Agenda Packet TC 04/21/2008 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 21, 2008
6:00 P.M.
A.1 Call to order and announce a quorum. A.2 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, regarding
the annual evaluation of the Town Attorney and Section 551.071 (1) and (2)
"Consultation With Attorney," in order to seek the advice of its attorney about
pending litigation, as follows:
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and
Quanah Properties pending appeal of decision regarding lighted signage on the
East Elevation of Value Place Hotel (Section 551.071 (1) and (2))
B.1 Invocation.
B.2 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
B.3 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
B.4 Discuss and take appropriate action regarding a Proclamation declaring May 1st,
2008 as Day of Prayer in Trophy Club.
B.5 Presentation and update by Mr. Schweinle, Attorney, Mediator and MUD expert,
on the value and benefits of Municipal Utility Districts (MUDs) to municipalities,
including how the active participation of the mature Trophy Club MUDs can be
utilized to improve the quality of life for Trophy Club and its residents, and
discussion of same.
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B.6 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 Parks and Recreation Department.
B.7 Discussion to address questions related to the possibility of constructing a future
Police Department facility.
C.1 Discuss and take appropriate action regarding a Resolution amending Resolution
2007-21 to appoint two citizens to serve on two seats on Tree Board for the
remainder of two unexpired terms.
C.2 Discuss and take appropriate action regarding the Contract with CityBase.Net,
Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of
financial feasibility and impacts related to the water/wastewater study.
C.3 Discuss and take appropriate action regarding a notice from the Public Utility
Commission of Texas for a Consumer Price Index Adjustment to Municipal
Telecommunications Right-of Way Access Line Rates.
C.4 Discuss and take appropriate action to approve Minutes dated, March 3, 2008.
C.5 Discuss and take appropriate action to approve Minutes dated, April 7, 2008.
C.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled
"Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV
entitled "Peddlers and Solicitations."
C.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 Manager's Report.
C.8 Items for Future Agenda. C.9 Discuss and take appropriate action relative to Executive Session Item Number
A.2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and
Quanah Properties pending appeal of decision regarding lighted signage on the
East Elevation of Value Place Hotel (Section 551.071 (1) and (2))
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D.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.A.2
Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
regarding the annual evaluation of the Town Attorney and Section 551.071
(1) and (2) "Consultation With Attorney," in order to seek the advice of its
attorney about pending litigation, as follows:
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah Properties
pending appeal of decision regarding lighted signage on the East Elevation of Value Place Hotel (Section
551.071 (1) and (2))
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.B.1
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.B.2
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.B.3
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.B.4
Discuss and take appropriate action regarding a Proclamation declaring
May 1st, 2008 as Day of Prayer in Trophy Club.
EXPLANATION:
National Day of Prayer will be observed at the Clock Tower on Thursday, May 1, 2008
at 12:00 p.m. In case of rain, the observation will be moved across the street to the
Methodist Church's new sanctuary.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2008
MAY 1, 2008 AS DAY OF PRAYER IN TROPHY CLUB
WHEREAS, National Days of Prayer have been a part of our country’s heritage
since they were declared by the First Continental Congress in 1775; and
WHEREAS, the 57th observance of the National Day of Prayer will be held May
1, 2008, as mandated by both houses of Congress and by our President; and
WHEREAS, leaders of our nation have relied upon the power of prayer
throughout American history; and
WHEREAS, we as a nation give thanks for the freedoms we enjoy and pray that
our people will continue to be blessed and protected from those who threaten
democracy; and
WHEREAS, this year’s National Day of Prayer theme is "Prayer! America's
Strength and Shield" based on Psalm 28:7; and
WHEREAS, it is appropriate that we acknowledge God is sovereign and call
upon Him in prayer;
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 1, 2008, 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 21st day of April, 2008.
________________________________
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: 4-21-2008
Subject: Agenda Item No.B.5
Presentation and update by Mr. Schweinle, Attorney, Mediator and MUD
expert, on the value and benefits of Municipal Utility Districts (MUDs) to
municipalities, including how the active participation of the mature Trophy
Club MUDs can be utilized to improve the quality of life for Trophy Club and
its residents, and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.B.6
Town Council report from Parks and Recreation Department. 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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.B.7
Discussion to address questions related to the possibility of constructing a
future Police Department facility.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding a Resolution amending
Resolution 2007-21 to appoint two citizens to serve on two seats on Tree
Board for the remainder of two unexpired terms.
EXPLANATION:
There are currently two openings on Tree Board, with both positions being
vacant for over one year. The Town has advertised in the past with no
responses. The Tree Board met on April 8, 2008 and interviewed both
candidates who have a strong interest and desire to be involved in Town boards
and commissions and who are both good candidates to fill the existing
vacancies.
RECOMMENDATION:
Staff recommends the immediate appointment of the two new members.
ACTION BY COUNCIL:
(aa)
Attachments: 1. Resolution 2008-____
2. Board application for John Klauss
3. Board Application for Deandra Pugh
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding the Contract with
CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for
the evaluation of financial feasibility and impacts related to the
water/wastewater study.
EXPLANATION:
Staff solicited Request for Qualifications (RFQ) as well as proposed Work Plans from
several engineering and financial firms regarding a water/wastewater study. After a
thorough review, including consultation with the MUD Manager, staff recommends
contracting with Citybase.Net, Lewis F. McLain Jr., to complete the water/wastewater
study financial analysis portion of this study
Mr. McLain is well attuned to the practical aspects of financial analyses for water
utilities. He has extensive experience in municipal finance, and has been involved in
numerous water utility studies throughout the State of Texas. In addition to his
consulting business, Mr. McLain served as the Executive Director of Government
Finance Officers Association of Texas (GFOAT). He was the recipient of the first
GFOAT Ethics Award in 2003 and given the honor of having the award being named,
“The Lewis F. McLain, Jr. Ethics in Leadership Award.” Mr. McLain is regarded as one
of the premier financial minds in Texas.
RECOMMENDATION:
Staff recommends approval of the contract with CityBase.Net, Inc in the amount of
$15,000 for services provided in relation to the Trophy Club Utility Study.
ACTION BY COUNCIL:
Attachments: 1. Professional Services Contract with CityBase.Net, Inc. Lewis F. McLain.
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STATE OF TEXAS )(
COUNTY OF DENTON )(
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, by and between the TOWN OF TROPHY CLUB, a municipal
corporation located in Denton County, Texas, hereinafter called “Town”, and
CityBase.Net, Inc. Lewis F. McLain, Jr., President, a Texas Corporation, hereinafter
called “Consultant”, evidences the following:
WHEREAS, Town desires the professional services for the evaluation of financial
impacts and issues to consider regarding Town acquiring Trophy Club MUD No. 1,
Trophy Club MUD No. 2 and Trophy Club Master MUD.
• CONSULTANT will provide an analysis of all financial statements, particularly the
balance sheets in order to compute the book value and components of all assets
and liabilities.
• CONSULTANT will review all bond documents and consult the appropriate
Financial Advisors and Bond Attorneys regarding the conditions that must be met
in the case of a consolidation of the MUD entities into the Town’s financial
statements.
• CONSULTANT will review all current tax and utility rate structures and revenue
production from the existing revenue base of the MUD entities and the Town.
• CONSULTANT will review the financial status of all capital projects in progress,
any planned capital projects in the next three years, if known, and any debt
financing authorized and unissued and planned at this time.
• CONSULTANT will work with Town staff to determine the amount of potential
growth expected in the next 3-5 years based on known annexations, plats and
inventory of near-term building permits.
• CONSULTANT has prior experience working with the engineering firm of Freese
& Nichols and acknowledges that the independent financial analysis provided by
the CONSULTANT is being done prior to the start of an in-depth engineering,
organizational, and legal evaluation.
• Based on the information obtained, CONSULTANT will provide a financial plan
that covers the planning period FY 2008 – 2012 to show the combined and
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individual MUD entities, with up to three alternatives for a phased-in plan, if
deemed financially feasible.
WHEREAS, CONSULTANT represents that he is qualified and capable of performing
the professional services proposed herein (See Exhibit A) with over 35 years of
experience and is willing to enter into this Contract with Town to perform said services;
NOW THEREFORE, the parties in consideration of the terms and conditions contained
herein agree as follows:
1. CONTRACT ADMINISTRATION
This Contract shall be administered on behalf of the Town by the Town Manager
(hereinafter called “Project Director”). It is expected for this contract to be
sufficient to meet all of the initial crucial information needs of the Town. It is also
expected that any additional work beyond the scope outlined in this contract
would be extended only upon a separate submittal and approval.
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2. PAYMENT FOR SERVICES
The estimated time involved is expected to vary over the months of April and
May 2008. The cost of this major analysis and deliverable product is as follows:
Evaluation of Financial Factors and Preparation of Plan: $15,000
The billing for this project shall be $7,500 due upon approval of this contract and
$7,500 upon completion of the project, expected to be no later than June 21,
2008. There will be no expenses billed to this project.
3. OWNERSHIP OF DOCUMENTS
All information and other data given to, prepared, or assembled by Consultant
under this Contract, and other related items shall become the sole property of
Town, without restriction on future use. Consultant may make copies of any and
all documents and items for their files. Consultant shall have no liability for
changes made to or use of the documents generated during the term of this
Contract by anyone subsequent to the completion of the Contract.
4. TERM OF CONTRACT
It is expected that the services furnished by the Consultant under this Contract
shall commence no later than April 1, 2008 and end no later than June 21, 2008
for a total of approximately two months.
5. TERMINATION OF CONTRACT
Town may indefinitely suspend further work hereunder or terminate this Contract
or any phase of this Contract upon written notice to the Consultant with the
understanding that immediately upon the receipt of such notice all work and labor
being performed under this Contract shall cease immediately. All data related to
the Contract shall become the property of the Town upon termination of the
contract.
6. AMENDMENTS
This Contract may be amended or supplemented in any particular only by written
instrument and only as approved by the Town Manager, except for termination
under Section 5, Termination of Contract, which may be accomplished by the
Town Manager or his designated representative as identified in Section 5,
Termination Of Contract.
7. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC.
