Agenda Packet TC 11/03/2008 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, November 3, 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. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
October 20, 2008.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. September 2008
C.1 Discuss and take appropriate action to approve an amended Interlocal
Agreement with Northwest Independent School District for School Resource
Officer services for 2008-09.
C.2 Discuss and take appropriate action nominating candidates to the Denton County
Appraisal District Appraisal Review Board.
C.3 Discuss and take appropriate action regarding the use of crosswalks going from
Summit Cove, crossing Trophy Club Drive to the Country Club.
C.4 Discuss and take appropriate action regarding an Agreement for Animal
Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian
The Animal Guy.
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C.5 Discuss and take appropriate action regarding an Interlocal Agreement between
the Town of Trophy Club and Northwest Independent School District for site
designation of Town water storage facilities, an irrevocable license for field
usage, and a proposed Real Estate Contract for sale of NISD land to Town.
A. Discuss and take appropriate action regarding the purchase of land from NISD for
the location of Town water storage facilities and a Real Estate Contract for the
sale of land to Town by NISD for that purpose.
C.6 Discuss and take appropriate action regarding an Ordinance amending Chapter
3 of the Code of Ordinances of the Town entitled "Buildings and Construction" by
adding Article XVI entitled "2003 International Property Maintenance Code"
adopting the 2003 International Property Maintenance Code and various local
amendments thereto.
C.7 Discuss and take appropriate action regarding the Citizen of the Year guidelines,
criteria and voting process and consider moving the date for submission and
selection of Citizen of the Year until May 2008.
C.8 Discuss and review existing uses and regulations for CG Zoning Districts and
provide input to staff regarding those allowed uses and regulations.
C.9 Items for Future Agenda.
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.072 "Deliberation Regarding Real Property" and Section 551.071 (1) and (2)
"Consultation with Attorney", the Council will enter into executive session to
discuss the following:
(1) Potential purchase of land at 101 Trophy Club Drive (100 Block Trophy Club Drive)
and/or additional locations within the Town for future joint Police and Fire
complex and legal advice related to potential future sites and land acquisition.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D1.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.A.2
Invocation.
Mayor Pro Tem Sterling will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
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."
Council member Strother will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.A.4
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, October 20, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated October 20, 2008
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR
THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 20, 2008 at 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, October 20, 2008. The meeting was held within the boundaries of the Town
and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Stephanie Gohlke Interim Finance Director
A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m.
A.2 Council member Strother offered the Invocation.
A.3 Council member Edstrom led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation declaring
October 20-24, 2008 as Texas Chamber of Commerce Week.
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Motion made by Wilson; seconded by Edstrom to approve the Proclamation declaring
October 20-24, 2008 as Texas Chamber of Commerce Week. Motion passed
unanimously without any discussion.
Mayor Pro Tem Sterling read the Proclamation.
Mayor Sanders presented the Proclamation to Northwest Metroport Chamber of
Commerce President, Sally Michalak. Ms. Michalak thanked the Town Council for their
support.
A.5 Citizen Presentations:
Alyssa Edstrom, 269 Oak Hill Drive – Requested the Council consider working with the
school, as in previous years in order to provide a better and more professional Fall
Festival event.
Vicki Hardy, 7 Jennifer Court – Asked the Council to approve the proposed
amendments to the Solicitor’s Ordinance.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, September 10, 2008.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, September 22, 2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, October 6, 2008.
B.4 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. August
Council member Edstrom clarified that the Council may approve the minutes even if
they were absent from a meeting.
Motion made by Edstrom; seconded by Sterling approving Consent Agenda, Items B.1
– B.4. Motion passed unanimously without any discussion.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Receive a progress report of the Highlands of Trophy Club Public
Improvement District #1 and discussion of the same.
Kirk Wilson from Centurion American Development Group was present.
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Town Manager Emmons stated that a substantial portion of the public improvements for
the Highlands at Trophy Club PID #1 is nearing completion and provided a progress
report for all of the funded items, whether completed, under construction, or proposed.
Council members Edstrom and Wilson are concerned that some of the parks’ amenities
may be cut from the projects. Kirk Wilson said that the developer has not been involved
in any discussions regarding the request to pare down any parks’ amenities.
A summary of the financial aspects of all projects shows a possible project over run of
$214,000 unless projects yet to be completed can be completed under budget. Mayor
Sanders inquired as to the interest earned on the PID funds that may be used to offset
the cost overruns.
Town Manager Emmons said that he would continue to provide reports over the next
several months.
No action taken.
C.2 Discuss and take appropriate action regarding the creation of a Trophy
Club Park Task Force.
Mayor Sanders explained that the creation of a regional task force was briefly discussed
at the last Regional Joint Meeting held with Roanoke, NISD and Westlake. It is
expected that this topic will come up again for discussion at the Regional Joint Meeting
scheduled for January.
Council member Wilson provided clarification stating this item is a result of the Regional
Joint Meeting and the discussion/dispute regarding the Park.
Council member Edstrom believes creating a Task Force his is putting the cart before
the horse and that the Town needs to first complete report from the study conducted by
Park Master Improvement Plan Committee and UNT. Edstrom said that she hoped the
other cities, who had an issue that about not being not consulted when the Town
changed the Park’s name, understood how tedious the process was and the money the
Town has spent changing all the literature. Council member Edstrom stated that the
Town of Marshall Creek never held the lease to the Park and the Town took it over to
provide something positive.
Mayor Sanders said that he does not support a Task Force and feels that Trophy Club
and Roanoke Park Boards should meet and discuss these things.
Council member Wilson stated that she intended the Task Force to meet only once to
lay all cards on the table so that all were on the same page.
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Council member Edstrom stated that a Task Force might be a consideration in the
future, but the Town needs to have the study completed and facts compiled prior to
creating a Task Force.
Motion made by Edstrom; seconded by Moss directing Town Manager Emmons to have
the Park Board make a presentation at the Joint Regional Meeting in January, providing
a brief report on the process followed to change the name to Trophy Club Park and the
direction the Town is pursuing with the Park.
