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Agenda Packet TC 04/07/2008 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, April 7, 2008 at 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." A.4 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. A.5 Overview of 2008 Northwest ISD Bond Program, presented by NISD Superintendent Dr. Rue, and discussion of same by Council. A.6 Overview and presentation of the issuance of $2,000,000 of tax bonds and the levy of ad valorem taxes to pay for the bonds (construction and equipment of fire station and acquisition of land by the Master District) and discussion of same. B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. February 2008 B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 19, 2007. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 17, 2007. B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 3, 2008. 2 B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 12, 2008 (Joint Regional Meeting.) B.6 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 17, 2008. C.1 Discuss and take appropriate action regarding a Resolution supporting and encouraging the passage of the May 10, 2008 Northwest ISD $260,000,000 bond. C.2 Discuss and provide input regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. A. Discuss and provide input on the development agreement between the Town and Centurion American for the extension of Northwest Parkway C.3 Discuss and take appropriate action on a request for approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 3, Phase 1A, for a period of time of not greater than one year. Applicant: K. Hovnanian Homes - DFW, LLC C.4 Discuss and take appropriate action on a request for approval of a Temporary Use for a Real Estate Office (located in a trailer or manufactured housing), Churchill Downs Subdivision, for a period of time not to exceed six (6) months. Applicant: F & R Adams Luxury Homes C.5 Discuss and take appropriate action on a request for approval of a Temporary Use for a Real Estate Office (located in a trailer or manufactured housing), for a period of time not to exceed six (6) months, Located on Commercial Recreation (CR) Zoned Property. Applicant: Jacobs Carter Burgess on behalf of Centurion American. Property Owner: ClubCorp Golf of Texas. C.6 Discuss and take appropriate action regarding a Resolution amending Resolution 2007-21 to appoint one alternate member to serve on ZBA for the remainder of the unexpired term. D.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to seek the advice of its attorney about pending or contemplated litigation: A. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah Properties pending appeal of decision regarding lighted signage on the East Elevation of Value Place Hotel (Section 551.071 (1) and (2)) 3 D.2 Discuss and take appropriate action on the appeal of the decision regarding lighted signage on Value Place Hotel East Elevation. A. Discuss and take appropriate action relative to Executive Session Item Number D.1 - Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08. E.1 Town Manager Emmons to provide an update on the traffic study in the area of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow of traffic, number of lanes and potential for a mandatory turn lane, and discussion of same. E.2 Discuss and take appropriate action regarding the creation of a Water/Wastewater study team and the following: A. Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial impacts and issues. B. Consider awarding the engineering, operational analysis, and legal analysis portions of the Water Study project to Freese and Nichols and authorize staff to begin contract negotiations. E.3 Discuss and take appropriate action awarding the contract for the Timber Ridge Drive paving and drainage improvements project, and authorizing the Mayor or his designee to execute necessary contract documents. E.4 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2008 including the Arbor Day Event festivities. E.5 Discuss and take appropriate action regarding the interlocal agreement with Denton County for the collection of PID assessments. E.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitations." E.7 Items for Future Agenda. E.8 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. (b) Town Council report from EDC 4A Liaison, Council member Moss. (c) Town Council report from Parks and Recreation Department. F.1 Council to convene into executive session pursuant to Texas Government Code, annotated, subchapter 551, sections 551.074(a) "Personnel Matters" and 4 551.071 (1) & (2) "Consultation with Attorney", respectively, the Council will enter into executive session to discuss the following: A. Lisa Ramsey, Town Secretary Annual Evaluation, including terms of engagement and employment contract with the Town (Section 551.074(a)) F.2 Discuss and take appropriate action relative to Executive Session Item Number F1. - Annual Evaluation of Town Secretary, Lisa Ramsey, and Employment Contract G.1 Adjourn. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.A.2 Invocation. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.A.4 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.A.5 Overview of 2008 Northwest ISD Bond Program, presented by NISD Superintendent Dr. Rue, and discussion of same by Council. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.A.6 Overview and presentation of the issuance of $2,000,000 of tax bonds and the levy of ad valorem taxes to pay for the bonds (construction and equipment of fire station and acquisition of land by the Master District) and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. February 2008 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 12 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 19, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated, November 19, 2007. 13 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 19, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 19, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Shannon DePrater Deputy Town Secretary Patricia Adams Town Attorney Adam Adams Parks and Recreation Director Scott Kniffen Police Chief Danny Thomas Fire Chief Mike Pastor IS Director Carolyn Huggins Planning Coordinator A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation. Fire Chief Thomas gave the Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible." Police Chief Kniffen led the Pledges. A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. The following citizens addressed Council: Pauline Twomey, 203 Oakmont Drive Bob Radder, 1 Lee Court Ralph Scoggins, 126 Summit Cove Judy Williams, 215 Phoenix Drive Neil Twomey, 203 Oakmont Drive Greg Lamont, 15 Avalon Drive Barbara Kadow, 322 Village Trail 14 All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 6, 2007. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 20, 2007. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 27, 2007. B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 10, 2007. B.5 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement for Fire and Ambulance Services with Denton County. B.6 Consent Agenda: Discuss and take appropriate action to approve the renewal of Beautification Funds in a Certificate of Deposit (CD) for six (6) months at a rate of 4.25% with First Financial Bank. Council member Wilson pointed out two typos in the August 6, 2007 minutes. Council member Cates questioned the motion wording in regards to agenda item C.10. Item B 1 was pulled from the Consent Agenda. Mayor Pro Tem Edstrom made a motion to approve items B.2 through B.6. Council member Moss seconded; motion carried unanimously. Council member Wilson made a motion to approve item B.1 with corrections. Council member Cates seconded with corrections noted; motion carried unanimously. TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:31 p.m. PUBLIC HEARING C.1 Public Hearing: Staff report and consideration of an Ordinance amending Section 6.01(A)(2)c of Article VI ,"Oil and Gas Well Manual", of Chapter 5, "General Land Use", of the Code of Ordinances of the Town regulating certain fencing requirements to allow a masonry wall to surround a producing site. No presentations were made. Public Hearing Closed at 7:31 p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action regarding an Ordinance amending Section 6.01(A)(2)c of Article VI ,"Oil and Gas Well Manual", of Chapter 5, "General Land Use", of the Code of Ordinances of the Town regulating certain fencing requirements to allow a masonry wall to surround a producing site. Mehrdad Moayedi stood up to answer any questions from the Council and showed a sample of the fencing that they would like to use. Moayedi stated the fencing was for all areas that faced home sites; the fencing material will also be able to be reused when refracing takes place. Mayor Pro Tem Edstrom asked who is responsible for maintenance for this fence, the Planning and Zoning notes state hopefully a Home Owner’s Association will be in affect. Moayedi stated that there should be some form of body to be in control/responsible for; Encana is not responsible for the fence at the present time and neither is Beck Properties. Encana is paying for the construction of the fence. Mayor Pro Tem Edstrom does not want the residents to have to pay for the maintenance of the fence. 15 Mayor Sanders asked Town Manager Emmons and Town Attorney Adams to look into ordinance and research who is responsible for maintenance of the fence. Planning and Zoning Commission Chair Gene Hill reviewed the Commission’s process regarding this agenda item; this item was originally considered and discussed as a Regular Session item of Planning and Zoning on October 18, 2007. Following discussion and consideration the Commission voted to recommend the issue to Council. However, it was later determined that a Public Hearing was required to amend the Gas Well Manual Ordinance and a Public Hearing was scheduled for November 1, 2007. In the Public Hearing and Regular Session at the November 1, 2007 meeting of the Planning and Zoning Commission it was recommended by unanimous vote that the Gas Well Manual Ordinance 2003-12 P&Z be amended to allow a 7 ½ foot masonry fence surrounding the gas well sites in the Town. Specifically, the fence facing the thoroughfare will be permanent masonry and the other sides will have removal masonry panels with masonry columns. By utilizing this type of fence, the removable panels and columns can be moved to allow truck and equipment access to the sites during the refracture of the wells. After the refracture treatment, the columns and movable panels will be reinstalled and landscaping replaced. Chairman Hill referred to Mayor Pro Tem Edstrom’s question stating it was the intent of the gas well operator to be responsible for the fence maintenance. Mayor Pro Tem Edstrom made a motion to approve the Ordinance amendment. Council member Sterling seconded; motion carried unanimously. Mayor Pro Tem Edstrom asked Staff to come back with clarification regarding who is responsible for maintenance at the next council meeting D.2 Discuss and take appropriate action regarding a request for Final Plat approval for Trophy Club Drive, Phase 2 and Trophy Park Drive (Master Improvements) (21.344 acres). Applicant: 831 Trophy, L.P. (FP-07-023) Planning and Zoning Commission Chairman Gene Hill addressed Council stating the Planning and Zoning Commission unanimously recommended approved of the Final Plat. Town Manager Emmons shared internal discussions have taken place regarding this offsite improvement. This was included in the site plan Marshal Branch near the cart path. An aerial crossing was attempted, but the Corps of Engineers stated since this is an environmental area an aerial crossing cannot be used. A lift station would also have issues concerning maintenance costs. Inverted when fully constructed this option will have less maintenance costs. Town Manager Emmons recommended if Council approves, to stipulate the landscaping plans be reviewed by staff before construction. Mayor Pro Tem Edstrom made a motion to approve plans with the stipulation that the landscaping plans be approved by Town Staff and Engineer prior to construction with an update in the Town Manager report at the the available Council meeting. Council member Moss seconded; motion carried unanimously. Council member Moss asked if the two lots at the entrance of Meadow Ridge Drive open to Trophy Club Drive because the slip road is not part of the plans. Council member Cates questioned if the landscaping plan could be approved separately. Town Manager Emmons answered it was up to Council to have staff bring the landscaping plans back to the council for approval. Council member Cates asked the rest of the council if they are okay with moving forward without approval of the landscaping plans. On November 1, 2007, the Planning and Zoning Commission unanimously recommended approval of Trophy Club Drive, Phase 2 and Trophy Club Park Drive, with stipulations on construction plans, street names and the use of inverted siphon vs. lift station and force mail prior to Council consideration. 16 It is the understanding of Chairman Hill that: • Construction plan revisions as requested have been satisfactorily documented, received and approved by Town Engineer and Staff. • The renaming of Trophy Club Park Drive to Trophy Park Drive is documented. • Landscape and irrigation plan documents were received Friday, November 16th and have not been reviewed. Staff review and comments are needed. • Resolution of the use of inverted siphon vs. lift station and force main has not been achieved, and is to be addressed by Town Manager Emmons. The Mayor stated it was suggested to move E1 forward, before D.3 if Council had no objections. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:55 P.M. EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)). (1) Legal Advice from Town Bond Counsel regarding the contracts for water and wastewater supply and service to the Town and related financing issues. TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 8:40 P.M. *REGULAR SESSION D.3 Discuss, provide input and/or take action as appropriate regarding the following documents and matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and related improvements: A. Discuss and take appropriate action on a Construction and Funding Agreement between the Town and 831 Trophy, L.P. concerning the construction of certain public improvements within the Town of Trophy Club Public Improvement District No. 1 (The Highlands of Trophy Club Project). Bond Council asked Council to delay this item tonight. It is not necessary that this item be formally approved tonight, it would be best to approve the agenda item at the December 10, 2007 meeting. Bond Counsel, Lila Marsh, asked Council to defer this agenda item until the December 10, 2007 meeting. Kirk Wilson from Centurion Development, concurs with Ms. Marsh, the form needs to be included to allow Bank of America move forward with the goal and to stay on schedule. No action taken, item moved to the December 10, 2007 meeting. B. Review and discussion of most recent Preliminary Limited Offering Memorandum for the Town of Trophy Club Public Improvement District No. 1 Special Assessment Revenue Bonds, Series 2007 (Highlands of Trophy Club Project). Ms. Marsh shared that no changes since this was last brought to the Council, this document will be worked on tomorrow, with Town Manage Emmons having the final authority. Mr. Wilson thanked Town Staff and Consultants. No action taken, item moved to the December 10, 2007 meeting. 17 C. Discuss and take appropriate action regarding a Resolution concerning the Amendment of the Service and Assessment Plan for the Town of Trophy Club Public Improvement District No. 1 adopted by Ordinance 2007-29; Setting a date for a Public Hearing, Authorizing the Publication of Notice and enacting other provisions relating thereto. Julie Partain, Bond Counsel, gave a brief update; still waiting on parks study from Carter & Burgess. Ms. Partain sent a laundry list of items to the Attorney General. The Attorney General had a concern regarding the two large ticket items, the pool and recreation center. A compromise was made with the Attorney General to list without the recreation center and instead of using the word pool, the list will include some sort of aquatic facility. A public hearing will be needed if amendments are made to the list. Mayor Sanders wants Council to understand that taxes will probably be used to fund the recreation center and the cost would be passed to all residents. Mayor Sanders verified that bond counsel wants Council to authorize a Public Hearing for December 10, 2007. Mayor Pro Tem Edstrom made a motion to approve the resolution calling for a date of December 10, 2007 for the Public Hearing of the assessment plan. Council member Sterling seconded; motion carried unanimously. D.4 Discuss and take appropriate action regarding the Minutes dated September 17, 2007. Mayor Pro Tem Edstrom made a motion to approve the minutes as written. Council member Sterling seconded; motion carried unanimously. E.2 Discuss and take appropriate action relative to Executive Session Item Number E.1. Council member Cates moved to approve the contracts for water and wastewater supply and service to the Town with changes to section 6.1 and 6.3. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Amendments of contract include: 6.1 Term. This Contract shall become effective upon approval by each of the respective governing bodies of Town and MUDs and upon execution by their respective authorized representatives, and shall remain in effect for an initial term of three (3) years from the date of approval by the last Party subject to this Contract (hereinafter "Initial Term"), and shall renew automatically annually for additional terms of one (1) year each unless terminated by either party as provided herein. 6.3 Any party shall have the right to terminate this Contract without cause upon written notice to any other Party. Such notice of termination must be provided at least one (1) year in advance of such termination date, but in no case shall termination be allowed earlier than three (3) years from the date of execution of this Contract. F.1 Town Manager update and Council input on the development issues at Churchill Downs. Town Manager Emmons updated Council on the development issues at Churchill Downs and answered their questions. Mayor Sanders shared there were some concerns among the project engineer, staff and town engineers who has met with the contractor to start working on resolving issues/impressions. Bob Radder, 1 Lee Court addressed the Council. Town Manager Emmons made a statement regarding retaliation accusations; there have never been any retaliatory acts from his staff; staff is simply holding contractors to the established specifications. Update and input only, no action taken. 18 F.2 Discuss and take appropriate action regarding the co-hosting of a "Stewards for Children" seminar with the Alliance for Children and surrounding municipalities. Council member Wilson presented the Stewards for Children. Stewards for Children are willing to cover the costs for the adults to attend. Council member Wilson has spoke with Roanoke and they will be donating their Recreation Center to hold the seminar. Council member Wilson asked Council to move forward with a date specified for the seminar. Mayor Sanders confirmed that Council member Wilson is not asking for Town monies, just a seal of approval. Town Manager Emmons shared if Council approves moving forward, he will make sure staff resources are available. Mayor Sanders directed Council member Wilson to contact Roanoke and move forward with getting more information regarding Stewards for Children. F.3 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results of the Special Election held on November 6, 2007. Mayor Pro Tem Edstrom made a motion to approve the ordinance canvassing the returns and declaring the results of the Special Election held November 6, 2007. Council member Cates seconded; motion carried unanimously. F.4 Discuss and take appropriate action regarding the formation of a Citizen Charter Amendment Commission. Council member Moss made a motion to form a Citizen Charter Amendment Commission to be comprised of three residents, one council member and the Town Manager or his designee to decide where or not any amendments need to be made to the charter and if not to terminate the commission in December of 2008. Council member Wilson seconded. Mayor Pro Tem Edstrom moved to amend the motion to include five residents, one member of council, Town Manager or designee and Town Attorney, striking the termination date. Council member Cates seconded. The following citizens addressed Council: Neil Twomey of 203 Oakmont Bill Armstrong of 18 Avenue Twenty Greg Lamont of 15 Avalon Drive Mayor Pro Tem Edstrom amended her motion to read Citizen Charter Amendment Committee. Council member Cates agreed with the change. Motion to create a citizen charter amendment committee with five residents, one Council member, Town Manger or designee and Town Attorney passed unanimously. Council member Moss moved to defer item to the December 3, 2007 meeting. Council member Wilson seconded; motion to defer carried unanimously. F.5 Parks and Recreation Director to brief Town Council about the landscaping that will be installed on Trophy Club Drive following the construction process. Parks and Recreation Director addressed Council and answered their questions. No action taken. F.6 Town Council to discuss and take appropriate action concerning the allocation of PID monies with regard to future park and recreational amenities. Town Manager Emmons gave a brief update; the pool will be removed and replaced with an aquatic facility and the recreation center will be removed. 19 No action taken. F.7 Discuss and take appropriate action regarding Police Chief Kniffen's update and recommendation on the police equipment and cars. Chief Kniffen recommends purchasing needed equipment, replacement costs are $48,000. Town Manager Emmons explained there are no funds available at this time to update the police equipment and cars. Mayor Sanders expressed there is a desire from Council to finance the needs and asked Town Manager Emmons to work with the finance department to see if a solution could be reached and come back to Council as soon as practical. No action taken. Mayor Pro Tem asked that item G.1 be moved forward; Council made no objections. Council took a five-minute break. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 10:25 P.M. EXECUTIVE SESSION G.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 "Consultation with Attorney", the Council will enter into closed executive session to consult with attorney Frank Waite on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: (1) Legal advice relating to a possible settlement over an employment separation with Lisa Ramsey. TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 11:00 P.M. Mayor Pro Tem Edstrom moved to extend meeting passed 11:00 p.m. Council member Cates seconded; motion carried unanimously Lisa Ramsey asked that her performance review be placed in open session rather than executive session. Frank Waite provided Council with information that Lisa Ramsey would be in favor of staying in her current position. Council member Wilson made a motion to move into a separation agreement with Lisa Ramsey. Council member Moss seconded. Mayor Sanders asked Council member Wilson if she was including all seven talking points of: 1. Resign effective November 19th and release the Town of all claims and causes of action 2. The Town would pay accrued salary to date, plus two weeks of unused accrued vacation and personal day 3. The Town would pay a total sum of $28,000 as severance in two installments, representative of five months salary 4. The Town would pay Ms. Ramsey’s medical premium under the Town’s group medical plan through May 2008, unless she becomes eligible for coverage under some other plan 5. Ramsey agreed to remain available to consult with the Town Manager through May 2008 6. The Town would provide a letter of recommendation to be placed in her employee personnel file 7. The pending grievance submitted against her would be dismissed as moot. Lisa Ramsey said there was some question between Mr. Scoggins and Mr. Waite regarding payment of comp time for her consultations. 