
44
A.7 Schedule future meetings.
Mayor Pro Tem McPherson would like to meet again after election, maybe early
June and that Roanoke would host. Mayor Sanders suggested this might be a
quarterly meeting. Town Managers will schedule a date.
Mayor Sanders moved the group out of a committee of a whole.
A.8 Adjourn
Motion made by Susan Edstrom seconded by Jim Moss to adjourn the meeting
at 7:58 p.m. Motion carried unanimously.
Motion made by Larry Corson seconded by Pete Steger to adjourn the meeting
at 7:58 p.m. Motion carried unanimously.
Motion made by Holly Gray-McPherson seconded by Victor Molaschi to adjourn
the meeting at 7:58 p.m. Motion carried unanimously.
____________________________ ________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
45
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.B.6
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 17, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, March 17, 2008.
46
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Monday, March 17, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, March 17, 2008. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Park and Recreation Director
Sakura Moten-Dedrick Finance Director
Tammy Ard HR Coordinator
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a
quorum was present.
A.2 Police Chief Kniffen gave the Invocation.
A.3 Fire Chief Thomas led the pledges.
A.4 Citizen presentations:
47
Roger Williams, 215 Phoenix – Requested the Town take a position against the MUD1
Bond as the citizens do not have enough details to build the station. Mr. Williams
suggested that the Town should have a referendum allowing all the citizens to vote fro a
new station.
A.5 Discuss and take appropriate action regarding a Proclamation recognizing
April as Friends of the Family, Sexual Assault Awareness month.
Mayor Pro Tem Edstrom read the Proclamation.
Motion made by Moss, seconded by Cates to approve the Proclamation. Motion
passed unanimously without any discussion.
Mayor Sanders introduced Tiffany Coleman from Friends of the Family. Ms. Coleman
thanked the Council and Community for their support since 2002.
A.6 Presentation by Wellspring Insurance Company, Rodney Dryden regarding
Health Savings Accounts (HSAs) and discussion of same.
As requested by Council during the last budget cycle, Rodney Dryden from Wellspring
Insurance Company gave a brief presentation explaining Health Savings Accounts and
Health Reimbursement Arrangements.
A.7 Receive update and recommendations from the Public Safety Advisory
Group regarding a potential amendment to Chapter X, entitled "Public
Safety", of the Code of Ordinances of the Town of Trophy Club to enact
Article XIV, regulating the use of mobile phones and entitled "Use of Hand-
Held Mobile Telephones Prohibited In School Zones", and discussion of
same.
Lou Opipare from the Public Safety Advisory Group gave a presentation listing the
Group’s considerations for evaluating a Cellular Telephone Ordinance. The Public
Safety Advisory Group identified potential hazards and options for enforcement. The
Group recommends that if the Council decides to ban hand-held cellular phones in the
school zones, then they should ban their use throughout the entire town.
Barbie Kadow, 322 Village Trail – Spoke against an Ordinance banning cell phones in a
school zones.
Town Council Candidate, Michael Zerger, 220 Oak Hill Dr. – Suggested people
speaking on cell phones are as dangerous as drunk drivers, and agreed with the Public
Safety’s Advisory Group’s recommendation of prohibiting handheld cell phones for the
entire community should Council ban in school zones.
Council member Sterling does not feel the Town has the necessary resources to
enforce and that public awareness is a more effective tool.
48
Council member Cates agreed with Sterling that the Council should not legislate this
and encouraged people not to drive while talking on a cell phone.
Council member Moss said it is impossible to regulate people with rules that they are
not going to pay attention to.
Mayor Sanders advised this item was posted for Council input only. Staff should not
pursue an amendment to Chapter X, entitled "Public Safety", of the Code of Ordinances
of the Town of Trophy Club to enact Article XIV, regulating the use of mobile phones
and entitled "Use of Hand-Held Mobile Telephones Prohibited In School Zones", due to
lack of support from the Council.
Consent Agenda
Motion made by Edstrom, seconded by Sterling to approve Items B.1 – B.4. Motion
passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action regarding a Joint
Election Contract between the Town of Trophy Club and the Northwest
Independent School District.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 3, 2007.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 4, 2008.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 18, 2008.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing to request a Replat of Lot 3, Block A, Trophy Wood
Business Center. Applicant: Highway 114 Prospect, LTD (RP-08-013)
Public Hearing opened at 7:55 p.m.
Rick Horn from Pate Engineering and representative for the owner of PD-25 introduced
himself.
No speakers addressed the Council
Public Hearing closed at 7:59 p.m.
Mayor Sanders requested Item D.4 be considered next.
49
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding a request for Replat of Lot 3,
Block A, Trophy Wood Business Center. Applicant: Highway 114
Prospect, LTD (RP-08-013)
Planning and Zoning Chairman, Gene Hill advised that the applicant, Highway 114
Prospect, Ltd., came before the Planning and Zoning Commission on February 21,
2008 with a request for replat of Lot 3, Block A, Trophy Wood Business Center. The
replat will divide Lot 3, Block A, into two lots, Lot 3R1 (Tract 7) of approximately 2.024
acres and Lot 3R2 (Tract 6) of approximately 0.938 acres, in order to match the concept
plan outlined in Planned Development No. 25 (PD-25) regulations which governs the
development and use of these lots. The replat will not change the zoning or uses of the
tracts. Information provided by Staff to the Commission noted the site is zoned as
Planned Development 25. The PD-25 concept site plan and zoning were approved in
December 2002. The Town’s Thoroughfare Plan requirements have been previously
met when the developer built Trophy Wood Drive and Plaza Drive. The site is within an
area identified on the Comprehensive Land Use Plan for Commercial/Professional uses
and the replat adheres to the Comprehensive Land Use Plan. As required by
ordinance, a notice of Public Hearing was published in the Town’s official newspaper on
February 29, 2008. Property owner notification was sent to owners within 200-ft. of this
replat although it was not a requirement to do so. Staff reviewed the Town’s Code of
Ordinances requirements for plat approval and discovered that the replat complies with
the Subdivision Regulations, Comprehensive Land Use Plan, Comprehensive Zoning
Ordinance and the intent of Planned Development No. 25. Based on these actions and
findings, Staff recommended to the Planning and Zoning Commission that the
developer’s replat request be approved.
At its February 21, 2008, meeting the Commission heard, reviewed and discussed the
developer’s request for replat of Lot 3, Block A into Lots 3R1 and 3R2, Trophy Wood
Business Center.
By a vote of 5–2, with Commissioners Sheridan and Ashby voting against, the
Commission recommended approval of the replat request to the Town Council.
Motion made by Moss, seconded by Edstrom to approve a replat of Lot 3, Block A,
Trophy Wood Business Center. Applicant: Highway 114 Prospect, LTD (RP-08-013).
Council member Cates questioned why the owner wants to divide the Lot. Town
Manager Emmons responded that no formal plans have been presented to the Town
and deferred to Rick Horn, representative for the applicant. Mr. Horn said that there are
no specific plans as of yet.
Motion passed unanimously without further discussion.
50
D.2 Discuss and take appropriate action regarding the acceptance of the fiscal
year audit ending September 30, 2007.
Managing Partner Shawn Parker from Weaver and Tidwell was present. Finance
Director Sakura Dedrick gave a brief synopsis of the audit process. Mr. Parker
announced the Town received an unqualified opinion with two material weaknesses.
Neil Twomey and J.D. Harvey from the Audit Committee were present. Mr. Twomey
asked the Council to recognize that the control procedures were not questioned like last
year and commended Finance Director Moten for her help and hard work. Mayor
Sanders and Town Manger Emmons complimented Council Member Cates for her
weekend work helping to implement controls and doing internal audits of P-card
transactions.
Motion made by Edstrom, seconded by Sterling accepting of the fiscal year audit ending
September 30, 2007. Motion passed unanimously without further discussion.
D.3 Review and discuss Comprehensive Land Use Plan Revision Proposals
from Town Consultants.
Town Manager Emmons said on January 21, 2008, the Town Council discussed and
considered conducting a land use study for all commercially zoned properties. The
Council directed that he bring back an outline of the process necessary to update the
Comprehensive Land Use Plan (Comp Plan).
On February 12, 2008, Town Manager Emmons met with Town Engineering
Consultants, Teague, Nall & Perkins (TNP) to discuss a timetable and Comprehensive
Plan scope. TNP was directed to return a proposal for review of the Comprehensive
Plan. The proposal was emailed to the Council on Friday, March 14, 2008. Currently
the funds are budgeted for the Comprehensive Plan Review. This project will n eed ot
be deferred until next fiscal year.
D.4 Discuss and take appropriate action to amend Chapter 3, Article XV of the
Code of Ordinances of the Town, entitled "Swimming Pools"; by amending
Section 15.01 “Definitions”, Section 15.02 “Applicability and Prohibited
Conduct”, and Section 15.04 (I) “Draining of Swimming Pools”, and
providing an effective date.
Town Manager Emmons referenced the Storm Water Management Plan adopted by
Council in February and the discussions regarding pool discharge and backwash
requirements mandated by TCEQ. Staff was previously advised by TCEQ that filtered
backwash of pools is considered elicit and unauthorized. As of Friday, March 14, 2008,
TCEQ informed Town Staff that elicit discharge would not be considered unauthorized.
Town Manager Emmons asked the Council to determine if they are going to set policy
for pool compliance now or wait until the State mandates. Emmons recommended
51
Council not take action tonight and wait until staff receives the additional information
they have requested from TCEQ.
Council member Cates would like to wait until the State mandates and requested TCEQ
submit their decision in writing to the Town. Mayor Pro Tem Edstrom is frustrated that
Staff is receiving two different stories form TCEQ and requested a representative speak
to the Council on record. Mayor Sanders acknowledged the Cities of Arlington,
Grapevine, Farmers Branch and Southlake have adopted similar ordinances.
Larry Hoover, 1118 Berkshire Court – Spoke against this Ordinance and is upset with
the information previously provided by staff regarding this issue.
Peggy Sweeney, 51 Meadowbrook – Thanked the Council and staff who worked on the
revisions to the proposed Ordinance.
J.D. Harvey, 5 Sunrise Court – Spoke against this Ordinance.
Ryan Chitwood, 10 Overhill Drive – Expressed disappointment that Council would
consider waiting for State mandates to approve.
Council member Moss defended the Council advising they reviewed the information
provided and proceeded according to legal requirements.
Motion made by Edstrom, seconded by Moss to refer to a date uncertain. Motion
passed unanimously without any further discussion.
D.5 Discuss and take appropriate action authorizing staff to purchase two
inspection trucks.
Town Manager Emmons stated the purpose of this purchase is to adequately equip the
inspectors for the Public Improvement District (PID) projects. As part of the approved
project cost, the Town charges a flat fee of 5% of the construction for inspections
services. The prevailing rate for a full-time contract inspector is approximately $80 per
hour. The Town will be able to hire a full-time inspector and provide the necessary
equipment at a significantly reduced rate from that of an outside contractor inspector.
One truck will be used by the new inspector and the second will be used by our current
inspector, who is currently using his personal vehicle. The vehicles will be purchased
using PID funds and will not have an impact on the current budget. Town Manager
Emmons provided a cost analysis as requested by Council member Cates. Mayor
Sanders confirmed that the Town is not going to finance the vehicles. PID Funds are
budgeted to pay for the vehicles and they are dedicated to inspections.
Motion made by Moss, seconded by Edstrom authorizing staff to purchase two
inspection trucks. Motion passed unanimously without further discussion.
D.6 Discuss and provide input regarding Council's process and procedures for
issuing performance reviews on the Town Manager, Town Attorney and
Town Secretary.
52
Mayor Sanders suggested the reviews occur at the April meeting and suggested
reviewing the Town Attorney and Town Secretary at one meeting and the Town
Manager at the other. Sanders asked the three individual to provide a self evaluation
and Council requested that the three to advise them how they are working together and
offer any suggestions on how this process might be improved. Mayor Pro Tem Edstrom
and Council member Cates acknowledged the employment agreement requested last
year by the Town Secretary and suggested the Town Secretary bring forth ffer any such
agreement for consideration.
Pearl Ford, P.O. Box 301 – Suggested the Council wait until Staff’s next review before
changing the evaluation forms and offered to assist in revising. In addition, Ms. Ford
suggested Council only review one person per meeting.
Council agreed with the suggestion of only doing one review per meeting. There was
no objection from Adams, Ramsey or Emmons to Council conducting one review per
meeting, even though it would require that one individual’s review will occur in May.
D.7 Items for Future Agenda.
Mayor Sanders requested Item 3 Discuss and receive input regarding an Ordinance
amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating
to number, size and placement of political signs, be removed from the list and Item 4
Discuss and take appropriate action regarding an Ordinance for the Indemnification of
Officers as it relates to section 3.21 of the Town Charter, be researched and brought
back on April 7, 2008. Sanders would like a presentation from the MUDs regarding the
funding of the proposed Fire Station, and add an item for Council discussion related to
how Council plans to address the financial statement proposition that was noted in the
most recent Audit.
D.8 Reports.
(a) Town Manager Emmons’ gave his report.
(b) EDC 4B Staff Liaison, Stephen Seidel gave the report since Council Liaison
Sterling was absent from the meeting.
(c) Parks and Recreation Director, Adam Adams gave a brief update.
E.1 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 9:45 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: 4-7-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding a Resolution supporting and
encouraging the passage of the May 10, 2008 Northwest ISD $260,000,000
bond.
EXPLANATION:
NISD Superintendent Dr. Rue, will present an overview of 2008 Northwest ISD Bond
Program at the April 7th, 2008 Town Council meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Resolution
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Town of Trophy Club
Resolution No. 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, SUPPORTING THE PASSAGE OF THE
NORTHWEST INDEPENDENT SCHOOL DISTRICT’S $260,000,000
BOND PROPOSAL ON MAY 10, 2008.
WHEREAS, THE Town Council of the Town of Trophy Club recognizes that the
Northwest ISD student population is anticipated to increase by 5950 students over the
next three years; and
WHEREAS, the Town Council recognizes that the pursuit of high quality
academics requires adequate facilities to provide appropriate teacher-to-student ratios;
and
WHEREAS, THE Northwest ISD Long-Range Planning Committee has
recommended to the Northwest ISD Board of Trustees the following bond projects to
accommodate the anticipated student growth:
• School site purchases (8 elementary school sites and 1 middle school
site)
• Seven new elementary schools
• One new middle school
• Classroom additions to Samuel Beck Elementary School
• HVAC replacements at Lakeview, Haslet and Justin Elementary schools
and the District Support Services facility.
• Technology to accommodate growth and upgrades; infrastructure for new
schools, five year technology replacement cycle and instruction initiatives.
• Educational Programs; orchestra classrooms, Career
Pathways/Academies, Feasibility study to prepare for future natatorium.
WHEREAS, The Northwest ISD Board of Trustees has called a $260,000,000
bond election for May 10, 2008 to provide for the needed facilities; and
WHEREAS, the bonds will be sold as demographics warrant over the course of
the three year period with a maximum I&S tax rate of $0.3350; and
WHEREAS, the I&S tax rate of $0.3350 is the same maximum rate guaranteed in
the 2001 and 2005 bonds, and
WHEREAS, the Town Council of the Town of Trophy Club has determined that
the passage of this bond is needful for the pursuit of high quality academics;
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NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Trophy Club, Texas:
Section 1. The Town Council supports and encourages the passage of the May
10, 2008 Northwest ISD $260,000,000 bond.
Section 2. The resolution shall take effect from and after the date of passage.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 7th day of April 2008.
_____________________________
Mayor of Trophy Club, Nick Sanders,
ATTEST:
______________________________
Town Secretary, Lisa Ramsey
APPROVED AS TO FORM:
________________________________
Town Attorney, Patricia Adams
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No. C.2
Discuss and provide input regarding an Interlocal Agreement between the
Town of Trophy Club, the City of Roanoke, NISD and Denton County for the
construction of Northwest Parkway along NISD property to its intersection
with Highway 377.
