Agenda Packet TC 07/10/2006 - Joint Workshop 1
Town of Trophy Club
Joint Budget Workshop Between the Town Council, EDC 4A, EDC 4B and Town Council
Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, July 10, 2006 at 6:00 P.M.
A.1 Town Council to call to order and announce a quorum.
EDC 4A to call to order and announce a quorum.
EDC 4B to call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Joint Budget Workshop - Town/EDCs/Ways (6:00 - 8:00)
Discuss the Fiscal Year 2006-07 Proposed Budget.
Discuss potential Economic Development Corporation 4A and Economic Development
Corporation 4B Projects.
A.5 EDC 4A and EDC 4B to Adjourn.
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
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.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
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Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Municipal Utility District:
· Upcoming Projects
D.1 Discuss and take appropriate action regarding a Resolution providing criteria and policy
guidelines for use in the selection of a depository services provider.
D.2 Discuss and take appropriate action regarding a Resolution adopting a written policy
authorizing the consideration of an application to provide depository services to the Town
from a qualified financial institution that is not doing business within the Town.
D.3 Discuss and provide input on the implementation of traffic calming.
D.4 Discuss and take appropriate action regarding award/rejection of bids received for the
Paving Rehabilitation, Joint and Crack Sealing project.
D.5 Discuss and take appropriate action to approve Minutes dated, May 8, 2006.
D.6 Discuss and take appropriate action relative to an Ordinance amending Article VIII,
"Tree Preservation and Removal", Chapter 12 of the Code of Ordinances, entitled “
Subdivision Rules & Regulations”, by amending Sections 8.03 and adding Section 8.12. D.7 Discuss and provide input regarding an amendment to Chapter 2, entitled "Public Safety"
of the Trophy Club Code of Ordinances, by amending Sections 2.05 to Article II, entitled
"Traffic & Vehicles" to prohibit parking within 20 feet of crosswalks.
D.8 Discuss and provide input regarding an amendment to Chapter 2, entitled "Animal
Control" of the Trophy Club Code of Ordinances.
D.9 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential
projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds. (8/21)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles
Ridge Phase II.
Payment Agreements with Master District for municipal annex.
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Recognition of the NISD, girl's golf and hockey teams.
Discuss and take appropriate action regarding the creation of a committee to review the Town
Charter.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
Council to discuss the procedures by which Council will move forward on Vision 2010. (8-7)
Discuss and provide input regarding an amendment to Chapter 8, entitled "Nuisances" of the
Trophy Club Code of Ordinances, by amending Sections 4.03 to Article IV, entitled
"Abandon and Junk Vehicles" (8/07)
Accepting a banking RFP on (8-21)
Consideration of enactment of Hotel/Motel Tax
Consideration of request by the Lakes of Trophy Club HOA to extend traffic laws to the private
streets located in the gated community portion of the Lakes.
Discuss and take appropriate action regarding an Ordinance on Building Standards. (8/7)
Discuss and take appropriate action regarding an Ordinance appointing a Records Management
Officer. (8/7)
Discuss and take appropriate action regarding an Electric Franchise Ordinance amendment to
require quarterly payment of franchise fees. (8/7)
D.10 Consent Agenda: Discuss and take appropriate action regarding the transfer of funds from
the Town GASB account not to exceed the amount of $1,650.
D.11 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
the Designation of Grant Officials Change Form on the Grant for the School Resource
Officer Program for the 2006-07 fiscal year.
D.12 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 22,
2006.
D.13 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 5,
2006.
D.14 Consent Agenda: Discuss and take appropriate action regarding Minutes dated, June 19,
2006.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.A.1
Town Council to call to order and announce a quorum.
EDC 4A to call to order and announce a quorum.
EDC 4B to call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.A.4
Joint Budget Workshop - Town/EDCs/Ways (6:00 - 8:00)
Discuss the Fiscal Year 2006-07 Proposed Budget.
Discuss potential Economic Development Corporation 4A and Economic
Development Corporation 4B Projects.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.B.1
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: 7-10-2006
Subject: Agenda Item No.B.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
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.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Municipal Utility District:
· Upcoming Projects
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding a Resolution providing criteria and
policy guidelines for use in the selection of a depository services provider.
EXPLANATION:
The proposed Resolution contains policy guidelines for use by the Town’s designated officer in
the consideration and recommendation for selection of one or more depository services
providers. State law specifies that when reviewing applications submitted in response to a
request for proposals for depository services, the Town’s designated officer must consider the
terms and conditions for the performance of depository services, including the type and cost of
services to be provided to the Town. The terms and conditions must be consistent with the
policy guidelines adopted by the Town Council. The designated officer will review the
applications in accordance with these guidelines and make a recommendation to Council based
upon these guidelines and the requirements specified in the Request for Proposals.
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB
RESOLUTION NO. 2006 - ___
A RESOLUTION BY THE TOWN OF TROPHY CLUB, TEXAS SETTING FORTH
POLICY GUIDELINES ADOPTED BY THE TOWN COUNCIL FOR USE IN THE
CONSIDERATION AND SELECTION OF ONE OR MORE DEPOSITORIES FOR
TOWN FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to issue a request for
proposal to establish a depository to serve the Town; and
WHEREAS, Chapter 105 of the Texas Local Government Code provides that the designated officer for
the Town shall request, receive and review applications for the performance of depository services and present
the specifications of each application to the Town Council for Council’s selection of a depository; and
WHEREAS, Chapter 105 further provides that the Designated Officer shall consider the terms and
conditions for the performance of depository services, including the type and costs of services to be provided to
the Town, consistent with policy guidelines adopted by the governing body for the selection of one or more
depositories; and
WHEREAS, the Town Council has determined that the criteria for evaluation set forth in Exhibit “A”, a
copy of which is attached hereto and incorporated herein, shall serve as policy guidelines for use by the
Designated Officer in reviewing and evaluating the terms and conditions for performance of depository
services;
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council has determined that the policy guidelines set forth in Exhibit “A” to this
Resolution, are hereby adopted as the guidelines for use in the evaluation of applications to provide depository
services to the Town.
Section 2. That the Town Manager or his designee is hereby named as the Designated Officer for
requesting, receiving and reviewing applications for the performance of depository services and for presenting
the specifications for each applicant to Town Council for approval.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the ________th day
of ___________, 2006.
Mayor
Town of Trophy Club, Texas
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[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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EXHIBIT “A”
CRITERIA FOR EVALUATION
A. The Town Council will award the Depository contract based on the Proposal
determined to be the best on behalf of The Entities and the taxpayers. Evaluation
of proposals will be made on the basis of the following objectives
Service Capabilities _25__%
Implementation effort & cost _25__%
Competitive pricing _20__%
Financial strength & stability of proposer _15__%
Fraud controls _15__%
B. Each proposal must provide the following information:
1. The amount of paid-up capital stock and permanent surplus for the Depository.
2. Audited financial statements for the most recent reporting year.
3. A list of the Depository Officers.
4. A list of the Depository Directors.
5. Ratings on outstanding debt.
6. Proposed wire transfer agreement/contract.
7. Sample account analysis and monthly statement.
8. Availability of funds schedule.
9. Any additional contracts or agreements requiring Entity approval.
10. RFP documents including fee schedule.
11. Daylight overdraft policy.
12. A copy of the current call report.
13. A statement regarding any recent or foreseen merger or acquisition.
C. Questions about the institution:
1. Is the Depository insured by the FDIC?
2. Does an independent CPA firm audit the Depository annually? If yes, by whom?
3. How does the Depository define non-performing loans and what percent of
current loans are so classified?
4. Does the Depository have any significant problems noted by regulatory agencies
in the past twenty-four months? If yes, please explain.
5. With what money center Bank does the Depository have its primary
correspondent agreement? What is the Comptroller of the Currency’s rating of
this institution?
6. Name the Bank Holding Company with which the Bank is associated (if
applicable) and describe the legal and financial relationship between the
institution and such holding company or parent.
7. Is the Institution a branch or will it soon become a branch Bank? If so, please
indicate which services will be provided from the Bank’s present location and
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which will be provided from the main Bank. Also, please indicate service
locations throughout the proposal where applicable.
8. Indicate the Depository’s capital to assets ratio for the last five years.
9. What was the Depository’s return on assets for 2005?
10. Please describe the process by which service problems can be resolved. What
person or organizational unit is available for complaint or problem resolution?
D. Depository shall perform all duties and meet all conditions legally required to act as
the Depository for The Trophy Club Entities. Therefore, the Depository shall:
1. Keep the municipal funds covered by the Depository Agreement;
2. Perform all duties and obligations imposed on the Depository by law and under
the Depository Agreement;
3. Pay on presentation all checks drawn and properly payable on a demand deposit
account with the Depository;
4. Pay all transfers properly payable as directed by a designated officer of the
Entities;
5. Provide and maintain security at the level required by Chapter 2257, Government
Code as amended; and
6. Account for the municipal funds as required by law.
E. All proposals must include a completed fee schedule in the form provided in the
Request for Proposals. Once selected as the depository, no additional or increased
fees for services in the fee schedule may be charged during the initial contract
period.
F. Services may be modified by mutual agreement; however, the Town may
discontinue any service (and terminate the Depository Agreement) after sixty (60)
days’ written notification to the Depository. Services may also be added, with costs
of new services to be billed at the Depository’s published rate at the time.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a Resolution adopting a written
policy authorizing the consideration of an application to provide depository services
to the Town from a qualified financial institution that is not doing business within
the Town.
EXPLANATION:
The proposed Resolution is presented to allow Council the option of considering outside
financial institutions as a provider of depository services if those outside entities have a qualified
office or branch located within ten (10) miles of the Town Hall. In considering applications
submitted in response to a request for proposal for depository services, state law does not allow
the Town to consider the application of any financial institution if that institution does not do
business within the municipality unless the Council first adopts a written policy expressly
permitting the consideration of entities that do not do business within its boundaries. The
Council may adopt the policy allowing the consideration of outside financial institutions after
taking into consideration what is in the best interest of the Town in establishing a depository.
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB
RESOLUTION NO. _______
A RESOLUTION BY THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING A WRITTEN POLICY AUTHORIZING THE
CONSIDERATION OF AN APPLICATION OF A BANK, CREDIT
UNION, OR SAVINGS ASSOCIATION THAT IS NOT DOING BUSINESS
WITHIN THE TOWN AS A QUALIFIED INSTITUTION TO PROVIDE
DEPOSITORY SERVICES TO THE TOWN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to issue a
request for proposal to establish a depository to serve the Town; and
WHEREAS, Chapter 105 of the Texas Local Government Code allows the governing
body of a municipality to consider the application of a bank, credit union, or savings association
that is not doing business within a municipality to provide depository services to the Town as
long as a written policy expressly permits the consideration of outside entities; and
WHEREAS, the Town Council has determined that allowing qualified financial
institutions that do not do business within the Town of Trophy Club to make application for and
to provide depository services to the Town will increase competition and provide a broad array
of banking services and benefits to the Town; and
WHEREAS, having considered the best interests of the Town in establishing a
depository, the Town Council of the Town of Trophy Club, Texas determines it to be beneficial
to allow the consideration of a financial institution that is not doing business in the Town as a
potential depository; and
WHEREAS, the Town Council desires to establish a written policy in order to allow the
consideration of the application of a bank, credit union, or savings association that is not doing
business within the Town to serve as a depository for Town funds; and
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council has determined that due to a potential for increased
competition and diversity of banking services, the best interest of the Town are served by
opening the depository services request for proposal process to qualified financial institutions
that do not do business within the Town of Trophy Club.
Section 2. This resolution shall serve as the written policy expressly permitting the
consideration of applications from banking institutions that do not do business within the Town
of Trophy Club but that have a qualified office or branch located within ten (10) miles from
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Town’s main office to provide depository services to the Town pursuant to Chapter 105 of the
Texas Local Government Code, as amended.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the
________day of ___________, 2006.
Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.3
Discuss and provide input on the implementation of traffic calming.
EXPLANATION:
Staff to provide the plan for the implementation of traffic calming on Indian Creek and receive
Town Council input.
ACTION BY COUNCIL:
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Attachments: 1. Diagram of overall project
2. Diagram of the Skyline Intersection
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding award/rejection of bids received for
the Paving Rehabilitation, Joint and Crack Sealing project.
EXPLANATION:
The Town recently went out for bid for the 2006 Pavement Rehabilitation - Joint & Crack
Sealing project. The bid opening occurred on Wednesday, July 28th at 2:00 pm. We received
only one (1) bid, and a copy of the pricing portion of the bid is attached for your review. We
will investigate the company and the appropriateness of their unit pricing in order to make
recommendation to Council to accept or reject the bid at Monday night’s meeting.
Funding for this project is provided in the Town Street Repair line 103-60205-043, which had a
projected budget balance of $108,972 on June 27, 2006.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Bid Proposal from Concrete Penetrating Co.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action to approve Minutes dated, May 8, 2006.
EXPLANATION:
This item was not placed on the Consent Agenda, as the Public Hearing occurred prior to
Council members Lamont and Sterling took office. Council members Lamont and Sterling will
have to abstain from voting.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated May 8, 2006
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MINUTES OF PUBLIC HEARING AND SPECIAL SESSION OF TOWN
COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 8, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, April 8, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Acting Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Acting Police Chief
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning and Zoning Coordinator
Gene Hill Planning and Zoning Chairman
Karen Mitchell Mitchell Planning
Thomas Rogers Mitchell Planning
Tom Rutledge Teague, Nall and Perkins
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Pastor Joel Quile of Lake Cities Church of Christ led the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Council member Williams led the pledges.
Mayor Sanders opened by explaining the procedures of the Public Hearing and the rules of priority, decorum, and
good conduct to be observed throughout the meeting.
Mayor Sanders introduced Don Allen of DR Horton, Jeff Beck, Scott Beck and Jarod Beck of Beck Properties and Doug
Howe of ClubCorp, Jim Wiegert and Kyle Saleman of Carter and Burgess and Scott Booth with Innovative
Transportation Solutions.
PUBLIC HEARING OPENED AT 7:15 PM
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PUBLIC HEARING
C.1 Consider:
An application from Carter & Burgess on behalf of D.R. Horton requesting a change of zoning on certain tracts of
land consisting of approximately 697.4 acres located generally to the north of Oakmont Drive, Oak Hill
Drive and the Quorum Condominiums, east of The Lakes Subdivision and Parkview Drive, south of the
Corps of Engineers property, and west of the Town's eastern town limit from its current zoning of .02 acres
MH - Manufactured Housing, 478.9 acres R-12 - Single Family Residential and 218.3 acres R-15 - Single
Family Residential, to PD Planned Development No. 27, the Highlands at Trophy Club.
Mayor Sanders called on Planning and Zoning Chairman, Gene Hill for his report.