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The Consultant shall comply with all applicable Federal and State Laws, the
Charter and Ordinances of the Town of Trophy Club, and with all applicable rules
and regulations promulgated by all local, state, and national boards, bureaus,
and agencies existing and published before the date of this Contract.
8. RIGHT OF REVIEW
Consultant agrees that Town may review any and all of the work performed by
Consultant under this Contract. Town is hereby granted the right to audit at
Town’s election, all of the Consultant’s records and billings related to the
performance of this Contract.
9. CONFLICT OF INTEREST
No officer or employee shall have any financial interest, direct or indirect, in any
contract with the Town or be financially interested, directly, in the sale to the
Town of any land, materials, supplies, or services, except on behalf of the Town
as an officer or employee. Any violation of this section shall constitute
malfeasance in office, and any officer or employee guilty thereof shall thereby
forfeit his office or position with the Town. Any violation of this section with
knowledge, expressed or implied, of the person or corporation contracting with
the Town shall render the Contract involved voidable by the Town Manager.
10. INDEMNITY
Consultant agrees to defend, indemnify, and hold Town whole and harmless
against claims for damages, costs, and expenses of persons or property that
may arise out of, or be occasioned by, or from any negligent act, error or
omission of Consultant.
This provision shall not be deemed to apply liability for damage that is caused by
or results from the negligence of the Town of Trophy Club or its employees. It
also shall not apply for any challenges brought forth by the MUD entities should
any disagreement with the Town and the MUD entities result in representation of
the CONSULTANT on behalf of the Town to an arbitrator, regulatory body,
federal court, county court or state court.
11. GOVERNING LAWS
This Contract shall be governed by and construed in accordance with the laws
and decisions of the State of Texas and if legal action is necessary, it shall take
place in Denton County, Texas.
12. LEGAL CONSTRUCTION
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In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions
thereof; and this Contract shall be considered as if such invalid, illegal, or
unenforceable provision had never been contained in this Contract.
13. CAPTIONS
The captions to the various clauses of this Contract are for informational
purposes only and shall not alter any substance of the terms and conditions of
this Contract.
14. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and, except as
otherwise provided in this Contract, their assigns.
15. ENTIRE AGREEMENT
This Contract (pages 1 thru 4) embodies the complete agreement of the parties
hereto and except as otherwise provided herein, cannot be modified without
written agreement of the parties to be attached to and made a part of this
Contract.
IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate
originals on this date, the day of , 20 .
CONSULTANT TOWN OF TROPHY CLUB
________________________________ ________________________________
Lewis F. McLain, Jr. Town Manager
President, CityBase.Net, Inc.
4906 Morning Glory Way APPROVED AS TO FORM:
McKinney, TX 75070-5273
________________________________
Town Attorney
ATTEST _________________________ ATTEST _______________________
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Exhibit A
Lewis F. McLain, Jr.
Biographical Information
Academic: Graduated from University of North Texas in December 1971 with a BBA in Accounting. Taught
Undergraduate and Graduate Courses at Southern Methodist University (1979 - 1983), University of Dallas (1983)
and University of North Texas (1993). Recently taught a graduate course in MPA program: Performance Measures
for Local Governments and Non-Profits at UNT.
Employment: Boise Cascade Envelope Division – Assistant Controller (1972-1973); Garland - Budget Director
(1973-1977); Dallas County - Budget Officer (1977-1979); First National Bank in Dallas – Vice President Public
Finance (1979-1980); Fiscal Planning Consultant (1981 - 2001); Director of Administration, North Central Texas
Council of Governments (2001-2002); President, CityBase.Net, Inc., (2000-), Principal, McLain Decision Support
Systems, (2004-)
Consulting Experience:
Areas of Specialty: Impact Fees; Water & Sewer Rate Studies; Stormwater Drainage Fees; Multi-Year Financial
Planning; Budgeting & Performance Analyses; Computer Modeling (Excel); Financial Analysis; Build-Out Analysis;
Previous and Current Clients: Addison, Arlington, Bellaire, Cedar Hill, Carrollton, College Station, Conroe, Coppell,
Dallas County, Duncanville, Euless, Fort Worth, Friendswood, Granbury, Grand Prairie, Grapevine, Greenville,
Highland Park, Highland Village, Huntsville, Hurst, Irving, Lancaster, La Porte, Lewisville, McKinney, Missouri City,
North Richland Hills, Plano, Princeton, Richardson, San Marcos, Seagoville, and Southlake, University Park.
Seminars With National, State and Regional Organizations (100+). Orientation to Microcomputers, Impact Fees,
Utility Rate Making, Fiscal Impact Analyses, Budgeting/Multi-Year Financial Planning, Finance/Budget Officer
Mentoring and Development and Ethics & Various Managerial Topics. Most Recently Municipal Problem Solving
Using Excel as the Analytical Tool.
Publications (Mostly GFOAT Monthly Newsletter).
“Cost of Service Lessons Afforded by a Fleet Maintenance Analysis” April 2008.
“The Slippery Slope of Sales Tax Revenues” February 2008
“Disobeying the Laws of Arithmetic” January 2008.
“In Search of a Methodology to Normalize Water Revenues” August 2007.
“A Method and Rationale for Calculating the Average Age of Your City” June 2007.
“A Fire Station Site Model & How This is Related to Budgeting” May 2007.
“The Need to Replace Public Debate with Community Dialogue” July 2006. (Co-Authored).
“Using the Monthly Experience Curve to Assist With Continuous Year-End Estimate” June 2006.
“Please Don’t Bring Me a Problem Without a Solution: A Message from Management” October 2005.
“Effective Finance Directors Have Strong Chief Accountants” September 2005.
“GFOAT Resource Library – Official Statements” July 2005.
“Develop an Exit Strategy: There Can Be Life After Municipal Government” June 2005.
“Will The Real CPI Please Stand Up” April 2005.
“The Handwriting Is On The Wall” March 2005.
“The Math of Space & Place” March 2005.
“Understanding the Capacity in Cost Analysis” November 2004.
“This Is What I Know: A Primer for Newly Elected Officials” July 2004
“Applying Technical Analysis To Sales Tax Data” March 2004.
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“Stormwater Drainage Fees – Why Are You Waiting?” August 2003.
“Understanding Budget Arithmetic” June 2003.
“Zero-Base Budgeting Revisited” February 2003.
“Between Epiphany and Elvis – A Memo In Preparation of a Staff Planning Meeting” January 2003.
“About Those Leave Policies: A Follow-Up to a Previous Article” October 2002.
“Now More Than Ever Is The Time To Be Vigilant” July 2002.
“The Not-So-Visible Costs of Fringe Benefits and Leave Benefits” June 2002.
“The Pareto Principle – the 80/20 Rule” February 2002.
“How Will Electric Deregulation Affect Electric Franchise Fees?” August 2001.
“Analyzing Solid Waste Rates for Commercial Customers” April 2001.
“Three Little Words” September 2000.
"The Business of GFOAT" August 2000.
"Capital Project Management: Do It Right on the Front End or Suffer the Forensic Audit on the Back End” July
2000.
"City Manager Memorandum: Preparing for a Pre-Budget Retreat" February 2000.
"The Basics of Budgeting for Newly Elected Officials" Texas Town & City June 2000
"The Financial Functions Overlaid with Managerial Functions: Emphasizing the Management in Financial
Management” October 1999.
"Impact Fees and the Finance Official: Accounting Requirements on The Horizon and The Overall Instructional
Value of Impact Fee Issues” September 1999.
"The GFOAT Executive Directorship” July 1999 Co-Authored with Kathy DuBose and Charles Cox.
"General Principles of Web Design and Thinking about the Finance Section” June 1999.
"Fiscal Diplomacy Tool - The Decision Matrix” April 1999.
"Welcome to WWW.GFOAT.ORG” March 1999.
“The Politics and Practicalities of Information Overload” January 1999.
“The Value of Comparative Data – Part III – Understanding Your Tax Base” December 1998.
“Deputized To Play Fairly” November 1998.
“The Value of Comparative Data – Part I” September 1998.
“Preparing For A Job Interview – Including The One You Want To Keep” June 1998.
"Financial Planning Fundamentals - Can You Handle The Truth?” April 1998.
"Will The Real Fund Balance Please Stand Up” March 1998.
"Why Good People Steal” February 1998.
"Mentorship - Achieving That Delicate Balance” September 1996.
"Developing Utility Rates To Satisfy Economic Development Objectives” December 1992.
"An Argument For Recovering Delayed Tax Collections In The Building Permit Fee” October 1993.
"An Elected Official Workshop Trilogy” October 1989.
"Big Differences In Texas Counties” August 1989.
"How Strategic Planning Can Help Put Budgeting In Perspective” October 1988.
"A Look At Interest & Sinking Funds In Light Of Truth-In-Taxation And Tax Reform” July 1988.
"Personal Financial Planning Offered As An Employee Assistance Program” February 1988.
"Tax Abatements - Wake Up Finance Directors!” December 1987.
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"The Bank Franchise Tax - It Still Ain't Fixed!” August 1987.
"Professional Accreditation: A Texas Effort” June 1987.
"What Can I Learn From You? A Preparatory Exercise For Budgeting” April 1987.
"Frustration & Fatigue: The Aftermath Of The Audit” March 1987.
"The Bond Buyer Index: A Look At The Historical Trends” January 1987.
"Finance Directors Want To Look Under The Hood” November 1986.
"Finance Director Stress Management” October 1986.
"An Argument For A Golden Years Trust Fund” January 1986.
"Are You Part Of The Management Team?" December 1985.
"Investment Policies” November 1985.
"Treasury Bill Discount Rate Vs. Yield” October 1985.
Other Government Leadership Roles:
Executive Director, GFOAT: Engaged by the Government Finance Officers Association of Texas (GFOAT),
an 800+ member organization, to be the contractual Executive Director in a part-time relationship from 1999
to 2004. Duties included general leadership, coordination and assistance to the GFOAT Board and standing
committees. Remained as Newsletter Editor until June 2006.
Recipient of the first GFOAT Ethics Award in 2003 and given the honor of having the award being named,
“The Lewis F. McLain, Jr. Ethics in Leadership Award.”
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding a notice from the Public
Utility Commission of Texas for a Consumer Price Index Adjustment to
Municipal Telecommunications Right-of Way Access Line Rates.
