Agenda Packet TC 03/17/2008
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Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 17, 2008
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.
A.5 Discuss and take appropriate action regarding a Proclamation recognizing April
as Friends of the Family, Sexual Assault Awareness month.
A.6 Presentation by Wellspring Insurance Company, Rodney Dryden regarding
Health Savings Accounts (HSAs) and discussion of same.
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.
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.
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B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
February 18, 2008.
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)
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)
D.2 Discuss and take appropriate action regarding the acceptance of the fiscal year
audit ending September 30, 2007.
D.3 Review and discuss Comprehensive Land Use Plan Revision Proposals from
Town Consultants.
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.
D.5 Discuss and take appropriate action authorizing staff to purchase two inspection
trucks.
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.
D.7 Items for Future Agenda.
D.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 4B Liaison, Council member Sterling.
(d) Town Council report from Parks and Recreation Department.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.A.5
Discuss and take appropriate action regarding a Proclamation recognizing
April as Friends of the Family, Sexual Assault Awareness month.
EXPLANATION:
Tiffany Coleman, Directive of Community Services will be present.
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. March 2008 – Letter from Friends of the Family
2. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2008 –
Proclaiming April 2008 as Sexual Assault Awareness Month
WHEREAS, sexual assault affects every adult, teen, and child in the Town of
Trophy Club either as a victim/survivor of sexual assault or as a family member,
significant other, friend, neighbor or co-worker; and,
WHEREAS, few survivors of sexual violence seek help immediately after
victimization due to shame or fear of not being believed. In order to end sexual assault,
we must alleviate these fears. We must begin by believing; and,
WHEREAS, many citizens of Denton County are working to provide quality
services and assistance to sexual assault survivors; and hundreds of volunteers help
staff 24-hour hotlines, respond to emergency calls and offer support and advocacy
during medical care and criminal justice proceedings, and offer safe shelter; and
WHEREAS, Friends of the Family staff and volunteers promote sexual assault
awareness and avoidance by offering educational programs to schools, churches, and
civic organizations, as well as professional training to medical, mental health, law
enforcement, and criminal justice personnel regarding sexual assault issues; and
WHEREAS, Denton County Friends of the Family, other sexual assault
programs, and other professionals and advocates of non-violence have joined together
as the Texas Association Against Sexual Assault (TAASA) to support each other in our
work and to provide the Town of Trophy Club and the State of Texas and our citizens
with a central source of information on sexual assault; and
WHEREAS, during the month of April Friends of the Family will be intensifying
efforts to promote public understanding of sexual assault and victims of sexual assault
and Friends of the Family will be emphasizing the need for citizen involvement in efforts
to reduce sexual assault through public education and changing public attitudes; and
WHEREAS, Friends of the Family will be working also to publicize their services,
increase community support for their agency and increase awareness of the healing
potential for survivors.
NOW, THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy club, Texas, do
hereby proclaim the month of April, 2008 as: “SEXUAL ASSAULT AWARENESS MONTH,” In
the Town of Trophy Club.
Passed and approved by the Town Council of the Town of Trophy Club, Texas,
this the 17th day of March 2008.
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______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
______________________________
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.A.6
Presentation by Wellspring Insurance Company, Rodney Dryden regarding
Health Savings Accounts (HSAs) and discussion of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. Insert from January 21, 2008 Minutes
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D.13 Discuss and provide input 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",
Mayor Pro Tem Edstrom introduced the item for discussion and input only. Since other cities have
approved Ordinances regarding this issue she asked for the Police Chief and Public Safety Advisory
Group to review and make a recommendation to the Town Council.
Speakers:
Rick Gilliand, 211 Phoenix, suggested the Police Department first start enforcing the speed limit in these
areas.
Bob Radder, 1 Lee Court, informed the Council that the entire Nation’s Capital is hands free and feels the
Town can enforce hands free in school zones.
Council member Cates questioned the enforceability. Police Chief Kniffen responded the department
would have a video proving they were on a phone at the time pulled over. If Council desired to approve
an Ordinance, Kniffen would prefer to wait until after spring break in order to ensure proper publication
and resident notification. Council member Moss is in favor of an enhancement Ordinance which would
cover the issue adequately. Council member Sterling salutes this as a noble cause to promote safety in
school zones, and feels it will not promote the safety we anticipate. Sterling suggested the Town look at
the speed enforcement
Council asked that the Public Safety Advisory Group review and come back to the Council with their
recommendation on necessity.
Input only, no action taken.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Agreement
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JOINT ELECTION AGREEMENT
(Authorized by the Texas Election Code Chapter 271)
I. JURISDICTION
The Town of Trophy Club plans to hold a Town Council Election on May 10, 2008, in Denton and Tarrant
County voting precinct for the purpose of electing three (3) Council Members for two (2) year terms each
to the Town of Trophy Club Town Council, for electing two (2) Directors for four (4) year terms each to the
Trophy Club Municipal Utility District No. 1, and for electing three (3) Directors for four (4) year terms each
to the Trophy Club Municipal Utility District No. 2.
The Northwest Independent School District Board of Trustees plans to hold a Board of Trustees Election
on May 10, 2008, in Denton and Tarrant County voting precincts for the purpose of electing school
trustees to Places 5, 6, & 7 and authorized to issue the bonds of the District, in one or more series, in the
aggregate principal amount of $260,000,000 for the purpose of the construction, acquisition and
equipment of school buildings in the District and the purchase of the necessary sites for school buildings.
II. ADMINISTRATION
The Town of Trophy Club’s Elections Administrator agrees to coordinate, supervise and handle all
aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code
and as outlined in this agreement. The Northwest Independent School District agrees to pay the Town of
Trophy Club for equipment, supplies, services and administrative costs as outlined in this agreement.
The Town of Trophy Club’s Elections Administrator will serve as administrator for the election; however,
each participating authority remains responsible for the lawful conduct of their respective election.
III. LEGAL DOCUMENTS
Each participating authority will be responsible for preparation, translation, adoption and publication of all
required election orders, resolutions, notices and any other pertinent documents required by their
respective governing bodies.
Each participating authority will be responsible for making the submission required by the Federal Voting
Rights Act of 1965, as amended, with regard to administration of the joint election and any other changes
which require preclearance by the U.S. Department of Justice will be the responsibility of each
participating authority. Preparation of necessary bilingual materials for notices and preparation for the
text for the official ballot will also be the responsibility of each participating authority.
IV. VOTING SYSTEM
Each participating authority agrees that voting at the joint election will be by use of the Hart eSlate DRE
and Hart eScan Ballot Scanner (System 5) voting system approved by the Secretary of State in
accordance with the Texas Election Code. It is further agreed that the Town of Trophy Club will provide
for one joint eSlate, eScan and Judges Booth Controller during the early voting process at the branch
early voting location and one joint eSlate, eScan and Judges Booth Controller and at the regular polling
place located within the Town on election day. The Denton County Elections Department will be
responsible for the preparation of programs and the testing of the optical scan system used for tabulating
the ballots. Testing of the equipment will be conducted at a date, time, and location identified by the
Denton County Elections Administrator and notification of this information will be provided to the
Northwest Independent School District by the Town of Trophy Club’s Election Administrator.
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The Town of Trophy Club agrees to provide voting booths for the election.
V. VOTING LOCATIONS
It is agreed by the participating authorities that the Early Voting location for the Town of Trophy
Club/NISD May 10, 2008 election will be held at the Trophy Club Svore Building, 100 Municipal Drive,
Trophy Club, Texas 76262.
It is further agreed by the participating authorities that the following polling places will be used on election
day:
Location: Trophy Club Svore Building
Address: 100 Municipal Drive
Precincts: 400, 401 and 3286
VI. ELECTIONS JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
The Town of Trophy Club will be responsible for the appointment of the presiding judge and alternate at
polling location, and also for the appointment of the Early Voting Ballot Board. It is agreed by the
participating authorities to employ the number of election clerks as the need determines, and that all
election workers shall be paid $8.00 per hour. The election judges will be paid $10.00 per hour.
The Town of Trophy Club’s Elections Administrator is responsible for notifying all election judges of the
eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the
necessary steps to insure that all election judges appointed for the joint election are eligible to serve. The
presiding judges, with the Elections Administrator’s assistance, will be responsible for insuring the
eligibility of each appointed clerk hired to assist the judge in the conduct of the election.
The participating authorities agree to hold one (1) public school of instruction on election laws and on the
use of the Hart eSlate, eScan, and Judges Booth Controller voting equipment. The instructional class will
be held on a day as schedule in April by the Denton County Election Administrator at the Joseph A.
Carroll Building, 401 West Hickory, Denton, Texas 76201.
The election judges are responsible for picking up election supplies at the time and place determined by
the Elections Administrator (which will be set forth in the election judge letter requesting service for this
election).
VII. SUPPLIES AND PRINTING
The Town of Trophy Club will arrange for all election supplies and election printing, including, but not
limited to, all forms, signs and other materials used by the election judges at the voting locations.
The Northwest Independent School District will furnish the Town of Trophy Club’s Elections Administrator
a list of candidates showing the order and the exact manner in which their names are to appear on the
official ballot. This will be done as soon as possible after ballot positions have been determined by the
NISD candidates, no later than March 12, 2008.
VIII. BALLOT TABULATION AND RETURNS OF ELECTION
The Town of Trophy Club will be responsible for the tabulation of ballots by the electronic precinct counter at
each polling location identified in this Agreement, and for the tabulation of early votes at the Trophy Club
Svore Building, 100 Municipal Drive, Trophy Club, Texas 76262. Following the tabulation of ballots on
Saturday, May 10h, the Town of Trophy Club shall notify NISD of the unofficial results by telephone or email,
and will prepare the following election records to be picked up by NISD no later than 12:00 p.m., Monday,
May 12, 2008 (1) tape from each electronic precinct counter showing breakdown of ballots cast in early
voting and on election day; (2) a Return Sheet (Form No. 17-4167) from the polling location, and for early
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voting, showing number of votes received by each candidate and total number of voters; (3) copy of the
Combination Form (Poll List/Signature Roster) from the polling location, and for early voting.
Northwest ISD will be responsible for securing these records from the Town of Trophy Club by the date and
time specified above.
IX. RECORDS OF ELECTION
Lisa Ramsey, Town Secretary/Elections Administrator, is hereby appointed general custodian of the voted
ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records will be available to each participating authority as well as to the public in
accordance with the Texas Public Information Act, Chapter 552, Government Code, at the Town of Trophy
Club, Town Secretary’s Office, 100 Municipal Drive, at any time during normal business hours. The
Elections Administrator shall ensure that the records are maintained in an orderly manner, so that records
are clearly identifiable and retrievable per records storage container.
