Agenda Packet TC 04/16/2007 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 16, 2007
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 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.
A.5 Discuss and take appropriate action regarding a Proclamation declaring May 3rd,
2007 as Day of Prayer in Trophy Club.
A.6 Discuss and take appropriate action regarding a Proclamation declaring May 6 -
12, 2007 as National Nurses' Week Celebration.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
February 19, 2007.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 5, 2007.
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 2007-2008 fiscal year and designating the Town Manager as the
authorized official for the Town.
C.1 Public Hearing: To consider the Highlands at Trophy Club Development and
Public Improvement District Petition.
C.2 Public Hearing: To consider an Ordinance amending Chapter13, Zoning, Article
VII, Development & Design Standards, Sections D, "Materials" and Section L,
"Maintenance and Repair of Non-Living Material”. (ADM-07-027)
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D.1 Discuss and take appropriate action regarding an Ordinance amending
Chapter13, Zoning, Article VII, Development & Design Standards, Section D,
"Materials" and Section L, "Maintenance and Repair of Non-Living Material".
(ADM-07-027)
D.2 Discuss and take appropriate action relative to a request for Meritorious
Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and
Institutional Signs" of Chapter 5, "General Land Use", for one additional
Development Sign for Turnberry at Trophy Club subdivision, to be located at Lot
6, Block A. Applicant: First Graphic Services, Inc.
D.3 Discuss and take appropriate action regarding the Highlands at Trophy Club
Development and Public Improvement District Petition.
D.4 Discuss and take appropriate action regarding the Highlands at Trophy Club
Development and Public Improvement District Agreement.
D.5 Discuss and take appropriate action relative to the interlocal agreement between
the Town and the Trophy Club MUDs to provide wholesale water, wastewater
treatment, and distribution, collection, maintenance and billing services and
options available to the Town for providing water and wastewater services.
D.6 Discuss and take appropriate action relative to an Ordinance repealing Chapter
3, Article XV of the Code of Ordinances, entitled "Swimming Pools" and adopting
a new Article XV of Chapter 3 regulating swimming pools within the Town.
D.7 Discuss and receive input regarding the impounding of uninsured vehicles and
the adoption of either an ordinance or policy for impounding uninsured vehicles
from the streets of Trophy Club.
D.8 Discuss and take appropriate action to approve financials and variance report
dated March 2007.
D.9 Items for Future Agenda.
D.10 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
a) Town Council report from EDC 4A Liaison, Council member Edstrom.
b) Town Council report from EDC 4B Liaison, Council member Sterling.
c) Town Manager's Report.
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:
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(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 relative to The Highlands At Trophy Club Development and Public
Improvement District Agreement.
(2) Legal advice relative to the interlocal agreement between the Town and the Trophy
Club MUDs to provide wholesale water, wastewater treatment, and distribution,
collection, maintenance and billing services and options available to the Town for
providing water and wastewater services.
E.2 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
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: 4-16-2007
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.A.5
Discuss and take appropriate action regarding a Proclamation declaring
May 3rd, 2007 as Day of Prayer in Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2007
MAY 3, 2007 AS DAY OF PRAYER IN TROPHY CLUB
WHEREAS, In 1775, the Continental Congress first designated a National Day of
Prayer, an action reaffirmed in 1952 when the United States Congress designated the
first Thursday in May for its annual observance; and
WHEREAS, The history of our nation is indelibly marked with the role that prayer
has played in the lives of individuals and the nation; and
WHEREAS, Prayer allows us an opportunity to reflect and to seek guidance,
strength, comfort and inspiration from Almighty God; and
WHEREAS, In these trying times, when the world is so unsettled and when so
many brave military men and women from the State of Texas and the United States are
far from home, making great sacrifices for those abroad and those here at home, prayer
becomes all the more meaningful and important; and
WHEREAS, “America, Unite in Prayer” is the theme for the 56th National Day of
Prayer; and
WHEREAS, it is fitting and proper for our citizens to gather together on this day
to acknowledge our many blessings, express gratitude and recognize the continuing
need for strong positive values to guide our communities, state and nation;
NOW, THEREFORE, I Nick Sanders, in conjunction with the Town Council of
the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club,
hereby proclaim Thursday, May 3, 2007, as a DAY OF PRAYER in Trophy Club to
coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take
effect from and after its date of passage, in accordance with law; and it is so
proclaimed.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 16th day of April, 2007.
_____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
__________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.A.6
Discuss and take appropriate action regarding a Proclamation declaring
May 6 -12, 2007 as National Nurses' Week Celebration.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. Letter from Baylor
2. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2007-
MAY 6 – 12, 2007 AS NURSE APPRECIATION WEEK IN TROPHY CLUB
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 – 12,
2005 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN
CONJUNCTION WITH NATIONAL NURSE APPRECIATION WEEK.
WHEREAS: National Nurse Appreciation Week is May 6-12, 2005; and
WHEREAS, This year’s celebration theme is “Nurses: The Warmth of Caring,
The Light of Care,” and
WHEREAS, Nurses are truly giving and loving individuals who care for the sick
and who contribute enormously to the well-being of others; and
WHEREAS, Baylor Regional Medical Center at Grapevine honors their special
nurses during this week.
NOW, THEREFORE, I, MAYOR SCOTT SMITH, IN CONJUNCTION WITH THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM:
Section 1. The week of May 6 – 12, 2007 as Nurse Appreciation Week in the
Town of Trophy Club to coincide with National Nurse Appreciation Week and encourage
all citizens to support our nurses.
Section 2. That this proclamation shall take effect from and after its date of
passage, in accordance with law; and it is so proclaimed.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 16th day of April, 2007.
Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas [SEAL]
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 19, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated February 19, 2007
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MINUTES OF PUBLIC HEARING/JOINT WORKSHOP
BETWEEN TOWN COUNCIL AND EDC 4B
AND REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 19, 2007
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Pre-Council Meeting/Public Hearing and
Regular Session on Monday, February 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
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Sakura Moten-Dedrick Finance Director
Danny Thomas Fire Chief
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
James Hicks EDC 4B President
Larry Crosser EDC 4B Member
Damian Olthoff EDC 4B Member
Glenn Strother EDC 4B Member
Kirk Wilson Centurion Development
Misty Ventura Hughes & Luce, LLP
Jim Wiegert Carter and Burgess
Lila Marsh Bond Counsel, Vinson & Elkins
A.1 Mayor Sanders called the Regular Session to order at 6:05 p.m. noting a quorum was present.
A.2 Work Session: Discuss and review items posted to the February 19, 2007 Agenda, including but
limited to Item D.13.
Town Manager Emmons introduced the first change to Schedule B of the public improvements, page 151.
As of today an escalating estimate for the lot size has been added; the assessment will increase 1.5%
annually. Kirk Wilson from Centurion Development added if the assessment is paid for up front the home
owner is not subject to the escalation project. Lila Marsh, Bond Counsel, Vinson & Elkins confirmed
those who pay over time will pay more in interests. Emmons added the May deadline referenced under
section 4.2, Before the Town levies the Assessments, the Town shall enter into an agreement to secure
water and wastewater capacity for development of the Property. The Town shall use its best efforts to
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complete this agreement no later than May 2007, gives the Town more bargaining power in the
developer’s agreement.
Attorney representing Hughes and Luce, LLP, Misty Ventura, believes for the Town’s protection should
levy the assessment as soon as possible.
Town Manager Emmons asked Council if this was the direction they wanted to proceed with.
Ms. Ventura ask if the Council was comfortable with the business deal explaining the document included
in the packet is supposed to be the road map between the developer and the Town. The approval of this
agreement adequately reflects and confirms this developer will not be exempt from the regulations and
processes of other developers. Ventura said the Developer will not receive the money prior to the
issuance of the bonds and respectfully asked the Council to provide feedback so that the agreement
could come back at the next meeting.
Mayor Sanders spoke to Article III, 3.3 and questioned the status of the agreement with the MUDs.
A.3 Lake Cities Church of Christ, Pastor Joel Quile gave the Invocation.
A.4 Mayor Sanders led the Pledges.
A.5 Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices for the
May 12, 2007 Election.
Motion made by Edstrom, seconded by Lamont to approve.
Council member Cates said although this is only a proclamation with no repercussions for violations, by
proclaiming, it is an honor and a commitment.
Council member Sterling moved to strike the sixth Whereas clause, Williams seconded.