EXPLANATION:
Background: HB 1777 went into effect on Sept 1, 1999. As of March 1, 2000, all
telecommunications franchise fees in Texas are required to be based on a fee-per-
access line method. The PUC, in October 1999, established three categories of access
lines - residential, non-residential, and point-to-point. Each city was required to submit
its 1998 base amount and allocation of the base amount to the PUC by Dec. 1, 1999. All
CTPs were required to submit a city-by-city, December 31, 1998 access line count to
the PUC by January 24, 2000. The PUC then calculated maximum access line rates for
the three categories of access lines, for each city. The rate for each category, when
multiplied by the number of lines in that category in a city, should equal that city's base
amount.
History of Rates: In March, 2000, the PUC established maximum initial access line
rates for 1106 cities. These cities were then allowed to 1) exempt life-line customers, 2)
choose lower rates, and 3) update base amounts and allocation formulas. CTPs were
allowed to update line counts and petition unreasonable initial allocations. In response
to this input from cities and CTPs, the PUC established final access line rates in April,
2000. CTPs were allowed to begin implementing these rates for the 2nd quarter of 2000
(April, May, June), but were required to begin implementing the rates by the 3rd quarter
2000 (July, August, September). State law allows a city to change its rates once a year,
and its allocation once every 2 years. These changes must be initiated by the city each
September and become effective the following January. CTPs may also petition the
commission on unreasonable allocations in September of each year. The PUC will also
annually adjust the access line rates by half of the increase in the Consumer Price
Index starting in 2002.
RECOMMENDATION:
Should Council wish to approve this adjustment, we are required to notify the PUC no
later than April 30, 2008.
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ACTION BY COUNCIL:
In order to accept the new CPI adjusted 2008 rates (Section 1), the Council must take
action to do so and advise the PUC. In order to accept the lower default rates (section
2), no action is required.
(smd)
Attachments: 1. March 27, 2008 - Letter from the Public Utility Commission of Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action to approve Minutes dated, March 3,
2008.
EXPLANATION:
Referred from April 7, 2008 in order to reflect Mr. Lamont’s presentation to the Council.
Council member Cates was absent.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Insert from April 7, 2008 Minutes
2. Minutes dated, March 3, 2008.
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Insert from April 7, 2008 Minutes
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 3, 2008.
Council member Wilson stated Mr. Greg Lamont’s comments to Council were left out
and asked that these minutes be referred to the next meeting so this section can be
researched.
34
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN
OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 3, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 3,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Sakura Moten-Dedrick Finance Director
A.2 Invocation given by Council member Sterling.
A.3 Pledges led by Sakura Moten Dedrick.
A.4 Citizen presentations:
Larry Crosser, 17 Overhill – Provided a brief update on Charter Review Commission and advised that the
Commission will conduct a Town Hall meeting on April 15, 2008.
Greg Lamont, 15 Avalon Drive – Upset that Public Officials Neil and Pauline Twomey have publicly
embarrassed the Town over the past several years by attacking staff and other public officials not under
their control.
Council member Wilson called point of order.
Lamont said his comments bare relevance with the upcoming election.
Neil Twomey, 203 Oakmont Drive – Advised the Council that Lamont started this and accused the Mayor
of allowing this to occur.
Patricia Adams read a letter submitted by Council member Cates tendering her resignation from the
Council effective immediately.
35
A.5 Biannual update by Staff Liaison for Ways & Means Advisory Group, and discussion of the
same.
Finance Director, Sakura Moten-Dedrick updated the Council and introduced Dwight Morrow who asked
the Council to set objectives for the staff when setting the budget and to produce the staff’s wish list
sooner in the budget process.
Consent Agenda
Motion made by Wilson, seconded by Edstrom to approve Items B.1 – B.3.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action ratifying an Ordinance approving
the terms and conditions of a note, as well as a specified lender for the financing of new
in-car video equipment for the police department.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. January 2008 - March 2008
B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
the submission of the grant application for the School Resource Officer Program for the
2008-2009 fiscal year and designating the Town Manager as the authorized official for the
Town.
B.4 Consent Agenda: Discuss and take appropriate action regarding an Ordinance of the Town
of Trophy Club approving a settlement agreement between Atmos Energy Corporation,
Mid-Tex Division and Atmos Texas Municipalities, determining that existing rates should
be changed, and adopting new tariffs.
Item B.4 was deferred until after Item D.1.
Town Manager Emmons said that Atmos’ original request was for $52 million rate increase. The
settlement provides for a $10 million increase, of more than an 80% reduction in the requested
increase in rates. Under the settlement, residential rates will increase by $0.20 per month. Atmos
Texas Municipalities recommends that the settlement agreement be adopted.
Motion made by Edstrom, seconded by Wilson.
Motion passed unanimously without any discussion.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: Consider a Resolution of the Town of Trophy Club determining the current
rates of the Atmos Energy Corporation, Mid-Tex Division to be unjust and unreasonable.
Time opened: 7:27 p.m.
No citizen input.
Time closed: 7:28 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
36
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding a Resolution of the Town of Trophy Club
determining the current rates of the Atmos Energy Corporation, Mid-Tex Division to be
unjust and unreasonable.
Town Manager Emmons stated Atmos appealed the Council’s denial of its request for a $52
million rat increase to the Railroad Commission of Texas. The appeal was consolidated with GUD
Docket No. 9762. While at the Commission, Atmos Texas Municipalities and Atmos were able to
negotiate a settlement. The settlement included matters not appropriate to the Railroad
Commission jurisdiction such as the agreement to allow Atmos Texas Municipalities cities to
increase the municipal franchise compensation rate to 5% of gross receipts.
Atmos Texas Municipalities legal counsel stated that there was some risk that settlement might be
nullified. For this reason, legal counsel felt that it was prudent to re-establish original jurisdiction
before each Atmos Texas Municipality. Jurisdiction can be re-established through the adoption of
the Show Cause Resolution.
Atmos Texas Municipalities recommends adoption of the Show Cause Resolution so that the City may re-
establish original jurisdiction over the Atmos Energy Corp., Mid-Tex Division rates.
Motion made by Moss, seconded by Edstrom to approve the Resolution.
Motion passed unanimously without any discussion.
D.2 Discuss and take appropriate action relative to a request for a Temporary Use Community
Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club
Women's Club)
Mayor Sanders introduced applicant, Betty Watson.
Motion made by Edstrom, seconded by Wilson to approved the Temporary Use Community Garage Sale
Permit granted by Special Privilege.
Wanda Brewster, 222 Fresh Meadow Drive – Mrs. Brewster, Co-President of Trophy Club Women’s Club
(TCWC) announced that TCWC grossed $8,000 from both garage sales last year and the money was
donated to the Haslet Library, Roanoke Food Pantry, Meals on Wheels and Trophy Club Animal Control.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action awarding the contract for Trophy Club Drive (Master
Improvements) Phase 2 project bid.
Motion made by Edstrom, seconded by Sterling to approve.
Town Manager Emmons said Town staff conducted two preliminary meetings with six contractors and
received three bids for Trophy Club Drive (Master Improvements) Phase 2 project. This project consists
of four major improvements located in the PID. Staff recommends the Council award the bid to Four-D
Construction in the amount of $5,398,082.19. Emmons stated that the increase cost of fuel added to the
cost overruns and has had a negative impact. Four-D Construction is currently the contractor for the
Highlands and Turnberry and is familiar with the Town’s needs and expectations.
Council member Wilson is concerned that the Town is reaching into the contingency fund and requested
Town Manager Emmons to be firm in the future regarding cost overruns. Town Manager Emmons
responded most of the other potential cost overruns will be able to be absorbed to meet the budgetary
requirements.
37
Mayor Pro Tem Edstrom modified the motion awarding the $5,398,082.19 bid contingent upon final
approval of the bonds, authorizing the Town Manager to sign the contract, and recognizing the letter from
Centurion guaranteeing payment for the incentives, the second agreed.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding an Agreement for Professional Services
between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase
Services related to the Highlands at Trophy Club Master Improvements, Phase 2.
Town Manager Emmons stated this contract will cover all engineering responsibilities related to the
construction phase of the Trophy Club Master Improvements Phase II. Contract funding will be provided
proportionately based on the assessed benefit to the residents of The Public Improvement District (PID).
The Engineer’s Opinion of Cost in the Service and Assessment Plan for the Highlands of Trophy Club
PID included the engineering costs as part of the total project cost. Staff recommends the Town contract
with Carter and Burgess and requested that the Council acknowledge the purchasing policies. After
speaking with other contractors, staff did not advertise this agreement as it would have been
disingenuous as the determination was already made that Carter and Burgess was qualified. Emmons
said staff is still waiting on indemnification language for the contract.
Motion made by Moss, seconded by Wilson to approve the agreement.
Council member Wilson said it makes sense to award the agreement to Jacobs Carter Burgess. Wilson
asked Town Manager Emmons to request Jacobs Carter Burgess to be timely as they have missed
previous deadlines. Krisha Brooks from Jacobs Carter Burgess said they will be very proactive to ensure
a quick turn around.
Council member Moss modified the motion, acknowledging of exception to the procurement policy,
approval pending the change to the indemnity language and removal of article 18, Section E and
authorizing the Town Manager to execute, the second agreed.
Motion passed unanimously without further discussion.
D.5 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled
"Administration" of the Code of Ordinances, enacting Section 8.16, entitled "Public Works
for Public Improvement District No. 1."
Town Manager Emmons proposed staff’s recommendation of adding a new section to the Schedule of
Fees, Section 8.16 "Public Works for Public Improvement District No. 1" to cover all the fees associated
with water and wastewater, as well as the connection fee, impact fee, etc. to service the PID. Emmons
said the fees are consistent with the fees established by the MUDs.
Motion made by Edstrom, seconded by Wilson approving the Ordinance amending Chapter 1, entitled
"Administration" of the Code of Ordinances, enacting Section 8.16, entitled "Public Works for Public
Improvement District No. 1."
As requested by Council member Moss, Town Manager Emmons restated that the charges are the same
as the current rates being charged by the MUDs and that there is no increase.
Motion passed unanimously without further discussion.