Mayor Pro Tem Sterling stated that he does not support a Task Force since it creates
an additional level of government. Sterling would like to see the Park Board give a
presentation at the Joint meeting as well.
Motion passed unanimously.
Council member Moss said that the Mayor of Roanoke informed him that Roanoke will
not contribute any money to the Park unless the name is changed. Moss suggested
Town Manager Emmons and City Manager Stathatos meet and negotiate a
compromise.
Council member Wilson stated that Roanoke Mayor Gierisch has to legitimize
Roanoke’s budget line items and could not justify with the current Park’s name. Wilson
stated that Roanoke would love to contribute and provide in the recreational needs on a
regional level.
Park Board member, Dave Glaser, 15 Overhill Drive – Agreed with Council member
Edstrom and that the Town is not ready for a Task Force. Glaser said that he agreed
that the Park should be regional and that the Board should first have the facts from the
study.
Parks Board Vice Chair, Steve Gregory -205 Pebble Beach – Agreed with Glaser.
Items C.7 and C.8.were moved up.
C.3 Discuss and take appropriate action regarding an Ordinance repealing
Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled
"Peddlers and Solicitors,” of Chapter 10, entitled "Public Safety", of the
Code of Ordinances of the Town of Trophy Club, and adopting a new
Section 4.05 entitled "Approved Times for Solicitation" of Article IV,
Chapter 10 of the Code of Ordinances.
Pursuant to the direction provided at the October 6, 2008 Council meeting, the Section
4.05 Solicitor’s ordinance was revised to approve times for soliciting from 9:00 a.m. to
sunset. An alternate section has been provided to allow the time for Charitable
Solicitations and Religious Solicitations be waived.
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Motion made by Moss; seconded by Edstrom approving an Ordinance repealing Section
4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and
Solicitors,” of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the
Town of Trophy Club so that Section 4.05 Approved Times For Solicitation now states
“It shall be unlawful for any Person to conduct Commercial Solicitations before the hour
of 9:00 AM and after the hour of 5:00 PM on any day of the week. Except as otherwise
expressly provided herein, Charitable Solicitations and Religious Solicitations shall not
be conducted before the hour of 9:00 AM and after the hour of 7:00 PM on any day of
the week.“
Town Manager Emmons explained that charitable and religious groups are included in
the current Ordinance and only the time amendment is in question. If necessary,
Council may opt to discuss commercial solicitations at another time.
Motion passed unanimously without further discussion.
C.4 Discuss and take appropriate action regarding an Interlocal Agreement
between the Town of Trophy Club and the Northwest Independent School
District for site designation of the water storage facilities and proposed
Real Estate Contract.
Town Manager Emmons said that this process has evolved over the past year. The
Medlin site has a designated elevated storage on their documents that was not included
on their site plan. NISD asked the Town to move it and asked for compensation for the
property. The Town negotiated to provide football field lighting. Staff has asked the
Council to advise where the funding should come from.
Council member Moss would like an estimate of how much the operating costs will be to
light the fields.
Council member Wilson expressed concern that logistically a taxpayer is paying twice.
Town Manager Emmons explained the NISD Bond did not include lights since the field
was intended to be a practice field only. Thus the residents are not being double taxed.
The Council agreed with the option to extend after ten years, suggested striking
sections like 5.04 Dumpsters and directed Town Manager Emmons to approach EDC
4A about funding.
Council member Wilson stated that she will support moving forward with Council, but
would like to see NISD funds used for what it was intended.
Council member Strother ran quick numbers and stated that this appears to be a good
deal for the Town based on ball field construction costs. Strother suggested Town
Manager Emmons have the land appraised. Town Manager Emmons said that NISD
was already working on the appraisal.
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No action taken.
C.5 Discuss and take appropriate action to approve an amended Interlocal
Agreement with Northwest Independent School District for School
Resource Officer services for 2008-09.
Mayor Sanders made the following corrections under Section VI (Term), the Agreement
may be renewed annually for ten five (5) and Agreement may be terminated by either
party upon ninety thirty (30)
Motion made by Wilson; seconded by Edstrom approving the amended Interlocal
Agreement with Northwest Independent School District for School Resource Officer
services for 2008-09 with corrections.
Council member Edstrom would like a representative from NISD to clarify the proposed
change under the Termination section.
Council member Wilson withdrew her motion, the second agreed.
Council asked that a representative be present at the next meeting to speak to the
proposed changes.
C.6 Discuss and take appropriate action nominating candidates to the Denton
County Appraisal District Appraisal Review Board.
Staff was not aware of any residents’ interested in being nominated to the Appraisal
Review Board.
The Council requested this Item come back on November 3rd and directed Town
Manager Emmons to advertise to citizens the opportunity to be nominated to serve on
the Board.
No action taken.
C.7 Discuss and take appropriate action regarding the approval of an Agreed
Termination of the existing contract between the Town and Intermedix for
emergency medical billing services and the approval of a new contract with
Intermedix for emergency medical billing and related services.
Town Manager Emmons said that Town has utilized Intermedix for EMS Billing for the
past two years. Intermedix has asked the Town to terminate the existing contract and
renew with an upgraded system and itemized fees schedule. There will be a slight fee
increase for the new contract.
Motion made by Edstrom; seconded by Sterling approving an Agreed Termination of the
existing contract between the Town and Intermedix for emergency medical billing
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services and the approval of a new contract with Intermedix for emergency medical
billing and related services.
Motion passed unanimously without any discussion.
C.8 Discuss and take appropriate action regarding an Ordinance amending the
Town's FY 2007-08 Budget.
Town Manager Emmons stated that the purpose of this budget amendment is to ensure
that we are in compliance with budgetary guidelines. The auditors look at the Town’s
ability to end the budget year close to the original projected amount. Generally, the
Town will complete two budget amendments each year, the initial budget amendment
occurs in March and the second occurring in October after the end of the fiscal year.