Amendment passed unanimously without any discussion.
Main motion passed unanimously without further discussion.
A.6 Citizen presentations.
No citizens addressed Council.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Mayor Sanders removed Items B.2 and B.3 from the Consent Agenda.
Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1.
Motion passed unanimously without any discussion
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 22,
2007.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29,
2006. (Public Hearing Session)
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Mayor Sanders noted the item was posted with an incorrect date, should be 2007and will be brought back
on the March 5th meeting.
B.3 Consent Agenda: Discuss and take appropriate action relative to a request for Plat Amendment
for Eagles Ridge, Phase II, located generally to the north of Clear Vista Drive and Panorama
Circle. Applicant: Eagles Ridge Investors Joint Venture (AP-07-015)
Town Manager Emmons explained the plat amendment contains standard revisions to the Final Plat for
Eagles Ridge, Phase II.
Motion made by Edstrom, seconded by Sterling to approve.
Motion passed unanimously without any discussion
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearings on Reinvestment Zones:
Public Hearing No. 1 to consider the designation of Reinvestment Zone No. 1 consisting of 9
contiguous parcels being 36.278 acres located generally and described as 100 Trophy Club Dr.
and 100 Indian Creek Dr., Trophy Club, Texas.
Public Hearing No. 2 to consider the designation of Reinvestment Zone No. 2 being 2.106 acres
of land located in the C. Medlin Survey, Abstract No. 823A, Tract 1A, in the Town of Trophy Club
and more generally described as 300 Trophy Club Drive.
Public Hearing No. 3 to consider the designation of Reinvestment Zone No. 3 consisting of 5
contiguous parcels being 20.165 acres located generally at the northeast corner of Trophy Lake
Drive and Trophy Club Drive in Trophy Club, Texas and due west of Trophy Lake Dr., Trophy
Club, Texas.
Public Hearing No. 4 to consider the designation of Reinvestment Zone No. 4 consisting of 11
contiguous parcels being 16.3296 acres located generally north of 114 and dissected by Trophy
Wood Dr., Trophy Club, Texas.
Public Hearing Opened at 7:15 p.m.
No one addressed council.
Public Hearing Closed at 7:17 p.m.
TOWN COUNCIL CONVENED INTO JOINT SESSION
*JOINT SESSION
D.1 EDC 4B call to order and announce a quorum.
EDC 4B did not have a quorum and did not call to order.
D.2 Discuss and provide input regarding the Buxton implementation plan.
EDC 4B President, James Hicks said retail develop is not automatic, no one knows the right and willing
retail to bring to the town and that is why help is needed. EDC 4B recommends the Buxton group and
feels they have the right tools and knowledge to help Trophy Club’s economic development.
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Mayor Sanders questioned the detailed implementation plan provided in the packet. Town Manager
Emmons explained the plan provides a timeline of target dates for tasks should the study be approved.
Emmons said the majority of the tasks will fall on Community Development Director, Beth Ann Gregory
and some on both EDC and the Council.
Board Director, Damian Olthoff arrived making a quorum. President Hicks called EDC 4B to order at 7:24
p.m.
Mayor Pro Tem Williams asked which EDC members would be assisting staff and if the Board is still
planning to work with current developers. President Hicks said he would poll all members and then
assign commitments based on the results. Hicks said they would work with the current developers and
any interested party.
Council member Cates does not agree with proposing a budget amendment to fund the administrative
duties and salary for staff’s association with this project.
Mayor Sanders commented EDC is working on a more detailed budget for the upcoming year to alleviate
the need for public hearings on expenditures. The Administrative cost would be would be part of the next
fiscal budget.
Council member Edstrom agreed with Cates and would consider hiring someone to focus their time
dedicated on EDC, but would not support offsetting current administrative costs. Edstrom is still
concerned about committing to spend $60,000 without seeing the implementation plan first.
Sally Michalak, 17 Salida Drive – President of the NW Metroport Chamber spoke in favor.
Dave Glaser, 15 Overhill Drive – Spoke in favor of the Buxton implementation plan.
Neil Twomey, 203 Oakmont Drive – Spoke in favor of the Buxton implementation plan.
Lana Churman, DBA Merle Norman Cosmetic Studio, 501 Trophy Lake Dive, 318 – Submitted a letter in
favor of the Buxton Implementation Plan.
Council member Cates hopes EDC 4B has spoke to the consultants about putting together more than just
a cookie cutter solution. President Hicks assured the Council several of the EDC 4B members have
addressed the need of customizing the plan for Trophy Club and suggested putting together a legal
document detailing the specifics that we want.
EDC 4B member, Larry Crosser agrees with putting together a legal document and said he has spoke
with Joe Fackel of the Buxton Group about the specifics in the plan. EDC 4B member, Damian Olthoff
added that he negotiated with Fackel for four sites.
Council member Cates questioned how tax inclement financing works. Town Manager Emmons
explained a TIF is a tool that local governments use to publicly finance needed structural improvements
and enhanced infrastructure within a defined area. These improvements usually are undertaken to
promote the viability of existing businesses and to attract new commercial enterprises to the area. This
increased site value and investment creates more taxable property, which increases tax revenues.
Council member Edstrom added that Keller Town Center is an example of a TIF. Edstrom asked
Emmons to clarify the offset suggested. Town Manager Emmons’ understanding is that Council would
like to create a separate Streets budget, moving from under Community Development. The Streets
Supervisor position will be reclassified to a Director, reporting directly to the Town Manager, which will
free up time for the Community Development Director to focus on economic development.
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Both Council members Lamont and Sterling spoke in support. Sterling understands the reluctance from
others as it is still somewhat vague; however he feels the Town needs to get the ball rolling.
Mayor Pro Tem Williams said he is more supportive now than he was in the past; however he still has a
concern about the implementation as it is the key. Williams said the success of this project is on the
Community Development Director, the Town Manager and EDC 4B; in order to see results the plan has to
be implemented.
President Hicks and EDC 4B member, Larry Crosser said they are committed to seeing this project
through successfully.
Per the Council’s input, Mayor Sanders instructed the Town Manager to move forward with the Public
Hearing.
D.3 EDC 4B adjourn.
Motion made by EDC 4B member, Larry Crosser, seconded by EDC 4B member Glenn Strother to
adjourn.
EDC 4B adjourned at 7:49 p.m.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
Mayor Sanders requested Council move Item D.12, due the number of attorneys present.
D.4 Discuss and take appropriate action to approve financials and variance report dated January
2007.
Motion made by Edstrom, seconded by Williams to approve.
Motion passed unanimously without any discussion.
D.5 Discuss and take appropriate action regarding the following Ordinances designating
Reinvestment Zones:
(A) An Ordinance approving the designation of Reinvestment Zone No. 1 of the Town of
Trophy Club, Texas consisting of 9 contiguous parcels being 36.278 acres located
generally and described as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club,
Texas.
(B) An Ordinance approving the designation of Reinvestment Zone No. 2 of the Town of
Trophy Club being 2.106 acres of land located in the C. Medlin Survey, Abstract No.
823A, Tract 1A, in the Town of Trophy Club and more generally described as 300 Trophy
Club Drive, Trophy Club, Texas.
(C) An Ordinance approving the designation of Reinvestment Zone No. 3 of the Town of
Trophy Club consisting of 5 contiguous parcels being 20.165 acres located generally at
the northeast corner of Trophy Lake Drive and Trophy Club Drive, Trophy Club, Texas
and due west of Trophy Lake Drive, Trophy Club, Texas.
(D) An Ordinance approving the designation of Reinvestment Zone No. 4 of the Town of
Trophy Club consisting of 11 contiguous parcels being 16.3296 acres located generally
north of 114 and dissected by Trophy Wood Drive, Trophy Club, Texas.
Motion made by Williams, seconded by Lamont to approve in its entirety.
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Motion passed unanimously without any discussion.
D.6 Discuss and take appropriate action regarding the approval of Marshall Creek Park Grant.
Motion made by Edstrom, seconded by Sterling to approve.
Mayor Sanders verified the Town would incur the expenditures prior to being reimbursed which will be
seen as expended under the line item in the budget.
Council members Cates commented in the past the cost for Marshall Creek have been spread out among
several departments and requested that the Town Council receive a summary of all the costs associated.