Records of the election will be retained and disposed of in accordance with the provisions of Title 6, Subtitle
C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention
requirements established by the Texas State Library and Archives Commission. If records of the election
are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the
Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is
applicable. It is the responsibility of any participating authority to bring to the attention of the Elections
Administrator any notice of any pending election contest, investigation, litigation, or Texas Public Information
Act request which may be filed with a participating authority.
On the first business day which follows the date that the records of the election are eligible for destruction,
the Election Administrator will notify in writing each participating authority of the planned destruction of any
records of the election. Within fifteen (15) days of receipt of the Election Administrator’s notice of intent to
destroy the records, each participating authority will provide the Election Administrator with written
authorization to proceed with destruction or written instructions to withhold destruction.
X. ELECTIONS EXPENSES
The participating authorities agree to equally sharing the costs of administering the May 10, 2008, election.
NISD agrees to remit to the Town of Trophy Club, no later than April 21, 2008, a sum equal to 50% of the
total estimated cost of election expenses. Final election expenses will be determined within 30 days after
the election, and the Town will provide NISD with a final accounting. It is agreed that the remaining balance
owed by NISD will be remitted to the Town no later than thirty (30) days after receipt of the final accounting.
XI. EARLY VOTING
Lisa Ramsey, Town Secretary, will be appointed as early voting clerk in compliance with Section 271.006 of
the Texas Election Code. Other deputy early voting judges/clerks will be appointed as needed to process
early voting mail and to conduct early voting at Trophy Club Svore Building.
Early voting by personal appearance will be conducted in accordance with the election order of the
participating authority.
EARLY VOTING POLLING PLACE
TOWN OF TROPHY CLUB SVORE BUILDING
100 Municipal Drive
Trophy Club, Texas 76262
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All requests for early voting ballots by mail that are received by participating authorities will be delivered by
the most efficient means on the day of receipt to the Town of Trophy Club, Town Secretary’s Office, Svore
Building, 100 Municipal Drive, Trophy Club, for processing. Persons voting by mail will send their voted
ballots to the Town of Trophy Club, Town Secretary’s Office.
All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance
with Section 87.001 of the Texas Election Code.
XII. CONTRACT WITHDRAWAL
Any participating authority that certifies their election in accordance with Section 2.051, 2.052, and 2.053 of
the Texas Election Code, may withdraw from the joint election contract. Any expenditures incurred prior to
withdrawal shall be billed separately and that contracting authority shall be removed from the contract. In
the event of election cancellation by the Town of Trophy Club, NISD agrees to conduct their election at their
own expense.
APPROVED BY THE TROPHY CLUB TOWN COUNCIL ON THE 3rd OF MARCH, 2008.
_______________________________
Nick Sanders, Mayor
ATTEST:
___________________________
Lisa Ramsey, Town Secretary
ACCEPTED AND AGREED TO BY THE NORTHWEST INDEPENDENT SCHOOL DISTRICT
BOARD OF TRUSTEES ON THE 3rd DAY OF MARCH 2008.
APPROVED:
____________________________
Davis Palmer
President Northwest Independent School Board
ATTEST:
_________________________________
Stephanie Trietsch
Northwest Independent School Board, Secretary
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, December 3, 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated December 3, 2007
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 3, 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
3, 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
Sakura Moten-Dedrick Finance Director
Lisa Ramsey 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 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:
Greg Lamont, 15 Avalon Drive – Addressed the Council regarding Mr. Twomey’s remarks at the
November 19, 2007 meeting.
Janet Lamont, 15 Avalon Drive and Paula Johndow, 112 Lake Shore Drive donated their citizen
presentation time to Mr. Lamont.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Council member Wilson removed Item B.1.
Motion made by Edstrom, seconded by Cates to approve the Consent Agenda, Item B.2 and B.3.
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Motion passed unanimously without further discussion.
B.1 Consent Agenda: Discuss and take appropriate action regarding the modification and
renewal of the employment contract between the Town and Town Manager Brandon
Emmons to reflect the changes approved at the November 19, 2007 Town Council meeting.
Motion made by Wilson, seconded Cates to approve with the suggested changes.
Council member Wilson asked if Town Attorney Adams reviewed the suggested changes and for her
feedback. Adams said her changes are redlined and the only modification was to the insurance which
corresponds to the severance package and the date was changed to the current date.
Council member Wilson asked what guidelines would be used for Town Manager Emmons' improvement
in communication skills. Wilson commented that one matter was to personally lead to a unified Town and
instructed Town Manager Emmons to take action as it relates to the MUDs as well. Wilson reminded
Emmons the voters placed the MUD Directors on their Board and those employees are Town employees
as well. Mayor Sanders cautioned Wilson that her comments do not really relate to this item but fall
under Item D.10. Wilson feels the expectations need to be discussed before ratification. Mayor Pro Tem
Edstrom agreed with Mayor Sanders and feels Wilson’s comments relate to Item D.10 under Town
Manager Emmons goals and objectives. Wilson asked what language in the contract ties Emmons to
meeting his goals objectives. Town Attorney Adams said Section 5 deals with termination for cause and
the basis would need to be very clearly documented as it related to the three grounds listed. Adams
added this is relatively standard and in accordance to State law.
Mayor Pro Tem Edstrom moved to amend the clerical error under Section 5.03, Sterling seconded.
Amendment passed unanimously.
Main motion passed, 4:1:0, with Wilson opposing.
B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
an Interlocal Agreement for Fire and Mutual Aid Services with Tarrant County.
B.3 Consent Agenda: Discuss and take appropriate action regarding Minutes dated September
17, 2007.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: Staff report and public input regarding the adoption of an ordinance
amending Chapter 15 of the Code of Ordinances entitled "Taxation" by adding Article II
entitled "Goods-In-Transit - Local Taxation" providing for the taxation of tangible personal
property or "goods-in-transit" which would otherwise be exempt from taxation pursuant to
Texas Tax Code, Section 11.253.
Public Hearing Opened at 7:25 p.m.
Town Manager Emmons explained this Ordinance exempts goods, typically inventory, that are stored in a
location that is not owned by the owner of the goods and are transferred from that location to another
within 175 days. The governing body of each taxing unit in the State may act to tax these goods in the
year following the year in which the governing body takes action.
No one addressed council.
Public Hearing Closed at 7:27 p.m.
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TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Chapter 15 of the
Code of Ordinances of the Town to add Article II entitled "Goods-In-Transit -- Local
Taxation" authorizing the Town to tax tangible personal property in transit which would
otherwise be exempt pursuant to Texas Tax Code, Section 11.253.
Motion made by Sterling, seconded by Moss to approve.
Council member Cates said this would be difficult to police.
Mayor Pro Tem Edstrom understands that the Town is not currently zoned for commercial warehouses,
but is in favor if this will protect us in the future. Town Manager Emmons confirmed the Town is not
currently zoned for this, however, should the zoning change and if the Town does not take action prior to
January 2008, the exempt status would not be applicable.
Motion failed 2:3 with Sterling and Moss voting in favor and Edstrom, Cates and Wilson opposing.
D.2 Discuss and take appropriate action regarding a Final Plat Approval Request from Carter &
Burgess, Inc. on behalf of 831 Trophy LP, The Highlands at Trophy Club Neighborhood 9,
Lots 1-32, Block A, and Lots 1-14, Block B (18.368 acres) (FP-07-024)
Planning and Zoning Chairman, Gene Hill advised PD-27 was amended in April 2007, allowing 46 lots in
Neighborhood 9, and the final plat consists of 46 lots and 18,368 acres. All lots must be ‘Lot Type 1’
which requires each lot to be not less than 12,000 sq. ft. unless abutting the golf course, in which case an
additional 1,000 sq. ft. is required. Town staff and Town Engineer, Tom Rutledge reviewed the plat and
determined it complies with the Comprehensive Land Use Plan. Approval was recommended by the
Planning and Zoning Commission at their November 15th meeting, by a vote of 5-0, with two members’
excused absences.
Mayor Sanders introduced Krisha Brooks from Carter and Burgess and David Kearner from Centurion.
Motion made by Edstrom, seconded by Moss to approve.
Mayor Pro Tem Edstrom understands the drainage is designed to handle the capacity today and asked if
will accommodate the increased capacity in the future to handle flooding issues. Krisha Brooks assured
the discharge in this area has capacity and is already set up. Town Manager Emmons added that part of
the PID proposal is to carry this water underground. Town Engineer, Tom Rutledge said Carter Burgess
surveyed the entire channel and followed all Town standards for development, determining the channel
has the capacity to handle the run off. Rutledge stated the standards the Town has are adequate and the
problems in the past are because homes were in a flood plain.
Mayor Sanders confirmed there will be a 30 foot drainage easement of (storm sewer line underground)
with an opening that will be left open in the back of the perimeter fence to allow access to the trailway
between Lots 6 and 7. Chairman Hill added the fencing will be standard masonry and eight feet. Town
Manager Emmons said there will be a plan review in the permitting process, and anything over four 4 feet
in height that is masonry has to have an engineering stamp to be sure it is structurally safe.
Motion passed unanimously without further discussion.
A. Discuss and take appropriate action regarding the approval of the Subdivider's
Agreement for an 18.368 acre tract of land known as The Highlands at Trophy Club
Neighborhood 9.
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Town Attorney Adams received an email from Kyle Saulzman of Carter Burgess with different numbers
that are significantly smaller. Town Manager Emmons advised that Council could approve pending the
final approval of the correct numbers by the Town Engineer and Town Staff. Mayor Pro Tem Edstrom did
not see an issue approving with this caveat, as long as the agreement comes back on the next agenda in
order for Council to see the numbers.
Motion made by Moss, seconded by Edstrom to approve subject to final figures approved by the Town
Engineer and Staff, and the final with correct numbers submitted for ratification on December 13th.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding a request for approval of a Preliminary Plat
from Carter & Burgess, Inc. for Canterbury Hills, Phase 1 & 2 and Waters Edge at Hogan's
Glen, Phase 2 & 3, a total of 232 Lots (127.88 acres) (PP-07-016).
Planning and Zoning Chairman, Gene Hill said the Commission recommended approval by a vote of 5-0
with two members absent with the stipulation that the public and private areas of the lands covered in
these plats be separated when submitted as Final Plats.
Motion made by Cates, seconded by Moss to approve with the recommendations and stipulations made
by the Planning and Zoning Commission.
Mayor Sanders and Town Manager Emmons said the loop road has not yet been resolved with the Corps
of Engineers and possibly would run along MUD property. The Corps of Engineers would need to work
with the MUDs for right of way.
Motion passed unanimously without further discussion.
