Agenda Packet TC 01/22/2007 - Amended 1
AMENDED
Town of Trophy Club
Town Council Public Hearing/Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, January 22, 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 Discuss and take appropriate action regarding a Proclamation recognizing
Founder's Day in Trophy Club.
A.5 Town Council to announce the "Citizen of the Year for 2006" and to present a
certificate of recognition to the recipient.
A.6 Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 18, 2006.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 8, 2007.
B.3 Consent Agenda: Discuss and take appropriate action regarding an Interlocal
Agreement between the Town and Denton County for the rental of Election
equipment for the May 12, 2007 Election.
C.1 Public Hearing: Hold the first public hearing to consider the involuntary
annexation and service plan for approximately 21.1346 acres in the M. Medlin
Survey, A-832. 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.
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D.1 Discuss and take appropriate action on a request for Preliminary Plat approval
for an approximate 147.509 acre tract of land generally described as R. Allen
Survey, Abstract No.5; R. Allen Survey, Abstract No. 17; J. Eads Survey,
Abstract No. 392; J Henry Survey, Abstract No. 529; W Medlin Survey, Abstract
No. 829, and J. Michael Survey, Abstract No. 820, known as The Highlands at
Trophy Club, Neighborhoods 3 & 4. Applicant: Carter & Burgess, Inc., authorized
agent of K. Hovnanian Companies and Standard Pacific Homes. (PP-06-012)
D.2 Discuss and take appropriate action on a request for Preliminary Plat approval
for an approximate 19.231 acre tract of land legally described as J. Henry
Survey, Abstract No. 529, known as The Highlands at Trophy Club,
Neighborhood 9. Applicant: Carter & Burgess, Inc., authorized agent of 831
Trophy L.P. (PP-06-014)
D.3 Discuss and provide input relative to an amendment to Chapter 1 of the Code of
Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule
of Fees", regulating Parks and Recreation Use Fees.
D.4 Discuss and take appropriate action regarding the calling of a potential Charter
Amendment Election in May 2007 and Charter amendments to be submitted to
the voters.
D.5 Items for Future Agenda.
D.6 Discuss and take appropriate action to approve the financials and variance report
dated December 2006.
D.7 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 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
E.1 Adjourn
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
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: 1-22-2007
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
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: 1-22-2007
Subject: Agenda Item No.A.4
Discuss and take appropriate action regarding a Proclamation recognizing
Founder's Day in Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2007-
FOUNDER’S DAY 2007
WHEREAS, Articles of Incorporation for the Town of Trophy Club were filed on
January 19, 1985, and the Town is now celebrating its 22 anniversary; and
WHEREAS, since the Town’s incorporation the population has grown from 1,320
to 7,621; and
WHEREAS, observance of the occasion provides us the opportunity to express
the appreciation our community feels for the many valuable contributions made by the
Town’s Founders and volunteers who worked consistently and successfully to improve
the quality of life for the members of our community; and
WHEREAS, many of the Founders of this community as well as current residents
contribute to the well-being and welfare of fellow citizens by giving tirelessly of their time
and energy without desire for recognition, remuneration, or personal gain; and
WHEREAS, the Town has progressed a long way in the last several years,
particularly in the areas of Parks and Road quality, thanks to individuals, advisory
groups and civic organizations that have worked quietly on behalf of the town and
WHEREAS, each individual has some special contribution to offer for the benefit
of others, and his or her services are needed by the Town and its citizens to improve
community service and meet human needs where they exist.
NOW, THEREFORE, I do proclaim January 22, 2007 as Founder’s Day 2007,
extending on behalf of the Town Council and all of our citizens our recognition and
appreciation for the valuable contributions made by the Town Founders, citizens and
volunteers and urge all citizens to participate in and support the various programs and
projects of our community.
Passed and approved by the Town Council of the Town of Trophy Club, Texas,
this 8th day of January, 2007.
______________________________
Mayor,
Town of Trophy Club, Texas
ATTEST:
______________________________
Town Secretary,
Town of Trophy Club, Texas
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Town
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.A.5
Town Council to announce the "Citizen of the Year for 2006" and to present a
certificate to recognition to the recipient.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Nominations
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Nominee Nominated By
Sheree
Gardner
Michelle
Lawrence
Sheree
Gardner Jan Pearson
Sheree
Gardner Tevilla Riddell
Barbie Kadow Adam Adams
Steven Kohs Jim Moss
Steven Kohs Neil Twomey
Steven Kohs Greg Hillman
Steven Kohs Johnny Beasley
Steven Kohs Karen Passiak
Bernice Smith Mike Mlinac
Bernice Smith Kelly Bradley
Bernice Smith Mary King
Neil Twomey Steven Kohs
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.A.6
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: 1-22-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 18, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Minutes dated December 18, 2006
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MINUTES OF WORK SESSION/PUBLIC HEARING AND REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 18, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and Regular
Session on Monday, December 18, 2006. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
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
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
A.1 Mayor Sanders called the meeting to order at 6:30 p.m. noting a quorum was present.
Mayor Sanders announced that Irma Thomas’ father passed away on Friday. Jim and Irma have been
long time residents and Jim serves as a Director on the MUD Board.
A.2 Work Session: Discuss and review items posted to the December 18, 2006 Agenda, including but
not limited to Item D. 7.
Brandon Emmons pointed out the following clerical corrections needed in the Handbook for Elected and
Appointed Officials; delete the duplicate and a Town Staff liaison from the last paragraph under
Introduction, omit Channel 7 from the cable’s public information under Posting Requirements, change the
#1 to a bullet under Effective Meetings and correct the typo under Statement of Purpose by separating
Clubare. As requested by Council a section regarding Code of Ethics and Conduct was added, including
a process for a formal complaint to be submitted when a violation of the handbook is suspected.
Council member Lamont felt the time requirement as referenced under Procedure for Enforcement was
too vague. Mayor Sanders suggested that approximate time of day be inserted.
Council member Lamont was concerned the language under Procedure for Enforcement, implies no
action will be taken for a complaint that does not meet all of the requirements. Council agreed until such
time the Town Secretary can determine that the complaint meets the requirements of this section could
be added to the end of the following; Alternatively, if the complaint does not meet all of the requirements
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set forth in the preceding paragraph, then the Town Secretary shall notify the Complainant in writing of
the nature of the deficiency and no further action by the Town Secretary or Council shall be necessary.”
Mayor Pro Tem Williams suggested Advisory Group be included every time Committee and Board is
mentioned and confirmed the Council’s consensus that the acknowledgement forms be returned within 30
days.
Town Manager Emmons said the Rules of Procedure will not be retroactive; any violations prior to the
effective date are unenforceable.
Town Manager Emmons called Council’s attention to Item D.7, because of the time line, the Resolution
includes two dates for a Public Hearing, which requires a special called session on 1/29. This will result in
meetings on 1/22, 1/29 and 2/5. The only item on 1/29 will be the Public Hearing and no action will be
taken, however, we will still need to have a quorum. Emmons updated that Staff has notified the property
owners of the intent to annex.
Mayor Pro Tem Williams questioned if the Town has to put any money for Item D.5 and if we are moving
too fast. Town Manager Emmons advised that no funds were required at this time; any associated costs
will be brought before Council at that time. Emmons commented that going too fast is relative
considering the project is of this magnitude. Mayor Sanders added that the Master District expressed
concern this is moving too fast and it was suggested that we should wait until Fort Worth lets us know
there is a problem. Sanders spoke to the validity of Westlake wanting the water and said we should try
and negotiate a lower rate.
Workshop concluded at 6:55 p.m. Mayor Sanders called a 3 Minute recess.
Town Council reconvened into Regular Session at 7:00 p.m.
A.3 Mayor Sanders gave the Invocation.
A.4 Council member Lamont led the Pledges.
A.5 Citizen presentations.