Mr. Hill began with a brief history, stating that fourteen months ago Town staff and residents were informed that DR
Horton was to acquire undeveloped land in the northern area of Trophy Club, from Beck Properties. Mr.
Hill touched on the initial discussions between DR Horton representatives and Town Staff regarding a
preliminary submittal of a project then known as Trophy Club Village PD, currently identified as the
Highlands of Trophy Club, advising that DR Horton’s initial documentation for this project was submitted
as a request for an amendment to Trophy Club’s Comprehensive Land Use Plan. Mr. Hill stated that DR
Horton’s original submittal proposed a maximum of 3,000 residential and accessory unit lots and an overall
density of 4.68 units per acre for the PD area, with a maximum lot size of 8,000 square feet. Mr. Hill
reported that the Commission deemed multiple features of this submittal unsuitable and that directions were
given to the applicant to reduce overall density, add larger lot types, make numerous changes to the land
use plan and address specific concerns expressed by P&Z.
Since November 2005, the Commission has conducted nine public sessions with the applicant, and through these
efforts lots of 10,000 and 12,000 square feet have been incorporated into the PD proposal equal to 44% of
the total lots, and lots of 4,400 and 6,000 square feet have been eliminated from the PD proposal. The
proposed townhome site will be a gated community neighborhood with a maximum of 171 lots, equal to
11% of the total, and have its own amenity center. The maximum number of lots in the PD proposal will
be 1,597 and a gross density of 2.3 units per acre has also been achieved.
Mr. Hill continued, stating that a comprehensive concept plan map of the Highlands of Trophy Club development
providing a guide to the distribution and locations of lots and streets was prepared. Mr. Hill stated that a
traffic impact analysis was developed to assess future impact of the proposed development on the Town’s
traffic flow. Mr. Hill reported that the Commission obtained numerous changes and additions to the PD
documentation to clarify and codify development and design standards for the entire PD district, including
recommendations from a public hearing held on April 26, 2006, that were agreed to by the developer and
are included in the packet, (page 11 – 13 of May 8, 2006 Packet.)
Mr. Hill spoke to the many changes that were developed with the cooperation and coordination of Don Allen of DR
Horton and the Carter and Burgess Engineering Firm. Mr. Hill announced that after due diligence, several
months of effort and serious consideration, by a vote of five in favor and one opposed, the P&Z
Commission recommends that the request of PD-27, the Highlands of Trophy Club, be approved.
Don Allen, Director of Land Acquisition Development for the DFW West division of DR Horton,
presented the proposed plan. He reported on different elements of the development,
spoke to the zoning components and showed a video of the DR Horton home. The video
showed a variety of the homes with clips from the interior and different price points all
under the DR Horton name and the custom and luxury homes they foresee building in
Trophy Club.
Karen Mitchell, Mitchell Planning Group reported that this property consists of approximately 697.4 acres abutting
the golf course, the Army Corps of Engineers property and existing developments within the Town of
Trophy Club. Ms. Mitchell continued that this vacant, undeveloped property is under single ownership and
comprises a majority of the remaining undeveloped property in the Town, that there are approximately 115
acres of land within the area being rezoned classified as floodplain and/or flowage easement, and that there
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are five (5) gas well sites located within this proposed development. Ms. Mitchell commented that the
current submittal, dated April 28, 2006, indicates a gross density of 2.3 units per acre and net density of 2.8
units per acre and that the overall density of the development does not exceed 3 units per acre. Ms.
Mitchell concluded that it is the opinion of the Town’s Planning Consultant that the proposed development
lies within the nine density limits outlined in the Comprehensive Plan and a Comprehensive Plan
amendment is no longer warranted.
Community Development Director, Beth Ann Gregory, addressed two specific areas of the applicant’s submission,
streets and traffic. Ms. Gregory stated that with regard to streets, the applicant’s submittal meets Town
standards for all the roadways that are currently addressed in the Town’s Design Standards. The road types
that are not addressed in the current design standards include a single loaded one-way court and an alley,
which, with the elimination of the 4,400 and 6,000 sq. ft. lots, would be restricted to Lot Type 5
(townhomes) and that the applicant has agreed to the requirements recommended by Town staff and
engineers for these roadway types. Ms. Gregory continued that with regard to traffic, it should be noted
that the Traffic Impact Analysis the applicant conducted, considers the development upon completion and
its impact on our roadways. As each phase comes before the Planning & Zoning Commission and Town
Council for platting, the applicant will be required to submit an updated Traffic Impact Analysis and
provide for any required improvements that will be needed to handle the traffic created by that phase.
Decisions will be made as to the exact design of any improvements at that time. Ms. Gregory spoke to the
type of improvements that would be made to the Trophy Lake and Trophy Club Drive intersection with
some options of a roundabout or realignment with traffic signal, stating that during the platting phase, the
developer would be required to submit those proposed improvements to the Town with the supporting
documentation to justify how they will best address the traffic. Ms. Gregory concluded that both the civil
and traffic engineers were present to answer any specific questions the Council may have.
Parks and Recreation Director, Adam Adams advised that the 1,597 lots proposed by DR Horton, require a Parkland
dedication. Mr. Adams mentioned that of 36.3 acres designated, the total amount of active parkland
proposed by Horton, is 26 acres. The other seven acres comprise what is now the Beck Park Baseball field.
They have requested that these acres be given active parkland credit as opposed to passive and that the total
amount of scenic and passive dedication by Horton is 115 acres. Mr. Adams continued that allowing for
passive acres to be given at a three to one ratio, the total acreage donation would be 64.7 acres, exceeding
the required amount by 28 acres. Mr. Adams commented that DR Horton has agreed to install an
interconnecting trail system throughout the development, including a segment that will run through the
largest portion of scenic area into Marshall Creek Park, and that the approximate linear footage of these
trails totals 27,000 linear feet. Mr. Adams said that the Active area proposed next to the existing pool and
across the street from Independence Park will address the requested future field needs of the Soccer
Association, as well as create an opportunity to provide land for peewee football. The minimum park
improvements required from the developer are the grading and clearing of unwanted vegetation which will
be determined by the Town. It will be the developer’s responsibility to provide water and sewage to the
sites and each park must also have ready access to a public street.
Mayor Sanders announced the start of public input, reminding the audience that the Rule of Alternates would be
used and that people would be allowed to speak for three minutes.
The following residents submitted letters that the Mayor read:
Paul and Rexanne Merritt, 21 Monterey Drive - For
George Roberson, 306 Skyline Drive - Against
Rick Cally, 231 Oak Hill Drive - For
The following addressed Council:
Rufus Nicholson, 235 Oak Hill Drive - Against
Jim Moss, 979 Trophy Club Drive - For
Bob Hill, 8 Meadow Ridge - Against
Wendy Hill President of Trophy Club – Roanoke Soccer Association - For
Larry Tatarowicz, 217 Fresh Meadow - Against
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Marc Bartels, 235 Oak Hill Drive - For
Terry Clark, 230 Oak Hill Drive - Against
Doug Howe, 3030 LBJ Freeway - For
Merle Stuchell, 2 Cypress Court - Against
Greg Lamont, 15 Avalon Drive - Against
Bill Matthai, 500 Indian Creek Drive – For
Barry Clark, 230 Oak Hill Drive - Against
Clayton Reed, 23 Timberline - For
Ms. LC Crowley, 410 Lakewood Drive – Neutral
Paula Johndrow, 112 Lakeshore Drive - Against
James Stephens, 115 Rolling Rock Drive – For
Frank D. Kalb, 20 Hideawy Court - Against
James Wilson, 410 Lakewood Drive - Neutral
Steve Smith, 305 Lakewood – Neutral
Barbara Glaser, 15 Overhill - Against
Scott Atwater, 104 Rolling Rock Drive - For .
David Glaser, 15 Overhill - Against
Fred Schnieder, 123 Carnoustie – For
Stu Herigodt, 9 Avenue Twenty – Against
Steve Smith, 305 Lakewood, Neutral
Bill Rose, 219 Inverness, Against
Scott Briggs, 17 Meadowbrook Lane - Neutral
Randy Lane, 29 Ridgewood Drive – Against
Bill Armstrong, 18 Avenue Twenty – Against
Mike Hubbard, 4 Avalon Drive – Neutral
Jim Boen, 102 Park Lane – Against
Steve Stamos, 530 Indian Creek – Against
Mayor Sanders called a ten-minute recess at 10:00 P.M.
Public Hearing reconvened at 10:12 P.M.
Pearl O. Ford, 2 Spring Creek Court - For
Tony Harvill, 406 Lakewood Drive -
Philip Sterling, 33 Alamosa Drive – Against
Lynda Sanders, 1 Michelle Court – For
Sandra Johnson, 237 Oak Hill – Against – Ms. Johnson left prior to addressing Council, Mayor Sanders read her note.
Bijan Nowroozi, 22 Ridgewood Drive – Against
Babara Kadow, 322 Village Trail – Against
Larry Miller, 12 Hideaway Court – Against
PUBLIC HEARING CLOSED D AT 10:49 PM
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
At 10:55 P.M., Mayor Sanders informed the Council that according to Ordinance 2006-03, Rules of Procedure, a
motion to extend the meeting past 11:00 P.M. is required.
Mayor Sanders spoke to Ms. Kadow’s concern regarding the Elementary School, stating that approximately seven
months ago there was an elementary school in the plan, however, to date, negotiations between Horton,
Beck and the School District have not occurred, therefore it is inappropriate to show a school district on a
piece of property that is potentially being rezoned. Mayor Sanders did state that discussions with the
Superintendent and Finance Director had occurred and if the development happens, they plan on having
another elementary school, depending on the demographics of children.
29
Regarding the talk about other infrastructure not shown in the plan, Mayor Sanders commented that it is not
customary at this point, in a zoning request to show all of that detail. Mayor Sanders advised that there is a
detailed plan for a road to go north on the school district property and head northwest over to Hwy 377.
Mayor Sanders continued that we do not own this road, but after the last Denton County Bond Election,
there is $900,000 for this road and that DR Horton has pledged $400,000, leaving us $400,000 short.
Mayor Sanders confirmed that there is currently no plan for the continuation of Hwy 114 and that this is not a
budgeted expense for TXDOT at this point. Mayor Sanders announced that he would be attending a Metro
Cities Partnership meeting the end of May, which has been scheduled to address the concerns with Hwy
114.
Mayor Sanders spoke to the suggestion of resident’s surveys, stating that experience shows very poor participation
and response. Mayor Sanders addressed the suggestion of a referendum, explaining the current provisions
governed by the Charter support only for a binding referendum, which he would not recommend on future
development. Mayor Sanders continued that the Charter could be amended in the next election on
November 7, 2006, which is just days shy of the Charter being in effect for two years.
Mayor Sanders responded to the question about sidewalks, stating that the Ordinance recently passed that includes
sidewalk requires for all new construction, unless granted a P&Z exception.
Mayor Sanders spoke to the comments about the lack of details, commenting that this is a zoning request the details
will be presented with platting, in additional public hearings with both the P&Z Commission and Town
Council.
Mayor Sanders thanked the residents for addressing their concerns with the Town Council and for specifics, as these
details will help Council better understand how to proceed.
Council member Edstrom made a motion to extend the meeting. Council member Williams seconded, the motion
passed unanimously.
Mr. Allen advised that the issues with Hwy 114 would need to be addressed regardless of development occurring.
DR Horton will support TXDOT to help address these traffic issues. Mr. Allen stated that the Hwy 377
access road is critical to the Town and DR Horton has access funds to contribute to this road and are
committed to getting this road built.
Mr. Allen noted that in addition to the Town receiving the Parks DR Horton would also donate the title to the land
behind Tom Thumb.
Mr. Allen responded to the question about the application submittal, clarifying that the property owner, Mr. Beck,
signed the application.
Mayor Sanders suggested the Council move into a Committee as a Whole, defining this as the designation of all of
the members present, in order to have unlimited debate and function informally.
Mayor Pro Tem Cates made a motion that action be considered in a Committee as a Whole. Council member Foley
seconded. Council member Edstrom requested that the Chair guard the request for the speakers to converse
back and forth without unnecessary comments from the audience. The motion passed 3:1, with Mayor Pro
Tem Cates and Council members Edstrom and Foley voting for and Council member Williams opposing.
Scott Booth of Innovative Transportation Solutions reported results from the traffic study. Mr. Booth responded to
resident, James Stevens question regarding the planning for Hwy 121, resident, Bill Armstrong’s concern
of the impact that may result with Trophy Club Drive only being one lane on either side and resident, LC
Crowley’s question about the expected wait time taking a right onto Hwy 114, going west of Trophy Lake
Drive.
30
Resident, Larry Tatarowicz questioned what the traffic impact would be when the rumored shopping center is built
on the other side of Westlake. Ms. Gregory responded that all of Hwy 114 is controlled by Westlake. The
Town has input with TXDOT on those intersection and controls and to date the anchors that would require
this have not been secured.
Mayor Sanders clarified that Westlake has not received any submittals at this time.
Council member Williams commented that rooftops are needed in order for the Town to have a viable retail area.
Council member Edstrom mentioned the five-year rollback and requested that Interim Town Manager, Roger Unger
provide numbers. Mr. Unger advised that the Town can go back five years and charge it at the market
value today at our tax rate form the point that dirt is first moved; rollback should be approximately one
million dollars on 17 acres.
Resident, Jim Wilson questioned if Horton would consider joining the MUDs rather than having their own PID. Mr.
Unger answered that we are currently working through a process where an impact fee will go directly to the
MUDs to allocate.
Mr. Allen added that no final decisions have been made, that Horton would like to get past zoning first and then start
discussions regarding Public Improvement Districts or MUD.
Resident, Clayton Reed’s questioned that new residents would be paying more for water than the other residents.
Mr. Unger explained that this would all be worked out in the negotiations and in the developer’s agreement.
Resident, Kathleen Wilson confirmed that there would be opportunities to have a meeting with the Council, MUDs,
and specialists to determine what is best in Town.
Council member Edstrom read an opening statement, recapping the history, events and publications going back to
DR Horton’s initial submittal. Edstrom also commented to the confusion created by the dissemination of
inaccurate information. Edstrom requested that the following be record; it was conversed during the break
that the Gravel Park and light at Harmony Park will be included in the Parks Dedication as well as the
small piece of land adjacent to it. Edstrom referenced the Joint Use Task Force currently working with the
School District to build a library and confirmed that the repetition of house design would be every five
houses.
Mayor Pro Tem Cates requested that the repetition of every fifth house also be addressed behind the houses.
Council member Foley complimented P&Z for a very good job working with DR Horton and helping get this
proposal to this stage. Foley stated that she would still like to see the golf course lots a little larger and the
open areas around the green spaces.