A. Discuss and provide input on the development agreement between the
Town and Centurion American for the extension of Northwest Parkway
EXPLANATION:
The attached draft interlocal agreement provides for the funding and construction of the
road to extend Northwest Parkway through the jurisdictions of Trophy Club and
Roanoke to connect at its intersection with Highway 377. Denton County is providing
funding which is divided proportionately between Trophy Club, Roanoke, and NISD.
Under the PID/Development Agreement between Centurion American and the Town,
Centurion American is responsible for the costs of construction for the portion of the
road that goes across property owned by Centurion. The agreement contains an exhibit
which identifies road segments, the cost of construction for each segment and identifies
the party responsible for those costs. The Town will act as project manager and let the
contract.
The County was uncomfortable with Centurion American being a member to the
interlocal development contract, so the obligations of Centurion American have been
outlined in a separate agreement between Centurion and the Town. A copy of the draft
agreement between Centurion American and Trophy Club is also included for your
review.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum
2. Draft Interlocal with Roanoke, NISD, and Denton County
3. Draft Agreement between the Town and Centurion American
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action on a request for approval of a
Temporary Use for Off Street Parking for Model Homes in Planned
Development No. 27, Neighborhood 3, Phase 1A, for a period of time of not
greater than one year. Applicant: K. Hovnanian Homes - DFW, LLC
K. Hovnanian Homes is building two model homes located at 2216 and 2220 Trophy
Club Drive. The builder wishes to place a paved parking lot between the two model
homes; the parking lot is to be located on Lot 10, Block A, which carries the address of
2218 Trophy Club Drive. This type of request must be heard by the Planning and
Zoning Commission for recommendation to the Town Council. The builder must
eventually remove the parking lot, restoring the lot to a buildable single family home lot
as originally shown on the Neighborhood 3, Phase 1A plat.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses (copy included):
A. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
14. Off street parking for Model Homes in residential districts, provided
on one lot which complies with all setback requirements of the
district in which it is located for a time period of not greater than one
year. However, such temporary use may be renewed annually.
…
Annual Extensions of the temporary use permit may be issued by the
Zoning Administrator upon written request by the applicant.
Setbacks: Neighborhood 3, Phase 1A of The Highlands of Trophy Club Planned
Development No. 27 (PD-27) consists of Lot Types 1 and 2. The parking lot is
proposed on Lot 10, Block A, which is a Lot Type 2, with the following setback
requirements:
Front Yard: 25 feet minimum
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Rear Yard: 25 feet minimum
Side Yard: 7.5 feet minimum
The applicant has complied with all required setbacks.
Parking Requirements: Parking requirements for temporary use model home parking
are not specified in the Town of Trophy Club Parking Regulations, but the regulations
require the following: “The number of spaces required shall serve residents, customers,
patrons, visitors and employees.” The applicant conferred with the Town’s Building
Inspector and they agreed that the applicant should place the maximum number of
parking spaces allowed on the lot to sufficiently provide parking for employees and
potential customers. In addition, American Disabilities Act (ADA) standards require
twenty percent of total parking spaces must be handicap-accessible.
The Town Council also has the following parking guidelines authority per Town of
Trophy Club regulations:
“Unclassified Use: Where the proposed land use cannot be classified
within the uses herein specified, the Town Council shall determine the
specified use most clearly related to the proposed use and the minimum
requirements for the specified use so determined shall apply to the
proposed use.”
The applicant’s site plan is configured for 13 single car spaces, each 9’ x 18’ as required
by town regulations, and 2 handicap accessible spaces, also sized appropriately.
Parking Facilities Construction: Town regulations require that parking facilities be
constructed of reinforced concrete on prepared subgrade. Minimum thickness shall be
5” for general parking. The applicant must obtain a building permit and comply with
materials and inspection requirements.
Landscaping: This temporary parking lot is being constructed in a neighborhood that is
part of The Highlands at Trophy Club Planned Development No. 27 (PD-27). There are
landscaping requirements for the lot when it is built out as a home, but PD-27 does not
designate specific landscaping requirements for temporary use model home parking.
Town of Trophy Club Landscaping Regulations also do not designate specific
landscaping requirements for temporary use model home parking lots, but the
regulations have the following “general” standards:
D. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
1. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or
equal thereto. Grass seed, sod and other material shall be clean and reasonable
free of weeds and noxious pests and insects.
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2. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. If any of the requirements of Article VIII
regulating trees conflict with the requirements contained herein regulating trees,
the requirements of Article VIII of the Subdivision Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted
and maintained so as to form a continuous, unbroken, solid, visual screen which
will be three (3) feet high within one year after time of planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and may
be used in conjunction with fences, screens or walls to meet screening
requirements as specified.
5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be
of live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except
that solid sod shall be used in swales, berms or other areas subject to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree requirement of
any landscaping provision of this Section. Trees of exceptional quality due to
size, large canopy cover, trunk diameter, rareness, age or species may, at the
discretion of the Planning and Zoning Commission, be credited as two trees for
the herein minimum requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
The applicant’s proposed landscaping, as shown on the site plan, meets the Town’s
Landscaping “General Standards” provided any shrubs planted are a minimum two feet
in height when measured immediately after planting. When the parking lot is removed
and a home is built on this lot, the applicant must comply with all landscaping
requirements of PD-27.
Staff Recommendation: Staff recommends approval of this request. The applicant has
met or exceeded the parking and landscaping requests made by staff.
Planning and Zoning Recommendation: The Planning and Zoning Commission will
hear this request on Thursday, April 3, 2008. Council packets go out before the P&Z
meeting takes place, therefore, on April 7, 2008, Chairman Gene Hill will update the
Council with the Commission’s decision.
(ch)
Attachments: Application
K. Hovnanian Explanation of Parking Lot Proposal
Site Plan
Plat Map Location
Overall View – Plat Map Location
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Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 7.03 Landscaping Regulations
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 7.04 Off-Street Parking Regulations
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action on a request for approval of a
Temporary Use for a Real Estate Office (located in a trailer or manufactured
housing), Churchill Downs Subdivision, for a period of time not to exceed
six (6) months. Applicant: F & R Adams Luxury Homes
F & R Adams Luxury Homes requests permission to place a sales trailer on Lot 19,
Block B, which is addressed as 2016 Churchill Downs Lane. F & R Adams Luxury
Homes has a permitted construction trailer on this site, but would like to use the trailer
as a sales office as well. For permission to use a real estate office located in a trailer,
the request must be heard by the Planning and Zoning Commission for
recommendation to the Town Council.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
B. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
15. Real estate offices (located in trailer or manufactured housing), but
only for a time period not to exceed six (6) months; however such
uses may be renewed one (1) time.
Setbacks: The sales trailer conforms to the setbacks of Lot 19, Block B, Churchill
Downs Subdivision:
Front Yard: 25 feet minimum
Rear Yard: 20 feet minimum
Side Yard: 7.5 feet minimum
Parking: Street parking will be used.
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Landscaping: Landscaping for temporary sales trailer use is not specified in the Town
of Trophy Club Landscaping Regulations, but the regulations have the following
standards:
E. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
9. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or
equal thereto. Grass seed, sod and other material shall be clean and reasonable
free of weeds and noxious pests and insects.
10. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. If any of the requirements of Article VIII
regulating trees conflict with the requirements contained herein regulating trees,
the requirements of Article VIII of the Subdivision Regulations shall control.
11. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted
and maintained so as to form a continuous, unbroken, solid, visual screen which
will be three (3) feet high within one year after time of planting.
12. Vines: Vines shall be a minimum of two feet immediately after planting and may
be used in conjunction with fences, screens or walls to meet screening
requirements as specified.
13. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be
of live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
14. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except
that solid sod shall be used in swales, berms or other areas subject to erosion.
15. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree requirement of
any landscaping provision of this Section. Trees of exceptional quality due to
size, large canopy cover, trunk diameter, rareness, age or species may, at the
discretion of the Planning and Zoning Commission, be credited as two trees for
the herein minimum requirements.
16. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
The applicant has included annuals, Japanese Bloodgrass, Dwarf Indian Hawthorn and
Pigmy Dwarf Barberry as landscaping in front of the trailer. The applicant does not
indicate the size of the plants, which must be a minimum of two feet in height when
measured immediately after planting. They are proposing sod on the sides of the trailer
and seed in the rear.
Flagpoles, Wooden Sign, Fencing: The applicant is asking for flagpoles, a 7’ x 5’
wooden sign and fencing around the lot, none of which specifically requires Town
Council approval, but must be properly approved and permitted by the Town Permit
Department.
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Awnings: The applicant has placed awnings on the existing construction trailer (picture
enclosed) and is asking the Town Council for permission to keep the awnings on the
trailer. Staff asks that this request be denied as awnings are prohibited by Town
regulations (Chapter 5 – General Land Use, Article IV – Sign Regulations, Section 4.06
Commercial and Institutional Signs).
Staff Recommendation: Staff recommends approval of this request with denial of the
awnings.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission will hear this request on Thursday, April 3, 2008. Council packets go out
before the meeting takes place, therefore, on April 7, 2008, Chairman Gene Hill will
update the Council with the Commission’s decision.
(ch)
Attachments: Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Application
Sales Trailer Elevation Without Awnings
Sales Trailer Elevation With Awnings
Photo – Sales Trailer with Awnings
Site Plan
Construction Trailer Permit Issued February 8, 2008
Town of Trophy Club Sign Regulations, Chapter 5 – General Land Use,
Article IV – Sign Regulations.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.C.5
Discuss and take appropriate action on a request for approval of a
Temporary Use for a Real Estate Office (located in a trailer or manufactured
housing), for a period of time not to exceed six (6) months, Located on
Commercial Recreation (CR) Zoned Property. Applicant: Jacobs Carter
Burgess on behalf of Centurion American. Property Owner: ClubCorp Golf
of Texas.
Jacobs Carter Burgess, on behalf of Centurion American, requests permission to place
a temporary real estate office on property owned by Trophy Club Country Club (dba
ClubCorp Golf of Texas). The property is located just west of the intersection of Trophy
Club Drive and Trophy Lake Drive with existing tennis facility, courts, and parking
located on the site. Centurion American wishes to place the temporary use real estate
sales trailer on the south side of the private drive entrance to the Country Club tennis
courts. Centurion is proposing landscaping and parking additions to the existing tennis
facility, these features will become permanent additions to the site. ClubCorp Golf of
Texas must give permission to Centurion for the temporary use and must indicate their
approval of the permanent changes proposed by Centurion. As the time of packet
delivery, ClubCorp sign-off had not been received by the Town.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
C. Permitted Uses: The following uses, which are classified as temporary
uses, may be permitted for a period of time by the Town Council, after
recommendation by the Planning and Zoning Commission. Said
period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
…
16. Real estate offices (located in trailer or manufactured housing), but
only for a time period not to exceed six (6) months; however such
uses may be renewed one (1) time.
The applicant is requesting an immediate 6-month extension of the time period
for this temporary use real estate office trailer.
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Setbacks: Commercial Recreation (CR) property does not designate setbacks as it is
not meant to be used for structures and buildings but rather for athletic fields,
playgrounds, tennis courts, etc. The applicant is proposing 5-ft. setbacks on the east
and west sides of the trailer. This will place the building 5-ft. from the private drive on
the east side and 5-ft. from the neighboring vacant Commercial Recreation (CR) zoned
property on the west side of the trailer. The setbacks are acceptable to staff.
Parking: A parking lot is proposed, which will remain as a permanent parking area for
the tennis courts use after the temporary real estate use has ceased.
The applicant is proposing 12 parking spaces and one ADA space, all of which conform
to Town standards. The applicant is proposing the parking to remain as a permanent
parking area for the tennis courts use after the temporary real estate use ceases,
therefore, the parking lot must meet all provisions of Section 7.04 Off-Street Parking
Requirements as well as the following:
K. Off-Street Parking: Off-street parking shall be provided in accordance with the
provisions of Section 7.04, Off-Street Parking Requirements. In addition, the
following regulations shall apply:
1. Parking lots shall be designed with compartmentalized parking lots for all areas
of over 50 spaces.
2. Access to individual developments shall be obtained through mutual access and
cross access drives on-site. Multiple driveway entrances for individual lots shall
be prohibited unless it is determined that it is physically impossible to provide
shared access to the lot or if extenuating circumstances can be demonstrated
and are approved by the Town Council after recommendation by the Planning
and Zoning Commission.
3. Total driveway entrances shall not exceed 3 entrances for any development.
4. Driveways shall have a minimum separation of 150 feet.
5. Parking spaces shall not be permitted within the building line setback areas.
Drive lanes shall only be permitted in building line setback area when crossing
setback area.
6. There shall be a maximum of 12 consecutive spaces between islands with at
least one 4" caliper tree in each island. Landscaping in the islands shall include a
combination of ground cover, shrubs, and flowering plants in addition to the
required tree.
7. A raised curb shall be required for all parking and driving surfaces.
8. Curb stops shall be required on all parking spaces that "head-in" to any
landscaped area. These curb stops shall be placed such that the overhang of a
vehicle is contained totally within the limits of the parking space.
9. A traffic circulation plan and impact analysis shall be prepared and provided with
the site plan for all new development. The traffic impact analysis requirement
may be excluded from the site plan if the town engineer determines that the
analysis is not necessary for the development.
10. All entrance drives shall be accented with decorative street treatment and shall
be clearly detailed on the site plan.
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11. Paved parking areas shall have at least 10% of the paved surface area dedicated
to decorative street treatment as approved by the town Planning and Zoning
Commission.
12. Crosswalks, when provided, shall be marked similar to decorative street
pavement.
The applicant meets the above requirements.
Landscaping: Town of Trophy Club Landscaping Regulations requires the following
“General Standards”:
D. General Standards: The following criteria and standards shall apply to landscape
materials and installation:
1. Quality: Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or equal
thereto. Grass seed, sod and other material shall be clean and reasonable free of
weeds and noxious pests and insects.
2. Trees: Trees referred to in this Section shall comply with all applicable regulations
and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy
Club, as amended. If any of the requirements of Article VIII regulating trees conflict
with the requirements contained herein regulating trees, the requirements of Article
VIII of the Subdivision Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when
measured immediately after planting. Hedges, where installed, shall be planted and
maintained so as to form a continuous, unbroken, solid, visual screen which will be
three (3) feet high within one year after time of planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and may be
used in conjunction with fences, screens or walls to meet screening requirements as
specified.
5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of
live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that
solid sod shall be used in swales, berms or other areas subject to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications
herein shall be credited toward meeting the tree requirement of any landscaping
provision of this Section. Trees of exceptional quality due to size, large canopy
cover, trunk diameter, rareness, age or species may, at the discretion of the
Planning and Zoning Commission, be credited as two trees for the herein minimum
requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material shall be
prohibited.
Besides the General Standards outlined in the Town of Trophy Club landscaping
regulations, the following CR regulations apply:
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I. Landscaping Requirements: Landscaping shall be required in accordance with
Section 7.03, Landscaping Regulations. In addition, the following regulations shall
apply:
1. A front set back area shall be devoted to a landscaped buffer. Only drive
crossing that provides ingress and egress will be allowed.
2. The front landscape buffer shall contain trees of 4 inch caliper measured 12"
from the ground and shall be 12 feet in height planted on 30 foot centers. In
addition, shrubs, berms, decorative walls, or a combination thereof, shall be
provided between the trees such that a screen of a minimum of three feet in
height shall screen the parking areas.
The applicant’s site plan lists the type of trees, plants and grass proposed by the
applicant. The landscaping on the north side of the private drive is acceptable to staff.
The landscaping proposed in the rear of the trailer (along Trophy Club Drive) is meant
to give maximum exposure to the “billboard wrap”. Additional landscaping is proposed
in front of the trailer, with a few 4” caliper trees near the parking spaces. The applicant
meets the requirement of a front landscape buffer containing 4” caliper trees and a
minimum three feet in height screening of the parking areas.