Staff did not bring a March amendment to Council this year.
Motion made by Wilson; seconded by Edstrom approving an Ordinance amending the
Town's FY 2007-08 Budget.
Stephanie Gohlke, Interim Finance Director spoke to the recreation and street repairs
expense.
Motion passed unanimously without further discussion.
C.9 Discuss and take appropriate action regarding the following items
proposed by Cities Aggregation Power Project, Inc.:
A. A Resolution authorizing Cities Aggregation Power Project, Inc.
(CAPP) to negotiate and enter into an electric supply agreement for the
Town to purchase power through CAPP for its electrical needs beginning
January 1, 2009 through December 31, 2013.
Town manager Emmons recommended renewing the Resolution for five years and take
no action on B.
Motion made by Moss; seconded by Edstrom approving a Resolution authorizing Cities
Aggregation Power Project, Inc. (CAPP) to negotiate and enter into an electric supply
agreement for the Town to purchase power through CAPP for its electrical needs
beginning January 1, 2009 through December 31, 2013.
Motion passed unanimously without any discussion.
B. An Ordinance authorizing the Town's participation in the Cities
Aggregation Power Project, Inc. (CAPP) Long-Term Contract for a period
up to 24 years and requiring the Town to make a capacity payment equal to
its proportionate amount of debt service obligation for capacity under the
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Power Purchase Agreement between CAPP and Luminant Generation
Company, et al.
Town Council took a ten-minute break at 9:44 p.m.
C.10 Discuss and take appropriate action regarding an Interlocal Cooperation
Agreement for Fire Protection Services between Trophy Club Municipal
Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the
Town of Trophy Club.
Council member Edstrom pointed out two corrections under Section B. Funding; will be
is duplicated in the last paragraph and there is a 0 in front of the word boundary in the
second to last paragraph.
Motion made by Edstrom, seconded by Wilson to approve an Interlocal Cooperation
Agreement for Fire Protection Services between Trophy Club Municipal Utility District
No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club with the
correction.
Motion passed unanimously without any discussion.
C.11 Discuss and take appropriate action regarding an Ordinance denying the
request of Oncor Electric Delivery to increase rates.
Motion made by Edstrom; seconded by Sterling approving an Ordinance denying the
request of Oncor Electric Delivery to increase rates.
Motion passed unanimously without any discussion.
C.12 Discuss and take appropriate action regarding the repeal of Resolution No.
2007-15 and the adoption of a new Resolution authorizing participation in
various cooperative purchasing programs as authorized by the Town's
Procurement Policies and Procedures.
Motion made by Edstrom; seconded by Wilson approving the repeal of Resolution No.
2007-15 and the adoption of a new Resolution authorizing participation in various
cooperative purchasing programs as authorized by the Town's Procurement Policies
and Procedures.
Motion passed unanimously without any discussion.
C.13 Discuss and take appropriate action regarding the name change from
Marshall Creek Road to Bobcat Blvd and from Northwest Parkway to
Bobcat Blvd. (Previously requested by NISD.)
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Motion made by Edstrom; seconded by Sterling changing the name from Marshall
Creek Road to Bobcat Blvd and from Northwest Parkway to Bobcat Blvd as requested
by the NISD.
Motion passed 4:1 with Wilson opposing.
C.14 Receive a report regarding the State regulations for speed limit reduction
and readdress the speed limit and signage on Skyline Drive, discuss and
take appropriate action regarding same.
Town Manager Emmons and Chief Kniffen gave a brief report on the speed limit and
signage on Skyline Drive.
Council member Edstrom said that speed was not the issue but rather the line of sight
and parking.
Council member Wilson said that traffic will only increase with the development and the
speed needs to be reduced to 25 mph.
Town Manager Emmons said that a traffic engineering study would need to be
conducted in order to change the speed limit.
Council member Strother stated the challenge is if parking is eliminated, people will go
faster and asked Council to consider speed bumps. Town Manager Emmons
suggested that the Council start with temporary measures for traffic control.
C.15 Items for Future Agenda.
Council asked that the following Items be placed on the November 3, 2008 Agenda:
Discuss and take appropriate action regarding crosswalks going from Summit Cove,
crossing Trophy Club Drive to the Country Club (Wilson – 4/21/08)
An Item providing a list of businesses currently allowed under the CG Zoning
regulations for Council’s review.
The following items were added the list for future agendas:
Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08)
Discuss and take appropriate action regarding the continuation of the traffic calming
lanes along Trophy Club Drive to Municipal Drive. (Edstrom – 10/20/08)
D.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 10:25
p.m.
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______________________________ __________________________________
Lisa Hennek, 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: 11-3-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. September 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
19
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action to approve an amended Interlocal
Agreement with Northwest Independent School District for School
Resource Officer services for 2008-09.
EXPLANATION:
At their October 6, 2006 meeting the Council requested that a representative from NISD
be present to speak to the proposed change under the Termination section prior to
taking action. The following will be present to answer the Council’s question:
Executive Director of Human Resources (Kyle Copp)
Director of Safety and Security (Glenda Beam)
Security Coordinator (Mike Conklin)
Security Coordinator, Mike Conklin provided the following in an email dated October 27, 2008:
NISD has been working with other municipalities for many years in regards to having uniformed police
officers (School Resource Officers) in NISD Schools. During this time NISD has been in contract with
these other agencies that have proven to be successful for both NISD and the partnering agencies. It has
been common language in the contracts to have a 30 day termination period.