Mayor Sanders asked that Mr. Allen address the concerns regarding lots sizes around the golf course, Communities
2, 3, 4 and 6. Mr. Allen suggested that we add a caveat to the lots that back to the golf course; requiring
that they be an additional 1,000 – 1,200 square feet larger their base zoning category, that they have a
minimum of 10 foot side yards and that the rear yard be at least 35 feet.
Mr. Allen agreed to Mayor Pro Tem Cates request to make all of Community 2, 10,000 sq ft lots, with the
exceptions of some of the corners.
P&Z Chairman, Gene Hill stated that this discussion slipped way beyond zoning and that Council is trying to make
platting out of a zoning map. Hill added that DR Horton will have to go through platting and the lot
specifics will be addressed in a preliminary and final, during the platting process.
Mayor Sanders asked about the difficulty of designing a front entry garage from a 7200-foot lot. Sanders agreed
with Council member Foley, that a patio home is valuable to a homogenous community. Sanders mention
that due to the cost of maintenance, Council has indicated that they do not want a lot of pocket parks, that
31
the concept behind a PID is not for any amenities, such as parks and green spaces, unless one considered a
Fire Department or water an amenity.
Don Allen responded to front entry garages; the PD was created with a variety of staggered setbacks, which
mitigates the appearance of the same thing. Don Allen said that he could find a way to make the lots in
neighborhood 7 8400 square feet.
Council member Edstrom asked that porte-cochere to be defined. Don Allen clarified for the record; a porte-cochere
is part of the house.
Council member Edstrom confirmed that the caliber trees comply with the Tree Ordinance.
Mayor Sanders is concerned that the garage set back of 20-26 feet is too shallow for front entry garages. Don Allen
clarified that this is from the right of way.
Mayor Sanders asked about the spacing between trees on the medians on Indian Creek and Trophy Club Drive.
Adam Adams responded that currently, most of the trees in the medians are very old and large and have to
be almost completely sheered; the spacing on the medians are specked pretty tight and can actually go
wider.
Mary Simpson, 6 Winstead Court, stated that 50 feet between the trees is a great distance when you are talking about
a 3-inch caliber tree and due to this spacing, you will not even notice that there are trees in the median.
Adams suggested staggering the planting and dropping the spacing to 35 feet.
Mary Simpson also expressed concern about the decorative hardware on front entry garages. Don Allen clarified
that the point was to have a variety, therefore offering options.
Council member Edstrom stated that the detail would come in the platting, which residents may address during the
during the platting phase.
Mayor Pro Tem Cates questioned if the gas lines compare with our current 1,000 feet. Gene Hill responded that the
gas lines have been laid in the right of way, on the south side of Trophy Club Drive and that the criteria for
the quality of pipe has been addressed by PPI.
Mayor Sanders asked if the river walk was still included in the plan and what controls are in place for the drainage
areas. Kerin Fleck responded that flowage easements would be dealt with during platting. Don Allen no
longer foresees the river walk, however there is intent to build a pathway.
Mayor Sanders is concerned about the water currently going into Turner Lake that runs under the bridge will flow
into Trophy Club when and if the retail is built at Circle T. Tom Rutledge with Teague, Nall and Perkins
responded that the Town previously requested that the City of Westlake not increase the flow down stream
into Trophy Club.
Mayor Sanders asked if monumentation or nice vegetation had been considered for gas well site 8H, at the corner of
Trophy Club Drive and Marshall Creek Road, Community 2. Scott Beck advised that the lease dictates the
operator, Encana, build a wall and the Town would have the option to change this requirement during the
platting process. Gene Hill added that the operator would also need to landscape and irrigate around the
wall. Don Allen confirmed that the wall is a split faced wall and is pretty innocuous.
Council member Edstrom requested for the record that the Town Attorney, Patricia Adams to respond to the
incorrect statements made by citizens about the question of the legality of application submittal and conflict
between two Council members.
Patricia Adams counseled that the Town’s ordinance requires the owner to have a statement that the applicant is the
agent or representative of the owner and that the form provides a place to identify the owner and the agent.
The application that was submitted identifies Carter and Burgess as the representative of both DR Horton
32
Homes and Jeffrey Beck of Beck Properties and that subsequent to the receipt by the town of the
application, the Town on September 30 sent a letter to Carter and Burgess acknowledging the receipt of
their application as the agent for Carter and Burgess and Beck Properties evidencing staff's understanding
of the identity of the applicant.
Patricia Adams also advised that Chapter 171 of the Local Government Code regulates and requires a substantial
interest in a business or real property. In order for a Council member to be required to abstain, the benefit
received must be a special economic benefit distinguishable from the effect on the public. A referendum of
a zoning ordinance is only authorized upon the adoption of the initial zoning or a repeal of a zoning
ordinance in its entirety. A referendum is not supported by the facts in this case and the general
referendum language in the charter is controlled by the specific language in the ordinance.
Pearl Ford, 2 Spring Creek Court questioned if a PD can be subject to the referendum? Patricia Adams advised that
section 211 of the Local Government Code, a Home Rule City could have a Zoning referendum. There is a
sub-section of 211 that provides the section on referendum, on Zoning Ordinances for the repeal of a
zoning ordinance. There is also a case the Supreme Court ruled that you cannot use this section to rezone
individual parcels of land, it is for zoning when starting or zoning for a brand new area that has not been
zoned before, which are not our facts.
Bill Rose, 219 Inverness, read section 7.03 of the Town’s Charter, “Qualified voters of the Town may require that
any ordinance or resolution passed by the Council be submitted to the voters of the Town for approval or
disapproval by submitting a petition for this purpose within forty-five (45) days after the ordinance or
resolution becomes effective.”
Patricia Adams responded that we have general provisions in our Charter and the specific will govern the general, it
is a rule construction, there is very specific law on referendums on zoning cases and that is going to control,
as our Charter must be consistent with State Law.
LC Crowley, 410 Lakewood Drive, questioned the zoning requirements for the high-pressure lines. Don Allen
responded that these are not high-pressure gas lines but rather collection lines for the wells that have been
built in this area.
Larry Tatarowicz, 217 Fresh Meadow, commented that when Perot wanted to take over Westlake it was all about the
MUDs and suggested that Council table the decision for a later date.
Council member Williams made a motion to come out of the committee of a whole. Council member Edstrom
seconded the motion; motion passed unanimously
C.2 Discuss and take appropriate action regarding C.1.
Council member Williams made a motion to approve, with the changes as discussed, moving section 2 to 10,000
square foot lots, section 7 to 8400 square foot lots and to make the changes around the golf course that Don Allen
suggested. Council member Foley seconded.
Mayor Sanders clarified that the same floor plan, with the same elevation shall be separated by a minimum of six
lots on either side of the street and by a minimum of three lots on the opposite side of the street, or directly
behind.
Council member Edstrom asked that the Developer and P&Z Coordinator draft language for the motion.
At 1:11 a.m. Mayor Sanders called a five-minute break.
Mayor Sanders called the meeting back to order at 1:17 a.m.
33
Kerin Fleck read the following, “The same floor plan with the same elevation shall be separated by a minimum of
four lots between them on the same side of the street and by a minimum of two lots between them on the
opposite side of street, with no two elevations located on an adjacent lot directly to the rear.”
Council member Williams repeated his previous motion to include the changes to 2 and 7 and to the changes agreed
to around the golf course lots and to incorporate the new language on the duplication of homes, to include
the clarification made by Karen Mitchell, under the P&Z recommendation, item 12, that a preliminary plat
can constitute the detail site plan for residential if it is for non-residential, they would still need to come in
for a detailed site plan and to add ‘or’ between 1, 2 and 3, on page 55 under Garages and to insert ‘and at
least one of the following’ in front of #4, Architectural enhancements to garage doors, which can include
decorative hardware, decorative windows, or panel detailing. Council member Foley who had seconded
the motion agreed with the modifications to the original motion.
Council member Williams stated that although there was a lot of discussion, this was the beginning, and that the
actual details would be addressed in the platting.
Council member Edstrom said that the discussion and input from the residents was necessary and helped remove
ambiguity, that this was just the beginning. Edstrom encouraged residents to continue helping the Town through the
process.
Mayor Sanders clarified that both the mover and second agreed to approve the Ordinance included in the packet
with the modifications.
Resident, Bill Armstrong, 18 Avenue 20, requested that that Council put this off until there is a full Council and
until after the election.
Resident, Keith Barns, 20 Ridgewood Drive, likes the proposed changes, but would also like to see some or all 7200
Townhomes removed from neighborhood 1.
Mayor Sanders responded that we had a new zoning summary that compared the apartments in Trophy Club to
Horton’s proposal and currently have 7% in multi family dwelling.
Resident, Marc Bartels, 235 Oak Hill Drive, encouraged Council to vote and approve tonight.
Resident, Jim Wilson, 410 Lakewood Drive, commented that Horton has given up 45 out of the 105 lots that the
concept plan has gained them, compared to the standard zoning that could have been approved last fall and
feels that too much time was invested for just 60 lots.
Motion passed unanimously.
F.1 Adjourn.
Council member Williams made a motion to adjourn. Council member Foley seconded. Motion passed
unanimously.
Meeting adjourned at 1:34 A.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
______________________________________________ _________________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor, Town of Trophy Club
34
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action relative to an Ordinance amending Article
VIII, "Tree Preservation and Removal", Chapter 12 of the Code of Ordinances,
entitled “ Subdivision Rules & Regulations”, by amending Sections 8.03 and adding
Section 8.12.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1. Ordinance
35
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY
AMENDING ARTICLE VIII, ENTITLED “TREE PRESERVATION AND
REMOVAL” OF CHAPTER 12, SECTION 8.03, ENTITLED “TREE
PRESERVATION” PARAGRAPHS (B)(a)(b)(c)(d) OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB TO: CLARIFY THE
APPLICABILITY OF THE TOWN’S TREE PRESERVATION
REQUIREMENTS AND PROVIDE EXEMPTIONS; AND BY ADDING
SECTION 8.12 (A) TO: PROVIDE APPEAL PROVISIONS; PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code to
regulate the subdivision of land and property development within and without the corporate
limits of the Town; and
WHEREAS, on May 2, 2005, the Town adopted Ordinance No. 2005-11 P&Z,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club;
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to amend the Town’s Code of Ordinances, Chapter 12, Article VIII, Section 8.03, paragraphs
(B)(a)(b)(c)(d) to clarify the applicability of provisions for tree preservation and removal and
provide exemptions, and by adding Section 8.12 (A) to provide appeal provisions within and
outside the corporate limits of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Section 8.03 entitled “Tree Preservation” of Article VIII entitled “Tree Preservation and
Removal” of Chapter 12 of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended, so that paragraphs (B)(a)(b)(c)(d) and (D) of Section 8.03 reads as follows:
36
“B. Applicability: The purpose of this Ordinance is to regulate undeveloped and vacant real
property in accordance with the regulations contained herein both prior to and during the
platting, subdivision and development of property, including but not limited to grading or
any other construction activity. The terms and provisions of this Ordinance shall apply to
all real property within the Town’s corporate limits which is one (1) acre or greater in size
and which meets one or more of the following criteria:
a. All vacant or undeveloped real property prior to and during the platting, subdivision
and development of property, including but not limited to grading, any other
construction activity on the property, or preparation of the property for any
construction activity thereon;
b. All platted real property which is re-platted, re-subdivided or for which additional
subdivision occurs;
c. The yard areas of all developed property, excluding developed single-family and two-
family residential property. It is provided, however, that where a building lot or site is
one acre or larger in size, then no protected, specimen, majestic or historic trees shall
be removed from the buildable area of the lot or site before the issuance of a building
permit relating to the lot or site.
d. Exemptions:
(i.) The terms and provisions of this Ordinance shall not apply to developed
single family and two-family residential property.
(ii.) Local taxing authorities, constructing or improving public grounds and/or
buildings shall be exempt from the requirements set forth in this Article.”
2.02 Article VIII entitled “Tree Preservation and Removal” of Chapter 12 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, to add Section 8.12 entitled
“Appeals” which shall read as follows in its entirety:
“A. Appeals. Any person or entity affected by an action or determination taken under this
Article may appeal such action by filing a written notice of appeal to the Town Manager
within ten (10) days of his/her receipt of Town’s action or determination. Upon receipt of
such appeal, the Town Manager shall forward the appeal to the Tree Board for
consideration and recommendation to Town Council. The Tree Board shall hear appeals
within thirty (30) days of receipt of the notice of appeal by the Town Manager. The person
requesting relief shall have the burden of demonstrating that good cause exists for the Tree
Board to recommend that the action or determination of the Town be reversed or amended.
The Tree Board shall forward its recommendation to the Town Council for final decision.
The Town Council shall be the final authority for making a good cause determination under
this Section and shall make such determination within thirty (30) days after the Tree Board
has made its recommendation. Economic hardship alone is not sufficient to support a
finding that good cause exists.”
37
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting the
applicability of tree preservation and shall not repeal any of the provisions of such ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other
provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict
with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the
foregoing, any complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall
continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
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
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town.
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 upon each day during or on which a violation
occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take 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 the 19th day of June, 2006.
38
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
39
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.7
Discuss and provide input regarding an amendment to Chapter 2, entitled "Public
Safety" of the Trophy Club Code of Ordinances, by amending Sections 2.05 to
Article II, entitled "Traffic & Vehicles" to prohibit parking within 20 feet of
crosswalks.
EXPLANATION:
These additions to our traffic ordinance will allow clearer view for drivers and pedestrians
around crosswalks. This item is simply for discussion purposes. If staff is directed to proceed,
the amended Ordinance will be placed on the July 24, 2006 Consent Agenda.
RECOMMENDATION:
Staff recommends these changes.
(bg)
Attachments: 1. Recommended Changes
40
Chapter 10 Public Safety
Article II Traffic & Vehicles
Section 2.05 Parking
Additions to Existing Sections of the Ordinance
C. Parking on Unapproved Surfaces or Crosswalks
“2. It shall be unlawful to park a motor vehicle within twenty feet (20’) of a marked
crosswalk.”
41
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.8
Discuss and provide input regarding an amendment to Chapter 2, entitled "Animal
Control" of the Trophy Club Code of Ordinances.
EXPLANATION:
This is a general cleanup of the Town’s Animal Ordinance. Additional definitions have been
added and formatting changed throughout for clarity. The summary of the major content
changes are as follows:
¾ Local Health Authority replaced throughout the Chapter with Local Rabies Control as
required by state law
¾ Allows for Right of Entry and Search Warrants to capture dangerous animals or an
animal that is being cruelly treated.
¾ Establishes a maximum number of dogs and cats to four of each species or six of a
combination of both over six months of age per residence. Animals registered with the
Town prior to July 31, 2006 would be grandfathered.