Flagpoles, Entrance Signage: The applicant’s request for flagpoles and entrance
signage does not require Town Council approval, but must be properly approved and
permitted by the Permit Department.
Exterior Billboard Design Concept: The applicant is proposing to “wrap” the trailer as an
exterior billboard. Staff recommends denial of this request as Trophy Club sign
regulations allow billboards only along property that abuts State Highway 114. If the
Town Council approves of this concept, the applicant must have the property owner’s
approval as well.
Staff Recommendation: Staff recommends approval of this request:
With an extension from 6 months to 12 months for this use;
Permanent parking must have ClubCorp approval, applicant must obtain proper
permit from Permitting Department, under usual plan review, and parking must
be constructed according to Town regulations;
Permanent landscaping must have ClubCorp approval, landscaping to be subject
to final inspection approval as part of the parking lot final inspection;
Staff recommends denial of the “Billboard Concept” as Town regulations allow billboard
use only along State Highway 114.
Planning and Zoning Recommendation: The Planning and Zoning Commission may
hear this request on Thursday, April 3, 2008. Council packets go out before the
meeting takes place, therefore, on April 7, 2008, Chairman Gene Hill will update the
Council with the Commission’s decision.
(ch)
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Attachments: Application
Proposal
Site Plan
Chapter 13 – Zoning; Article V – Supplementary District Regulations;
Section 5.01 Temporary Uses
Commercial Recreation District Regulations
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 7.03 Landscaping Regulations
Chapter 13 – Zoning; Article VII – Development and Design Standards,
Section 7.04 Off-Street Parking Regulations
Chapter 5 – General Land Use, Article IV – Sign Regulations
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding a Resolution amending
Resolution 2007-21 to appoint one alternate member to serve on ZBA for
the remainder of the unexpired term.
EXPLANATION: David Equitz, Regular member of the Zoning Board of Adjustment,
resigned from that Board effective March 15, 2008, in order to pursue a job opportunity
in the northeastern part of the United States.
RECOMMENDATION: Appointment of an alternate member of the Zoning Board of
Adjustment to fill the regular member position for the remainder of Mr. Equitz’s term,
which expires in 2009. Mr. Barry’s position as an alternate will remain vacant until
August when advertising will take place to fill Board vacancies.
ACTION BY COUNCIL: Approval of Mr. Kevin Barry to fill Mr. Equitz’s term.
(ch)
Attachments:
1. Resignation letter David Equitz
2. Mid-term Vacancy from the Handbook for Elected and Appointed Officials
3. Email for Chairman Downey recommending Kevin Barry for vacancy
4. Kevin Barry application from August 2007 when he was reappointed as
alternate.
5. Resolution
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Mid-Term Vacancy
When a member of a board or commission resigns midterm, the Staff Liaison will obtain
a letter of resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during
the Annual Appointment process, applicants who were not appointed during the annual
appointment process will be considered first.
The Town Secretary will confirm those applicants’ continued interest and then forward
the previously submitted application to the Town Council for review and consideration
for appointment.
In cases where applications did not exceed the number of open seats during the Annual
Appointment process the vacancy will be posted.
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-----Original Message-----
From: Bob & Faira Downey [mailto:bob.downey@sbcglobal.net]
Sent: Thursday, March 20, 2008 3:53 PM
To: Lisa Ramsey; Carolyn Huggins
Subject: Zoning Board of Adjustment
Ladies,
As you know, David Equitz resigned from the Zoning Board of Adjustment effective March 15th. It is my
intention to recommend to the Town Council that they appoint a current alternate, Kevin Barry, to take Mr.
Equitz's seat as a standing member of the Board. Please include this item in the Council's April 7th
agenda.
Thank you,
Robert L. Downey
Chairman, Zoning Board of Adjustment
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226
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2007-21, BY
APPOINTING ONE PERSON TO FILL ONE VACANCY ON THE
ZONING BOARD OF ADJUSTMENT; PROVIDING THAT THE
REMAINDER OF RESOLUTION NO. 2007-21 SHALL CONTINUE IN
FULL FORCE AND EFFECT; APPOINTING ONE (1) CITIZEN TO THE
ZONING BOARD OF ADJUSTMENT FOR THE REMAINDER OF AN
UNEXPIRED TERM EXPIRING IN 2009; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Committees and Boards; and
WHEREAS, since the adoption of Resolution No. 2007-21, one vacancy has
opened on the Zoning Board of Adjustment; and
WHEREAS, the Town Council has reviewed the Mid-Term Vacancy
requirements of the Handbook for Elected and Appointed Officials and recommendation
of the Zoning Board of Adjustment Chair has determined that the appointment of one
alternate member identified herein below is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Section 2 of Resolution No. 2007-21 is hereby amended to
reflect the appointment of the following individual to serve on the Zoning Board of
Adjustment with such term of service ending on October 1 of the year specified below:
Zoning Board of Adjustment
1. Kevin Barry (2009)
Section 2. That all of the other terms an provisions of Resolution No. 2007-21
not in conflict with the terms of this Resolution shall continue in full force and effect.
Section 3. That this Resolution 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 7th day of April 2008.
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___________________________
Nick Sanders, 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: 4-7-2008
Subject: Agenda Item No.D.1
Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.071 (1) "Consultation With
Attorney," in order to seek the advice of its attorney about pending or
contemplated litigation:
A. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08
and Quanah Properties pending appeal of decision regarding lighted signage on
the East Elevation of Value Place Hotel (Section 551.071 (1) and (2))
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action on the appeal of the decision
regarding lighted signage on Value Place Hotel East Elevation.
A. Discuss and take appropriate action relative to Executive Session Item
Number D.1 - Quanah Properties L.P. v. Town of Trophy Club, Cause No.
067 228781 08.
Quanah Properties, LP requests an appeal of the Town Council decision that the east
elevation signage at Value Place Hotel must be removed.
Mr. Selander, Attorney, and Roger Unger and David Johnston, Quanah Properties, LP,
presented an appeal to the Planning and Zoning Commission on March 20, 2008. The
Commission, by a unanimous vote of 7-0, recommended approval of the east elevation
signage:
Planning and Zoning Commission Recommendation: Commissioner Reed made a
motion recommending to the Town Council approval of the east elevation signage of
Value Place Hotel with the sign continuing to operate at all times at no more than 25%
of its maximum capacity. Vice Chairman Stephens seconded the motion.
Commissioner Ashby asked to amend the motion: Quanah must maintain the signage
at the current levels of illumination and provide an engineer certified written timeline of
the current lumens levels and timeframes; these levels and timeframes to become part
of the PD. The motion (Commissioner Reed) and the second (Vice Chairman
Stephens) accepted the amendment.
Chairman Hill called for a vote on the motion and it passed unanimously 7-0.
Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan
Nays: None
Action: 7-0, Approved
Brightness Schedule of Optic LED Signs at Value Place Hotel: Federal Heath Sign
Company, which operates the software that controls the brightness of the Optic LED
signs at Value Place Hotel, submitted the following lumens and timeframes schedule:
7 p.m. to 7 a.m. 25%
7 a.m. to 9 a.m. 40%
9 a.m. to 5 p.m. 80%
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5 p.m. to 7 p.m. 40%
(ch)
Attachments:
• History of Case
• Excerpts from March 20, 2008 Planning & Zoning Commission Meeting Minutes
• Federal Heath Sign Company Certification of Timeframes and Brightness of
Optic LED Value Place Hotel Signage
• January 24, 2008 Letter to Quanah Properties, LP
• February 4, 2008 Letter from Quanah Properties, LP Requesting Appeal
• Excerpt from January 3, 2008 Planning & Zoning Commission Meeting
• Sign Criteria Approved by Town Council on October 2, 2006
• Rear Elevation Sign Revision Approved by Staff on February 26, 2007
• Ordinance No. 2006-39
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VALUE PLACE HOTEL SIGNAGE - HISTORY
On October 2, 2006, the Town Council approved Ordinance 2006-39 which amended
Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25, Trophy
Wood Business Center, by adding Sign Criteria for the Value Place Hotel. The sign
criteria included approval for four signs:
1) A monument sign structure on the south side of the hotel along State Highway 114.
2) A wall sign on the south wall of the hotel, facing State Highway 114, with an Optec
LED Electronic Message Center.
3) A wall sign on the west wall of the hotel.
4) A Wall sign on the east wall of the hotel.
On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested a
revision to the rear elevation signage (east wall). This change was administratively
approved by Staff.
In October 2007, the Town Council requested that the Planning and Zoning
Commission review the east elevation signage and recommend to the Town Council
approval or denial.
On January 3, 2008, the Planning and Zoning Commission reviewed the signage and by
a vote of 4-1 recommended approval to the Town Council.
On January 21, 2008, the Town Council voted to deny approval of the east elevation
signage at Value Place Hotel, 306 Trophy Branch.
On January 24, 2008, a letter was sent to the owner of the hotel, Quanah Properties, LP
requesting removal of the east elevation signage within 15 business days of receipt of
the letter.
On February 4, 2008, a letter was received from Arthur Selander, Attorney, on behalf of
Quanah Properties, LP requesting an appeal of the decision that the sign must be
removed.
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EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES
MARCH 20, 2008
C.1 DISCUSS AND TAKE APPROPRIATE ACTION ON APPEAL OF VALUE
PLACE HOTEL EAST ELEVATION SIGNAGE.
Chairman Hill announced the case and explained that this is an appeal of the Town
Council’s denial of the Value Place Hotel east elevation signage. An appeal shall first
be reconsidered by the Planning and Zoning Commission with an approval or denial
recommendation to the Town Council.
Arthur Selander, Attorney, Quilling–Selander–Cummiskey–Lownds, came forward
representing the interests of Quanah Properties Ltd as it relates to this hotel’s signage
issue.
Mr. Selander stated that he is here merely to assist his clients in evaluating the different
courses of action that they have available to them given the Town Council’s action in
January 2008 as well as the subsequent letter that was sent to them requesting that this
sign be removed in a fairly short period of time or they face the possibility of civil
penalties being assessed against them up to $2,000 per day. They consider this a very
serious situation warranting professional assistance. He stated that he is not here today
to try to be obstructive or divisive. He believes that Quanah Properties truly would like
to get this matter resolved with the Town of Trophy Club in a way that addresses
everyone’s concerns and he stated that they are still, today, ready and willing to try to
attempt that.
One of the first things Mr. Selander was asked to do was evaluate what Quanah could
do. He told them that they had two courses of action:
• under the Town ordinances, to the extent that they construed that the particular letter
in question is a revocation of a previously issued permit, there are appellate rights
and it was his view that they should try to exercise those rights and so that is why
they are here today;
• institute litigation against the Town.
A lawsuit has been filed and is pending in the 67th District Court of the State of Texas
and Mr. Selander stated that he has entered into an agreement with the Town’s
attorney, and has established a good working relationship with her, that the lawsuit can
be held in abeyance as Quanah works through the hearing before the Planning and
Zoning Commission and the subsequent hearing before the Town Council so that
neither the Town nor Quanah need expend unnecessary time and effort in the litigation
process that may very well not be necessary, which is exactly what they are hoping will
be the case.
[Mr. Selander reviewed the history of this signage, those minutes are not included here
as Council members are familiar with the history of this case.]
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Mr. Selander stated that in the original ordinance an internally lit wall sign was
approved, and to the extent that the criticism of the public has been that they don’t want
to see a sign that’s going to shine light out into the night, it doesn’t make much of a
difference whether it is an internally lit wall sign or one that has an optic LED function.
He stated that the east wall LED sign cannot be seen from any home located within the
limits of Trophy Club. As part of the materials that were distributed to the Commission
in connection with this hearing there is an overhead photograph with some line of sight
that shows exactly where you would have to be located to see either the south side LED
sign or the east side LED sign and clearly if you are in a home in Trophy Club you
cannot see it. To the extent that anyone has been led to believe that this shines in
anyone’s home and interrupts their quality of life cannot be substantiated. That is
incorrect.
Mr. Selander stated that the LED signs in and of themselves are not objectionable to the
City of Trophy Club. He stated that the Town ordinance allows them, but only allows
one, not two. In terms of the City’s interest there, Quanah is wondering a little bit about
that because Quanah knows of six sites within the City of Trophy Club that have two
LED signs on the property. He stated that Quanah has photographs of three schools
within the City of Trophy Club that have monument signs with LED displays on both
sides. He stated that they also have photographs of three City signs in Trophy Club that
are monument signs that have LED displays on both sides. He does not believe there
is any variance granted to any school district or the City itself to its own sign ordinance.
If the real issue or objection is the fact that a facility has two LED signs in violation of the
City’s sign ordinance, then why do we not have the same objections leveled at these
other sites? He doesn’t believe that is the real objection. He believes the real objection
has to do with the hotel itself, which is a permitted use under the Town’s Zoning
Ordinance.
Mr. Selander stated that his final point is that Quanah Properties, on its own since this
issue arose, has taken it upon themselves to make some operational modifications to
the east wall sign. They have dimmed it. David Johnson, Quanah Properties, added
that they have dimmed it 70% of its capabilities. He stated that they are down to 25%
capability of where it originally was. Mr. Selander stated that they will agree, on an on-
going basis, to keep it dimmed to that level. They do not want it to be any brighter than
it needs to be to perform its function of notifying people driving along 114 who need a
place to stay that Value Place is there.
Mr. Selander stated that Quanah has also stopped the flashing feature voluntarily with
respect to that sign, so there is no flashing going on at all. The message function has
been programmed so that it changes every 30 seconds. That is what they have done
so far, and Mr. Selander stated that if there are other things that they can do within the
capability of the system they have to make it less intrusive or less objectionable to any
citizen of Trophy Club, they are more than happy to talk about that and try to
accomplish that.
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Mr. Selander concluded by saying that Quanah really does want to work this out. They
do not want to go forward with the lawsuit if they don’t have to. They view it as a last
resort and it is their hope that within a few weeks the matter will be behind them and the
lawsuit will be dismissed and they can go about their business.
Chairman Hill called on the Commissioners for comments and questions. He asked the
Commissioners to recognize and keep in mind that the activities and minutes of this
Commission are recorded and will be available for District Court proceedings if
necessary.
Commissioner Reed stated that he anticipated that the residents of the “Villas” would be
present and his comments were directed toward them, so even though no residents are
present he is going to give his comments for the record:
“One of the complaints by residents of the Villas about this sign was that
the flashing bright colored lights were bothering some people in their
homes. This isn’t realistic since the sign is actually on the southeast side
of the hotel and can’t be seen from homes in the Villa, which are north of
the hotel. In fact, the hotel itself is only partially visible from the Villas
because of two rows of trees between them. There is an identical sign on
the southwest side of the building, but, strangely, there have been no
complaints about it.
A second complaint was that the sign was an embarrassment to the entire
Town of Trophy Club, and that it would cause a decrease in value of
homes in the Villas and would make Trophy Club a less desirable place to
live. Yet, we have developers moving ahead to build more than 1,500
new homes in our town. I don’t believe one sign is going to affect the
desirability of people who want to live in Trophy Club.
There are numerous similar electronic type signs throughout the town,
including three town bulletin boards, one of which is only a few feet from
the entrance to the Villas; at the elementary school, and at the
intermediate school. These signs are also in color and have continuously
changing messages and some are brighter and more colorful than the
hotel signs. The school signs are immediately across the street from
many homes, yet no one has complained about them and I’m not aware of
any concerns about decreasing value of homes in the area.
There have also been comments made about hating the hotel and stating
that the Planning and Zoning Commission and the Town Council should
never have approved it. The hotel met all of the Town’s requirements and
there were no justification or legal reasons to deny approval. Such denial
likely could have resulted in a lawsuit against the Town. The hotel
followed the Town’s procedures and requirements in their request for the
sign and they were not only granted approval, but later were issued a sign
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permit for its installation. Approval was given by a Town employee and
from some reports it was also approved by the Town Manager. If, in
retrospect, this approval was improper, it was the Town’s fault, not the
hotel’s fault, and the hotel should not be punished. If developers find from
this experience that after approval has been given it may later be
rescinded, they are going to have second thoughts about doing business
with Trophy Club and will go elsewhere with their business. They aren’t
going to come in to the Town office two or three times just to double check
to see if their previously approved projects are still on the approval list. In
fact, I understand that as a result of this hassle over the Value Place Hotel
sign, a potential new developer has recently cancelled his plans to build in
Trophy Club.