Mayor Sanders explained the way for a citizen to sign up to address the Council is to complete the
Speaker Registration Form in its entirety, indicating the subject and checking whether they are for or
against.
Pauline Twomey, 203 Oakmont Drive – Spoke to Council member’s Lamont comments at the December
14, 2006, MUD Master District meeting.
Sanders made a statement encouraging citizens and Town Officials to use the Public Forum and
meetings as designed and prescribed in the policies.
A.6 Discuss and take appropriate action regarding a Proclamation congratulating NISD Cheerleading
Squad for their First Place Win in the Grapevine NCA Spirit Competition and wishing them luck
competing in the Nationals.
Motion made by Edstrom, seconded by Cates to approve the Proclamation.
Mayor Sanders read the Proclamation and members of the Cheerleading Squad introduced themselves.
Motion passed unanimously.
A.7 Discuss and take appropriate action regarding a Proclamation congratulating Medlin Middle
School for being named among the top 574 public schools in Texas.
Mayor Sanders read the Proclamation and introduced Medlin Principal Robin Ellis.
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Motion made by Williams, seconded by Edstrom to approve the Proclamation.
Robin Ellis thanked the Town for allowing their students to participate in fund raising events and
commended Fire Chief Thomas and SRO Mike Conklin for being wonderful resources.
Motion passed unanimously.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Council member Edstrom removed Item B.1
Council member Cates removed Item B.2.
Motion made by Williams, seconded by Edstrom to approve the Consent Agenda, Item B.3 and B.4.
Motion passed unanimously without further discussion
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 20,
2006.
Council member Edstrom made a motion to amend “P & R Board Chairperson, Pauline Twomey
recommended” to “P & R Board Chairperson, Pauline Twomey provided the recommendation of the
Parks and Recreation Board,” seconded by Sterling.
Council member Sterling requested that his comments under Item D.12 be changed from also
appreciates to would appreciate. Council member Edstrom agreed to the change.
Motion passed unanimously.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 4,
2006.
Council member Cates made a motion requesting that her comments under D.2 be changed to and the
proceeds be used to purchase the appropriate necessary parkland from other entities, Lamont
seconded.
Motion passed unanimously.
B.3 Consent agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter
7 of the Code of Ordinances entitled "Municipal Court " by repealing Article I, Section 1.05 entitled
"Appointment of Clerk" and Article II, Section 2.01 entitled "Appointments" and adopting a new
Section 1.05 to provide for the appointment of a Municipal Court Clerk and Deputy Clerks and a
new Section 2.01 to re-appoint and extend the term of the current Presiding and Alternate Judges
to January, 2009.
B.4 Consent Agenda: Discuss and take appropriate action regarding a Resolution directing
publication of notice of intention to issue combination Tax and Revenue Certificates of Obligation
Series 2007 for Harmony Park reconstruction and improvement loan with the payments being
funded by EDC 4A; and authorizing the execution of all necessary documents.
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: Consider a request for Site Plan approval for an approximate 1.0582 acre tract of
land known as the Golf Maintenance Facility, located directly to the east of the Wastewater
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Treatment Plant and south of the Town's northeastern city limit. Applicant: George H. Ballans,
GHB Enterprises, authorized agent for Beck Properties. (SP-06-007)
Public Hearing Opened at 7:25 p.m.
Planning and Zoning Chairman, Gene Hill provided The Trophy Club Country Club is planning to relocate
its maintenance facility. The facility is currently located within the Waters Edge zoning district, and as
development nears, the site must be moved. Due to the use of the property, a site directly abutting the
Treatment Plant to the east was selected for the new maintenance facility location. The applicant is not
proposing public use, access will be limited to that of club maintenance personnel and will be generally
unnoticeable from current and future public areas. ZBA approved the variance request on December 5.
On December 7, the Planning and Zoning Commission, by a vote of 5 – 0 (2 absent), recommends the
Town Council approve approval for an approximate 1.0582 acre tract of land known as the Golf
Maintenance Facility.
No one addressed council.
Public Hearing Closed at 7:29 p.m.
TOWN COUNCIL RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action relative to a request for Site Plan approval for an
approximate 1.0582 acre tract of land known as the Golf Maintenance Facility, located directly to
the east of the Wastewater Treatment Plant and south of the Town's northeastern city limit.
Applicant: George H. Ballans, GHB Enterprises, authorized agent for Beck Properties. (SP-06-
007)
Motion made by Sterling, seconded by Williams to approve.
Mayor Pro Tem Williams commented there should be little discussion considering ZBA approved all of the
changes.
Motion passed unanimously without any discussion.
Mayor Sanders requested Item D.3 come before D.2. Council did not object.
D.2 Discuss and take appropriate action regarding a request for Preliminary Plat approval for an
approximate 449.868 acre tract of land legally described as R. Allen Survey, Abstract No. 5; T.
Allen Survey, Abstract No. 7; T. Allen Survey, Abstract No. 8; R. Allen Survey, Abstract No. 17; T.
Calloway Survey Abstract No. 272; J. Henry Survey, Abstract No. 529 and J. Michael Survey,
Abstract No. 820, known as The Highlands at Trophy Club, Neighborhoods 1, 2, 5, 6 & 7.
Applicant: Carter & Burgess authorized agent of 831 Trophy, L.P. (PP-06-007)
Gene Hill Planning & Zoning Commission unanimously approved the Preliminary Plat at their December
7, 2006 meeting, contingent on the above items to be reviewed by staff and the Town Engineer prior to
the Town Council Meeting. Mr. Hill advised the initial Preliminary Plat of PD-27, The Highlands at Trophy
Club was submitted to Town Staff on October 9, 2006 by Carter & Burgess, Inc., the Engineer/Land
Planner representing Owner/Developer Mehrdad Moayedi. Review comments from Town Staff and Town
Engineer Teague, Nall & Perkins were forwarded to Carter & Burgess on November 3, 2006. Carter &
Burgess addressed the Town’s comments and resubmitted the Preliminary Plat on November 17, 2006.
The Preliminary Plat with Staff comments on the second submission were brought before the Planning
and Zoning Commission in Regular Session on December 7, 2006. Mr. Jim Weigert of Carter & Burgess
was present to represent the developer, and Mr. Tom Rutledge of Teague, Nall & Perkins was present to
advise the Commission on behalf of the Town. As additional information, Mr. Hill provided Preliminary
Plats for Neighborhoods 3, 4, and 9 are currently being reviewed by Town Staff and Engineering and will
be on P&Z’s schedule in January 2007. These neighborhoods are to include 359 lots of 10,000sf and
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larger. With the additional lots, the development’s lot size ratios would be approximately 43.2% lots of
less than 10,000sf and 56.8% lots 10,000sf and larger.
On December 7, the Planning & Zoning Commission reviewed and discussed the Preliminary Plat
comments. The Commission determined several of the items were resolved by addition of notes to the
proper sheet exhibits. Discussion indicated that items concerning Sanitary Sewer Inverted Siphons, right-
of-way width of Marshall Creek Road West, preliminary drainage issues, and offsite traffic mitigation are
to be resolved in the Final Plat process.
Mr. Hill concluded the Planning and Zoning Commission comments, by a vote of 5 – 0 (2 absent),
recommends the Town Council approve the request for a Preliminary Plat of The Highlands at Trophy
Club, Neighborhoods 1, 2, 5, 6, and 7.
Town Manager Emmons thanked P & Z, the Town Engineer and Planner and staff for their review.
Emmons is confident the plat will meet the guidelines. Planning and Zoning Coordinator, Kerin Fleck
added since the Planning & Zoning Commission took action a revised plan has been received, the Town
Engineer has reviewed and the revisions are in line.
Motion made by Edstrom, seconded by Williams to approve.
Council member Lamont questioned the reduction of homes from the December 7th packet. Ms. Fleck
advised those were incorrect numbers that were from the April version.