¾ Adds Prohibited Actions Against Animals to help ensure their humane treatment
¾ Addition of the ability for the Town to provide for Protective Custody of an animal in the
event of an emergency
¾ Vaccination Schedule changed to match current state law
This item is simply for discussion purposes. If staff is directed to proceed, the amended
Ordinance will be placed on the July 24, 2006 Consent Agenda.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Recommended Changes
42
Section 1.01 Definitions
Abandon: Shall mean to dump, desert, or leave any Animal on public or private property
with the intent of terminating any further responsibility for said Animal; and shall also
mean failing to properly redeem or properly release any animal Impounded or
Quarantined by the Town.
Animal : Shall mean any living creature, classified as a member of the animal kingdom
including but not limited to: Dogs, Cats, cows, horses, birds, fish, mammals, reptiles,
insects, fowl, and Livestock, but specifically excluding human beings.
Animal Control Department: Shall mean an establishment that is operated, controlled,
or contracted with by the Town for the confinement, safekeeping, control and/or
destruction of Animals which come into the custody of the Town.
Animal Control Officer: Shall mean any individual employed, contracted with, or
appointed by the Town for the purpose of aiding in the enforcement of this act or any
other law or Code relating to the licensure of Animals, control of Animals, or seizure and
Impoundment of Animals and includes any state or local Law Enforcement Officer or
other employee whose duties in whole or in part include assignments that involve the
seizure and Impoundment of any Animal.
Animal Shelter: Shall mean a facility operated by the Town or with which the Town has
contracted for the purpose of Impounding or caring for Animals held under the authority
of this Article or state law.
At Large: Shall mean when an Animal is not confined to the premises of its Owner by
fence of sufficient strength and/or height to prevent the Animal from escaping therefrom,
inside the house or other enclosure, or secured on such premises by a leash of sufficient
strength to prevent the Animal from escaping from the premises, and so arranged that
the Animal will remain upon such premises when the leash is stretched to full length in
any direction. An Animal shall not be considered “At Large” when held and controlled by
a Person of adequate strength by means of a leash, cord, chain, or rope of proper
strength and length to control the action of the Animal, or while confined within a vehicle.
An “Invisible Fence” will suffice as sufficient restraint so long as the Animal is not found
outside the premises of the Owner and the Invisible Fence is registered with the Animal
Control Department.
Bite: Shall mean any abrasion, scratch, puncture, tear or piercing of skin caused by an
Animal.
Cat: Shall mean all domestic species or varieties of felis catus, male or female, alive or
dead.
Certificate of Registration: The Town shall register and issue a Certificate of
Registration and a license, to any person living in the Town who owns or possesses a
dog or cat requiring vaccination to prevent rabies who files an application meeting the
requirements of this Chapter. Such Certificate of Registration is for the purpose of owner
identification and in cases where the dog or cat might become impounded, lost or injured.
(b) Application for the Certificate of Registration/License shall, by the owner, in writing or
in person, and be accompanied by proof that the dog or cat is currently vaccinated
against rabies in accordance with the Texas Administrative Code, title 25, part 1, chapter
169. Zoonosis Control, Rabies Control and Eradication. If there is a change in ownership,
the new owner shall have the identification tag transferred to his name within ten (10)
days after taking possession of the animal.
Dangerous Dog: Shall mean any dog that, according to the records of the appropriate
authority;
1. Has aggressively bitten, attacked, or endangered or has inflicted Severe Injury on a
human being on public or private property;
2. Has more than once severely injured or killed a domestic Animal while off the
Owner’s property;
3. Has been used primarily or in part for the purpose of Dog fighting or is a Dog
trained for Dog fighting; or
Deleted: leave unattended for more
than seventy-two (72) hours
Deleted: d
Deleted: c
Deleted: l
Deleted: a
Deleted: a
Deleted: a
Deleted: a
Deleted: l
Deleted: a
Deleted: a
Deleted: a
Deleted: a
Deleted: l
Deleted: i
Deleted: f
Deleted: a
Deleted: i
Deleted: f
Deleted: annually
Deleted: must be made
Deleted: annually
43
4. Has, when unprovoked, chased or approached a Person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or
more Persons and dutifully investigated by the appropriate authority.
Dangerous Wild Animal: Shall mean:
1. A lion;
2. A tiger;
3. An ocelot;
4. A cougar;
5. A leopard;
6. A cheetah;
7. A jaguar;
8. A bobcat;
9. A lynx;
10. A serval;
11. A caracal;
12. A hyena;
13. A bear;
14. A coyote;
15. A jackal;
16. A baboon;
17. A chimpanzee;
18. An orangutan;
19. A gorilla; or
20. Any hybrid of an Animal listed in this section.
Dog: Shall mean all domesticated members of the canis familaris, male and female, alive
or dead.
Euthanasia: Means to humanely cause the death of an Animal by a method which:
1. Rapidly produces unconsciousness and death without visible evidence of pain or
distress; or
2. Utilizes anesthesia produced by an agent which causes painless loss of
consciousness with death following such loss of consciousness.
Harboring of Animals: Shall mean the keeping and caring, including but not limited to
feeding and providing water, for an animal for seventy-two (72) hours or longer.
Impound: Shall mean to seize and hold in the custody of the Local Rabies Control
Authority or other authority such as a Veterinarian.
Invisible Fence: Shall mean any fence which cannot be seen with the human eye but
that is designed to keep an Animal enclosed in a space by means of laser technology or
sound technology. Such Invisible Fence must not be capable of causing pain or
discomfort to any human being that crosses its path.
Law Enforcement Officer: Shall mean those authorized to enforce the provisions of this
Article, namely, the Local Rabies Control Authority, any Animal Control Officer, or any
Law Enforcement Officer.
Livestock: Shall mean any horses, mules, donkeys, cattle, hogs, goats and sheep of any
and all kinds, and shall include both the male and female species of such animals. NOTE
Deleted: Enforcement Officers:
Shall mean those authorized to
enforce the provisions of this Article,
including but not limited to, the local
health authority representative, any
animal control officer, or any police
officer.
Deleted: Humanely Euthanize:
Means to cause the death of an
Animal by a method which:
Deleted: 1.
Deleted: Rapidly produces
unconsciousness and death without
visible evidence of pain or distress; or
Deleted: 2.
Deleted: Utilize anesthesia produced
by an agent which causes painless
loss of consciousness with death
following such loss of consciousness.
Deleted: local health authority
Deleted: local health authority
Deleted: the local health authority
representative,
Deleted: peace
Deleted: o
Deleted: ows
44
to Council: Should this section also include: chickens, roosters, and other fowl?
Local Rabies Control Authority: The Animal Control Officer is designated as the Local
Rabies Control Authority and has authority to appoint representatives to enforce the
provisions of this Article, to receive reports of Animal Bites, investigate Animal Bites,
insure Quarantine of possibly rabid Animals and otherwise carry out provisions of the
Texas law pertaining to control and eradication of rabies.
Neuter: Shall mean the surgical removal of the male reproductive organs of an animal to
render it unable to reproduce.
Owner: Shall mean a Person who harbors, keeps, possesses, or permits to be harbored,
kept, or possessed, an Animal in his care, on or about his premises, without regard to
title, purchase, or acceptance of Animal as a gift.
Person: Shall mean any individual, firm, association, partnership, or corporation or any
other legal entity.
Police Dog: Shall mean any Dog used by a law enforcement agency or its officers in the
administration of official duties.
Pot-Bellied Pig: The term “Pot-Bellied Pig” shall refer to a variety of swine that is no
more than eighteen inches (18”) in height at shoulder level when full grown, short erect
ears, and a straight tail. Swine shall not be considered a Pot-Bellied Pig if its weight
exceeds sixty (60) pounds, or unless registered with a licensed breeder.
Prohibited Animals: Shall mean an Animal not normally considered domesticated
including, but not limited to, venomous lizard, poisonous snake, boa, python, raccoon,
skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, any
protected, threatened, or endangered species as defined by the Texas Wildlife
Commission and the U.S. Fish and Wildlife Service, or any other Wild Animal capable of,
or inflicted to do, serious bodily harm to humans or other Animals or fowl.
Proper Enclosure of a Dangerous Dog: Shall mean, while on the Owner’s property, a
Dangerous Dog is securely confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children (nine (9) years of age or
younger) and designed to prevent the animal from escaping. Such pen or structure shall
have secure sides and, where appropriate, a secure top to prevent the Dog from
escaping over, under, or through the structure and shall also provide protection from the
elements.
Deleted: Local Health Authority
Deleted: local health authority
Deleted: This term includes Animal
Control Officers, Law Enforcement
Officers and enforcement officers as
defined herein, including their
respective designees.
Deleted: Observation Period: Shall
mean the ten (10) days following a
biting incident during which an
animal’s health status must be
monitored.
Deleted: has
Deleted: Public Nuisance Animal:
Shall mean any Animal or Animals
that unreasonably annoy(s) humans,
endanger(s) the life or health of other
Animals or humans, or substantially
interfere(s) with the rights of citizens,
other than their owners, to the
enjoyment of life or property. The
term “Public Nuisance Animal” shall
mean and include, but is not limited
to, any Animal that:
Deleted: NOTE: This section is
addressed individually within
ordinance; no need to repeat it here.
Deleted: 1.
Deleted: Is repeatedly found At
Large;
Deleted: 2.
Deleted: Damages the property of
anyone other than its Owner;
Deleted: 3.
Deleted: Chases vehicles;
Deleted: 4.
Deleted: Excessively makes
disturbing noises, including, but not
limited to, continued and repeated
howling, barking, whining, or other
utterances causing unreasonable
annoyance, disturbance or discomfort
to neighbors or others in close
proximity to the premises where the
Animal is kept or harbored;
Deleted: 5.
Deleted: Causes fouling of the air by
odor and thereby creates
unreasonable annoyance or
discomfort to neighbors or others in
close proximity to the premises where
Deleted: 6.
Deleted: Causes unsanitary
conditions in enclosures or
Deleted: 7.
Deleted: Attacks other domestic
Animals.
... [2]
... [1]
45
Quarantine: Shall mean strict confinement under restraint by closed cage or padlock or
in any other manner approved in this chapter or state law on the private premises of the
Owner or at a facility approved by the State Board of Health or its designee, or the Local
Rabies Control Authority.
Severe Injury: Shall mean any physical injury which results in broken bones, multiple
bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Spay: Shall mean the surgical removal of the female reproductive organs of an animal to
render it unable to reproduce.
Town: Town of Trophy Club, Texas
Unprovoked: Shall mean an action by an Animal that is not in response to being
tormented, abused, teased or assaulted by any Person; in response to pain or injury; or
in protection for itself or its food, kennel, immediate territory, or nursing offspring.
Vaccinated: Shall mean properly injected with a rabies vaccine licensed for use in that
species by the United States Department of Agriculture and administered by a
Veterinarian licensed to practice in the State of Texas in an amount sufficient to provide
immunity and satisfies the following criteria:.
1. The animal must have been at least four (4) months of age at the time of
vaccination;
2. At least thirty (30) days have elapsed since the initial vaccination; and
3. Not more than twelve (12) months have elapsed since the most recent vaccination,
or if a three (3) year vaccination, then not more than thirty-six (36) months have
elapsed since the most recent vaccination..
Veterinarian: Shall mean one licensed by Texas State Board of Veterinary Medical
Examiners, qualified and authorized to treat disease and injuries of Animals.
Vicious Animal: Shall mean any individual Animal that has on two previous occasions,
without provocation, attacked or bitten any Person or other Animal, or any individual
Animal which the Local Rabies Control Authority or his representative has reason to
believe has a dangerous disposition likely to be harmful to humans or other Animals.
Wild Animal: Shall include all species of Animals that commonly exist in a natural
unconfined state, usually not domesticated and any species of animal illegal to own
under federal, state or local law. This shall apply regardless of state or duration of
captivity. The term shall include but is not limited to: foxes, panthers, wolves, alligators,
crocodiles, apes, elephants, rhinoceroses, and all forms of poisonous or constricting
reptiles, and other like Animals.
Section 1.02 Enforcement
A. Enforcement of this Article shall be the responsibility of the Local Rabies Control
Authority.
B. The Local Rabies Control Authority shall have the authority to issue citations for any
violation of this Article.
C. If person cited is not present, the Local Rabies Control Authority may send the
citation to the alleged offender by registered or certified mail.
D. It shall be unlawful for any person to interfere with the Local Rabies Control
Authority in the performance of his duties.
E. The Local Rabies Control Authority shall have the authority to humanely euthanize
and/or destroy any animal in accordance with the provisions of this Article.
F. The Local Rabies Control Authority shall have the authority to use a tranquilizer gun
in the lawful discharge of his/her duties.
G. Police Dogs are exempt from the provisions of this Article.
H. Right of Entry; Search Warrants
1. Town enforcement agents are hereby authorized to enter upon any fenced or
unfenced lot, tract or parcel of land for the purpose of capturing, impounding and/or
quarantining any animal upon having probable cause to believe the animal to have
Deleted: city animal shelter
Deleted: that
Deleted: Stray Animal: Shall mean
any animal for which there is no
identifiable Owner or harborer.
Deleted: an
Deleted: Vaccinated and Current:
Shall mean vaccinated and satisfying
the following criteria:
Deleted: three
Deleted: 3
Deleted: a Veterinarian
Deleted: to practice veterinary
medicine.
Deleted: local health authority
Deleted: s
Deleted: and are
Deleted: Ord. No. 1999-32, § 1, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 2, 5-6-02
Deleted: local health authority
Deleted: local health authority
Deleted: local health authority
Deleted: local health authority
Deleted: local health authority
Deleted: local health authority
... [3]
46
bitten, injured or otherwise attacked a human being or other animal or to have, or
have been exposed to, rabies or another communicable disease posing a danger to
the public health, safety or welfare; or otherwise pose a clear and present danger to
human beings or other animals. This authorization is granted due to the emergency
created by the potential rabies hazard or danger of injury to persons or other
animals, and in recognition of the likelihood that such animal will otherwise escape
capture. As a matter of policy, Town enforcement agents shall not enter upon
private property to capture and/or impound any animal known to belong to the
owner of such property without probable cause to believe the animal poses a threat
or danger to property, human beings or other animals.
2. Furthermore, should the Town enforcement agent have probable cause to believe
an animal has been, or is being, cruelly treated or has rabies or another
communicable disease, the Town enforcement agency may, pursuant to V.T.C.A.,
Health and Safety Code § 821.022, obtain a search warrant and impound such
animal, even if it is enclosed on private property.
Section X.XX Humane Care of Animals
A. Animals shall be provided humane care, treated and transported in a humane manner
and not in violation of V.T.C.A., Penal Code § 42.09 and V.T.C.A., Health and Safety
Code title 10 or any other provision of law, including federal, state and local laws,
ordinances and rules.