D.6 Discuss and take appropriate action regarding the submission of the Grant application for
the Criminal Investigator Program for the 2008-09 fiscal year.
38
Police Commander Tony Simmons presented that the Town’s growth of the Town is creating a burden on
the Police Department and the likelihood for resolution to investigations.
Motion made by Edstrom, seconded by Moss approving the submission of the Grant application for the
Criminal Investigator Program for the 2008-09 fiscal year.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding the consideration of proposed site options
to move the outdoor warning siren from the Harmony Park parking areas owned by Beck
Properties.
Town Manager Emmons provided the following three options with quotes from American Communication:
Option 1: Move the existing Warning System tower, which is located at the south end of Harmony
Park on a lot West Hillside Place, approximately thirty yard to the west. ($6,000.00)
Option 2: Move the existing Warning System tower to the north end of Harmony Park and add an
additional 3-cell, to expand the warning coverage to the south end of Trophy Club Park.
($11,442.00) There will still be a void covering neighborhood 7.
Option 3: Move the existing Warning System tower, which is located on the south end of Harmony
Park on a lot on West Hillside Place, approximately thirty yards to the west. Add an
additional 2-cell Warning System tower to a location on the east end of Marshall Creek
Road. 32 ($22,887.00)
Emmons explained that the contractor would need thirty days notice to move the System. Staff
recommends starting with Option 1, and to set funds aside in order to move to Option 3 when the Town
builds out. Funding could potentially come from the Fire Department emergency and building
maintenance, and staff could check with the EDCs and the MUDs for funding help since the $6,000.00as
this is not a budgeted item.
Motion made by Moss, seconded by Edstrom, accepting Option 1 for $6,000, requesting Town Manager
Emmons look into funding options and to keep the Council informed if the Town receives formal word
from Beck to move faster.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action directing staff to undertake a traffic study in the area
of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow
of traffic, number of lanes and potential for a mandatory turn lane.
Town Manager Emmons said a simple traffic survey can be completed in-house for less than $2,000. A
long-term study/traffic count would need to be conducted by a traffic engineer, estimated at $5,000 to -
$7,500.
Randy Rutledge, 5 Jamie Court – Spoke in favor of the traffic study and recommended traffic calming
measure rather than speed reduction.
Fred Zuber, 22 Hanna Court - Spoke in favor of the traffic study.
Mayor Pro Tem Edstrom is confident in the staff’s ability to perform the study and is not in favor of
spending the funds to hire an engineering firm. Edstrom suggested that the Council direct the Town
Manager to have the appropriate staff conduct the traffic study and report back at the first meeting in
April.
No action taken only direction.
39
D.9 Discuss and take appropriate action regarding the Employee Services Contract.
Mayor Sanders advised the contract was been reviewed by the Town and MUD attorneys. The only
changes are to Paragraph X, Discipline. The changes were approved by the Master District on February
13, 2008.
Motion made by Edstrom, seconded by Moss.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action regarding an Ordinance amending Section 4.05(B)(2)
of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement
of political signs.
Mayor Sanders confirmed with Town Attorney Adams that easements were not addressed. Town
Attorney Adams does not have any legal concerns with this language.
Motion made by Sterling, seconded by Moss.
Council member Sterling recapped one sign per candidate, per yard. If ten people are running, a person
may have ten signs in their yard. Mayor Pro Tem Edstrom would still like to limit the number of signs per
open seats.
Motion passed unanimously without further discussion.
Council recessed for ten minutes.
D.11 Discuss and take appropriate action to approve Minutes dated, February 11, 2008.
Motion made by Edstrom, seconded by Moss.
Motion passed 3:0:1 with Sterling abstaining.
Council moved up Item D.14.
D.12 Discuss and take appropriate action regarding the proposal and resulting negotiations
between the Town of Trophy Club and the Management Connection, Joe Gonzales.
Mayor Sanders informed the Council that Mr. Gonzales is not willing to lower his price. Mr. Gonzales’ fee
is based on recouping his cost when he came out and interviewed the Council. Gonzales said he is
perhaps the wrong person to conduct this training since Council does not realize the training importance.
Town Manager Emmons said Mr. Gonzales’ price is firm.
Council member Wilson and Sterling agreed that everything is negotiable. Council member Moss said
that this would be a waste of money, feels all of the Council members bring a wealth of professional
business relations and that the Texas Municipal League offers training sessions for a nominal fee. Mayor
Pro Tem Edstrom does not have a problem not contracting with Mr. Gonzales. Edstrom suggested
contacting Davis Palmer, NISD Board President regarding his presentation on how well the School
District relates with one another, their concerted effort as a team and the chain of command. Edstrom
agreed with Moss that the Council collectively has time and business experience, and also have areas to
improve. Moss would like to consider Davis Palmer.
Motion made by Sterling, seconded by Moss to deny proposal.
Motion passed unanimously without further discussion.
40
D.13 Assistant Town Manager to give a report regarding the items to be discussed at the
Regional Roundtable Meeting between the Town Council of Trophy Club, the Board of
Alderman for the Town of Westlake, City Council for the City of Roanoke and the Board of
Directors for the Northwest Independent School District and discussion of the same.
Assistant Town Manager Seidel provided a brief report regarding the Regional Roundtable.
Mayor Pro Tem Edstrom suggested specific time allotments for each item. Mayor Sanders is not in favor
of placing time limits on the items and would prefer to know a time frame for each item, prior to the
meeting in order to keep the meeting flowing.
Council member Wilson requested Town Manager provide her a copy of the engineering study on the
road from Byron Nelson High School to Hwy 377.
No action taken, report only.
D.14 Town Manager to give a report regarding the creation of a Water/Wastewater study team
and discussion of the same.
Town Manager Emmons stated that as directed by Council, he has begun his search for a study team.
The RFQ was provided to the Master District last week and Emmons has received input from some of the
Directors. Emmons suggested Council address every issue in order to determine if operations are
running efficiently. The study needs to include a review of the current infrastructure condition so that the
Town has knowledge of the current system.
Town Manager Emmons estimated the study would cost $30,000 – 40,000 on the low end and $75,000 -
100,000 on the high end.
Ben Brewster, 222 Fresh Meadow Drive – Spoke on behalf of over 560 citizens who responded to the
letter the Ad Hoc committee sent out, all in favor of the study. Mr. Brewster referenced the consolidation
of Solana through legislative action which would be long and drawn out. Legal aspects need to be
addressed first and management consideration on how our management would work with Westlake.
Brewster said the ad hoc Committee is not saying consolidation is the only way and want the study to
determine.
Mayor Sanders agreed and said in order to spend this type of money he would like reassurance that the
Town can save the residents some money. The value of Solana needs to be determined first in order to
make a decision.
Mayor Pro Tem Edstrom would like to know the cost to maintain and upgrade the infrastructure. Mayor
Sanders would like copies of the previous studies. Town Manager Emmons stated the overall
environment and factors have changed since the last study. Emmons would like Council’s direction to
solicit and accept proposals for a study and for Council to provide a detailed list of items they want
included in the study. The MUDs will only contribute to the financial aspects of study and not to a full
engineering analysis. Mayor Sanders referenced the bipartisan study team mentioned in the ad hoc
committee letter and would like the MUDs to inform the Town what they would like to change from the
original scope defined at the October 2006 meeting. Town Manager Emmons read the minutes from the
October 22, 2006 meeting and stated that the MUDs were aware of the scope of the study the Town was
going to engage in.
Council member Moss would like to see Town Manager Emmons move forward and solicit costs factors
for the study so the Council can prioritize. Council member Wilson likes the idea of having the price
components and commented that the financial analysis is her biggest concern. Wilson would like to see
the study team work with the ad hoc committee, and would like Town Manager Emmons to clear up the
misunderstanding with the Master District so that everyone knows this is an unbiased study.
41
No action taken, input only.
D.15 Items for Future Agenda.
Staff will come back in April with the traffic study.
The reviews for the Town Manager, Town Attorney and Town Secretary will occur at the meetings in April.
Mayor Sanders asked the Council to recognize the significant staff time ordinance review and revisions
require.
Council member Wilson added the solicitation ordinance. Town Manager Emmons confirmed the
ordinance is scheduled for the next meeting.
D.16 Reports.
(a) Town Manager Emmons gave his report.
(b) EDC 4A Liaison, Council member Moss gave his report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to
seek the advice of its attorney about pending or contemplated litigation:
Time entered: 10:17 p.m.
(1) Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Time reconvened into Regular Session: 10:28 p.m.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
Motion made by Edstrom, seconded by Wilson directing Town Attorney Adams to proceed with response.
Motion passed unanimously without any discussion.
F.1 Adjourn.
Motion made by Edstrom, seconded by Wilson to adjourn.
Meeting adjourned at 10:29 p.m.
_______________________________ ________________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.5
Discuss and take appropriate action to approve Minutes dated, April 7,
2008.
EXPLANATION:
Council member Cates was absent.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, April 7, 2008.
43
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 7, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 7,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Park and Recreation Director
Sakura Moten-Dedrick Finance Director
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was
present.
A.2 Council member Sterling gave the Invocation.
A.3 Mayor Sander led the pledges.
A.4 Citizen presentations:
Commander Tony Simmons acknowledged the Trophy Club Explorer Post received the following awards
at the
Texas Law Enforcement Explorer Advisors Association (TLEEAA) State competition this past Saturday:
Advisor of the year – Tony Simmons
Agency of the year – Trophy Club PD
Trophy Club Officer of the Year
Special Appointment - TLEEAA State Director of Regional Representatives - Tony Simmons, Trophy Club
PD
Best Post All Around
44
3rd Place Best team – Total of 80 Teams from across the state – Blue team
4th Place Best team – Red Team
Misdemeanor Traffic Stop with Arrest – 1st Place
Accident Investigation – 1st Place
Crime Prevention- 2nd Place
Bomb Threat Response – 2nd Place
Domestic Crisis Intervention – 2nd Place
Robbery in Progr ss – 3rd Place
Arrest, Search and Seizure – 3rd Place
Crime Scene Search – 3rd Place
First Aid – 3rd Place
Pauline Twomey, 203 Oakmont Drive – Reported that the Marshall Creek figures provided by Greg
Lamont at a September 2006 were incorrect.