We are not asking for the assigned SRO to be terminated employment from Trophy Club. It would be the
request of NISD to replace the assigned officer with another. It is my understanding that an NISD and
law enforcement agency contract has never been terminated.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(SK)
Attachments: 1. Interlocal Agreement
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STATE OF TEXAS § Interlocal Agreement by and between
§ The Town of Trophy Club, Texas, and
§ Northwest Independent School DISTRICT
FOR
COUNTY OF DENTON § School Resource Officer Services
This Agreement is entered into upon the date of the last party's signature to this
Agreement and is between the Town of Trophy Club, Texas, a home rule municipal
corporation located in Denton and Tarrant Counties (hereinafter referred to as the
"Town"), and Northwest Independent School District, a Texas District located in Denton,
Tarrant and Wise Counties, Texas and hereinafter referred to as the "District". The
Town and District made the following findings in entering into this Agreement:
WHEREAS, this Agreement for School Resource Officer is made pursuant to the
authority of the Texas Government Code 791.001 -791.0029, known as the Interlocal
Cooperation Act; and
WHEREAS, the expense of any payments or performance required by this Agreement
shall come from current revenues legally available to the parties; and
WHEREAS, the subject of this Agreement is necessary for the benefit of the public and
the students and each party and that the performance and payment fairly compensates
both parties;
NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set
forth and for adequate consideration given, the parties agree to cooperate in securing
the placement of one School Resource Officer for the District as follows:
I.
Town Obligations
The Town agrees to provide one (1) fully qualified peace officer who will be assigned by
the Town to serve as the School Resource Officer for the Lake View Elementary,
Samuel Beck Elementary, and Medlin Middle Schools, all of which are located at the
District property in Trophy Club in Denton, County, Texas. The Town further agrees to
supply any and all necessary equipment, including but not limited to uniforms, radio,
vehicle, and personal defense equipment for the School Resource Officer. The Town
agrees to provide all of the above to the District, for the consideration provided in
sections V below.
II.
Duties of School Resource Officer
2.01. Duties. The duties of the School Resource Officer referenced in Section I above
shall include, but are not limited to, the following activities:
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A. Protecting the safety and welfare of any person within the jurisdiction of the
officer, and protecting the property of the District, as required by Texas Education
Code § 37.081 (d);
B. Patrolling school property during and after school hours;
C. Answering calls for assistance from school officials at his or her assigned
campus or as otherwise approved by the Chief of Police;
D. Making reports on criminal activities and filing of cases with proper authorities;
E. Answering calls and facilitating dispute resolution between students, students
and school authorities, parents and school authorities, or any other agreed upon
disputes;
F. Investigating alarms, both burglary and fire;
G. Answering calls for assistance with custody disputes;
H. Eating with the students several times a month in order to give the students the
chance to know the officer as a friend and not someone to distrust;
I. Presenting programs to the students and teachers, including programs on drugs,
alcohol and other important issues;
J. Meeting with the student council, or other similar groups, whenever needed or
requested; and
K. Providing testimony in student discipline conferences and hearings, as requested
by the District.
2.02. Property Damage. To the extent provided by law, the Town of Trophy Club or
it's Police Department will not under any circumstances be responsible for any property
belonging to the District, it's officers, members, agents, employees, subcontractors,
program participants, licensees or invitees, which may be lost, stolen, destroyed or in
any way damaged as result of the action or inaction of the School Resource Officer.
III.
Assignments
For the 2008·2009 school year, the School Resource Officer will serve on one of the
assigned District campuses on a daily basis as frequently as possible given the
requirements of the grant through which the position is partially funded. The grant
requires that the School Resource Officer also provide regional assistance as a Juvenile
Investigator and those responsibilities may take the officer off-campus while the
investigations are ongoing. Investigations that are not related to the requirements of the
grant may be undertaken by the School Resource Officer upon the request of the
District with prior approval of the Town’s Chief of Police.
IV.
District Obligations
The District shall provide the following: (1) Office space at Medlin Middle School; and
(2) Computer, telephone, and other office equipment as needed by the School
Resource Officer for the performance of his or her duties hereunder.
V.
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Funding/Consideration
Funding for the School Resource Officer shall be provided as follows:
In consideration of the services provided and cross promises hereunder, for the school
year of 2008-2009, the District shall pay the Town an amount not to exceed TWENTY
ONE THOUSAND TWENTY FOUR AND NO/100 DOLLARS ($21,024.00) for the
maintenance of the School Resource Officer. Notwithstanding the contribution of funds
from the District, the Town shall remain responsible for the balance of the funding
required to maintain the officer’s salary and standard Town employee benefits package.
At all times under this Agreement, and not withstanding any contribution of funds by the
District, the Town shall remain responsible for the withholding of income taxes and
Social Security, and for workers compensation, disability benefits and insurance
requirements for the School Resource Officer in accordance with the Town’s standard
employee benefits package then in existence. The Town will also ensure that the
District remains listed as an additional insured on any policy covering the officer's
activities and duties.
Funding for renewal years, if applicable, shall be negotiated by the parties and
documented in a written modification to this Agreement approved by the respective
governing body for each party hereto in accordance with the terms of this Agreement.
VI.
Term
The term of this Agreement shall be in effect for the 2008-2009 school year with an
initial term of one (1) year commencing on or about August 1, 2008 and ending on or
about July 31, 2009 (hereinafter “Initial Term”). After the Initial term, this Agreement
may be renewed annually for five (5) additional terms of one (1) year each by written
agreement of the parties approved by their respective governing bodies unless
otherwise terminated as provided herein. This Agreement may be terminated by either
party upon thirty (30) days written notice prior to the end of the Initial term or any
renewal term.
VII.
Replacement
The District may, for cause, request a replacement of the School Resource Officer.
Such a request shall be made through the Town’s Chief of Police, shall be in writing and
shall set forth the basis for the request. A replacement School Resource Officer shall
be provided as soon as possible giving due consideration for the Town’s staffing level
and time required to complete the outside hiring process as necessary. The Town shall
have the authority to change personnel serving as the School Resource Officer at any
time as determined appropriate by the Town’s Chief of Police. In the event that Town
changes such personnel for any reason other than termination of the individual serving
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as School Resource Officer, Town shall provide written notice to District of such
personnel change.
VIII.