Council member Lamont asked if the Texas Legislation and Parks and Wildlife Department have the
ability to cancel the grant. Parks and Recreation Director, Adam Adams advised that this is a disclaimer
and Town Attorney, Patricia Adams added that it could not be earmarked.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action to select a new name for Marshall Creek Park. Upon
selection of the name by Council, a Resolution will be submitted for approval at a subsequent
Council meeting.
Motion made by Edstrom, seconded by Williams moving the new name for Marshall Creek Park as
Trophy Club Park at Grapevine Lake.
Council member Edstrom attended the P & R meeting where the members determined the top three
names from seventeen submitted. Edstrom likes the tie into Grapevine Lake and believes the location
should be distinct in the name. Both Council members Sterling and Lamont agreed.
Council member Cates likes the name Freedom Park as it goes along with the names of the Town’s other
parks.
Parks and Recreation Board member, Steven Kohs said Trophy Club Park at Grapevine Lake is the best
description of the park. Mayor Pro Tem Williams agreed and said it should be either Trophy Club Park at
Grapevine Lake or Lake Grapevine.
Williams amended the motion to Trophy Club Park at Lake Grapevine, Edstrom seconded.
Amendment passed unanimously without any discussion.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of
Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees",
regulating Parks and Recreation Use Fees.
Motion made by Edstrom, seconded by Cates to approve.
Mayor Pro Tem Williams spoke to the citizens who said Roanoke did not charge fees, saying not only
does Roanoke have fees but is considering raising them. Williams would like to further address fees in
the budget process.
Council member Lamont questioned if the policy addressed admitting two free guests. Parks and
Recreation Director Adam Adams said the policy still exists and would be handled operationally, so
inclusion is not necessary in the Ordinance.
Council member Sterling feels it should read, “Sport field rentals are $20.00 an hour with a 2-hour
minimum.”
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Council member Cates feels there should be a charge for non-residents and asked what was being done
to take away guest privileges. Council member Edstrom commented the Council cannot discuss this
issue. Mayor Sanders confirmed the agenda is not posted to discuss non-resident fees.
Motion passed unanimously without further discussion.
D.9 Discuss and take appropriate action regarding an Ordinance annexing approximately 20.929
acres situated in the Mary Medlin Survey, Abstract Number 832, Denton County, Texas. The
property to be annexed is within the Town's extraterritorial jurisdiction and is generally located
along Marshall Creek Road adjacent to the northeast boundary.
Motion made by Sterling, seconded by Edstrom to approve.
Motion passed unanimously without any discussion.
D.10 Discuss and receive input regarding an Ordinance regulating smoking at various places within the
Town of Trophy Club.
Mayor Sanders introduced the item advising that the Council was not going to debate the fine aspects of
the Ordinance, but rather provide direction to staff.
Council member Lamont is in favor of increasing the 20 foot parameter to 100 foot restrictions,
designating a smoking section in the Parks for special events or making the event smoke free and
prohibiting it at the pool. Lamont added that smoke free laws do not drive away business.
Mayor Pro Tem Williams and Council members Cates and Edstrom agree that they should not be
dictating these types of restrictions and are concerned the restrictions may potentially hurt the
businesses.
Council member Sterling is in favor of regulating smoking in public areas such as parks, but not in favor of
restricting them to one area. Sterling feels establishing parameters is the better alternative.
Paula Johndrow, 112 Lakeshore – Spoke in favor of smoking prohibitions.
Hugh Shaw, 228 Fresh Meadow – Spoke in favor of smoking prohibitions.
Connie Shaw, 228 Fresh Meadow – Spoke in favor of smoking prohibitions.
L.C. Crowley, 410 Lakewood Drive - Spoke against smoking prohibitions.
Council member Sterling suggested staff reference the City of Austin’s ordinance as it seems more
concise and fewer loop holes.
Mayor Pro Tem Williams hates to see staff invest time working on an ordinance that three members of
Council are against and will not vote for.
Bob Radder, 1 Lee Court - Spoke against smoking prohibitions.
Mayor Sanders commented on the lack of support of the Governor’s bill to make the state smoke free,
suggesting the Town adopt an ordinance similar to the State’s provisions. Sanders said the Council can
regulate the ability to protect the health and safety of the residents, however, ventilation alone does not
solve the problem. Sanders added the enforcement would be enforced under the health and safety code
with the initial complaints investigated by the Code Enforcement Officer.
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Motion made by Lamont, seconded by Sterling directing staff to move forward on the ordinance and bring
back to a future meeting with more specifics.
Motion to move forward failed 2:3; with Lamont and Sterling voting for, and Williams, Edstrom and Cates
voting against.
D.11 Discuss and receive input relative to potential amendments 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 said this Ordinance has been requested due to the consolidation of a large number of
signs on a small area of commercial lots during the last election.
Council member Sterling requested the 100’ be spell out. Mayor Pro Tem Williams requested other
platted parcel be removed.
Mayor Sanders read the changes as, A political sign shall not exceed thirty-six (36) square feet in area
nor exceed eight feet (8’) in height, as measured from the ground. A political sign may not be illuminated
or have any moving elements. No more than one (1) of such signs for each political candidate or issue
on the election ballot shall be erected on any residential zoned parcel of land. The front and back surface
of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall
constitute a separate sign. For signs located on non-residential or unplatted property, the minimum
distance between signs for each political candidate shall be one hundred feet (100’) and asked that it
come back on the Consent Agenda.
No action taken.
D.12 Discuss and take appropriate action to award or reject a proposal for the Professional Collection
Services for delinquent municipal court accounts.
Gary Bogan from AMS was present for Council’s questions.
Motion made by Cates, seconded by Lamont to approve.
Town Manager Emmons said staff is looking at trying to improve collection rates in Municipal Court. The
Town received four responses; AMS has 13 years experience, they are a local firm with good references
and they collect mainly for public entities. Finance Director, Sakura Dedrick added that AMS also agreed
to go back to 1999.
Mr. Bogan said the success rate is around 25% - 40%.
Motion passed unanimously without further discussion.
D.13 Update Council and receive input regarding The Highlands at Trophy Club Development and
Public Improvement District Agreement.
Mayor Sanders suggested the developer add a number 1 to each of the second numbers under the
square footage of residential lots in exhibit C.
Town Attorney, Patricia Adams explained the options for Security for Cost Overrun.
Jim Wiegert has revised the estimates several times and is comfortable with the contingencies. Wiegert
clarified that 10% of the line item is for contingency for items that are not already built in. Mayor Sanders
requested this detail be sent to the Council.
Misty Ventura clarified the irrevocable letter under section 8.2 applies only to the water tower.
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Mayor Sanders verified the Acquisition of Public Property, number 8 of Exhibit B, should be
$3,490,000.00 not $3,690.000.00, however this correction does not change the bottom figure. Sanders
confirmed the amount would only be available upon the completion of projects.
Bond Counsel Lila Marsh does not have an issue from a conceptual point and said the large amount will
be disbursed at closing rather than during the project.
Council member Cates would like to have the typos in the numbers corrected and asked that the staff
review the corrections prior to forwarding to Council. Kirk Wilson said the errors were not staff errors.
Council member Lamont is concerned about the cost for the flowage easement. Mayor Sanders said the
1 million in contingency would cover this cost. Town Manager Emmons clarified that the drainage
between the pool and school is listed as number 7, the parkland and some of the right of ways are
covered under number 8. Emmons will forward a copy of the quantities provided by the engineering firm,
which will spell out the projects and show where the specific contingencies are coming from.
Council member Edstrom said she would not be supportive of 100% of money being paid out until the
projects were 100% complete. Misty Ventura reassured those mechanics would be handled in the bond
and that no one has an expectation of being paid until complete.
Mayor Pro Tem Williams understands if the project’s estimated cost is 21.57 million and it costs 23
million, the developer will be responsible for the cost overruns.
Misty Ventura explained the concept of hold back financing of the land and said the obligation is
maintained regardless of the financing and the financing component falls on the developer which is
covered in the sub-dividers agreement. Kirk Wilson believes the security proposed for cost over runs
should be adequate.
Wilson said there are more costs associated than what are listed on the project list and are considered as
qualified items under the PID. Mayor Sanders added that the cost for the road currently being built is not
a cost that could be memorialized in this agreement, but is being discussed with the county, the school
district and Roanoke.
Council is concerned about the connector road that the developer has committed funds for. Misty
Ventura assured the Council the developer has committed fund for the connector road and will be
accomplished as a collaborative private/public partnership.
Mayor Sanders said Roanoke is motivated to solve the traffic issues as well.