20 Mr. Waite said the two-weeks in question is accrued leave, characterized as vacation and personal leave in addition to the severance payment of $28,000.00. Sanders confirmed the accrued leave in the amount of 80 hours is on top of the $28,000.00. Mayor Sander’s feels it is a mistake to precede with termination, a mistake and that she has done a very good job getting her TMCCP certification, she is very reliable, eager, a very hard worker and able to take constructive criticism. Sanders said over the past two years, he has made little correction to her minutes and commended her diligence in conducting the elections. Sanders said it would be a mistake to terminate Ramsey without giving her an opportunity to improve in the areas Council feels she is lacking. Council member Wilson commented that Ramsey was given several opportunities to do better after her initial meeting with Ramsey and Ramsey’s scheduled meeting with Cates. Council member Moss said Ramsey came across pretty strong during the executive session that she could not work with Council and according to Mr. Waite’s report she was extremely unhappy and ready to do something else. Lisa Ramsey said in reference to Mr. Waite’s report, she was simply asking that he investigate the entire work environment, not only as it related to the Mayor’s move. Ramsey acknowledged that she was defensive in the executive session as it was the first opportunity she had to address the Council about this. Mayor Pro Tem Edstrom and Council member Sterling agreed that respect is mutual. Sterling feels Ramsey is competent and loyal and Council is acting under allegations with no merit. Council member Cates commented that sensitive information was released to the public during the termination of Director Briggs as was with this issue and feels Ramsey is responsible for confidentiality of this information. Sterling recognized the leaks to the press, which he does not feel Ramsey is responsible for considering they worked against her. Town Manager Emmons feels the Town would be at a loss if Ramsey is terminated. Emmons understands that mistakes were made and said the Briggs issue happened one year prior to him being hired. There are training issues that need to be addressed and it is going to be an effort from the entire staff to get past and work through. Council member Cates asked Ms. Ramsey if she would consider a probationary period. Ms. Ramsey said she would consider a probationary period. Discussion ensued, Council member Wilson moved the previous question. Mayor Sanders asked for a vote for closing the debate. Council member Wilson vote for and Mayor Pro Tem Edstrom and Council members Cates, Sterling and Moss voted against closing the debate. All in favor of closing debate and voting on the main motion failed 4:1, with Council member Wilson voting against. Council member Sterling thinks all of us could benefit from taking the high road, leading by example and treating others as he would like to be treated. Council member Cates questioned if Ramsey would be professional and able to deal with hostile Council members and employees. Ramsey responded she is a professional and hopes that all can act in a professional manner. Ralph Scoggins said he feels sorry for everyone and Lisa Ramsey has always received very good performance reviews and performed to Council’s standards up until August. Council states that they are 21 hurt by Ramsey’s remarks, Scoggins asked how many times Ramsey has been hurt by what was said or fingers that were pointed at her and it is only natural to fight back. Mayor Pro Tem Edstrom made a substitute motion to place Lisa Ramsey on six-month probation with Ms. Ramsey setting goals and objectives for herself and Council to set goals and objectives. At the end of probation, Council will have the option to continue with employment or move forward with termination guidelines, including the seven points, as discussed. Council member Moss seconded. Mayor Sanders asked Ms. Ramsey if she was willing to agree with the motion. Ms. Ramsey answered yes she was okay with this motion. Scoggins appreciates the six month probation and suggested the separation agreement be added to the probationary period. Scoggins approached the comp time again and read the section from the personnel policies and requested this clause be added to the agreement. Council member Cates expects employees to use their comp time and does not feel they should pay for it. Mr. Waite spoke to the legalities of tying the separation agreement to the probationary period. Waite and Scoggins agreed that the separation document should include the probationary period. Substitute motion made by Mayor Pro Tem Edstrom; seconded by Council member Moss, placing Lisa Ramsey on a six-month probationary period, before that time frame starts, she will set individual goals and objectives for review of the Council, Council will set individual goals and objectives for Lisa, at the end of that six-month probation Council will have the option to continue her employment or move forward with the termination guidelines as discussed with Council this evening. Frank Waite clarified should the probationary period not be complete to the satisfaction of the Council, the terms of the separation will be as agreed by the parties, as presented and discussed during executive session. Both the mover and second agreed. Council member Sterling amended the substitute motion for the probationary period to commence prior to the canvassing of new Council members in May 2008, seconded by Mayor Pro Tem Edstrom. Council member Sterling amended the six month probationary period to five months, commencing prior to the canvassing of new Council members in May 2008. The second agreed. Amendment passed 4:1, with Council member Wilson opposing. Substitute motion passed 4:1, with Council member Wilson opposing. Council member Sterling clarified; Council can only terminate Ms. Ramsey in her capacity of Town Secretary and not Human Resources Manager. Council member Wilson made a motion to postpone the remainder of the Executive Session until the next meeting. No second; motion dies. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 12:21 P.M. Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will remain in Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: (2) Brandon Emmons TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 2:02 A.M. 22 *REGULAR SESSION G.2 Discuss and take appropriate action relative to Executive Session Item Number G.1. Mayor Sanders stated that Council has come up with a list of objections for Town Manager Emmons to include: • Intense training sessions for all staff • Workshops for Council • Completion of Public Improvement District #1 • Implement Safe Routes to Schools • Complete FY207-2008 with a minimum of ½ cent tax reduction • Work on creating a positive work environment • Work with the Town Secretary to receive Council meeting minutes sooner • Improve personal communication skills • Improve working relationship with Town Attorney • Increase number of Council updates regarding the Buxton Study either through EDC 4B or Town Manager Council member Sterling made a motion to approve the extension of the Town Manager contract for one year with ratification of amendments at the next meeting, after the Town Attorney reviews. Mayor Pro Tem Edstrom seconded. Contract amendments to include: • Six month severance • Remove comp time Council member Cates stated Council should stay on top of Town Manager Emmons’ performance and have a three month review in a Special Session. Amendment passed 4:1, with Council member Wilson opposing. F.8 Items for Future Agenda. Item not discussed. F.9 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. Item not discussed. H.1 Adjourn. Council member Sterling made a motion to adjourn at 2:12 p.m. Mayor Pro Tem Edstrom seconded; motion carried unanimously. __________________________________ ______________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 23 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 17, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated, December 17, 2007. 24 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 17, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, December 17, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present. A.2 Council member Wilson gave the Invocation. A.3 Mayor Pro Tem Edstrom led the Pledges. A.4 Citizen presentations: Mayor Sanders encouraged the audience that these presentations should relate to Town business and not be used to attack one another. Mayor Sanders mentioned the passing of Chuck Frame and advised the family has asked for donations to the North West ISD in lieu of flowers, for a scholarship to be given in Chuck’s name. Greg Lamont, 15 Avalon – Addressed the Council regarding the Frank Waite’s report. Mayor Sanders referenced Cade Hinkle, 318 Inverness Drive, petitioning Council for reimbursement for car damage due to the gate. What gate? A.5 Presentation by Captain Cimato regarding our soldiers in Iraq. Captain Cimato was unable to attend and apologized for the late notice. Captain Cimato plans to make a presentation in April. TOWN COUNCIL CONVENED INTO REGULAR SESSION 25 *REGULAR SESSION B.1 Discuss and take appropriate action regarding a Proclamation recognizing Arbor Day, April 13, 2007. Mayor Pro Tem Edstrom read the Proclamation. Motion made by Moss, seconded by Cates to approve. Motion passed unanimously without any discussion. B.2 Discuss and take appropriate action to approve the new version of the Town's Emergency Management Plan. Town Manager Emmons advised staff has been working on revisions to the existing annexes (appendixes and additional material attached to the Plan) and making the necessary updates as required by the State. Fire Chief Thomas said the Town has had a joint Emergency Plan with Denton County since 1987 and the State recently blessed the Town with an individual plan. Council asked why the plan was not included. Fire Chief Thomas advised that discs are being made for the Council and from a security standpoint certain sections are not public record. Council member Moss does not feel qualified to second guess the staff and recommended approval. Motion made by Moss, to approve. Motion died for lack of a second. Council directed Town Manager Emmons to provide them with a summary of the information that can be provided. Council discussed training and drills for the Mayor and Mayor Pro Tem. Police Chief Kniffen explained the Town’s Plan mimics the guidelines implemented by the State’s compliancy regulations. Motion made by Wilson, seconded by Moss to approve the new version of the Town's Emergency Management Plan. Mayor Pro Tem Edstrom would like for Council to understand their responsibilities in case of an emergency. Council member Cates feels Chief Thomas is competent in his abilities and would still like to see a summary. Motion passed 3:2, with Cates and Sterling voting against. B.3 Discuss and take appropriate action regarding an Interlocal agreement between the Town and Denton County to provide for County collection of PID Assessments for Town of Trophy Club Public Improvement District No. 1 (The Highlands of Trophy Club Project). Town Manager Emmons provided this plan is similar to other agreements the Town has with Denton County. Currently, the outstanding piece is syncing the software at DCAD. Emmons recommends approving and then bringing it back to Council for ratification. Town Attorney Adams said she just heard that the County is now preparing their own document. Based on this update, Town Manager said he would recommend waiting. No action taken. Item will come back once Denton County’s document is complete. 26 B.4 Discuss and take appropriate action regarding Amending to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Mayor Sanders summarized Council’s discussion and direction from their August 20, 2007 meeting. Motion made by Edstrom, seconded by Cates to approve. Council member Sterling asked if this is similar to other municipalities. Town Manager Emmons said each city has their own restrictions; however, he is not aware of a city that limits one sign for each candidate. Town Attorney Adams explained the Town can regulate, as long as the Council believes they are acting in a reasonable and good faith effort. Mayor Pro Tem Edstrom spoke to the time constraints of Code Enforcement dealing with sign enforcement and questioned if the Council is being reasonable and allowing the residents to support the candidate of their choosing. Greg Lamont, 15 Avalon – Provided the United States Supreme Court Ruling limiting the number of signs per candidate on the election ballet illegal. Dennis Sheridan, 1 Hillcrest Ct. – Requests that the Ordinance be one sign per candidate. Mayor Sanders does not feel this Ordinance meets Edstrom’s objectives, as the language is still vague. Council member Cates asked if the Council should change based on Mr. Lamont’s presentation. Mayor Sanders and Edstrom feel as long as it is reasonable in time, place and manner, and asked the Council to look at this from a local, regional and national perspective. Edstrom withdrew her motion, the second agreed. Motion made by Sterling, seconded by Edstrom to revise ‘No more than one (1) of such signs for each political candidate and two signs per issue on the election ballot shall be erected on any parcel of land,” Council member Sterling also added to strike the last sentence of the paragraph in order to be consistent. Town Attorney Adams suggested that the language be revised and brought back at a later date rather than amending during the meeting. Motion to refer made by Edstrom, seconded by Cates. Motion passed unanimously without further discussion. B.5 Discuss and take appropriate action to approve Minutes dated, November 30, 2007. Motion made by Edstrom, seconded by Wilson to approve. Motion passed 3;0:1, with Sterling abstaining. B.6 Discuss and take appropriate action regarding the potential retention of The Management Connection for Council development and training services. Mayor Sanders advised he requested this Item be placed on the agenda. Staff recommends the Items under B.7 be discussed after training meetings are conducted. Mr. Gonzales would like to meet with all Council Members and select members of staff first and then come back with a proposal. Mayor Sanders questioned if Council would be willing to spend one hour with Mr. Gonzales to determine if he is a good fit prior to retaining. Town Manager Emmons has spent approximately three hours with Mr. Gonzales discussing long-term and short-term planning, dynamics and communications between Council and Staff. 27 Council member Cates confirmed there would be no charge associated to Council’s preliminary discussions with Mr. Gonzales. Council was amenable to meet with Mr. Gonzales. Town Manager Emmons will schedule the meetings. Noting no objections from the Council, Mayor Sanders pulled Item B.7 until after the meetings occur. B.7 Discuss and take appropriate action regarding employees who report directly to the Town Council and the following: A. Discuss and provide input on methods in which to improve and enhance communication between employees who report directly to Town Council and Town Council. B. Discuss and take appropriate action with regards to reviewing and/or amending job descriptions of the Town Manager, Town Attorney and Town Secretary. No action taken. B.8 Discuss and receive input regarding the 2007 Citizen of the Year and Founder's Day Celebration. Mayor Sanders provided Citizen of the Year first began as a non-council event in which the staff selected the recipient. Council member Cates feels Council should have final approval. Town Manager Emmons prefers staff only provide an administrative role and suggested a committee of the past recipients recommend a nominee to the Council and Council make the final decision. Council member Wilson supports this suggestion. Mayor Sanders explained the plaque in the foyer was dedicated as a memorial to Mr. Jerry Svore last year at the Founders’ Day reception. Council member Cates suggested a volunteer appreciation reception in conjunction with the Founders’ Day. Mayor Sanders asked the Council to send a list of volunteers to Town Manager Emmons to include on the invitation list. B.9 Items for Future Agenda. Council member Moss requested discussion and action regarding citizen presentations be limited to three minutes and not allow the transfer of minutes to others. If the subject is Council business and needs further discussion, make the subject an agenda item. Moss would like for personal attacks on others not be allowed. Mayor Sanders said Council would have to change their "procedures manual" to a three minute limit. The manual states a citizen be provided time before and after an item is discussed. In reference to the personal attacks, this becomes hard when a person actually address a real town item in one sentence and then follows up with an attack on a Council member, another citizen or a staff member. Council will add this request to the future items for more input. Mayor Pro Tem Edstrom requested Police Chief Kniffen to research ‘no cell phones’ in School Zones. Council member Moss requested the issue on speed limit reduction be placed back on the list. Council member Wilson would like Town Manager Emmons to provide an update on the water feasibility study progress and whether the MUDs are willing to participate. 28 Council member Cates asked that the application deadline for Charter Review Commission be extended until January 4, 2007. B.10 Town Manager Emmons to designate an Acting Town Manager. Town Manager Emmons advised that the Charter requires he designate an Acting Town Manager in the event he is incapacitated. Emmons designated Assistant Town Manager Stephen Seidel. B.11 Reports. A. Town Manager Emmons gave his Report. B. Assistant Town Manager Stephen Seidel provided an update of the Buxton Report. EDC 4B Liaison, Council member Sterling gave his report. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION C.1 Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will remain in Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: Town Secretary, Lisa Ramsey requested the discussion in Open Session. Council recessed for five minutes and reconvened at 9:14 p.m. (1) Duties, goals and objectives of Town Secretary, Lisa Ramsey. Town Secretary, Lisa Ramsey explained the goals and objectives emailed to the Council on December 10th as requested by the Council. Ramsey explained the Texas Municipal Certification Program she is enrolled in and the status of that certification as well as areas of improvement. Council member Cates said Ramsey did a good job putting her goals and objectives together. Mayor Pro Tem Edstrom suggested Ramsey add improvements to communication with other directors and as it relates to the Agenda and software uses. Mayor Sanders explained the staff’s desire to change the Agenda process in order to help the Town Secretary meet her Agenda posting deadline. Mayor Sanders challenged the Council to accomplish reviewing staff members who directly report to the Council prior to a change in Council and review job descriptions of said employees. Council member Cates hesitated to add more goals and agreed with the Mayor that Ramsey needs to better utilize her vacation and compensatory time with appropriate oversight of the Town Manager. (2) Terms of contingent employment separation agreement with Lisa Ramsey. Mayor Sanders noted Town Secretary, Lisa Ramsey did not refuse to sign the agreement as indicated by Mr. Waite and questioned possible negotiation in two areas regarding the compensatory time and letter of recommendation. Council member Cates does not feel the recommendation from the Mayor needs to be included in the agreement. Council member Wilson confirmed the Town’s policy does not allow payment of compensatory time. 29 Council member Moss confirmed this separation agreement will conclude on April 22, 2008 and at the completion the probationary period. Mayor Sanders confirmed Lisa Ramsey’s wishes, even prior to the events beginning in August are for an employment agreement, considering this position reports directly to the Town Council. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION Closed Executive Sessions and reconvened into Regular Session at 9:28 p.m. D.1 Discuss and take appropriate action relative to Executive Session Item Number C1. Motion made by Cates, seconded by Edstrom authorizing the employment probationary terms agreement provided by Ralph Scoggins. Motion passed 3:1, with Council member Wilson opposing. D.2 Adjourn. Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 9:35 p.m. ___________________________________ __________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 30 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 3, 2008. EXPLANATION: Council member Cates was absent and will need to abstain. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated, March 3, 2008. 31 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 3, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 3, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member TOWN COUNCIL MEMBERS ABSENT: Pam Cates Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Sakura Moten-Dedrick Finance Director A.2 Invocation given by Council member Sterling. A.3 Pledges led by Sakura Moten Dedrick. A.4 Citizen presentations: Larry Crosser, 17 Overhill – Provided a brief update on Charter Review Commission and advised that the Commission will conduct a Town Hall meeting on April 15, 2008. Greg Lamont, 15 Avalon Drive – Mr. Twomey stated that Mr. Lamont was first to make comments at tonight’s meeting and waas upset that the Mayor allowed it to occur. Council member Wilson called point of order. Lamont said his comments bare relevance with the upcoming election. Neil Twomey, 203 Oakmont Drive – Advised the Council that Lamont started this and accused the Mayor of allowing this to occur. Patricia Adams read a letter submitted by Council member Cates tendering her resignation from the Council effective immediately. 32 A.5 Biannual update by Staff Liaison for Ways & Means Advisory Group, and discussion of the same. Finance Director, Sakura Moten-Dedrick updated the Council and introduced Dwight Morrow who asked the Council to set objectives for the staff when setting the budget and to produce the staff’s wish list sooner in the budget process. Consent Agenda Motion made by Wilson, seconded by Edstrom to approve Items B.1 – B.3. Motion passed unanimously without any discussion. B.1 Consent Agenda: Discuss and take appropriate action ratifying an Ordinance approving the terms and conditions of a note, as well as a specified lender for the financing of new in-car video equipment for the police department. B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. January 2008 - March 2008 B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the School Resource Officer Program for the 2008-2009 fiscal year and designating the Town Manager as the authorized official for the Town. B.4 Consent Agenda: Discuss and take appropriate action regarding an Ordinance of the Town of Trophy Club approving a settlement agreement between Atmos Energy Corporation, Mid-Tex Division and Atmos Texas Municipalities, determining that existing rates should be changed, and adopting new tariffs. Item B.4 was deferred until after Item D.1. Town Manager Emmons said that Atmos’ original request was for $52 million rate increase. The settlement provides for a $10 million increase, of more than an 80% reduction in the requested increase in rates. Under the settlement, residential rates will increase by $0.20 per month. Atmos Texas Municipalities recommends that the settlement agreement be adopted. Motion made by Edstrom, seconded by Wilson. Motion passed unanimously without any discussion. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING C.1 Public Hearing: Consider a Resolution of the Town of Trophy Club determining the current rates of the Atmos Energy Corporation, Mid-Tex Division to be unjust and unreasonable. Time opened: 7:27 p.m. No citizen input. Time closed: 7:28 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 33 *REGULAR SESSION D.1 Discuss and take appropriate action regarding a Resolution of the Town of Trophy Club determining the current rates of the Atmos Energy Corporation, Mid-Tex Division to be unjust and unreasonable. Town Manager Emmons stated Atmos appealed the Council’s denial of its request for a $52 million rat increase to the Railroad Commission of Texas. The appeal was consolidated with GUD Docket No. 9762. While at the Commission, Atmos Texas Municipalities and Atmos were able to negotiate a settlement. The settlement included matters not appropriate to the Railroad Commission jurisdiction such as the agreement to allow Atmos Texas Municipalities cities to increase the municipal franchise compensation rate to 5% of gross receipts. Atmos Texas Municipalities legal counsel stated that there was some risk that settlement might be nullified. For this reason, legal counsel felt that it was prudent to re-establish original jurisdiction before each Atmos Texas Municipality. Jurisdiction can be re-established through the adoption of the Show Cause Resolution. Atmos Texas Municipalities recommends adoption of the Show Cause Resolution so that the City may re- establish original jurisdiction over the Atmos Energy Corp., Mid-Tex Division rates. Motion made by Moss, seconded by Edstrom to approve the Resolution. Motion passed unanimously without any discussion. D.2 Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) Mayor Sanders introduced applicant, Betty Watson. Motion made by Edstrom, seconded by Wilson to approved the Temporary Use Community Garage Sale Permit granted by Special Privilege. Wanda Brewster, 222 Fresh Meadow Drive – Mrs. Brewster, Co-President of Trophy Club Women’s Club (TCWC) announced that TCWC grossed $8,000 from both garage sales last year and the money was donated to the Haslet Library, Roanoke Food Pantry, Meals on Wheels and Trophy Club Animal Control. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action awarding the contract for Trophy Club Drive (Master Improvements) Phase 2 project bid. Motion made by Edstrom, seconded by Sterling to approve. Town Manager Emmons said Town staff conducted two preliminary meetings with six contractors and received three bids for Trophy Club Drive (Master Improvements) Phase 2 project. This project consists of four major improvements located in the PID. Staff recommends the Council award the bid to Four-D Construction in the amount of $5,398,082.19. Emmons stated that the increase cost of fuel added to the cost overruns and has had a negative impact. Four-D Construction is currently the contractor for the Highlands and Turnberry and is familiar with the Town’s needs and expectations. Council member Wilson is concerned that the Town is reaching into the contingency fund and requested Town Manager Emmons to be firm in the future regarding cost overruns. Town Manager Emmons responded most of the other potential cost overruns will be able to be absorbed to meet the budgetary requirements. 34 Mayor Pro Tem Edstrom modified the motion awarding the $5,398,082.19 bid contingent upon final approval of the bonds, authorizing the Town Manager to sign the contract, and recognizing the letter from Centurion guaranteeing payment for the incentives, the second agreed. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding an Agreement for Professional Services between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the Highlands at Trophy Club Master Improvements, Phase 2. Town Manager Emmons stated this contract will cover all engineering responsibilities related to the construction phase of the Trophy Club Master Improvements Phase II. Contract funding will be provided proportionately based on the assessed benefit to the residents of The Public Improvement District (PID). The Engineer’s Opinion of Cost in the Service and Assessment Plan for the Highlands of Trophy Club PID included the engineering costs as part of the total project cost. Staff recommends the Town contract with Carter and Burgess and requested that the Council acknowledge the purchasing policies. After speaking with other contractors, staff did not advertise this agreement as it would have been disingenuous as the determination was already made that Carter and Burgess was qualified. Emmons said staff is still waiting on indemnification language for the contract. Motion made by Moss, seconded by Wilson to approve the agreement. Council member Wilson said it makes sense to award the agreement to Jacobs Carter Burgess. Wilson asked Town Manager Emmons to request Jacobs Carter Burgess to be timely as they have missed previous deadlines. Krisha Brooks from Jacobs Carter Burgess said they will be very proactive to ensure a quick turn around. Council member Moss modified the motion, acknowledging of exception to the procurement policy, approval pending the change to the indemnity language and removal of article 18, Section E and authorizing the Town Manager to execute, the second agreed. Motion passed unanimously without further discussion. D.5 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled "Administration" of the Code of Ordinances, enacting Section 8.16, entitled "Public Works for Public Improvement District No. 1." Town Manager Emmons proposed staff’s recommendation of adding a new section to the Schedule of Fees, Section 8.16 "Public Works for Public Improvement District No. 1" to cover all the fees associated with water and wastewater, as well as the connection fee, impact fee, etc. to service the PID. Emmons said the fees are consistent with the fees established by the MUDs. Motion made by Edstrom, seconded by Wilson approving the Ordinance amending Chapter 1, entitled "Administration" of the Code of Ordinances, enacting Section 8.16, entitled "Public Works for Public Improvement District No. 1." As requested by Council member Moss, Town Manager Emmons restated that the charges are the same as the current rates being charged by the MUDs and that there is no increase. Motion passed unanimously without further discussion. D.6 Discuss and take appropriate action regarding the submission of the Grant application for the Criminal Investigator Program for the 2008-09 fiscal year. 35 Police Commander Tony Simmons presented that the Town’s growth of the Town is creating a burden on the Police Department and the likelihood for resolution to investigations. Motion made by Edstrom, seconded by Moss approving the submission of the Grant application for the Criminal Investigator Program for the 2008-09 fiscal year. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding the consideration of proposed site options to move the outdoor warning siren from the Harmony Park parking areas owned by Beck Properties. Town Manager Emmons provided the following three options with quotes from American Communication: Option 1: Move the existing Warning System tower, which is located at the south end of Harmony Park on a lot West Hillside Place, approximately thirty yard to the west. ($6,000.00) Option 2: Move the existing Warning System tower to the north end of Harmony Park and add an additional 3-cell, to expand the warning coverage to the south end of Trophy Club Park. ($11,442.00) There will still be a void covering neighborhood 7. Option 3: Move the existing Warning System tower, which is located on the south end of Harmony Park on a lot on West Hillside Place, approximately thirty yards to the west. Add an additional 2- cell Warning System tower to a location on the east end of Marshall Creek Road. 32 ($22,887.00) Emmons explained that the contractor would need thirty days notice to move the System. Staff recommends starting with Option 1, and to set funds aside in order to move to Option 3 when the Town builds out. Funding could potentially come from the Fire Department emergency and building maintenance, and staff could check with the EDCs and the MUDs for funding help since the $6,000.00as this is not a budgeted item. Motion made by Moss, seconded by Edstrom, accepting Option 1 for $6,000, requesting Town Manager Emmons look into funding options and to keep the Council informed if the Town receives formal word from Beck to move faster. Motion passed unanimously without further discussion. D.8 Discuss and take appropriate action directing staff to undertake a traffic study in the area of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow of traffic, number of lanes and potential for a mandatory turn lane. Town Manager Emmons said a simple traffic survey can be completed in-house for less than $2,000. A long-term study/traffic count would need to be conducted by a traffic engineer, estimated at $5,000 to - $7,500. Randy Rutledge, 5 Jamie Court – Spoke in favor of the traffic study and recommended traffic calming measure rather than speed reduction. Fred Zuber, 22 Hanna Court - Spoke in favor of the traffic study. Mayor Pro Tem Edstrom is confident in the staff’s ability to perform the study and is not in favor of spending the funds to hire an engineering firm. Edstrom suggested that the Council direct the Town Manager to have the appropriate staff conduct the traffic study and report back at the first meeting in April. No action taken only direction. D.9 Discuss and take appropriate action regarding the Employee Services Contract. 36 Mayor Sanders advised the contract was been reviewed by the Town and MUD attorneys. The only changes are to Paragraph X, Discipline. The changes were approved by the Master District on February 13, 2008. Motion made by Edstrom, seconded by Moss. Motion passed unanimously without further discussion. D.10 Discuss and take appropriate action regarding an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Mayor Sanders confirmed with Town Attorney Adams that easements were not addressed. Town Attorney Adams does not have any legal concerns with this language. Motion made by Sterling, seconded by Moss. Council member Sterling recapped one sign per candidate, per yard. If ten people are running, a person may have ten signs in their yard. Mayor Pro Tem Edstrom would still like to limit the number of signs per open seats. Motion passed unanimously without further discussion. Council recessed for ten minutes. D.11 Discuss and take appropriate action to approve Minutes dated, February 11, 2008. Motion made by Edstrom, seconded by Moss. Motion passed 3:0:1 with Sterling abstaining. Council moved up Item D.14. D.12 Discuss and take appropriate action regarding the proposal and resulting negotiations between the Town of Trophy Club and the Management Connection, Joe Gonzales. Mayor Sanders informed the Council that Mr. Gonzales is not willing to lower his price. Mr. Gonzales’ fee is based on recouping his cost when he came out and interviewed the Council. Gonzales said he is perhaps the wrong person to conduct this training since Council does not realize the training importance. Town Manager Emmons said Mr. Gonzales’ price is firm. Council member Wilson and Sterling agreed that everything is negotiable. Council member Moss said that this would be a waste of money, feels all of the Council members bring a wealth of professional business relations and that the Texas Municipal League offers training sessions for a nominal fee. Mayor Pro Tem Edstrom does not have a problem not contracting with Mr. Gonzales. Edstrom suggested contacting Davis Palmer, NISD Board President regarding his presentation on how well the School District relates with one another, their concerted effort as a team and the chain of command. Edstrom agreed with Moss that the Council collectively has time and business experience, and also have areas to improve. Moss would like to consider Davis Palmer. Motion made by Sterling, seconded by Moss to deny proposal. Motion passed unanimously without further discussion. 37 D.13 Assistant Town Manager to give a report regarding the items to be discussed at the Regional Roundtable Meeting between the Town Council of Trophy Club, the Board of Alderman for the Town of Westlake, City Council for the City of Roanoke and the Board of Directors for the Northwest Independent School District and discussion of the same. Assistant Town Manager Seidel provided a brief report regarding the Regional Roundtable. Mayor Pro Tem Edstrom suggested specific time allotments for each item. Mayor Sanders is not in favor of placing time limits on the items and would prefer to know a time frame for each item, prior to the meeting in order to keep the meeting flowing. Council member Wilson requested Town Manager provide her a copy of the engineering study on the road from Byron Nelson High School to Hwy 377. No action taken, report only. D.14 Town Manager to give a report regarding the creation of a Water/Wastewater study team and discussion of the same. Town Manager Emmons stated that as directed by Council, he has begun his search for a study team. The RFQ was provided to the Master District last week and Emmons has received input from some of the Directors. Emmons suggested Council address every issue in order to determine if operations are running efficiently. The study needs to include a review of the current infrastructure condition so that the Town has knowledge of the current system. Town Manager Emmons estimated the study would cost $30,000 – 40,000 on the low end and $75,000 - 100,000 on the high end. Ben Brewster, 222 Fresh Meadow Drive – Spoke on behalf of over 560 citizens who responded to the letter the Ad Hoc committee sent out, all in favor of the study. Mr. Brewster referenced the consolidation of Solana through legislative action which would be long and drawn out. Legal aspects need to be addressed first and management consideration on how our management would work with Westlake. Brewster said the ad hoc Committee is not saying consolidation is the only way and want the study to determine. Mayor Sanders agreed and said in order to spend this type of money he would like reassurance that the Town can save the residents some money. The value of Solana needs to be determined first in order to make a decision. Mayor Pro Tem Edstrom would like to know the cost to maintain and upgrade the infrastructure. Mayor Sanders would like copies of the previous studies. Town Manager Emmons stated the overall environment and factors have changed since the last study. Emmons would like Council’s direction to solicit and accept proposals for a study and for Council to provide a detailed list of items they want included in the study. The MUDs will only contribute to the financial aspects of study and not to a full engineering analysis. Mayor Sanders referenced the bipartisan study team mentioned in the ad hoc committee letter and would like the MUDs to inform the Town what they would like to change from the original scope defined at the October 2006 meeting. Town Manager Emmons read the minutes from the October 22, 2006 meeting and stated that the MUDs were aware of the scope of the study the Town was going to engage in. Council member Moss would like to see Town Manager Emmons move forward and solicit costs factors for the study so the Council can prioritize. Council member Wilson likes the idea of having the price components and commented that the financial analysis is her biggest concern. Wilson would like to see the study team work with the ad hoc committee, and would like Town Manager Emmons to clear up the misunderstanding with the Master District so that everyone knows this is an unbiased study. 38 No action taken, input only. D.15 Items for Future Agenda. Staff will come back in April with the traffic study. The reviews for the Town Manager, Town Attorney and Town Secretary will occur at the meetings in April. Mayor Sanders asked the Council to recognize the significant staff time ordinance review and revisions require. Council member Wilson added the solicitation ordinance. Town Manager Emmons confirmed the ordinance is scheduled for the next meeting. D.16 Reports. (a) Town Manager Emmons gave his report. (b) EDC 4A Liaison, Council member Moss gave his report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to seek the advice of its attorney about pending or contemplated litigation: Time entered: 10:17 p.m. (1) Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Time reconvened into Regular Session: 10:28 p.m. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. Motion made by Edstrom, seconded by Wilson directing Town Attorney Adams to proceed with response. Motion passed unanimously without any discussion. F.1 Adjourn. Motion made by Edstrom, seconded by Wilson to adjourn. Meeting adjourned at 10:29 p.m. ______________________________ ___________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 39 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 12, 2008 (Joint Regional Meeting.) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1 Minutes dated, March 12, 2008. 40 MINUTES OF A JOINT REGIONAL MEETING BETWEEN THE TOWN COUNCIL FOR THE TOWN OF TROPHY CLUB, BOARD OF ALDERMAN FOR THE TOWN OF WESTLAKE, CITY COUNCIL FOR THE CITY OF ROANOKE AND BOARD OF DIRECTORS FOR THE NORTHWEST INDEPENDENT SCHOOL DISTRICT LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Wednesday, March 12, 2008 at 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Wednesday, March 12, 2008. The meeting was held within the boundaries of the Town and was open to the public. Mayor Sanders led the pledges. Mayor Gierisch gave the invocation. TROPHY CLUB TOWN COUNCIL MEMBERS AND STAFF PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Jim Moss Council Member Kathleen Wilson Council Member Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney WESTLAKE TOWN COUNCIL MEMBERS AND STAFF PRESENT: Scott Bradley Mayor Don Redding Mayor Pro Tem Larry Corson Alderman Pete Steger Alderman Joe Hennig Interim Town Manager Kim Sutter Town Secretary ROANOKE CITY COUNCIL MEMBERS AND STAFF PRESENT: Scooter Gierisch Mayor Holly Gray-McPherson Mayor Pro Tem Brian Darby Council Member Victor Molaschi Council Member Lewis Rice Council Member Jimmy Stathatos City Manager Ronnie Angel Parks Director Cody Petree Public Works Director 41 Kim Barnes City Secretary NISD MEMBERS PRESENT: Dr. Karen Rue Superintendent Davis Palmer Board of Trustee, President Dr. Daryl Laney Board of Trustee, Secretary Dennis McCreary Assistant Superintendent for Facilities, Planning, and Construction Mark Schluter Board Member Pledge of Allegiance led by Mayor Sanders, Town of Trophy Club. Invocation led by Mayor Gierisch, City of Roanoke. A.1 Call to order and announce a quorum. Mayor Sanders, Town of Trophy Club, called the meeting to order at 6:04 p.m. Mayor Bradley, Town of Westlake, called the meeting to order at 6:04 p.m. Mayor Gierisch, City of Roanoke called the meeting to order at 6:06 p.m. Mayor Sanders took the group into a committee of a whole for open discussion with no action. A.2 NISD presentation on demographic growth and update regarding Byron Nelson High School Sport facilities. Dr. Karen Rue, Northwest Independent School District Superintendent, gave a presentation on demographic growth and an update regarding Byron Nelson High School sport facilities. The district has 65 active housing developments with more being platted. The current enrollment is close to 12,000 students and is growing by approximately 1,500 students each year Dennis McCreary, Northwest ISD, gave overview regarding the progress of construction on Byron Nelson High School. Currently on schedule and will open on time for the August 2009, school year. A.3 Discuss and receive input regarding Library. Northwest ISD School Board is in discussion for the library to be open to the public outside of school hours. Roanoke City Manager Stathatos asked if all residents in the school district would be allowed to use the facilities. Dr Rue stated that they would work with all entities. NISD Board of Trustee Palmer said the Legislation has regulated the funding for maintenance and operation of libraries. Trophy Club Mayor Pro Tem Edstrom thanked NISD for designing the infrastructure to allow another entity outside after hours use. 42 Dr Rue stated the bond referendum includes funds to conduct a feasibility study for a natatorium. Assistant Superintendent McCreary said one concern of the long range planning committee is ensuring there is enough land to get the district through their growth transition. The City of Keller has offered an affordable rate of $15,000 annually for the NISD swim program to use their facility and the district’s cost of approximately $3,000 per year to transport the children. Mayor Pro Tem McPherson said the Roanoke City Council felt left out and was offended to read in the papers that the NISD was talking to the City of Fort Worth about a natatorium. If NISD would build the facility, Roanoke will be responsible for the operation and maintenance. Both Mr. McCreary and Dr. Rue said the feasibility study will determine the best location and operation and maintenance needed. The study should be complete within two (2) years. Bill Walker, resident of Roanoke, said talks with Fort Worth were regarding swimming pools not natatoriums. He does not believe there will be any negotiations between the City of Fort Worth and Northwest ISD regarding a natatorium, the City of Fort Worth has other items to be concerned with. a) Each entity provide brief overview of current and future park plans. Roanoke City Manager Stathatos stated the City of Roanoke has a Professional Services scheduled for an upcoming agenda to build soccer fields, 8-12 depending on need, just south of the Recreation Center. The fields should be under construction by summer 2008, and completed by spring. He stated there are discrepancies on the location of Marshall Creek Park and Trophy Club Park and that we all need to be on the same page. Work has been started with the CORPS and ideas for the Parks Master Plan. Council Member Wilson asked if Roanoke would be interested in working with Trophy Club and creating a tri-city sports area. Mayor Pro Tem McPherson said we could have an outstanding art facility if we can put aside the boundary issues. Mayor Gierisch agreed stating there were advantages. Roanoke’s Recreation Center is open to anyone wishing to use the facility and pool and feels other municipalities should do the same. Interim Town Manager Hennig will be updating their trail system, Mayor Bradley stated Westlake just acquired the title to Roanoke IOOF cemetery, which has never been in the City of Roanoke, and will begin doing a Master Plan to include a trail and green cemetery. Mayor Bradley saluted Roanoke and Trophy Club for the idea of regional cooperation. b) Discussion of Trophy Club Park Town Manager Emmons gave a presentation on existing and future parks in Trophy club stating the descriptions of each. • Harmony Park: 13 acre irrigated park 43 • Lakeview Park: 5 acres owned by NISD which has joint use • Independence Park: 188,000 gallon main pool, 37,000 gallon kiddie pool, concession stand • Skyline Park: 3.5 acre undeveloped park • Trophy Club Park: 877 Acre Park with 677 acres in current use. Trophy Club has a current lease dated 2002-2027 for recreation purposes. Mayor Pro Tem McPherson believes that it is not unheard of for the CORPS to give multiple leases on one park. Mayor Pro Tem Edstrom suggested a nature center would be of interest to partner with the school district. c) Discussion of natatorium facility This section was discussed under item 1 at the request of Roanoke Mayor Pro Tem McPherson. A.5 Discuss and receive input regarding Highway 170 – Highway 114 Interchange. Mayor Sanders stated that until RTC reaches a written agreement on how to value toll roads with NTTA that it will probably not happen. Transportation federally is broke. Mark Schulter – NTTA could move forward on this project very rapidly based on recent experience. A.6 Discuss and receive input regarding inter-community development communication and development along Highways 114 and 170 of mutual interest to all communities. It was noted that Roanoke has a new fire station that will be located in that area. Alderman Corson appreciates that all three (3) towns are meeting and may not agree but are having discussions. He suggested a process to allow for cities to have an input regarding business that front either 114 or 170. Mayor Bradley said that the Value Inn sign is not appealing. Mayor Pro Tem Edstrom said there used to be a corridor process in place back in the late 90’s. City Manager Stathatos has never seen one and believes it was before he came to work in Roanoke which was in 1998. Council Member Wilson stated “curb appeal” needs to be addressed on a future agenda. Alderman Corson would like to find the corridor process and see if everyone agrees. He would like to know how the process would work. Should this be implemented through the County Commissioner or just an agreement between Managers? 