Mayor Pro Tem Williams looks forward to the final plat with the real detail.
Council member Sterling thanked Chairman Hill for attending and presenting the two items.
Chairman Hill commented that there are 1,270 lots not including neighborhood 8.
Mayor Sanders advised that due to comments from Council members and MUD Directors Centurion is
exploring the possibility of turning neighborhood 8 into an active adult community.
Ms. Fleck introduced Town Planner, Tom Alves.
Mayor Sanders is concerned about adequate review time considering the large plat. Both Tom Rutledge
from Teague, Nall and Perkins and Tom Alves confirmed they have had sufficient time to review.
Sanders referred to plan sheet P4 and commented that neighborhood 7 has very deep lots and the home
sites were fairly close to the Gas Well. Sanders recognized the Developer’s right to name the streets and
formally requested they work with the property owners, builders and staff on street naming that would
follow the long time history of our golf course community.
Council member Sterling asked about a fencing or screening structure around the gas well sites. Mayor
Sanders responded the Town’s Zoning Ordinance covers this as 8 feet masonry and wood requirements.
Council member Lamont questioned if the final plat will address the road. Town Manager Emmons
advised that staff is working with engineers to develop this road.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with
the Texas Department of Public Safety for the use of office space at the DPS building; and
authorizing the Mayor or his designee to execute necessary documents.
Motion made by Edstrom, seconded by Lamont to approve.
Sergeant Clair Barnes of the Texas Highway Patrol was present and spoke on behalf of Captain Latham
stating the department enjoys being housed here in the Town and the Town’s cooperation.
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Mayor Sanders appreciates the DPS presence as it helps the safety in our Town.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding a License Agreement with American Society of
Composers, Authors and Publishers ("Society"), ASCAP.
Town Manager Emmons explained the Town should be licensed by ASCAP when playing music in a
public setting. This includes special events such as 4th of July and Christmas and has been expanded to
cover background music played at a public setting such as from a radio or CD. Emmons confirmed this
would be the first year.
Mayor Sanders questioned the background music on the Channel 7 broadcast. Council member Sterling
does not believe this agreement covers Channel 7 broadcast as music is not played in a continuous
stream. Sanders added a different type of licensing may be necessary for the Channel 7 broadcast.
Motion made by Edstrom, seconded by Cates to approve.
Council member Lamont questioned if the 4th of July and Arbor Day events are considered special events.
Council member Sterling moved to refer to the January 8th meeting, requesting clarification on the
licensing of Channel 7. Motion to refer died for lack of a second.
Mayor Pro Tem Williams questioned who regulates this. Mayor Sanders explained that is policed by each
entity. Council member Sterling added the fines are steep if you get caught playing music without a
license.
Mayor Pro Tem Williams requested staff research the areas in question and report back at the next
meeting.
Council member Edstrom suggested that they approve tonight and then take action on the other issues if
necessary.
Mayor Sanders questioned Town Manager Emmons about delaying until the research is complete. Town
Manager Emmons does not believe there is a sense of urgency with this item and feels the interpretations
of the exclusion listed under 1(A)(ii) will increase the fees suggested entering into the agreement which
can be amended at a later date if necessary.
Motion passed 4:1, with Sterling voting against.
D.5 Discuss and take appropriate action regarding a Resolution authorizing the Town Manager to
initiate a formal request to the Upper Trinity Regional Water District to begin discussions
regarding a second water supply for the Town.
Town Manager Emmons provided Upper Trinity is a water district composed of 25 municipalities in the
North Texas area, primarily in Denton County. The water district is owned and operated by the Board of
Directors which are chosen from the participating municipalities. In order for the Town to join or be
provided water from Upper Trinity, the Council has to take formal action approving the initiation of
negotiations. The Town of Westlake Board of Aldermen passed this Resolution on December 11, 2006.
Emmons pointed out Section 2 should read “That the Town Manager is further directed to continue the
Town’s partnership with the Town of Westlake.” Emmons advised this Resolution will not affect the
budget, no additional fund will be expended at this time and he will come before Council at the point funds
are needed.
Mayor Sanders questioned how long it will actually take to get water to the Town. Town Manager
Emmons estimated construction time to last two and half years. It is unknown how long it will take to
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secure permits to cross CORP property; best case scenario, two years from the time we begin discussion
to end of construction upwards of four or more years.
Mayor Sanders commented that Centurion agreed to provide an additional elevated storage facility. In
essence, Centurion is willing to put in the financial dollars to build the elevated storage in the PID. The
Highlands did not ask for annexation into the MUDs and the Town is forced to find the best way to
accomplish this. One option would be to apply the cost of the bond package in Upper Trinity which would
make the water rate less than the MUD rates.
Mayor Sanders asked the price the MUDs pay for water from Fort Worth compared to the raw price from
Upper Trinity. Town Manager Emmons answered Fort Worth’s cost without bonding is eleven cents more
than Trinity.
Motion made by Edstrom, seconded by Cates to approve.
Council member Lamont has talked to the developer working on the development off of I35W who lives in
the area who favors Fort Worth and encouraged the Mayor to call the Mayor of Northlake to discuss.
Council member Cates questioned future infrastructure and the demands it places on Fort Worth. Mayor
Sanders explained the MUDs have addressed this issue.
Council member Sterling asked about Roanoke’s interest. Town Manager Emmons explained Roanoke
uses Fort Worth and wells and are not interested. Sterling commented the Whereas clause that states
that the Town of Trophy Club currently purchases 100 percent of the Town’s drinking water supply from
the City of Fort Worth is not entirely true. Town Manager Emmons agreed and corrected the Whereas
Clause to read, 100% of the purchased water comes from Fort Worth and the Town is grateful to be a
Fort Worth wholesale water customer.
Edstrom amended the motion to include the changes to the Whereas Clause, the second agreed.
Motion passed unanimously as modified.
D.6 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2001-01
adopting a Board, Commission and Committees Handbook and adopting a new Municipality of
Trophy Club Handbook for Elected and Appointed Officials.
Motion made by Sterling, seconded by Williams to approve.
Council member Cates requested Council move into Executive Session for legal advice relative to free
speech issues and the legality of the restrictions. Town Attorney, Patricia Adams confirmed in the past
Council has moved into Executive Session at the request of a Council member.
Town Council convened into Executive Session at 8:32 p.m.
Town Council reconvened into Regular Session at 9:04 p.m.
Council member Sterling amended the motion to include all changes suggested in the Pre-Council
workshop, the second agreed.
Council member Lamont questioned the appropriateness for a member to initiate an individual
investigation as referenced under Adequate advance preparation for meetings and the difference
between research and an investigation. Mayor Sanders clarified that this section applies to a Council
member or Board member soliciting information from a vendor. Council member Cates expressed
concern due to time constraints; sometimes it is necessary for a Council member to initiate questions or
fact finding research.
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Motion amended by Mayor Pro Tem Williams, seconded by Lamont to delete the sentence However, it is
inappropriate for a member to initiate an “individual investigation” of an issue such as interviewing an
applicant.
Council member Edstrom and Sterling were not in favor of changing this section.
Motion to amend striking the sentence carried 3:2, with Edstrom and Sterling voting against.
Motion made by Cates, seconded Lamont to delete the entire section under Adequate advance
preparation for meetings.
Motion to strike the entire paragraph titled Adequate advance preparation for meetings, passed
unanimously.
Council member Edstrom feels it is sad that we have to have a handbook regulating how we speak and
would like to ensure residents of their ability to address the Council in a manner that is appropriate.
Council member Lamont pointed out the clerical issue under #15, the last sentence should read ability of
staff not to staff.
Both the mover and second agreed to this correction and to approve with all corrections noted during the
workshop session.
Motion made by Sterling, seconded by Cates to refer to the next meeting, incorporating all the changes.