D.4 Discuss and provide direction to staff regarding traffic, safety concerns, and speed limit
on Skyline Drive.
Dave Garlitz, 103 Skyline Drive – Requested a summary of the traffic analysis. Garlitz said the concern is
not people speeding, but the posted 30 mph is too fast for this area.
Town Manager Emmons summarized the survey completed on November 29, 2007 and November 30,
2007.
Mayor Pro Tem Edstrom said a similar issue on Inverness and Pebble Beach failed several years ago
and would like to revisit the issue and add Skyline Drive. Town Manager Emmons reported by January
2009, new street signs have to be either six inches or greater or the speed limit has to be reduced. A
rough estimated to replace all existing street signs approximately $30,000 to $40,000. If the speed limit is
changed, speed limit signs would need to be posted at all cross streets.
Both Council members Cates and Wilson are in favor of reducing the speed limit.
Council directed Town Manager Emmons research and present additional data, options and budgetary
impact for street lights and other proactive options such as signs ‘’Child at Play” or “We love our Children,
Slow Down.”
No action taken.
D.5 Discuss and provide input regarding pool discharges into the Town of Trophy Club
Separate Storm Sewer System.
Town Manager Emmons reported TCEQ has adopted Phase 2 of Storm Water Plan and Trophy Club has
less than two months to adopt. Emmons sought Council’s direction regarding amendments to the Pool
24
Ordinance as it relates to this. If the Council decides to approve the amendment, ample time needs to
given to the impacted residents; approximately 387 pools were constructed prior to 2005 and the passage
of the Pool Ordinance, the impacted residences have not been identified. To date estimated cost for
residents to make their pools compliant is $500 to several thousands dollars depending on the type of the
pool.
Mayor Pro Tem Edstrom suggested two to three years for compliancy as one year is not long enough
from a budgetary standpoint.
Council member Cates said her pool was constructed according to the Town Ordinances in effect at the
time. Cates agrees that the pools need to be retrofitted and agreed with Edstrom’s suggestion of two to
three years.
Council member Wilson said according to a TCEQ representative the Town is showing a good faith effort
to comply with these requirements. Mayor Pro Tem Edstrom said the Town has been taking steps for the
past four years to become compliant.
The Town Council directed Town Manager Emmons to start the revisions to the Ordinances and policies
and implement frequent notification to the residents. Council would also like to for Emmons to produce a
better cost estimate for the residents having to retro-fit in order to know what time limit should be given for
compliance. Residents are encouraged to volunteer their estimates to Council.
Ryan Chitwood,10 Overhill Drive – Presented perceived inaccuracies to the five-year statute and
explained some incidents only have 90 days to retrofit.
No action taken direction only.
D.6 Discuss and take appropriate action regarding the formation of a Charter Amendment
Review Committee.
Town Attorney Adams said agendas and minutes would apply to both committees and commissions and
quoted Section 4.16. C of the Town Charter.
Bill Rose, 219 Inverness Drive – Submitted a letter for the record requesting the Council consider forming
a Commision as opposed to a Committee.
Motion made by Edstrom, seconded by Cates to move forward with the formation of a Committee.
Mayor Pro Tem Edstrom clarified with Town Attorney Adams that there is no difference between a
Committee and Commission, and said both the Town Manager and Town Attorney should be involved in
order to provide input.
Mayor Sanders said the Council previously went through the process two times and publicly appointed
Council representatives each time. Sanders asked Mr. Rose why he did not bring forth the nine proposed
amendments sooner.
Council member Wilson believes Mr. Rose provided the proposed amendments appropriately. Wilson
confirmed the employees would be staff liaisons only and not voting members.
Mayor Pro Tem Edstrom explained the history of the Charter Amendment Commission and said this
should not be adversarial and that having a Council member seated on the Commission would be
beneficial. Edstrom clarified Mr. Roses’ opening statement ‘We the Citizens” pointing out it is plural and
therefore necessary that all amendments be representative of all residents. Wilson and Moss are in favor
of the application process.
25
Motion amended by Edstrom, the second agreed to move forward establishing a Charter Review
Committee with five to seven members and setting no deadlines for creation or product coming back to
Council for review and to post the application process for two weeks with appointments being made at the
first meeting in January.
Council member Wilson moved to change Committee to Commission, Moss seconded.
Motion on the amendment, passed 3:2, with Edstrom and Sterling voting against.
Motion amended by Sterling, seconded by Moss changing the number of members to five to nine
members, not including staff and/or Council members serving as liaisons.
The amendment passed unanimously.
The main motion approving the creation of a Charter Review Commission, consisting of five to nine
members, posting the application process for two weeks and appointing members at the first meeting in
January passed unanimously without further discussion.
Council took a five minute recess and reconvened at 10:00 p.m.
D.7 Discuss and receive input regarding an Ordinance amending Chapter 11, Public Works,
Article I, of the Code of Ordinances establishing guidelines for residential dumpsters.
Town Manager Emmons introduced the item and asked the Council if they wanted to limit the permit to 30
days.
Council member Cates visited the construction sites of other Standard Pacific development and believes
this standard should be added to this Ordinance.
Council member Wilson suggested a fee for a permit extension. Mayor Pro Tem Edstrom does not want
to create an issue where a person can perpetually renew. Council member Sterling suggested a steeper
fee for an extension of sixty days or greater. Council member Cates suggested a fee schedule based on
the work plan and applying a fine if they go over. Edstrom, Sterling and Wilson feel forty-five days is
sufficient, requested a process under residential and would like a definition of capacity.
No action taken, input only.
D.8 Discuss and take appropriate action regarding the award/rejection of bids for the
Landscape and Irrigation Improvements for Trophy Club Drive, Bid No. 11207, and
authorizing the Mayor or his designee to execute necessary contract documents.
Town Manager Emmons reported three bids were received. Philips Lawn Sprinkler Company was the low
bidder at $101,800.00. The bid amount was approximately one-half that of the other two companies that
bid on the project. Philips has been the successful bidder on the previous two Town landscape projects
and has performed satisfactorily on both of those projects.
Motion made by Edstrom, seconded by Moss to approve Philips Lawn Sprinkler Company.
Mayor Pro Tem Edstrom asked if the Parks Director, Adam Adams ran this by the residents along Trophy
Club Drive. Edstrom feels this is a huge departure going from grass to crushed granite. Council was
informed by the Parks Department on November 19th that there were some minor changes. Adams has
not spoken to the residents yet because he was waiting until the Council approved. If approved tonight,
the Department will notify the residents by placing stickers on their doors.
Motion passed unanimously without further discussion.
26
D.9 Discuss and take appropriate action to approve financials and variance report dated
November 2007.
Mayor Sanders moved this Item to December 17th, 2007.
D.10 Discuss and take appropriate action regarding employees who report directly to the Town
Council and the following:
A. Discuss and take appropriate action with regards to implementing a standardized
periodic evaluation process of the Town Manager, Town Attorney and Town
Secretary by the Town Council.
Council member Sterling requested these items to remind Council that these employees need to be
evaluated annually, and all should be evaluated on the same criterion to make it more uniform.
Mayor Sanders said there is some value in evaluating prior to the change in Council. The Town conducts
standard reviews every March.
Mayor Pro Tem Edstrom questioned if the expectations would be easier identified by meshing the job
description and Charter language. Town Manager Emmons suggested Council develop a standardized
evaluation form based on the job description and Charter requirements, including goals and objectives.
Council would like to conduct the evaluations in March or April. Staff will provide the evaluation
process/forms and templates from other cities to Council.
B. Discuss and provide input on methods in which to improve and enhance
communication between employees who report directly to Town Council.
Motion to continue past 11:00 p.m. made by Edstrom, seconded by Sterling.
Motion passed unanimously without any discussion.
Council member Cates would like to ensure the Council is receiving all the information the Mayor is.
Mayor Sanders said one way to accomplish this is by way of a Mayor’s report similar to the Town
Manager Report. Town Manager Emmons requested the Council copy him on emails sent to the Town
Attorney.
Council member Sterling said communication is a two step process and challenged all to think twice on
how the words will be perceived. Sterling feels all communication should go through the Town Manager
as he is ultimately responsible.
No action take, input only.
C. Discuss and take appropriate action with regards to reviewing and/or amending
job descriptions of the Town Manager, Town Attorney and Town Secretary.
D.11 Items for Future Agenda.
Mayor Sanders requested Items 2 and 6 be removed from the list.
Council member Wilson requested Town Manager Emmons give a report from TXDOT on the sound
barrier issues on the east side.
Mayor Pro Tem Edstrom would like an update on the next street construction project.
D.12 Town Manager Emmons gave his report.
27
Council member Sterling advised he would be absent from the December 13th meeting.
E.1 Adjourn.
Motion made by Wilson, seconded by Cates to adjourn.
Meeting adjourned at 11:17 p.m.
_________________________________________ _________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
28
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 4, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated February 4, 2008
29
MINUTES OF A REGULAR SESSION FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 4, 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, February 4,
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
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
Sakura Moten-Dedrick Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mary Moore Environmental Coordinator
Jim Carter
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was
present.
A.2 Pastor Joel Quile from Lake Cities Church of Christ gave the Invocation.
A.3 Sakura Moten-Dedrick led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation recognizing Founders’ Day
in Trophy Club.
Council member Moss made a motion to approve the Proclamation recognizing Founders’ Day in Trophy
Club. Council member Cates seconded; motion passed unanimously without further discussion.
A.5 Town Council to announce the "Citizen of the Year for 2007" and to present a certificate of
recognition to the recipient.
Mayor Sanders provided a review of past Citizen of the Year Recipients. Mayor Sanders introduced the
2007 Nominees:
• Larry Crosser
• Joel Quile
• Bill Rose
• Sally Michalak
• Dan Gordon and Teensie Wellborn
• Bob Radder
30
Mayor Sanders summarized nominee procedure and then announced Bob Radder as Trophy Club Citizen of the
Year 2007.
A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council is not permitted to take action on or
discuss any presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the Council
addressing those items.
The following addressed Council:
Patti Stoltz, 104 Forest Hill Drive thanked the Council for the Founders’ Day Reception and gave a brief history of
the proposed study of Solana. The Town needs to keep Solana for the tax base. Ms. Stoltz is against loosing
Solana. History shows that we stay the way we are.
J.D. Stotts, 1 Narrow Creek Court, gave a handout to the Council with his list of concerns regarding the list of
lakes being added in the Town. The lakes are in a bad location and so small they will require a lot of work. Mr.
Stotts asked who would benefit from these lakes given the size, shape and location. Mr. Stotts is concerned that
the Town will be left holding the bag for park land. Where is the documentation and how much is this going to
cost?