When the Planning and Zoning Commission and the Town Council
consider any application for a new business or housing development, we
consider what we think is good for all of the residents of the Town, not just
a few.
I strongly supported the Villa residents recently in their objections to a
proposed hotel immediately adjacent to Villa homes. They had reason for
concern. But, I can’t understand any justification for their concern about
the hotel sign and certainly can’t support them at this time.
The hotel has now modified the sign so that the colors are less bright and
the messages don’t seem to change as often. I can see no reason that
the hotel should be not allowed to continue using this sign.”
Vice Chairman Stephens stated that he agrees with Chairman Reed and his
assessment. He stated that he almost feels that a lot of this negativity has to do with
the future development of the commercial property along Highway 114 from a certain
segment of the Town. He has an appreciation of that, but the fact of the matter is that
the Town has commercial property that allows certain businesses to build on that
property and he would hate to see this impact negatively the development of what little
commercial property the Town has. He is concerned about the undercurrent of all of
this and he appreciates Quanah’s efforts that they have taken on their own to show
good faith and lower the lumens and decrease the change factor in their lighting. He
stated that there will be, before P&Z, future applications for hotels on that property and
the groundwork should be laid for that, otherwise there will be a battle royal to do any
future commercial development in the City of Trophy Club.
Commissioner Ashby stated that he concurs with Commissioner Reed’s statements.
The sign, as far as he is concerned, doesn’t bother him a bit. He would like to elaborate
on a couple of issues made by Mr. Selander. He stated that Mr. Selander mentioned
structural mounting of the sign and that Quanah incurred an added expense in order to
put up a heavier sign. Mr. Ashby stated that he didn’t see any reconstruction go on to
beef up the structure. A typical structure of any building will put in a base for mounting
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any sign of any quality. He stated that the base was already there so the structural
expense, to him, is not justified. He stated that this is his opinion on construction. He
does not know specifically what Quanah did or didn’t do. Mr. Ashby also stated that the
sign illumination is awesome. He asked if there is something that can be done to
maintain the current illumination.
David Johnston, Chief Operating Officer and Executive Vice President, Quanah
Properties LP, stated that the changes they have made were directly in response to
some concerns of the City in conversations they had. They want to be a good partner
with the City. They have no intention of having this issue settled and then turning back
up the sign. Mr. Johnston stated that they are here for the long term. This is not a hotel
that they will have for a year or two only. They want to see further development in that
area of Town and in Trophy Club. The sign illumination right now is how the sign is
going to stay. He stated that at the current illumination it is easier to read. Part of the
reason for having the sign up there is for people to be able to read it. It doesn’t make a
lot of sense to turn up the illumination because it then becomes a non-readable sign.
Commissioner Ashby asked if a specific illumination max could be established based on
the design criteria of that sign.
Mr. Johnston stated that they would be willing to talk about that as a possible
agreement.
Commissioner Ashby stated that he is trying to work toward a compromise for
everybody.
Mr. Johnston said that they would be willing to work that out with the City.
Commissioner Forest stated that he has some real issues with this that are different
than what has been brought up. He stated that his issues are with the City on this, in
that the City okayed the permit on this in October and then in February the developer
came to get permission to change the sign from a straight sign to an LED sign and that
was approved. They did what they said they were going to do with the approval from
the City. Mr. Forest stated that at this point it doesn’t make a whole lot of difference
what the ordinance calls for or what’s happening out there or anything else, because
now it comes down to what is right. He stated that what is right is what the City told
them they could do. The developer has done that from what he can see. Mr. Forest
stated that if the City has a problem it is not with the developer but with their own
people. If someone stepped out of line and did something wrong, it is water under the
bridge and shouldn’t be the developer’s problem. Mr. Forest stated that the City’s word
should mean something and at this point it doesn’t look like it does and that is going to
come back to haunt somebody. How will other developers wanting to come in here and
the citizens of Trophy Club themselves know what to believe when they can’t believe
what the City tells them?
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Commissioner Sanchez asked if Quanah measured the intensity of the light that the
sign is projecting. Mr. Johnston stated that a photometrics study of that particular light
was not done, but, “oddly enough, the current illumination is not as bright as the
illumination of the original sign approved by Town Council.” Chairman Hill stated that a
photometrics study was done. Mr. Johnston concurred that a photometrics study of the
whole property was done, but not of individual signs.
Commissioner Sanchez explained that the reason he is asking the question is because
the brightness of the sign seems to be the issue and measures already taken may
accomplish what is appropriate. He stated that if it conforms to the City’s regulations
and it can be proven not to hurt anybody, he doesn’t believe it will be an issue.
Roger Unger, Quanah Properties LP, stated that he lives in Trophy Club and he sees
the sign every night, and not too long after the hotel was up he would come into work
the next morning and tell Mr. Johnston that the sign is too bright to read. He stated that
they called the sign company twice and asked them to turn it down. He stated that at
first it was ugly. It was a big orange outer space eyeball. He explained that the sign is
controlled out of the Mid-Cities area, and when the command to turn down the
brightness was typed into the computer it wasn’t communicating and the sign actually
wasn’t turned down. Some of this goes back to when the sign was first turned on and it
was not very acceptable. They had started making adjustments before this became an
issue and have subsequently made additional adjustments. He stated that when the
sign first went on it probably was objectionable but amendments have been made.
Commissioner Sheridan stated that his first comments are to the Town, and that since
this is a legal matter and we knew that it was going to be presented by an attorney, that
in his standard working practice he does not talk to an attorney without having an
attorney. He would like to know why the Town’s attorney wasn’t here.
Commissioner Sheridan stated that he really does think that the permit was issued in
error. It was wrong to have issued the permit. They had a proper sign. As far as the
PD goes it was lit but the LED portion was not proper. The Town does not have a
proper disclaimer on its permits that when it conflicts with a PD, a code, a regulation, a
rule, that it becomes an invalid permit.
Commissioner Sheridan stated that the Mayor mentioned that the LED came into the
code with the school signs and that the Town didn’t envision the magnitude of the
commercial use of the signs. Commissioner Sheridan agrees with that. He stated that
LED didn’t exist until the school district came in and shoved it down our throat. He
stated that’s his opinion.
Commissioner Sheridan stated that the building, by itself, stands out. There is nothing
around it so until the rest of the community is developed it will stand out whether you
like it or not. He thinks it will blend in when the rest of the neighborhood gets developed
and it will become less of an eyesore to certain people. He stated that as far as he is
concerned Solana is an architectural eyesore.
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Commissioner Sheridan stated that the Town Council should work with Quanah and
accept the adjusted sign usage.
As there were no further comments, Chairman Hill called for a motion.
Commissioner Reed made a motion recommending approval of the signage to the
Town Council. Vice Chairman Stephens seconded the motion. Commissioner Reed
asked that the sign continue at all times to be operated at no more than 25% of its
maximum capability.
Mr. Johnston stated that he would like to have the opportunity to talk to his sign
company and verify the percentage. He stated that right now, during the evening hours,
it is at 25%. During the day it is turned up to about 50%.
Further discussion continued between the Commissioners and Quanah.
Commissioner Ashby stated that Quanah is running at a current level right now that is
reduced by 70% of what it was. He suggested an amendment to Commissioner Reed’s
motion in that the sign be maintained at its current illumination because there hasn’t
been a whole lot of griping about it. He asked that Quanah provide written, certified
documentation from their sign company of the levels and timeframes of the
illuminations.
Mr. Johnston stated that they would be glad to do that, with the understanding that
during the day it is a little bit higher. Commissioner Ashby responded that the issue
would be taken care of by providing written time durations.
Discussion continued between the Commissioners until a consensus of the motion was
reached. The motion is:
Commissioner Reed made a motion recommending to the Town Council approval of the
east elevation signage of Value Place Hotel with the sign continuing to operate at all
times at no more than 25% of its maximum capacity. Vice Chairman Stephens
seconded the motion. Commissioner Ashby asked to amend the motion in that Quanah
must maintain the signage at the current levels of illumination and that Quanah is to
provide an engineer certified written timeline of the current lumens levels and
timeframes; these levels and timeframes to become part of the PD. Commissioner
Reed and Vice Chairman Stephens accepted the amendment.
Commissioner Reed made a motion recommending to the Town Council approval of the
east elevation signage of Value Place Hotel with the sign continuing to operate at all
times at no more than 25% of its maximum capacity. Vice Chairman Stephens
seconded the motion. Commissioner Ashby asked to amend the motion: Quanah must
maintain the signage at the current levels of illumination and provide an engineer
certified written timeline of the current lumens levels and timeframes; these levels and
239
timeframes to become part of the PD. The motion (Commissioner Reed) and the
second (Vice Chairman Stephens) accepted the amendment.
Chairman Hill called for a vote on the motion and it passed unanimously 7-0.
Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan
Nays: None
Action: 7-0, Approved
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EXCERPT FROM JANUARY 3, 2008
PLANNING AND ZONING COMMISSION MEETING
E.1 PUBLIC HEARING TO REVIEW VALUE PLACE HOTEL EAST ELEVATION
SIGNAGE.
Commissioner Reed motioned to open the public hearing. The motion was seconded
by Vice Chairman Stephens and approved by all members present.
Mark Collins, 13 Jamie Ct., thanked the Commissioners for the opportunity to speak to
them and stated that he is glad they are considering the signage that the Value Place
Hotel has. He stated that he moved to Trophy Club about two and a half years ago. He
hired a single person from Ohio, who asked him about buying a home in Trophy Club;
he told her it is a real nice community. She ended up buying a house in Trophy Club
last January and the other day when they were talking about some of the issues going
on with the development plans for the area near Value Place she said that if she had
driven up here and seen Value Place she would not have bought a house in this
community. Mr. Collins stated that the signage they have now looks more like Las
Vegas than what is on the website for the Town, which is a nice residential lake
community. Mr. Collins stated that if there is anything that can be done about this, he
appreciates the Commission’s effort in working in that direction.
There were no others speakers and the Chairman called for a motion to close the public
hearing.
Commissioner Reed made a motion to close the Public Hearing. The motion was
seconded by Vice Chairman Stephens and approved by all members present.
The Chairman moved to Item F.1 for discussion and consideration of this matter.
F.1 DISCUSS AND TAKE APPROPRIATE ACTION ON REVIEW OF VALUE
PLACE HOTEL EAST ELEVATION SIGNAGE.
Chairman Hill stated the following: “Before the Commission further considers the
agenda item before us, I want to provide some basic points of information to guide our
discussion:
• Development of the Value Place Hotel took place under criteria set forth in
Planned Development Ordinance 2006-39, approved by the Town Council
October 2, 2006.
• The property is currently in full compliance with PD 2006-39.
• Copies of the sign criteria that were attached to the original PD Ordinance 2006-
39 were included in the P&Z packet for tonight’s meeting.
• As the Public Hearing agenda item was specific to the Town Council’s request to
review the east elevation signage of the Value Place Hotel, the Commission can
245
consider only this sign at this time. No other parts of PD 2006-39 are to be
discussed in this meeting.
The question is, ‘Should the sign be allowed under the present circumstances.’”
Chairman Hill asked the Commissioners for discussion and comment.
Commissioner Reed: “I don’t understand all the fuss about this. We have electronic
signs for the Town. I don’t see anything wrong with an electronic sign for a business
establishment. The two signs they have face Highway 114. The only people who see
them are the people who go up and down the highway. That is exactly the people that
the hotel is trying to get the word to that they have a place for people to stay on a long
term basis. Value Place is a reputable firm. They have hotels like this all around the
country. They serve a very special purpose for people here for conferences; to visit sick
family members in the hospital; instead of going out and paying $100 a night for a hotel
this is a perfect thing for people in that situation. Maybe some of you like to stay in a
$100 hotel all the time, but some people can’t do that. I see nothing wrong with the sign
whatsoever. I see nothing wrong with the hotel. If it were next to somebody’s house
with a flashing sign that flashed in your bedroom, I could understand it, but nobody any
place in town can see it unless they are out on the highway. I strongly recommend; I
am in favor of leaving it just the way it is. They are in full compliance. All of these
things were approved by the Town and I see no reason that we should change it now.”
Vice Chairman Stephens: “Chairman Hill, I think it is a little late to be discussing this.
They met our Town ordinances and they have a right to put signs up and seek
business. I don’t have a problem with it. That’s commercial property. It is one of the 86
uses allowed on that property. They built it according to our Town codes. They signed
it according to our Town ordinances. I don’t have a problem with it at this point, nor did I
have a problem with it when they made application.”
Commissioner Sheridan: “The sign in question does not meet the ordinance so the idea
that it is in complete compliance with the ordinance I don’t think is quite there, because
this sign in question was not part of the original approved signage for this PD. I’ve been
trying to figure out if I would have approved it back then. I think I would have. I don’t
like to think that [that I would have approved it] because I don’t like the sign, but at the
same time I think that I probably would not have objected to it at the time. The fact is,
though, that the sign is not in compliance with the PD. It is an improper sign.”
Commissioner Forest: “I was under the impression that it was approved; that it is in
compliance with the ordinance. In fact, I wondered why it was even brought up because
if it is in compliance how are we going to turn it down or even object to it anyway. If
they met the Town ordinance on it, to me it is not necessary to even bring it up. There
isn’t anything we can do about it anyway. It is not up to us. It is a recommendation to
start with to the Town Council, but if it is in compliance I can’t see that it makes any
difference. If it isn’t in compliance then that is a different issue.”
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Commissioner Sheridan: “That begs the question, is it or isn’t it in compliance with the
ordinance.”
Chairman Hill: “The sign was installed with a sign permit from the Town which was
issued after February 26, 2007, and they installed the sign on the basis of having a
permit from the Town which, in fact, said that it was in compliance. That is where we
stand.”
Chairman Hill asked for further discussion or a motion.
Commissioner Reed made a motion recommending that the Town Council approve the
signs as they exist now. Vice Chairman Stephens seconded the motion.
Ayes: Hill, Stephens, Reed, Forest
Nays: Sheridan
Action: 4-1, Approved
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.1
Town Manager Emmons to provide an update on the traffic study in the
area of Trophy Wood to 114 and Trophy Wood and Inverness to address
safety concerns, flow of traffic, number of lanes and potential for a
mandatory turn lane, and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from March 3, 2008 Minutes
2. Trophy Wood Survey
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D.8 Discuss and take appropriate action directing staff to undertake a traffic study in the area
of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow
of traffic, number of lanes and potential for a mandatory turn lane.
Town Manager Emmons said a simple traffic survey can be done in-house for less than $2,000. A long-
term study/traffic count would need to be conducted by a traffic engineer, estimated at $5 to -$7,500.00.
Randy Rutledge, 5 Jamie Court – Spoke in favor of study and recommended traffic calming rather than
reduction in speed.
Fred Zubar, 22 Hanna Court - Spoke in favor of study.
Mayor Pro Tem Edstrom is confident in the staff’s ability to perform the study and is not in favor of
spending the funds for and engineer. Edstrom suggested the Council direct the Town Manager
delegate the appropriate staff conduct the traffic study and report back the first meeting in April.
No action taken only direction.
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MEMORANDUM
To: Mayor, Council, and Town Manager Date: March 25, 2008
From: Chief Kniffen Re: Trophy Wood Survey
At the request of Council, a traffic survey was conducted on Trophy Wood Drive. With
the exception of the survey on March 17, all of the surveys were conducted in an
unmarked vehicle by members of the Citizen’s Police Academy Alumni Association.
Their assistance is greatly appreciated.