44 A.7 Schedule future meetings. Mayor Pro Tem McPherson would like to meet again after election, maybe early June and that Roanoke would host. Mayor Sanders suggested this might be a quarterly meeting. Town Managers will schedule a date. Mayor Sanders moved the group out of a committee of a whole. A.8 Adjourn Motion made by Susan Edstrom seconded by Jim Moss to adjourn the meeting at 7:58 p.m. Motion carried unanimously. Motion made by Larry Corson seconded by Pete Steger to adjourn the meeting at 7:58 p.m. Motion carried unanimously. Motion made by Holly Gray-McPherson seconded by Victor Molaschi to adjourn the meeting at 7:58 p.m. Motion carried unanimously. ____________________________ ________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 45 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.B.6 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 17, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated, March 17, 2008. 46 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 17, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 17, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member TOWN COUNCIL MEMBERS ABSENT: Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Adam Adams Park and Recreation Director Sakura Moten-Dedrick Finance Director Tammy Ard HR Coordinator A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Police Chief Kniffen gave the Invocation. A.3 Fire Chief Thomas led the pledges. A.4 Citizen presentations: 47 Roger Williams, 215 Phoenix – Requested the Town take a position against the MUD1 Bond as the citizens do not have enough details to build the station. Mr. Williams suggested that the Town should have a referendum allowing all the citizens to vote fro a new station. A.5 Discuss and take appropriate action regarding a Proclamation recognizing April as Friends of the Family, Sexual Assault Awareness month. Mayor Pro Tem Edstrom read the Proclamation. Motion made by Moss, seconded by Cates to approve the Proclamation. Motion passed unanimously without any discussion. Mayor Sanders introduced Tiffany Coleman from Friends of the Family. Ms. Coleman thanked the Council and Community for their support since 2002. A.6 Presentation by Wellspring Insurance Company, Rodney Dryden regarding Health Savings Accounts (HSAs) and discussion of same. As requested by Council during the last budget cycle, Rodney Dryden from Wellspring Insurance Company gave a brief presentation explaining Health Savings Accounts and Health Reimbursement Arrangements. A.7 Receive update and recommendations from the Public Safety Advisory Group regarding a potential amendment to Chapter X, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club to enact Article XIV, regulating the use of mobile phones and entitled "Use of Hand- Held Mobile Telephones Prohibited In School Zones", and discussion of same. Lou Opipare from the Public Safety Advisory Group gave a presentation listing the Group’s considerations for evaluating a Cellular Telephone Ordinance. The Public Safety Advisory Group identified potential hazards and options for enforcement. The Group recommends that if the Council decides to ban hand-held cellular phones in the school zones, then they should ban their use throughout the entire town. Barbie Kadow, 322 Village Trail – Spoke against an Ordinance banning cell phones in a school zones. Town Council Candidate, Michael Zerger, 220 Oak Hill Dr. – Suggested people speaking on cell phones are as dangerous as drunk drivers, and agreed with the Public Safety’s Advisory Group’s recommendation of prohibiting handheld cell phones for the entire community should Council ban in school zones. Council member Sterling does not feel the Town has the necessary resources to enforce and that public awareness is a more effective tool. 48 Council member Cates agreed with Sterling that the Council should not legislate this and encouraged people not to drive while talking on a cell phone. Council member Moss said it is impossible to regulate people with rules that they are not going to pay attention to. Mayor Sanders advised this item was posted for Council input only. Staff should not pursue an amendment to Chapter X, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club to enact Article XIV, regulating the use of mobile phones and entitled "Use of Hand-Held Mobile Telephones Prohibited In School Zones", due to lack of support from the Council. Consent Agenda Motion made by Edstrom, seconded by Sterling to approve Items B.1 – B.4. Motion passed unanimously without any discussion. B.1 Consent Agenda: Discuss and take appropriate action regarding a Joint Election Contract between the Town of Trophy Club and the Northwest Independent School District. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 3, 2007. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 4, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 18, 2008. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING C.1 Public Hearing to request a Replat of Lot 3, Block A, Trophy Wood Business Center. Applicant: Highway 114 Prospect, LTD (RP-08-013) Public Hearing opened at 7:55 p.m. Rick Horn from Pate Engineering and representative for the owner of PD-25 introduced himself. No speakers addressed the Council Public Hearing closed at 7:59 p.m. Mayor Sanders requested Item D.4 be considered next. 49 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action regarding a request for Replat of Lot 3, Block A, Trophy Wood Business Center. Applicant: Highway 114 Prospect, LTD (RP-08-013) Planning and Zoning Chairman, Gene Hill advised that the applicant, Highway 114 Prospect, Ltd., came before the Planning and Zoning Commission on February 21, 2008 with a request for replat of Lot 3, Block A, Trophy Wood Business Center. The replat will divide Lot 3, Block A, into two lots, Lot 3R1 (Tract 7) of approximately 2.024 acres and Lot 3R2 (Tract 6) of approximately 0.938 acres, in order to match the concept plan outlined in Planned Development No. 25 (PD-25) regulations which governs the development and use of these lots. The replat will not change the zoning or uses of the tracts. Information provided by Staff to the Commission noted the site is zoned as Planned Development 25. The PD-25 concept site plan and zoning were approved in December 2002. The Town’s Thoroughfare Plan requirements have been previously met when the developer built Trophy Wood Drive and Plaza Drive. The site is within an area identified on the Comprehensive Land Use Plan for Commercial/Professional uses and the replat adheres to the Comprehensive Land Use Plan. As required by ordinance, a notice of Public Hearing was published in the Town’s official newspaper on February 29, 2008. Property owner notification was sent to owners within 200-ft. of this replat although it was not a requirement to do so. Staff reviewed the Town’s Code of Ordinances requirements for plat approval and discovered that the replat complies with the Subdivision Regulations, Comprehensive Land Use Plan, Comprehensive Zoning Ordinance and the intent of Planned Development No. 25. Based on these actions and findings, Staff recommended to the Planning and Zoning Commission that the developer’s replat request be approved. At its February 21, 2008, meeting the Commission heard, reviewed and discussed the developer’s request for replat of Lot 3, Block A into Lots 3R1 and 3R2, Trophy Wood Business Center. By a vote of 5–2, with Commissioners Sheridan and Ashby voting against, the Commission recommended approval of the replat request to the Town Council. Motion made by Moss, seconded by Edstrom to approve a replat of Lot 3, Block A, Trophy Wood Business Center. Applicant: Highway 114 Prospect, LTD (RP-08-013). Council member Cates questioned why the owner wants to divide the Lot. Town Manager Emmons responded that no formal plans have been presented to the Town and deferred to Rick Horn, representative for the applicant. Mr. Horn said that there are no specific plans as of yet. Motion passed unanimously without further discussion. 50 D.2 Discuss and take appropriate action regarding the acceptance of the fiscal year audit ending September 30, 2007. Managing Partner Shawn Parker from Weaver and Tidwell was present. Finance Director Sakura Dedrick gave a brief synopsis of the audit process. Mr. Parker announced the Town received an unqualified opinion with two material weaknesses. Neil Twomey and J.D. Harvey from the Audit Committee were present. Mr. Twomey asked the Council to recognize that the control procedures were not questioned like last year and commended Finance Director Moten for her help and hard work. Mayor Sanders and Town Manger Emmons complimented Council Member Cates for her weekend work helping to implement controls and doing internal audits of P-card transactions. Motion made by Edstrom, seconded by Sterling accepting of the fiscal year audit ending September 30, 2007. Motion passed unanimously without further discussion. D.3 Review and discuss Comprehensive Land Use Plan Revision Proposals from Town Consultants. Town Manager Emmons said on January 21, 2008, the Town Council discussed and considered conducting a land use study for all commercially zoned properties. The Council directed that he bring back an outline of the process necessary to update the Comprehensive Land Use Plan (Comp Plan). On February 12, 2008, Town Manager Emmons met with Town Engineering Consultants, Teague, Nall & Perkins (TNP) to discuss a timetable and Comprehensive Plan scope. TNP was directed to return a proposal for review of the Comprehensive Plan. The proposal was emailed to the Council on Friday, March 14, 2008. Currently the funds are budgeted for the Comprehensive Plan Review. This project will n eed ot be deferred until next fiscal year. D.4 Discuss and take appropriate action to amend Chapter 3, Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; by amending Section 15.01 “Definitions”, Section 15.02 “Applicability and Prohibited Conduct”, and Section 15.04 (I) “Draining of Swimming Pools”, and providing an effective date. Town Manager Emmons referenced the Storm Water Management Plan adopted by Council in February and the discussions regarding pool discharge and backwash requirements mandated by TCEQ. Staff was previously advised by TCEQ that filtered backwash of pools is considered elicit and unauthorized. As of Friday, March 14, 2008, TCEQ informed Town Staff that elicit discharge would not be considered unauthorized. Town Manager Emmons asked the Council to determine if they are going to set policy for pool compliance now or wait until the State mandates. Emmons recommended 51 Council not take action tonight and wait until staff receives the additional information they have requested from TCEQ. Council member Cates would like to wait until the State mandates and requested TCEQ submit their decision in writing to the Town. Mayor Pro Tem Edstrom is frustrated that Staff is receiving two different stories form TCEQ and requested a representative speak to the Council on record. Mayor Sanders acknowledged the Cities of Arlington, Grapevine, Farmers Branch and Southlake have adopted similar ordinances. Larry Hoover, 1118 Berkshire Court – Spoke against this Ordinance and is upset with the information previously provided by staff regarding this issue. Peggy Sweeney, 51 Meadowbrook – Thanked the Council and staff who worked on the revisions to the proposed Ordinance. J.D. Harvey, 5 Sunrise Court – Spoke against this Ordinance. Ryan Chitwood, 10 Overhill Drive – Expressed disappointment that Council would consider waiting for State mandates to approve. Council member Moss defended the Council advising they reviewed the information provided and proceeded according to legal requirements. Motion made by Edstrom, seconded by Moss to refer to a date uncertain. Motion passed unanimously without any further discussion. D.5 Discuss and take appropriate action authorizing staff to purchase two inspection trucks. Town Manager Emmons stated the purpose of this purchase is to adequately equip the inspectors for the Public Improvement District (PID) projects. As part of the approved project cost, the Town charges a flat fee of 5% of the construction for inspections services. The prevailing rate for a full-time contract inspector is approximately $80 per hour. The Town will be able to hire a full-time inspector and provide the necessary equipment at a significantly reduced rate from that of an outside contractor inspector. One truck will be used by the new inspector and the second will be used by our current inspector, who is currently using his personal vehicle. The vehicles will be purchased using PID funds and will not have an impact on the current budget. Town Manager Emmons provided a cost analysis as requested by Council member Cates. Mayor Sanders confirmed that the Town is not going to finance the vehicles. PID Funds are budgeted to pay for the vehicles and they are dedicated to inspections. Motion made by Moss, seconded by Edstrom authorizing staff to purchase two inspection trucks. Motion passed unanimously without further discussion. D.6 Discuss and provide input regarding Council's process and procedures for issuing performance reviews on the Town Manager, Town Attorney and Town Secretary. 52 Mayor Sanders suggested the reviews occur at the April meeting and suggested reviewing the Town Attorney and Town Secretary at one meeting and the Town Manager at the other. Sanders asked the three individual to provide a self evaluation and Council requested that the three to advise them how they are working together and offer any suggestions on how this process might be improved. Mayor Pro Tem Edstrom and Council member Cates acknowledged the employment agreement requested last year by the Town Secretary and suggested the Town Secretary bring forth ffer any such agreement for consideration. Pearl Ford, P.O. Box 301 – Suggested the Council wait until Staff’s next review before changing the evaluation forms and offered to assist in revising. In addition, Ms. Ford suggested Council only review one person per meeting. Council agreed with the suggestion of only doing one review per meeting. There was no objection from Adams, Ramsey or Emmons to Council conducting one review per meeting, even though it would require that one individual’s review will occur in May. D.7 Items for Future Agenda. Mayor Sanders requested Item 3 Discuss and receive input regarding an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs, be removed from the list and Item 4 Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it relates to section 3.21 of the Town Charter, be researched and brought back on April 7, 2008. Sanders would like a presentation from the MUDs regarding the funding of the proposed Fire Station, and add an item for Council discussion related to how Council plans to address the financial statement proposition that was noted in the most recent Audit. D.8 Reports. (a) Town Manager Emmons’ gave his report. (b) EDC 4B Staff Liaison, Stephen Seidel gave the report since Council Liaison Sterling was absent from the meeting. (c) Parks and Recreation Director, Adam Adams gave a brief update. E.1 Adjourn. Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 9:45 p.m. _____________________________ ________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 53 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.C.1 Discuss and take appropriate action regarding a Resolution supporting and encouraging the passage of the May 10, 2008 Northwest ISD $260,000,000 bond. EXPLANATION: NISD Superintendent Dr. Rue, will present an overview of 2008 Northwest ISD Bond Program at the April 7th, 2008 Town Council meeting. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Resolution 54 Town of Trophy Club Resolution No. 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, SUPPORTING THE PASSAGE OF THE NORTHWEST INDEPENDENT SCHOOL DISTRICT’S $260,000,000 BOND PROPOSAL ON MAY 10, 2008. WHEREAS, THE Town Council of the Town of Trophy Club recognizes that the Northwest ISD student population is anticipated to increase by 5950 students over the next three years; and WHEREAS, the Town Council recognizes that the pursuit of high quality academics requires adequate facilities to provide appropriate teacher-to-student ratios; and WHEREAS, THE Northwest ISD Long-Range Planning Committee has recommended to the Northwest ISD Board of Trustees the following bond projects to accommodate the anticipated student growth: • School site purchases (8 elementary school sites and 1 middle school site) • Seven new elementary schools • One new middle school • Classroom additions to Samuel Beck Elementary School • HVAC replacements at Lakeview, Haslet and Justin Elementary schools and the District Support Services facility. • Technology to accommodate growth and upgrades; infrastructure for new schools, five year technology replacement cycle and instruction initiatives. • Educational Programs; orchestra classrooms, Career Pathways/Academies, Feasibility study to prepare for future natatorium. WHEREAS, The Northwest ISD Board of Trustees has called a $260,000,000 bond election for May 10, 2008 to provide for the needed facilities; and WHEREAS, the bonds will be sold as demographics warrant over the course of the three year period with a maximum I&S tax rate of $0.3350; and WHEREAS, the I&S tax rate of $0.3350 is the same maximum rate guaranteed in the 2001 and 2005 bonds, and WHEREAS, the Town Council of the Town of Trophy Club has determined that the passage of this bond is needful for the pursuit of high quality academics; 55 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Trophy Club, Texas: Section 1. The Town Council supports and encourages the passage of the May 10, 2008 Northwest ISD $260,000,000 bond. Section 2. The resolution shall take effect from and after the date of passage. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 7th day of April 2008. _____________________________ Mayor of Trophy Club, Nick Sanders, ATTEST: ______________________________ Town Secretary, Lisa Ramsey APPROVED AS TO FORM: ________________________________ Town Attorney, Patricia Adams 56 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No. C.2 Discuss and provide input regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. A. Discuss and provide input on the development agreement between the Town and Centurion American for the extension of Northwest Parkway EXPLANATION: The attached draft interlocal agreement provides for the funding and construction of the road to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke to connect at its intersection with Highway 377. Denton County is providing funding which is divided proportionately between Trophy Club, Roanoke, and NISD. Under the PID/Development Agreement between Centurion American and the Town, Centurion American is responsible for the costs of construction for the portion of the road that goes across property owned by Centurion. The agreement contains an exhibit which identifies road segments, the cost of construction for each segment and identifies the party responsible for those costs. The Town will act as project manager and let the contract. The County was uncomfortable with Centurion American being a member to the interlocal development contract, so the obligations of Centurion American have been outlined in a separate agreement between Centurion and the Town. A copy of the draft agreement between Centurion American and Trophy Club is also included for your review. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Draft Interlocal with Roanoke, NISD, and Denton County 3. Draft Agreement between the Town and Centurion American 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.C.3 Discuss and take appropriate action on a request for approval of a Temporary Use for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood 3, Phase 1A, for a period of time of not greater than one year. Applicant: K. Hovnanian Homes - DFW, LLC K. Hovnanian Homes is building two model homes located at 2216 and 2220 Trophy Club Drive. The builder wishes to place a paved parking lot between the two model homes; the parking lot is to be located on Lot 10, Block A, which carries the address of 2218 Trophy Club Drive. This type of request must be heard by the Planning and Zoning Commission for recommendation to the Town Council. The builder must eventually remove the parking lot, restoring the lot to a buildable single family home lot as originally shown on the Neighborhood 3, Phase 1A plat. This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V Supplementary District Regulations, Section 5.01 Temporary Uses (copy included): A. Permitted Uses: The following uses, which are classified as temporary uses, may be permitted for a period of time by the Town Council, after recommendation by the Planning and Zoning Commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. … 14. Off street parking for Model Homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use may be renewed annually. … Annual Extensions of the temporary use permit may be issued by the Zoning Administrator upon written request by the applicant. Setbacks: Neighborhood 3, Phase 1A of The Highlands of Trophy Club Planned Development No. 27 (PD-27) consists of Lot Types 1 and 2. The parking lot is proposed on Lot 10, Block A, which is a Lot Type 2, with the following setback requirements: Front Yard: 25 feet minimum 97 Rear Yard: 25 feet minimum Side Yard: 7.5 feet minimum The applicant has complied with all required setbacks. Parking Requirements: Parking requirements for temporary use model home parking are not specified in the Town of Trophy Club Parking Regulations, but the regulations require the following: “The number of spaces required shall serve residents, customers, patrons, visitors and employees.” The applicant conferred with the Town’s Building Inspector and they agreed that the applicant should place the maximum number of parking spaces allowed on the lot to sufficiently provide parking for employees and potential customers. In addition, American Disabilities Act (ADA) standards require twenty percent of total parking spaces must be handicap-accessible. The Town Council also has the following parking guidelines authority per Town of Trophy Club regulations: “Unclassified Use: Where the proposed land use cannot be classified within the uses herein specified, the Town Council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use.” The applicant’s site plan is configured for 13 single car spaces, each 9’ x 18’ as required by town regulations, and 2 handicap accessible spaces, also sized appropriately. Parking Facilities Construction: Town regulations require that parking facilities be constructed of reinforced concrete on prepared subgrade. Minimum thickness shall be 5” for general parking. The applicant must obtain a building permit and comply with materials and inspection requirements. Landscaping: This temporary parking lot is being constructed in a neighborhood that is part of The Highlands at Trophy Club Planned Development No. 27 (PD-27). There are landscaping requirements for the lot when it is built out as a home, but PD-27 does not designate specific landscaping requirements for temporary use model home parking. Town of Trophy Club Landscaping Regulations also do not designate specific landscaping requirements for temporary use model home parking lots, but the regulations have the following “general” standards: D. General Standards: The following criteria and standards shall apply to landscape materials and installation: 1. Quality: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects. 98 2. Trees: Trees referred to in this Section shall comply with all applicable regulations and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. If any of the requirements of Article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of Article VIII of the Subdivision Regulations shall control. 