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 ratifying an Ordinance approving the
financing of new police video equipment.
B.2 Consent Agenda: Discuss and take appropriate action to approve an amendment to the Bank
resolution naming authorized representatives on First Financial Bank and Texpool signature
accounts.
B.3 Consent Agenda: Discuss and take appropriate action to approve financials and variance report
dated:
(a.) December 2007
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 12,
2007.
Motion made by Mayor Pro Edstrom, seconded by Council member Sterling to approve consent agenda items B.1
through B.3.
Mayor Pro Tem Edstrom moved to approve B.4, Council member Cates seconded; motion carried 4:0:1 with
Council member Sterling abstaining.
END OF CONSENT
C.1 Discuss and take appropriate action regarding a Resolution appointing five to nine members to
serve on a Charter Review Commission.
Mayor Sanders asked Council to begin with determining how many members will reside on the commission
before making nominations for the Charter Review Commission. Mayor Sanders listed the applicants:
• Roger Williams
• Larry Crosser
• Bob Downey
• William (Bill) Rose
• Melissa Klauss
• Ben Brewster
• Neil Twomey
• Richard Briggs
• Joel Quile
• Bob Radder
• Richard Hobday and
• Steven Kohs
31
Council member Sterling moved to make the commission nine members and have members serve until
Council takes action to dissolve the commission. Council member Cates seconded.
Council member Wilson moved to amend motion from nine to seven members. Council member Moss
seconded.
Council member Sterling stated that a larger number of members allow for more opportunity for a quorum.
Mayor Pro Tem Edstrom agreed with Council member Sterling. Council member Cates shared her
experience that a larger group does not pose an issue.
Amendment failed 2:3, with Mayor Pro Tem Edstrom and Council members Cates and Sterling opposing.
Main motion carried 3:2 with Council members Moss and Wilson opposing.
The following nominations were made:
Mayor Pro Tem Edstrom nominated Roger Williams, Larry Crosser, Bob Downey, Melissa Klauss,
Richard Briggs, Joel Quile, Bob Radder and Richard Hobday.
Council member Sterling nominated Roger Williams, Larry Crosser, Bob Radder and Steven Kohs.
Council member Wilson nominated Bob Downey, William Rose, Melissa Klauss, Ben Brewster, Neil
Twomey and Joel Quile.
Council member Cates and Moss did not make nominations as all applicants were already nominated.
The Charter Review Commission will consist of the following members:
Roger Williams was appointed with four votes; Edstrom, Cates, Sterling and Moss.
Larry Crosser was appointed with five votes; Edstrom, Cates, Sterling, Moss and Wilson.
Richard Briggs was appointed with five votes; Edstrom, Cates, Sterling, Moss and Wilson.
Joel Quile was appointed with five votes; Edstrom, Cates, Sterling, Moss and Wilson.
Bob Downey was appointed with five votes; Edstrom, Cates, Sterling, Moss and Wilson.
William Rose was appointed with five votes; Edstrom, Cates, Sterling, Moss and Wilson.
Ben Brewster was appointed with four votes; Cates, Sterling, Moss and Wilson.
Richard Hobday was appointed with three votes; Edstrom, Cates, and Wilson.
Melissa Klauss was appointed with three votes; Edstrom, Moss and Wilson.
Mayor Sanders stated the commission will appoint a Chairman and resources shall include Town
Attorney Adams and Town Secretary Ramsey. Town Manager Emmons will act as staff administrator for
the commission.
C.2 Discuss and take appropriate action regarding an Ordinance calling a Joint/General
Election for May 10, 2008 for the purpose of electing three (3) Council Members for two (2)
year terms each to the Town of Trophy Club Town Council, for electing two (2) Directors
for four (4) year terms each to the Trophy Club Municipal Utility District No. 1, and for
electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility
District No. 2.
(a.) Discuss and take action regarding the Joint Election Agreement between the Town
Council and Municipal Utility District No. 1 and Municipal Utility District No. 2.
Mayor Pro Tem Edstrom made a motion to approve the Joint Election Agreement. Council member Moss
seconded; motion carried unanimously.
32
(b.) Discuss and take action regarding the Denton County Contract for voting
equipment rental.
Mayor Pro Tem Edstrom made a motion to approve the contract with Denton County for voting equipment
rental. Council member Moss seconded; motion; motion carried unanimously.
C.3 Discuss and take appropriate action regarding current issues surrounding access to and
use of Beck Park and the parking lot adjacent to Harmony Park, including potential
alternate sites and funding sources.
Mayor Sanders asked Town Manager Emmons for an update. Emmons shared two main issues. First,
the need to remove access at Beck Park, which is currently being used as practice fields and relocate the
practice fields. Second, of the parking lot located at Harmony Park. Alternate locations include coming
off Indian Creek Drive and a vacant piece of land, Lot J of Neighborhood 10. Mehrdad Moayedi, owner of
Lot J of Neighborhood 10 stated the lot could be used for over parking when needed. Twenty-six
additional parking spaces will be added to the existing parking lot. The Town is also reviewing an option
that would increase the lot to include more than the additional 26 parking spaces. The Town is aware
that soccer season starts on February 23. A lease agreement to park on Lot J of Neighborhood 10 has
been drafted. Town Manager Emmons will meet with Mehrdad to work on the agreement.
Several alternate locations have been identified for practice soccer fields: twelve acres across from
Medlin Middle School, which may not be available prior February 23, and five acres next to the Lakes
Cities Church of Christ.
Mayor Sanders asked if an additional 26 spaces were enough. Dave Jahn, 1 Gentry Court, asked if the
26 spaces were in addition to existing spaces. Council member Wilson asked if more than 26 spaces
could be given. Town Manager Emmons stated more could possibly be given, but trees may need to be
cut. Town Manager Emmons showed the parking lot plan.
Soccer Association President Steven List, 101 Lakeside Drive, shared the addition of 26 parking spaces
is not enough, Lot J is a great temporary location, however it is not a solution when it rains. Lot J would
need to be improved. Mr. List asked where the funding is coming from at least 50 to 60 spaces bigger
and asked that it not come from the original EDC 4A funding. The parking lot needs to be bigger..
Mayor Sanders asked Town Manager Emmons for the cost allocation for the 26 parking lots, which has
already been engineered and approved. Emmons shared he intended to have it bid last week, but a hold
has been placed. It will be a few more weeks for engineer changes. The job would take three to four
weeks to complete.
Mayor Sanders asked the status of the restrooms. Emmons stated that the bids have gone out. Mr. List
stated that you cannot begin the project until after soccer season due to timing.
Council member Wilson asked if Emmons was able to work out a temporary solution with Mr. Beck.
Emmons stated Mr. Beck’s response to working on a solution was absolutely not; Mayor Sanders, Mayor
Pro Tem Edstrom and Mr. List all received the same response.
Mr. List shared soccer has outgrown Harmony Park and asked Council to work with the Parks and
Recreation Board and develop a solution.
Mayor Sanders stated that Jacobs, Carter and Burgess is working on the Master Park Plan. Mr. List
stated that he has seen the plan and Council needs to move forward or kids will be playing in Roanoke
and Harmony Park will be vacated. Mr. List stated that soccer cannot practice on the five acres at the
Lake Cities Church because the land is not even. Mr. List went on to state soccer is okay for practice
fields for this season, but football does not have equipment since soccer took back their goals.
Terry Flickinger, 24 Hillcrest, shared football used Beck Park primarily as practice fields and now
Lakeview fields have been taken back by Soccer. Flickinger stated football has nowhere to practice and
33
requested Council please develop a way to find additional lights. Football can go to Independence Park
Field 4. Football had eleven teams last year and will probably have thirteen to fourteen teams this
season. We need field space and we need Beck Park.
Mayor Sanders asked if football, soccer and baseball have sat down with the Park Board. Mayor
Sanders directed Town Manager Emmons to schedule Parks Board to meet with soccer, baseball and
football and work on creating solutions.
Mayor Sanders stated he had discussions with Mr. Beck and Mr. Beck will not allow temporary use of
Beck Park. Mr. Beck wants three billboard signs; one placed on the front 26 acres, one at the back of
Beck Park, and one outside the wall where Highway 114 turns north. Mayor Sanders asked Mr. Beck,
which sign would help recoup his million dollars, and Mr. Beck stated the location where Highway114
turns north. The entire process could take three to six months. Sanders shared that Council could direct
Town Manager Emmons to work on one billboard site location. Mayor Sanders’ opinion is to condemn
the park.
Council member Wilson does not think that we should work with Mr. Beck for the billboard outside the
wall. The City of Roanoke has been a good neighbor and they are opposed to the sign as well.
Town Manager Emmons explained the condemnation process and shared the land does not belong to the
Town until all process steps have occurred. Mayor Pro Tem Edstrom confirmed that all seven acres of
Beck Park are now in the flood plain.
Council member Cates asked for an estimated legal cost for this process. Town Attorney Adams stated
that she would try to do as much as she can in house, but will need to have an attorney on retainer for
help, as needed.
Dave Jahn, 1 Gentry Court, expressed that eminent domain is not the answer and suggested the Council
give Mr. Beck his swampland back and develop property we can use.
Margee Best Rogers, 27 West Hillside Place, stated the softball field is underutilized and asked if the
Town could convert the softball fields? Ms. Rodgers also asked if the .963 grassy section of Eagles
Ridge could be made into usable space.
Steve List expressed the focus needs to be placed on obtaining new land and walk away from Beck Park.
He is discouraged that the associations were not made aware of this issue sooner and asked that parking
be increased at Medlin and the new high school.
Mayor Sanders expressed that the associations need to contact Town Manager Emmons when they hear
things and to contact the Council if they do not receive a response from Emmons.
Marshall Felker, 202 Skyline Drive, reiterated that Council is elected to lead. Council has the ability to get
things done and the associations expect leadership from Council. The associations expect Council to as
act as leaders and lead on this issue.
Mark Collins, 13 Jaime Court, supports the work of the associations. Mr. Collins suggested creating a
committee to help resolve these issues. A committee may be able to come up with solutions more
quickly. Mr. Collins shared his appreciation of the Council’s attempt to eliminate the billboards.
Grant Waldrop, 8 Winstead Court, asked what are Council’s plans to address the short-term needs? This
season, baseball has gone from five baseball fields to two. Where are the kids going to go? Council
needs to find more economical choices.
Kevin Morgan 15 Meadowbrook Lane, stated Council needs to utilize both the community and sports
associations to pool all community resources. Many volunteers would donate their time to help if they see
a grand plan.
34
Council member Cates was glad to hear from the sports associations and to hear they support not putting
money into Beck Park. She added that it does make more sense to use the funds to develop more fields
and pursuing Mr. Beck is pointless.