Trophy Wood Drive is a four-lane divided arterial that connects the west-bound service
road of State Hwy. 114 to Indian Creek and is located in the southeast area of town. It
is one of four entrances to the town. It is approximately 1,895 feet long and is divided
by a median strip. The overall width is 25 feet. It is intersected (from north to south) by
Indian Creek Dr., Pin Oak Ct., Pebble Beach Drive, Inverness Drive, Hannah Court,
Jamie Court, Plaza Dr., and Hwy. 114. There is a four-way stop at the intersection with
Inverness, a three-way stop at the intersection with Indian Creek, and a stop sign at the
south end of Trophy Wood Drive where it meets Hwy. 114. All other intersecting streets
have stop signs except Jamie Court. The speed limit is 30 MPH and it is posted.
The median is reduced in width at Plaza Dr. in order to facilitate a right turn from the
southbound lane of Trophy Wood Drive onto Plaza Dr. The north end of this median is
also narrowed for a turn lane but there is not currently a street onto which one may turn.
I assume it is there in anticipation of a street or driveway into the property at this
location. There are no other designated turn lanes at any of the intersections.
At Hwy 114, the southbound lane retains its two lane configuration. At this intersection,
Hwy. 114 is two lanes, westbound. The northern-most end of the street is entirely
residential. The southern-most end, at Hwy. 114, is zoned commercial.
Four residential driveways intersect Trophy Wood Drive. Homes at 99 Trophy Wood
Drive and 101 Trophy Wood Drive are located on the west side of the street at and just
south of Indian Creek Drive. There do not appear to be significant sight obstructions to
these driveways. The driveways at 329 Inverness Dr. (located on the northwest corner
of the intersection of Trophy Wood Drive and Inverness Dr.) and 334 Inverness Dr.
(located on the southwest corner of the intersection of Trophy Wood Drive and
Inverness Dr.) presented some sight obstructions for both drivers on Trophy Wood
Drive and those exiting the driveways. There is a slight curve and a downward slope in
the roadway, as well as some fencing and landscaping on residential property that
appears to contribute to this sight obstruction.
Drivers coming to a complete stop at the intersection of Trophy Wood Drive and
Inverness Dr. should have slowed sufficiently and/or stopped to permit residents to exit
the driveways safely. This, of course, assumes that these drivers heed the four-way
stop.
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The surveys were conducted at the following times:
March 17, 2008 6:58 AM – 8:30 AM
March 19, 2008 6:42 AM – 8:28 AM (two locations)
March 20, 2008 6:35 AM – 8:25 AM (three locations)
March 20, 2008 11:31 AM – 1:31 PM
March 20, 2008 4:17 PM – 6:33 PM
March 21, 2008 11:10 AM – 12:30 PM.
The locations, times of day and days of the week were varied in order to provide a look
at the traffic situation during morning, mid-day, and evening times at various sites along
Trophy Wood. The results of the surveys are as follow:
March 17 Begin – 6:58 AM End – 8:30 AM
283 vehicles Average of 3.08 vehicles per minute
Top speed – 31 MPH Average speed – 26.24 MPH
Conducted in the 100 block of Trophy Wood in marked unit
March 19 Begin – 6:42 AM End – 7:30 AM
140 vehicles Average of 2.92 vehicles per minute
Top speed – 35 MPH Average speed – 24.71 MPH
Conducted on Trophy Wood at Jamie Ct. in unmarked unit
March 19 Begin – 7:31 AM End – 8:28 AM
192 vehicles Average of 3.37 vehicles per minute
Top speed – 38 MPH Average speed – 30.18 MPH
Conducted on Trophy Wood @ 300’ North of Plaza in unmarked unit
March 20 Begin – 6:35 AM End – 7:30 AM
147 vehicles Average of 2.67 vehicles per minute
Top speed – 32 MPH Average speed – 25.25 MPH
Conducted on Trophy Wood at Jamie Ct. in unmarked unit
March 20 Begin – 7:30 AM End – 8:13 AM
158 vehicles Average of 3.67 vehicles per minute
Top speed – 44 MPH Average speed – 30.91 MPH
Conducted on Trophy Wood at Plaza in unmarked unit
March 20 Begin – 8:13 AM End – 8:25 AM
47 vehicles Average of 3.92 vehicles per minute
Top speed – 35 MPH Average speed – 29.68 MPH
Conducted on Trophy Wood between Plaza and Jamie in unmarked unit
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March 20 Begin – 11:31 AM End – 1:31 PM
527 vehicles Average of 4.39 vehicles per minute
Top speed – 44 MPH Average speed – 29.15 MPH
Conducted on Trophy Wood at Jamie in unmarked unit
During this time frame, 236 vehicles (44.78%) were southbound on Trophy
Wood
March 20 Begin 4:17 PM End – 6:33 PM
848 vehicles Average of 6.24 vehicles per minute
Top speed – 55 MPH Average speed – 28.91 MPH
Conducted on Trophy Wood at Jamie in unmarked unit
During this time frame, 285 vehicles (33.6%) were southbound on Trophy
Wood
March 21 Begin – 11:10 AM End – 12:30 PM
300 vehicles Average of 3.86 vehicles per minute
Top speed – 38 MPH Average speed – 29.26 MPH
Conducted on Trophy Wood @ 300’ North of Plaza in unmarked unit
During this time frame, 231 vehicles (74.76%) were southbound on Trophy
Wood
The officer who conducted the survey in the marked unit advised that a significant
number of the drivers observed, possibly as high as 20%, would have “rolled” the stop
sign if he had not been in a marked unit. Additional data on stop sign violations was
very limited.
From reviewing the data and driving the roadway, my first impression is that dedicated
turn lanes might be in order at the intersection of Trophy Wood Drive and Inverness
Drive. This would alleviate any congestion caused by vehicles attempting to turn onto
Inverness off of Trophy Wood. It would also require reconfiguring the medians at this
intersection.
I feel that narrowing Trophy Wood from two lanes to one north of Hwy. 114 would be
appropriate and would increase safety at that intersection since all drivers would be
required to merge into and turn from the single lane onto Hwy. 114. An acceleration
lane on Hwy. 114 for traffic turning right off of Trophy Wood would be nice but I doubt
that TXDoT would fund one.
Although there were examples of excessive speed observed during the survey, the
overall average speed was at or less than the posted speed limit. However, the traffic
calming lanes on Indian Creek and Trophy Club Drive seem to be effective. They might
be appropriate here as well. They would increase officer safety by giving the officers a
place to stop, run stationary RADAR, and conduct traffic stops.
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The sight obstructions at Trophy Wood Drive and Inverness could be impacted by
alterations on residential properties.
The data sheets are available if Council desires to have a traffic engineer evaluate the
data further.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.2
Discuss and take appropriate action regarding the creation of a
Water/Wastewater study team and the following:
A. Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding
professional services for the evaluation of financial impacts and issues.
B. Consider awarding the engineering, operational analysis, and legal
analysis portions of the Water Study project to Freese and Nichols and
authorize staff to begin contract negotiations.
EXPLANATION:
Staff solicited Request for Qualifications (RFQ) as well as proposed Work Plans from
several engineering and financial firms regarding a water/wastewater study. After a
thorough review, including consultation with the MUD Manager, staff recommends
contracting with Citybase.Net, Lewis F. McLain Jr., to complete the water/wastewater
study financial analysis portion of this study
Mr. McLain is well attuned to the practical aspects of financial analyses for water
utilities. He has extensive experience in municipal finance, and has been involved in
numerous water utility studies throughout the State of Texas. In addition to his
consulting business, Mr. McLain served as the Executive Director of Government
Finance Officers Association of Texas (GFOAT). He was the recipient of the first
GFOAT Ethics Award in 2003 and given the honor of having the award being named,
“The Lewis F. McLain, Jr. Ethics in Leadership Award.” Mr. McLain is regarded as one
of the premier financial minds in Texas.
Additionally, staff recommends awarding the professional engineering services,
operational, and legal analysis potions to Freese and Nichols based on their expertise in
water utilities and engineering. This will enable staff to begin contract negotiations a
later date. Freese and Nichols have agreed to work with Mr. McLain to incorporate his
financial analysis with their evaluation.
RECOMMENDATION:
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Staff recommends approval of the contract with CityBase.Net, Inc in the amount of
$15,000 for services provided in relation to the Trophy Club Utility Study.
Staff also recommends awarding the remaining portions of the project to Freese and
Nichols, and authorization to begin contract negotiations.
ACTION BY COUNCIL:
Attachments: 1. Professional Services Contract with CityBase.Net, Inc. Lewis F. McLain,
2. Transmittal Letter “Dannenbaum”
3. Transmittal Letter “Freese and Nichols, Inc”
4. Transmittal Letter “HALFF”
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STATE OF TEXAS )(
COUNTY OF DENTON )(
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, by and between the TOWN OF TROPHY CLUB, a municipal
corporation located in Denton County, Texas, hereinafter called “Town”, and
CityBase.Net, Inc. Lewis F. McLain, Jr., President, a Texas Corporation, hereinafter
called “Consultant”, evidences the following:
WHEREAS, Town desires the professional services for the evaluation of financial
impacts and issues to consider regarding Town acquiring Trophy Club MUD No. 1,
Trophy Club MUD No. 2 and Trophy Club Master MUD.
• CONSULTANT will provide an analysis of all financial statements, particularly the
balance sheets in order to compute the book value and components of all assets
and liabilities.
• CONSULTANT will review all bond documents and consult the appropriate
Financial Advisors and Bond Attorneys regarding the conditions that must be met
in the case of a consolidation of the MUD entities into the Town’s financial
statements.
• CONSULTANT will review all current tax and utility rate structures and revenue
production from the existing revenue base of the MUD entities and the Town.
• CONSULTANT will review the financial status of all capital projects in progress,
any planned capital projects in the next three years, if known, and any debt
financing authorized and unissued and planned at this time.
• CONSULTANT will work with Town staff to determine the amount of potential
growth expected in the next 3-5 years based on known annexations, plats and
inventory of near-term building permits.
• Based on the information obtained, CONSULTANT will provide a financial plan
that covers the planning period FY 2008 – 2012 to show the combined and
individual MUD entities, with up to three alternatives for a phased-in plan.
WHEREAS, Consultant represents that he is qualified and capable of performing the
professional services proposed herein and is willing to enter into this Contract with
Town to perform said services;
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NOW THEREFORE, the parties in consideration of the terms and conditions contained
herein agree as follows:
1. CONTRACT ADMINISTRATION
This Contract shall be administered on behalf of the Town by the Town Manager
(hereinafter called “Project Director”). It is expected for this contract to be
sufficient to meet all of the initial crucial information needs of the Town. It is also
expected that any additional work beyond the scope outlined in this contract
would be extended only upon a separate submittal and approval.
2. PAYMENT FOR SERVICES
The estimated time involved is expected to vary over the months of April and
May 2008. The cost of this major analysis and deliverable product is as follows:
Evaluation of Financial Factors and Preparation of Plan: $15,000
The billing for this project shall be $7,500 due upon approval of this contract and
$7,500 upon completion of the project, expected to be no later than May 31,
2008. There will be no expenses billed to this project.
3. OWNERSHIP OF DOCUMENTS
All information and other data given to, prepared, or assembled by Consultant
under this Contract, and other related items shall become the sole property of
Town, without restriction on future use. Consultant may make copies of any and
all documents and items for their files. Consultant shall have no liability for
changes made to or use of the documents generated during the term of this
Contract by anyone subsequent to the completion of the Contract.
4. TERM OF CONTRACT
It is expected that the services furnished by the Consultant under this Contract
shall commence no later than April 1, 2008 and end no later than May 31, 2008
for a total of approximately two months.
5. TERMINATION OF CONTRACT
Town may indefinitely suspend further work hereunder or terminate this Contract
or any phase of this Contract upon written notice to the Consultant with the
understanding that immediately upon the receipt of such notice all work and labor
being performed under this Contract shall cease immediately. All data related to
the Contract shall become the property of the Town upon termination of the
contract.
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6. AMENDMENTS
This Contract may be amended or supplemented in any particular only by written
instrument and only as approved by the Town Manager, except for termination
under Section 5, Termination of Contract, which may be accomplished by the
Town Manager or his designated representative as identified in Section 5,
Termination Of Contract.
7. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC.
The Consultant shall comply with all applicable Federal and State Laws, the
Charter and Ordinances of the Town of Trophy Club, and with all applicable rules
and regulations promulgated by all local, state, and national boards, bureaus,
and agencies existing and published before the date of this Contract.
8. RIGHT OF REVIEW
Consultant agrees that Town may review any and all of the work performed by
Consultant under this Contract. Town is hereby granted the right to audit at
Town’s election, all of the Consultant’s records and billings related to the
performance of this Contract.
9. CONFLICT OF INTEREST
No officer or employee shall have any financial interest, direct or indirect, in any
contract with the Town or be financially interested, directly, in the sale to the
Town of any land, materials, supplies, or services, except on behalf of the Town
as an officer or employee. Any violation of this section shall constitute
malfeasance in office, and any officer or employee guilty thereof shall thereby
forfeit his office or position with the Town. Any violation of this section with
knowledge, expressed or implied, of the person or corporation contracting with
the Town shall render the Contract involved voidable by the Town Manager.
10. INDEMNITY
Consultant agrees to defend, indemnify, and hold Town whole and harmless
against claims for damages, costs, and expenses of persons or property that
may arise out of, or be occasioned by, or from any negligent act, error or
omission of Consultant.
This provision shall not be deemed to apply liability for damage that is caused by
or results from the negligence of the Town of Trophy Club or its employees. It
also shall not apply for any challenges brought forth by the MUD entities should
any disagreement with the Town and the MUD entities result in representation of
the CONSULTANT on behalf of the Town to an arbitrator, regulatory body,
federal court, county court or state court.
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11. GOVERNING LAWS
This Contract shall be governed by and construed in accordance with the laws
and decisions of the State of Texas and if legal action is necessary, it shall take
place in Denton County, Texas.
12. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions
thereof; and this Contract shall be considered as if such invalid, illegal, or
unenforceable provision had never been contained in this Contract.
13. CAPTIONS
The captions to the various clauses of this Contract are for informational
purposes only and shall not alter any substance of the terms and conditions of
this Contract.
14. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and, except as
otherwise provided in this Contract, their assigns.
15. ENTIRE AGREEMENT
This Contract (pages 1 thru 4) embodies the complete agreement of the parties
hereto and except as otherwise provided herein, cannot be modified without
written agreement of the parties to be attached to and made a part of this
Contract.
IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate
originals on this date, the day of , 20 .
CONSULTANT TOWN OF TROPHY CLUB
________________________________ ________________________________
Lewis F. McLain, Jr. Town Manager
President, CityBase.Net, Inc.
4906 Morning Glory Way
McKinney, TX 75070-5273
APPROVED AS TO FORM:
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________________________________
Town Attorney
ATTEST _________________________ ATTEST _______________________
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.3
Discuss and take appropriate action awarding the contract for the Timber
Ridge Drive paving and drainage improvements project, and authorizing
the Mayor or his designee to execute necessary contract documents.
Attachments: 1. Bid Tab
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.4
Discuss and take appropriate action regarding a Proclamation for Arbor
Day 2008 including the Arbor Day Event festivities.
EXPLANATION:
Arbor Day will be observed this year on April 26, 2008. A proclamation must be enacted
by Council as it is a requirement for remaining a Tree City. The proclamation will be
read aloud on the day of the event also.
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1.Proclamation
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TOWN OF TROPHY CLUB
PROCLAMATION NO. 2008-
ARBOR DAY
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, TO RECOGNIZE APRIL 26TH, 2008 AS ARBOR DAY; RECOGNIZING THAT
2008 IS THE 136th ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND
PROVIDING AN EFFECTIVE DATE.
Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees, and
Whereas, this holiday, called Arbor Day, was first observed with the planting of
more than a million trees in Nebraska, and
Whereas, 2008 is the 136th anniversary of the holiday and Arbor Day is now
observed throughout the nation and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water,
cut heating and cooling costs, moderate the temperature, clean the air, produce life-
giving oxygen, and provide habitat for wildlife, and
Whereas, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. In the Town of Trophy Club, and the Mayor and Council urge all
citizens to celebrate Arbor Day and to support efforts to protect our trees and
woodlands, and
Section 2. The Mayor and Council urge all citizens to plant trees to gladden the
heart and promote the well-being of this and future generations.
That this Proclamation shall become effective from and after its date of passage
in accordance with law.
__________________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
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ATTEST: [SEAL]
__________________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No. E.5
Discuss and take appropriate action regarding the interlocal agreement
with Denton County for the collection of PID assessments.
EXPLANATION:
Included as backup is an interlocal agreement for the collection of the PID assessments prepared by
Denton County. According to Steve Mossman, Denton County Tax Assessor/Collector, the exact
collection rates have not been established at this time. However, the rate last year was $.73 per parcel
and this year the rate may increase but it will not exceed $.80 per parcel.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Interlocal Agreement
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INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION
THIS AGREEMENT is made and entered into this _____________________ day
of ____________________ 2008, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY," and THE
TOWN OF TROPHY CLUB, TEXAS, , Denton County, Texas, also a political
subdivision of the State of Texas, hereinafter referred to as "TOWN."
WHEREAS, COUNTY and TOWN mutually desire to be subject to the provisions
of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and
V.T.C.A., Tax Code, Section 6.24; and
WHEREAS, TOWN has the authority to contract with the COUNTY for the
COUNTY to act as tax assessor and collector for TOWN and COUNTY has the
authority to so act;
NOW THEREFORE, COUNTY and TOWN, for and in consideration of the mutual
promises, covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2008. The
term of this Agreement shall be for a period of one year, from October 1, 2008, to and
through September 30, 2009. This Agreement shall be automatically renewed for an
additional one (1) year term at the discretion of the COUNTY and TOWN, unless written
notice of termination is provided by the terminating party to the other party prior to one
hundred-fifty (150) days of the expiration date of the initial term of the Agreement.
II.
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For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for TOWN to the
maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for TOWN for assessment collection for tax year 2008,
and each tax year for the duration of this Agreement. COUNTY agrees to perform all
necessary assessment collecting duties for TOWN and TOWN does hereby expressly
authorize COUNTY to do and perform all acts necessary and proper to assess and
collect taxes for TOWN. COUNTY agrees to collect base taxes, penalties, interest, and
attorney's fees.
2. COUNTY agrees to prepare and mail all tax statements; provide monthly
collection reports to TOWN; prepare tax certificates; develop and maintain both current
and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas Tax
Code; and to develop and maintain such other records and forms as are necessary or
required by State law, rules, or regulations.
3. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to TOWN, and to promptly furnish written reports to
keep TOWN informed of all financial information affecting it.
4. TOWN agrees to promptly deliver to COUNTY all records that it has
accumulated and developed in the collection of assessments, and to cooperate in
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furnishing or locating any other information and records needed by COUNTY to perform
its duties under the terms and conditions of this Agreement.
5. COUNTY agrees to allow an audit of the assessment collection records of
TOWN in COUNTY’S possession during normal working hours with at least 48 hours
advance, written notice to COUNTY. The expense of any and all such audits shall be
paid by TOWN. A copy of any and all such audits shall be furnished to COUNTY.
6. If required by TOWN, COUNTY agrees to obtain a surety bond for the
County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the Tax Assessor/Collector’s lawful duties, will be made payable to
TOWN and in an amount determined by the governing body of TOWN. The premium
for any such bond shall be borne solely by TOWN.
7. COUNTY agrees that it will place quarter-page advertisements in
newspapers serving Denton County in January, 2009, as a reminder that delinquent
penalties will apply to all assessments which are not paid by January 31, 2009. The
advertisements will be printed two times in each paper between January 5th and
January 25th.
8. COUNTY agrees that it will post to a secure website collection reports for
TOWN listing current assessments, delinquent assessments, and penalties and interest
on a daily basis between October 1, 2008 and March 31, 2008 and on a weekly basis
between April 1, 2008 and September 30, 2008; provide monthly Maintenance and
Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter
referred to as “IS”) collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
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9. TOWN retains its right to select its own delinquent assessment collection
attorney and COUNTY agrees to reasonably cooperate with the attorney selected by
TOWN in the collection of delinquent taxes and related activities.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with TOWN.
The County Tax Assessor/Collector, and/or his/her designee, shall ensure the
performance of all duties and obligations of COUNTY; shall devote sufficient time and
attention to the execution of said duties on behalf of COUNTY in full compliance with
the terms and conditions of this Agreement; and shall provide immediate and direct
supervision of the County Tax Office employees, agents, contractors, subcontractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and TOWN.
IV.
It is understood and agreed between COUNTY and TOWN that the TOWN, in
performing its obligations hereunder, is acting independently, and the COUNTY
assumes no responsibility or liabilities in connection therewith to third parties. It is
further understood and agreed between COUNTY and TOWN that the COUNTY, in
performing its obligations hereunder, is acting independently, and the TOWN assumes
no responsibilities in connection therewith to third parties. Nothing in this AGREEMENT
is intended to benefit any third party beneficiary.
TOWN agrees that it will protect, defend, indemnify, and hold harmless COUNTY
and all of its officers, agents, and employees from and against all claims, demands,
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causes of action, damages, judgments, losses and expenses, including attorney’s fees,
of whatsoever nature, character, or description that any person or entity has or may
have arising from or on account of any injuries or damages received or sustained by
person, persons, or property, on account of or arising out of, or in connection with the
performance of the services, including without limiting the generality of the foregoing,
any negligent act or omission of the TOWN or any employee, officer, agent,
subcontractor, servant, invitee, or assignee of the TOWN in the execution or
performance of this AGREEMENT. This provision shall survive the termination of this
AGREEMENT.
V.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to assessment service of all COUNTY employees and agents, sub-contractors
and /or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
VI.
TOWN accepts responsibility for the acts, negligence, and/or omissions of all
TOWN employees and agents, sub-contractors and/or contract laborers, and for those
of all other persons doing work under a contract or agreement with TOWN to the extent
allowed by law.
VII.
TOWN understands and agrees that TOWN, its employees, servants, agents,
and representatives shall at no time represent themselves to be employees, servants,
agents, and/or representatives of COUNTY. COUNTY understands and agrees that
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COUNTY, its employees, servants, agents, and representatives shall at no time
represent themselves to be employees, servants, agents, and/or representatives of
TOWN.
VIII.
For the services rendered during the 2008-2009 tax year, TOWN agrees to pay
COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as
follows:
1. The current tax statements will be mailed on or about October 20th or as
soon thereafter as practical. The fee for this service will be a rate not to exceed Eighty
Cents ($.80) per statement, but a minimum fee per year for the October mailing will be
$500.00. If TOWN does not provide the assessment roll on or before September 29,
2008 COUNTY will charge a $5,000.00 late processing fee, plus the per statement fee
not to exceed Eighty Cents ($.80) each. The assessment roll is to be in the form of a
flat ASCII file and delivered to both the Tax Assessor/Collector and to the Tax
Assessor/Collector’s software provider, delivery may be by CD, or FTP.
2. All assessments become due on receipt of the tax statement each year.
3. All unpaid assessments become delinquent on February 1st of the year
following the tax year. Penalty and interest fees accrue at the same rate and time
schedule as the same year’s ad valorem property tax. (Tax Code, Section 31.02(a),
and 33.01(a))
4. Delinquent assessment collection attorneys become involved at the same
times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections
6.30, 33.07, 33.08, 33.11, and 33.48)
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5. An additional notice will be sent during the month of March following the
initial mailing provided that TOWN has requested such a notice on or before February
28th. The fee for this service will be a rate not to exceed Eighty Cents ($.80) per
statement.
6. At least 30 days, but no more than 60 days, prior to April 1st, and following
the initial mailing, a delinquent assessment statement meeting the requirements of
Section 33.11 of the Texas Property Tax Code will be mailed. The fee for this service
will be a rate not to exceed Eighty Cents ($.80) per delinquent statement.
7. At least 30 days, but no more than 60 days, prior to July 1st, and following
the initial mailing, a delinquent assessment statement meeting the requirements of
Section 33.07 of the Texas Property Tax Code will be mailed. The fee for this service
will be a rate not to exceed Eighty Cents ($.80) per delinquent statement.
8. In event of a successful challenge to the assessments taking place after
tax bills for TOWN have been mailed, TOWN agrees to pay COUNTY a programming
charge of $5,000.00. Additionally, a processing fee for preparing and mailing will be a
rate not to exceed Eighty Cents ($.80) per corrected statement, to comply with Property
Tax Code Section 26.07 (f), will be charged. When a refund is required per Property
Tax Code Section 26.07 (g), a $.25 processing fee per check will be charged, in
addition to the corrected statement mailing costs. If issuance of refunds is required, it
will be the responsibility of the COUNTY. TOWN will be billed for the refunds, first-class
postage and the processing fees.
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9. TOWN understands and agrees that COUNTY will bill TOWN following
each mailing for which charges are permitted. Payment is due upon receipt of the
statement.
10. TOWN further understands and agrees that COUNTY (at its sole
discretion) may increase or decrease the amounts charged to TOWN for any renewal
year of this Agreement, provided that COUNTY gives written notice to TOWN sixty (60)
days prior to the expiration date of the initial term of the Agreement.
IX.
COUNTY agrees to remit all taxes, penalties, and interest collected on TOWN's
behalf and to deposit such funds into the TOWN’s depositories, as designated:
1. For deposits of assessments, penalties, and interest, payment shall be by
wire transfer or by check sent by mail to TOWN's accounts only, and segregated into
the appropriate MO and IS accounts.
2. If TOWN uses the same depository as COUNTY, the deposits of
assessments, penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees that
from October 1, 2008 through March 31, 2009, deposits will be made daily and from
April 1, 2009, through September 30, 2009, deposits will be made weekly. For end of
month reporting, there will be a deposit made at the end of each month. It is expressly
understood, however, that this obligation of COUNTY shall not survive termination of
this Agreement, whether by termination by either party or by failure of the parties to
renew this Agreement.
X.
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In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in
which notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
XI.
This Agreement represents the entire agreement between TOWN and COUNTY
and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by
the governing bodies of both TOWN and COUNTY or those authorized to sign on behalf
of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be
delivered or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
TOWN:
TOWN OF TROPHY CLUB, TEXAS
100 Trophy Club Drive
The Trophy Club, Texas 76262
Telephone: 682-831-4600
Contact: Lisa Ramsey
XIII.
TOWN hereby designates _____________________ to act on behalf of TOWN,
and to serve as Liaison for TOWN to ensure the performance of all duties and
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obligations of TOWN as stated in this Agreement. TOWN’s designee shall devote
sufficient time and attention to the execution of said duties on behalf of TOWN in full
compliance with the terms and conditions of this Agreement; shall provide immediate
and direct supervision of the TOWN employees, agents, contractors, subcontractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of TOWN and COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
Executed in duplicate originals this, ______________day of
__________________ 2008.
COUNTY TOWN
BY:___________________________ BY:__________________________
Honorable Mary Horn Nick Sanders
Denton County Texas
110 West Hickory
Denton, Texas 76201
Town of Trophy Club, Texas100
Trophy Club Drive
The Trophy Club, Texas 76262
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Denton County Judge Mayor, Town of Trophy Club
ATTEST: ATTEST:
BY:____________________________ BY:__________________________
Cynthia Mitchell Lisa Ramsey
Denton County Clerk Town Secretary
APPROVED FORM AND CONTENT: APPROVED AS TO FORM:
_______________________________ ______________________________
Steve Mossman Kim Gilles
Denton County Denton County
Tax Assessor/Collector Assistant District Attorney
APPROVED AS TO FORM:
_______________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.6
Discuss and receive input regarding an Ordinance amending Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy
Club, Article IV entitled "Peddlers and Solicitations."
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Article IV entitled "Peddlers and Solicitations."
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Article IV
Peddlers and Solicitors
Section 4.01 Definitions
In this Code:
Actively Supervised: Means a supervisor shall be within one hundred feet (100’) of all children ten (10)
years of age or less for whom the supervisor is responsible at all times when said children are engaged in
soliciting.
Agent: Means any person contracting with the holder of a permit, secured pursuant to the terms of this
Article to advertise, distribute or sell products under said permit.
Charitable Solicitations Campaign: Means any course of conduct whereby any person, organization,
society, association, corporation or any agent, member or representative thereof shall solicit property or
financial assistance of any kind, or sell or offer to sell any article, tag, service, emblem, publication, ticket,
advertisement, subscription or anything of value on the plea or advertisement, subscription or anything of
value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a
charitable, educational, patriotic or philanthropic purpose.
Goods or Merchandise: Means and shall be construed to mean any personal property of any nature
whatsoever except printed material.
Itinerant Vendor: Means a person who engages in a business of selling goods or services from any
structure or vehicle which is not affixed to the ground, or from no structure or vehicle.
Mobile Food Unit: Means a vehicle from which food is distributed or served to an ultimate customer.
Person: Means an individual, corporation, association, church, organization, society or any other legal
entity.
Public Property: Means any property open or devoted to public use or owned by the Town, including,
but not limited to, sidewalks, streets, parkways, medians, right-of-way easements and parks.
Religious Solicitation and Solicitations For a Religious Purpose: Means and include any course of
conduct whereby any person, organization, society, association or corporation, or any agent, member or
representative thereof, solicits property or financial assistance of any kind or sells or offers for sale any
article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the
plea or presentation that such sale or solicitation or the proceeds thereform are for a religious purpose, on
the streets, in any office building or any other public or private place, or by house-to-house canvassing.
Shoulder: Means the unpaved section of highway, road, or street in Trophy Club which is located in the
public right-of-way and abuts the paved section of the highway, road or street and extends to the outside
boundaries of the right-of-way.
Solicit: Means selling or attempting to sell goods or merchandise, services or anything of value, or to
take or attempt to take orders for the future delivery of goods or merchandise, or anything of value, or
take or attempt to take orders for services to be furnished or performed in the future when the solicitation
occurs upon the premises of another or upon any public property.
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Solicitation: Means the practice, act or instance of soliciting.
Solicitor: Means all persons, as well as their agents and employees, who solicit.
Vehicle: Means every devise in, upon, or by which a person or property may be transported or drawn
upon a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and
vans.
Ord. No. 86-12, § II, 4-14-86 Repealed by Ord. No. 92-22, § II, 12-15-92
Section 4.02 Commercial Solicitation
A. Permit Required
It shall be unlawful for a person to solicit in person in the town without first
having a written permit therefore.
B. Affirmative Defenses to Permit Requirement
The following shall be affirmative defenses to prosecution under Section
4.02(B) of this Code.
1. That the solicitation is for a charitable, educational, patriotic or
philanthropic or religious purpose.
2. That the solicitor is on the property by express invitation of the person
residing on or controlling such premises.
3. That the solicitor is a wholesale agent or factory representative who sells
or exhibits for sale goods, wares or merchandise and was soliciting a
person or persons engaged in the business of buying, selling and
dealing in the same type of goods or merchandise.
4. That the solicitor was operating under a license granted by a state
agency or the Town of Trophy Club authorizing the sale of property or
services which the solicitor wishes to sell in the Town of Trophy Club.
5. That the person was soliciting newspaper sales or sales of other printed
matter.
6. That the solicitation takes place upon the premises owned, leased or
controlled by the solicitor or by his empower.