Council is comfortable with the method for cost overruns as discussed tonight.
Town Manager Emmons said he is fairly comfortable with this type of methodology and with the direction
received from Council. He will provide the revisions to Council with adequate time for review prior to
approval. Town Attorney, Patricia Adams prefers a letter of credit; however believes this will allow some
flexibility and latitude which would not be afforded in a letter of credit.
D.14 Discuss and take appropriate action appointing a Town Council Water and Wastewater
contracting subcommittee.
Town Manager Emmons would like Council’s help establishing rates for the services to be contracted by
the MUDs and suggested a sub-committee of two Council members.
Council member Cates feels the Council members appointed to the sub-committee should represent both
MUD1 and MUD2.
23
Mayor Sanders hopes the MUDs form a committee as he feels it is a good way to bring people together
and working through issues.
Mayor Pro Tem Williams and Council member Lamont volunteered to serve on the sub-committee.
Motion made by Sterling, seconded by Edstrom appointing Williams and Lamont and requesting that they
provide regular updates.
Motion passed unanimously without further discussion.
D.15 Items for Future Agenda.
Council member Lamont suggested removing the March 5th date from the Ordinances impounding
vehicles until the vehicle is properly insured and inspected and on any vehicle that is being driven on the
streets of Trophy Club when the driver does not have a current or valid Drivers License.
D.16 Reports.
Town Manager Emmons gave his report.
Council decided not to convene into Executive Session.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
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 relative to the Highlands at Trophy Club Development and Public
Improvement District Agreement
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
F.1 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
F.2 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 10:20 p.m.
_____________________________________ _____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
24
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 5, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated March 5, 2006
25
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 5, 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, March 5,
2007. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Philip Sterling Council Member
Gregory Lamont Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Sakura Moten-Dedrick Finance Director
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
Kirk Wilson Centurion Development
Misty Ventura Hughes & Luce, LLP
Jim Wiegert Carter and Burgess
Lila Marsh Bond Counsel, Vinson & Elkins
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Council member Sterling gave the Invocation.
A.3 Council member Lamont led the Pledges.
A.4 Citizen presentations:
Steven Kohs, 18 Overhill Drive, Trophy Club – Commended staff for their support and help with the
Patriot Guard Project.
John Kammerer North Texas Ride Captain of the Patriot Guard Riders - 1410 Spring Meadow Drive, Allen
–Thanked the staff and residents for their support and help with the Phoenix Project Escort on Saturday.
Mayor Sanders thanked the citizens for their support.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Mayor Sanders pulled Item B.3.
26
Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1.and B.2.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29,
2007. (Public Hearing Session)
B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution changing the name
of Marshall Creek Park.
B.3 Consent Agenda: Discuss and take appropriate action relative to 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 indicated the words on the election ballot should have been included to the last sentence
of the Ordinance amendment, and read the following as the amendment the Council would approve; “For
signs located on non-residential or unplatted property, the minimum distance between single or multisided
signs for each political candidate or issue on the election ballot shall be one hundred feet (100’).”
Motion made by Cates, seconded by Edstrom to approve with the Mayor’s correction.
Motion passed unanimously without any discussion.
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING.
PUBLIC HEARING
C.1 Public Hearing: A request for Zone Change for an approximate 54.86 acre tract of land currently
zoned MH - Manufactured Housing and an approximate 37.8 acre tract of land currently zoned R-
12 single family residential, (cumulatively 92.24 acres) to PD-28, Northwest High School No. 2,
generally described as T. Calaway Survey, Abstract No. 272; T. Kelly Survey, Abstract No. 704,
and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas Engineering, LLC., authorized
agent of Northwest ISD. (ZCA-07-012)
Public Hearing Opened at 7:11p.m.
No one addressed council.
Public Hearing Closed at 7:13 p.m.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action relative to a request for Zone Change for an approximate
54.86 acre tract of land currently zoned MH - Manufactured Housing and an approximate 37.8
acre tract of land currently zoned R-12 single family residential, (cumulatively 92.24 acres) to PD-
28, Northwest High School No. 2, generally described as T. Calaway Survey, Abstract No. 272; T.
Kelly Survey, Abstract No. 704, and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas
Engineering, LLC., authorized agent of Northwest ISD. (ZCA-07-012)
Applicant MJ Thomas was present.
Motion made by Williams, seconded by Edstrom to approve.
27
Council member Lamont questioned the accessory structure. Mr. Thomas does not foresee the horse
trail extending, however has included it just in case.
Mayor Pro Tem Williams questioned the P & Z vote and asked the reason for the one vote against. P & Z
Chairman Gene Hill said the Commissioner was not satisfied with the requirement when looking at this
request as a land zone.
Motion passed unanimously without further discussion.
Mayor Sanders asked for objections to move up Item D.8. No objections noted.
D.2 Discuss and take appropriate action amending Resolution 2006-24 by amending to appoint one
citizen to one seat on EDC 4A for the remainder of the unexpired term expiring in 2007.
Mayor Sanders announced only one applicant submitted for this vacancy and EDC 4A has recommended
Richard Bell to fill the vacant position. EDC 4A Director Neil Twomey said EDC 4A interviewed Mr. Bell
on February 26th and were impressed with his past community involvement.
Motion made by Edstrom, seconded by Lamont to appoint Richard Bell to EDC 4A to the unexpired term
expiring in 2007.
Council member Edstrom requested staff send past EDC 4A Minutes to Mr. Bell.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding the acceptance of the 2005-06 fiscal year end
Audit.
Neil Twomey said on behalf of the Ways and Means Advisory Group, the staff has implemented the
corrected action necessary to address the weaknesses identified by the audit committee.
Motion made by Edstrom, seconded by Sterling to approve.
Town Manager Emmons thanked Neil Twomey, the Ways and Means Advisory Group and staff for their
hard work implementing the corrective actions. Emmons also acknowledged Council member Cates for
recognizing some of the issues that were corrected. Emmons said the deficiencies in the travel and
training policy would be addressed under Item D.9 and $2,500 parameters had been established on the
journal entries with approximately 600 journal entries made a month.
Mayor Sanders and Mayor Pro Tem Williams thought it was inappropriate that the Auditors were not
present. Williams questioned the cost to implement all of the controls listed in the Auditor’s letter. Town
Manager Emmons said in order to determine the cost, staff will need to look at their loss of productivity
resulting from the newly implemented controls.
Council member Cates felt the controls were basic and should not require that much more time. Cates is
disappointed that these issues were included on the report as two years ago they were brought to
previous Town management.
Council member Edstrom hopes the items listed on the Auditor’s report are not repeated items next year.
Edstrom requested Town Manager Emmons let the Council know if the controls become too much for
staff.
Mayor Sanders commented Item 4 was not on the Auditor’s report last year and perhaps they will tighten
different aspects each continued year.
28
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action to appoint council to council or other appointed official to
perform periodic, internal audits of procedures as related to procurement policies, journal entries
and the travel and training policies.
Mayor Sanders explained for quite some time Council member Cates has been reviewing procurement
cards and providing a report to Town Manager Emmons for areas to address with staff. Sanders has
been included on the correspondence, but updates have not yet been provided to the Council. As some
of the newly implemented controls affect staff’s time, the Ways and Means Advisory Group has
volunteered to help monitor and would like to assist in this review.
Motion made by Lamont seconded by Williams to appoint Council member Cates to continue in her
periodic over-site and to provide updates to the Council.
Council member Cates welcomes help and would like to continue to audit procurement cards on a
monthly basis and spot check disbursements.
Council member Edstrom is in favor of the review, providing the report identifies legitimate issues.
Town Manager Emmons appreciates the over-site and asked that any issues identified be brought to him
first so that he may address.
Motion passed unanimously without further discussion.
D.5 Discuss and provide input relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water.
Town Manager Emmons explained the current swimming pool ordinance addresses clarity of water but
does not provide a means for abatement which this amendment would allow for. If Council agrees with
the language presented it will come back on the March 19th Consent Agenda.
Council member Lamont asked if this was limited to pools. Town Manager Emmons clarified it covers the
accumulation of water on any private property with the intent for pools, but does not apply to the storm
sewer. Community Development Director, Beth Ann Gregory said owners who fail to comply with these
provisions would be notified in writing and given a period to comply before action is taken.
Mayor Pro Tem Williams and Council member Edstrom believe the Ordinance should be more specific to
the needs identified by staff; if the need is for pools the Ordinance should include a definition of a pool.