Council member Wilson would like to see the feasibility of directing funds into Trophy Club Park. The
Town has a lease agreement until 2027. Wilson suggested working with Westlake and Roanoke to build
a nice sports complex.
Mayor Pro Tem Edstrom stated if the sports associations do not want to pursue Beck park, then Council
should not spend any more time on this issue. Edstrom asked for a monthly update from the Parks and
Recreation Director beginning with anything regarding to the status of the Park Master Plan with a list of
what changes, if any, the Corps of Engineers will allow. Edstrom directed Town Manager Emmons to
schedule a Parks and Recreation update for the next meeting.
Council member Sterling would like to see a list of available park land and what options are available.
The Town needs to pursue all schools, churches and vacant land.
Council member Cates directed Town Manager Emmons to gather all possibilities and come back to
Council next week.
Council member Wilson asked Emmons to check into all immediate needs for park facilities and the
maximum number of parking spaces in addition to the original 26 increased spaces.
Mayor Pro Tem Edstrom expressed that staff needs to do some due diligence and Council will meet next
week, with maps.
Council took a recess at 9:30 p.m. and reconvened at 9:45 p.m.
C.4 Discuss and take appropriate action regarding the Stormwater Management Plan.
Mayor Sanders updated the Council. The plan is the same form that Council previously reviewed. The
pool discharge ordinance will be on the February 18 meeting agenda. The Stormwater Management Plan
needs to be submitted to TCEQ by February 11. TCEQ will notify us of any inadequacies.
Council member Moss made a motion to approve the Stormwater Management Plan as written. Mayor
Pro Tem Edstrom seconded.
Council member Wilson amended the motion to include all recommendations made by TCEQ
representatives. No second, motion dies.
Mary Moore, Environmental Coordinator would like Council to approve the document as a living
document and understand that the document will change.
Council member Moss changed his motion from as written to approve as submitted and move forward
with submittal to TCEQ. Mayor Pro Tem Edstrom agreed with the change.
Ryan Chitwood, 10 Overhill Drive, addressed Council. He stated that this is a compliance issue and it
needs to be addressed as a compliance issue. Mr. Chitwood asked Council to not sign the document until
Council makes the petition to the truth: include pool drainage ordinance, and do not summit the plan with
pools built prior to 2005. Go into this with good faith to make the permit and ordinance compliant. Mr.
Chitwood went on to list items that he felt needed to be addressed.
Motion to approve the Stormwater Management P and submittal with any modifications from TCEQ
carried unanimously.
35
C.5 Discuss and take appropriate action regarding funding costs for brand identity and
marketing support.
Mayor Sanders gave an update on the proposal and notified Council that EDC B was in favor, but wanted
direction from Council.
Mayor Pro Tem Edstrom would like to see what, if anything, Centurion American could provide the Town
for their use as well. Edstrom provided a brief history of John Harbin who originally created our logo for
Beck Properties to use. Mayor Pro Tem Edstrom would like to see the tag line, “A Great Place to Call
Home” utilized more.
Council member Sterling shared that the Town has branding and expressed the prospect of the current
logo be changed. Sterling suggested the possibility of having a contest. He thinks the Town could benefit
by looking into changing the logo.
Council member Moss would like this item to go back to EDC B.
Town Manager Emmons will contact Centurion American.
No action taken.
C.6 Discuss and take appropriate action regarding the placement of street lights on Trophy
Club Drive.
Town Manager Emmons would like to have consistency along Trophy Club Drive. The Street Bond has
funds dedicated to streetlights and excess bond funds will help to fund new poles.
Mayor Pro Tem Edstrom asked if there was a contingency plan to replace remaining lights.
Mayor Pro Tem Edstrom moved to continue the meeting past 11:00 p.m. Council member Sterling
seconded; motion passed unanimously.
Council member Sterling asked for the total cost to retrofit Trophy Club Drive. Town Manager Emmons
shared the cost would be approximately $217,000. Council member Sterling is in favor of Emmons
moving forward and trying to get a quantity discount.
Council consensus is to move forward and not delay street light for citizens. The $4,000 can be spent
now and this item can be revisited later.
Council members Moss and Wilson are in favor of moving forward, if Council has a plan.
Council directed Town Manager Emmons to bring a hard count and funding information to the next
Council meeting.
No action taken, direction only.
C.7 Discuss and take appropriate action regarding amending Ordinance 2006-17, Chapter 11,
entitled “Public Works", Article VIII, entitled “Lawn and Landscape Irrigation
Conservation”, Article VIII Sections 8.01, entitled "Restrictions" of the Code of Ordinances.
Council member Sterling made a motion to approve the amendment to Ordinance 2006-17. Mayor Pro
Tem Edstrom seconded; motion carried unanimously.
C.8 Discuss and take appropriate action regarding an Ordinance approving the petition for
ONCOR Electric Delivery Company, LLC., to modify its lighting service tariff.
36
Council member Moss made a motion to approve the Ordinance approving the petition for ONCOR
Electric Delivery Company, LLC. Council member Wilson seconded; motion carried unanimously.
C.9 Items for Future Agenda.
Mayor Pro Tem Edstrom asked for a standing reminder be placed on the list for a bi-annual Parks and
Recreation Board update, and for a monthly Parks update from Town Manager Emmons and Parks and
Recreation Director Adam Adams. Council member Cates expressed Council must give the Parks Board
a more active role.
Council member Cates asked that Citizen of the Year guidelines be placed on an agenda soon.
Council member Wilson asked for a roundtable discussion with Roanoke and Westlake and to not limit
the topics to library and park plans.
Council member Sterling would like an update from Parks and Recreation Director Adam Adams on the
progress of Trophy Club Park.
C.10 Reports. There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may be
placed on a future agenda.
(a.) Town Council report from EDC 4A Liaison, Council member Moss.
(b.) Town Manager's Report.
Council member Moss and Town Manager Emmons gave their reports to Council.
D.1 Adjourn.
Council member Sterling made a motion to adjourn at 11:30 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
37
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 18, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated February 18, 2008
38
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 18, 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, February,
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
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
Mike Pastor IS Director
Scott Kniffen Police Chief
Adam Adams Park and Recreation Director
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was
present. Edstrom announced that Mayor Sanders would be late.
A.2 Mayor Sanders gave the Invocation.
A.3 Mayor Pro Tem Edstrom led the Pledges.
A.4 Citizen presentations:
Donald Werkstell, 7 Meadow Creek Court – Addressed the Council regarding the property by Tom
Thumb, zoned for Commercial Recreation and is interested in the grading process.
A.5 Annual update and presentation by the Park Board, and discussion of same.
Parks Board Chair, Pauline Twomey called the Park Board to order and announced a quorum. Twomey
introduced the Park Board members who were present at the meeting and presented the purpose and
functions of the Board. Twomey requested the Council consider appointing a Council liaison to the Park
Board.
Park Board Vice Chair, Steve Gregory gave a presentation on the current parks, existing facilities and
future projects, Harmony Park Capital Improvements Fiscal Year 07-08 and future projects, and provided
the following: Lakeview Park, 5 acre integrated joint-use park owned by NISD; Independence Park, 10
acre irrigated grant park with the following amenities: community pool, 5 acre partially irrigated pool area
with the average daily use of 197 participants; Skyline Park, 3.5 acre undeveloped park and possible
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access into Trophy Club Park; Trophy Club Park at Lake Grapevine (877 acre park, 677 as active use
and 200 passive use) open spaces and medians; Northwest Park (10 acres of mixed passive and active
use areas) Northeast Park (10 acres of mixed passive and 6 acres active use areas.)
Gregory explained the following recent Parks and Recreation discussion and action Items:
• No smoking ordinance for parks
• Dog parks
• Skate park
• Comprehensive park plan
• Public survey
• Highlands Park and pathway plans
• Acquisition of Trophy Club Swim Team
• Summer Day Camp operations with NISD
• The loss of Beck Park and the resulting impact on youth sport associations
• Increased communication and interaction with sport association
Park Board member, Dave Glaser gave a presentation on Trophy Club Park at Lake Grapevine,
explaining the Town has a twenty-five year lease. The Park was closed due to the June floods and is
scheduled to reopen on March 15, 2008. Glaser introduced Mark Lamb from DFW Honda. Mr. Lamb and
has spent a considerable amount of time helping the Board develop the ATV trail at the Park. Glaser
concluded with an invitation for all to attend the grand Park re-opening.
Council member Wilson thanked the Board for their excellent and thorough presentations.
Council member Cates questioned the semi-annual updates from the Board in accordance to the
Ordinance, stating the last report was in September 2006 and that the Board missed several summer
meetings. Parks and Recreation Director Adam Adams said that little had occurred and he wanted to
wait on new things to present. Additionally, the Parks and Recreation Chair is responsible for calling and
cancelling meetings.
Mayor Pro Tem Edstrom spoke to the Board’s disconnect with the sports associations and would like to
see a representative from the associations attend and speak to the Park Board and not to just one or two
members. Edstrom questioned if the summer camp survey was ever completed. Adams responded the
results that were received were very positive.
Council member Cates suggested Adams delegate more to the Park Board members as all are highly
qualified.
Park Board Chair, Pauline Twomey criticized Council member Cates for her comments regarding the
Parks and Recreation Board not meeting in July, Council member Sterling for being in Canada working
the night the P & R meetings occur, Mayor Pro Tem Edstrom and Council member Cates for their lack of
attendance at meetings and Town Manager Emmons for only attending when he is summoned.
Park Board Chair Twomey adjourned the Park Board at 8:10 p.m.
A.6 Police Chief Kniffen to present departmental awards and commendations.
Police Chief Kniffen presented the following awards:
Community Service Award - Jeff Rocha
Police Commendation - Wade Montgomery, Mike Conklin and Keith Burris
Reserve Officer of the Year - Robert Mastropiero
Officer of the Year - Mike Conklin
Mayor Sanders introduced Officer Wade Montgomery’s family, wife Melissa, daughter Oliver and son
Matthew who was diagnosed with leukemia in September 2006 and is currently in remission.
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Council member Wilson removed Item B.2 from the Consent Agenda.
Motion made by Edstrom, seconded by Cates to approve Item B.1. Motion passed unanimously without
any discussion.
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 repeal Ordinance 2008-04 and
adopt a new Ordinance calling a Joint/General Election for May 10, 2008 for the purpose of
electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club
Town Council, for electing two (2) Directors for four (4) year terms each to the Trophy Club
Municipal Utility District No. 1, and for electing three (3) Directors for four (4) year terms
each to the Trophy Club Municipal Utility District No. 2, to correct the last date of Early
Voting.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January
21, 2008.