Section X.XX Maximum Number of Animals
A. The keeping of more than the maximum number of animals permitted by this section
shall be a public nuisance.
B. It shall be unlawful to keep or harbor more than four animals of any one species
six months of age or older or more than a total of six animals on any premises used or
zoned for residential purposes and less than two acres in area.
Exemptions. The provisions of Section B shall not apply to: (i) licensed residential
breeders; or (ii) licensed residential foster owners; or (iii) a person(s) who keeps or
harbors more than four (4) dogs and four (4) cats six months of age or older in violation of
Section B, if the person has obtained Town certificates of registration for each animal on
or before July 31, 2006 and continuously maintains current Town certificates of
registration. Failure to maintain a current license for residential breeders, a current
license for residential foster owners or current registration of each such animal as
required in this section shall result in a forfeiture of this exemption.
Section X.XX Prohibited Actions Against Animals
A. A person commits an offense if:
1. A person fails to provide an animal under his control and/or ownership with adequate
wholesome food and water, proper shelter and protection from inclement weather, and
veterinary care when needed to prevent suffering;
2. A person having charge or custody of an animal places or confines such animal, or
allows such animal to be placed or confined, in a motor vehicle, trailer or other enclosure
under such conditions, or for such a period of time, as to endanger the health of the
animal due to heat, lack of food or water, or such other circumstances as may cause
injury or death to the animal;
3. A person treats an animal in an inhumane or cruel manner as defined by V.T.C.A.,
Penal Code § 42.09 and V.T.C.A., Health and Safety Code ch. 821;
4. A person knowingly owns, harbors, trains, sells or offers for sale any animal which is to
be used for the purpose of fighting; or to be trained, tormented, badgered or baited for the
purpose of causing or encouraging the animal to attack human beings or animals when
not provoked, except that this section shall not apply to guard dogs;
5. A person mutilates any animal, whether such animal is dead or alive. This subsection
does not apply to medical or veterinary medical research, medical or veterinary medical
autopsies, or biology class use of animals for educational purposes;
Deleted: ;
Deleted: t
Deleted: t
Deleted: t
Deleted: (Ord. No. 1999-32, § 2, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 3, 5-6-02)
Deleted: 1.03
Deleted: 1.05
47
6. A person causes an animal to fight another animal or person;
7. A person other than a licensed veterinarian docks an animal's tail, or crops an animal's
ears; or castrates an animal; provided, however, that this subsection shall not apply to
normal livestock operations occurring within the town;
8. A person dyes or colors chicks, ducks, rabbits, reptiles or birds;
9. A person transporting an animal fails to effectively restrain an animal so as to prevent
the animal from leaving or being accidentally thrown from a vehicle during normal
operation of the vehicle; or fails to effectively restrain an animal so as to prevent infliction
of bodily harm to passersby; provided, however, that the provisions of this subsection
shall not prohibit a person from transporting an effectively confined or tethered dog in the
open bed of a pickup truck;
10. A person is in control of a motor vehicle which strikes a domestic animal or livestock
within the corporate limits of the town and fails to report the accident to the Town
enforcement agent as soon as practical; or
11. A person abandons any animal, including the abandonment of an impounded animal
at the animal control facility, with the intent to readopt the animal to avoid impoundment
fees.
12. A person places any substance or article which has in any manner been treated with
any poisonous substance in any place accessible to human beings, birds, dogs, cats or
other animals with the intent to kill or harm animals or with reckless disregard for the
harm or injury that could reasonably occur. This shall include anti-freeze intentionally or
recklessly left exposed to poison animals. This section, however, does not preclude the
use of commercially sold rodent poisons when applied in accordance with the
manufacturer's directions for such use.
Section 1.03 Animals At Large
A. It shall be unlawful for any Owner to allow a Dog or any other Animal possessed,
kept or harbored by him, other than a Cat, to be at large, as defined in Section 1.01
of this Article.
B. Upon the complaint to a Local Rabies Control Authority that a Cat has caused a
nuisance or hazard to the health or welfare of the human or Animal population,
such Cat may be determined by a Local Rabies Control Authority to be At Large as
defined in subsection (A) of this Section.
C. The Local Rabies Control Authority is authorized to Impound such Animals At
Large.
Section 1.04 Impounding of Animals
A. The Local Rabies Control Authority shall take into custody any Animal found At
Large in the Town and shall Impound the Animal into the custody of the police
department, the police department’s designated place of Animal detention, or the
Animal Shelter as defined by Section 1.01 of this Article.
B. Such Impounded Animal shall be held for a period of not more than three (3) days if
not claimed or surrendered before the three (3) day period.
C. At the end of such period, if the Animal has not been claimed and the fees
associated with the Impoundment have not been paid to the Town, the Animal is
deemed the property of the Town and may be placed up for adoption by the Town
or euthanized as determined by the Local Rabies Control Authority.
D. Prior to adoption or euthanasia, reasonable attempts in accordance with the written
Town Animal Control Policy shall be made to contact the Owner of the registered
Animals. Unregistered Animals will automatically become the property of the Town
after the three (3) day Impound period.
E. Protective Custody Impounds
Deleted: t
Deleted: purposely
Deleted: local health authority
Deleted: a Law Enforcement Officer
may determine
Deleted: local health authority
Deleted: (Ord. No. 1999-32, § 3, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 4, 5-6-02)
Deleted: local health authority
Deleted: or as defined by a written
agreement between the Town and the
Animal Shelter
Deleted: the
Deleted: and/or the Animal Shelter
Deleted: shall be delivered to the
appropriate humane society as
determined by the Animal Shelter for
adoption or disposal. The Owner of
the Animal shall pay all costs
associated with the adoption or
disposal of the Animal
Deleted: the delivery of an Animal
for whom the Owner has been
identified to the humane society, the
animal control officer or other local
health authority shall give notice to
the Owner of an impounded animal
by leaving written notice that the
animal will be delivered to the
humane society on the door of the
Owner’s residence followed by
sending a certified letter. That the
Owner does not receive or does not
claim the written notice or certified
letter will not subject the Town to any
liability in association with delivery of
the animal to the animal shelter
and/or euthanasia of the animal.
48
1. If an animal is impounded as the result of a fire, medical emergency,
hospitalization, custody arrest, or other natural or manmade situation that leaves
the owner, harborer or person otherwise in possession of the animal temporarily
incapable of maintaining control of, or caring for, the animal, an animal control
officer may impound the animal and house it at the animal control Shelter.
2. The owner, harborer or the person that was in possession of the animal will be
notified of the location of the animal, the conditions under which the animal may be
released, and that the animal will be held for a period of seven (7) days. If the
owner, or his designee, has not claimed the animal within seven (7) days, the
animal becomes the property of the city to be disposed of by the animal control
center through adoption, transfer to an animal rights organization, or euthanasia.
3. Owners, or their designees, shall fulfill all the requirements for redemption as
prescribed by this article.
Section 1.05 Authority to Impound, Destroy, Kill or Muzzle Certain
Animals
A. The Local Rabies Control Authority shall have the authority to Impound an Animal
which is diseased and could endanger the health and welfare of another Animal or
Person.
B. The Local Rabies Control Authority or any Law Enforcement Officer shall have the
authority to kill an Animal which, in the sole opinion of the officer, such Animal
poses an imminent danger to a Person or property, and a real or apparent
necessity exists for the destruction of the animal.
C. The Local Rabies Control Authority shall have the authority to muzzle; or order the
Owner, handler, or controller of an animal to muzzle an animal, which, in the sole
opinion of the Local Rabies Control Authority, poses a threat to the safety or welfare
of any Person.
D. The Local Rabies Control Authority shall have the authority to Impound any
prohibited Animal, Wild Animal or Livestock possessed in violation of this Article.
Section 1.06 Dangerous Dogs
The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as
amended, are adopted by and incorporated into this Article.
A. Declaration of Dangerous Dog
1. If the Local Rabies Control Authority has cause to believe that a Dog is a
Dangerous Dog as defined by this Article, he may find and declare such Dog a
Dangerous Dog.
2. Within three (3) days of declaring a Dog dangerous, the Local Rabies Control
Authority will notify the person owning the Dog of its designation as a Dangerous
Dog and provide him with a copy of this Article. The notification to the Owner will be
provided in Person or through certified mail. The Local Rabies Control Authority
shall also notify the Town Manager, fire department, and police department of the
designation of any Dog as a Dangerous Dog. The notification will describe the Dog
and specify any particular requirements or conditions placed upon the person
owning the Dog.
3. The notice shall inform the Owner of the Dog that he may request, in writing, an
appeal of the Dangerous Dog determination within ten (10) days from the receipt of
the certified mail or date of the personal notification of the Dangerous Dog
declaration to contest the finding and designation.
B. Requirements for Owner of Dangerous Dog
Deleted: (Ord. No. 1999-32, § 4, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 5, 5-6-02)
Deleted: Cross Reference: Schedule
of Fees Ord. No. 2004-12, § Exhibit
“A”, 3-15-04 Repealed by Ord. No.
2005-10, § Exhibit “A”, 5-2-05
Deleted: local health authority
Deleted: A
Deleted: police
Deleted: local health authority
Deleted: ,
Deleted: local health authority
Deleted: (Ord. No. 1999-32, § 5, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 6, 5-6-02)
Deleted: Dog
Deleted: local health authority
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dog
Deleted: local health authority
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: local health authority
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dog
Deleted: dog
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: Dog
49
If the Owner of a Dog that has been determined dangerous by the Local Rabies Control
Authority elects not to appeal that decision pursuant to Section 1.06(C) of this Article,
then within thirty (30) days of the expiration of the ten (10) day time period for appeal, the
Owner shall comply with the requirements listed in this section. If the Owner of a Dog that
has been determined dangerous appeals that decision to the Municipal Court, then such
Owner shall comply with the requirements of this section within thirty (30) days after such
determination by the Municipal Court. The requirements of this section that must be met
are as follows:
1. Register the Dangerous Dog with the Local Rabies Control Authority for the area in
which the Dog is kept; and
2. Restrain the Dangerous Dog at all times on a leash in the immediate control of a
Person or in a secure enclosure; and
3. Obtain liability insurance coverage or show financial responsibility in the amount
specified by state law to cover damages resulting from an attack by the Dangerous
Dog causing bodily injury to a Person.
4. For purposes of this section, a Person learns that the Person is the Owner of a
Dangerous Dog when:
a. The Owner knows of an attack described in the definitions section of this Article
under Section 1.01 of this Article; and
b. The Owner is informed by the Animal Control Officer that the Dog is a Dangerous
Dog; or
c. A determination is made by the Municipal Court that the Animal is a Dangerous
Dog.
C. Appeal from Dangerous Dog Determination
1. Appeals from the Local Rabies Control Authority’s determination that a Dog is
dangerous will be heard by the Municipal Court. Upon notice of appeal as
prescribed in this section, the Municipal Court will hear the case at the next trial
setting after the request for appeal.
2. The appeal is a civil proceeding for the purpose of affirming or reversing the Animal
Control Officer’s determination of dangerousness. If the Dog has been impounded,
the municipal court judge may waive any and all fees associated with the
Impoundment and release the Dog to its Owner upon reversal of the Local Rabies
Control Authority’s determination.
Section 1.07 Fees
All fees for licensing, daily handling, Impoundment, disposal, Quarantine, lost or
destroyed tags, and/or transfer to the Animal Shelter are stated on the “Schedule of
Fees,” to be revised from time-to-time by the Local Rabies Control Authority and
approved by the Town Council. The Schedule of Fees is located in Chapter 1, Article 8 of
the Town’s Code of Ordinances. A copy of the Schedule of Fees can be obtained from
the Local Rabies Control Authority or te Town Secretary.
(Ord. No. 1999-32, § 7, 12-21-99 Repealed by Ord. No. 2002-18, § 8, 5-6-02)
Cross Reference: Schedule of Fees Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed
by Ord. No. 2005-10, § Exhibit “A”, 5-2-05
Section 1.08 Release of Unvaccinated Animals
Before releasing any Impounded Animal, an Owner shall provide proof of current rabies
vaccinations for the Impounded animal. Current is defined as having been vaccinated for
rabies within the last year if Animal was given a twelve (12) month vaccine or three (3)
years if given the thirty (36) month vaccine. If Owner cannot provide proof of current
vaccinations, Owner shall be given a written warning notice that the Animal is to be
Vaccinated within five (5) days or face prosecution for possessing an unvaccinated
Animal. All fees associated with the impoundment of the Animal must be paid by the
Owner at the time of release of the Animal. It is an offense under this section for the
Owner of the Animal to fail to provide the proof of Vaccination to the Animal Control
Deleted: dog
Deleted: Local Health Authority
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: Local Health Authority
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: dangerous
Deleted: dog
Deleted: (Ord. No. 1999-32, § 6, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 7, 5-6-02)
Deleted: local health authority
Deleted: to
Deleted: any animal that has not
been
Deleted: , the
Deleted: sign a promise in writing
that the animal will be vaccinated for
rabies immediately upon release of
the animal from impoundment. The
animal control department shall keep
such written statement on file, and
upon receiving proof of vaccination
within five (5) days from the date of
release, shall refund the additional
impoundment fee collected for
unvaccinated animals.
50
Department within five (5) days from the date of release.
Section 1.09 Adoption
A. A person who desires to Adopt an Animal from the Town shall:
1. Register and license the Animal with the Town;
2. Have the Animal Vaccinated for rabies within five (5) days after Adoption. If Animal
is not of proper age for Vaccination, then the Animal must be vaccinated within
fourteen (14) days of reaching the proper age; and
3. Have the Animal Spayed or Neutered within fourteen (14) days after Adoption,
provided the Animal is of proper age for such procedure. If the animal is not of
proper age for the procedure, then the animal must be Spayed or Neutered within
fourteen (14) days of reaching the proper age.
4. Sign a promise in writing that the Animal will be Vaccinated and Spayed/Neutered
within the time limits prescribed in (2) and (3) of this subsection. The Animal Control
Department shall keep such written promise on file. It is an offense under this
section for the Owner of the Animal to fail to provide proof of Vaccination to Animal
Control Department within five (5) days from the date of Adoption. It is a separate
offense under this section for the Owner of the Animal to fail to provide proof of
Spaying/Neutering to Animal Control Department within fourteen (14) days from the
date of Adoption or the date when the Animal reaches the proper age. If,
a. An Owner makes a promise to Vaccinate or Spay/Neuter in writing,
b. The animal is thereafter Impounded a second time, and
c. It is determined that the Animal was not Vaccinated and/or Spayed/Neutered in
accordance with the written promise, then the Impoundment fee shall be doubled as
required in the Schedule of Fees adopted by the Town.