C. Application For Permit
1. Any person and any agent of any person desiring to solicit within the
Town shall file a written application for a permit to do so with the Town
Secretary, which application shall show:
a. The name and address of the applicant; if the applicant is an
association, company or corporation, then it shall state its name
along with the names of the persons who will be soliciting in the
Town;
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b. The name and address of the employer or firm which such
applicant represents;
c. If the applicant is a corporation, or if the individual is employed by a
corporation, the date and place of incorporation;
d. The names of other communities in which the applicant has
worked as a solicitor in the past twelve (12) months; and if he was
employed by a different company in the other communities; the
names of those companies shall also be stated;
e. The nature of merchandise to be sold or offered for sale or the
nature of the services to be furnished;
f. Whether such applicant upon such order so obtained will demand,
accept or receive payment or deposit of money in advance of final
delivery;
g. The period of time such applicant so wishes to solicit, sell or take
orders in the Town;
h. An outline of the method or methods to be used in conducting the
solicitations;
i. A physical description of the applicant which includes race, sex,
height, weight, hair and eye color, date of birth, driver's license
number and the name of the state issuing the driver's licenses; and
j. Whether the applicant or any agent of the applicant has been
convicted within the last five (5) years of murder, burglary, theft,
fraud, robbery, rape, or any drug-related felony.
2. Such application shall also show satisfactory proof of the applicant's
authority to represent the company or individual such applicant states
that he represents, and it shall be in writing.
3. This application shall be accompanied by a Ten Dollar ($25.00) fee and
no permit hereunder shall be issued until such fee has been paid by the
applicant.
4. A permit requested under this Section shall be issued for the length of
time requested, not to exceed twelve (12) months. Upon expiration of
one permit, the solicitor may apply for a new permit in the same manner
prescribed by this section for a new permit.
5. The Town Secretary shall refer the application to the police department
for the purpose of determining whether or not the applicant or any of the
applicant's agents have been convicted within the last five (5) years of
murder, burglary, fraud, theft, robbery, rape or any drug-related felony.
D. Issuance of Permits; Bond Required
1. Where the applicant for a permit to solicit within the Town shows that the
applicant will not demand, receive or accept payment and/or deposit of
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money in advance of final delivery of such goods, merchandise or
services to be sold and/or solicited by such applicant, it shall be the duty
of the Town Secretary to issue to such applicant a permit to solicit, sell
and take orders for such goods, merchandise, and/or services set out in
such applicant's application within five (5) working days (Monday
through and including Friday) of the completion of the application and
upon the payment of the Ten dollar ($10.00) fee unless it has been
determined that the application contains false information or the person
has been convicted within the last five (5) years of murder, theft, fraud,
burglary, robbery, rape or a drug-related felony.
2. If the application for such permit shows that such application shall
receive, demand or accept payment and/or deposit of money in advance
of final delivery of goods, merchandise, services or anything of value
sold, then such application shall be accompanied by a bond in the penal
sum of One Thousand Dollars ($1,000.00) for an individual permit
executed by such applicant as principal and a surety company licensed
to do business as such in Texas. Such bond is to be conditioned upon
making final delivery of such goods, merchandise, services, or anything
of value in accordance with the terms of such order and/or orders
obtained and which bond shall be used for the benefit of all persons,
firms or corporations who may pay in advance or make any advance
deposit on the purchase of said orders and said bond shall stipulate in
its terms.
3. If the application contains false information or the person has been
convicted within the last five (5) years of murder, theft, fraud, burglary,
robbery, rape or drug-related felony, the Town Secretary shall not issue
the permit.
E. Permit Card
1. Along with every individual permit issued under the provisions of this
Article, the permittee shall be issued a card which shall be wallet size
and contain the following information. Name of permittee, permit
number, date of expiration of permit and the signature of the Town
Secretary. Such card shall be stamped with the seal of the office of
town Secretary on the face thereof.
2. It shall be unlawful for any person soliciting in the Town without having
the required permit card on his person.
3. It shall be unlawful for any person soliciting to fail or refuse to show or
display such permit card upon the request of any person demanding the
same.
F. Appeal From Denial or Revocation of Permit
Should an applicant be denied a permit, or have a permit revoked, he may
appeal that action to the Town Council by submitting a letter to the Town
Secretary's office within ten (10) days of the action complained of. A hearing
on the denial will then be scheduled for the next regular meeting of the
Council. The Council will render a decision on the appeal within ten (10) days
of said hearing.
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G. Prohibited Conduct
It shall be unlawful for a person engaged in solicitation to:
1. Misrepresent the purpose of the solicitation;
2. Misrepresent the affiliation of those engaged in the solicitation;
3. Continue efforts to solicit from an individual once that individual informs
the solicitor that he does not wish to give anything to or buy anything
from that solicitor;
4. Represent the issuance of any permit or registration under this Article as
an endorsement or recommendation of the solicitation;
5. Go on property upon which the owner of the property or the person
controlling the property has posted signs prohibited solicitation; or
6. Remain on property after the owner of the property or person controlling
the property has instructed the solicitor to leave.
H. Sale of Fresh or Frozen Meats and Seafood Prohibited on Public
Property.
It shall be unlawful for any person to peddle, solicit, sell, offer for
sale or exhibit for sale fresh or frozen meats or frozen seafood upon any
public property within the Town.
I. Sale of Fresh or Frozen Meats or Seafood by Itinerant Vendors
Prohibited.
1. It shall be unlawful for any itinerant vendor to peddle, solicit, sell, offer
for sale or exhibit for sale fresh or frozen meats or seafood within the
limits of the Town of Trophy Club.
2. It shall be an affirmative defense to Section 4.02(H) if the solicitor is a
wholesale agent, factory representative or other person who sells or
exhibits for sale fresh or frozen meats or seafood and was soliciting
persons engaged in the business of buying and selling fresh or frozen
meats and said solicitation does not occur on public property.
J. Unlawful to Solicit Occupants of Vehicles on Paved Surface or
Shoulder of Public Streets.
1. It shall be unlawful for any person to solicit the occupant of any vehicle
located upon the paved surface or shoulder of any public street, highway
or road within the Town.
2. It shall be an affirmative defense to prosecution under Section 4.02(I)(1).
if the solicitation was for the sale of newspapers or publications or other
printed material which deal with the dissemination of information or
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opinion; however, this defense is not available if said solicitation
occurred upon the paved surface or shoulder of those major
thoroughfares listed in Section 4.02(M).
K. Unlawful to Solicit or to Erect Structures on Public Property.
1. It shall be unlawful for any person to occupy any public property in the
Town, including but not limited to public right-of-way, public street
median or public sidewalk, for the purpose of soliciting.
2. It is an affirmative defense to prosecution under this Section if a person
engaged in soliciting:
a. Possesses a contract with the town to operate a concession on
designated areas of public property; or
b. Possesses a vendor's permit for prepared frozen dairy food
products or frozen desserts to be sold from a mobile food unit on
the streets and which unit remains in the same place no more than
five (5) minutes and then moves on to a new location after each
sale; however, this defense is not applicable to the sale of
prepared frozen dairy food products and frozen deserts to be sold
from a mobile food unit or otherwise upon the major thoroughfares
listed in Section 1.02(M); or
c. Is selling, distributing or offering for sale only printed matter on
streets, sidewalks or rights-of-way other than those major
thoroughfares listed in Section 4.02(M); or
d. Is operating a vehicle for hire pursuant to a franchise, license, or
permit of the Town of Trophy Club or State of Texas; or
e. Has been granted permission by agreement approved by the Town
Council.
3. It shall be unlawful for any person to erect, construct, build, place or
maintain any booth, stand or other structure, or vehicle, either
permanent or temporary upon any public property, including, but not
limited to, public right-of-way, public street, median, or public sidewalk
with the intent of soliciting from such structure or vehicle. It shall be an
affirmative defense to prosecution under this Section if:
a. The coin-operated newspaper vending machine is located upon
public sidewalks and does not create a hazard to pedestrians or
vehicular traffic; or
b. The person possesses a contract with the Town to operate a
concession on designated areas of public property; or
c. The person has been authorized to do so at a special event by the
Town Council; or
d. The person possesses a vendor's permit for prepared frozen dairy
food products or frozen desserts to be sold from a mobile food unit
on the streets and which unit remains in the same place no more
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than five (5) minutes and then moves on to a new location after
each sale; however, this defense is not applicable to the sale of
prepared frozen dairy food products or frozen desserts to be sold
from a mobile food unit or otherwise upon those major
thoroughfares listed in Section 4.02(M).
L. Newspaper and Publication Sales
It shall be unlawful for any person to sell or offer for sale or to
give newspapers or publications to any occupant of any vehicle which is
located in a traffic lane or shoulder of any of the major thoroughfares set
forth in Section 4.02(M).
M. Major Thoroughfares
The rights-of-way, highways, roads and streets and the
intersections where other rights-of-way, highways, roads and streets
intersect the rights of way, highways, roads and streets enumerated in
the Town’s Comprehensive Land Use Plan are declared to be major
thoroughfares within the limits of the Town of Trophy Club for purposes
of this Section.
(Ord. No. 86-12, § III, 4-14-86 Repealed by Ord. No. 92-22, § III, 12-15-92)
Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11
Section 4.03 Charitable Solicitations
A. Permit Required; Exceptions
1. It shall be unlawful to conduct any charitable solicitation campaign in any office building, or
any public or private place or by house-to-house canvass, unless the person, organization,
society, association or corporation conducting same and responsible therefore shall first have
obtained a permit in compliance with the terms of this Section.
2. Affirmative Defenses
The permit requirement of this section shall not apply to:
a. Any organization which solicits funds solely from its own members or from its own
assemblies; not using public streets or public places for such purposes;
b. Any public or private school located in Trophy Club which controls the solicitation of
funds by parent-teacher association organizations and the solicitation of funds by other
activity groups which may be sponsored by the public school or by an association or
club whose primary purpose is to sponsor certain student and parent activities for the
benefit of such association, club or activity;
c. Any solicitation for the benefit of an individual or family that has suffered a personal
tragedy resulting from personal injury, illness or the loss of housing; and
d. Any solicitations campaign conducted through the use of television or radio as to those
activities directly related to the use of television or radio.
B. Same -- Application; Information to be Contained
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1. A permit to conduct a charitable solicitations campaign on the streets or in any public place or
by house-to-house canvass in the Town shall be granted upon application of such permit filed
in duplicate with the Town Secretary's office not less than five (5) working days (Monday
through and including Friday) prior to the initiation of the proposed charitable solicitations
campaign. If the application is mailed to the Town Secretary's office, it must be received five
(5) working days (Monday through and including Friday) prior to initiation of the proposed
campaign. Such application shall be sworn to by the applicant and shall contain at least the
following information.
a. The full name of the organization applying for a permit to solicit and the address of the
headquarters in the Town; if the organization is a chapter or other affiliate of an
organization having its principal office outside the Town; the name and address of the
parent organization.
b. The names and addresses of all officers and directors or trustees of the organization
and the name and city of residence of all officers, directors or trustees of the parent
organization, if any.
c. The purpose or purposes for which the gross receipts derived from such solicitations or
other activities are to be used.
d. The name of the person or persons by whom the receipts of such solicitation shall be
disbursed; if the receipts are transmitted to a parent organization for further
disbursement, detailed information on the methods of handling and disbursement of all
funds and a detailed and complete financial statement of the parent organization for the
last preceding fiscal year.
e. The name and address of the person or persons who will be in charge of conducting the
charitable solicitations campaign and the names of the persons who shall actually solicit
contributions.
f. A physical description of the applicant which includes race, sex, height, weight, hair and
eye color, date of birth, driver's license number and the name of the state issuing the
driver's license.
g. Whether the applicant or any agent of the applicant has been convicted within the last
five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony.
h. An outline of the method or methods to be used in conducting the charitable solicitations
campaign.
i. The period within which such charitable solicitations campaign shall be conducted,
including the proposed dates for the beginning and ending of such campaign.
j. The total amount of funds proposed to be raised.
k. The amount of all salaries, wages, fees, commissions, expenses and costs to be
expended or paid to anyone in connection with such campaign, together with the
manner in which such wages, fees, commissions, expenses and costs are to be
expended, and the maximum percentage funds collected which are to be used to pay
such expenses of solicitation and collection.
l. A full statement of the character and extent of the charitable, educational, patriotic or
philanthropic work done by the applicant within the Town during the last preceding year.
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m. If the applicant is a charitable corporation or other organization to which contributions
are tax deductible for federal income tax purposes.
2. A fee of ten dollars ($10.00) must be submitted with the application unless the applicant can
prove indigency or inability to pay, in which case arrangements may be made to pay the
requisite fee in installations.
3. The Town Secretary shall refer the application to the police department for the purpose of
determining whether or not the applicant or any of the applicant's agents have been convicted
within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related
felony.'
C. Issuance of Permit
Upon receipt of a proper application, the Town Secretary shall issue a permit unless she determines
that:
1. One or more of the statements made in the application are not true;
2. The applicant or person in charge of the charitable solicitations campaign has made or caused
to be made false statements or misrepresentations to any member of the public with regard to
the charitable solicitations campaign or other activities described in the permit, or has made or
caused to be made false statements or misrepresentations in the application, or has in any
way publicly represented that the permit granted hereunder is an endorsement or
recommendation of the cause for which the charitable solicitations campaign is being
conducted or has otherwise violated any of the terms of the permit or this Article; or
3. The applicant or person or persons who are actually to solicit contributions have been
convicted of murder, burglary, fraud, robbery, theft, rape or a drug-related felony within the last
five years preceding the filing of the application.
D. Duration of Permit
A permit issued under this Section shall be for a one-year period. At the end of that time, the
applicant may apply for an extension of the permit on a form supplied to him by the Town
Secretary's office. This form may require the submission of the same information that was required
in the original application, or only portions of that information.
E. Appeal From Permit Denial or Revocation
Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the
Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action
complained of. A hearing on the denial will then be scheduled for the next regular meeting of the
Council. The Council will render a decision on the appeal within ten (10) days of the hearing.
F. Agents and Solicitors for Permit Holders
All persons to whom permits have been issued under this Section shall furnish proper credentials to
their agents and solicitors for such charitable solicitations campaign. Such credentials shall include
the name of the permit holder, the date a statement describing the holder's charitable, educational,
patriotic or philanthropic activity, a description of the purpose of the solicitation, the signature of the
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permit holder or of the holder's chief executive officer and the name, address, age, sex and
signature of the solicitor to whom such credentials are issued and the specific period of time during
which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under
any permit granted under this Article without the permit in his possession. The credentials and
facsimile copy of the permit shall be show, upon request, to all persons solicited and to any police
officer of the Town.
G. Responsibility for Acts of Solicitors
The recipient of a permit for a charitable solicitations campaign shall be responsible for the acts of
his authorized representatives in connection with such campaign.
H. Certain Methods of Solicitation Prohibited
The following methods of solicitation are and shall be prohibited within the Town
1. It shall be unlawful for any person to solicit charitable contributions in the right-of-way or upon
the paved portion or the median of any major thoroughfare listed in Section 4.02(M).
2. It shall be unlawful for any person to stop or attempt to stop any vehicle which is located upon
the paved surface or shoulder of any public road, street or highway for the purpose of
soliciting a charitable contribution.
3. It shall be unlawful for any person to obstruct a public sidewalk while soliciting for a charitable
contribution.
(Ord. No. 86-12, § IV, 4-14-86 Repealed by Ord. No. 92-22, § IV, 12-15-92)
Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11
Section 4.04 Religious Solicitations
A. Registration Requirement
1. It shall be unlawful to conduct any religious solicitations in any office building or any public or
private place, or by house-to-house canvass unless the person and religious organization
conducting religious solicitations shall first have registered with the office of Town Secretary in
compliance with this Section.
2. It shall be affirmative defense to prosecution under this Section if a person, organization,
society, association or corporation conducting a religious solicitation obtains a charitable
permit in compliance with Section 4.03 of this Code or a commercial permit in compliance with
Section 4.02 of this Code.
B. Form of Registration
1. A religious solicitor required to register hereunder shall first register in person with the Town
Secretary's office giving the following information:
a. Name of registrant and his permanent address;
b. Name of the person, organization, society, association or corporation the registrant
represents and the telephone number and address of its principal office;
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c. Duration and location of the proposed solicitation;
d. Method or methods to be used in conducting the solicitations; and
e. Approximate number of participants
2. Registration expires after one year and must be renewed annually. If a change occurs in any
of the information submitted with the registration, the registrant or organization shall notify the
Town Secretary's office of the change as soon as possible.