Council member Wilson moved to approve with the following changes; page 33, under D.5 change to
Council member Wilson is not ready to give up and asked if Beck was amenable to one billboard and if
this is something we want to discuss, page 36, fourth paragraph should be accept not except and page
37, under Item D.15, Items for Future Agenda, add Council member Wilson in front of was directed,
seconded by Cates. Motion passed unanimously without further discussion.
End of Consent
Noting no objections from the Town Council, Mayor Sanders moved up Item C.5 up.
C.1 Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices
for the May 10, 2008 Election.
Motion made by Edstrom, seconded by Sterling to approve the Proclamation.
Council member Cates questioned the validity of proclaiming Fair Campaign Practices when the rules are
not observed. Council member Wilson confirmed violations would be handled by the Texas Ethics
Commission.
Motion passed unanimously without further discussion.
C.2 Discuss and take appropriate action regarding a Resolution amending Resolution 2007-21
to appoint two citizens to serve on two seats on EDC 4B for the remainder of two
unexpired terms.
EDC 4B, President Jim Hicks said the Board met on Monday, February 11, 2008 to interview candidates.
Director Olthoff made a motion to recommend the appointment of Dan Bishop to the term expiring in 2008
and Dave Glaser to the term expiring in 2009. Director Crosser seconded; motion carried unanimously.
Motion made by Edstrom, seconded by Cates to appoint Dan Bishop to the term expiring in 2008 and
Dave Glaser to the term expiring in 2009. Motion passed unanimously without any discussion.
C.3 Discuss and take appropriate action regarding Racial Profiling Report for 2007.
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Chief Kniffen presented the Racial Profiling Report for 2007. Council member Sterling disagrees with the
amount of time involved to compile this report given it does not help with diversity.
Motion made by Wilson, seconded by Cates to approve the Racial Profiling Report for 2007.
Motion passed 4:0:1 with Sterling abstaining.
C.4 Discuss and take appropriate action to approve Minutes dated, January 7, 2008.
Motion made by Sterling, seconded by Edstrom to approve the Minutes dated January 7, 2008.
Motion passed 3:0:2 with Cates and Moss abstaining.
C.5 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.
Motion made by Edstrom, seconded by Cates to approve with the compliance date of July 9, 2009.
Town Manager Emmons asked for direction from the Council regarding a compliance cut-off date for non-
conforming pools.
Larry Hoover,1118 Berkshire Court – Spoke against the Ordinance.
Peggy Sweeny, 51 Meadowbrook - Spoke against the Ordinance.
Elizabeth Roessner, 3 Winding Creek Court - Spoke against the Ordinance.
Rick Calley, 231 Oakhill Drive – Spoke against the Ordinance.
Joe Baugh, 1038 Wilshire – Questioned if he had a salt water pool as opposed to a chlorine pool, would
he be violating the Ordinance if he drains into the yard.
Jeff Janak, 5 Greenleaf Drive – Questioned if he could dump in to the storm sewer with an exception.
Robert Grunt, 305 Meadowbrook Drive – Asked if there is a time limit to notify the residents. Mayor
Sanders State law does not mandate the Town notify the residents.
Council discussed rewording “Section 15.04 Swimming Pools, I. Draining of Swimming Pools.
Mayor Pro Tem Edstrom questioned if delaying approval of this Ordinance would affect the TCEQ
submission Town Manager Emmons responded the Ordinance would need to come back for approval at
one of the meetings in March.
Edstrom removed the motion, the second agreed.
Motion to refer item to a future meeting made by Cates, seconded by Sterling. Motion passed
unanimously without further discussion.
Council took a 7 minute recess.
C.6 Discuss and take appropriate action regarding a Resolution to approve the Texas
Department of Transportation’s Master Project Advance Funding Agreement (MAFA).
As part of the grant for the Safe Routes To School Program, TXDOT requires approval of their Master
Project Advance Funding Agreement, by way of a resolution.
Motion made by Edstrom, seconded by Moss to approve the Resolution to approve the Texas
Department of Transportation’s Master Project Advance Funding Agreement (MAFA). Motion passed
unanimously without any discussion.
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C.7 Discuss and take appropriate action regarding a Resolution to approve the Texas
Department of Transportation’s Local Project Advance Funding Agreement (LPAFA); and
providing an effective date.
Town Manager Emmons said the engineering firm of Teague, Nall & Perkins will be responsible for
advertising.
Motion made by Moss, seconded by Edstrom to approve a Resolution to approve the Texas Department
of Transportation’s Local Project Advance Funding Agreement (LPAFA). Motion passed unanimously
without any discussion.
C.8 Discuss and take appropriate action authorizing the Town Manager to enter into a contract
with The Management Connection (TMC) for professional facilitation and training
purposes.
Town Manager Emmons explained the Management Connection (TMC) conducted individual conferences
with the Mayor and each Council Member on January 28, to receive their input in three major areas in
order for TMC to determine solutions and professional facilitation. Emmons said we have $5,000 in the
training budget.
Motion made by Edstrom, seconded by Cates to action authorizing the Town Manager to enter into a
contract with The Management Connection (TMC) for professional facilitation and training purposes.
Council member Wilson and Cates asked if TMC would consider lowering the price to $5,000.00. Cates
questioned if this is premature with the election coming up.
Council member Wilson feels maybe Council should table the date until after the election. Mayor
Sanders feels this is a working document that will be looked at periodically and the current five Council
members are the ones with the most experience. Council member Sterling said the Council would be
developing a model for any new Council members. Mayor Pro Tem Edstrom sees both sides and said
business does not stop because of a pending election. Wilson would like the Town Attorney involved in
the training session since the Town Manager is included. Cates not in favor of going over the budget.
Motion amended by Sterling, seconded by Cates directing Town Manager Emmons to renegotiate to the
amount of $5,700.00 with expenses.
Amendment passed 4:1, with Moss voting against.
Main Motion passed 4:1, with Moss voting against.
C.9 Items for Future Agenda.
Council member Cates would like to review the Parks & Recreation Board Ordinance.
Mayor Sanders would like to Town Manager Emmons to comment when some of the Items might be
addressed. Emmons said he is waiting for a short agenda. Council member Wilson would like to review
the solicitation Ordinance.
C.10 Reports.
(a) Town Manager Emmons’ gave his report.
(b) EDC 4A Liaison, Council member Moss had no report since last meeting.
(c) EDC 4B Liaison, Council member Sterling had no report since last meeting.
(d) Parks and Recreation Director, Adam Adams gave a brief update.
D.1 Adjourn.
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Motion made by Sterling, seconded by Wilson to adjourn.
Meeting adjourned at 10:57 p.m.
___________________________________ ___________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.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)
CASE SUMMARY: The applicant, Highway 114 Prospect, Ltd., is requesting approval
of a Replat of Lot 3, Block A, Trophy Wood Business Center. The applicant is dividing
Lot 3 into two lots, Lot 3R1 (Tract 7), approximately 2.024 acres and Lot 3R2 (Tract 6),
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.
This replat will not change the zoning or use of the tracts.
CURRENT ZONING: The site is zoned as a Planned Development (PD-25). Lot 3 is
designated as Tract 6 (Lot 3R2) and Tract 7 (Lot 3R1) in the PD. The zoning and PD
concept plan for this site were approved in December 2002.
THOROUGHFARE PLAN: This commercial property located at the southeast corner
of Trophy Club has special thoroughfare requirements. Much of the PD-25 property is
located adjacent to a one-way frontage road along Highway 114. In order to ensure
adequate circulation, the Thoroughfare Plan indicates a commercial collector to extend
through the property, providing access to Highway 114 as well as the rest of the
commercial development located at this commercial node. These requirements have
been previously met by the developer when he built Trophy Wood Drive and Plaza
Drive.
COMPREHENSIVE LAND USE PLAN: This site is located within the area identified on
the Comprehensive Land Use Plan for Commercial/Professional uses. This replat
adheres to the Comprehensive Land Use Plan.
PUBLIC HEARING: Replatting without vacating a preceding plat requires a public
hearing at final authority (Town Council). As required by ordinance, a notice of Public
Hearing appeared in the local newspaper, The Trophy Club Times. The notice
appeared on February 29, 2008. Although not required, property owner notification was
sent to owners within 200-ft. of this replat.
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STAFF REVIEW: The Town Planning & Zoning Coordinator and Town Engineer have
reviewed the plat and determined that it complies with Town ordinances and regulations
as well as the obligations outlined in PD-25.
STAFF RECOMMENDATION: The Town of Trophy Club Code of Ordinances
requires the following criteria for plat approval (Chapter 12-Subdivision Rules &
Regulations, Section 3.05 Criteria for Plat Approval):
A. The Town shall approve a plat if it conforms to:
1. The general plan, rules and ordinances of the Town and its current and future
streets, alleys, parks, playgrounds, and public utility facilities;
2. The general plan, rules and ordinances for the extension of the Town and its
roads, streets, and public highways within the Town and in its extraterritorial
jurisdiction, taking into account access to the extension of sewer and water
mains and the instrumentalities of public utilities;
3. All requirements of the Town’s Subdivision Regulations and all rules adopted
pursuant to those Regulations or the Town’s Zoning Ordinance.
4. An approved preliminary plat.
As this replat complies with the Subdivision Regulations, Comprehensive Land Use
Plan, Comprehensive Zoning Ordinance and the intent of Planned Development No. 25,
staff recommends approval of RP-08-013, a replat of Lot 3, Block A into Lot 3R1 and
3R2, Trophy Wood Business Center.
PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 21,
2008, the Planning & Zoning Commission recommended approval of the replat by a
vote of 5-2. Commissioners Sheridan and Ashby voted against. Mr. Sheridan stated
that he was voting against the replat as the PD lists Tract 6 as approximately one acre
and the replat dimensions Tract 6 as .938 acres, which Mr. Sheridan felt was too large a
variation from one acre. Although not specifically stated, Mr. Ashby indicated
agreement with Mr. Sheridan. The applicant has provided a concept drawing of a one-
story building with parking and fire lanes to show that the lot is buildable per the
Planned Development.
Attachments: Application
PD-25 Development Standards and Concept Plan
Existing Plat of Trophy Wood Business Center
Replat of Lot 3 (Tracts 6 & 7), Block A
Excerpt from February 21 P&Z Meeting Minutes
Public Hearing Notification
Tract 6 (Lot 3R2) Concept Drawing
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49
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EXISTING PLAT OF PD-25
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REPLAT REQUEST OF LOT 3, BLOCK A
TO LOTS 3R1 AND 3R2, BLOCK A
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EXCERPT FROM FEBRUARY 21, 2008 P&Z MEETING MINUTES
C.2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST
FOR REPLAT OF LOT 3, BLOCK A, TROPHY WOOD BUSINESS CENTER.