No action taken, item posted for input only.
D.6 Discuss and take appropriate action regarding the expenditure of EDC 4A funds for lighting and
scheduling software for park facilities.
Town Manager Emmons said EDC 4A recommended approval at their February 26th meeting. Emmons
explained the hardware and software package presented in the packet would allow staff to monitor and
control the field’s electrical usage for Independence Park and allows reservation ability for other park
facilities. Parks and Recreation Director, Adam Adams added one part is a remote system which can be
controlled by a lap-top or a cell phone and the other is the scheduling software that would allow
scheduling for all parks facilities.
Motion made by Edstrom, seconded by Cates to approve.
29
Mayor Sanders noted the actual cost is $14,898.00 and asked what the recurring budget cost would be.
Adams said $32.00 a month for lighting and $1,000 annually for Active Network with the first year waived.
Adams estimated in the next three years the annual cost would be $3,000.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding Racial Profiling Report for 2006.
Town Manager Emmons deferred to Police Chief, Scott Kniffen for the presentation. Police Chief Scott
Kniffen began his presentation explained the Texas Legislature has directed that Texas Police Chiefs and
Sheriffs collect statistics on citizen contacts and report the statistics to their local governments by March
1st of each year.
Motion made by Lamont, seconded by Williams to approve the Racial Profiling Report for 2006.
Williams amended his motion, correcting the total number of contacts as 2,043 with 29 juvenile contacts,
the second agreed.
Motion to approve as corrected passed unanimously without further discussion.
D.8 Discuss and take appropriate action regarding The Highlands at Trophy Club Development and
Public Improvement District Agreement.
Town Manager Emmons spoke to the key benchmarks necessary to move forward. PD27 is scheduled to
go before P & Z on March 15th and the Town Council on April 2nd; the total number of lots needs to be set
in order to include in the PID agreement. The PID petition is also tentatively scheduled for April 2nd.
Emmons would like to meet with the sub-committee prior to the Master District meeting on March 8th to
discuss the refinements.
Mayor Sanders asked Mr. Wilson if there had been any other discussions regarding the escalation of the
assessment payment. Mr. Wilson said the level assessment would rise over time. Sanders is concerned
about the Council’s deadline to approve based on the questions of ownership between MUD 1 and MUD
2. Town Attorney, Patricia Adams said she has enlisted outside counsel for help on this issue.
Essentially the Town is not obligated or liable for the delays.
Misty Ventura from Hughes and Luce, LLP, referenced section 4.2 and said as styled in the document,
the water and waste water capacity does not obligate the Town until the contracts are finalized.
Town Manager Emmons said the concept plan and parkland improvements were addressed at P & R
meeting on February 27th and he felt the Board was pleased with the amendments. Some of the trails
may need to be relocated; the trail system and the lay out of the sports fields will be addressed during the
developer’s agreement. Emmons said the cost of the elevated water tank has increased and the
Developer is still funding at 60%. Jim Wiegret explained the construction cost changed to 1.2M when re-
evaluated and the contingency fund has been adjusted accordingly.
Mayor Sanders said staff is researching a wireless network which would allow improved communications
and when manufactured appropriately, water meters could also be added to the mesh network. Sanders
appreciates the staff’s hard work with the agreement refinements and asked if Council would be
approving the breakdown or just the bottom line total. Patricia Adams understands there to be cushion on
each item. Misty Ventura added the expectation of a public improvement is static and will not change the
cost of improvements; however the estimates will be refined. There are several control points that could
change the line items, but the aggregated total would stay consistent. Sanders suggested that the word
Estimate by clearly marked on Exhibit B.
Mayor Pro Tem Williams asked the possibility of making the timelines as projected. Town Manager
Emmons commented there is still a lot of work to do, but staff is doing their best to hit as projected. Staff
30
is also waiting on the due diligence report from MuniCap. Kirk Wilson asked if Council would consider,
informally requesting Vinson and Elkins start the preparation of the bond documents, thinking this may
help everyone see this piece and how it fits into the entire process. Misty Ventura explained that the
Developer is looking for direction in order to move this process forward and does not have the
expectations that it will come back to Council until some of the other benchmarks have been met.
Council did not voice any concerns or questions on Exhibit B. Town Manager Emmons clarified that the
money would go back in to acquire the debit should Council later decide to remove an item from Exhibit
B. Bond Counsel Lila Marsh confirmed the improvements could be pre-paid.
Mayor Sanders verified the agreement could be structured so that monies could be moved into the
contingency fund and used for an item under the service and assessment plan and reminded the Council
the levy defines of the benefit.
D.9 Town Manager Emmons to update the Council and receive input on revisions to the Town's
Personnel Policies, Chapter 108.00, Training and Travel.
Town Manager Emmons said as a result of the Town’s Audit, staff has revised the current Travel &
Training Policy. In an effort to avoid duplication and/or conflicting information, the Town intends to omit
this reference section in the Procurement Card Policy. The proposed revisions includes: reference
standards for dollar limits on amounts that will be reimbursed for various types of expenses, additional
documentation requirement for reimbursement and an authorizations/approval process.
Council member Cates likes the addition of GSA standards. Town Manager Emmons said the GSA rates
are very generous and encourages supervisors and employees be responsible.
No action taken, item posted as an update only.
D.10 Items for Future Agenda.
Mayors Sanders asked about the Ordinance removing uninsured vehicles from the streets of Trophy Club
by impounding the vehicle until the vehicle is properly insured and inspected and the Ordinance
impounding any vehicle that is being driven on the streets of Trophy Club when the driver does not have
a current or valid Drivers License. Town Manager Emmons responded Chief Kniffen and Patricia Adams
were working on these Ordinances.
Council member Lamont questioned the status of the Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section 3.01,
entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches.
Council member Sterling said this item could be removed.
Mayor Pro Tem Williams asked when Council would take action regarding the Buxton proposal. Town
Manager Emmons responded EDC’s Public Hearing is scheduled for March 12th and the item will be on
Council’s March 19th Agenda. Mayor Pro Tem Williams requested a report on receipt of Appointed and
Elected Official Handbook acknowledgement forms on March 19th and would like to discuss what action
could be taken on those who have not returned the form.
Council member Edstrom asked about the Ordinance establishing the Town's Emergency Management
System. Fire Chief Danny Thomas explained the Town has an active plan with County and staff is
currently working on the revisions.
D.11 Reports.
EDC 4A liaison, Council member Edstrom gave her report.
EDC 4B Liaison, Council member Sterling gave his report.
Town Manager gave his report.
E.1 Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
31
Meeting adjourned at 9:30 p.m.
_________________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
32
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.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 2007-2008 fiscal year and
designating the Town Manager as the authorized official for the Town.
EXPLANATION:
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(SK)
Attachments: 1. Resolution
33
TOWN OF TROPHY CLUB
RESOLUTION 2007-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE
GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER
PROGRAM FOR THE 2007-2008 FISCAL YEAR; AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of Town of Trophy Club that the School Resource Officer Program be operated for the
2007-2008 fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching
funds for the said project as required by the Safe and Drug Free Schools and
Communities Act (SDFSC) grant application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town
Manager, as the grantee's authorized official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club approves submission of the grant
application for the School Resource Officer Program to the Office of the Governor,
Criminal Justice Division and authorizes the Town Manager or his designee to execute
all necessary documents.
Section 2. 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 the 16th day of April, 2007.
___________________________________
Mayor
Town of Trophy Club, Texas
34
ATTEST:
_______________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney
Town of Trophy Club, Texas
35
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.C.1
Public Hearing: To consider the Highlands at Trophy Club Development
and Public Improvement District Petition.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
36
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.C.2
Public Hearing: To consider an Ordinance amending Chapter13, Zoning,
Article VII, Development & Design Standards, Sections D, "Materials" and
Section L, "Maintenance and Repair of Non-Living Material”. (ADM-07-027)
STAFF COMMENTS:
The majority of the language added to Section L, “Maintenance and Repair of Non-Living Material” was
not included in the most recently adopted Fence Ordinance No. 2005-16, but was in the 2002-42
Ordinance. The Code Enforcement Department has requested this criterion be added back to the Fence
Ordinance to help with the enforcement of fence maintenance. With this addition, we will be able to
address fences in need of repair such as those pictured below.