3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 4. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. 5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two trees for the herein minimum requirements. 8. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited. The applicant’s proposed landscaping, as shown on the site plan, meets the Town’s Landscaping “General Standards” provided any shrubs planted are a minimum two feet in height when measured immediately after planting. When the parking lot is removed and a home is built on this lot, the applicant must comply with all landscaping requirements of PD-27. Staff Recommendation: Staff recommends approval of this request. The applicant has met or exceeded the parking and landscaping requests made by staff. Planning and Zoning Recommendation: The Planning and Zoning Commission will hear this request on Thursday, April 3, 2008. Council packets go out before the P&Z meeting takes place, therefore, on April 7, 2008, Chairman Gene Hill will update the Council with the Commission’s decision. (ch) Attachments: Application K. Hovnanian Explanation of Parking Lot Proposal Site Plan Plat Map Location Overall View – Plat Map Location 99 Chapter 13 – Zoning; Article V – Supplementary District Regulations; Section 5.01 Temporary Uses Chapter 13 – Zoning; Article VII – Development and Design Standards, Section 7.03 Landscaping Regulations Chapter 13 – Zoning; Article VII – Development and Design Standards, Section 7.04 Off-Street Parking Regulations 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.C.4 Discuss and take appropriate action on a request for approval of a Temporary Use for a Real Estate Office (located in a trailer or manufactured housing), Churchill Downs Subdivision, for a period of time not to exceed six (6) months. Applicant: F & R Adams Luxury Homes F & R Adams Luxury Homes requests permission to place a sales trailer on Lot 19, Block B, which is addressed as 2016 Churchill Downs Lane. F & R Adams Luxury Homes has a permitted construction trailer on this site, but would like to use the trailer as a sales office as well. For permission to use a real estate office located in a trailer, the request must be heard by the Planning and Zoning Commission for recommendation to the Town Council. This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V Supplementary District Regulations, Section 5.01 Temporary Uses: B. Permitted Uses: The following uses, which are classified as temporary uses, may be permitted for a period of time by the Town Council, after recommendation by the Planning and Zoning Commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. … 15. Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. Setbacks: The sales trailer conforms to the setbacks of Lot 19, Block B, Churchill Downs Subdivision: Front Yard: 25 feet minimum Rear Yard: 20 feet minimum Side Yard: 7.5 feet minimum Parking: Street parking will be used. 118 Landscaping: Landscaping for temporary sales trailer use is not specified in the Town of Trophy Club Landscaping Regulations, but the regulations have the following standards: E. General Standards: The following criteria and standards shall apply to landscape materials and installation: 9. Quality: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects. 10. Trees: Trees referred to in this Section shall comply with all applicable regulations and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. If any of the requirements of Article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of Article VIII of the Subdivision Regulations shall control. 11. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 12. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. 13. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 14. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 15. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two trees for the herein minimum requirements. 16. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited. The applicant has included annuals, Japanese Bloodgrass, Dwarf Indian Hawthorn and Pigmy Dwarf Barberry as landscaping in front of the trailer. The applicant does not indicate the size of the plants, which must be a minimum of two feet in height when measured immediately after planting. They are proposing sod on the sides of the trailer and seed in the rear. Flagpoles, Wooden Sign, Fencing: The applicant is asking for flagpoles, a 7’ x 5’ wooden sign and fencing around the lot, none of which specifically requires Town Council approval, but must be properly approved and permitted by the Town Permit Department. 119 Awnings: The applicant has placed awnings on the existing construction trailer (picture enclosed) and is asking the Town Council for permission to keep the awnings on the trailer. Staff asks that this request be denied as awnings are prohibited by Town regulations (Chapter 5 – General Land Use, Article IV – Sign Regulations, Section 4.06 Commercial and Institutional Signs). Staff Recommendation: Staff recommends approval of this request with denial of the awnings. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission will hear this request on Thursday, April 3, 2008. Council packets go out before the meeting takes place, therefore, on April 7, 2008, Chairman Gene Hill will update the Council with the Commission’s decision. (ch) Attachments: Chapter 13 – Zoning; Article V – Supplementary District Regulations; Section 5.01 Temporary Uses Application Sales Trailer Elevation Without Awnings Sales Trailer Elevation With Awnings Photo – Sales Trailer with Awnings Site Plan Construction Trailer Permit Issued February 8, 2008 Town of Trophy Club Sign Regulations, Chapter 5 – General Land Use, Article IV – Sign Regulations. 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.C.5 Discuss and take appropriate action on a request for approval of a Temporary Use for a Real Estate Office (located in a trailer or manufactured housing), for a period of time not to exceed six (6) months, Located on Commercial Recreation (CR) Zoned Property. Applicant: Jacobs Carter Burgess on behalf of Centurion American. Property Owner: ClubCorp Golf of Texas. Jacobs Carter Burgess, on behalf of Centurion American, requests permission to place a temporary real estate office on property owned by Trophy Club Country Club (dba ClubCorp Golf of Texas). The property is located just west of the intersection of Trophy Club Drive and Trophy Lake Drive with existing tennis facility, courts, and parking located on the site. Centurion American wishes to place the temporary use real estate sales trailer on the south side of the private drive entrance to the Country Club tennis courts. Centurion is proposing landscaping and parking additions to the existing tennis facility, these features will become permanent additions to the site. ClubCorp Golf of Texas must give permission to Centurion for the temporary use and must indicate their approval of the permanent changes proposed by Centurion. As the time of packet delivery, ClubCorp sign-off had not been received by the Town. This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V Supplementary District Regulations, Section 5.01 Temporary Uses: C. Permitted Uses: The following uses, which are classified as temporary uses, may be permitted for a period of time by the Town Council, after recommendation by the Planning and Zoning Commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. … 16. Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. The applicant is requesting an immediate 6-month extension of the time period for this temporary use real estate office trailer. 163 Setbacks: Commercial Recreation (CR) property does not designate setbacks as it is not meant to be used for structures and buildings but rather for athletic fields, playgrounds, tennis courts, etc. The applicant is proposing 5-ft. setbacks on the east and west sides of the trailer. This will place the building 5-ft. from the private drive on the east side and 5-ft. from the neighboring vacant Commercial Recreation (CR) zoned property on the west side of the trailer. The setbacks are acceptable to staff. Parking: A parking lot is proposed, which will remain as a permanent parking area for the tennis courts use after the temporary real estate use has ceased. The applicant is proposing 12 parking spaces and one ADA space, all of which conform to Town standards. The applicant is proposing the parking to remain as a permanent parking area for the tennis courts use after the temporary real estate use ceases, therefore, the parking lot must meet all provisions of Section 7.04 Off-Street Parking Requirements as well as the following: K. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements. In addition, the following regulations shall apply: 1. Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. 2. Access to individual developments shall be obtained through mutual access and cross access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the Town Council after recommendation by the Planning and Zoning Commission. 3. Total driveway entrances shall not exceed 3 entrances for any development. 4. Driveways shall have a minimum separation of 150 feet. 5. Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. 6. There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. 7. A raised curb shall be required for all parking and driving surfaces. 8. Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. 9. A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. 10. All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan. 164 11. Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town Planning and Zoning Commission. 12. Crosswalks, when provided, shall be marked similar to decorative street pavement. The applicant meets the above requirements. Landscaping: Town of Trophy Club Landscaping Regulations requires the following “General Standards”: D. General Standards: The following criteria and standards shall apply to landscape materials and installation: 1. Quality: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects. 2. Trees: Trees referred to in this Section shall comply with all applicable regulations and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. If any of the requirements of Article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of Article VIII of the Subdivision Regulations shall control. 3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 4. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. 5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two trees for the herein minimum requirements. 8. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited. Besides the General Standards outlined in the Town of Trophy Club landscaping regulations, the following CR regulations apply: 165 I. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscaping Regulations. In addition, the following regulations shall apply: 1. A front set back area shall be devoted to a landscaped buffer. Only drive crossing that provides ingress and egress will be allowed. 2. The front landscape buffer shall contain trees of 4 inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30 foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. The applicant’s site plan lists the type of trees, plants and grass proposed by the applicant. The landscaping on the north side of the private drive is acceptable to staff. The landscaping proposed in the rear of the trailer (along Trophy Club Drive) is meant to give maximum exposure to the “billboard wrap”. Additional landscaping is proposed in front of the trailer, with a few 4” caliper trees near the parking spaces. The applicant meets the requirement of a front landscape buffer containing 4” caliper trees and a minimum three feet in height screening of the parking areas. Flagpoles, Entrance Signage: The applicant’s request for flagpoles and entrance signage does not require Town Council approval, but must be properly approved and permitted by the Permit Department. Exterior Billboard Design Concept: The applicant is proposing to “wrap” the trailer as an exterior billboard. Staff recommends denial of this request as Trophy Club sign regulations allow billboards only along property that abuts State Highway 114. If the Town Council approves of this concept, the applicant must have the property owner’s approval as well. Staff Recommendation: Staff recommends approval of this request: With an extension from 6 months to 12 months for this use; Permanent parking must have ClubCorp approval, applicant must obtain proper permit from Permitting Department, under usual plan review, and parking must be constructed according to Town regulations; Permanent landscaping must have ClubCorp approval, landscaping to be subject to final inspection approval as part of the parking lot final inspection; Staff recommends denial of the “Billboard Concept” as Town regulations allow billboard use only along State Highway 114. Planning and Zoning Recommendation: The Planning and Zoning Commission may hear this request on Thursday, April 3, 2008. Council packets go out before the meeting takes place, therefore, on April 7, 2008, Chairman Gene Hill will update the Council with the Commission’s decision. (ch) 166 Attachments: Application Proposal Site Plan Chapter 13 – Zoning; Article V – Supplementary District Regulations; Section 5.01 Temporary Uses Commercial Recreation District Regulations Chapter 13 – Zoning; Article VII – Development and Design Standards, Section 7.03 Landscaping Regulations Chapter 13 – Zoning; Article VII – Development and Design Standards, Section 7.04 Off-Street Parking Regulations Chapter 5 – General Land Use, Article IV – Sign Regulations 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.C.6 Discuss and take appropriate action regarding a Resolution amending Resolution 2007-21 to appoint one alternate member to serve on ZBA for the remainder of the unexpired term. EXPLANATION: David Equitz, Regular member of the Zoning Board of Adjustment, resigned from that Board effective March 15, 2008, in order to pursue a job opportunity in the northeastern part of the United States. RECOMMENDATION: Appointment of an alternate member of the Zoning Board of Adjustment to fill the regular member position for the remainder of Mr. Equitz’s term, which expires in 2009. Mr. Barry’s position as an alternate will remain vacant until August when advertising will take place to fill Board vacancies. ACTION BY COUNCIL: Approval of Mr. Kevin Barry to fill Mr. Equitz’s term. (ch) Attachments: 1. Resignation letter David Equitz 2. Mid-term Vacancy from the Handbook for Elected and Appointed Officials 3. Email for Chairman Downey recommending Kevin Barry for vacancy 4. Kevin Barry application from August 2007 when he was reappointed as alternate. 5. Resolution 222 223 Mid-Term Vacancy When a member of a board or commission resigns midterm, the Staff Liaison will obtain a letter of resignation from the member and will forward to the Town Secretary. In cases where applications exceeding the number of open seats were received during the Annual Appointment process, applicants who were not appointed during the annual appointment process will be considered first. The Town Secretary will confirm those applicants’ continued interest and then forward the previously submitted application to the Town Council for review and consideration for appointment. In cases where applications did not exceed the number of open seats during the Annual Appointment process the vacancy will be posted. 224 -----Original Message----- From: Bob & Faira Downey [mailto:bob.downey@sbcglobal.net] Sent: Thursday, March 20, 2008 3:53 PM To: Lisa Ramsey; Carolyn Huggins Subject: Zoning Board of Adjustment Ladies, As you know, David Equitz resigned from the Zoning Board of Adjustment effective March 15th. It is my intention to recommend to the Town Council that they appoint a current alternate, Kevin Barry, to take Mr. Equitz's seat as a standing member of the Board. Please include this item in the Council's April 7th agenda. Thank you, Robert L. Downey Chairman, Zoning Board of Adjustment 225 226 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2007-21, BY APPOINTING ONE PERSON TO FILL ONE VACANCY ON THE ZONING BOARD OF ADJUSTMENT; PROVIDING THAT THE REMAINDER OF RESOLUTION NO. 2007-21 SHALL CONTINUE IN FULL FORCE AND EFFECT; APPOINTING ONE (1) CITIZEN TO THE ZONING BOARD OF ADJUSTMENT FOR THE REMAINDER OF AN UNEXPIRED TERM EXPIRING IN 2009; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Committees and Boards; and WHEREAS, since the adoption of Resolution No. 2007-21, one vacancy has opened on the Zoning Board of Adjustment; and WHEREAS, the Town Council has reviewed the Mid-Term Vacancy requirements of the Handbook for Elected and Appointed Officials and recommendation of the Zoning Board of Adjustment Chair has determined that the appointment of one alternate member identified herein below is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Section 2 of Resolution No. 2007-21 is hereby amended to reflect the appointment of the following individual to serve on the Zoning Board of Adjustment with such term of service ending on October 1 of the year specified below: Zoning Board of Adjustment 1. Kevin Barry (2009) Section 2. That all of the other terms an provisions of Resolution No. 2007-21 not in conflict with the terms of this Resolution shall continue in full force and effect. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 7th day of April 2008. 227 ___________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 228 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.D.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) "Consultation With Attorney," in order to seek the advice of its attorney about pending or contemplated litigation: A. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah Properties pending appeal of decision regarding lighted signage on the East Elevation of Value Place Hotel (Section 551.071 (1) and (2)) 229 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.D.2 Discuss and take appropriate action on the appeal of the decision regarding lighted signage on Value Place Hotel East Elevation. A. Discuss and take appropriate action relative to Executive Session Item Number D.1 - Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08. Quanah Properties, LP requests an appeal of the Town Council decision that the east elevation signage at Value Place Hotel must be removed. Mr. Selander, Attorney, and Roger Unger and David Johnston, Quanah Properties, LP, presented an appeal to the Planning and Zoning Commission on March 20, 2008. The Commission, by a unanimous vote of 7-0, recommended approval of the east elevation signage: Planning and Zoning Commission Recommendation: Commissioner Reed made a motion recommending to the Town Council approval of the east elevation signage of Value Place Hotel with the sign continuing to operate at all times at no more than 25% of its maximum capacity. Vice Chairman Stephens seconded the motion. Commissioner Ashby asked to amend the motion: Quanah must maintain the signage at the current levels of illumination and provide an engineer certified written timeline of the current lumens levels and timeframes; these levels and timeframes to become part of the PD. The motion (Commissioner Reed) and the second (Vice Chairman Stephens) accepted the amendment. Chairman Hill called for a vote on the motion and it passed unanimously 7-0. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan Nays: None Action: 7-0, Approved Brightness Schedule of Optic LED Signs at Value Place Hotel: Federal Heath Sign Company, which operates the software that controls the brightness of the Optic LED signs at Value Place Hotel, submitted the following lumens and timeframes schedule: 7 p.m. to 7 a.m. 25% 7 a.m. to 9 a.m. 40% 9 a.m. to 5 p.m. 80% 230 5 p.m. to 7 p.m. 40% (ch) Attachments: • History of Case • Excerpts from March 20, 2008 Planning & Zoning Commission Meeting Minutes • Federal Heath Sign Company Certification of Timeframes and Brightness of Optic LED Value Place Hotel Signage • January 24, 2008 Letter to Quanah Properties, LP • February 4, 2008 Letter from Quanah Properties, LP Requesting Appeal • Excerpt from January 3, 2008 Planning & Zoning Commission Meeting • Sign Criteria Approved by Town Council on October 2, 2006 • Rear Elevation Sign Revision Approved by Staff on February 26, 2007 • Ordinance No. 2006-39 231 VALUE PLACE HOTEL SIGNAGE - HISTORY On October 2, 2006, the Town Council approved Ordinance 2006-39 which amended Ordinance 2002-41 P&Z, known as PD Planned Development District No. 25, Trophy Wood Business Center, by adding Sign Criteria for the Value Place Hotel. The sign criteria included approval for four signs: 1) A monument sign structure on the south side of the hotel along State Highway 114. 2) A wall sign on the south wall of the hotel, facing State Highway 114, with an Optec LED Electronic Message Center. 3) A wall sign on the west wall of the hotel. 4) A Wall sign on the east wall of the hotel. On February 26, 2007, the owner of the hotel, Quanah Properties, LP requested a revision to the rear elevation signage (east wall). This change was administratively approved by Staff. In October 2007, the Town Council requested that the Planning and Zoning Commission review the east elevation signage and recommend to the Town Council approval or denial. On January 3, 2008, the Planning and Zoning Commission reviewed the signage and by a vote of 4-1 recommended approval to the Town Council. On January 21, 2008, the Town Council voted to deny approval of the east elevation signage at Value Place Hotel, 306 Trophy Branch. On January 24, 2008, a letter was sent to the owner of the hotel, Quanah Properties, LP requesting removal of the east elevation signage within 15 business days of receipt of the letter. On February 4, 2008, a letter was received from Arthur Selander, Attorney, on behalf of Quanah Properties, LP requesting an appeal of the decision that the sign must be removed. 