Notices
Notice to the Town shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and address as follows:
Town Manager
Town of Trophy Club
100 Municipal Dr.
Trophy Club, Texas 76262
Notice to the District shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and address as follows:
Superintendent of Schools
Northwest Independent School District
P.O. Box 77070 Fort Worth, Texas 76117
IX.
Town Employee
The School Resource Officer shall at all times remain an employee of the Town subject
to the personnel policies of the Town and General Manual of the Trophy Club Police
Department. Subject to Section III of this Agreement, the District shall have the
authority to make decisions regarding the officer's placement and schedule while on-
duty at the District. In non-emergency situations, the District shall request authorization
from the Town’s Police Department if the School Resource Officer is needed outside of
the Town of Trophy Club or is needed to perform duties not directly related to the
requirements of the grant. Authorization must be provided by either the Chief of Police
or his designee.
X.
Governmental Immunity
Neither the Town nor the District waives or relinquishes any governmental immunities or
defenses on behalf of themselves, their trustees, officers, employees and agents as a
result of the execution of this Agreement and the performance of the functions or
obligations hereunder. Both parties agree that the services provided hereunder are
exclusively governmental functions.
XI.
Workers Compensation
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The Town shall provide, during the term of this Agreement, worker’s compensation
insurance in the amounts as required by Texas state law, for all Town employees
engaged in work under this Agreement. As to all other insurance provided by Town, it
shall provide District with documentation indicating such coverage prior to the beginning
of any activities under this Agreement.
XII.
Miscellaneous
11.01. Venue. This Agreement is made in Texas and shall be construed, interpreted
and governed by Texas laws, and venue for any disputes or actions arising hereunder
shall be exclusive in Denton County, Texas.
11.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do
not intend to create any rights or obligations other then those specifically set forth herein
and this Agreement shall not create any rights in persons not a party to this Agreement,
including without limitation, any individual serving hereunder as the School Resource
Officer.
11.03. Authority to Bind. The undersigned officer and/ or agents of the parties hereto
are properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the parties hereto, and each party hereby certifies to the other
that any necessary resolutions extending said authority have been duly passed and are
now in full force and effect.
11.04. Modifications. All modifications to this Agreement shall be in writing and
approved by the respective governing body for each party.
11.05. Entire Agreement. This Agreement embodies the complete agreement of the
parties hereto superseding all oral or written previous and contemporary agreements
between the parties relating to matters herein and, except as otherwise provided herein,
cannot be modified without written agreement of the parties as provided herein.
11.06. Non-Waiver. It is agreed that one (1) or more instances of forbearance by CITY
in the exercise of its rights herein shall in no way constitute a waiver thereof.
11.07. Severability. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants, conditions or any other part of this Agreement are for
any reason held to be invalid, void or unenforceable, the remainder of the terms,
sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions
or any other part of this Agreement shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
11.08. Independent Contractor. Each party covenants and agrees that it is an
independent contractor and not an officer, agent, servant or employee of the other
party; that subject to the terms of this Agreement, Town shall have exclusive control of
and exclusive right to control the details of the work performed hereunder and all
persons performing same, and shall be responsible for the acts and omissions of its
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officers, agents, employees, contractors, subcontractors and consultants. Nothing
herein shall be construed as creating a partnership or joint enterprise between Town
and District.
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
shown below their respective signatures.
Northwest Independent School District
_____________________________ __________________________
Title: Date:
ATTEST:
________________________________
APPROVED AS TO FORM:
________________________________
NISD ATTORNEY
Town of Trophy Club, Texas
By:_____________________________ __________________________
Mayor Nick Sanders Date:
ATTEST:
________________________________
TOWN SECRETARY
APPROVED AS TO FORM:
________________________________
TOWN ATTORNEY
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.2
Discuss and take appropriate action nominating candidates to the Denton
County Appraisal District Appraisal Review Board.
EXPLANATION:
The Board of Directors of the Denton County Appraisal District (DCAD) is requesting
candidates for possible appointment to the Appraisal Review Board for possible
appointment to the Appraisal Review Board.
As requested by the Town Council at their October 20, 2008 meeting the following was
posted to Channel 27 and included in the October 24, 2008 News and Information
Listserv:
Calling for Volunteers!
Residents interested in serving on the Denton County Appraisal District
Appraisal Review Board please contact Lisa Hennek at 682-831-4601 or
email lhennek@ci.trophyclub.tx.us to be added to the list of candidates.
Town Council will make nominations at their November 3, 2008 Council
meeting. Deadline to apply is 5:00 p.m. Monday, October 27, 2008.
Additionally, Mayor Sanders sent the following in an email dated October 26, 2008:
Dear Citizen, On November 3rd, the town council will be able to make
nominations for citizens who would like to serve on the Denton County Appraisal
Review Board. This position does include some compensation for the job and is
seasonal. If you are interested in more information on this position, you may contact
our Town Secretary Lisa Hennek or talk with Mrs. Pearl Ford (Trophy Club citizen)
who has served on the board in the past.
Nick Sanders
Mayor, Town of Trophy Club
Attachments: 1. List of citizens interested in being considered
2. Denton County Appraisal District Memo
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John Dumbleton
112 Park Lane
Trophy Club, Texas 76262
Day and Evening Number: (817) 490-0456
Joe Cristoforetti
5 Pin Oak Ct
Trophy Club, Texas 76262
Cell Number: (508) 878-8447
Home Number: (682) 237-7727
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding the use of crosswalks going
from Summit Cove, crossing Trophy Club Drive to the Country Club.
EXPLANATION:
This item is being brought forward as a result of a citizen’s request. According to the
Manual for Uniform Traffic Control Devices, it is recommended that crosswalks should
not be placed at uncontrolled intersections without an engineering study. The subject of
placing uncontrolled crosswalks on Trophy Club Drive was addressed by the Public
Safety Committee at a recent meeting. The recommendation from this committee was
to not add an uncontrolled crosswalk at this location.
RECOMMENDATION:
Take no action.