Additional materials have also been added to Section D, “Materials”. The purpose for adding materials to
the “prohibited materials” list is to prevent sharp objects from being affixed to the top of a fence in an
effort to injure someone climbing a fence. This change was specifically requested by public safety
personnel. Security fencing such as a chain link fence with the barbed wire top like that used at the waste
water treatment plant would still be allowed by exception from the Zoning Board of Adjustments.
At the February 1st, 2007 Planning and Zoning Commission Meeting, the Commission
unanimously recommended approval of this amendment.
Attached: 1. Images
2. Ordinance
37
Examples of fences in need of repair that this ordinance change would allow us to address.
38
39
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER
13 OF THE CODE OF ORDINANCES, ENTITLED ZONING, ARTICLE VII, ENTITLED
DEVELOPMENT AND DESIGN STANDARDS, BY AMENDING SECTION D, ENTITLED
MATERIALS, AND SECTION L, ENTITLED MAINTENANCE AND REPAIR ON NON-
LIVING MATERIALS; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING AN AMENDMENT TO ARTICLE VII OF CHAPTER 13; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule
Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS the Town adopted Chapter 13, Article VII, Section D, entitled “Material” and Section
L, entitled “Maintenance and Repair of Non-Living Material” establishing regulations governing the
construction, regulation and permitting of Fences and Retaining Walls; and
WHEREAS, the Town Council’s purpose for adding materials to the “prohibited materials” list is a
matter of public safety, it was necessary to make certain changes to Section D and L of Article VII of
Chapter 13 of the Code of Ordinances; and
WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy
Club, Texas at a properly posted meeting, the Town Council now deems it necessary to adopt this
Ordinance amending the Code of Ordinances of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article VII, entitled “Development and Design Standards” of Chapter 13 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Section D entitled
“Materials” and Section L entitled “Maintenance and Repair of Non-Living Material” read in their
entirety as follows:
D. Materials:
1. Acceptable Materials:
40
a. Brick, stone, wrought iron or wood are allowed in accordance with the
requirements of the applicable zoning district.
b. Architectural-grade metal, decorative pre-cast embossed concrete, concrete
masonry unit with decorative facing, colored and embossed poured-in-place
concrete, a combination thereof, vinyl or similar materials shall be submitted for
consideration to the Planning & Zoning Coordinator or their designee prior to
fence permit approval.
i. Prior to the approval of items listed in D(1)(b) above, detailed plans
indicating the height, width, and design shall be submitted for review and
approval. Additional information shall be provided to substantiate
compliance if requested.
2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other materials
shall be prohibited including but not limited to, broken glass, nails, screws or wire or any
sharp object affixed to a fence in a manner that may cause injury to or prevent
emergency personnel from climbing such fence in an emergency. Nails or screws used
in a normal construction manner are not prohibited by this section.
L. Maintenance and Repair of Non-Living Material
All required screening materials shall be maintained and repaired in a neat and orderly manner at
all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or
plants not a part of the screening or landscaping. Fences, walls and animal runs must be
maintained in their original design and placement. The maintenance and repair of any fences,
wall or animal runs shall be constructed of the same materials as the existing fence, wall or
animal run.
A. All screening materials, fences, walls, outdoor animal runs, and retaining walls shall be
maintained in a neat and orderly manner and in sound condition and good repair at all
times.
1. All fences, walls, screening materials and animal runs must be maintained in
their original design and placement.
2. The maintenance and/or repair of any screening material, fence, wall or animal
run shall be constructed of the same materials as the existing screening material,
fence, wall or animal run.
B. When a fence, wall, or outdoor animal run is declared by the Building Official or his
designated representative to be dilapidated or hazardous, the Building Official, or his
designated representative shall order the occupant, owner, or inhabitant of the property
to remove or repair the screening material, fence, wall, or outdoor animal run to a sound
condition.
1. Dilapidated shall include, but not be limited to, screening materials, fences, walls,
or outdoor animal runs that have broken or missing planks or portions, or that are
out of alignment by more than one foot (1’) of height measured at the posts.
2. Areas adjacent to screening areas, fences and walls shall be maintained in a
clean manner, and shall be free and clear of all debris, trash and weeds, and
other such materials or plants not a part of the screening or landscaping.
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3. It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to remove or
repair a fence, screening material or wall in accordance with this provision within ten (10)
days of a written order issued under this section, unless otherwise approved by the Building
Official or his designated representative.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Materials
and Maintenance and Repair on Non-Living Materials and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of
this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed or amended Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinance affecting Materials and Maintenance and Repair on
Non-Living Materials regulations which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not
less than One Dollar ($1.00) and not more than Two Thousand Dollars ($2,000.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption,
Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication as
provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 16th day of April 2007.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an Ordinance amending
Chapter13, Zoning, Article VII, Development & Design Standards, Section
D, "Materials" and Section L, "Maintenance and Repair of Non-Living
Material". (ADM-07-027)
RECOMMENDATION:
The Planning & Zoning Commission voted unanimously at their February 1, 2007
meeting to recommend approval of this amendment to the Town Council.
(sld)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to a request for Meritorious
Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and
Institutional Signs" of Chapter 5, "General Land Use", for one additional
Development Sign for Turnberry at Trophy Club subdivision, to be located
at Lot 6, Block A. Applicant: First Graphic Services, Inc.
STAFF COMMENTS:
At their April 5, 2007, the Planning and Zoning Commission unanimously recommended
approval of this request.
Per the Town’s sign code, only one (1) development sign is permitted per
project/premise.
Sign Type Number Size Height Duration Zoning District
Development 1 per project/premise 32 sq ft 5 ft 90% of all
lots/houses sold
All Districts
The development already has one sign located at Lot 58, Block B. The applicant is
requesting one additional sign to be located at Lot 6, Block A.
(sld)
Attachments: 1. Sign Permit Application
2. Sign Diagram
3. Location Map
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding the Highlands at Trophy
Club Development and Public Improvement District Petition.
EXPLANATION:
The Developer has indicated the estimated cost of the authorized improvements has changed and that
they will be submitting a revised petition by the end of this week. The public notice will be published on
April 20th, 2007. Depending on the cost, this item may be tabled until the May 7th meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Petition received on March 16th, 2007
2. Notice of Public Hearing – Published on March 23rd, 2007
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding the Highlands at Trophy
Club Development and Public Improvement District Agreement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None – The latest draft will be sent under separate cover.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.5
Discuss and take appropriate action relative to the interlocal agreement
between the Town and the Trophy Club MUDs to provide wholesale water,
wastewater treatment, and distribution, collection, maintenance and billing
services and options available to the Town for providing water and
wastewater services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None - The latest draft will be sent under separate cover.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action relative to an Ordinance repealing
Chapter 3, Article XV of the Code of Ordinances, entitled "Swimming
Pools" and adopting a new Article XV of Chapter 3 regulating swimming
pools within the Town.
EXPLANATION:
To provide for easier review, the changes from the ordinance currently in place are
highlighted in yellow and the changes made since the last meeting are shown with red
type. These changes will allow code enforcement to abate stagnant water in swimming
pools designed to contain 24” or more of water. This will prevent its application to kiddie
pools, but enable the abatement of stagnant water in the larger pools regardless of the
depth of the water at the time of violation.
(bg)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE CODE
OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY REPEALING
ARTICLE XV, ENTITLED “SWIMMING POOLS” OF CHAPTER 3 OF THE CODE OF
ORDINANCES, ENTITLED “BUILDINGS AND CONSTRUCTION”, AND ADOPTING A
NEW ARTICLE XV, ENTITLED “SWIMMING POOLS” OF CHAPTER 3 OF THE CODE
OF ORDINANCES; PROVIDING “DEFINITIONS”; PROVIDING APPLICABILITY AND
PROHIBITED CONDUCT; PROVIDING NEW PROVISIONS FOR SWIMMING POOLS;
ADOPTING PROVISIONS TO PROVIDE FOR NOTICE OF VIOLATION; BY
ADOPTING PROVISIONS TO PROVIDE FOR ABATEMENT; PROVIDING FOR THE
INCORPORATION OF PREMISES; BY PROVIDING AN APPEALS SECTION;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule
municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution; and
WHEREAS, on June 20, 2005, the Town Council adopted Ordinance No.2005-15, establishing
“Swimming Pool Regulations” for the Town of Trophy Club, Texas; and
WHEREAS, Town staff has recommended an update to Ordinance No. 2005-15 which is codified
in Article XV entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances entitled “Buildings and
Construction” in order to be consistent with current law and standards regulating swimming pools and in
order to protect the health, safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the need for proper
construction and maintenance of swimming pools and the need to protect citizens and other members of
the public from the dangers inherent in the use of swimming pools within the Town; and
WHEREAS, the Town Council has determined it appropriate to repeal the existing Article XV of
Chapter 3 and adopt a new Article XV that incorporates the changes recommended by staff to enhance
enforcement; and
WHEREAS, the Town Council hereby finds that the regulations established herein are in the best
interest of the health, safety and general welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
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2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended, so that Sections 15.01 through 15.08 read as follows:
Article XV
Swimming Pools
Section 15.01 Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to
them:
Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if partly
above and partly below-ground, the top of the receptacle basin is at least twenty-four inches (24”) above
ground.