232 EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES MARCH 20, 2008 C.1 DISCUSS AND TAKE APPROPRIATE ACTION ON APPEAL OF VALUE PLACE HOTEL EAST ELEVATION SIGNAGE. Chairman Hill announced the case and explained that this is an appeal of the Town Council’s denial of the Value Place Hotel east elevation signage. An appeal shall first be reconsidered by the Planning and Zoning Commission with an approval or denial recommendation to the Town Council. Arthur Selander, Attorney, Quilling–Selander–Cummiskey–Lownds, came forward representing the interests of Quanah Properties Ltd as it relates to this hotel’s signage issue. Mr. Selander stated that he is here merely to assist his clients in evaluating the different courses of action that they have available to them given the Town Council’s action in January 2008 as well as the subsequent letter that was sent to them requesting that this sign be removed in a fairly short period of time or they face the possibility of civil penalties being assessed against them up to $2,000 per day. They consider this a very serious situation warranting professional assistance. He stated that he is not here today to try to be obstructive or divisive. He believes that Quanah Properties truly would like to get this matter resolved with the Town of Trophy Club in a way that addresses everyone’s concerns and he stated that they are still, today, ready and willing to try to attempt that. One of the first things Mr. Selander was asked to do was evaluate what Quanah could do. He told them that they had two courses of action: • under the Town ordinances, to the extent that they construed that the particular letter in question is a revocation of a previously issued permit, there are appellate rights and it was his view that they should try to exercise those rights and so that is why they are here today; • institute litigation against the Town. A lawsuit has been filed and is pending in the 67th District Court of the State of Texas and Mr. Selander stated that he has entered into an agreement with the Town’s attorney, and has established a good working relationship with her, that the lawsuit can be held in abeyance as Quanah works through the hearing before the Planning and Zoning Commission and the subsequent hearing before the Town Council so that neither the Town nor Quanah need expend unnecessary time and effort in the litigation process that may very well not be necessary, which is exactly what they are hoping will be the case. [Mr. Selander reviewed the history of this signage, those minutes are not included here as Council members are familiar with the history of this case.] 233 Mr. Selander stated that in the original ordinance an internally lit wall sign was approved, and to the extent that the criticism of the public has been that they don’t want to see a sign that’s going to shine light out into the night, it doesn’t make much of a difference whether it is an internally lit wall sign or one that has an optic LED function. He stated that the east wall LED sign cannot be seen from any home located within the limits of Trophy Club. As part of the materials that were distributed to the Commission in connection with this hearing there is an overhead photograph with some line of sight that shows exactly where you would have to be located to see either the south side LED sign or the east side LED sign and clearly if you are in a home in Trophy Club you cannot see it. To the extent that anyone has been led to believe that this shines in anyone’s home and interrupts their quality of life cannot be substantiated. That is incorrect. Mr. Selander stated that the LED signs in and of themselves are not objectionable to the City of Trophy Club. He stated that the Town ordinance allows them, but only allows one, not two. In terms of the City’s interest there, Quanah is wondering a little bit about that because Quanah knows of six sites within the City of Trophy Club that have two LED signs on the property. He stated that Quanah has photographs of three schools within the City of Trophy Club that have monument signs with LED displays on both sides. He stated that they also have photographs of three City signs in Trophy Club that are monument signs that have LED displays on both sides. He does not believe there is any variance granted to any school district or the City itself to its own sign ordinance. If the real issue or objection is the fact that a facility has two LED signs in violation of the City’s sign ordinance, then why do we not have the same objections leveled at these other sites? He doesn’t believe that is the real objection. He believes the real objection has to do with the hotel itself, which is a permitted use under the Town’s Zoning Ordinance. Mr. Selander stated that his final point is that Quanah Properties, on its own since this issue arose, has taken it upon themselves to make some operational modifications to the east wall sign. They have dimmed it. David Johnson, Quanah Properties, added that they have dimmed it 70% of its capabilities. He stated that they are down to 25% capability of where it originally was. Mr. Selander stated that they will agree, on an on- going basis, to keep it dimmed to that level. They do not want it to be any brighter than it needs to be to perform its function of notifying people driving along 114 who need a place to stay that Value Place is there. Mr. Selander stated that Quanah has also stopped the flashing feature voluntarily with respect to that sign, so there is no flashing going on at all. The message function has been programmed so that it changes every 30 seconds. That is what they have done so far, and Mr. Selander stated that if there are other things that they can do within the capability of the system they have to make it less intrusive or less objectionable to any citizen of Trophy Club, they are more than happy to talk about that and try to accomplish that. 234 Mr. Selander concluded by saying that Quanah really does want to work this out. They do not want to go forward with the lawsuit if they don’t have to. They view it as a last resort and it is their hope that within a few weeks the matter will be behind them and the lawsuit will be dismissed and they can go about their business. Chairman Hill called on the Commissioners for comments and questions. He asked the Commissioners to recognize and keep in mind that the activities and minutes of this Commission are recorded and will be available for District Court proceedings if necessary. Commissioner Reed stated that he anticipated that the residents of the “Villas” would be present and his comments were directed toward them, so even though no residents are present he is going to give his comments for the record: “One of the complaints by residents of the Villas about this sign was that the flashing bright colored lights were bothering some people in their homes. This isn’t realistic since the sign is actually on the southeast side of the hotel and can’t be seen from homes in the Villa, which are north of the hotel. In fact, the hotel itself is only partially visible from the Villas because of two rows of trees between them. There is an identical sign on the southwest side of the building, but, strangely, there have been no complaints about it. A second complaint was that the sign was an embarrassment to the entire Town of Trophy Club, and that it would cause a decrease in value of homes in the Villas and would make Trophy Club a less desirable place to live. Yet, we have developers moving ahead to build more than 1,500 new homes in our town. I don’t believe one sign is going to affect the desirability of people who want to live in Trophy Club. There are numerous similar electronic type signs throughout the town, including three town bulletin boards, one of which is only a few feet from the entrance to the Villas; at the elementary school, and at the intermediate school. These signs are also in color and have continuously changing messages and some are brighter and more colorful than the hotel signs. The school signs are immediately across the street from many homes, yet no one has complained about them and I’m not aware of any concerns about decreasing value of homes in the area. There have also been comments made about hating the hotel and stating that the Planning and Zoning Commission and the Town Council should never have approved it. The hotel met all of the Town’s requirements and there were no justification or legal reasons to deny approval. Such denial likely could have resulted in a lawsuit against the Town. The hotel followed the Town’s procedures and requirements in their request for the sign and they were not only granted approval, but later were issued a sign 235 permit for its installation. Approval was given by a Town employee and from some reports it was also approved by the Town Manager. If, in retrospect, this approval was improper, it was the Town’s fault, not the hotel’s fault, and the hotel should not be punished. If developers find from this experience that after approval has been given it may later be rescinded, they are going to have second thoughts about doing business with Trophy Club and will go elsewhere with their business. They aren’t going to come in to the Town office two or three times just to double check to see if their previously approved projects are still on the approval list. In fact, I understand that as a result of this hassle over the Value Place Hotel sign, a potential new developer has recently cancelled his plans to build in Trophy Club. When the Planning and Zoning Commission and the Town Council consider any application for a new business or housing development, we consider what we think is good for all of the residents of the Town, not just a few. I strongly supported the Villa residents recently in their objections to a proposed hotel immediately adjacent to Villa homes. They had reason for concern. But, I can’t understand any justification for their concern about the hotel sign and certainly can’t support them at this time. The hotel has now modified the sign so that the colors are less bright and the messages don’t seem to change as often. I can see no reason that the hotel should be not allowed to continue using this sign.” Vice Chairman Stephens stated that he agrees with Chairman Reed and his assessment. He stated that he almost feels that a lot of this negativity has to do with the future development of the commercial property along Highway 114 from a certain segment of the Town. He has an appreciation of that, but the fact of the matter is that the Town has commercial property that allows certain businesses to build on that property and he would hate to see this impact negatively the development of what little commercial property the Town has. He is concerned about the undercurrent of all of this and he appreciates Quanah’s efforts that they have taken on their own to show good faith and lower the lumens and decrease the change factor in their lighting. He stated that there will be, before P&Z, future applications for hotels on that property and the groundwork should be laid for that, otherwise there will be a battle royal to do any future commercial development in the City of Trophy Club. Commissioner Ashby stated that he concurs with Commissioner Reed’s statements. The sign, as far as he is concerned, doesn’t bother him a bit. He would like to elaborate on a couple of issues made by Mr. Selander. He stated that Mr. Selander mentioned structural mounting of the sign and that Quanah incurred an added expense in order to put up a heavier sign. Mr. Ashby stated that he didn’t see any reconstruction go on to beef up the structure. A typical structure of any building will put in a base for mounting 236 any sign of any quality. He stated that the base was already there so the structural expense, to him, is not justified. He stated that this is his opinion on construction. He does not know specifically what Quanah did or didn’t do. Mr. Ashby also stated that the sign illumination is awesome. He asked if there is something that can be done to maintain the current illumination. David Johnston, Chief Operating Officer and Executive Vice President, Quanah Properties LP, stated that the changes they have made were directly in response to some concerns of the City in conversations they had. They want to be a good partner with the City. They have no intention of having this issue settled and then turning back up the sign. Mr. Johnston stated that they are here for the long term. This is not a hotel that they will have for a year or two only. They want to see further development in that area of Town and in Trophy Club. The sign illumination right now is how the sign is going to stay. He stated that at the current illumination it is easier to read. Part of the reason for having the sign up there is for people to be able to read it. It doesn’t make a lot of sense to turn up the illumination because it then becomes a non-readable sign. Commissioner Ashby asked if a specific illumination max could be established based on the design criteria of that sign. Mr. Johnston stated that they would be willing to talk about that as a possible agreement. Commissioner Ashby stated that he is trying to work toward a compromise for everybody. Mr. Johnston said that they would be willing to work that out with the City. Commissioner Forest stated that he has some real issues with this that are different than what has been brought up. He stated that his issues are with the City on this, in that the City okayed the permit on this in October and then in February the developer came to get permission to change the sign from a straight sign to an LED sign and that was approved. They did what they said they were going to do with the approval from the City. Mr. Forest stated that at this point it doesn’t make a whole lot of difference what the ordinance calls for or what’s happening out there or anything else, because now it comes down to what is right. He stated that what is right is what the City told them they could do. The developer has done that from what he can see. Mr. Forest stated that if the City has a problem it is not with the developer but with their own people. If someone stepped out of line and did something wrong, it is water under the bridge and shouldn’t be the developer’s problem. Mr. Forest stated that the City’s word should mean something and at this point it doesn’t look like it does and that is going to come back to haunt somebody. How will other developers wanting to come in here and the citizens of Trophy Club themselves know what to believe when they can’t believe what the City tells them? 237 Commissioner Sanchez asked if Quanah measured the intensity of the light that the sign is projecting. Mr. Johnston stated that a photometrics study of that particular light was not done, but, “oddly enough, the current illumination is not as bright as the illumination of the original sign approved by Town Council.” Chairman Hill stated that a photometrics study was done. Mr. Johnston concurred that a photometrics study of the whole property was done, but not of individual signs. Commissioner Sanchez explained that the reason he is asking the question is because the brightness of the sign seems to be the issue and measures already taken may accomplish what is appropriate. He stated that if it conforms to the City’s regulations and it can be proven not to hurt anybody, he doesn’t believe it will be an issue. Roger Unger, Quanah Properties LP, stated that he lives in Trophy Club and he sees the sign every night, and not too long after the hotel was up he would come into work the next morning and tell Mr. Johnston that the sign is too bright to read. He stated that they called the sign company twice and asked them to turn it down. He stated that at first it was ugly. It was a big orange outer space eyeball. He explained that the sign is controlled out of the Mid-Cities area, and when the command to turn down the brightness was typed into the computer it wasn’t communicating and the sign actually wasn’t turned down. Some of this goes back to when the sign was first turned on and it was not very acceptable. They had started making adjustments before this became an issue and have subsequently made additional adjustments. He stated that when the sign first went on it probably was objectionable but amendments have been made. Commissioner Sheridan stated that his first comments are to the Town, and that since this is a legal matter and we knew that it was going to be presented by an attorney, that in his standard working practice he does not talk to an attorney without having an attorney. He would like to know why the Town’s attorney wasn’t here. Commissioner Sheridan stated that he really does think that the permit was issued in error. It was wrong to have issued the permit. They had a proper sign. As far as the PD goes it was lit but the LED portion was not proper. The Town does not have a proper disclaimer on its permits that when it conflicts with a PD, a code, a regulation, a rule, that it becomes an invalid permit. Commissioner Sheridan stated that the Mayor mentioned that the LED came into the code with the school signs and that the Town didn’t envision the magnitude of the commercial use of the signs. Commissioner Sheridan agrees with that. He stated that LED didn’t exist until the school district came in and shoved it down our throat. He stated that’s his opinion. Commissioner Sheridan stated that the building, by itself, stands out. There is nothing around it so until the rest of the community is developed it will stand out whether you like it or not. He thinks it will blend in when the rest of the neighborhood gets developed and it will become less of an eyesore to certain people. He stated that as far as he is concerned Solana is an architectural eyesore. 238 Commissioner Sheridan stated that the Town Council should work with Quanah and accept the adjusted sign usage. As there were no further comments, Chairman Hill called for a motion. Commissioner Reed made a motion recommending approval of the signage to the Town Council. Vice Chairman Stephens seconded the motion. Commissioner Reed asked that the sign continue at all times to be operated at no more than 25% of its maximum capability. Mr. Johnston stated that he would like to have the opportunity to talk to his sign company and verify the percentage. He stated that right now, during the evening hours, it is at 25%. During the day it is turned up to about 50%. Further discussion continued between the Commissioners and Quanah. Commissioner Ashby stated that Quanah is running at a current level right now that is reduced by 70% of what it was. He suggested an amendment to Commissioner Reed’s motion in that the sign be maintained at its current illumination because there hasn’t been a whole lot of griping about it. He asked that Quanah provide written, certified documentation from their sign company of the levels and timeframes of the illuminations. Mr. Johnston stated that they would be glad to do that, with the understanding that during the day it is a little bit higher. Commissioner Ashby responded that the issue would be taken care of by providing written time durations. Discussion continued between the Commissioners until a consensus of the motion was reached. The motion is: Commissioner Reed made a motion recommending to the Town Council approval of the east elevation signage of Value Place Hotel with the sign continuing to operate at all times at no more than 25% of its maximum capacity. Vice Chairman Stephens seconded the motion. Commissioner Ashby asked to amend the motion in that Quanah must maintain the signage at the current levels of illumination and that Quanah is to provide an engineer certified written timeline of the current lumens levels and timeframes; these levels and timeframes to become part of the PD. Commissioner Reed and Vice Chairman Stephens accepted the amendment. Commissioner Reed made a motion recommending to the Town Council approval of the east elevation signage of Value Place Hotel with the sign continuing to operate at all times at no more than 25% of its maximum capacity. Vice Chairman Stephens seconded the motion. Commissioner Ashby asked to amend the motion: Quanah must maintain the signage at the current levels of illumination and provide an engineer certified written timeline of the current lumens levels and timeframes; these levels and 239 timeframes to become part of the PD. The motion (Commissioner Reed) and the second (Vice Chairman Stephens) accepted the amendment. Chairman Hill called for a vote on the motion and it passed unanimously 7-0. Ayes: Hill, Stephens, Reed, Ashby, Forest, Sanchez, Sheridan Nays: None Action: 7-0, Approved 240 241 242 243 244 EXCERPT FROM JANUARY 3, 2008 PLANNING AND ZONING COMMISSION MEETING E.1 PUBLIC HEARING TO REVIEW VALUE PLACE HOTEL EAST ELEVATION SIGNAGE. Commissioner Reed motioned to open the public hearing. The motion was seconded by Vice Chairman Stephens and approved by all members present. Mark Collins, 13 Jamie Ct., thanked the Commissioners for the opportunity to speak to them and stated that he is glad they are considering the signage that the Value Place Hotel has. He stated that he moved to Trophy Club about two and a half years ago. He hired a single person from Ohio, who asked him about buying a home in Trophy Club; he told her it is a real nice community. She ended up buying a house in Trophy Club last January and the other day when they were talking about some of the issues going on with the development plans for the area near Value Place she said that if she had driven up here and seen Value Place she would not have bought a house in this community. Mr. Collins stated that the signage they have now looks more like Las Vegas than what is on the website for the Town, which is a nice residential lake community. Mr. Collins stated that if there is anything that can be done about this, he appreciates the Commission’s effort in working in that direction. There were no others speakers and the Chairman called for a motion to close the public hearing. Commissioner Reed made a motion to close the Public Hearing. The motion was seconded by Vice Chairman Stephens and approved by all members present. The Chairman moved to Item F.1 for discussion and consideration of this matter. F.1 DISCUSS AND TAKE APPROPRIATE ACTION ON REVIEW OF VALUE PLACE HOTEL EAST ELEVATION SIGNAGE. Chairman Hill stated the following: “Before the Commission further considers the agenda item before us, I want to provide some basic points of information to guide our discussion: • Development of the Value Place Hotel took place under criteria set forth in Planned Development Ordinance 2006-39, approved by the Town Council October 2, 2006. • The property is currently in full compliance with PD 2006-39. • Copies of the sign criteria that were attached to the original PD Ordinance 2006- 39 were included in the P&Z packet for tonight’s meeting. • As the Public Hearing agenda item was specific to the Town Council’s request to review the east elevation signage of the Value Place Hotel, the Commission can 245 consider only this sign at this time. No other parts of PD 2006-39 are to be discussed in this meeting. The question is, ‘Should the sign be allowed under the present circumstances.’” Chairman Hill asked the Commissioners for discussion and comment. Commissioner Reed: “I don’t understand all the fuss about this. We have electronic signs for the Town. I don’t see anything wrong with an electronic sign for a business establishment. The two signs they have face Highway 114. The only people who see them are the people who go up and down the highway. That is exactly the people that the hotel is trying to get the word to that they have a place for people to stay on a long term basis. Value Place is a reputable firm. They have hotels like this all around the country. They serve a very special purpose for people here for conferences; to visit sick family members in the hospital; instead of going out and paying $100 a night for a hotel this is a perfect thing for people in that situation. Maybe some of you like to stay in a $100 hotel all the time, but some people can’t do that. I see nothing wrong with the sign whatsoever. I see nothing wrong with the hotel. If it were next to somebody’s house with a flashing sign that flashed in your bedroom, I could understand it, but nobody any place in town can see it unless they are out on the highway. I strongly recommend; I am in favor of leaving it just the way it is. They are in full compliance. All of these things were approved by the Town and I see no reason that we should change it now.” Vice Chairman Stephens: “Chairman Hill, I think it is a little late to be discussing this. They met our Town ordinances and they have a right to put signs up and seek business. I don’t have a problem with it. That’s commercial property. It is one of the 86 uses allowed on that property. They built it according to our Town codes. They signed it according to our Town ordinances. I don’t have a problem with it at this point, nor did I have a problem with it when they made application.” Commissioner Sheridan: “The sign in question does not meet the ordinance so the idea that it is in complete compliance with the ordinance I don’t think is quite there, because this sign in question was not part of the original approved signage for this PD. I’ve been trying to figure out if I would have approved it back then. I think I would have. I don’t like to think that [that I would have approved it] because I don’t like the sign, but at the same time I think that I probably would not have objected to it at the time. The fact is, though, that the sign is not in compliance with the PD. It is an improper sign.” Commissioner Forest: “I was under the impression that it was approved; that it is in compliance with the ordinance. In fact, I wondered why it was even brought up because if it is in compliance how are we going to turn it down or even object to it anyway. If they met the Town ordinance on it, to me it is not necessary to even bring it up. There isn’t anything we can do about it anyway. It is not up to us. It is a recommendation to start with to the Town Council, but if it is in compliance I can’t see that it makes any difference. If it isn’t in compliance then that is a different issue.” 