Council member Sterling would like to wait to approve until all corrections have been made. Council
member Cates agreed and would like to see the Handbook in its entirety. Mayor Pro Tem
Williams and Council member Edstrom do not think that there are that many changes and believe
that this has been ongoing for too long. If necessary, additional clerical errors can be corrected
and submitted under the Consent Agenda.
Motion to refer failed 2:3 with Lamont, Williams and Edstrom voting against.
Motion to amend made by Williams, seconded by Lamont to change Section 3 of the Resolution to
become effective thirty days after passing.
Both mover and second agreed to make the effective date February 1, 2007.
Motion to amend passed unanimously.
Main motion with corrections as amended twice passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding a Resolution calling for and setting the dates, time
and place for two Public Hearings for the proposed annexation of an approximate 21.1346 acres
in the M. Medlin Survey, A-832 and directing the publication of public hearings as required by law.
Town Manager Emmons explained the law requires Council to pass a Resolution directing the publication
of public hearings calling for and setting the dates, time and place for two Public Hearings for the
proposed annexation of an approximate 21.1346 acres in the M. Medlin Survey, A-832.
Motion made by Williams, seconded by Edstrom to approve.
Motion passed unanimously without further discussion.
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D.8 Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of
America Securities to provide underwriting and related banking services for the Public
Improvement District Bonds related to the Highlands at Trophy Club.
Town Manager Emmons requested this item be referred until a later date. Emmons has forwarded this
document to Dan Almon, Financial Advisor at South West Securities with a few questions he would like
answered prior to presenting to Council.
Motion made by Edstrom, seconded by Lamont to refer to a future date.
Motion passed unanimously without any discussion.
D.9 Discuss and take appropriate action regarding a proposal by Beck Properties to resolve disputed
park land dedication matters, release of claims, proposed "charitable dedication" by Beck
Properties and matters related to the parkland dedication dispute and its resolution.
Town Manager Emmons recalled Council’s direction from the December 4th meeting requesting he
negotiate with Beck to determine how much park land Beck believes is still owed to the Town and how to
accomplish as a charitable dedication as proposed by Beck. After several discussions, Beck taking a firm
stance, requesting the Town signs a 20-80 form.
Motion made by Williams, seconded by Cates to approve.
Council member Cates questioned how the value was determined. Town Manager Emmons explained
value for parkland is set by the Town Council every year, based on a per acre price for undeveloped land
in Trophy Club. This land is based on the value set in 1998. The calculations are based on the value as
then compared to the appraised value today.
Council member Edstrom requested Council move into Executive Session for legal advice relative to the
Beck settlement proposal.
Town Council convened into Executive Session at 9:44 p.m.
Town Council reconvened into Regular Session at 9:58 p.m.
Council member Sterling requested the negotiations include Beck moving forward on the development of
the 26 acres at the front of the Town.
Williams amended his motion granting the Town Manager and Town Attorney the ability to accept the
offer, treat as a charitable contribution and to work out the agreement with the following guidelines; clearly
stating they are platted areas, indemnifying the Town, tying to the October 24, 2005 letter from Roger
Unger, delineating the property they will accept and omitting the MUD item. The second agreed.
Council member Edstrom requested staff be very diligent making sure all is correct.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action to approve financials dated October 2006.
Motion made by Edstrom, seconded by Williams to approve.
Motion passed unanimously without any discussion.
D.11 Discuss and take appropriate action to approve the financials and variance report dated
November 2006.
Motion made by Williams, seconded by Edstrom to refer.
21
Mayor Pro Tem Williams commented they have not had a chance to look at it yet, the variance report or it
was just provided.
Town Manager Emmons explained staff is making changes to the internal process in order to provide the
variance report to Council in a timelier manner.
Motion to refer passed unanimously without further discussion.
D.12 Items for Future Agenda.
Mayor Sanders suggested the list of items be numbered rather than bulleted.
D.13 Reports.
Town Manager Emmons gave his report.
Mayor Sanders advised of the next ASA shipment.
E.1 Adjourn.
Motion made by Sterling, seconded by Lamont to adjourn.
Meeting adjourned at 10:30 p.m.
_____________________________________ ____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
22
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 8, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, January 8, 2007.
23
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 8, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Joint Session and Regular Session on
Monday, January 8, 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
Scott Kniffen Police Chief
James Hicks President, EDC 4B
Doyle Nicholson Vice-President, EDC 4B
Larry Crosser EDC 4B, Board Member
Rebecca Shuman EDC 4B, Board Member
A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present.
Mayor Sanders introduced Joe Fackel and Bob Bolan from the Buxton Group.
A.2 Council member Sterling gave the Invocation.
A.3 Council member Edstrom led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation recognizing Honorable Jim Carter
for his service as a Denton County Commissioner.
Mayor Sanders introduced the Honorable Jim Carter and read the Proclamation.
Motion made by Edstrom, seconded by Williams to approve the Proclamation.
Motion passed unanimously without any discussion.
Mr. Carter treasures this award, as he is most proud of being the first Mayor of the Town of Trophy Club.
Carter encouraged the Town Council to dedicate their principals to the ones that were laid out during his
term as Mayor and during the incorporation of the Town.
24
A.5 Citizen presentations:
Joe Noblett, 240 Oakhill Drive – Is concerned about the variance request for 242 Oakhill and feels there
is lack of oversight on issuance of building permits.
Steve List, 101 Lakeside Drive – Spoke against Parks User Fees
David Jahn, 1 Gentry Court - Spoke against Parks User Fees
Lucas Reed, 4 Winstead Court - Spoke against Parks User Fees
Wade Mullis, 20 Meadow Ridge Drive - Spoke against Parks User Fees
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1.
Motion passed unanimously without further discussion
B.1 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter
10 of the Code of Ordinances entitled "Public Safety" by amending Article 12, previously entitled
"Registered Sex Offenders" to Article 13, providing for the creation of a Fire Marshal's Office.
End of Consent Agenda
TOWN COUNCIL AND EDC 4B CONVENED INTO JOINT SESSION AT 7:21 P.M.
*JOINT SESSION
C.1 EDC 4B President, James Hicks called to order EDC 4B and announced a quorum.
C.2 Town Council and EDC 4B to discuss and consider the expenditure of EDC 4B funds to contract
with the Buxton Group for psychographic profiling for the Town of Trophy Club.
Buxton Group representative, Joe Fackel provided a brief history on the Buxton Group. Fackel
summarized and outlined the comprehensive scope of work the Buxton group will perform as the Town
pursues its retail attraction and expansion goals. The Buxton Group appreciates the opportunity to
propose their services and said the group prides themselves on providing ongoing support.
EDC 4B, President James Hicks mentioned EDC4B has been looking for some time to attract business
and recalled their decision to pursue other options in 2005. Now having looked at other options EDC 4B
agrees knowledge is indeed power and the Buxton Group will help the Town determine what will work. At
Council’s request to find retail services, EDC 4B recommends the Buxton Group as a viable strategy and
requested Council not be short-sided in their decision, but rather be forward thinking and approve. Hicks
suggested the fee be paid from the large project reserves, with half of the fee paid this fiscal year and the
other half next fiscal year. The Buxton Group will allow the Town to create their own little niche and
provide an excellent opportunities to reduce and keep property taxes at a desirable level given restraints
of Trophy Club.
C.3 EDC 4B to adjourn.
Mayor Sanders asked that EDC 4B stay in session for the consideration of Item D.1.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
25
D.1 Discuss and take appropriate action regarding the expenditure of EDC 4B funds to contract with
the Buxton Group for psychographic profiling of the Town of Trophy Club.
EDC 4B, Board member, Larry Crosser thanked the Council for viewing the presentation and requested
they stay focused on the big picture, which goes beyond the current needs of the current landowner.
Crosser spoke of Council’s request for EDC to be more active, stating Council’s approval will enable this.