In-Ground Swimming Pool: A structure intended for swimming or recreational bathing that contains
water over twenty-four inches (24”) deep and has a capacity of over seven hundred (700) gallons that is
dug into the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or receptacle
set aside primarily for use by children with a depth no greater than twenty-four inches (24”).
Non-Maintained: The failure to keep water clean, bacteria and insect free by chemical or mechanical
means.
Permitting Department: The Permitting Division of the Community Development Department of the
Town of Trophy Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or any other entity recognized in
law.
Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs and
Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a health-care facility,
designed for immersion of users and usually having a filter, heater, and motor-driven blower. The spa is
intended for recreational bathing and contains water over twenty-four inches (24”) deep.
Stagnant: Standing or non-flowing water.
Swimming Pool: Any structure intended for swimming or recreational bathing that is designed to contain
water over twenty-four inches (24”) deep and has a capacity of over seven-hundred (700) gallons. This
includes inground, aboveground and on-ground swimming pools. As used in this Article the term is limited
to pools which are fitted with a filter for clarifying pool water, or which are designed to be fitted with a filter,
whether installed or not. The term shall not include facilities located inside a residence, storable pools
designed for seasonal setup and use which are stored at the end of the swimming season, or spas
installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in place at all
times when the spa is not in use.
Unsanitary: Not free from elements, such as filth or pathogens that endanger health and hygiene.
Section 15.02 Applicability and Prohibited Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter constructed,
erected, or maintained, and shall apply to all existing pools and spas which have a depth greater
than twenty four inches (24”) of water at any point, except as specifically prohibited in Subsection
F. It shall be unlawful for any person to violate any provision of this Article.
B. No person shall construct, erect, or maintain an aboveground pool.
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C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or
licensee, upon which is situated a swimming pool having a depth greater than twenty-four inches
(24”) or more of water at any point, shall fail to provide and maintain such fence or wall as herein
provided.
D. Any and all unfenced swimming pools existing at the time this Article is passed shall have ninety
(90) days to comply with the terms and requirements herein stated, from the effective date of this
Article.
E. Except as specifically provided herein, it shall be unlawful of any person, corporation, partnership
or other legal entity to construct, have constructed, or maintain any type of swimming pool without
having first procured a permit for the construction of same from the Permitting Department.
F. It shall be unlawful for any Person owning, leasing, claiming, occupying or having supervision or
control of any swimming pool, regardless of the depth of water it contains, within the corporate
limits of the Town, to permit or allow swimming pool water to harbor or be a breeding ground for
mosquitoes, flies, or other pests or which causes a foul odor or adversely impacts the public
health and safety by any means.
Section 15.03 Exceptions
A. Kiddie Pools or Wading Pools are exempt from the provisions of this Article except as specifically
provided herein.
B. Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a capacity of not more
than fifteen hundred (1,500) gallons shall be allowed above ground.
C. In lieu of the fence requirement in Section 15.04, rigid lock-down covers may be allowed for hot
tubs, whirlpool baths and tubs, Jacuzzi-type baths and tubs, and spas, provided that prior
approval is given through the fence permit application process and further provided that the cover
is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub,
and/or spa is not in use.
Section 15.04 Swimming Pools
A. Swimming Pool Permit Application
The following information shall be required for each swimming pool permit application:
1. Applicant’s name and address.
2. If person represents a corporation, partnership or other legal entity, the address of the president
or registered agent of the entity.
3. Name of the foreman or contractor in charge of construction.
4. Name of the owner of the property.
5. Address of the location where swimming pool is to be constructed.
6. Size of swimming pool.
7. Approximate value.
8. Two (2) site plans showing the location of swimming pool in relation to the property lines with the
distance indicated from the pool to any structures and to the property boundaries. All
measurements shall be from the pool structure itself and not from the water’s edge and also show
property setback lines, drainage plan, location of any and all drainage and/or public utility
easements, and the location of required and/or existing fence.
a. Fence permit, if applicable.
B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance of a
permit and the commencement of construction of a swimming pool.
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C. Fence Requirements
1. Permanent Fence
Before a swimming pool, hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub, and/or spa is
filled with water, a permanent fence shall be erected surrounding the pool, which shall conform to
the International Building Code, as adopted and amended by the Town.
a. The Pool Contractor or other person constructing a pool is responsible for the construction of
a permanent fence that complies with this Article and all other applicable regulations. The
property owner is responsible for the maintenance of a permanent fence that complies with
this Article and all other applicable regulations.
b. It shall be unlawful to maintain any swimming pool, hot tub, whirlpool bath and tub, Jacuzzi-
type bath and tub, and/or spa in the corporate limits of Trophy Club, which is not fenced in
accordance with the requirements of this section and all other applicable Codes.
2. Temporary Fence
Prior to commencement of and during the construction of a swimming pool, a temporary fence
shall be erected and maintained around the swimming pool construction site, which shall limit
access to the construction site at all times except when construction is actually in progress. The
top of the temporary fence shall be at least four feet (4’) in height. The wall of a dwelling may
serve as part of the fence.
a. All inspections will be canceled if a temporary fence is not installed on the job site and a re-
inspection fee will be assessed in an amount set by the Town’s Schedule of Fees. Continued
failure to enclose the site with a temporary fence may result in a citation being issued to pool
contractor.
D. Form Survey Required
A form survey shall be submitted and approved by the Building Inspector prior to calling for the first
inspection.
E. Certificate of Completion
Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the following
inspections:
1. Belly steel and ground steel
2. Deck steel and ground
3. Gas line inspection (if applicable) and P-Trap/Backwash inspection.
a. Before the backwash, P-Trap & gas line are covered in any way, those items shall be
inspected and approved. All pools shall have a p-trap and backwash line connected to the
sanitary sewer.
4. Drainage Survey
The pool final inspection will not be approved if the Inspector determines that the grading and
drainage of the lot is not in compliance with the approved drainage plans for the subdivision. If the
inspector cannot determine the lot water flow, an engineered survey shall be required.
5. Final inspection, including the fencing.
a. At the final inspection, all local requirements, state requirements and Town-approved building
codes must be met.
F. Lighting
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All lighting of a swimming pool shall be shielded or directed to face away from adjoining residences. If
lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so
designed, that direct rays from the lights shall not be visible from adjacent or contiguous properties.
G. Licensed Contractor
All electrical and plumbing work shall be performed by licensed contractors in accordance with the
requirements of the Town-approved Building Code, as amended, and all other applicable codes or
regulations.
H. Location
All swimming pools, to include but not limited to kiddie and wading pools, shall be located within the rear
yard and shall not encroach upon any identified easement.
I. Draining of Swimming Pools
On any new swimming pool permitted on or after June 24, 2005, all backwash or drainage from a
swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by
means of an air break discharging into a tail piece installed a minimum of 6” or 152 mm above adjacent
grade. The tailpiece shall be connected to a minimum 3” or 76 mm p-trap not less than 12” (304 mm)
below grade which discharges into the yard cleanout riser.
1. Owners of existing pools (pools built or permitted prior to July 1, 2005) are not required by this
Article to retrofit the pool equipment and tie into the sanitary sewer.
J. Screening
All swimming pool equipment shall be screened from the view of the public and from the view of adjacent
private properties.
K. Clarity of Water
1. The water in all private swimming pools within the Town shall be of sufficient clarity such that the
bottom of the swimming pool is visible to the naked eye. In order to help achieve this objective,
each swimming pool shall have a minimum free residual chlorine of one (1) part per million.
2. In addition, it shall be unlawful for swimming pool water to have an acid reaction to a standard pH
test.