For any subsequent Impoundment of such Animal that remains unvaccinated and/or
unspayed/unneutered at the time of Impoundment, an additional Impoundment fee as set
forth in the Town’s Schedule of Fees shall be assessed.
B. The Local Rabies Control Authority shall make the final determination as to whether
an Animal is healthy enough for Adoption. Provided, however, that such a decision
by the Local Rabies Control Authority shall not constitute a warranty, either express
or implied, of the health or age of the Animal.
Section 1.10 Livestock, Wild or Prohibited Animals
A. It shall be unlawful to keep or harbor any Livestock, Wild or Prohibited Animal within
the Town, except at commercial establishments dealing in the sale or handling of
such Animals, having proper zoning for such commercial enterprises and having
proper facilities for the care and restraint of such Animals.
B. The Local Rabies Control Authority may establish conditions under which it would
be permissible to keep or harbor Livestock, Wild or Prohibited Animals in the Town
on a temporary basis.
Deleted: If,
Deleted: 1.
Deleted: An Owner promises in
writing that an animal will be
vaccinated,
Deleted: 2.
Deleted: The animal is thereafter
impounded a subsequent time, and
Deleted: 3.
Deleted: It is determined that the
animal was not vaccinated in
accordance with the written promise,
then any fees associated with the
impoundment shall be doubled.
Deleted: (Ord. No. 1999-32, § 8, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 9, 5-6-02)
Deleted: without charge
Deleted: O
Deleted: ; provided however, that
Deleted: vaccinated
Deleted: 1
Deleted: 2
Deleted: 3
Deleted: .
Deleted: Animal Control Officer
Deleted: Animal Control Officer
Deleted: (Ord. No. 1999-32, § 9, 12-
21-99 Repealed by Ord. No. 2002-18,
§ 10, 5-6-02)
Deleted: Code of Ordinances Cross
Reference: (Animal Registration,
Impoundment Fee), Chapter 1, §
8.06;
Deleted: w
Deleted: a
Deleted: a
Deleted: a
Deleted: local health authority
Deleted: wild
Deleted: a
51
Section 1.11 Confinement Required of Animal Allegedly Involved in
Attack
When an Animal has bitten, scratched, or otherwise attacked a Person or Animal, anyone
having knowledge of such incident shall immediately notify the Local Rabies Control
Authority. Such Animal shall then be confined in a veterinary hospital or approved Animal
Shelter designated by the Local Rabies Control Authority for a period of ten (10) days.
The cost of such confinement shall be paid by the Owner of the Animal. Such Animal
shall, during such period of confinement, be subject to inspection by the Local Rabies
Control Authority, other Town personnel or a licensed veterinarian. If after the ten (10)
day period, the Owner fails to pick up the Animal, the Local Rabies Control Authority may
follow the procedure for Adoption or disposal of an Impounded Animal.
Section 1.12 Vicious Animals
A Vicious Animal, as defined in Section 1.01 of this Article, shall not be allowed in the
Town limits. Any Vicious Animal found in the Town shall be removed immediately by
order of theMunicipal Court. If the Owner of the Vicious Animal fails to remove such
animal, the Local Rabies Control Authority may have such Animal Impounded and/or
destroyed.
Section 1.13 Vaccination
A. State Regulations
The Town hereby adopts the Rabies Control Act of 1981 (V.T.C.A., Health and Safety
Code, § 826.001 and Texas Administrative Code, Title 25, Part 1, Chapter 169 et seq.)
and the standards established by the Texas State Board of Health as minimum standards
for rabies control and quarantine provisions within the Town. In addition thereto, all of the
rabies control provisions of this article, which are adopted pursuant to V.T.C.A., Health
and Safety Code §§ 826.015 and 826.033, shall have application within the Town.
B. The owner or custodian of each Dog or Cat shall have the Animal Vaccinated against
Rabies by four (4) months of age. The Animal must receive a booster within the twelve
(12) month interval following the initial Vaccination. Every Dog or Cat must be
revaccinated against rabies at a minimum of at least once every three (3) years with a
rabies vaccine licensed by the United States Department of Agriculture. The Vaccine
must be administered according to label recommendations and by a legally licensed
veterinarian.
Section 1.14 Licenses and Tags
A. License Required
The Owner or harborer of each Animal more than three (3) months old in the Town shall
Register the Animal with the Town Manager or the Town Manager’s duly authorized
representative and obtain a license for such animal from the Animal Control Department.
At the time of application for such license, the Owner shall present the current certificate
of Vaccination for each Animal and pay a one time licensing fee for each Animal; the
amount of which is to be designated on the Schedule of Fees of the Town.
B. Possession of Unlicensed Dog or Cat Prohibited
A person commits an offense if he possesses within the Town an Animal which has not
been licensed according to Section 1.14(A), above. The Owner of an animal shall, upon
request, show to the Law Enforcement Officer enforcing this Article the receipt for the
Animal’s Town registration. The failure or refusal of an Owner to produce to the Law
Enforcement Officer the receipt for the Animal’s Town Registration or a current license
tag shall constitute prima facie proof that such animal has not been licensed according to
Deleted: (Ord. No. 1999-32, § 11,
12-21-99 Repealed by Ord. No. 2002-
18, § 11, 5-6-02)
Deleted: Animal Control Officer
Deleted: local health authority
Deleted: local health authority
Deleted: Animal Control Officer
Deleted: (Ord. No. 1999-32, § 10,
12-21-99 Repealed by Ord. No. 2002-
18, § 12, 5-6-02)
Deleted: local health authority
Deleted: local health authority
Deleted: (Ord. No. 1999-32, § 12,
12-21-99 Repealed by Ord. No. 2002-
18, § 13, 5-6-02)
Deleted: A
Deleted: It shall be the duty of the
Owner or keeper of each dog and cat
owned, kept possessed, harbored or
allowed upon the premises of any
such person and under such person’s
control in the Town to have such dog
or cat vaccinated (as defined herein)
against rabies by a legally licensed
veterinarian at least once each year.
The most recent tag for the animal
must be worn by the animal at all
times. Such vaccination must be with
a protective inoculation with antirabic
vaccine recognized and approved by
the U.S. Department of Agriculture
given in an amount sufficient to
provide an immunity. It shall be
unlawful for an Owner or keeper of a
dog or cat to fail to have all such
animal vaccinated for rabies.
Deleted: (Ord. No. 1999-32, § 13,
12-21-99 Repealed by Ord. No. 2002-
18, § 14, 5-6-02)
Deleted: n annual
Deleted: the said
52
the requirement contained in Section 1.14(A), above.
C. Issuance of Tags
Upon presentation of the Vaccination certificate and payment of the licensing fee, the
Town Manager or the Manager’s duly authorized representative shall issue to the Owner
a license tag. The license tag and vaccination tag shall be affixed to a collar which shall
be attached to the Animal’s neck and worn by such Animal at all times.
D. Lost of Destroyed Tags
In the event a license tag is lost or destroyed, a new tag shall be issued by the Town
Manager or the Manager’s duly authorized representative upon presentation of a receipt
showing the payment of the initial license fee and upon the payment of a replacement
fee, the amount of which is to be designated on the Schedule of Fees. The replacement
license tag shall be valid only for the period of time that remained on the original license
receipt.
E. Failure to Obtain Licensing Tag
A person commits an offense, without regard to his mental state, if he owns an animal
without a current licensing tag for the animal.
F. Defenses
It is a defense to prosecution that:
1. The animal was younger than three months of age; or
2. The Owner of the animal has resided in the Town less than thirty (30) days.
G. Transferability of Registration or Licensing
Town registration or licensing of an animal is not transferable to another animal.
Section 1.15 Special Requirements For Keeping Miniature Pigs and
Ferrets
A. Pot-Bellied or Miniature Pigs
1. It shall be unlawful for any Person to keep, harbor or raise more than two (2) adult
Pot-Bellied Pigs in any one (1) residence within the Town.
2. It shall be unlawful for any Person to keep a Pot-Bellied Pig outdoors other than
those times necessary for the elimination of waste or for exercise. Pot-bellied pigs
are subject to all applicable sections of this Article, including the prohibitions against
Animals At Large.
3. It shall be unlawful for any Person to keep, harbor, or raise a Pot-Bellied Pig which
has not been altered (Spayed or Neutered), and its tusks removed from its body.
4. It shall be unlawful for any Person to keep a Pot-Bellied Pig at any location within
the Town unless such Person has first filed with the Local Rabies Control Authority
a Registration application to keep such an Animal and such application has been
approved. The information required in the application shall be determined by the
Animal Control Department. The application shall be accompanied by the
necessary veterinary documents and licensing fee as required on the Schedule of
Fees for Pot-Bellied Pigs.
B. Ferrets
Deleted: new
Deleted: s
Deleted: (Ord. No. 1999-32, § 14,
12-21-99 Repealed by Ord. No. 2002-
18, § 15, 5-6-02)
Deleted: Code of Ordinances Cross
Reference: (Animal Registration),
Chapter 1, § 8.06;
Deleted: 3.
Deleted: It shall be unlawful for any
person to keep, harbor, or raise a
Pot-Bellied Pig which has not
received annual Vaccination for
erysipelas, parvo virus, and
leptospirosis (the first of which such
Vaccinations shall be obtained before
the Animal reaches the age of four (4)
months).
Deleted: 4
Deleted: 5
Deleted: animal control officer
53
1. It shall be unlawful for any Person to keep, harbor, or raise more than four (4) adult
Ferrets in any one (1) residence within the Town.
2. It shall be unlawful for any Person to keep, harbor, or raise a Ferret which has not
received annual Ferret rabies and distemper Vaccinations and that is not Spayed or
Neutered.
3. Cages used for keeping of Ferrets shall be made to prevent the Animal from
escaping and being large enough to ensure compliance with this Article.
4. It shall be unlawful for any Person to keep, harbor, or raise any Ferret which is not
registered and licensed with the Animal Control Department. The licensing fee for
Ferrets is set out in the Schedule of Fees.
Section 1.19 Exceptions
A. The provisions of Section 1.03 of this Article (relating to Animals At Large) shall not
apply to Cats or to Dogs under the age of four (4) months.
B. With the exception of sanitation requirements, noise prohibition and prohibition on
keeping Vicious Animals, the provisions of this Article shall not apply to Dogs or
Cats of non-residents of the Town who are temporarily visiting in the Town, which
Dogs or Cats, while out of doors are kept securely under control by a leash, rope or
trap, or confined in a vehicle.
Section 1.21 Certificate of Registration For Dangerous Wild Animals
A. A Person may not own, harbor, or have custody or control of a Dangerous Wild
Animal for any purpose unless the Person holds a Certificate Of Registration for
that Animal issued by the Local Rabies Control Authority.
B. An Owner of a commercial establishment dealing in the sale or handling of
Dangerous Wild Animals may not own, harbor, or have custody or control of a
Dangerous Wild Animal within the corporate limits of the Town for any purpose
unless the person holds a Certificate Of Registration for that Animal issued by the
Town Animal Control Department.
C. A Certificate Of Registration issued under this Article is not transferable and is valid
for one (1) year after its date of issuance or renewal unless revoked.
D. The fee charged to an applicant shall be in accordance with the Town’s currently
adopted fee schedule; provided however, that the fee may not exceed fifty dollars
($50) for each Animal registered and may not exceed five-hundred dollars ($500)
for each Person registering such Animals, regardless of the number of Animals
owned by the Person. The fees collected shall be used only to administer and
enforce this Article.
Section 1.22 Certificate of Registration Application For Dangerous
Wild Animals
A. An applicant for an original or renewal Certificate Of Registration for a Dangerous
Wild Animal shall file an application with the Local Rabies Control Authority on a
form provided by the Local Rabies Control Authority. The application shall include:
1. The name, address, and telephone number of the applicant;
2. A complete identification of each Animal, including species, sex, age, if known, and
any distinguishing marks or coloration that would aid in the identification of the
Animal;
3. The exact location where each Animal is to be kept;
4. A Sworn Statement That:
a. All information in the application is complete and accurate; and
Deleted: (Ord. No. 1999-32, § 15,
12-21-99 Repealed by Ord. No. 2002-
18, § 16, 5-6-02)
Deleted: three
Deleted: 3
Deleted: (Ord. No. 1999-32, § 19,
12-21-99 Repealed by Ord. No. 2002-
18, § 20, 5-6-02)
Deleted: local health authority
Deleted: (Ord. No. 2002-18, § 22, 5-
6-02)
Deleted: Code of Ordinances Cross
Reference: (Registration), Chapter 1,
§ 1.06
Deleted: local health authority
Deleted: local health authority
54
b. The applicant has read this Article and Subchapter E of Chapter 822, Texas Health
and Safety Code, and that all facilities used by the applicant to confine or enclose
the Animal comply with the requirements of that subchapter; and
c. Any other information the Town in its capacity as the Animal Registration agency
may require.
B. An Applicant Shall Include With Each Application:
1. The nonrefundable fee; and
2. Proof, in a form acceptable to the Town, that the applicant has liability insurance as
required by this Article; and
3. A color photograph of each Animal being registered taken not earlier than the
thirtieth (30th) day before the date the application is filed; and
4. A photograph and a statement of the dimensions of the primary enclosure in which
each Animal is to be kept and a scale diagram of the premises where each Animal
will be kept, including the location of any perimeter fencing and any residence on
the premises; and
5. If an applicant holds a Class “A” or Class “B” dealer’s license or Class “C”
exhibitor’s license issued by the Secretary of Agriculture of the United States under
the Animal Welfare Act (U.S.C. Section 2131 et seq.) and its subsequent
amendments, a clear and legible photocopy of the license.
C. In addition to the items required under subsection (B) of this section, an application
for renewal shall include a statement signed by a Veterinarian licensed to practice
in Texas stating that the Veterinarian
1. Inspected each Animal being registered not earlier than the thirtieth (30th) day
before the date of the filing of the renewal application; and
2. Finds that the care and treatment of each Animal by the Owner meets or exceeds
the standards prescribed under this Article.
Section 1.23 Denial or Revocation of Certificate of Registration For
Dangerous Wild Animals; Appeal
A. If the Town finds that an application for an original or renewal Certificate Of
Registration under this Article does not meet the requirements specified herein, or
after inspection that an applicant has not complied with this Article or Chapter 822 of
the Health and Safety Code, the Town shall deny the applicant a Certificate Of
Registration and give the applicant written notice of the denial and the reasons of the
denial.
B. If the Local Rabies Control Authority finds, after inspection, that a registered Owner
provided false information in or in connection with the application or has not
complied with this chapter, the Local Rabies Control Authority shall revoke the
Certificate Of Registration and give the Owner written notice of the revocation and
the reasons for the revocation.