EDC 4B is not asking for money, but an investment to help EDC 4B meet their responsibilities.
David Glaser, 15 Overview – Spoke in favor of the contract with the Buxton Group.
Council member Cates questioned if the study identified what businesses would be good in this area
based on the retail value, rent and physical aspects of the area. Mr. Fackel responded the study would
identify retailers with locations in trade areas similar to the Town’s as potential matches, physical aspects
will be taken into consideration and distance analysis will be performed to be sure that the location is a fit.
Mayor Pro Tem Williams asked the radius of area and the best approach to developers who do not want
to participate. Mr. Fackel answered the radius depends due to multiple drive times; an anchor tenant
trade is going to be larger than the trade area for a Taco Bueno. Fackel stated the 18,000 available
square feet at regency needs to be on the tax rolls and while the developers may not want to participate
financially for the study they will want the information once the study is complete. It will be a team effort
of local leasing people and staff who will market the companies that have been identified as well as to the
developers.
Council member Edstrom confirmed that four areas have been determined and questioned why Larry
Stewart did not want to participate. Larry Crosser advised that Stewart has a file full of data that would
help him develop the property and was originally interested in this idea. Edstrom is concerned the Town
may spend $60,000 and the developers will not take advantage of the results.
Council member Sterling verified there are nearly 500 retailers in the bank.
Mayor Sanders commented on Larry Stewart’s unwillingness to participate might be because Stewart
currently does not have a concept plan and is only selling lots. Sanders agreed with Edstrom about the
unsuccessful attempts to engage Stewart, suggesting perhaps were due to his last go around and the
extensions. Sanders suggested leading marketable prospects to Stewart.
Motion made by Lamont, seconded by Sterling to approve the recommendation of EDC 4B for the
expenditure of $60,000, to be paid over a two year budget cycle and enter into a contract with the Buxton
Group for the purpose of creating community id profile.
Council member Lamont commented the Town has over 70 acres at approximately $800.00 an acre. The
Town could recoup the cost that much faster if we accelerated putting the businesses in by two years
Council member Sterling feels it is good idea to spend the funds but prefers to analyze only two sites
rather than four in order to get a less expensive deal.
Edstrom, Williams and Cates are all in favor and agree this is only one component of the strategic plan.
Prior to approving all would like to see a detailed implementation and action plan, including a concept of
what should be with the collected data.
Council member Edstrom confirmed the study will take approximately 60 days and the implementation
strategic plan could be developed while working on the public notification.
Mayor Sanders questioned the terms of the agreement. Mr. Fackel responded typically 50% would be
requested at the execution of the agreement and then invoices would be sent over the course of the
contract. Because this contract would be billed over the course of two budget cycles, they would ask for
$30,000 up front and then bill for the remaining $30,000 in the next budget year.
26
EDC 4B, Board member, Rebecca Shuman advised planning is a big part of their job with the purpose of
removing risk. Council’s approval of this study will allow them to present good recommendations. The
Board has already developed long-range goals, and at Council’s request has found and researched a firm
to help develop a plan.
The mover modified the motion to move forward with the proposal, hold a Public Hearing and come back
to Council, the second agreed.
Council member Edstrom amended the motion to include an outline and an implementation plan.
Mayor Sanders clarified the motion was to approve in concept, the expenditure up to $60,000 for the
Buxton study which will be funded by EDC 4B, EDC 4B will hold the Public Hearing and develop an
implementation plan to be presented to Council as soon as practical. Both the mover and second agreed.
Mayor Sanders questioned Buxton’s original proposal, which included a discount if Council approved by
the end of the year. Mr. Fackel confirmed the price outlined in the EDC proposal, four sites for $60,000.
Sanders thanked the Council for their diligence, EDC 4B for bringing this forward and the significance of
this Item being unanimously approved by six EDC 4B members. Sanders is in favor of the motion, he
feels the key is to be proactive; we need a plan with a good idea and currently do not have the staff to
conduct the research in order to recruit retailers.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2005-20
establishing guidelines and criteria for tax abatements and adopting new guidelines and criteria
for tax abatements entitled "Town of Trophy Club, Texas Policy Statement for Tax Abatement
(2007)"
Town Manager Emmons remarked the Council passed a Resolution approving tax abatement guidelines
in August of 2005. This Resolution adopts new guidelines that are the same in all respects, except
definitions and a tax abatement schedule recommended by EDC 4B has been included. Emmons
commented the schedule does not include 100% abatement and the business will still need to invest,
resulting in a return for the Town.
Motion made by Sterling, seconded by Williams to approve.
Council member Edstrom questioned how the schedule was determined. Town Manager Emmons
explained schedules from surrounding areas were considered, some were more forth coming than others
since they are not in the competitive area.
Council member Sterling thinks the schedule is easy to understand and its appeal will attract business.
Mayor Sanders announced that Community Development Director, Beth Ann Gregory and staff are
working on developing an Economics Development website.
Motion passed unanimously without further discussion.
D.3 Discuss and receive input regarding the potential creation of a reinvestment zone and the
boundaries of the zone.
Town Manager Emmons sought Council’s direction regarding the potential creation of a reinvestment
zone and the area(s) to be included in the reinvestment zone. In the four zones there is approximately 74
acres of commercial which was identified in the Buxton proposal. Emmons explained staff would prefer
Council’s recommendation prior to spending the money on the publication.
Mayor Sanders mentioned two smaller areas; one across the street from the Firehouse and another piece
located behind Tom Thumb between the creek and the tennis courts. Mehrdad Moayedi of Centurion is
considering selling the corner development for Village Center.
27
Council member Edstrom questioned how the new facilities, new value and modernization differ from the
other reinvestment zones. Town Manager Emmons explained in order for the facilities to go in it has to
be designated as a reinvestment zone.
Council member Sterling questioned if the property has to be stated specifically. Town Manager Emmons
advised the publication has to list the legal description of each zone as a reinvestment zone. Sterling is in
favor of encompassing all commercial property. Council member Edstrom agreed and feels it to the
Town’s advantage to include all commercial space. Mayor Pro Tem Williams added all property with the
potential for commercial needs to be included. Mayor Sanders asked what Council felt about the 26
acres of which 40% by the Clock Tour is zoned for recreation. Mayor Pro Tem Williams and Council
member Cates and Sterling feel this area should be included.
Council member Lamont asked why areas five and six were not included. Mayor Sanders answered the
piece that used to be the old clubhouse, which is zoned for office space and owned by Beck. The piece
behind Tom Thumb was bought by Centurion and is zoned commercial; a potential visitor center has
been discussed. Emmons added the intent was to include the commercial recreation in the 26 acres.
Mayor Sanders advised this item was for direction only.
Motion made by Williams, seconded by Sterling to proceed with the development of the reinvestment
zone.
Motion passed 3:0:1, with Edstrom abstaining, as the Item was not posted for action.
Town Attorney, Patricia Adams counseled the motion would be on the consensus of the input.
Motion made by EDC 4B Board member Nicholson, seconded by EDC 4B Board member Crosser to
adjourn.
EDC 4B adjourned at 8:57 P.M.
D.4 Discuss and take appropriate action to approve the financials and variance report dated
November 2006.
Motion made by Edstrom, seconded by Sterling to approve.
Mayor Pro Tem Williams asked if additional was still owed on insurance under Administration as it is
budgeted at a total of $50,500 and year to date have paid $38,800. Finance Director, Sakura Dedrick
responded additional expense is still owed and explained last year the Insurance Company advised the
Town owed more and split the cost over a two-year period. Williams clarified the savings with Quick Pay;
budgeted at $62,000 and the final payment of $55,000.