246 Commissioner Sheridan: “That begs the question, is it or isn’t it in compliance with the ordinance.” Chairman Hill: “The sign was installed with a sign permit from the Town which was issued after February 26, 2007, and they installed the sign on the basis of having a permit from the Town which, in fact, said that it was in compliance. That is where we stand.” Chairman Hill asked for further discussion or a motion. Commissioner Reed made a motion recommending that the Town Council approve the signs as they exist now. Vice Chairman Stephens seconded the motion. Ayes: Hill, Stephens, Reed, Forest Nays: Sheridan Action: 4-1, Approved 247 248 249 250 251 252 253 254 255 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.1 Town Manager Emmons to provide an update on the traffic study in the area of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow of traffic, number of lanes and potential for a mandatory turn lane, and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from March 3, 2008 Minutes 2. Trophy Wood Survey 256 D.8 Discuss and take appropriate action directing staff to undertake a traffic study in the area of Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns, flow of traffic, number of lanes and potential for a mandatory turn lane. Town Manager Emmons said a simple traffic survey can be done in-house for less than $2,000. A long- term study/traffic count would need to be conducted by a traffic engineer, estimated at $5 to -$7,500.00. Randy Rutledge, 5 Jamie Court – Spoke in favor of study and recommended traffic calming rather than reduction in speed. Fred Zubar, 22 Hanna Court - Spoke in favor of study. Mayor Pro Tem Edstrom is confident in the staff’s ability to perform the study and is not in favor of spending the funds for and engineer. Edstrom suggested the Council direct the Town Manager delegate the appropriate staff conduct the traffic study and report back the first meeting in April. No action taken only direction. 257 MEMORANDUM To: Mayor, Council, and Town Manager Date: March 25, 2008 From: Chief Kniffen Re: Trophy Wood Survey At the request of Council, a traffic survey was conducted on Trophy Wood Drive. With the exception of the survey on March 17, all of the surveys were conducted in an unmarked vehicle by members of the Citizen’s Police Academy Alumni Association. Their assistance is greatly appreciated. Trophy Wood Drive is a four-lane divided arterial that connects the west-bound service road of State Hwy. 114 to Indian Creek and is located in the southeast area of town. It is one of four entrances to the town. It is approximately 1,895 feet long and is divided by a median strip. The overall width is 25 feet. It is intersected (from north to south) by Indian Creek Dr., Pin Oak Ct., Pebble Beach Drive, Inverness Drive, Hannah Court, Jamie Court, Plaza Dr., and Hwy. 114. There is a four-way stop at the intersection with Inverness, a three-way stop at the intersection with Indian Creek, and a stop sign at the south end of Trophy Wood Drive where it meets Hwy. 114. All other intersecting streets have stop signs except Jamie Court. The speed limit is 30 MPH and it is posted. The median is reduced in width at Plaza Dr. in order to facilitate a right turn from the southbound lane of Trophy Wood Drive onto Plaza Dr. The north end of this median is also narrowed for a turn lane but there is not currently a street onto which one may turn. I assume it is there in anticipation of a street or driveway into the property at this location. There are no other designated turn lanes at any of the intersections. At Hwy 114, the southbound lane retains its two lane configuration. At this intersection, Hwy. 114 is two lanes, westbound. The northern-most end of the street is entirely residential. The southern-most end, at Hwy. 114, is zoned commercial. Four residential driveways intersect Trophy Wood Drive. Homes at 99 Trophy Wood Drive and 101 Trophy Wood Drive are located on the west side of the street at and just south of Indian Creek Drive. There do not appear to be significant sight obstructions to these driveways. The driveways at 329 Inverness Dr. (located on the northwest corner of the intersection of Trophy Wood Drive and Inverness Dr.) and 334 Inverness Dr. (located on the southwest corner of the intersection of Trophy Wood Drive and Inverness Dr.) presented some sight obstructions for both drivers on Trophy Wood Drive and those exiting the driveways. There is a slight curve and a downward slope in the roadway, as well as some fencing and landscaping on residential property that appears to contribute to this sight obstruction. Drivers coming to a complete stop at the intersection of Trophy Wood Drive and Inverness Dr. should have slowed sufficiently and/or stopped to permit residents to exit the driveways safely. This, of course, assumes that these drivers heed the four-way stop. 258 The surveys were conducted at the following times: March 17, 2008 6:58 AM – 8:30 AM March 19, 2008 6:42 AM – 8:28 AM (two locations) March 20, 2008 6:35 AM – 8:25 AM (three locations) March 20, 2008 11:31 AM – 1:31 PM March 20, 2008 4:17 PM – 6:33 PM March 21, 2008 11:10 AM – 12:30 PM. The locations, times of day and days of the week were varied in order to provide a look at the traffic situation during morning, mid-day, and evening times at various sites along Trophy Wood. The results of the surveys are as follow: March 17 Begin – 6:58 AM End – 8:30 AM 283 vehicles Average of 3.08 vehicles per minute Top speed – 31 MPH Average speed – 26.24 MPH Conducted in the 100 block of Trophy Wood in marked unit March 19 Begin – 6:42 AM End – 7:30 AM 140 vehicles Average of 2.92 vehicles per minute Top speed – 35 MPH Average speed – 24.71 MPH Conducted on Trophy Wood at Jamie Ct. in unmarked unit March 19 Begin – 7:31 AM End – 8:28 AM 192 vehicles Average of 3.37 vehicles per minute Top speed – 38 MPH Average speed – 30.18 MPH Conducted on Trophy Wood @ 300’ North of Plaza in unmarked unit March 20 Begin – 6:35 AM End – 7:30 AM 147 vehicles Average of 2.67 vehicles per minute Top speed – 32 MPH Average speed – 25.25 MPH Conducted on Trophy Wood at Jamie Ct. in unmarked unit March 20 Begin – 7:30 AM End – 8:13 AM 158 vehicles Average of 3.67 vehicles per minute Top speed – 44 MPH Average speed – 30.91 MPH Conducted on Trophy Wood at Plaza in unmarked unit March 20 Begin – 8:13 AM End – 8:25 AM 47 vehicles Average of 3.92 vehicles per minute Top speed – 35 MPH Average speed – 29.68 MPH Conducted on Trophy Wood between Plaza and Jamie in unmarked unit 259 March 20 Begin – 11:31 AM End – 1:31 PM 527 vehicles Average of 4.39 vehicles per minute Top speed – 44 MPH Average speed – 29.15 MPH Conducted on Trophy Wood at Jamie in unmarked unit During this time frame, 236 vehicles (44.78%) were southbound on Trophy Wood March 20 Begin 4:17 PM End – 6:33 PM 848 vehicles Average of 6.24 vehicles per minute Top speed – 55 MPH Average speed – 28.91 MPH Conducted on Trophy Wood at Jamie in unmarked unit During this time frame, 285 vehicles (33.6%) were southbound on Trophy Wood March 21 Begin – 11:10 AM End – 12:30 PM 300 vehicles Average of 3.86 vehicles per minute Top speed – 38 MPH Average speed – 29.26 MPH Conducted on Trophy Wood @ 300’ North of Plaza in unmarked unit During this time frame, 231 vehicles (74.76%) were southbound on Trophy Wood The officer who conducted the survey in the marked unit advised that a significant number of the drivers observed, possibly as high as 20%, would have “rolled” the stop sign if he had not been in a marked unit. Additional data on stop sign violations was very limited. From reviewing the data and driving the roadway, my first impression is that dedicated turn lanes might be in order at the intersection of Trophy Wood Drive and Inverness Drive. This would alleviate any congestion caused by vehicles attempting to turn onto Inverness off of Trophy Wood. It would also require reconfiguring the medians at this intersection. I feel that narrowing Trophy Wood from two lanes to one north of Hwy. 114 would be appropriate and would increase safety at that intersection since all drivers would be required to merge into and turn from the single lane onto Hwy. 114. An acceleration lane on Hwy. 114 for traffic turning right off of Trophy Wood would be nice but I doubt that TXDoT would fund one. Although there were examples of excessive speed observed during the survey, the overall average speed was at or less than the posted speed limit. However, the traffic calming lanes on Indian Creek and Trophy Club Drive seem to be effective. They might be appropriate here as well. They would increase officer safety by giving the officers a place to stop, run stationary RADAR, and conduct traffic stops. 260 The sight obstructions at Trophy Wood Drive and Inverness could be impacted by alterations on residential properties. The data sheets are available if Council desires to have a traffic engineer evaluate the data further. 261 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.2 Discuss and take appropriate action regarding the creation of a Water/Wastewater study team and the following: A. Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial impacts and issues. B. Consider awarding the engineering, operational analysis, and legal analysis portions of the Water Study project to Freese and Nichols and authorize staff to begin contract negotiations. EXPLANATION: Staff solicited Request for Qualifications (RFQ) as well as proposed Work Plans from several engineering and financial firms regarding a water/wastewater study. After a thorough review, including consultation with the MUD Manager, staff recommends contracting with Citybase.Net, Lewis F. McLain Jr., to complete the water/wastewater study financial analysis portion of this study Mr. McLain is well attuned to the practical aspects of financial analyses for water utilities. He has extensive experience in municipal finance, and has been involved in numerous water utility studies throughout the State of Texas. In addition to his consulting business, Mr. McLain served as the Executive Director of Government Finance Officers Association of Texas (GFOAT). He was the recipient of the first GFOAT Ethics Award in 2003 and given the honor of having the award being named, “The Lewis F. McLain, Jr. Ethics in Leadership Award.” Mr. McLain is regarded as one of the premier financial minds in Texas. Additionally, staff recommends awarding the professional engineering services, operational, and legal analysis potions to Freese and Nichols based on their expertise in water utilities and engineering. This will enable staff to begin contract negotiations a later date. Freese and Nichols have agreed to work with Mr. McLain to incorporate his financial analysis with their evaluation. RECOMMENDATION: 262 Staff recommends approval of the contract with CityBase.Net, Inc in the amount of $15,000 for services provided in relation to the Trophy Club Utility Study. Staff also recommends awarding the remaining portions of the project to Freese and Nichols, and authorization to begin contract negotiations. ACTION BY COUNCIL: Attachments: 1. Professional Services Contract with CityBase.Net, Inc. Lewis F. McLain, 2. Transmittal Letter “Dannenbaum” 3. Transmittal Letter “Freese and Nichols, Inc” 4. Transmittal Letter “HALFF” 263 STATE OF TEXAS )( COUNTY OF DENTON )( PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, by and between the TOWN OF TROPHY CLUB, a municipal corporation located in Denton County, Texas, hereinafter called “Town”, and CityBase.Net, Inc. Lewis F. McLain, Jr., President, a Texas Corporation, hereinafter called “Consultant”, evidences the following: WHEREAS, Town desires the professional services for the evaluation of financial impacts and issues to consider regarding Town acquiring Trophy Club MUD No. 1, Trophy Club MUD No. 2 and Trophy Club Master MUD. • CONSULTANT will provide an analysis of all financial statements, particularly the balance sheets in order to compute the book value and components of all assets and liabilities. • CONSULTANT will review all bond documents and consult the appropriate Financial Advisors and Bond Attorneys regarding the conditions that must be met in the case of a consolidation of the MUD entities into the Town’s financial statements. • CONSULTANT will review all current tax and utility rate structures and revenue production from the existing revenue base of the MUD entities and the Town. • CONSULTANT will review the financial status of all capital projects in progress, any planned capital projects in the next three years, if known, and any debt financing authorized and unissued and planned at this time. • CONSULTANT will work with Town staff to determine the amount of potential growth expected in the next 3-5 years based on known annexations, plats and inventory of near-term building permits. • Based on the information obtained, CONSULTANT will provide a financial plan that covers the planning period FY 2008 – 2012 to show the combined and individual MUD entities, with up to three alternatives for a phased-in plan. WHEREAS, Consultant represents that he is qualified and capable of performing the professional services proposed herein and is willing to enter into this Contract with Town to perform said services; 264 NOW THEREFORE, the parties in consideration of the terms and conditions contained herein agree as follows: 1. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the Town by the Town Manager (hereinafter called “Project Director”). It is expected for this contract to be sufficient to meet all of the initial crucial information needs of the Town. It is also expected that any additional work beyond the scope outlined in this contract would be extended only upon a separate submittal and approval. 2. PAYMENT FOR SERVICES The estimated time involved is expected to vary over the months of April and May 2008. The cost of this major analysis and deliverable product is as follows: Evaluation of Financial Factors and Preparation of Plan: $15,000 The billing for this project shall be $7,500 due upon approval of this contract and $7,500 upon completion of the project, expected to be no later than May 31, 2008. There will be no expenses billed to this project. 3. OWNERSHIP OF DOCUMENTS All information and other data given to, prepared, or assembled by Consultant under this Contract, and other related items shall become the sole property of Town, without restriction on future use. Consultant may make copies of any and all documents and items for their files. Consultant shall have no liability for changes made to or use of the documents generated during the term of this Contract by anyone subsequent to the completion of the Contract. 4. TERM OF CONTRACT It is expected that the services furnished by the Consultant under this Contract shall commence no later than April 1, 2008 and end no later than May 31, 2008 for a total of approximately two months. 5. TERMINATION OF CONTRACT Town may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon written notice to the Consultant with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. All data related to the Contract shall become the property of the Town upon termination of the contract. 266 6. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by the Town Manager, except for termination under Section 5, Termination of Contract, which may be accomplished by the Town Manager or his designated representative as identified in Section 5, Termination Of Contract. 7. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. The Consultant shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the Town of Trophy Club, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies existing and published before the date of this Contract. 8. RIGHT OF REVIEW Consultant agrees that Town may review any and all of the work performed by Consultant under this Contract. Town is hereby granted the right to audit at Town’s election, all of the Consultant’s records and billings related to the performance of this Contract. 9. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the Town or be financially interested, directly, in the sale to the Town of any land, materials, supplies, or services, except on behalf of the Town as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the Town. Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the Town shall render the Contract involved voidable by the Town Manager. 10. INDEMNITY Consultant agrees to defend, indemnify, and hold Town whole and harmless against claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of Consultant. This provision shall not be deemed to apply liability for damage that is caused by or results from the negligence of the Town of Trophy Club or its employees. It also shall not apply for any challenges brought forth by the MUD entities should any disagreement with the Town and the MUD entities result in representation of the CONSULTANT on behalf of the Town to an arbitrator, regulatory body, federal court, county court or state court. 267 11. GOVERNING LAWS This Contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas and if legal action is necessary, it shall take place in Denton County, Texas. 12. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof; and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 13. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 14. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and, except as otherwise provided in this Contract, their assigns. 15. ENTIRE AGREEMENT This Contract (pages 1 thru 4) embodies the complete agreement of the parties hereto and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the day of , 20 . CONSULTANT TOWN OF TROPHY CLUB ________________________________ ________________________________ Lewis F. McLain, Jr. Town Manager President, CityBase.Net, Inc. 4906 Morning Glory Way McKinney, TX 75070-5273 APPROVED AS TO FORM: 268 ________________________________ Town Attorney ATTEST _________________________ ATTEST _______________________ 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.3 Discuss and take appropriate action awarding the contract for the Timber Ridge Drive paving and drainage improvements project, and authorizing the Mayor or his designee to execute necessary contract documents. Attachments: 1. Bid Tab 347 348 349 350 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.4 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2008 including the Arbor Day Event festivities. EXPLANATION: Arbor Day will be observed this year on April 26, 2008. A proclamation must be enacted by Council as it is a requirement for remaining a Tree City. The proclamation will be read aloud on the day of the event also. RECOMMENDATION: ACTION BY COUNCIL: (aa) Attachments: 1.Proclamation 351 TOWN OF TROPHY CLUB PROCLAMATION NO. 2008- ARBOR DAY A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE APRIL 26TH, 2008 AS ARBOR DAY; RECOGNIZING THAT 2008 IS THE 136th ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND PROVIDING AN EFFECTIVE DATE. Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2008 is the 136th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. In the Town of Trophy Club, and the Mayor and Council urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Section 2. The Mayor and Council urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas 352 ATTEST: [SEAL] __________________________________________ Town Secretary Town of Trophy Club, Texas 353 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No. E.5 Discuss and take appropriate action regarding the interlocal agreement with Denton County for the collection of PID assessments. EXPLANATION: Included as backup is an interlocal agreement for the collection of the PID assessments prepared by Denton County. According to Steve Mossman, Denton County Tax Assessor/Collector, the exact collection rates have not been established at this time. However, the rate last year was $.73 per parcel and this year the rate may increase but it will not exceed $.80 per parcel. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Interlocal Agreement 354 INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION THIS AGREEMENT is made and entered into this _____________________ day of ____________________ 2008, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and THE TOWN OF TROPHY CLUB, TEXAS, , Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "TOWN." WHEREAS, COUNTY and TOWN mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24; and WHEREAS, TOWN has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for TOWN and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and TOWN, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: I. The effective date of this Agreement shall be the 1st day of October, 2008. The term of this Agreement shall be for a period of one year, from October 1, 2008, to and through September 30, 2009. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and TOWN, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the initial term of the Agreement. II. 355 For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for TOWN to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall serve as tax assessor-collector for TOWN for assessment collection for tax year 2008, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary assessment collecting duties for TOWN and TOWN does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for TOWN. COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees. 2. COUNTY agrees to prepare and mail all tax statements; provide monthly collection reports to TOWN; prepare tax certificates; develop and maintain both current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to TOWN, and to promptly furnish written reports to keep TOWN informed of all financial information affecting it. 4. TOWN agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the collection of assessments, and to cooperate in 356 furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 5. COUNTY agrees to allow an audit of the assessment collection records of TOWN in COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by TOWN. A copy of any and all such audits shall be furnished to COUNTY. 6. If required by TOWN, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to TOWN and in an amount determined by the governing body of TOWN. The premium for any such bond shall be borne solely by TOWN. 7. COUNTY agrees that it will place quarter-page advertisements in newspapers serving Denton County in January, 2009, as a reminder that delinquent penalties will apply to all assessments which are not paid by January 31, 2009. The advertisements will be printed two times in each paper between January 5th and January 25th. 8. COUNTY agrees that it will post to a secure website collection reports for TOWN listing current assessments, delinquent assessments, and penalties and interest on a daily basis between October 1, 2008 and March 31, 2008 and on a weekly basis between April 1, 2008 and September 30, 2008; provide monthly Maintenance and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 357 9. TOWN retains its right to select its own delinquent assessment collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by TOWN in the collection of delinquent taxes and related activities. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with TOWN. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and TOWN. IV. It is understood and agreed between COUNTY and TOWN that the TOWN, in performing its obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed between COUNTY and TOWN that the COUNTY, in performing its obligations hereunder, is acting independently, and the TOWN assumes no responsibilities in connection therewith to third parties. Nothing in this AGREEMENT is intended to benefit any third party beneficiary. TOWN agrees that it will protect, defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and against all claims, demands, 358 causes of action, damages, judgments, losses and expenses, including attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the foregoing, any negligent act or omission of the TOWN or any employee, officer, agent, subcontractor, servant, invitee, or assignee of the TOWN in the execution or performance of this AGREEMENT. This provision shall survive the termination of this AGREEMENT. V. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to assessment service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. VI. TOWN accepts responsibility for the acts, negligence, and/or omissions of all TOWN employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with TOWN to the extent allowed by law. VII. TOWN understands and agrees that TOWN, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that 359 COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of TOWN. VIII. For the services rendered during the 2008-2009 tax year, TOWN agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed on or about October 20th or as soon thereafter as practical. The fee for this service will be a rate not to exceed Eighty Cents ($.80) per statement, but a minimum fee per year for the October mailing will be $500.00. If TOWN does not provide the assessment roll on or before September 29, 2008 COUNTY will charge a $5,000.00 late processing fee, plus the per statement fee not to exceed Eighty Cents ($.80) each. The assessment roll is to be in the form of a flat ASCII file and delivered to both the Tax Assessor/Collector and to the Tax Assessor/Collector’s software provider, delivery may be by CD, or FTP. 2. All assessments become due on receipt of the tax statement each year. 3. All unpaid assessments become delinquent on February 1st of the year following the tax year. Penalty and interest fees accrue at the same rate and time schedule as the same year’s ad valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)) 4. Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48) 360 5. An additional notice will be sent during the month of March following the initial mailing provided that TOWN has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed Eighty Cents ($.80) per statement. 6. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed. The fee for this service will be a rate not to exceed Eighty Cents ($.80) per delinquent statement. 7. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed. The fee for this service will be a rate not to exceed Eighty Cents ($.80) per delinquent statement. 8. In event of a successful challenge to the assessments taking place after tax bills for TOWN have been mailed, TOWN agrees to pay COUNTY a programming charge of $5,000.00. Additionally, a processing fee for preparing and mailing will be a rate not to exceed Eighty Cents ($.80) per corrected statement, to comply with Property Tax Code Section 26.07 (f), will be charged. When a refund is required per Property Tax Code Section 26.07 (g), a $.25 processing fee per check will be charged, in addition to the corrected statement mailing costs. If issuance of refunds is required, it will be the responsibility of the COUNTY. TOWN will be billed for the refunds, first-class postage and the processing fees. 361 9. TOWN understands and agrees that COUNTY will bill TOWN following each mailing for which charges are permitted. Payment is due upon receipt of the statement. 10. TOWN further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to TOWN for any renewal year of this Agreement, provided that COUNTY gives written notice to TOWN sixty (60) days prior to the expiration date of the initial term of the Agreement. IX. COUNTY agrees to remit all taxes, penalties, and interest collected on TOWN's behalf and to deposit such funds into the TOWN’s depositories, as designated: 1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or by check sent by mail to TOWN's accounts only, and segregated into the appropriate MO and IS accounts. 2. If TOWN uses the same depository as COUNTY, the deposits of assessments, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that from October 1, 2008 through March 31, 2009, deposits will be made daily and from April 1, 2009, through September 30, 2009, deposits will be made weekly. For end of month reporting, there will be a deposit made at the end of each month. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. X. 362 In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. XI. This Agreement represents the entire agreement between TOWN and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both TOWN and COUNTY or those authorized to sign on behalf of those governing bodies. XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 TOWN: TOWN OF TROPHY CLUB, TEXAS 100 Trophy Club Drive The Trophy Club, Texas 76262 Telephone: 682-831-4600 Contact: Lisa Ramsey XIII. TOWN hereby designates _____________________ to act on behalf of TOWN, and to serve as Liaison for TOWN to ensure the performance of all duties and 363 obligations of TOWN as stated in this Agreement. TOWN’s designee shall devote sufficient time and attention to the execution of said duties on behalf of TOWN in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the TOWN employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of TOWN and COUNTY. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originals this, ______________day of __________________ 2008. COUNTY TOWN BY:___________________________ BY:__________________________ Honorable Mary Horn Nick Sanders Denton County Texas 110 West Hickory Denton, Texas 76201 Town of Trophy Club, Texas100 Trophy Club Drive The Trophy Club, Texas 76262 364 Denton County Judge Mayor, Town of Trophy Club ATTEST: ATTEST: BY:____________________________ BY:__________________________ Cynthia Mitchell Lisa Ramsey Denton County Clerk Town Secretary APPROVED FORM AND CONTENT: APPROVED AS TO FORM: _______________________________ ______________________________ Steve Mossman Kim Gilles Denton County Denton County Tax Assessor/Collector Assistant District Attorney APPROVED AS TO FORM: _______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 365 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitations." EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Article IV entitled "Peddlers and Solicitations." 366 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. 367 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; 368 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 369 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. 370 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 371 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 372 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 373 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. 374 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 375 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; 376 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 377 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) 378 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.7 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: List: Items for Future Agendas 1. Review of the Property Maintenance Ordinance. Council member Cates 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Mayor Sanders - Council member Cates 3. Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it relates to section 3.21 of the Town Charter. (4/17/08) 4. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by Citizens. Council member Moss 5. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to speed limit reduction. Council member Moss 6. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. 7. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 8. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 9. Annual update and presentation by the Park Board. (August 4, 2008) 10. Discuss and take appropriate action regarding an Agreement for Professional Services between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off. 379 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.E.8 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Manager's Report. (b) Town Council report from EDC 4A Liaison, Council member Moss. (c) Town Council report from Parks and Recreation Department. Attachments: 1. None 380 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.F.1 Council to convene into executive session pursuant to Texas Government Code, annotated, subchapter 551, sections 551.074(a) "Personnel Matters" and 551.071 (1) & (2) "Consultation with Attorney", respectively, the Council will enter into executive session to discuss the following: A. Lisa Ramsey, Town Secretary Annual Evaluation, including terms of engagement and employment contract with the Town (Section 551.074(a)) 381 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.F.2 Discuss and take appropriate action relative to Executive Session Item Number F1. - Annual Evaluation of Town Secretary, Lisa Ramsey, and Employment Contract EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Draft Employment Contract 382 OFFICIAL RECORD TOWN OF TROPHY CLUB Employment Agreement Town Secretary THIS AGREEMENT, made and entered into this the 7th day of April, 2008, by and between the Town of Trophy Club, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule town, herein after called "Town" and Lisa Ramsey, hereinafter called "Town Secretary," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, the Town desires to employ Lisa Ramsey as Town Secretary of the Town of Trophy Club, as provided by the Town of Trophy Club Charter; and, WHEREAS, it is the desire of the Trophy Club Town Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said Town Secretary; and, WHEREAS, Lisa Ramsey desires to accept continued employment as Town Secretary of said Town on the terms outlined herein; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, the parties hereto agree as follows: Section 1. Employment and Duties Trophy Club hereby agrees to the employment of Lisa Ramsey as Town Secretary of Trophy Club and Lisa Ramsey, hereinafter referred to as "Town Secretary", agrees to perform the functions and duties specified in the Trophy Club Town Charter, and to perform such other duties and functions as the Town Council shall from time to time assign. Section 2. Term A. Subject to the provisions of Section 3 hereof, it is intended by the parties hereto that, unless same be sooner modified or terminated as herein authorized, the term of this Agreement shall be from May 1, 2008, through May 1, 2010. The Town Secretary shall serve at the pleasure of the Town Council and nothing herein shall be taken to imply or suggest a guaranteed tenure. Upon Council approval this Agreement shall become effective on May 1, 2008 and shall terminate on May 1, 2010 unless terminated earlier as otherwise provided herein. Such termination date shall automatically be extended for a period of one (1) year unless 383 the Town Council takes formal action to cancel the extension before December 15, 2008 and before December 15th each year thereafter. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Town Council to terminate the services of Town Secretary at any time, subject only to the provisions set forth in Section 3, paragraphs A, B, and D of this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Town Secretary to resign at any time from her position with Trophy Club, subject only to the provisions set forth in Section 3, paragraph D, of this Agreement. D. Town Secretary agrees to remain in the exclusive employ of Trophy Club as its Town Secretary until May 1, 2010, and for any further periods for which this contract may be extended, and neither to, accept, nor to become employed by any other employer until said termination date, unless this Agreement is earlier terminated as hereinafter provided. Section 3. Termination and Severance Pay A. In the event Town Secretary is terminated by the Town Council after the effective date of this Agreement and before expiration of the aforesaid term of employment for a reason other than as provided in Section 3.E. hereof, and during such time Town Secretary is willing and able to perform her duties of Town Secretary, then, in that event, Trophy Club agrees to pay Town Secretary a lump sum payment in an amount equal to six (6) months salary at the current salary of Town Secretary, all accrued and unused vacation, sick and personal time and to extend Town Secretary's health and life insurance for up to six (6) months. Payment for Secretary’s health and live insurance will terminate at the end of the six (6) month period or when Secretary secures similar coverage from another source. B. In the event Town Secretary is terminated "for cause," Trophy Club shall have no obligation to pay the cash severance payment or insurance benefits designated in subparagraph A. The term "for cause" shall mean: 1. Any willful breach, disregard or habitual neglect of duties requested of Town Secretary by the Trophy Club Town Council formally communicated to Town Secretary or required to be performed by Town Secretary hereunder or under the Charter and ordinances of the Town of Trophy Club and the laws of the United States and the State of Texas; 2. Any misconduct of Town Secretary involving an act of moral turpitude or of illegality; or 384 3. Any misapplication or misuse by Town Secretary of Town funds entrusted to or administered by Town Secretary. C. In the event Trophy Club, at any time after the effective date of this Contract and during the term hereof, reduces the salary or other financial benefits of Town Secretary in a greater percentage than an applicable across-the-board reduction for all town employees, or in the event Trophy Club refuses, subsequent to such date and following written notice, to comply with any provision hereof benefiting Town Secretary herein, then, in that event, Town Secretary may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply with terms hereof by Trophy Club and shall be entitled to the cash severance payment and insurance benefit extension provided for in subparagraph A above. D. In the event Town Secretary voluntarily resigns her position with the Town of Trophy Club before expiration of the aforesaid term of employment, then Town Secretary shall give the Town of Trophy Club one (1) month notice in advance, unless both parties agree otherwise. E. During the term of this Agreement, in the event Section 4.07 of the Town Charter is amended to provide that the Trophy Club Town Secretary shall be appointed by the Town Manager, this Contract shall terminate at midnight on the 30th day following the date of the election at which the amendment is voted upon. At that time, the Town Secretary shall become an at-will employee of the Town. The 30-day period is intended to provide sufficient time for the Town to place the Town Secretary's position in the correct salary structure level within the Town's salary plan and any other adjustments necessitated by the amendment of the Town Charter. If this Contract is terminated pursuant to this subsection E., and Town Secretary remains employed with the Town, she shall retain her seniority, accrued leave balances, and all other at-will employee benefits. Section 4. Salary Trophy Club agrees to budget and pay the Town Secretary for her services rendered pursuant hereto an annual base salary of $_______, payable in installments at the same time as other employees of Trophy Club are paid. Such annual salary may be modified from time to tome by notice to Town Secretary, in writing, referencing this Agreement and signed by the Mayor or Mayor Pro Tem of the Town holding office at the time, as approved by the Town Council. For the purpose of annual budgeting, Town Secretary shall be evaluated for performance and salary/merit increases on an annual basis, payable in installments at the same time as other employees of Trophy Club are evaluated and paid. Town Council may conduct such other performance reviews at interval determined appropriate by the Town Council without having such reviews tied to the Town Secretary’s compensation. 385 Section 5. Hours of Work Town Secretary is an exempt employee expected to engage in those hours of work which are necessary to fulfill the obligations of the Town Secretary's position and therefore does not have set hours of work and is available at all times. Town Secretary acknowledges that the proper performance of duties as Town Secretary of the Town will often require the performance of necessary services for extended periods. Town Secretary agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided for includes compensation for the performance of all such services; however, it is the desire of Trophy Club that reasonable compensatory time off be permitted by the Town Secretary, such as is customary for all other exempt employees, so long as such compensatory time off does not interfere with the normal conduct of the Office of the Town Secretary. Section 6. Automobile, Mobile Phone, and Other Expenses A. Town Secretary shall be reimbursed mileage for any use of her personal vehicle while on Town business. Mileage reimbursement shall be at the same rate paid other employees of the Town of Trophy Club. B. A mobile phone will be provided for Town Secretary's unlimited use in the Performance of her duties hereunder. C. Trophy Club agrees to pay all reasonable business expenses incurred by the Town Secretary on Town business and for expenses incurred in obtaining professional certification and recertification. Section 7. Dues and Subscriptions Trophy Club agrees to budget and to pay the dues of Town Secretary for memberships in professional and civic organizations and subscriptions of Town Secretary necessary for her continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for continued professional participation, growth and advancement, for the good of Trophy Club. Notwithstanding the foregoing, the Town Council during the budgeting process shall have the discretion to determine which dues and memberships best serve the good of Trophy Club and to approve such dues and memberships based upon funds available for such purposes. Section 8. Professional Development 386 Trophy Club hereby agrees to budget and to pay the reasonable travel and subsistence expenses of Town Secretary for professional development and official travel in sums adequate to continue the professional development of Town Secretary and to adequately continue her professional development, including but not limited to, attendance at the Texas Municipal Clerks Association, the Texas Municipal League and such other national, regional, state and local governmental groups and committees approved by the Town Council. Notwithstanding the foregoing, the Town Council during the budgeting process shall have the discretion to determine which professional development programs best serve the good of Trophy Club and to approve such dues and memberships based upon funds available for such purposes. Section 9. Sick Leave Town Secretary shall be entitled to sick leave on the same basis as heretofore accrued and credited, and on the same basis as for all other at-will, general employees of the Town of Trophy Club. Section 10. Vacation Town Secretary shall be entitled to vacation leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the Town of Trophy Club. Section 11. Health and Medical Insurance Trophy Club agrees to provide dental, medical, vision and Life and AD&D insurance for Town Secretary and to pay the premium thereon, such benefits to be equal to that which is provided for all other Town employees. Section 12. Retirement Trophy Club agrees to provide Town Secretary, to the full extent of her eligibility for same, retirement benefits under the Texas Municipal Retirement System, same being the normal Town retirement system presently in force for all Town employees. Section 13. Outside Employment Town Secretary acknowledges, for and during the term of this Agreement, that Town Secretary shall devote her full time and effort to performance of the duties required hereunder and shall not undertake, nor accept, any outside or other employment without the prior consent of the Trophy Club Town Council. 387 Section 14. Investments It is further understood and agreed that because of the duties of Town Secretary within and on behalf of the Town of Trophy Club and its citizenry, Town Secretary shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the Town of Trophy Club without the prior consent of the Trophy Club Town Council. For and during the term of this Agreement, Town Secretary further agrees, except as to Town Secretary's personal residence or residential property acquired or held for future use as Town Secretary's personal residence, not to invest, without the prior approval of the Trophy Club Town Council, in any other real estate or real property improvements within the corporate limits of the Town of Trophy Club, Texas. Section 15. Indemnification A. Trophy Club shall indemnify Town Secretary against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by her in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which she is made a party or with which she is threatened, by reason of being or because of any act as Town Secretary within the course and scope of her duties and employment hereunder if she acted in good faith and in a manner in which she reasonably believed to be in or not opposed to the best interest of Trophy Club, and with respect to any criminal action or proceeding, had no reasonable cause to believe her conduct was unlawful. B. Notwithstanding the foregoing, Town Secretary shall not be entitled to indemnification regarding (i) any matter in which she shall be adjudged to be liable for negligence or misconduct in the performance of her duties, or (ii) any matter in which she fails to notify Trophy Club of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by her failure to give notice or to cooperate. Section 16. Bonding Trophy Club shall bear the full cost of any fidelity or other bonds required of Town Secretary under any law or ordinance. Section 17. Other Terms and Conditions of Employment A. The Town Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Town Secretary, 388 provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Town Charter, or any other law. B. All provisions of the Town Charter, Code, and regulations and rules of Trophy Club relating to vacation, sick leave, retirement, pension system contributions, holidays, other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Town Secretary as they would to other employees of Trophy Club in addition to the other benefits enumerated specifically for the benefit of Town Secretary as herein provided. Section 18. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement, subject to the provisions of Section 2 hereof, shall become effective commencing May 1, 2008, and extend through May 1, 2010, and for any and such other extensions as may be provided under the provisions of Section 2 hereof. C. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. The Town Council shall conduct an annual review of the Town Secretary's performance on or before May 1st of each year. The annual review is a process by which actual performance is compared against written standards established and agreed to in terms of key duties, goals, and performance dimensions for the proceeding year. A written evaluation may be prepared by each Council member with the results compiled into a single form by the Mayor. The Mayor and Town Council shall meet with the Town Secretary in Executive Session to discuss the evaluation and review Town Secretary's salary. IN WITNESS WHEREOF, the Town of Trophy Club has caused this Agreement to be signed and executed on its behalf by its Mayor, duly attested by its Town Secretary, and the Town Secretary has signed and executed this Agreement, both in duplicate, and day and year first above written. __________________________ ___________________________ Town Secretary, Lisa Ramsey Mayor, Nick Sanders Town of Trophy Club, Texas Town of Trophy Club, Texas _________________ ________________ DATE DATE 389 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-7-2008 Subject: Agenda Item No.G.1 Adjourn.