C. A person may appeal the denial of an original or renewal Certificate Of Registration
or the revocation of a Certificate Of Registration to the justice court for the precinct in
which the Animal is located or the municipal court in the Town in which the Animal is
located not later than the fifteenth (15th) day after the date the Certificate Of
Registration is denied or revoked. Either party may appeal the decision of the justice
or municipal court to a county court or county court at law in the county in which the
justice or municipal court is located. The decision of the county court or county court
at law may not be appealed.
D. Filing an appeal of the denial or revocation of a Certificate Of Registration under
subsection (B) of this section stays the denial or revocation until the court rules on
Deleted: (Ord. No. 2002-18, § 23, 5-
6-02)
Deleted: (Ord. No. 2002-18, § 23, 5-
6-02)
Deleted: local health authority
Deleted: local health authority
55
the appeal.
Section 1.25 Effective Date For Certificate of Registration For a
Dangerous Wild Animal
A Person is not required to obtain a Certificate Of Registration for a Dangerous Wild
Animal obtained under this Chapter before June 1, 2002.
Section 1.27 Inspection Related to Dangerous Wild Animals
An Owner of a Dangerous Wild Animal, at all reasonable times, shall allow the Local
Rabies Control Authority or a licensed veterinarian designated by the Local Rabies
Control Authority to enter the premises where the Animal is kept and to inspect the
Animal, the primary enclosure for the Animal, and the Owner's records relating to the
Animal to ensure compliance with this Chapter.
Section 1.28 Relocation or Disposition of A Dangerous Wild Animal
A. An Owner of a Dangerous Wild Animal may not permanently relocate the Animal
unless the Owner first notifies the Local Rabies Control Authority in writing of the
exact location to which the Animal will be relocated and provides the Local Rabies
Control Authority, with respect to the new location, the information required by
Section 1.22 of this Article.
B. Within ten (10) days after the death, sale, or other disposition of the Animal, the
Owner of the Animal shall notify the Local Rabies Control Authority in writing of the
death, sale, or other disposition.
Section 1.29 Attack By A Dangerous Wild Animal; Escape of
Dangerous Wild Animal; Liability For Dangerous Wild Animal
A. An Owner of a dangerous Wild Animal shall notify the Local Rabies Control Authority
of any attack of a human by the Animal within forty-eight (48) hours of the attack.
B. An Owner of a Dangerous Wild Animal shall immediately notify the local health
department and Town Police Department of any escape of the animal.
C. An Owner of a Dangerous Wild Animal that escapes is liable for all costs incurred in
apprehending and confining the animal.
D. The Local Rabies Control Authority is not liable to an Owner of a Dangerous Wild
Animal for damages arising in connection with the escape of a Dangerous Wild
Animal, including liability for damage, injury, or death caused by the Animal during or
after the Animal's escape, or for injury to or death of the Animal as a result of
apprehension or confinement of the Animal after escape.
Section 1.30 Care, Treatment And Transportation of Dangerous Wild
Animals
A. For each Dangerous Wild Animal, the Owner shall comply with all applicable
standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments and the regulations adopted under that act relating
to:
1. Facilities and operations;
2. Animal health and husbandry; and
3. Veterinary care.
Deleted: (Ord. No. 2002-18, § 24, 5-
6-02)
Deleted: (Ord. No. 2002-18, § 26, 5-
6-02)
Deleted: local health authority
Deleted: local health authority
Deleted: (Ord. No. 2002-18, § 28, 5-
6-02)
Deleted: local health authority
Deleted: local health authority
Deleted: local health authority
Deleted: (Ord. No. 2002-18, § 29, 5-
6-02)
Deleted: local health authority
Deleted: local health authority
Deleted: (Ord. No. 2002-18, § 30, 5-
6-02)
56
B. An Owner of a Dangerous Wild Animal shall maintain a separate written log for
each Dangerous Wild Animal documenting the Animal’s veterinary care and
shall make the log available to the Local Rabies Control Authority on request.
C. The log must:
1. Identify the Animal treated;
2. Provide the date of treatment;
3. Describe the type or nature of treatment; and
4. Provide the name of the attending Veterinarian, if applicable.
D. When transporting a Dangerous Wild Animal, the Owner of the Animal, or a
designated carrier or intermediate handler of the Animal, shall comply with all
transportation standards that apply to that Animal under the Animal Welfare
Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the
regulations adopted under that act.
E. A Person is exempt from the requirements of this section if the Person is
caring for, treating, or transporting an Animal for which the person holds a
Class “A” or Class “B” Dealer’s license or a Class “C” Exhibitor’s license
issued by the Secretary of Agriculture of the United States under the Animal
Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments.
(Ord. No. 2002-18, § 31, 5-6-02)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.9
Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input
on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for
Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds. (8/21)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive
and consideration of improvements for area to create a linear park.
Deleted: local health authority
Deleted: (Ord. No. 2002-18, § 31, 5-
6-02)
57
Discussion and appropriate action regarding approval of a Development Agreement
for Eagles Ridge Phase II.
Payment Agreements with Master District for municipal annex.
Recognition of the NISD, girl's golf and hockey teams.
Discuss and take appropriate action regarding the creation of a committee to review
the Town Charter.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an
Ordinance establishing the Town's Emergency Management System.
Council to discuss the procedures by which Council will move forward on Vision
2010. (8-7)
Discuss and provide input regarding an amendment to Chapter 8, entitled
"Nuisances" of the Trophy Club Code of Ordinances, by amending Sections 4.03 to
Article IV, entitled "Abandon and Junk Vehicles" (8/07)
Accepting a banking RFP on (8-21)
Consideration of enactment of Hotel/Motel Tax
Consideration of request by the Lakes of Trophy Club HOA to extend traffic laws to
the private streets located in the gated community portion of the Lakes.
Discuss and take appropriate action regarding an Ordinance on Building
Standards. (8/7)
Discuss and take appropriate action regarding an Ordinance appointing a Records
Management Officer. (8/7)
Discuss and take appropriate action regarding an Electric Franchise Ordinance
amendment to require quarterly payment of franchise fees. (8/7)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.10
Consent Agenda: Discuss and take appropriate action regarding the transfer of
funds from the Town GASB account not to exceed the amount of $1,650.
EXPLANATION:
This is for the replacement of the copier and printer used in the administration building with a
new multi-functional printer. The Town’s portion should not exceed the amount of $1,650.
RECOMMENDATION: Staff recommends replacement with new printer.
ACTION BY COUNCIL:
58
MP
Attachments: None
59
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.11
Consent Agenda: Discuss and take appropriate action regarding a Resolution
approving the Designation of Grant Officials Change Form on the Grant for the
School Resource Officer Program for the 2006-07 fiscal year.
EXPLANATION:
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(ts)
Attachments: 1. Resolution
2. Designation of Grant Official Change Form
60
TOWN OF TROPHY CLUB
RESOLUTION 2006-03
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT
APPLICATION FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR
THE 2006-2007 FISCAL YEAR; AUTHORIZING THE TOWN MANAGER
OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of
Town of Trophy Club that the School Resource Officer Program be operated for the 2006-2007
fiscal year; and
WHEREAS, The Town of Trophy Club agrees to provide applicable matching funds for
the said project as required by the Safe and Drug Free Schools and Communities Act (SDFSC)
grant application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the
Criminal Justice Division funds, The Town of Trophy Club assures that the funds will be
returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town Manager,
as the grantee's authorized official. The authorized official is given the power to apply for,
accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or
name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club approves submission of the grant
application for the School Resource Officer Program to the Office of the Governor, Criminal
Justice Division and authorizes the Town Manager or his designee to execute all necessary
documents.
Section 2. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 10th day of July, 2006.
___________________________________
Mayor
Town of Trophy Club, Texas
61
ATTEST:
_______________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_______________________________
Town Attorney
Town of Trophy Club, Texas
62
63
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.12
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
May 22, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated May 22, 2006
64
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 22, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May 22, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Gregory Lamont Council Member
TOWN COUNCIL MEMBERS ABSENT:
Beverly Foley Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Interim Police Chief
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Interim Town Manager, Roger Unger gave the invocation.
A.3 Council member Edstrom led the pledges.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
B.1 Discuss and take appropriate action regarding the adoption of the Town of Trophy Club Procurement
Policies and Procedures.
Motion made by Council member Edstrom, seconded by Council member Williams to approve the Procurement
Policies. Motion passed unanimously without any discussion.
B.2 Discuss and take appropriate action to approve Minutes dated, April 17, 2006.
Motion made by Council member Williams, seconded by Mayor Pro Tem Cates to approve Minutes dated, April 17,
2006. Motion passed unanimously without any discussion.
B.3 Discuss and take appropriate action to approve Minutes dated, May 1, 2006.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to approve the Minutes dated, May
1, 2006.
65
Mayor Sanders requested that Item D.1 be changed; striking ‘motion passed unanimously’ and ‘the suggested
changes by the Town Attorney’ be inserted after ‘both the mover and second agreed.’ No objections were
heard from the Council.
The motion with the corrections noted by Mayor Sanders passed unanimously.
B.4 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results
of the General and Special Elections held on May 13, 2006.
Motion made by Council member Williams, seconded by Council member Edstrom to approve the Ordinance.
Mayor Sanders stated that Susan Edstrom, Pam Cates and Philip Sterling were the elected to serve the two-year
terms and Greg Lamont for the one-year unexpired term.
Council member Williams expressed his disappointment in the low voter turnout and requested that staff obtain the
number of registered voters on the suspended list in order to determine the actual percentage that voted.
Motion passed unanimously without further discussion.
Mayor Sanders thanked the election workers and recognized; Election Judge, Annette Slusar, Alternate Judge, Judy
Williams and Election Clerks, Kerry Bates, Karen Karlis, Barb Tweedy, Joan Smeraldi, Jean Pratt and
Anne Shanahan.
B.5 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of
Certificate of Election to the Incoming Council Members.
Honorable Mark Chambers congratulated each candidate and administered the Oath of Office and Statement of
Elected Official to Council Elects; Susan Edstrom, Pam Cates and Greg Lamont. All three were presented
with a Certificate of Election.
B.6 Opening remarks by Mayor Sanders to outgoing Council members and incoming Council members and
comments from outgoing Council members.
Mayor Sanders acknowledged Council member Beverley Foley, who was unable to attend, and thanked her for the
two terms she served on Town Council. Mayor Sanders recognized the 17 candidates who ran for office,
both Town Council and the Municipal Utility Districts, and requested that they stay interested.
Mayor Sanders remarked that it is evident from the political atmosphere in Town that the residents, who ran for
office, and those who supported them, care deeply about the quality of life and those things that affect that
quality. Sanders cautioned the Council members that to assume that others do not care as much as the other
about doing what is right for the Town is a grave mistake. Although it is easy to become emotionally
involved about issues, we need to remember our common courtesies as not to risk losing our ethical
resolve. Sanders stated that we will each be judged by how we respond to the challenges that face our
Town now that the election is over, and that respectful deliberation is possible even with our differing
views.
Mayor Sanders congratulated the elected Council members and challenged them to work together with staff and
citizens to build community and resolve conflict.
Council member Edstrom appreciated the remarks made by Mayor Sanders and thanked her family for their support.
Council member Cates commented to the changes on the Council and staff and said that thinking outside the box
will make Trophy Club successful. Cates thanked her family, the citizens, voters and her campaign staff.
Council member Lamont thanked the citizens who voted for him, his family and the Mayor for his opening remarks.
B.7 Town Manager Report and Discussion Regarding Project Updates as Listed Below: 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.
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Roger Unger reported the following:
Administration:
ASA Donations Needed
Money is needed to ship the priority boxes at a flat rate of $8.10 per box with no weight limit. Checks may
be made out to the US Postal Service.
The Trophy Club Times is doing an article over Memorial Day weekend and would like the names of any
residents who have been awarded a Purple Heart. Please contact Lisa Ramsey, if you know of anyone.
Community Development:
Streets & Infrastructure
We will be closing a section of Avenue Twenty later this week to reconstruct areas of failing pavement.
3 Clean Event
The 3 Clean Event on the 13th was a success. Seventy-eight residents utilized the Crud Mobile to dispose
of hazardous waste. Although numbers are not available, the bulk trash and electronics disposal were also
heavily utilized.
Water Conservation Ordinance
The Fort Worth City Council is requiring their wholesale water customers including Trophy Club to adopt
new water conservation requirements. These new restrictions become effective on June 1, 2006 and
prohibit outside watering between the hours of 10 a.m. and 6 p.m. daily. The only exceptions to this
prohibition are soaker hoses and hand watering. Additionally, there will be penalties for wasting water due
to broken sprinkler heads, inappropriately maintained irrigation systems, or misalignment of sprinkler
heads causing a substantial amount of water to fall upon impervious areas such as streets and sidewalks.
There will also be penalties for knowingly allowing irrigation systems to operate during rain events.
Finance:
Budget Workshop
We have tentatively scheduled, Saturday, June 3rd for a budget workshop.
Preliminary Evaluations
As of today the Town’s preliminary evaluations is approximately 688 million compared with our final
certification last year of 614 million. This equates up to slightly over an 11% increase year to year. With
protest starting next week, we anticipate a drop of 20 – 30 million.
Parks and Recreation:
Pool Opening
The Community Pool will open this Saturday, May 27th at noon.
Medians
Flowers will be planted next week on the Indian Creek Medians.
Maintenance Facility Adjacent to the Wastewater treatment plant will begin operations later this week.
Planning & Zoning:
PD-13 Tract 4B Signage Amendment -
The owner of the Executive Suites has requested an amendment to their signage requirements. They are
requesting a directory sign that will be interior lit and will have individual panels for some of the tenants.
This item will be brought to the Town Council on June 5th, 2006.
Trophy Club Country Club Final Plat
The Plat is undergoing the second round of revisions by the applicant. Additional survey work to tie down
easements has taken longer than anticipated. This item is on hold with the Planning & Zoning Commission
until the revisions can be reviewed.
Police and Fire Services:
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The Pancake Breakfast on Election Day was a great success.
Trophy Club DPS placed 1st in the Summer Santa Children’s program – Miniature Golf
The ‘Vial for Life Program’ has been kicked off. Please contact the Fire Department for information.
Roger Unger took the liberty to thank the staff for their support during his Interim role as Town Manager
and acknowledged several staff members for their hard work during the past couple of months. Unger
asked that the staff and residents welcome and support Brandon Emmons in his efforts to help make the
Town a great place to call home.
Mayor Sanders thanked Roger Unger for a job well done and complemented him for his ethics, dedication
professionalism and hard work.
Mayor Pro Tem Cates advised that the latest ASA shipment, packed by Lakeview Elementary and Medlin
Middle school, would be going out this week, and that money donations were being accepted to send the
boxes. Checks may be payable to the US Postal Service.