Town Manager Emmons commented on the variance report, explaining we should be at 25% for
Independent labor in both the Police and Fire Department. For appropriateness, the Police Department
has restructured the employees considered as Independent Labor to part-time. Currently one PSO has
gone back to full-time fire fighter position and Emmons asked the Council to consider converting one of
the part-time Police Officer into a full-time Officer to cover the staffing shortage. If allowed, a budget
amendment of a line item transfer from salary in Administration to the Police Department would be used
to compensate toward the overage. Emmons added in order to increase staffing in the Fire Department
the MUD’s approval would be necessary.
Council member Sterling questioned why a readjustment is needed on items that are payable over a two-
year period, but are fully expensed from day one. Finance Director, Sakura Dedrick explained the entire
amount of loan to capital expense in the department budget is taken out as a Journal entry, credited back
as cash and then the Proceeds For Loan is credited. When the actual annual payments are made, cash
is credited and the department budget is debited.
28
Mayor Sanders asked about Dues and Membership under Community Development. Town Manager
Emmons explained APWA was miscoded in the amount of $2,000 but should have only been for $234.00
and will be removed from the line.
Motion passed unanimously without further discussion.
D.5 Items for Future Agenda.
Mayor Sanders pointed out additional research was needed on the following items, therefore they have
been moved to the February meetings:
Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (2/5)
Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until
the vehicle is properly insured and inspected. (2/19)
Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does
not have a current or valid Drivers License. (2/19)
Council member Edstrom requested to remove item 2 regarding the Building Standards Commission until
such time that she and Town Manager Emmons can discuss and review.
Mayor Pro Tem Williams requested an item be added to the January 22nd Agenda to discuss the
possibility for a Charter Amendment Election
Council member Cates, requested item 14, regarding the amendment to Sign Regulations relative to
political signs and quantity per commercial lot, be added to the February 5th Agenda and will provide
Town Manager Emmons the specifics she would like addressed.
D.6 Reports.
(a) Town Manager Emmons gave his report.
E.1 Adjourn.
Motion made by Williams, seconded by Lamont to adjourn.
Meeting adjourned at 9:18 p.m.
_____________________________________ ______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
29
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action regarding an
Interlocal Agreement between the Town and Denton County for the rental
of Election equipment for the May 12, 2007 Election.
EXPLANATION:
Of the 5,310 registered voters, 1,384 voted in the May 2006 Election. In addition to the
eSlate Voting Machine, staff recommends ordering 1,000 paper ballots.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Letter to Denton County Election Administrator
2. Exhibit A
3. Agreement
30
January 8, 2007
Mr. Don Alexander
Elections Administrator
P.O. Box 1720
Denton, TX 76202
Re: Denton County Elections Contract Agreement
Dear Mr. Alexander:
I would like to request the following for the May 12, 2007 General Election for the Town
of Trophy Club.
1. Items marked on Attachment A.
I understand that the Voting Machines and various voting equipment and supplies
booths will be delivered prior to Early Voting for he May 12, 2007 General Election.
I plan to present the Interlocal Agreement to the Town Council on January 22, 2007,
and will forward the signed copies once approved.
I will make arrangements with Ms. Keill to pick up the registration lists prior to the start
of early voting.
Thank you for your assistance with this matter.
Sincerely,
Lisa Ramsey
The Town of Trophy Club, Town Secretary
31
Attachment "A" Denton County Elections Contract Worksheet
Town of Trophy Club
Election Costs Units
Cost Per
Unit Estimated Actual
Ballots (cost per thousand) 1 $190.00 190.00 $190.00
Early Voting Mail Ballots 20 Included 0.00 $0.00
Election Kits (Early& Election) 2.00 $35.00 70.00 $70.00
Early Voting Ballot Board Kit 1.00 $35.00 35.00 $35.00
Precinct Maps 2.00 $20.00 40.00 $40.00
City or ISD Maps 0.00 $20.00 0.00 $0.00
Voting Booth (One kit = two booths) 8.00 $5.00 40.00 $40.00
eSlate Voting Machines Rental (Ea) 2.00 $300.00 600.00 $600.00
eScan Voting Machine Rental (ea) 2.00 $300.00 600.00 $600.00
Programming eScan/eSlate per
Election 1.00 $400.00 400.00 $400.00
Election Signs 1.00 $1.00 1.00 $1.00
Mail Ballot Kits 0.00 $1.00 0.00 $0.00
Postage for Mail Ballot Kits 0.00 $0.52 0.00 $0.00
Workers(Early Voting (hours) 0.00 $8.00 0.00 $0.00
FICA on Early Workers 0.00 $0.0765 0.00 $0.00
Pickup and Delivery of Supplies 0.00 $25.00 0.00 $0.00
Delivery of EV (Duryea M&S) 2.00 $89.00 178.00 $178.00
Computers (Ea) 0.00 $250.00 0.00 $0.00
Programing Computers per election 0.00 $300.00 0.00 $0.00
Poll Books 2.00 $0.10 56.00 $56.00
FICA on Election Day Workers 0.00 $0.0765 0.00 $0.00
EV Ballot Board Personnel (hours) 0.00 $9.00 0.00 $0.00
Administrative Personnel Costs 0.00 TBD 0.00 $0.00
Worksheet Total Expense $2,400.00 $2,400.00
Estimated Actual
Election Total $2,210.00 $2,210.00
Election Service
Fee $259.00 $259.00
Election Total
Cost $2,469.00 $2,469.00
Deposit (90%) $2,222.10
(Overpaid)/
Underpaid
32
INTERLOCAL AGREEMENT
Town of Trophy Club
AN AGREEMENT BETWEEN THE Town of Trophy Club, TEXAS AND
THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING
MACHINES & EQUIPMENT, AND THE PURCHASE OF VOTING
SUPPLIES.
Section 1. Denton County, Texas, a corporate body politic, hereinafter
designated as “the County,” represented in this agreement by the Elections
Administrator, hereby agrees to rent the following voting machines to the hereinafter-
identified organization on the terms stated below.
Section 2. The Town of Trophy Club, Texas, 100 Municipal Drive, hereinafter
designated as “Renter,” has requested the rental of two (2) Hart eSlate DAU DRE voting
machines at $300.00 per machine, two (2) Hart eScan voting machines, various election
equipment and supplies, and election programming per the terms stated below or
Annex A which is attached for the May 12, 2007 election.
Section 3. The Town of Trophy Club will deliver to Denton County no later
than March 14, 2007 the ballot text in both English and Spanish by fax to 940-349-3201
or via email to tamra.keill@dentoncounty.com for election programming.
Section 4. The rental period of voting machines shall commence on the 26th
day of April, 2007 and shall not extend to a date which will interfere with subsequent
elections for which the County is responsible for providing the voting machines for
public uses, and to this end will, in compliance with the Election Code, Article 7.14,
Section 20, obtain a Court Order, at the Renter’s expense, permitting the affected voting
machine to be cleared and available to the County, no later than the tenth day after the
first election for which the voting machines were rented.
Section 5. Only voting machines that the County believes to be in safe
operating condition will be provided, and the Renter agrees to hold the County harmless
for any damages arising from the Renter’s use of voting machines.
Section 6. Renter agrees to return the voting machines in the same condition
as when received, normal and considerate usage wear expected. Renter agrees to
reimburse the County for the costs to repair damages to the said machines during such
time as the County does not have control custody of said machines.
Section 7. The said Election Day machine will be delivered by the County to
the Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas, for a delivery fee of
$89.00 each for delivery and pickup by the County at said place.
33
Section 8. This contract should be accompanied with a deposit of 90% (see
annex A) of the estimated election cost. Contracts received without the deposit will be
returned which may jeopardize the availability of equipment for your election. Elections
that are cancelled will receive a refund of the deposit less a $75.00 contract processing
fee.
Section 9. That this Agreement shall become effective from and after its date
of passage.
Section 10. In witness of this Agreement, the County and the Renter affix their
signatures on this the 22nd day of January, 2007.