ACTION BY COUNCIL:
Attachments: 1. Crosswalk Markings
2. Image
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding an Agreement for Animal
Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/
Brian The Animal Guy.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(SK)
Attachments: 1. Agreement
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AGREEMENT FOR ANIMAL EUTHANSIA/DISPOSAL SERVICES
THIS AGREEMENT (hereinafter referred to as the “Agreement”) is made and
entered into by Brian Hall, a private contractor, d/b/a/ Brian The Animal Guy (hereinafter
referred to as Contractor) and the Town of Trophy Club, Texas, a municipal corporation,
(hereinafter referred to as “Trophy Club” or the “Town”).
RECITALS:
WHEREAS, Trophy Club is desirous of providing its residents and businesses
with animal euthanasia/disposal services, and
WHEREAS, Contractor is desirous of furnishing animal euthanasia/disposal
services to Trophy Club, and
WHEREAS, the parties hereto desire to enter into this Agreement to provide
such services at the highest level possible to Trophy Club in accordance with the terms
and conditions set forth herein, and
WHEREAS, all payments to be made hereunder shall be made from current
revenues available to the paying party, and
WHEREAS, the parties have concluded that this Agreement fairly compensates
the performing party for the services being provided hereunder, and is in the best
interest of each party.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF
WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE
FOLLOWING:
Section 1.
All matters stated above in the preamble are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
Section 2.
Term
This Agreement shall be for a term of twelve (12) months, commencing on October 1,
2008 and ending September 30, 2009, and may be extended thereafter by mutual
consent of the parties hereto for an additional term of 12 months. Any extension of the
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term of this Agreement, including any changes in the terms and conditions, shall require
the approval of the governing body of Trophy Club.
Section 3.
Scope of Services
Contractor hereby agrees to provide Trophy Club the following services:
a. Euthanasia Services: Contractor will euthanize as needed domestic animals
or wildlife. Contractor must be dispatched by a representative of the Town to
initiate the service. Contractor is a certified Euthanasia Technician by the
Texas Department of Health. This service includes disposal of the animal.
b. Disposal Services: Contractor will dispose of any deceased domestic animal
or wildlife as needed when called by the Town representative.
Section 4.
Trophy Club’s Obligations
Trophy Club agrees to perform the following:
a. Pay the following fees for euthanasia with disposal based on type and or
weight of animal:
Wildlife…………………………....$20 per animal
Adult Dog (under 30lbs.)……….$20 per animal
Adult Dog (over 30lbs.)…………$30 per animal
Adult Cat…………………………..$20 per animal
Kittens……………………………..$20 per litter
Puppies……………………………$5 per animal
b. Pay the following fee for disposal ONLY (if animal is found deceased)
Disposal only……………………….$10 per trip
Section 5.
Invoices
Contractor will invoice the Town monthly at the end of each month for services
provided. Invoice will detail date and service performed.
Section 6.
Termination:
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a. This Agreement may be terminated at any time, by either party, giving thirty
(30) days written notice to the other party to the addresses provided herein. In
the event of such termination by either party, Contractor will be compensated
for all service performed to termination date, which will be the date thirty days
from the date of the notice of termination, together with any payments then due
and as authorized by this Agreement.
b. If Trophy Club fails to make payment to Contractor within fifteen (15) days after
the date of billing for any invoiced amounts, Contractor, at its discretion, may
suspend service until payment is received. Trophy Club will not receive credit
for time which service is suspended for payment. If it becomes necessary for
Contractor to suspend services to Trophy Club for non-payment of the invoiced
amounts, Contractor will identify a date on which the services will be
suspended and will notify Town via the Chief of Police by telephone and in
writing of the date services will be suspended.
c. Trophy Club’s recourse for failure of Contractor to furnish any services under
this Agreement will be the right to make a proportionate reduction in the fee to
be paid (as determined by mutual agreement of the parties) or terminate this
Agreement by giving proper notice.
Section 7.
Notices
All written notices shall be sent to the following parties by certified mail-return receipt
requested:
Brian Hall Trophy Club Police Dept.
510 Santa Barbara Dr. Attn. Chief Kniffen
Keller, TX 76248 100 Municipal Drive
Trophy Club, TX 76262
Section 8.
Dispute Resolution
In order to ensure an effective relationship between the parties and to provide the best
possible services, it is mutually agreed that all questions arising under this Agreement
shall be handled and resolved between the City Council of Trophy Club and the CEO of
Brian The Animal Guy.
Section 9.
Jurisdiction
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By this Agreement, Trophy Club grants full and complete authorization and jurisdiction
to Contractor for all services provided by Contractor as contained in this Agreement.
Said jurisdiction shall apply to the Town limits of Trophy Club.
Section 10.
Venue
Venue for any legal dispute arising pursuant to this Agreement shall be in Denton
County, Texas.
Section 11.
Supervision/Certification
At all times during the term of this Agreement, all officers shall be under supervision
and control of a representative of the Contractor. Also, all officers must be certified in
their respective areas of expertise to carry out their duties.
Section 12.
Performance
Both parties mutually agree that the Contractor is an independent contractor, and shall
have exclusive control of performance hereunder, and that employees of the Contractor
in no way are to be considered employees of Trophy Club.
Section 13.
Indemnification
Contractor agrees to hold harmless, save and indemnify the Town of Trophy Club and
its Officers for any and all claims for damages, personal injury and/or death that any be
asserted against Trophy Club arising from Contractor negligence or its performance
hereunder, save and except intentional acts of gross negligence by Trophy Club. The
foregoing notwithstanding, the parties hereto reserve the right to all available legal
defenses and all protections and limitations of liability provided by the Texas Tort
Claims Act and the Texas Constitution relative to these parties. The provisions of this
indemnification are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity.
Section 14.
Insurance
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Contractor agrees to procure and maintain, at a minimum, a $300,000 liability insurance
policy providing coverage against any and all claims for personal injury or property
damage arising out of acts, errors, or omissions of Contractor, its officers, employees,
or agents under or pursuant to this agreement and naming Town as additional insured.