Mayor Pro Tem Edstrom called point of order. Mayor Sanders reminded Ms. Twomey to keep her
comments pertinent to the Council.
Gregory Lamont, 15 Avalon Drive – Responded to Ms. Twomey’s claim that the numbers were provided
to him by then Finance Director Roger Unger.
A.5 NISD Superintendent Dr. Rue presented an overview of 2008 Northwest ISD Bond
Program.
Council moved to Item C.1
A.6 MUD 1 Director, Connie White presented and overview of the issuance of $2,000,000 of tax
bonds and the levy of ad valorem taxes to pay for the bonds (construction and equipment
of fire station and acquisition of land by the Master District).
Council member Wilson requested Item E.2 be moved up after this presentation.
Mayor Pro Tem Edstrom stated that the following facts on the Town’s website; Texas State Law currently
does not allow the Town of Trophy Club to tax property in another municipality such as Westlake.
However, by Law, Municipal Utility Districts such as MUD 1 can. Therefore, if the Town of Trophy Club
owned the Fire Department, all tax monies from the Solana customers would be lost and tax rates would
likely increase are not wholly accurate, and asked that this line be removed or a sentence be added to
clarify this statement.
Council member Wilson said the presentation was informative.
Mayor Sanders stated that due to the depilating conditions at the Police department building, discussions
have begun between the Town and the MUDs regarding the option to have one building which houses
both the Fire and Police departments.
Lou Opipare, 32 Crestwood Drive – Stated he was the former Director of Police and Fire Services and
was here when the Fire Department was built and the building has surpassed the original intentions.
Greg Lamont, 15 Avalon Drive – Opposes the action of the Master District and feels the MUD 2 residents
should be allowed to vote on a new fire station. Mayor Sanders asked Mr. Lamont to limit his speech to
this item.
Carol Borges responded to Mr. Lamont’s comments regarding the MUDs Fact Sheets.
Council member Sterling confirmed that the new station will allow additional space for vehicles. Director
Connie White said the new fire station will see the Town through the anticipated build out.
45
Council member Wilson said a community room for the Boy Scouts would be an improvement over the
current conditions of having them in the parking lot.
Item E.2 was moved up.
Council member Wilson removed Items B.2, B.4, B, 5 and B.6 from the Consent Agenda.
Motion made by Edstrom seconded by Moss to approve Items B.1 and B.3. Motion passed unanimously
without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. February 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 19, 2007.
Mayor Sanders pointed out the following corrections: strike the sentence, All in favor of closing debate
and voting on the main motion failed 4:1, with Council member Wilson voting against under the Executive
Session (page 20 of the packet) and changed the time to 2:12 a.m. under Adjournment (page 22 of the
packet.)
Council member Wilson referenced page 20, the word mistake is duplicated and precede should be
proceed. Page 18, Item F.2 spoke should be spoken and page 21 should be a.m. not p.m.
Motion made by Edstrom, seconded by Wilson to approve the Minutes dated, November 19, 2007 with
corrections. Motion passed unanimously without any further discussion.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 17, 2007.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 3,
2008.
Council member Wilson stated Mr. Greg Lamont’s comments to Council were left out and asked that
these minutes be referred to the next meeting so this section can be researched.
Item referred.
B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 12, 2008 (Joint Regional Meeting.)
Council member Wilson corrected A.3(a), page 42, should read state of the art park facility.
Motion made by Wilson, seconded by Edstrom approve the Minutes dated, March 12, 2008 with
the correction. Motion passed 3:0:1 with Sterling abstaining.
B.6 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 17, 2008.
Motion made by Sterling, seconded by Moss to approve the Minutes dated, March 17, 2008.
Motion passed 3:0:1 with Wilson abstaining.
46
End of Consent
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding a Resolution supporting and encouraging
the passage of the May 10, 2008 Northwest ISD $260,000,000 bond.
Mayor Pro Tem Edstrom read the Resolution.
Motion made by Moss, seconded by Edstrom to approve the Resolution supporting and encouraging the
passage of the May 10, 2008 Northwest ISD $260,000,000 bond. Motion passed unanimously without
any discussion.
C.2 Discuss and provide input regarding an Interlocal Agreement between the Town of Trophy
Club, the City of Roanoke, NISD and Denton County for the construction of Northwest
Parkway along NISD property to its intersection with Highway 377.
Attending: Kyle Salzman, Jacobs Carter Burgess
Alvin Jackson, Centurion American
Town Manager Emmons explained this interlocal agreement provides for the funding and construction of
the road to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke to connect
at its intersection with Highway 377. Denton County is providing funding which is divided proportionately
between Trophy Club, Roanoke, and NISD. Under the PID Development Agreement between Centurion
American and the Town, Centurion American is responsible for the costs of construction for the portion of
the road that goes across property owned by Centurion. The agreement contains an exhibit which
identifies road segments, the cost of construction for each segment and identifies the party responsible
for those costs. The Town will act as project manager and lead the contract.
A. Discuss and provide input on the development agreement between the Town and
Centurion American for the extension of Northwest Parkway
The County was uncomfortable with Centurion American being a member to the interlocal development
contract, so the obligations of Centurion American have been outlined in a separate agreement between
Centurion and the Town. A copy of the draft agreement between Centurion American and Trophy Club is
also included for your review.
No action input only.
C.3 Discuss and take appropriate action on a request for approval of a Temporary Use for Off
Street Parking for Model Homes in Planned Development No. 27, Neighborhood 3, Phase
1A, for a period of time of not greater than one year. Applicant: K. Hovnanian Homes -
DFW, LLC
Attending: Todd Webb, K. Hovnanian Homes
Planning and Zoning Chairman Gene Hill provided K. Hovnanian Homes is building two model homes
located at 2216 and 2220 Trophy Club Drive. The builder wishes to place a paved parking lot between
the two model homes; the parking lot is to be located on Lot 10, Block A, which carries the address of
2218 Trophy Club Drive. This type of request must be heard by the Planning and Zoning Commission for
recommendation to the Town Council. The builder must eventually remove the parking lot, restoring the
lot to a buildable single family home lot as originally shown on the Neighborhood 3, Phase 1A plat. The
Planning and Zoning Commission approved this request on Thursday, April 3, 2008 by unanimous vote.
47
Motion made by Wilson, seconded by Moss to approve the request for approval of a Temporary Use for
Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 3, Phase 1A, for a
period of time of not greater than one year.
Council member Sterling questioned a variance to the Town’s Ordinance. Town Attorney Adams advised
the Council could over rule the Planning and Zoning Commission and issue a meritoriously variance for
temporary use.
Motion passed unanimously without further discussion.
C.4 Discuss and take appropriate action on a request for approval of a Temporary Use for a
Real Estate Office (located in a trailer or manufactured housing), Churchill Downs
Subdivision, for a period of time not to exceed six (6) months. Applicant: F & R Adams
Luxury Homes
Planning and Zoning Chairman Gene Hill provided F & R Adams Luxury Homes requests permission to
place a sales trailer on Lot 19, Block B, which is addressed as 2016 Churchill Downs Lane. F & R Adams
Luxury Homes has a permitted construction trailer on this site, but would like to use the trailer as a sales
office as well. For permission to use a real estate office located in a trailer, the request must be heard by
the Planning and Zoning Commission for recommendation to the Town Council. The Planning and
Zoning Commission approved this request on Thursday, April 3, 2008 by unanimous vote.
Motion made by Edstrom, seconded by Sterling to approve the request for approval of a Temporary Use
for a Real Estate Office (located in a trailer or manufactured housing), Churchill Downs Subdivision, for a
period of time not to exceed six (6) months; denial of awnings currently installed on the trailer, installation
of ADA compliant curb ramp and sidewalk and the installation of landscaping materials at the ends of the
trailer and irrigation for the landscaping.
Amendment made by Sterling, seconded by Wilson to allow the awnings for six months.
Amendment passed 3:1 with Edstrom opposing.
Mayor Pro Tem Edstrom requested Planning and Zoning Coordinator Carolyn Huggins keep track of the
six month period.
Main motion as amended passed unanimously without further discussion
C.5 Discuss and take appropriate action on a request for approval of a Temporary Use for a
Real Estate Office (located in a trailer or manufactured housing), for a period of time not to
exceed six (6) months, Located on Commercial Recreation (CR) Zoned Property.
Applicant: Jacobs Carter Burgess on behalf of Centurion American. Property Owner:
ClubCorp Golf of Texas.
Attending: Kyle Salzman, Jacobs Carter Burgess
Alvin Jackson, Centurion American
Planning and Zoning Chairman, Gene Hill said on behalf of Centurion American, Jacobs Carter Burgess
requests permission to place a temporary real estate office on property owned by Trophy Club Country
Club (dba ClubCorp Golf of Texas). The property is located just west of the intersection of Trophy Club
Drive and Trophy Lake Drive with existing tennis facility, courts, and parking located on the site.
Centurion American wishes to place the temporary use real estate sales trailer on the south side of the
private drive entrance to the Country Club tennis courts. Centurion is proposing landscaping and parking
additions to the existing tennis facility, these features will become permanent additions to the site.
ClubCorp Golf of Texas must give permission to Centurion for the temporary use and must indicate their
approval of the permanent changes proposed by Centurion. The Planning and Zoning Commission
approved this request on Thursday, April 3, 2008 by unanimous vote.
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Motion made by Edstrom, seconded by Moss to approve the request for approval of a Temporary Use for
a Real Estate Office (located in a trailer or manufactured housing), for a period of time not to exceed six
(6) months, Located on Commercial Recreation (CR) Zoned Property.
The mover amended the motion to approve with the staff’s recommendation of denial of billboard, provide
a dumpster and screening, landscaping and irrigation of landscaping, the second agreed.
Main motion passed unanimously without further discussion
C.6 Discuss and take appropriate action regarding a Resolution amending Resolution 2007-21
to appoint one alternate member to serve on ZBA for the remainder of the unexpired term.
ZBA Chairman Bob Downey stated David Equitz a regular member of the Zoning Board
of Adjustment, resigned effective March 15, 2008, in order to pursue a job opportunity in
the northeastern part of the United States. The appointment of an alternate member of
the Zoning Board of Adjustment to fill the regular member position for the remainder of
Mr. Equitz’s term, which expires in 2009 is the recommendation of staff and the ZBA
Board. Mr. Barry’s position as an alternate will remain vacant until August when
advertising will take place to fill Board vacancies.