Nick Sanders, Mayor
Town of Trophy Club, Texas
[Seal]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM
Town Attorney
Town of Trophy Club, Texas
APPROVED:
Don Alexander
Elections Administrator
Denton, County, Texas
34
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.C.1
Public Hearing: Hold the first public hearing to consider the involuntary
annexation and service plan for approximately 21.1346 acres in the M.
Medlin Survey, A-832. 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.
EXPLANATION:
Public Hearing Notices were published in the newspaper on 1/5 and 1/12/07 and on the
internet on January 16, 2007. Written notice was also provided to Northwest ISD,
Denton County, and Trophy Club MUD. Town Council will hold a Special Session on
1/29/07 for the second Public Hearing. Town Council will consider adoption of an
ordinance to annex the property on 2/19/07. The service plan is available for inspection
at the public hearing and will be explained at the public hearing.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Service Plan
35
Town of Trophy Club Municipal Service Plan
FIRE
Existing Services: None
Services to be Provided: Fire suppression will be available to the area upon
annexation. Primary fire response will be provided by an existing Fire Station located at
100 Municipal Drive. Adequate fire suppression activities can be afforded to the
annexed area within current budget appropriation. Fire prevention activities will be
provided by the Fire Marshall’s office, as needed.
POLICE
Existing Services: None
Services to be Provided: Currently, the area is under the jurisdiction of the Denton
County Sheriff’s Office. However, upon annexation, the Town of Trophy Club Police
Department will extend regular and routine patrols to the area. It is anticipated that the
implementation of police patrol activities can be effectively accommodated within the
current budget and staff appropriation.
BUILDING INSPECTION
Existing Services: None
Services to be Provided: The Building Inspection Department will provide Code
Enforcement Services upon annexation. This includes but is not limited to issuing
building, electrical, mechanical and plumbing permits for any new construction and
remodeling, and enforcing all other applicable codes which regulate building
construction within the Town of Trophy Club.
PLANNING & ZONING
Existing Services: None
Services to be Provided: The Planning & Zoning Department’s responsibility for
regulating development and land use through the administration of the Town of Trophy
Club’s Zoning Code will extend to this area on the effective date of the annexation. The
property will also continue to be regulated under the requirements of the Town of
Trophy Club’s Subdivision Regulation Code. These services can be provided within the
department’s current budget.
36
HEALTH DEPARTMENT – HEALTH CODE ENFORCEMENT SERVICE
Existing Services: None
Services to be Provided: The Town of Trophy Club will implement the enforcement of
the Town’s health code ordinances and regulations on the affective date of annexation.
Such services can be provided with current Community Development Department
Personnel and within the current budget appropriation. In addition, animal control
services will be provided to the area as needed.
STREETS
Existing Services: None
Services to be Provided: Maintenance to the street facilities will be provided by the
Town upon the effective date of the annexation. The service can be provided within the
current budget appropriation.
STORM WATER MANAGEMENT
Existing Services: None
Services to be Provided: Developers will provide storm water drainage at their own
expense and will be inspected by the Town at the time of completion. The Town will
then maintain the drainage upon approval.
STREET LIGHTING
Existing Services: None
Services to be Provided: The Town of Trophy Club will coordinate any request for
improved street lighting with the local electric provided in accordance with standard
policy.
TRAFFIC ENGINEERING
Existing Services: None
Services to be Provided: The Town of Trophy Club will be able to provide, after the
effective date of annexation, any additional traffic control devices
37
WATER SERVICES
Existing Services: None
Water service to the area of proposed annexation will be provided in accordance with
applicable statutes, codes and department policy. When property develops in the
adjacent areas, water service shall be provided in accordance with the present
extension ordinance. Extension of service shall comply with applicable codes and
ordinances. Water will be provided by annexation into the Municipal Utility District or
paying the applicable rates for non-annexed areas.
SANITARY SEWER SERVICE
Existing Services: None
Services to be Provided: Sanitary sewer service to the area of proposed annexation
will be provided in accordance with applicable statutes, codes, and department policy.
When property develops in the adjacent areas, sanitary sewer service shall be provided
in accordance with the present extension ordinance. Extension of service shall comply
with applicable codes and ordinances. Sanitary sewer service will be provided by
annexation into the Municipal Utility District or paying the applicable rates for non-
annexed areas.
SOLID WASTE SERVICES
Existing Services: None
Services to be Provided: Solid waste collection shall be provided to the area of
annexation in accordance with the present ordinance. Service shall comply with
existing Town policies, beginning with occupancy of structures.
MISCELLANEOUS
All other applicable municipal services will be provided to the area in accordance with
the Town of Trophy Club’s established policies governing extension of municipal
services to newly annexed areas.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action on a request for Preliminary Plat
approval for an approximate 147.509 acre tract of land generally described
as R. Allen Survey, Abstract No.5; R. Allen Survey, Abstract No. 17; J. Eads
Survey, Abstract No. 392; J Henry Survey, Abstract No. 529; W Medlin
Survey, Abstract No. 829, and J. Michael Survey, Abstract No. 820, known
as The Highlands at Trophy Club, Neighborhoods 3 & 4. Applicant: Carter
& Burgess, Inc., authorized agent of K. Hovnanian Companies and
Standard Pacific Homes. (PP-06-012)
(kcf)
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PLANNING & ZONING COMMISSION REPORT
TO: TOWN COUNCIL
MEETING DATE: 22 JANUARY 2007
SUBJECT: PRELIMINARY PLAT – THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOODS 3&4
PURPOSE:
PLATTING: To review and take action on the proposed Preliminary Plat for The
Highlands at Trophy Club Preliminary Plat, Neighborhoods 3&4.
OWNER/DEVELOPER: K. Hovnanian Companies
5808 West Plano Parkway
Plano, Texas 75093
Standard Pacific Homes
6333 North Highway 161
Suite 350
Irving, Texas 75038
ENGINEER/LAND PLANNER: Carter & Burgess, Inc.
7950 Elmbrook Drive
Dallas, Texas 75247
EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to PD-27
in May, 2006.
ADJACENT ZONING/EXISTING LAND USES:
North: Trophy Club Country Club (Golf Course) and Neighborhoods 2&6 of
The Highlands
South: Trophy Club Country Club (Golf Course) and Quorum Condominiums.
East: Trophy Club Country Club (Golf Course) and Neighborhood 6 of The
Highlands.
West: Trophy Club Country Club (Golf Course) and The Lakes of Trophy
Club, (PD-15).
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Staff Review
Preliminary Plat Zoning
Sq Ft Total Lots % of Lots Sq Ft Total Lots % of Lots
13,000 77 24.45 13,000 N/C N/C
12,000 3 .95 12,000 81 25
11,000 30 9.52 11,000 N/C N/C
10,000 205 65.08 10,000 243 75
The initial plat was submitted to staff 6 November 2006. Review comments were
forwarded to Carter & Burgess 1 December 2006. Carter & Burgess addressed
the comments and resubmitted the plat 11 December 2006. The second set of
Town review comments were forwarded to Carter & Burgess 21 December 2006,
with C&B responding 27 December 2006. Staff reviewed the third set of plans and
gave a favorable verbal recommendation to the Planning & Zoning Commission at
their 4 January 2007 meeting.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action on a request for Preliminary Plat
approval for an approximate 19.231 acre tract of land legally described as
J. Henry Survey, Abstract No. 529, known as The Highlands at Trophy Club,
Neighborhood 9. Applicant: Carter & Burgess, Inc., authorized agent of 831
Trophy L.P. (PP-06-014)
(kcf)
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PLANNING & ZONONG COMMISSION REPORT
TO: TOWN COUNCIL
MEETING DATE: 22 JANUARY 2007
SUBJECT: PRELIMINARY PLAT – THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOODS 9
PURPOSE:
PLATTING: To review and take action on the proposed Preliminary Plat for The
Highlands at Trophy Club Preliminary Plat, Neighborhood 9.