C. Registration Card
1. Any person who solicits for a religious purpose and is required to register under this Section,
or though not required to register is soliciting or a religious purpose by house to house
canvass, on the streets, or sidewalks or other public passageway, or in any other public place
open to the general public, shall carry a registration card issued by the Town while engaged in
that religious solicitation.
2. The registration card required by subsection (1) above must:
a. Be furnished by the applicant in a form approved by the Town Secretary;
b. Identify the name of the person, organization, society, association, or corporation
represented as registered with the Town Secretary; and
c. Contain the statement "Religious Solicitations" or "Religious Solicitor."
D. Certain Methods of Solicitations Prohibited
The following methods of religious solicitation are and shall be prohibited within the Town:
1. It shall be unlawful for any person to solicit religious contributions in the right-of-way or upon
the paved portion or the median of any major thoroughfare set forth in Section 4.02(M).
2. It shall be unlawful for any person to obstruct any public sidewalk within the Town when
soliciting a religious contribution.
(Ord. No. 86-12, § V, 4-14-86 Repealed by Ord. No. 92-22, § V, 12-15-92)
Section 4.05 Child Solicitations
A. Supervision of Child Solicitors
It shall be unlawful for any person to use children ten (10) years of age or younger for commercial
solicitation, charitable solicitation or religious solicitation purposes unless said children are actively
supervised by an adult person at least eighteen (18) years of age who is permitted or registered,
depending upon the type of solicitation.
(Ord. No. 86-12, § VI, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92)
Section 4.06 Penalty
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Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500.00)
for each offense and a separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues.
(Ord. No. 86-12, § VIII, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.7
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
List:
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. Council member Cates
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park. Mayor Sanders - Council member Cates
3. Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it
relates to section 3.21 of the Town Charter. (4/17/08)
4. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town
Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by
Citizens. Council member Moss
5. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to speed limit reduction. Council member Moss
6. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
7. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
8. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
9. Annual update and presentation by the Park Board. (August 4, 2008)
10. Discuss and take appropriate action regarding an Agreement for Professional Services between
Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the
Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off.
379
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.E.8
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
(a) Town Manager's Report.
(b) Town Council report from EDC 4A Liaison, Council member Moss.
(c) Town Council report from Parks and Recreation Department.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.F.1
Council to convene into executive session pursuant to Texas Government
Code, annotated, subchapter 551, sections 551.074(a) "Personnel Matters"
and 551.071 (1) & (2) "Consultation with Attorney", respectively, the
Council will enter into executive session to discuss the following:
A. Lisa Ramsey, Town Secretary Annual Evaluation, including terms of engagement and
employment contract with the Town (Section 551.074(a))
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.F.2
Discuss and take appropriate action relative to Executive Session Item
Number F1. - Annual Evaluation of Town Secretary, Lisa Ramsey, and
Employment Contract
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Draft Employment Contract
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OFFICIAL RECORD
TOWN OF TROPHY CLUB
Employment Agreement
Town Secretary
THIS AGREEMENT, made and entered into this the 7th day of April, 2008, by
and between the Town of Trophy Club, State of Texas, a municipal corporation,
chartered under the constitution of the State of Texas as a home rule town, herein after
called "Town" and Lisa Ramsey, hereinafter called "Town Secretary," both of which
parties hereto understand and agree as follows:
WITNESSETH:
WHEREAS, the Town desires to employ Lisa Ramsey as Town Secretary of the
Town of Trophy Club, as provided by the Town of Trophy Club Charter; and,
WHEREAS, it is the desire of the Trophy Club Town Council to provide certain
benefits, establish certain conditions of employment, and set certain working conditions
of said Town Secretary; and,
WHEREAS, Lisa Ramsey desires to accept continued employment as Town
Secretary of said Town on the terms outlined herein;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, and hereinbefore stated, the parties hereto agree as
follows:
Section 1.
Employment and Duties
Trophy Club hereby agrees to the employment of Lisa Ramsey as Town Secretary of
Trophy Club and Lisa Ramsey, hereinafter referred to as "Town Secretary", agrees to
perform the functions and duties specified in the Trophy Club Town Charter, and to
perform such other duties and functions as the Town Council shall from time to time
assign.
Section 2.
Term
A. Subject to the provisions of Section 3 hereof, it is intended by the parties hereto that,
unless same be sooner modified or terminated as herein authorized, the term of this
Agreement shall be from May 1, 2008, through May 1, 2010.
The Town Secretary shall serve at the pleasure of the Town Council and nothing
herein shall be taken to imply or suggest a guaranteed tenure. Upon Council
approval this Agreement shall become effective on May 1, 2008 and shall terminate
on May 1, 2010 unless terminated earlier as otherwise provided herein. Such
termination date shall automatically be extended for a period of one (1) year unless
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the Town Council takes formal action to cancel the extension before December 15,
2008 and before December 15th each year thereafter.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of
the Town Council to terminate the services of Town Secretary at any time, subject
only to the provisions set forth in Section 3, paragraphs A, B, and D of this
Agreement.
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of
the Town Secretary to resign at any time from her position with Trophy Club, subject
only to the provisions set forth in Section 3, paragraph D, of this Agreement.
D. Town Secretary agrees to remain in the exclusive employ of Trophy Club as its Town
Secretary until May 1, 2010, and for any further periods for which this contract may
be extended, and neither to, accept, nor to become employed by any other employer
until said termination date, unless this Agreement is earlier terminated as hereinafter
provided.
Section 3.
Termination and Severance Pay
A. In the event Town Secretary is terminated by the Town Council after the effective
date of this Agreement and before expiration of the aforesaid term of employment for
a reason other than as provided in Section 3.E. hereof, and during such time Town
Secretary is willing and able to perform her duties of Town Secretary, then, in that
event, Trophy Club agrees to pay Town Secretary a lump sum payment in an
amount equal to six (6) months salary at the current salary of Town Secretary, all
accrued and unused vacation, sick and personal time and to extend Town
Secretary's health and life insurance for up to six (6) months. Payment for
Secretary’s health and live insurance will terminate at the end of the six (6) month
period or when Secretary secures similar coverage from another source.
B. In the event Town Secretary is terminated "for cause," Trophy Club shall have no
obligation to pay the cash severance payment or insurance benefits designated in
subparagraph A. The term "for cause" shall mean:
1. Any willful breach, disregard or habitual neglect of duties requested of Town
Secretary by the Trophy Club Town Council formally communicated to Town
Secretary or required to be performed by Town Secretary hereunder or under the
Charter and ordinances of the Town of Trophy Club and the laws of the United
States and the State of Texas;
2. Any misconduct of Town Secretary involving an act of moral turpitude or of
illegality; or
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3. Any misapplication or misuse by Town Secretary of Town funds entrusted to or
administered by Town Secretary.
C. In the event Trophy Club, at any time after the effective date of this Contract and
during the term hereof, reduces the salary or other financial benefits of Town
Secretary in a greater percentage than an applicable across-the-board reduction for
all town employees, or in the event Trophy Club refuses, subsequent to such date
and following written notice, to comply with any provision hereof benefiting Town
Secretary herein, then, in that event, Town Secretary may, at her option, be deemed
to be "terminated" at the date of such reduction or such refusal to comply with terms
hereof by Trophy Club and shall be entitled to the cash severance payment and
insurance benefit extension provided for in subparagraph A above.
D. In the event Town Secretary voluntarily resigns her position with the Town of Trophy
Club before expiration of the aforesaid term of employment, then Town Secretary
shall give the Town of Trophy Club one (1) month notice in advance, unless both
parties agree otherwise.
E. During the term of this Agreement, in the event Section 4.07 of the Town Charter is
amended to provide that the Trophy Club Town Secretary shall be appointed by the
Town Manager, this Contract shall terminate at midnight on the 30th day following the
date of the election at which the amendment is voted upon. At that time, the Town
Secretary shall become an at-will employee of the Town. The 30-day period is
intended to provide sufficient time for the Town to place the Town Secretary's
position in the correct salary structure level within the Town's salary plan and any
other adjustments necessitated by the amendment of the Town Charter. If this
Contract is terminated pursuant to this subsection E., and Town Secretary remains
employed with the Town, she shall retain her seniority, accrued leave balances, and
all other at-will employee benefits.
Section 4.
Salary
Trophy Club agrees to budget and pay the Town Secretary for her services rendered
pursuant hereto an annual base salary of $_______, payable in installments at the
same time as other employees of Trophy Club are paid. Such annual salary may be
modified from time to tome by notice to Town Secretary, in writing, referencing this
Agreement and signed by the Mayor or Mayor Pro Tem of the Town holding office at the
time, as approved by the Town Council.
For the purpose of annual budgeting, Town Secretary shall be evaluated for
performance and salary/merit increases on an annual basis, payable in installments at
the same time as other employees of Trophy Club are evaluated and paid. Town
Council may conduct such other performance reviews at interval determined
appropriate by the Town Council without having such reviews tied to the Town
Secretary’s compensation.
385
Section 5.
Hours of Work
Town Secretary is an exempt employee expected to engage in those hours of work
which are necessary to fulfill the obligations of the Town Secretary's position and
therefore does not have set hours of work and is available at all times. Town Secretary
acknowledges that the proper performance of duties as Town Secretary of the Town will
often require the performance of necessary services for extended periods. Town
Secretary agrees to devote such additional time as is necessary for the full and proper
performance of duties and that the compensation herein provided for includes
compensation for the performance of all such services; however, it is the desire of
Trophy Club that reasonable compensatory time off be permitted by the Town
Secretary, such as is customary for all other exempt employees, so long as such
compensatory time off does not interfere with the normal conduct of the Office of the
Town Secretary.
Section 6.
Automobile, Mobile Phone, and Other Expenses
A. Town Secretary shall be reimbursed mileage for any use of her personal vehicle
while on Town business. Mileage reimbursement shall be at the same rate paid
other employees of the Town of Trophy Club.
B. A mobile phone will be provided for Town Secretary's unlimited use in the
Performance of her duties hereunder.
C. Trophy Club agrees to pay all reasonable business expenses incurred by the Town
Secretary on Town business and for expenses incurred in obtaining professional
certification and recertification.
Section 7.
Dues and Subscriptions
Trophy Club agrees to budget and to pay the dues of Town Secretary for memberships
in professional and civic organizations and subscriptions of Town Secretary necessary
for her continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for continued professional
participation, growth and advancement, for the good of Trophy Club. Notwithstanding
the foregoing, the Town Council during the budgeting process shall have the discretion
to determine which dues and memberships best serve the good of Trophy Club and to
approve such dues and memberships based upon funds available for such purposes.
Section 8.
Professional Development
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Trophy Club hereby agrees to budget and to pay the reasonable travel and subsistence
expenses of Town Secretary for professional development and official travel in sums
adequate to continue the professional development of Town Secretary and to
adequately continue her professional development, including but not limited to,
attendance at the Texas Municipal Clerks Association, the Texas Municipal League and
such other national, regional, state and local governmental groups and committees
approved by the Town Council. Notwithstanding the foregoing, the Town Council
during the budgeting process shall have the discretion to determine which professional
development programs best serve the good of Trophy Club and to approve such dues
and memberships based upon funds available for such purposes.
Section 9.
Sick Leave
Town Secretary shall be entitled to sick leave on the same basis as heretofore accrued
and credited, and on the same basis as for all other at-will, general employees of the
Town of Trophy Club.
Section 10.
Vacation
Town Secretary shall be entitled to vacation leave on the same basis as heretofore
accrued and credited, and on the same basis as for all other general employees of the
Town of Trophy Club.
Section 11.
Health and Medical Insurance
Trophy Club agrees to provide dental, medical, vision and Life and AD&D insurance for
Town Secretary and to pay the premium thereon, such benefits to be equal to that
which is provided for all other Town employees.
Section 12.
Retirement
Trophy Club agrees to provide Town Secretary, to the full extent of her eligibility for
same, retirement benefits under the Texas Municipal Retirement System, same being
the normal Town retirement system presently in force for all Town employees.
Section 13.
Outside Employment
Town Secretary acknowledges, for and during the term of this Agreement, that Town
Secretary shall devote her full time and effort to performance of the duties required
hereunder and shall not undertake, nor accept, any outside or other employment without
the prior consent of the Trophy Club Town Council.
387
Section 14.
Investments
It is further understood and agreed that because of the duties of Town Secretary within
and on behalf of the Town of Trophy Club and its citizenry, Town Secretary shall not,
during the term of this Agreement, individually, as a partner, joint venture, officer or
shareholder, invest or participate in any business venture conducting business in the
corporate limits of the Town of Trophy Club without the prior consent of the Trophy Club
Town Council. For and during the term of this Agreement, Town Secretary further
agrees, except as to Town Secretary's personal residence or residential property
acquired or held for future use as Town Secretary's personal residence, not to invest,
without the prior approval of the Trophy Club Town Council, in any other real estate or
real property improvements within the corporate limits of the Town of Trophy Club,
Texas.
Section 15.
Indemnification
A. Trophy Club shall indemnify Town Secretary against expenses (including attorney's
fees) and amounts paid in settlement actually and reasonably incurred by her in
connection with the defense of any civil, criminal or administrative action, suit or
proceeding in which she is made a party or with which she is threatened, by reason
of being or because of any act as Town Secretary within the course and scope of her
duties and employment hereunder if she acted in good faith and in a manner in
which she reasonably believed to be in or not opposed to the best interest of Trophy
Club, and with respect to any criminal action or proceeding, had no reasonable
cause to believe her conduct was unlawful.
B. Notwithstanding the foregoing, Town Secretary shall not be entitled to indemnification
regarding (i) any matter in which she shall be adjudged to be liable for negligence or
misconduct in the performance of her duties, or (ii) any matter in which she fails to
notify Trophy Club of a claim within a reasonable time or fails to cooperate in the
defense of such claim, but only to the extent that the defense of such claim is
prejudiced by her failure to give notice or to cooperate.
Section 16.
Bonding
Trophy Club shall bear the full cost of any fidelity or other bonds required of Town
Secretary under any law or ordinance.
Section 17.
Other Terms and Conditions of Employment
A. The Town Council shall fix any such other terms and conditions of employment, as it
may determine from time to time, relating to the performance of Town Secretary,
388
provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement, the Town Charter, or any other law.
B. All provisions of the Town Charter, Code, and regulations and rules of Trophy Club
relating to vacation, sick leave, retirement, pension system contributions, holidays,
other fringe benefits and working conditions as they now exist or hereafter may be
amended, shall also apply to Town Secretary as they would to other employees of
Trophy Club in addition to the other benefits enumerated specifically for the benefit
of Town Secretary as herein provided.
Section 18.
General Provisions
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement, subject to the provisions of Section 2 hereof, shall become effective
commencing May 1, 2008, and extend through May 1, 2010, and for any and such
other extensions as may be provided under the provisions of Section 2 hereof.
C. If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in
full force and effect.
D. The Town Council shall conduct an annual review of the Town Secretary's
performance on or before May 1st of each year. The annual review is a process by
which actual performance is compared against written standards established and
agreed to in terms of key duties, goals, and performance dimensions for the
proceeding year. A written evaluation may be prepared by each Council member
with the results compiled into a single form by the Mayor. The Mayor and Town
Council shall meet with the Town Secretary in Executive Session to discuss the
evaluation and review Town Secretary's salary.
IN WITNESS WHEREOF, the Town of Trophy Club has caused this Agreement
to be signed and executed on its behalf by its Mayor, duly attested by its Town
Secretary, and the Town Secretary has signed and executed this Agreement, both in
duplicate, and day and year first above written.
__________________________ ___________________________
Town Secretary, Lisa Ramsey Mayor, Nick Sanders
Town of Trophy Club, Texas Town of Trophy Club, Texas
_________________ ________________
DATE DATE
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-7-2008
Subject: Agenda Item No.G.1
Adjourn.