Motion made by Edstrom, seconded by Wilson to appoint Kevin Barry to serve on ZBA for the remainder
of the unexpired term. Motion passed unanimously without further discussion.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session at 9:28 p.m.
D.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to
seek the advice of its attorney about pending or contemplated litigation:
A. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah
Properties pending appeal of decision regarding lighted signage on the East Elevation of
Value Place Hotel (Section 551.071 (1) and (2))
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Council reconvened into Regular Session at 10:15 p.m.
D.2 Discuss and take appropriate action relative to Executive Session Item Number D.1 and
the appeal of the decision regarding lighted signage on Value Place Hotel East Elevation.
Attending: Arthur Selander, Attorney, Quilling-Selander-Cummiskey-Lownds
Roger Unger, Quanah Properties, LP
David Johnston, Quanah Properties, LP
Arthur Selander, Attorney representing Quanah Properties, Quilling-Selander-Cummiskey-Lownds
presented his clients facts of the case.
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Clayton Reed, 23 Timberline – Spoke to the process followed by staff and the Planning and Zoning
Commissions. Reed feels this should be left as is as it was approved by staff.
Mark Collins, 13 Jamie Court – Voiced his concern with the current signage.
Mayor Sanders asked Mr. Johnson if he would be willing to reduce the number of times the signs
changes. Mr. Johnson said they have already reduced the number and are willing to reduce it further,
however currently there is a hardware issue and further reduction is pending on the resolution of the
issue.
Mayor Pro Tem Edstrom confirmed that the sign in Denton is a backlit sign which is different than an LED.
Edstrom noted for the record to date, no one has walked away from this and that the Council is not trying
to cause undue harm.
Roger Unger stated that the former Planning and Zoning Coordinator, Kerin Fleck advised him this did not
need to go back to the Planning and Zoning Commission.
Motion made by Edstrom, seconded by Moss to move past 11:00 p.m. Motion passed unanimously
without further discussion.
Motion made by Edstrom, second by Wilson directing the Town Manager and Town Attorney to work with
Quanah Properties negotiating an equitable agreement for Council’s approval.
E.1 Town Manager Emmons gave an update on the traffic study in the area of Trophy Wood to
114 and Trophy Wood and Inverness to address safety concerns, flow of traffic, number of
lanes and potential for a mandatory turn lane, and discussion of same.
Police Chief Kniffen would like the traffic calming on Indian Creek to go all the way down to the
commercial area. Mayor Pro Tem Edstrom does not favor the calming going into the commercial area.
Public Safety Advisory member Bob Radder spoke to the research and agrees with Council member
Wilson’s comments about narrowing the frontage road to one lane and with the Chief’s recommendation.
Carol Avery-Daul - 110 Summit Cove agreed with Police Chief Kniffen’s recommendation to implement
traffic calming lanes all the way to the commercial area.
As directed by the Council, Town Manager Emmons will start the planning process and come back to
Council with and update and approval, if necessary.
E.2 Discuss and take appropriate action regarding the creation of a Water/Wastewater study
team and the following:
A. Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services
for the evaluation of financial impacts and issues.
Town Manager Emmons provided that staff solicited Request for Qualifications (RFQ) as well as
proposed Work Plans from several engineering and financial firms regarding a water/wastewater study.
After a thorough review, including consultation with the MUD Manager Walter Fitzpatrick, staff
recommends contracting with Citybase.Net, Inc. Lewis F. McLain Jr., to complete the water/wastewater
study financial analysis portion of this study not to exceed the amount of $15,000.
Additionally, staff recommends awarding the professional engineering services, operational, and legal
analysis potions to Freese and Nichols based on their expertise in water utilities and engineering. This
will enable staff to begin contract negotiations at a later date. Freese and Nichols have agreed to work
with Mr. McLain to incorporate his financial analysis with their evaluation. Master District will consider this
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item on Thursday and Town Manager Emmons met with MUD Manager Walter Fitzpatrick regarding the
findings and recommendation.
Master District Chair, Carol Borges, 33 Salida Drive – Stated the Master District agreed to participate in a
feasibility and financial study in October 2006 but have not yet agreed to an engineering study. Borges
suggested a committee consisting of two members from each entity to better the discussions. Council
member Wilson likes Borges’ idea to create a committee as it would eliminate the breakdown in
communication.
Mayor Pro Tem Edstrom clarified that the Master District agreed to the feasibility study even though they
have not reviewed the Company. Director Dean Henry said the Master District will not approve Section A
as written. Master District Chair Carol Borges stated the District will discuss when they meet on
Thursday.
B. Consider awarding the engineering, operational analysis, and legal analysis portions of
the Water Study project to Freese and Nichols and authorize staff to begin contract
negotiations.
Motion made by Moss, seconded by Edstrom to award a contract with CityBase.Net, Inc. Lewis F.
McLain, Jr. regarding professional services for the evaluation of financial impacts and issues and pending
the MUDs approval, not exceeding $15,000 and approving staff begin contract negotiations with Freese
and Nichols and authorize staff to begin contract negotiation. Motion passed unanimously without further
discussion.
E.3 Discuss and take appropriate action awarding the contract for the Timber Ridge Drive
paving and drainage improvements project, and authorizing the Mayor or his designee to
execute necessary contract documents.
Town Manager Emmons stated staff was shocked by the bids the Town received. Emmons said
Council’s options are to award the bid to the lowest bidder or reject all bids and reconsider in May.
Council agreed that the appropriate action is to reject all bids as recommended by staff.
E.4 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2008
including the Arbor Day Event festivities.
Mayor Pro Tem Edstrom read the proclamation.
Motion made by Wilson, seconded by Moss to approve the Proclamation for Arbor Day 2008. Motion
passed unanimously without any discussion.
E.5 Discuss and take appropriate action regarding the interlocal agreement with Denton
County for the collection of PID assessments.
Motion made by Edstrom, seconded by Wilson approving the interlocal agreement with Denton County for
the collection of PID assessments naming the Town Manager Emmons or his designee to act on the
Town’s behalf as indicated under Section XIII. Motion passed unanimously without further discussion.
E.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled "Public
Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled
"Peddlers and Solicitations."
Council member Wilson asked that this item be referred to the April 21, 2008 meeting.
E.7 Items for Future Agenda.
No items were added.
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E.8 Reports.
(a) Town Manager Emmons’ gave his report.
(b) EDC 4A Liaison, Council member Moss gave his report.
(c) Parks and Recreation Director, Adam Adams gave a brief update.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session at 12:27 a.m.
F.1 Council to convene into executive session pursuant to Texas Government Code,
annotated, subchapter 551, sections 551.074(a) "Personnel Matters" and 551.071 (1) & (2)
"Consultation with Attorney", respectively, the Council will enter into executive session to
discuss the following:
A. Lisa Ramsey, Town Secretary Annual Evaluation, including terms of engagement and
employment contract with the Town (Section 551.074(a))
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Council reconvened into Regular Session at 1:28 a.m.
F.2 Discuss and take appropriate action relative to Executive Session Item Number F1 -
Annual Evaluation of Town Secretary, Lisa Ramsey, and Employment Contract.
Motion made by Edstrom, seconded by Sterling to release Lisa Ramsey from the probationary period, as
completed as satisfactorily and increase her salary by 2% at the completion of her Texas Municipal Clerks
Certification.
Motion passed 4:0:1 with Wilson abstaining.
Council is not in favor of establishing a contract at this time. Mayor Pro Tem Edstrom would like the
survey of surrounding City Secretaries reporting structure be forwarded to the Charter Review
Commission.
G.1 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 1:34 a.m.
_______________________________ ________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.6
Discuss and receive input regarding an Ordinance amending Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy
Club, Article IV entitled "Peddlers and Solicitations."
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinances from other cities (provided by Council member
Wilson)
2. Article IV entitled "Peddlers and Solicitations."
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Article IV
Peddlers and Solicitors
Section 4.01 Definitions
In this Code:
Actively Supervised: Means a supervisor shall be within one hundred feet (100’) of all children ten (10)
years of age or less for whom the supervisor is responsible at all times when said children are engaged in
soliciting.
Agent: Means any person contracting with the holder of a permit, secured pursuant to the terms of this
Article to advertise, distribute or sell products under said permit.
Charitable Solicitations Campaign: Means any course of conduct whereby any person, organization,
society, association, corporation or any agent, member or representative thereof shall solicit property or
financial assistance of any kind, or sell or offer to sell any article, tag, service, emblem, publication, ticket,
advertisement, subscription or anything of value on the plea or advertisement, subscription or anything of
value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a
charitable, educational, patriotic or philanthropic purpose.
Goods or Merchandise: Means and shall be construed to mean any personal property of any nature
whatsoever except printed material.
Itinerant Vendor: Means a person who engages in a business of selling goods or services from any
structure or vehicle which is not affixed to the ground, or from no structure or vehicle.
Mobile Food Unit: Means a vehicle from which food is distributed or served to an ultimate customer.
Person: Means an individual, corporation, association, church, organization, society or any other legal
entity.
Public Property: Means any property open or devoted to public use or owned by the Town, including,
but not limited to, sidewalks, streets, parkways, medians, right-of-way easements and parks.
Religious Solicitation and Solicitations For a Religious Purpose: Means and include any course of
conduct whereby any person, organization, society, association or corporation, or any agent, member or
representative thereof, solicits property or financial assistance of any kind or sells or offers for sale any
article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the
plea or presentation that such sale or solicitation or the proceeds thereform are for a religious purpose, on
the streets, in any office building or any other public or private place, or by house-to-house canvassing.
Shoulder: Means the unpaved section of highway, road, or street in Trophy Club which is located in the
public right-of-way and abuts the paved section of the highway, road or street and extends to the outside
boundaries of the right-of-way.
Solicit: Means selling or attempting to sell goods or merchandise, services or anything of value, or to
take or attempt to take orders for the future delivery of goods or merchandise, or anything of value, or
take or attempt to take orders for services to be furnished or performed in the future when the solicitation
occurs upon the premises of another or upon any public property.