OWNER/DEVELOPER: Mehrdad Moayedi
831 Trophy, L.P.
3901 W. Airport Freeway, Suite 200
Bedford, Texas 76021
ENGINEER/LAND PLANNER: Carter & Burgess, Inc.
7950 Elmbrook Drive
Dallas, Texas 75247
EXISTING CONDITION OF THE PROPERTY: The subject land was rezoned to PD-27
in May, 2006.
ADJACENT ZONING/EXISTING LAND USES:
North: Town Park (Community Pool), and Village Center of The Highlands
South: The Lakes of Trophy Club, (PD-15)
East: Neighborhood 2 of The Highlands
West: Town Park (Independence)
Zoning vs. Preliminary Plat
PD-27 Preliminary Plat
12,000 Sq Ft 44 Lots 44 Lots
Staff Review
The initial plat was submitted to staff 20 November 2006. Review comments were
forwarded to Carter & Burgess 15 December 2006. Carter & Burgess addressed the
comments and resubmitted the plat 21 December 2006. The Town Engineer gave a
favorable verbal recommendation to the Commission at their 4 January 2007 meeting.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.3
Discuss and provide input relative to an amendment to Chapter 1 of the
Code of Ordinances of the Town, entitled "Administration", Article VIII,
entitled "Schedule of Fees", regulating Parks and Recreation Use Fees.
EXPLANATION:
Staff was directed to review all parks and recreation use fees including those charged at
Marshall Creek Park. Staff submitted the recommendations and supporting
documentation to the Parks and Recreation Board at its January 9, 2007 meeting. The
backup for this agenda item includes staff recommendations and both the motions and
vote of the Parks and Recreation Board relative to use fees.
RECOMMENDATION:
Staff recommends that Town Council adopt new use fees for Marshall Creek Park,
sports facilities, and the community swimming pool (reservations only).
ACTION BY COUNCIL:
Staff requests direction regarding the potential adoption of sports association use fees
and resident entry fees for the pool.
Attachments: 1. Current P & R Fees
2. Fee Survey
3. Proposed Fees
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Section 8.15 Parks & Recreation
All fees are to be paid at the time of reservation and are based on availability. Amounts
shown are for each separate use/session. A session is based on 2-hour increments.
Fees are not applicable to members of the Trophy Club youth sports associations when
they are participating in Trophy Club youth sports association sponsored activities.
Beck Park
Baseball Fields (unlit) $8.00 per session
Baseball Fields (lighted) $12.00 per session
Independence Park
Baseball Fields (unlit) $12.00 per session
Baseball Fields (lighted) $18.00 per session
Softball Fields (unlit) $12.00 per session
Softball Fields (lighted) $18.00 per session
Tennis Court (unlit) No Charge per session
Tennis Courts (lighted) $6.00 per session
Basketball/Multi Purpose Court No Charge per session
Shuffleboard No Charge per session*
Horseshoes No Charge per session*
Harmony Park
Soccer Fields (unlit) $12.00 per session
Soccer Fields (lighted) $18.00 per session
Softball Fields $10.00 per session
Pavilion (booked in 4-hour increments) No Charge first four hours;
$25.00 for next four
hours**
Marshall Creek Park
Picnic Area No Charge first four hours;
$25.00 for next four
hours**
Daily Park Entrance/Boat Launch $3.00 per vehicle
Additional Vehicles $5.00 each additional
vehicle being transported
Senior Discount 50% reduction in fees for
persons 60 years of age or
older
*Deposit Required $25.00 Refundable
** Deposit Required $50.00 Refundable
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Annual Pass (For entry fee and boat launch only) $75.00 per year for non-residents of
Trophy Club; $50.00 per year for residents and other categories of users as approved
by Town Council. In the event that there is a conflict between the fee charged in this
Schedule of Fees Article and any other Article, the amount specified in this fee Article
shall control the fees charged for Marshall Creek Park.
The annual pass is valid from January 1 to December 31 of the year in which it is issued
regardless of the month in which the pass is actually purchased. The annual pass shall
be displayed at all times on the vehicle for which it was issued in accordance with the
applicable instructions for attachment.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding the calling of a potential
Charter Amendment Election in May 2007 and Charter amendments to be
submitted to the voters.
EXPLANATION: The purpose of this item is to discuss items that the Charter Review
Group has identified that merit consideration for an upcoming Charter election. If the
Council wishes to move forward, the specific ballot language will have to be finalized
and the election called at the February 5 meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Items suggested by Staff and Council:
Section 3.01 Selection of Terms - Propose 3 year terms
Section 3.01 Number of Terms - limit to 2 consecutive terms for the same position
(would allow for council to run for Mayor and vice versa)
Section 3.16 (b) Procedure for Enacting Ordinances and Resolutions; Publications -
Amend section to specify "majority of the Council" is necessary to pass an ordinance
rather than (3) or more members
Section 4.07 Town Secretary - Propose Town Manager to appoint Town Secretary with
Council affirming the appointment
Section 5.04 (d) Filing for Office - Propose resign to run provision for elected officials
Section 6.01 and 6.03 - Recall - Removal based on 1 ground rather than "more than
one ground"
*Section 6.04(f) Recall - Propose changing 45 day specific requirement for calling
election to general requirement for removal of Councilmember (allow for time to comply
with statutory requirements)
Section 7.03 Referendum – Allow for language to include non-binding referendums.
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Section 10.03 Power to Grant Franchise - Propose to change limit to allow a franchise
with a 30 year term (Current term is 20)
Citizen Suggestions to the Charter:
Section 3.01 Number, Selection and Term – Propose creation of four single member
districts and one at-large district
Section 3.01 Number, Selection and Term – Propose creation of 2 districts (divided
along MUD lines) with 2 members and one at-large district
Section 3.06 Mayor – Propose allowing Mayor to vote in all matters
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.5
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
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1. Discuss and receive input relative to an Ordinance amending Article IV, "Sign
Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by
amending Sections 4.05. (relative to political signs and quantity per commercial lot.)
(2/5)
2. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of
the Code of Ordinances of the Town, entitled "Nuisances", to address standing or
stagnant water. (2/5)
3. Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (2/5)
4. Discuss and take appropriate action regarding an Investment Banking Agreement
with Banc of America Securities to provide underwriting and related banking services
for the Public Improvement District Bonds related to the Highlands at Trophy Club.
5. Discuss and take appropriate action regarding the PID Agreement.
6. Ordinance to remove uninsured vehicles from the streets of Trophy Club by
impounding the vehicle until the vehicle is properly insured and inspected. (2/19)
7. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club
when the driver does not have a current or valid Drivers License. (2/19)
8. Discuss and take appropriate action relative to an 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."
9. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
10. Review of the Property Maintenance Ordinance.
11. Discuss and take appropriate action regarding an Ordinance amending Chapter 14
entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway
Design" of the Code of Ordinances of the Town.
12. Discussion about storm water discharge from pools.
13. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive
and consideration of improvements for area to create a linear park.
14. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an
Ordinance establishing the Town's Emergency Management System.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action to approve the financials and variance
report dated December 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.D.7
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 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
“Denton County Days in Austin” is Feb 26-27 and “Tarrant County Days in
Austin” is Feb 27-28. Details for both events provided below.
Registration for Denton County Days will be handled by Denton Chamber of
Commerce and the North West Metroport Chamber will be taking reservations for
Tarrant County Days.
Pearl Ford will be attending on the North West Metroport Chambers behalf for
Denton County Days and Sally Michalak will be attending Tarrant County Days.
Mayor Sanders plans to attend both events.
Please let Sally Michalak know if you have any questions regarding these
events or would like hotel reservation information.
Attachments: 1. Denton County Day 2007 Brochure
2. Tarrant County Day at the Capitol Brochure
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-22-2007
Subject: Agenda Item No.E.1
Adjourn.