APPLICANT: HIGHWAY 114 PROSPECT, LTD (RP-08-013).
Chairman Hill gave opening remarks, reviewing the staff report and explaining to the
residents present what a plat is and how plat approval takes place:
Due to the nature of the questions and concerns recently expressed by numerous
residents relative to this application for replat of Lot 3, Block A, Trophy Wood Business
Center, it appears that some residents have some confusion about the platting process.
• What is a Plat?
o A “plat” is a document filed at the County Courthouse that outlines the
boundaries (the legal description) of a piece of property. Tracts 6 & 7 are
currently platted as one lot, rather than two lots. The plat must match the
PD (Planned Development No. 25) requirements, thus the request for
“replat” so that the two documents (plat and PD) will match. The
dimensions of each tract will not change. The zoning and uses of each
tract will not change.
• Why were residents within 200 feet not notified of the Replat request of Lot 3,
Block A, Trophy Wood Business Center?
o Residential replats require publication in the town newspaper and written
notice to the owners of property in the original subdivision. Those steps
are not required for commercial replats.
• Does a Replat mean that the dimensions of Tract (Lot 3R2) are being changed?
o PD-25 lists the size of Tract 6 as approximately 1.0 acres of land. Tract 7
is listed as approximately 1.8 acres of land.
o The replat presented by the applicant shows Tract 6 as 0.938 acres and
Tract 7 as 2.024 acres. The total acreage for the two tracts is unchanged
at 2.962 acres. Those acreages are close enough to fall within acceptable
planning practices.
• Does a Replat mean that the current zoning or uses of Lot 3R2 will be changed?
o No. Zoning requests involve changing the “use” of a property whereas
“platting” a property does not change or alter the “use”. To “plat” means
that a written document is created showing the boundaries of the property
for the purpose of filing a permanent record of that property at the County
Courthouse. The plat is created by a registered public surveyor
(Registered Professional Land Surveyor for the State of Texas) who takes
an actual survey on the ground of the lot corners, angles and points of
curve and notes those on the “plat” document that must be reviewed by
the Planning & Zoning Commission and approved by the Town Council.
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The plat is then filed in Denton County as a permanent legal description of
that property.
Chairman Hill asked the applicant to explain the purpose of the replat. Brian Dench,
Engineer for the project, explained that the purpose of the replat is to add an interior lot
line to create two lots.
Chairman Hill then continued with his introduction: As to the actions that the Planning
and Zoning Commission may take this evening, we must consider the developer’s
application and base our recommendation to the Town Council on laws of the State of
Texas. Plat approval is regulated by Chapter 212 of the Texas Local Government
Code. Specifically, §212.005 states that the municipal authority responsible for
approving a plat must approve a plat or replat that satisfies all applicable regulations.”
The applicable regulations for review by the Planning and Zoning Commission and
Town Council are found in the Town's Subdivision Regulations. Section 3.05 of the
Town's Subdivision Regulations provide the following criteria for plat approval:
"A. The Town shall approve a plat if it conforms to:
1. The general plan, rules and ordinances of the Town and its current and
future streets, alleys, parks, playgrounds, and public utility facilities;
2. The general plan, rules and ordinances for the extension of the Town
and its roads, streets, and public highways within the Town and in its
extraterritorial jurisdiction, taking into account access to the extension of sewer
and water mains and the instrumentalities of public utilities:
3. All requirements of the Town's Subdivision Regulations and all rules
adopted pursuant to those Regulations of the Town's Zoning Ordinance.
4. An approved preliminary plat.
If the Commission finds tonight that the requirements of the Town's Subdivision
Regulations applicable to the pending replat application have been met, then the
P&Z must approve the replat and does not have the discretion to deny the
pending replat. If the P&Z determines that compliance with one or more of the
applicable regulations has not been attained, then the Commission will need to
specifically identify those subdivision regulations for which there is a deficiency
so that the applicant can remedy that deficiency.
To the extent that some of the residents attending this meeting may believe that
a denial of the replat is a means to affect the use for which the property has
already been zoned pursuant to PD No. 25, it should be clear that the scope of
the Commission's authority and the Commission's discretion relative to the
proposed replat is limited. If the replat failed to meet the requirements of the
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Town's subdivision regulations, and the replat were to be denied, that denial
would affect only the platting of the property and the hotel use for which the
property is currently zoned would continue to exist.
Chairman Hill called on the Commissioners for comments and questions.
Vice Chairman Stephens stated that his assumption is that this request, having been
reviewed by the Town Engineer and the Planning & Zoning Coordinator, does comply
with the ordinances and regulations and therefore he has no questions.
Commissioner Reed stated that he has no questions as this corrects what exists
already in the PD.
Commissioner Ashby is concerned about the usage of the lot that will be less than one
acre.
Commissioner Forest and Sanchez did not have any questions or comments.
Commissioner Sheridan also has a concern regarding the use of the less than one acre
lot. He would like to see an internal building line on the plat. Regarding the 30-ft. buffer
easement, he noted that the PD uses the word “yard” rather than “buffer”. He would like
to see that changed as he wishes to only see green space in the 30-ft. buffer. His
biggest concern is that Lot 3R2 (Tract 6) doesn’t have enough room for a building along
with a fire lane, dumpster, cars, etc. He stated that why he will vote against this is that
Tract 3R2 per zoning is supposed to be one acre and the applicant is bringing forward a
replat with a 6% change in the size of the tract to .938 acres which puts the property line
approximately 8-ft. over in compliance with the zoning ordinance. He feels that is
substantial.
Larry Stewart, Developer, showed a concept plan of a one-story building for Tract 3R2.
He stated that when PD-25 was originally approved they didn’t have a crystal ball to
know exactly where the lot line needed to be. They put in “approximately” to designate
acreage rather than binding it to a specific amount.
Commissioner Sheridan replied that approximately is a subjective viewpoint and he
feels that 6% or 8-ft. is more than “approximately”.
Mr. Stewart responded that from a design standpoint 8-ft. isn’t much of a difference. He
stated that they are trying for a “highest and best use” and an office pad will be placed
on Tract 6, 4,500 to 5,000 sq. ft., possibly a medical person or possibly just a general
office, but that tract was designated as office from the get-go.
Commissioner Sheridan stated that he likes that there isn’t any concrete on the buffer
zone.
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Mr. Stewart stated that he has the same point of view about “yard”. He contemplates
something green with grass in it; it will be a landscaped area.
Chairman Hill stated that in his opinion their lot sizes are a good approximation of the
values in the PD.
Commissioner Reed made a motion to recommend approval of the replat of Lot 3R1 &
3R2, Block A, Trophy Wood Business Center. The motion was seconded by Vice
Chairman Stephens.
Ayes: Hill, Stephens, Reed, Forest, Sanchez
Nays: Sheridan, Ashby
Action: 5-2, Approved
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CONCEPT PLAN OF TRACT 6 (LOT 3R2)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.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)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding the acceptance of the fiscal
year audit ending September 30, 2007.
EXPLANATION:
The Finance Department met with the Town’s Audit Committee (Ways & Means) during
a pre-audit meeting in November 2007 to present them with an audit timetable and
convey any current or pending changes to General Accounting Standards Board
(GASB) or Generally Accepted Accounting Principals (GAAP) that would affect the
ensuing audit. Both groups also discussed further involving the Audit Committee
specifically through routine email updates, initially on a weekly and then later on an as
needed basis. This process worked very well and kept all informed. We will continue
this approach and look for ways to enhance it.
RECOMMENDATION:
Accept audit.
ACTION BY COUNCIL:
(smd)
Attachments: 1. Management Letter & Internal Audit Findings (If not attached, will be
provided in an email).
2. Audit (If not attached, will be provided in an email).
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.D.3
Review and discuss Comprehensive Land Use Plan Revision Proposals
from Town Consultants.
EXPLANATION: On January 21, 2008, the Town Council discussed and considered
conducting a land use study for all commercially zoned properties. The Council directed
Town Manager, Brandon Emmons, to bring back to the Council an outline of the
process necessary to update the Comprehensive Land Use Plan (Comp Plan).
On February 12, 2008, Mr. Emmons met with Town Engineering Consultants, Teague,
Nall & Perkins (TNP) to discuss a timetable and scope of review of the Comp Plan.
TNP was directed to return a proposal for review of the Comp Plan.
The proposal(s) will be emailed to the Council on Friday, March 14, 2008.
(ch)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.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.
EXPLANATION:
Staff seeks direction from Council regarding cut-off date for pool owners to comply with
new ordinance regulations.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Ordinance
2. Compliance Permit
3. FAQ’s
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER
3 THE CODE OF ORDINANCES ENTITLED “BUILDINGS AND CONSTRUCTION” OF
ARTICLE XV, ENTITLED “SWIMMING POOLS”; BY AMENDING SECTION 15.01
“DEFINITIONS”; BY AMENDING SECTION 15.02 “APPLICABILITY AND
PROHIBITED CONDUCT”; AND BY AMENDING SECTION 15.04 (I) “DRAINING OF
SWIMMING POOLS”; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule
municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution; and
WHEREAS, on April 16, 2007, the Town Council adopted Ordinance No.2007-16, establishing
“Swimming Pool Regulations” for the Town of Trophy Club, Texas; and
WHEREAS, Town staff has recommended an update to Ordinance No. 2007-16 which is codified
in Article XV entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances entitled “Buildings and
Construction” in order to be consistent with current law and standards regulating discharges from
swimming pools and in order to protect the health, safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the need to protect
the environment; and
WHEREAS, the Town Council has determined it appropriate to amend Sections 15.01, 15.02 and
15.04 of Article XV of Chapter 3 as more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations established herein are in the best
interest of the health, safety and general welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
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2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended, so that Section 15.01, entitled “Definitions”, shall be and read in
its entirety as follows:
“Section 15.01 Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings
ascribed to them:
Aboveground Swimming Pool: A structure in which the entire construction is above ground, or
if partly above and partly below-ground, the top of the receptacle basin is at least twenty-four
inches (24”) above ground.
In-Ground Swimming Pool: A structure intended for swimming or recreational bathing that
contains water over twenty-four inches (24”) deep and has a capacity of over seven hundred
(700) gallons that is dug into the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or
receptacle set aside primarily for use by children with a depth no greater than twenty-four inches
(24”).
Non-Maintained: The failure to keep water clean, bacteria and insect free by chemical or
mechanical means.
Permitting Department: The Permitting Division of the Community Development Department of
the Town of Trophy Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or any other entity
recognized in law.
Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs
and Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a health-care
facility, designed for immersion of users and usually having a filter, heater, and motor-driven
blower. The spa is intended for recreational bathing and contains water over twenty-four inches
(24”) deep.
Stagnant: Standing or non-flowing water.
Surface Waters: Water collecting on the ground or in a stream, river, lake, wetland, or ocean.
Swimming Pool: Any structure intended for swimming or recreational bathing that is designed to
contain water over twenty-four inches (24”) deep and has a capacity of over seven-hundred (700)
gallons. This includes inground, aboveground and on-ground swimming pools. As used in this
Article the term is limited to pools which are fitted with a filter for clarifying pool water, or which
are designed to be fitted with a filter, whether installed or not. The term shall not include facilities
located inside a residence, storable pools designed for seasonal setup and use which are stored
at the end of the swimming season, or spas installed on decks or porches if a fitted hard cover
designed to prevent entry is maintained in place at all times when the spa is not in use.
Swimming Pool Filter Backwash: Normal filter backwash water from both public and private
swimming pools as well as spas with backwash filter facilities.
Unsanitary: Not free from elements, such as filth or pathogens that endanger health and
hygiene.”
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2.02 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended, so that subsections (A) and (E) of Section 15.02, entitled
“Applicability and Prohibited Conduct” shall read in their entirety as follows and all other subsections of
Section 15.02 shall remain the same:
“Section 15.02 Applicability and Prohibited Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter constructed,
erected, or maintained, and shall also apply to all existing pools and spas which have a depth
greater than twenty four inches (24”) of water at any point, except as specifically prohibited in
Subsection F. It shall be unlawful for any person to violate any provision of this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying or having supervision
or control of any swimming pool to permit the drainage of any swimming pool filter backwash
and/or spent diatomaceous earth to the storm drainage system, to surface waters, or to adjacent
public or private property.”
2.03 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended, so that Section (I), entitled “Draining of Swimming Pools” of
Section 15.04 entitled “Swimming “Pools” is hereby amended to be and read in its entirety as follows:
“Section 15.04 Swimming Pools
I. Draining of Swimming Pools
1. All backwash or drainage from a swimming pool shall discharge into the sanitary sewer
system. An indirect connection shall be made by means of an air break discharging into a
tail piece installed a minimum of 6” or 152 mm above adjacent grade. The tailpiece shall be
connected to a minimum 3” or 76 mm p-trap not less than 12” (304 mm) below grade which
discharges into the yard cleanout riser.
2. Owners of pools built or permitted prior to July 1, 2005 shall have until ________ 1, 20___
to comply with subsection 1 above or to obtain a Compliance Permit in accordance with
subsection 3 below.
3. As an alternative to meeting the requirements of subsection 1 above, Owners of pools built
or permitted prior to July 1, 2005, may obtain approval for an alternate disposal process for
all swimming pool backwash. An application for approval of an alternate disposal process
may be obtained from the Town’s Permitting Department. The Compliance Permit shall not
allow for any backwash or drainage water to be pumped or drained directly or indirectly to
adjacent public or private property, including without limitation, streets, storm sewers or
surface waters. The Compliance Permit may allow for drainage if drainage remains on the
Permittee’s property and Permittee properly disposes of all filter backwashes into the trash
as required by the Compliance Permit. Additionally, the Compliance Permit may allow for
the drainage of de-chlorinated water to the curb and gutter in accordance with the
requirements of the Compliance Permit. .
4. Failure to comply with this Section shall be unlawful and shall constitute a violation of this
Article.”
SECTION 3.
CUMULATIVE REPEALER
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This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance and Ordinance No. 2007-16. In the event that there is a conflict between the
provisions adopted via this Ordinance and those contained in Ordinance No. 2007-16, the provisions of
this Ordinance shall control and the conflicting provisions of Ordinance No. 2007-16 are hereby repealed.
Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent
with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance.
Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen
under or pursuant to Ordinance No. 2007-16, on the date of adoption of this Ordinance shall continue to
be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full
force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinance affecting swimming pool regulations which have
secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not
more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption,
Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance in the ordinance records of the Town and as required by Charter.
SECTION 9.
EFFECTIVE DATE
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This Ordinance shall become effective from and after its date of adoption and publication as
provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 17th day of March 2008.
Nick Sanders, Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 76262
Ofc: 682-831-4680 / Fax: 817-490-0705
COMPLIANCE PERMIT TO
DISCHARGE SWIMMING POOL WATER
ORDINANCE NO. 2005-15
APPLICANT’S NAME: ________________________________ PHONE: _________________
APPLICANT’S ADDRESS: ______________________________________________________
CONTACT INFORMATION: _____________________________________________________
FILTRATION SYSTEM FOR POOL: ______________________________________________
POOL SERVICE COMPANY: ____________________________________________________
Name Address Phone
By signature below, I hereby agree to comply with the provisions outlined in Town Ordinance
2005-15, which states in part:
1. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool to permit drainage of any swimming pool filter
backwash and/or spent diatomaceous earth to the storm drainage system, to surface waters,
or to any adjacent public or private property or to permit drainage of any swimming pool water
to overflow onto a neighbor’s property or to any surface waters.
2. Draining on your own property - The filter backwash water must be collected, contained
and discharged to the sanitary sewer, if available, or to a vegetated area contained within
your property, using sandbags or berms, as necessary. Cartridge filters should be rinsed in a
sink, bathtub, or over a lawn or other vegetated area. Do not discharge onto saturated soils
or areas where there has been a recent application of herbicides, pesticides, or fertilizers.
Allow sufficient area to prevent the ponding of water. Collect materials (such as spent
diatomaceous earth filter media) on a filter cloth placed over the discharge surface and then
throw the filter cloth and filter media in the trash upon completion of filter cleaning.
3. Draining dechlorinated pool water to the curb and gutter - Prior to draining pool water,
the pH level (between 6.5 and 8.5) shall be neutralized, and the chlorine or other disinfectant
residual shall be at or below 0.01 parts per million (ppm). The chlorine may be allowed to
naturally dissipate over 3 to 5 days or a chemical dechlorinator shall be added to reach the
desired level for dechlorinization. Typical pool chlorine level is 2 to 4 ppm. Discharged pool
water shall be free of any chemicals in toxic amounts, including but not limited to chlorine,
bromine, hydrogen peroxide based products, copper, silver, algaecides, fungicides, soda ash,
cyanuric acid and muriatic acid and shall be free of debris, algae, or vegetation. Pool or spa
water treated with an ionizer or mineral purifiers shall not be discharged to the curb and
gutter. If using a discharge hose to drain pool water, the hose shall be long enough to reach
the curb to prevent soil erosion. This method shall only be allowed when there are no flooding
problems on your street.
4. Drain to sewer clean-out – Residences without capabilities to drain and contain pool filter
backwash onto their property or who do not obtain a Compliance Permit, shall have their
systems retrofitted to connect to the sanitary sewer collection system via their cleanout.
_________________________________
___________________
Signature of Permit Holder Date
________________________________ ______________________
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Permitting Official Signature Date
FAQ’s - Frequently Asked Questions
¾ Is draining and backwashing a pool considered the same?
No. Draining a pool is when pool water is pulled directly from the pool bypassing the
filter system. Backwashing is when water is being pulled from/through the filter, to clean
the pool’s filter. The purpose of backwashing is to clean the filter system and remove
any contamination including the filter media, whether it is sand or diatomaceous earth.
¾ May I backwash my pool to the street?
Backwashing to the street is not allowed. Backwashing shall be sent to the sanitary
sewer by means of the cleanout usually located next to the foundation, either in the front
or backyard OR you can backwash onto your own lawn/property provided the backwash
and all of its contents remains on your property and does not run onto another’s
property, to the street or to any surface water. All filter media from backwashing shall be
bagged and put in the trash.
¾ May I drain my pool to the street?
You may drain your dechlorinated pool water to the street as long as the pH level of the
water is neutralized (between 6.5 and 8.5), and the chlorine or other disinfectant residual
is at or below 0.01 parts per million (ppm). Discharged pool water shall be free of any
chemicals in toxic amounts, including but not limited to chlorine, bromine, hydrogen
peroxide based products, copper, silver, algaecides, fungicides, soda ash, cyanuric acid
and muriatic acid and shall be free of debris, algae, or vegetation. Pool or spa water
treated with an ionizer or mineral purifiers shall not be discharged to the curb and gutter.
A compliance permit to discharge swimming pool water shall be obtained PRIOR TO
draining to the street.
¾ How would I go about retrofitting my system to backwash to the sanitary sewer?
If you currently backwash to the street and need to equip your system to backwash to
the sanitary sewer, a line will need to be installed to run directly from your pool pump to
the sanitary sewer cleanout. A direct connection to the cleanout, the house’s lateral line,
or the Town’s main sewer line is not allowed. Instead a p-trap shall be installed at the
house cleanout with a minimum 6” inch air gap between the p-trap and the pool
discharge line.
¾ I currently backwash to the street, what are of my options?
First option is retrofit your discharge line to backwash to the sanitary sewer (see above).
Second option is to backwash onto your own property (described above) Third option is
to have your pool filter system changed out to a more self-contained system that does
not require backwashing; i.e. ???.
¾ What if my pool service handles all my pool needs?
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Your pool service should be very familiar with these regulations, as most cities have
already put these practices into place. If they have additional questions, have them
contact Mary Moore, Environmental Coordinator at 682.831.4685.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.D.5
Discuss and take appropriate action authorizing staff to purchase two
inspection trucks.
EXPLANATION:
The purpose of this purchase is to adequately equip the inspectors for the public
improvement district projects. As part of the approved project cost, we charge 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. We will be able to hire a full-time
inspector and provide the necessary equipment at a significantly reduced rate from that
of an outside inspector. One of the trucks 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
our current budget.
RECOMMENDATION:
Approve the purchase of 2 ½ ton.
ACTION BY COUNCIL:
(bse)
Attachments: 1. H-GAC Contract Pricing Worksheet
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Email correspondence to Council
2. Trophy Club Performance Form
3. Evaluation Template for Town Manager
4. Evaluation Template for Town Attorney
5. Texas Municipal Clerks Evaluation
6. City of Roanoke City Secretary Performance Appraisal
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.D.7
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. Council member Cates
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park. Mayor Sanders - Council member Cates
3. Discuss and 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.
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.
5. 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
6. 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
7. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same.
8. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
9. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
10. Annual update and presentation by the Park Board. (August 4, 2008)
11. Discuss and take appropriate action 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. (4/7/08)
12. 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. (4/7/08)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.D.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 4B Liaison, Council member Sterling.
(d) Town Council report from Parks and Recreation Department.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-17-2008
Subject: Agenda Item No.E.1
Adjourn.