IN WITNESS WHEREOF, we have hereunto set our hands this 3rd day of November,
2008, in duplicate originals.
CONTRACTOR TOWN OF TROPHY CLUB
_______________________ _______________________
By: Brian Hall, Owner By: Police Chief
ATTEST: ATTEST:
_______________________ ________________________
By: Witness By: Witness
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.5
Discuss and take appropriate action regarding an Interlocal Agreement
between the Town of Trophy Club and Northwest Independent School
District for site designation of Town water storage facilities, an irrevocable
license for field usage, and a proposed Real Estate Contract for sale of
NISD land to Town.
A. Discuss and take appropriate action regarding the purchase of land
from NISD for the location of Town water storage facilities and a Real
Estate Contract for the sale of land to Town by NISD for that purpose.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Memorandum of Understanding (Land Exchange and BNHS Lighting)
2. DRAFT - Interlocal Agreement between the Town of Trophy Club and
the Northwest Independent School District for site designation of the water
storage facilities and Real Estate Contract. (Will be sent under separate
cover.)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding an Ordinance amending
Chapter 3 of the Code of Ordinances of the Town entitled "Buildings and
Construction" by adding Article XVI entitled "2003 International Property
Maintenance Code" adopting the 2003 International Property Maintenance
Code and various local amendments thereto.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3, ENTITLED “BUILDINGS AND
CONSTRUCTION” OF THE CODE OF ORDINANCES OF THE TOWN
OF TROPHY CLUB, TEXAS, BY ADOPTING A NEW ARTICLE XVI,
ENTITLED “2003 INTERNATIONAL PROPERTY MAINTENANCE
CODE” ADOPTING THE 2003 INTERNATIONAL PROPERTY
MAINTENANCE CODE AND VARIOUS LOCAL AMENDMENTS
THERETO; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; 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, Town staff has recommended the adoption of the 2003 Edition of
the International Property Maintenance Code, along with various local amendment
thereto into the Town’s Code of Ordinances, providing regulations governing the
conditions and maintenance of all property, buildings and structures; by providing the
standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and
the condemnation of buildings and structures unfit for human occupancy and use, and
the demolition of such existing structures in the Town of Trophy Club; providing for the
issuance of permits; and
WHEREAS, the Town Council finds it in the best interest of the public health,
safety, and welfare to adopt the 2003 International Property Maintenance Code and
those local amendments as set forth herein; and
WHEREAS, a copy of the 2003 International Property Maintenance Code and
those local amendments adopted hereby shall be included to the Code of Ordinances of
the Town of Trophy Club, Texas as Article XVI, entitled “2003 International Property
Maintenance Code” of Chapter 3 entitled “Buildings and Construction” of the Code of
Ordinances of the Town, and a copy of the same shall be kept in the Office of the Town
Secretary; and, and
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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.
AMENDMENTS
2.01. Chapter 3 of the Code of Ordinances of the Town of Trophy Club, entitled
“Buildings and Construction” is hereby amended to add Article XVI, entitled “2003
International Property Maintenance Code”, adopting the 2003 Edition of the
International Property Code and those local amendments enumerated to be and read in
its entirety as follows:
Article XVI
2003 International Property Maintenance Code
16.01 2003 International Property Maintenance Code The 2003
International Property Maintenance Code as published by the International
Code Council and governing the conditions and maintenance of all property,
buildings and structures; providing the standards for supplied utilities and
facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and governing the
condemnation of buildings and structures unfit for human occupancy and use,
and the demolition of such existing structures in the Town of Trophy Club; and
providing for the issuance of permits, is hereby adopted in its entirety and
incorporated herein by reference and is as amended by the local amendments
set forth herein. The 2003 International Property Maintenance Code and the
local amendments contained herein shall be applicable to all property located
within the territorial limits of the Town of Trophy Club and will be applicable
within the extraterritorial jurisdiction of the Town of Trophy Club as authorized
by law.
Section 16.02
The following Sections of the 2003 International Property Maintenance Code
are hereby amended by the adoption of the following local amendments which
Sections shall be and read as follows:
Section 101.1 Title The regulations shall be known as the Property
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Maintenance Code of the Town of Trophy Club,
hereinafter referred to as ‘this Code.”
Section 103.5 Fees
Fees shall be assessed in accordance with the
Schedule of Fees adopted by the Town,
including any and all amendments thereto.
Section 304.14 Insect
Screens
During the period from April 1 to September 30,
every door, window and other outside opening
required for ventilation of habitable rooms, food
preparation areas, food service areas or any
areas where products to be included or utilized
in food for human consumption are processed,
manufactured, packaged or stored, shall be
supplied with approved tightly fitting screens of
not less than 16 mesh per inch (16 mesh per 25
mm) and every swinging door shall have a self
closing device in good working condition.
Section 307
Rubbish
and
Garbage
This section deleted in its entirety.
Section 602.3 Heat
Supply
Every owner and operator of any building who
rents, leases or lets one or more dwelling unit,
rooming unit, dormitory or guestroom on terms,
either expressed or implied, to furnish heat to
the occupants thereof shall supply heat during
the period from October 1 to March 30, to
maintain a temperature of not less than 68°F
(20°C) in all habitable rooms, bathrooms, and
toilet rooms.
Section 602.4
Occupiable
Work
Spaces
Indoor occupiable work spaces shall be
supplied with heat during the period from
October 1 to March 30 to maintain a
temperature of not less than 65°F (18°C) during
the period the spaces are occupied.
Section 16.02 Penalty
It shall be unlawful for any person to violate any provision of this Article, and any
person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 3.
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CUMULATIVE REPEALER
That 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. 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 such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting accessory structures
which have accrued 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 of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor 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
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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 as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 3rd day of November, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.7
Discuss and take appropriate action regarding the Citizen of the Year
guidelines, criteria and voting process and consider moving the date for
submission and selection of Citizen of the Year until May 2008.