3. All pools shall be treated, altered or maintained so as to prevent the development of Unsanitary
condition.
4. Pools under construction or which are no longer being operated shall be maintained in a manner
so as to prevent the development of Unsanitary conditions, potential injury, or possible drowning.
5. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There shall be no
direct physical connection between the sewer system and any drain from the swimming pool or
circulation system.
6. Alternative equivalent methods of wastewater disposal may be approved by the Director of
Community Development if the Director finds that the alternative method of disposal proposed
would not create a public health hazard or public nuisance or violate any ordinance, state or
federal law, rule or regulation. Wastewater disposal which creates a public health hazard or public
nuisance is prohibited.
L. Equipment
No pool equipment shall be placed within required or established front yard or within any identified
easement. Equipment necessary for or related to the operation of the pool shall not be affixed to any
required perimeter fence or common fences between property owners.
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Section 15.05 Notice of Violation
A. In the event that any Person owning, claiming, occupying or having supervision or control of
any swimming pool within the corporate limits of the Town fails to comply with the provisions
of this Article, the Town shall give at least ten (10) days notice in writing to such person
identifying the provision of the Article violated and notifying the Person of the ten (10) day
period for remediation of the violation. Such notice shall be given:
1. Personally to the owner in writing; or
2. By letter addressed to the owner at the owner’s post office address or to the owner’s
address shown on the last approved tax rolls of the Town; or
3. If personal service cannot be obtained or the owner’s post office address is unknown;
a. By publication at least twice within ten (10) consecutive days; or
b. By posting the notice on or near the front door of each building to which the violation
relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates, if the property contains no building.
B. If the owner of property fails or refuses to comply with the provisions of this Article within ten
(10) days of notice of a violation, the Town may go upon such property and do so or cause to
be done the work necessary to obtain compliance with this Article, and may pay for the work
done or improvements made and charge the expenses incurred in doing or having same
done to the owner of such property.
C. The charges provided for in this Article shall be levied, assessed and collected by the Town
of Trophy Club, Texas. In the event the owner of said premises upon which work was done
and charges were incurred fails or refuses to pay such charges and expenses within thirty
(30) days after the first day of the month following the one in which the work was done, the
Mayor or his designee shall file or cause to be filed with the county clerk of Denton County, a
statement by the Town Secretary setting out the expenses that the Town has incurred
pursuant to the provisions of this Article, and the Mayor or his designee shall thereby perfect
a privileged lien on the property involved, second only to tax liens and liens for street
improvements to secure the expense incurred; together with ten percent (10%) interest from
the date such payment was due. For any such expenditures and interest, as aforesaid, suit
may be instituted and foreclosure had in the name of the Town of Trophy Club, and the
statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the
amount expended for any such work or improvements.
Section 15.06. Abatement
A. The Town may abate without notice the following:
a. Any violation of the fencing requirements of this Article that adversely impacts the public
health and safety by any means by posing an immediate threat or hazard.
d. Unsanitary swimming pool water that adversely impacts the public health and safety by
any means by posing an immediate threat or hazard.
B. Not later than the tenth (10th) day after the date the Town abates the unsanitary swimming
pool water under this section, the Town shall give notice to the property owner in the manner
required by Section 15.05(A).
C. The notice shall contain:
a. An identification, which is not required to be a legal description, of the property.
b. A description of the violations of this Article that occurred on the property.
c. A statement that the Town abated the unsanitary swimming pool water; and
d. An explanation of the property owner’s right to request an administrative hearing about the
Town’s abatement.
E. The Town Manager or the Manager’s designee shall conduct an administrative hearing on
the abatement under this section if, not later than the thirtieth (30th) day after the date of the
abatement, the property owner files with the Town a written request for a hearing.
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F. An administrative hearing conducted under this section shall be conducted not later than the
twentieth (20th) day after the date a request for a hearing is filed. The owner may testify or
present any witnesses or written information relating to the Town’s abatement.
G. The Town may assess expenses and create liens under this section as it assesses expenses
and creates liens under other provisions of this Article.
H. The authority of the Town described by this section is in addition to the authority granted by
Sections 15.05 and 15.08.
Section 15.07 Appeals
Any person aggrieved by the terms of this Article or the interpretation, application, or enforcement of this
Article other than Section 15.06 by the Building Official shall have the right to appeal any action of the
Building Official taken pursuant to this Article. Any such appeal shall be brought, by written application,
filed by an interested party, to the Director of Community Development within ten (10) days following the
action of the Building Official, which is the subject of the appeal. Enforcement of this Article shall be
stayed pending such appeal, except that such appeal does not stay the owner or applicant’s requirement
to comply with temporary fencing regulations specified herein or as specified by other applicable laws,
during the appeal period. In hearing such appeals, the Building Board of Appeals shall review the
determination of the Building Official and, in so doing, may consider whether or not the regulations and
standards of this Article will, by reason of exceptional circumstance or surroundings, constitute a practical
difficulty or unnecessary hardship. The decision of the Building Board of Appeals shall be final.
Section 15.08 Penalty
It shall be unlawful for any person to violate any provision of this Article, and any person violating or
failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than
Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 1995-12 is hereby repealed in their
entirety respectively. Ordinances or parts thereof in force at the time this Ordinance shall take effect and
that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with
this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or
has arisen under or pursuant to Ordinance No. 1995-12, on the date of adoption of this Ordinance shall
continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall
remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinance affecting swimming pool regulations which have
secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
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Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not
more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption,
Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance in the ordinance records of the Town and as required by Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication as
provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the _____ day of _______
2007.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.7
Discuss and receive input regarding the impounding of uninsured vehicles
and the adoption of either an ordinance or policy for impounding uninsured
vehicles from the streets of Trophy Club.
EXPLANATION:
Included for your consideration is a memo from Chief Kniffen summarizing the towing
policies currently utilized by Haltom City, Nocona, Jacksonville and Plano. The memo
also outlines the impact of a towing policy on Police Department operations.
Additionally, ordinances from Tyler and Gladewater are included for your review. Based
upon our research, most cities addressed this issue via a police department policy.
Rockwall’s policy and resolution were received on April 10 after the preparation of this
agenda item; however, they are attached for your reference. The Rockwall Resolution
authorizes the police department to have a policy for the towing of uninsured motor
vehicles.
The Tyler ordinance authorizes the police department to adopt a city-wide policy for
towing where the driver either fails to maintain or cannot present proof of financial
responsibility. The Gladewater ordinance actually adopts a policy. The policy requires
the officer to give a warning if he cannot determine that a previous conviction exists for
driving without insurance or if a a previous warning for driving without insurance has
been issued. The warning is to notify the driver that future operation of the car without
financial responsibility will result in impoundment of the car. However, if the officer
determines that the driver has previously been convicted of operation a vehicle without
financial responsibility or received prior warnings, the officer has the discretion to
impound the vehicle. The policy also mandates the towing of vehicles involved in
accidents when an officer determines that one or more of the vehicles involved in the
accident was operated without financial responsibility. The Gladewater ordinance
requires the officer to take reasonable steps to provide for the safety of the driver and
occupants, including transporting the driver and occupants to a safe place or calling a
friend or relative.
RECOMMENDATION:
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ACTION BY COUNCIL: Staff requests direction on development of either an ordinance
or a departmental policy on the towing of uninsured vehicles.
(sk)
Attachments: 1. Information Memorandum
2. Sample Policies
3. Sample Ordinances
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action to approve financials and variance
report dated March 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
114
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.9
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Items for Future Agendas:
1. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
2. Review of the Property Maintenance Ordinance.
3. Discussion about storm water discharge from pools.
4. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park.
5. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System
6. Research grant possibilities regarding phase two street calming/sidewalks.
7. Discuss and take appropriate regarding using the Trophy Club Times as the Town’s newsletter.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.D.10
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
a) Town Council report from EDC 4A Liaison, Council member Edstrom.
b) Town Council report from EDC 4B Liaison, Council member Sterling.
c) Town Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.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 relative to The Highlands At Trophy Club Development
and Public Improvement District Agreement.
(2) Legal advice relative to the interlocal agreement between the Town and
the Trophy Club MUDs to provide wholesale water, wastewater treatment,
and distribution, collection, maintenance and billing services and options
available to the Town for providing water and wastewater services.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to Executive Session Item
Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-16-2007
Subject: Agenda Item No.F.1
Adjourn.