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Solicitation: Means the practice, act or instance of soliciting.
Solicitor: Means all persons, as well as their agents and employees, who solicit.
Vehicle: Means every devise in, upon, or by which a person or property may be transported or drawn
upon a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and
vans.
Ord. No. 86-12, § II, 4-14-86 Repealed by Ord. No. 92-22, § II, 12-15-92
Section 4.02 Commercial Solicitation
A. Permit Required
It shall be unlawful for a person to solicit in person in the town without first
having a written permit therefore.
B. Affirmative Defenses to Permit Requirement
The following shall be affirmative defenses to prosecution under Section
4.02(B) of this Code.
1. That the solicitation is for a charitable, educational, patriotic or
philanthropic or religious purpose.
2. That the solicitor is on the property by express invitation of the person
residing on or controlling such premises.
3. That the solicitor is a wholesale agent or factory representative who sells
or exhibits for sale goods, wares or merchandise and was soliciting a
person or persons engaged in the business of buying, selling and
dealing in the same type of goods or merchandise.
4. That the solicitor was operating under a license granted by a state
agency or the Town of Trophy Club authorizing the sale of property or
services which the solicitor wishes to sell in the Town of Trophy Club.
5. That the person was soliciting newspaper sales or sales of other printed
matter.
6. That the solicitation takes place upon the premises owned, leased or
controlled by the solicitor or by his empower.
C. Application For Permit
1. Any person and any agent of any person desiring to solicit within the
Town shall file a written application for a permit to do so with the Town
Secretary, which application shall show:
a. The name and address of the applicant; if the applicant is an
association, company or corporation, then it shall state its name
along with the names of the persons who will be soliciting in the
Town;
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b. The name and address of the employer or firm which such
applicant represents;
c. If the applicant is a corporation, or if the individual is employed by a
corporation, the date and place of incorporation;
d. The names of other communities in which the applicant has
worked as a solicitor in the past twelve (12) months; and if he was
employed by a different company in the other communities; the
names of those companies shall also be stated;
e. The nature of merchandise to be sold or offered for sale or the
nature of the services to be furnished;
f. Whether such applicant upon such order so obtained will demand,
accept or receive payment or deposit of money in advance of final
delivery;
g. The period of time such applicant so wishes to solicit, sell or take
orders in the Town;
h. An outline of the method or methods to be used in conducting the
solicitations;
i. A physical description of the applicant which includes race, sex,
height, weight, hair and eye color, date of birth, driver's license
number and the name of the state issuing the driver's licenses; and
j. Whether the applicant or any agent of the applicant has been
convicted within the last five (5) years of murder, burglary, theft,
fraud, robbery, rape, or any drug-related felony.
2. Such application shall also show satisfactory proof of the applicant's
authority to represent the company or individual such applicant states
that he represents, and it shall be in writing.
3. This application shall be accompanied by a Ten Dollar ($25.00) fee and
no permit hereunder shall be issued until such fee has been paid by the
applicant.
4. A permit requested under this Section shall be issued for the length of
time requested, not to exceed twelve (12) months. Upon expiration of
one permit, the solicitor may apply for a new permit in the same manner
prescribed by this section for a new permit.
5. The Town Secretary shall refer the application to the police department
for the purpose of determining whether or not the applicant or any of the
applicant's agents have been convicted within the last five (5) years of
murder, burglary, fraud, theft, robbery, rape or any drug-related felony.
D. Issuance of Permits; Bond Required
1. Where the applicant for a permit to solicit within the Town shows that the
applicant will not demand, receive or accept payment and/or deposit of
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money in advance of final delivery of such goods, merchandise or
services to be sold and/or solicited by such applicant, it shall be the duty
of the Town Secretary to issue to such applicant a permit to solicit, sell
and take orders for such goods, merchandise, and/or services set out in
such applicant's application within five (5) working days (Monday
through and including Friday) of the completion of the application and
upon the payment of the Ten dollar ($10.00) fee unless it has been
determined that the application contains false information or the person
has been convicted within the last five (5) years of murder, theft, fraud,
burglary, robbery, rape or a drug-related felony.
2. If the application for such permit shows that such application shall
receive, demand or accept payment and/or deposit of money in advance
of final delivery of goods, merchandise, services or anything of value
sold, then such application shall be accompanied by a bond in the penal
sum of One Thousand Dollars ($1,000.00) for an individual permit
executed by such applicant as principal and a surety company licensed
to do business as such in Texas. Such bond is to be conditioned upon
making final delivery of such goods, merchandise, services, or anything
of value in accordance with the terms of such order and/or orders
obtained and which bond shall be used for the benefit of all persons,
firms or corporations who may pay in advance or make any advance
deposit on the purchase of said orders and said bond shall stipulate in
its terms.
3. If the application contains false information or the person has been
convicted within the last five (5) years of murder, theft, fraud, burglary,
robbery, rape or drug-related felony, the Town Secretary shall not issue
the permit.
E. Permit Card
1. Along with every individual permit issued under the provisions of this
Article, the permittee shall be issued a card which shall be wallet size
and contain the following information. Name of permittee, permit
number, date of expiration of permit and the signature of the Town
Secretary. Such card shall be stamped with the seal of the office of
town Secretary on the face thereof.
2. It shall be unlawful for any person soliciting in the Town without having
the required permit card on his person.
3. It shall be unlawful for any person soliciting to fail or refuse to show or
display such permit card upon the request of any person demanding the
same.
F. Appeal From Denial or Revocation of Permit
Should an applicant be denied a permit, or have a permit revoked, he may
appeal that action to the Town Council by submitting a letter to the Town
Secretary's office within ten (10) days of the action complained of. A hearing
on the denial will then be scheduled for the next regular meeting of the
Council. The Council will render a decision on the appeal within ten (10) days
of said hearing.
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G. Prohibited Conduct
It shall be unlawful for a person engaged in solicitation to:
1. Misrepresent the purpose of the solicitation;
2. Misrepresent the affiliation of those engaged in the solicitation;
3. Continue efforts to solicit from an individual once that individual informs
the solicitor that he does not wish to give anything to or buy anything
from that solicitor;
4. Represent the issuance of any permit or registration under this Article as
an endorsement or recommendation of the solicitation;
5. Go on property upon which the owner of the property or the person
controlling the property has posted signs prohibited solicitation; or
6. Remain on property after the owner of the property or person controlling
the property has instructed the solicitor to leave.
H. Sale of Fresh or Frozen Meats and Seafood Prohibited on Public
Property.
It shall be unlawful for any person to peddle, solicit, sell, offer for
sale or exhibit for sale fresh or frozen meats or frozen seafood upon any
public property within the Town.
I. Sale of Fresh or Frozen Meats or Seafood by Itinerant Vendors
Prohibited.
1. It shall be unlawful for any itinerant vendor to peddle, solicit, sell, offer
for sale or exhibit for sale fresh or frozen meats or seafood within the
limits of the Town of Trophy Club.
2. It shall be an affirmative defense to Section 4.02(H) if the solicitor is a
wholesale agent, factory representative or other person who sells or
exhibits for sale fresh or frozen meats or seafood and was soliciting
persons engaged in the business of buying and selling fresh or frozen
meats and said solicitation does not occur on public property.
J. Unlawful to Solicit Occupants of Vehicles on Paved Surface or
Shoulder of Public Streets.
1. It shall be unlawful for any person to solicit the occupant of any vehicle
located upon the paved surface or shoulder of any public street, highway
or road within the Town.
2. It shall be an affirmative defense to prosecution under Section 4.02(I)(1).
if the solicitation was for the sale of newspapers or publications or other
printed material which deal with the dissemination of information or
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opinion; however, this defense is not available if said solicitation
occurred upon the paved surface or shoulder of those major
thoroughfares listed in Section 4.02(M).
K. Unlawful to Solicit or to Erect Structures on Public Property.
1. It shall be unlawful for any person to occupy any public property in the
Town, including but not limited to public right-of-way, public street
median or public sidewalk, for the purpose of soliciting.
2. It is an affirmative defense to prosecution under this Section if a person
engaged in soliciting:
a. Possesses a contract with the town to operate a concession on
designated areas of public property; or
b. Possesses a vendor's permit for prepared frozen dairy food
products or frozen desserts to be sold from a mobile food unit on
the streets and which unit remains in the same place no more than
five (5) minutes and then moves on to a new location after each
sale; however, this defense is not applicable to the sale of
prepared frozen dairy food products and frozen deserts to be sold
from a mobile food unit or otherwise upon the major thoroughfares
listed in Section 1.02(M); or
c. Is selling, distributing or offering for sale only printed matter on
streets, sidewalks or rights-of-way other than those major
thoroughfares listed in Section 4.02(M); or
d. Is operating a vehicle for hire pursuant to a franchise, license, or
permit of the Town of Trophy Club or State of Texas; or
e. Has been granted permission by agreement approved by the Town
Council.
3. It shall be unlawful for any person to erect, construct, build, place or
maintain any booth, stand or other structure, or vehicle, either
permanent or temporary upon any public property, including, but not
limited to, public right-of-way, public street, median, or public sidewalk
with the intent of soliciting from such structure or vehicle. It shall be an
affirmative defense to prosecution under this Section if:
a. The coin-operated newspaper vending machine is located upon
public sidewalks and does not create a hazard to pedestrians or
vehicular traffic; or
b. The person possesses a contract with the Town to operate a
concession on designated areas of public property; or
c. The person has been authorized to do so at a special event by the
Town Council; or
d. The person possesses a vendor's permit for prepared frozen dairy
food products or frozen desserts to be sold from a mobile food unit
on the streets and which unit remains in the same place no more
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than five (5) minutes and then moves on to a new location after
each sale; however, this defense is not applicable to the sale of
prepared frozen dairy food products or frozen desserts to be sold
from a mobile food unit or otherwise upon those major
thoroughfares listed in Section 4.02(M).
L. Newspaper and Publication Sales
It shall be unlawful for any person to sell or offer for sale or to
give newspapers or publications to any occupant of any vehicle which is
located in a traffic lane or shoulder of any of the major thoroughfares set
forth in Section 4.02(M).