EXPLANATION:
The past practice for Citizen of the Year has been to announce in December and accept
nominations through the first week in January.
In 2006 and 2007, a board comprised of former Citizen of the Year recipients has
reviewed the nominations and selected the Citizen of the Year. Prior to 2006, a board
comprised of staff members reviewed and selected the Citizen of the Year.
The Citizen of the Year has been announced at a meeting in February and in
conjunction with the Founder’s Day Reception.
Staff surveyed other cities and received the following responses:
Westlake, Roanoke, Southlake, Decatur and Northlake do not have such a program and
the City of Rockdale’s Chamber of Commerce conducts the Citizen of the Year.
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.8
Discuss and review existing uses and regulations for CG Zoning Districts
and provide input to staff regarding those allowed uses and regulations.
Explanation: The purpose of the Commercial General district is to provide locations for
local neighborhood shopping and personal service needs of the surrounding area.
Commercial General zoning is designed to accommodate general retail shopping and
low intensity business or professional offices that are compatible with nearby residential
uses and which primarily provide services to residents of the community.
Hours of Operation: Commercial General district regulations limit hours of operation
from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00
a.m. and 5:00 p.m. No outside sales of any kind can be conducted, including but not
limited to truck lot, pedestrian walkway, tent or other sales.
Height Regulations: No building shall exceed 40-ft. or two (2) stories in height in CG
zoning. Any building or structure adjoining or contiguous to a residentially zoned district
shall not exceed 28 feet or one (1) story in height.
Buffered Area Regulations: CG property located adjacent to an existing residential
development requires all principal buildings and structures to be setback a minimum of
forty (40) feet from the adjoining property line. The setback area shall contain only
landscape improvements, fencing, berms or trees to provide visual and acoustical
privacy and to adequately buffer adjoining uses.
Uses: The uses allowed in the CG district are as follows: (Any use not expressly
permitted is prohibited.)
EDUCATIONAL
Children’s Day Care Center & Kindergarten
Schools, Private Business & Professional
Schools, Primary & Secondary
COMMUNITY FACILITIES
Municipal Admin, Public Service Facilities
Park, Playground, Playlots, Related Facilities
Public Safety Facilities
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Social, Recreational, Assembly Bldgs
Utility Facilities, Distribution Lines
Utility Facilities, Office
PROFESSIONAL
Accounting Office
Admin, Executive, Editorial Office
Architectural, Eng, Planning Office
Attorney’s Office
Insurance Office
Personal/Family Counselor
Physician and/or Dentist
Public Secretary
Barber, Beauty, Styling Shops
Health, Athletic Shops
Medical, Dental, Chiropractic, Optometry, etc.
Real Estate Office
Tanning Salon
Travel Bureau or Agency
Weight Reduction Studio
RELIGIOUS AND PHILANTHROPIC
Churches, Temples & Synagogues
RECREATIONAL
Private Health Club
RETAIL
Art Studio
Art Supply Store
Arts, Crafts, Hobby Shops
Bakery Shops
Bicycle Shop
Confectionary Shop
Dairy Food Shop
Dance Studio
Drug Store, Apothecary, Pharmacy
Dry Cleaners, Pick-up and Drop-off
Duplication and Mailing Service
Electrical Goods and Fixtures
Fabric and Knitting Shop
Florist
Grocery Store
Hardware Store
Household Appliance Store
Household Furnishings, Fixtures
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Ice Cream Shop
Jewelry, Watch Store
Music Store
Tanning Salon
Pawn Shop
Photograph Service & Studio
Printing, Publishing, Engraving
Sporting Goods Store
Wallpaper, Paint Store
Wearing Apparel Store
Conditional Use Permits are required for uses that typically may have some special
impact or uniqueness which requires a careful review of their location, design,
configuration and special impact to determine their establishment on any given site.
These requests go before the Planning & Zoning Commission and Town Council for
consideration. A Conditional Use Permit would be required for the following businesses
to be located in a Commercial General district:
Cultural Buildings and Facilities
Government Maintenance Building, Storage Yards
Privately Owned and Operated Playground
Radio, Television, Microwave Towers
Restaurant
Restaurant with Alcoholic Beverage Sales
Community Center (Non-Profit)
Swimming Pool, Tennis Court (Non-Profit)
Special Use Permits are designed to provide the Planning & Zoning Commission and
the Town Council with an opportunity for discretionary review of requests to establish or
construct uses or structures which may be necessary or desirable for, or which have the
potential for deleterious impact upon the health, safety and welfare of the public, for the
purpose of determining whether the proposed location of the use or structure is
appropriate and whether it will be designed and located so as to provide, minimize or
mitigate any potentially adverse effects upon the community or the other properties in its
vicinity. A Special Use Permit would be required for the following businesses to be
located in a Commercial General district:
Beer & Wine Sales (Off-Premise Consumption Only)
Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only
Current Zoning Map of the Town of Trophy Club is attached showing the location of
the two existing properties zoned “CG” Commercial General.
ch
90
91
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.C.9
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
List:
1. 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 - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with or without creating a
Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and take appropriate action regarding a Library Focus Group. (Wilson – 4/21/08)
6. Discuss and take appropriate action real estate signs and their placement on Town right of ways.
(Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D,
“Real Estate Signs”)(added at 8/18/08 Council Meeting)
7. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08)
8. Discuss and take appropriate action regarding the addition of traffic calming lanes between Trophy
Club Drive and Municipal Drive. (Edstrom – 10/20/08)
92
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.D.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.072 "Deliberation Regarding Real Property" and Section 551.071 (1)
and (2) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(1) Potential purchase of land at 101 Trophy Club Drive (100 Block Trophy
Club Drive) and/or additional locations within the Town for future joint
Police and Fire complex and legal advice related to potential future sites
and land acquisition.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
93
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
94
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-3-2008
Subject: Agenda Item No.E.1
Adjourn.
(lh)