M. Major Thoroughfares
The rights-of-way, highways, roads and streets and the
intersections where other rights-of-way, highways, roads and streets
intersect the rights of way, highways, roads and streets enumerated in
the Town’s Comprehensive Land Use Plan are declared to be major
thoroughfares within the limits of the Town of Trophy Club for purposes
of this Section.
(Ord. No. 86-12, § III, 4-14-86 Repealed by Ord. No. 92-22, § III, 12-15-92)
Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11
Section 4.03 Charitable Solicitations
A. Permit Required; Exceptions
1. It shall be unlawful to conduct any charitable solicitation campaign in any office building, or
any public or private place or by house-to-house canvass, unless the person, organization,
society, association or corporation conducting same and responsible therefore shall first have
obtained a permit in compliance with the terms of this Section.
2. Affirmative Defenses
The permit requirement of this section shall not apply to:
a. Any organization which solicits funds solely from its own members or from its own
assemblies; not using public streets or public places for such purposes;
b. Any public or private school located in Trophy Club which controls the solicitation of
funds by parent-teacher association organizations and the solicitation of funds by other
activity groups which may be sponsored by the public school or by an association or
club whose primary purpose is to sponsor certain student and parent activities for the
benefit of such association, club or activity;
c. Any solicitation for the benefit of an individual or family that has suffered a personal
tragedy resulting from personal injury, illness or the loss of housing; and
d. Any solicitations campaign conducted through the use of television or radio as to those
activities directly related to the use of television or radio.
B. Same -- Application; Information to be Contained
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1. A permit to conduct a charitable solicitations campaign on the streets or in any public place or
by house-to-house canvass in the Town shall be granted upon application of such permit filed
in duplicate with the Town Secretary's office not less than five (5) working days (Monday
through and including Friday) prior to the initiation of the proposed charitable solicitations
campaign. If the application is mailed to the Town Secretary's office, it must be received five
(5) working days (Monday through and including Friday) prior to initiation of the proposed
campaign. Such application shall be sworn to by the applicant and shall contain at least the
following information.
a. The full name of the organization applying for a permit to solicit and the address of the
headquarters in the Town; if the organization is a chapter or other affiliate of an
organization having its principal office outside the Town; the name and address of the
parent organization.
b. The names and addresses of all officers and directors or trustees of the organization
and the name and city of residence of all officers, directors or trustees of the parent
organization, if any.
c. The purpose or purposes for which the gross receipts derived from such solicitations or
other activities are to be used.
d. The name of the person or persons by whom the receipts of such solicitation shall be
disbursed; if the receipts are transmitted to a parent organization for further
disbursement, detailed information on the methods of handling and disbursement of all
funds and a detailed and complete financial statement of the parent organization for the
last preceding fiscal year.
e. The name and address of the person or persons who will be in charge of conducting the
charitable solicitations campaign and the names of the persons who shall actually solicit
contributions.
f. A physical description of the applicant which includes race, sex, height, weight, hair and
eye color, date of birth, driver's license number and the name of the state issuing the
driver's license.
g. Whether the applicant or any agent of the applicant has been convicted within the last
five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony.
h. An outline of the method or methods to be used in conducting the charitable solicitations
campaign.
i. The period within which such charitable solicitations campaign shall be conducted,
including the proposed dates for the beginning and ending of such campaign.
j. The total amount of funds proposed to be raised.
k. The amount of all salaries, wages, fees, commissions, expenses and costs to be
expended or paid to anyone in connection with such campaign, together with the
manner in which such wages, fees, commissions, expenses and costs are to be
expended, and the maximum percentage funds collected which are to be used to pay
such expenses of solicitation and collection.
l. A full statement of the character and extent of the charitable, educational, patriotic or
philanthropic work done by the applicant within the Town during the last preceding year.
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m. If the applicant is a charitable corporation or other organization to which contributions
are tax deductible for federal income tax purposes.
2. A fee of ten dollars ($10.00) must be submitted with the application unless the applicant can
prove indigency or inability to pay, in which case arrangements may be made to pay the
requisite fee in installations.
3. The Town Secretary shall refer the application to the police department for the purpose of
determining whether or not the applicant or any of the applicant's agents have been convicted
within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related
felony.'
C. Issuance of Permit
Upon receipt of a proper application, the Town Secretary shall issue a permit unless she determines
that:
1. One or more of the statements made in the application are not true;
2. The applicant or person in charge of the charitable solicitations campaign has made or caused
to be made false statements or misrepresentations to any member of the public with regard to
the charitable solicitations campaign or other activities described in the permit, or has made or
caused to be made false statements or misrepresentations in the application, or has in any
way publicly represented that the permit granted hereunder is an endorsement or
recommendation of the cause for which the charitable solicitations campaign is being
conducted or has otherwise violated any of the terms of the permit or this Article; or
3. The applicant or person or persons who are actually to solicit contributions have been
convicted of murder, burglary, fraud, robbery, theft, rape or a drug-related felony within the last
five years preceding the filing of the application.
D. Duration of Permit
A permit issued under this Section shall be for a one-year period. At the end of that time, the
applicant may apply for an extension of the permit on a form supplied to him by the Town
Secretary's office. This form may require the submission of the same information that was required
in the original application, or only portions of that information.
E. Appeal From Permit Denial or Revocation
Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the
Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action
complained of. A hearing on the denial will then be scheduled for the next regular meeting of the
Council. The Council will render a decision on the appeal within ten (10) days of the hearing.
F. Agents and Solicitors for Permit Holders
All persons to whom permits have been issued under this Section shall furnish proper credentials to
their agents and solicitors for such charitable solicitations campaign. Such credentials shall include
the name of the permit holder, the date a statement describing the holder's charitable, educational,
patriotic or philanthropic activity, a description of the purpose of the solicitation, the signature of the
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permit holder or of the holder's chief executive officer and the name, address, age, sex and
signature of the solicitor to whom such credentials are issued and the specific period of time during
which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under
any permit granted under this Article without the permit in his possession. The credentials and
facsimile copy of the permit shall be show, upon request, to all persons solicited and to any police
officer of the Town.
G. Responsibility for Acts of Solicitors
The recipient of a permit for a charitable solicitations campaign shall be responsible for the acts of
his authorized representatives in connection with such campaign.
H. Certain Methods of Solicitation Prohibited
The following methods of solicitation are and shall be prohibited within the Town
1. It shall be unlawful for any person to solicit charitable contributions in the right-of-way or upon
the paved portion or the median of any major thoroughfare listed in Section 4.02(M).
2. It shall be unlawful for any person to stop or attempt to stop any vehicle which is located upon
the paved surface or shoulder of any public road, street or highway for the purpose of
soliciting a charitable contribution.
3. It shall be unlawful for any person to obstruct a public sidewalk while soliciting for a charitable
contribution.
(Ord. No. 86-12, § IV, 4-14-86 Repealed by Ord. No. 92-22, § IV, 12-15-92)
Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11
Section 4.04 Religious Solicitations
A. Registration Requirement
1. It shall be unlawful to conduct any religious solicitations in any office building or any public or
private place, or by house-to-house canvass unless the person and religious organization
conducting religious solicitations shall first have registered with the office of Town Secretary in
compliance with this Section.
2. It shall be affirmative defense to prosecution under this Section if a person, organization,
society, association or corporation conducting a religious solicitation obtains a charitable
permit in compliance with Section 4.03 of this Code or a commercial permit in compliance with
Section 4.02 of this Code.
B. Form of Registration
1. A religious solicitor required to register hereunder shall first register in person with the Town
Secretary's office giving the following information:
a. Name of registrant and his permanent address;
b. Name of the person, organization, society, association or corporation the registrant
represents and the telephone number and address of its principal office;
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c. Duration and location of the proposed solicitation;
d. Method or methods to be used in conducting the solicitations; and
e. Approximate number of participants
2. Registration expires after one year and must be renewed annually. If a change occurs in any
of the information submitted with the registration, the registrant or organization shall notify the
Town Secretary's office of the change as soon as possible.
C. Registration Card
1. Any person who solicits for a religious purpose and is required to register under this Section,
or though not required to register is soliciting or a religious purpose by house to house
canvass, on the streets, or sidewalks or other public passageway, or in any other public place
open to the general public, shall carry a registration card issued by the Town while engaged in
that religious solicitation.
2. The registration card required by subsection (1) above must:
a. Be furnished by the applicant in a form approved by the Town Secretary;
b. Identify the name of the person, organization, society, association, or corporation
represented as registered with the Town Secretary; and
c. Contain the statement "Religious Solicitations" or "Religious Solicitor."
D. Certain Methods of Solicitations Prohibited
The following methods of religious solicitation are and shall be prohibited within the Town:
1. It shall be unlawful for any person to solicit religious contributions in the right-of-way or upon
the paved portion or the median of any major thoroughfare set forth in Section 4.02(M).
2. It shall be unlawful for any person to obstruct any public sidewalk within the Town when
soliciting a religious contribution.
(Ord. No. 86-12, § V, 4-14-86 Repealed by Ord. No. 92-22, § V, 12-15-92)
Section 4.05 Child Solicitations
A. Supervision of Child Solicitors
It shall be unlawful for any person to use children ten (10) years of age or younger for commercial
solicitation, charitable solicitation or religious solicitation purposes unless said children are actively
supervised by an adult person at least eighteen (18) years of age who is permitted or registered,
depending upon the type of solicitation.
(Ord. No. 86-12, § VI, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92)
Section 4.06 Penalty
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Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500.00)
for each offense and a separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues.
(Ord. No. 86-12, § VIII, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.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 Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.8
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. Council member Cates
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park. Mayor Sanders - Council member Cates
3. Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it
relates to section 3.21 of the Town Charter.
4. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town
Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by
Citizens. Council member Moss
5. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to speed limit reduction. Council member Moss
6. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
7. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
8. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
9. Annual update and presentation by the Park Board. (August 4, 2008)
10. Discuss and take appropriate action regarding an Agreement for Professional Services between
Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the
Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.C.9
Discuss and take appropriate action relative to Executive Session Item
Number A.2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781
08 and Quanah Properties pending appeal of decision regarding
lighted signage on the East Elevation of Value Place Hotel (Section
551.071 (1) and (2))
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-21-2008
Subject: Agenda Item No.D.1
Adjourn.