Council member Edstrom added that students who attended the Medlin Pool Party donated items for the
packages. Edstrom, praised the 6th, 7th and 8th graders for their involvement as everyone brought in
something; some even wrote notes on the cans of food for the soldiers.
Mayor Sanders inquired about the watering ration and amount of time it takes to water the medians. Adam
Adams responded that medians are watered from 10pm – 5 am. Mayor Sanders asked that residents report
any broken sprinkler heads they see in the medians to the Town so that we can fix them and comply with
the restrictions.
Roger Unger stated that the Country Club uses effluent water from the Trophy Club wastewater treatment
plant to irrigate their golf course so these water restrictions do not apply to them.
Roger Unger introduced Tom Shehan, Interim Police Chief. Mr. Shehan is a retired Police Chief form the
DFW Airport where he worked for 32yrs.
D.1 Council to tour Department of Public Safety Building, return to Council Chambers, and discuss and take appropriate
action with respect to the condition of the DPS building and possible repair and/or replacement of the building.
The Town Council toured the DPS building to see the water damages first hand.
Interim Chief Shehan mentioned that the building has a 10-year life span, the building is approximately 12 to 13
years old and the air conditioners are having the same problem. Based on preliminary figures that he and
Captain Thomas have put together, to repair the existing roof without any peripheral repairs, repairs to the
air conditioner units or building leveling, would cost approximately $30,000 for a flat roof and $50,000 for
a slanted roof.
Mayor Pro Tem Cates questioned what was replaced last year.
Captain Thomas responded that the roof was seamed and that the whole membrane was not replaced.
Roger Unger advised that to date, approximately $9,000 has been spent. Captain Thomas confirmed the total of
$8,800; which was leftover from last year’s bid and couple hundred here and there for repairs from the rain
damage.
Interim Chief Shehan spoke to cost of different roofs, ranging from $30,000 to $50,000, the cost of adding air
conditioning units, ranging from $75,000 to $95,000 and the cost to level the building, ranging from
$83,000 to $103,000. A temporary facility would cost approximately $4,500 per month, which would be
approximately $144,000 and then we would need to consider the animal shelter.
Roger Unger advised that staff is seeking thoughts from the Council; we could continue to spot repair or we could
start the bid process. Mayor Pro Tem Cates questioned the temporary use of the vacant retail space.
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Captain Thomas responded that the cost to rent 6,200 square feet of retail space would be $18,000 per month.
Council member Edstrom asked if we have thought about something more permanent that the Administrative staff
could move into as staff is added, and for when DPS vacated to move into their new building expected in
three to five years.
Council member Lamont agreed with Edstrom and is not supportive of the temporary fixes.
Council member Williams commented that the cost is going to be large however you look at it and that portable
buildings would need to be used in the interim.
Mayor Sanders advised that expansion was considered when the new building was built.
Council member Williams requested that staff provided concrete numbers for temporary facilities and a new
building.
Roger Unger stated that he would like to get Mr. Emmons’ point of view on this issue as he may have some new
ideas that have not been thought of.
Council member Williams suggested that we seek sound engineering advice so that the interim solutions can be
done right.
Roger Unger responded that tonight was just a recognition of need and that will get a firm estimate on a pitched roof
and will bring back to Council at the next meeting.
Mayor Sanders asked about a pitched roof once the building is leveled. Interim Chief Shehan responded that a
pitched roof would cost approximately$133,000.
Scott Atwater - 104 Rolling Rock - Expressed concern that this 10 year old building is falling apart and questioned if
we should be investing anymore money on repairs.
No action taken.
D.2 Council to receive and discuss an update regarding the 4th of July celebration and to provide direction
regarding the same.
Adam Adams advised that resident involvement has trickled down from nine to three volunteers. Adams advised
that the MUDs tabled his request for money until June 7th, as they would like to see what the Council does
first. Adams would like the Council to consider adding future 4th of July festivities to the Town Budget.
Council member Edstrom questioned how the parade route got changed back to Baptist Church/Village
Trail/Durango/Parkview/pool. Adams responded that the Committee felt that the new route was too long.
Council member Edstrom is not in support of this route and advised that both the citizens and participants
did not like that route due to the lack of shade.
Council member Williams agreed that the heat during the day is brutal and that this route goes down side streets and
it should go down Trophy Club Drive.
Mayor Sanders prefers for the parade to start at the Clock Tower.
Adam Adams added that Church of Christ would be hosting a pancake breakfast and possibly hotdogs for lunch.
Mayor Sanders advised that a lot of civic organizations cook their food and asked if the police or fire department or
possible the Chamber would like to do something like that.
Mayor Pro Tem Cates advised that Roanoke usually has their festivities the day before.
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Adam Adams responded that there is $8,500 left over from last year and the fireworks cost about $14,300.
Council member Williams recollected that we use to sell hotdogs at the Baptist Church and suggested that we sell
hotdogs at the pool after the parade.
Mayor Sanders asked about fund raising events.
Roger Unger advised that they are seeking funds from some larger entities in Trophy Club and anticipates that they
will come through. Unger also believes that the MUDs will fund the shortfall.
Council member Edstrom suggested that the residents call their Municipal Utility Board of Directors and ask why
they are not funding this function.
Mayor Pro Tem Cates questioned if we have asked for sponsors. Adams feels that the committee should be the ones
seeking sponsors as opposed to staff.
Council member Williams questioned the involvement of the P & R Board and feels they that they should be
intimately involved in planning events for the town.
Adam Adams informed that he does have a couple of people recruited for the carnival/booths and games.
Linda Atwater, 104 Rolling Rock – Volunteered to serve on the 4th of the July Committee and suggested sack racing
and water balloon tossing for events.
D.3 Discuss and provide direction to the Town Manager to pursue a cooperative agreement with the Towns of
Westlake and Roanoke to jointly participate in an engineering study to evaluate the feasibility of
contracting with an additional wholesale water supplier.
Roger Unger requested that the Council direct staff to pursue a resolution and contract authorizing the Town
Manager to enter into a contract with the Engineering Firm of Biggs & Mathews, Inc. to perform feasibility
study to provide a second water supply for the Town. Unger anticipates that this study will determine
compatibility of the water.
Motion made by Council member Williams, seconded by Council member Edstrom directing the Town Manager to
come back with a firm proposal.
Roger Unger informed that Westlake has approved this, however Roanoke is not committed at this time. Unger
explained that this is a fixed cost and each additional participant increases the cost by $8,000.
Council member Lamont questioned the MUDs stance on this.
Roger Unger stated the underdeveloped land is outside of the MUDs, so they are not interested in the study;
however they will be involved in the final decision.
Mayor Sanders clarified that the Town actually owns the Certificate of Convenience and Necessity, meaning that the
Town owns the rights to sell water to it’s citizens, so it’s the Town who provides that CCN to the MUDs.
The Council needs to look to the future in regards to water; as there are concerns about where the water
will come from as Fort Worth expands. The Town owes it to citizens to look to the future for their water
decisions
Council member Lamont thinks that competition is a good thing.
Mayor Pro Tem Cates added that Fort Worth has a very old infrastructure that compromises the water pressure.
Council member Edstrom stated this is something that we need to do and would like to see the Council do more of
this forward thinking planning.
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Mayor Sanders asked how this would be budgeted.
Roger Unger recommends that we pay for this out of the Contingency Funds, which is currently at
approximately$16,000.
Mayor Pro Tem Cates questioned if we could discuss reimbursement of this study from the MUDs should they buy
into it at the end of the study.
Roger Unger commented that there are several things that need to be discussed with the MUDs and this is just one of
them; it’s time to formulate a negotiating committee between Council and the MUDs.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding an Ordinance adopting a Water Conservation Plan
promulgated by the City of Fort Worth as the water supplier for the Town.
Motion made by Council member Edstrom, seconded by Council member Lamont to approve the Ordinance.
Council member Edstrom questioned how it would be advertised.
Roger Unger responded that we will include in a listserv, add to the website, post to the marquee and send out as a
press release. Unger advised that the Town would enforce this and that it will fall under Code Enforcement
issues.
Council member Lamont suggested changing 3.4 to include new residential construction.
Council member Williams questioned the ‘Whereas’ clause that reducing our per capita usage. Patricia Adams
suggested that they strike that whereas clause and still approve tonight.
Council member Williams amended the motion to strike the 4th clause, Mayor Pro Tem Cates seconded.
Motion to strike the 4th Whereas clause passed unanimously.
Scott Atwater - 104 Rolling Rock questioned if we can supply all the new homes with reclaimed water and then
move all current residents off of the city’s watering system to reclaimed water.
Roger Unger responded that we have looked into this and currently there does not seem to be a practical way to do
it, but that we are still working with the School and the Parks.
Council member Edstrom requested that staff look into possibly incentives for residents who plant things that do not
require water.
Motion to approve Ordinance, as amended, passed unanimously without further discussion.
D.5 Discuss and take action regarding a resolution to suspend the May 30, 2006, effective date of the proposal
by Atmos Energy Corp. to implement Interim Grip Rate Adjustments for Gas Utility Investment in 2005
and authorizing participation with the Gas Standing Steering Committee.
Town Attorney, Patricia Adams advised that this is to suspend the increased surcharge.
Motion made by Council member Edstrom, seconded by Council member Williams to approve a resolution
suspending the May 30, 2006, effective date of the proposal by Atmos Energy Corp. to implement Interim
Grip Rate Adjustments for Gas Utility Investment in 2005 and authorizing participation with the Gas
Standing Steering Committee.
Motion passed unanimously without any discussion.
D.6 Discuss and take appropriate action to authorize the purchase of a new Quint Fire Truck.
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Acting Fire Chief Thomas gave a presentation
Roger Unger commented that the MUDs tabled this indefinitely. Unger continued that the purchase of this Quint
would only improve the ISO rating which we are going to have a hard time maintaining with the current
truck.
Mayor Sanders contributed that at the Mayor’s Round Table, which is sponsored by the Chamber, Roanoke,
Westlake and Trophy Club, discussions have begun about a regional Fire department, placement of
facilities and apparatus and staffing. Sanders is interested in an economic benefit from going together and
that we need to also look long-term.
.
Council member Williams commented that the MUDs are supposed to fund the Fire Department, so what happens to
the relationship if the Town pays agrees to fund this.
Roger Unger suggested asking the MUDs to share the payment. Unger stated that it is imperative that a decision be
made, as this truck needs to be moved out of the first line.
Mayor Pro Tem Cates suggested inviting the MUDs to come to the next meeting to justify why they will not fund
this truck.
Mayor Sanders stated that the purpose of the meeting between the Town and the MUDs, should be in the best
interest of the residents and is to decide what and how is the best way to provide water.
Council member Edstrom requested that that the Town Manager let the MUDs know that Council is in favor of
getting a new truck
Scott Atwater - 104 Rolling Rock clarified that the Pierce truck and ladder is aluminum and verified that other
vendors had been checked.
D.7 Discuss and take appropriate action to approve financials dated April 2006.
Roger Unger commented that Engineering is over budget, $20,000 is due to the Strom Drain and the Horton project
that are being reimbursed. Auditing, Vehicle Maintenance, Electricity and Water, Property Maintenance
and Paper/Copy and Supply is over as an annual maintenance invoice came in that we had not budgeted for.
Revenues are at 67% of the Budget, actual overall through April, for the expenditure side is 57.37% of the
budget and should be at 58%; additional revenues through P&Z, Franchise, Property Taxes are where they
should be, we are ahead on Court Fees; the one area that will be under budget will be permits, we
anticipated Eagles Ridge Phase II and the Hospital, but it did not come through.
Council member Williams questioned the delay on Eagles Ridge II and asked if the Town pro-actively trying to get
this done. Roger Unger responded that is progressing a lot slower than anticipated and that the delay is a
result of the developer not being up to par.
Motion made by Council member Edstrom, seconded by Council member Williams to approve financials dated
April 2006.
Mayor Sanders questioned what line item Mr. Shehan’s salary was taken from. Roger Unger clarified that it is
under the Police Salary line.
Motion passed unanimously without further discussion.
D.8 Items for Future Agenda.
Long-term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
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Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action regarding the creation of a Building Standards Commission.
Recognition of the NISD, girl's golf and hockey teams.
Codification of Ordinance. (June 5, 2006)
Add:
Discuss and take appropriate action regarding an amendment to the Traffic Ordinance to include a new U-Turn.
(June 5, 2006)
Discuss and take appropriate action regarding the creation of a committee to review the Charter.
Discuss and take appropriate action regarding a Police Facility,
D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire
Services.
Council member Williams and the Mayor commented that this format is very easy to read.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
Motion made be Council member Lamont, seconded by Mayor Pro Tem Cates to remove D.11. Motion passed
unanimously.
Item D.11 was removed from Consent.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to approve the Consent Agenda,
Items D.10 and D.12. Motion passed unanimously without any discussion.
D.10 Consent Agenda - Discussion and appropriate action to approve Interlocal Cooperation Agreement-Tax
Collection between Denton County and the Town of Trophy Club.
D.11 Consent Agenda - Discuss and take appropriate action regarding a Resolution supporting the NISD School
Finance Task Force's Core Beliefs.
Council member Lamont questioned school vouchers and if the Town is favor of vouchers as it is a political issue.
Council member Edstrom commented that this is a standard Resolution and requested the Council’s support.
Mayor Sanders added that some things have settled some due to the recent issue passed by Legislation; however,
School funding has not been totally satisfied.
Motion made by Council member Lamont, seconded by Council member Williams to strike the 7th Wheras clause.
Motion passed 3; 1, with Council member Edstrom voting against.
Council member Lamont suggested the removal of the word ‘all’ from section 1.
The vote in favor of amendment to remove the word ‘all’ from section 1, passed 3:1, with Council member Edstrom
voting against.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to refer item until the June 5, 2006
meeting so that a representative from NISD could be present to speak to the Resolution.
Council member Williams stated that the Town has had no input to the Legislation and has no business in this.
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Motion to refer until the June 5th meeting tied 2; 2, with Mayor Pro Tem Cates and Council member Edstrom voting
for and Council members Lamont and Williams voting against.
Motion to refer failed 3:2, with Mayor Sanders and Council members Lamont and Williams voting against and
Mayor Pro Tem Cates and Council member Edstrom for.
Mayor Sanders stated that the School is asking for Municipal support and that this is a political issue.
Motion made by Council member Williams, seconded by Council member Edstrom calling for previous question.
Motion to close debate passed unanimously.
Motion to approve the Resolution failed 0:4 without further discussion.
D.12 Consent Agenda - Discussion and appropriate action to approve the newly revised Denton County Mutual
Aid agreement.
F.1 Adjourn.
Motion made by Council member Edstrom, seconded by Council member Williams to adjourn.
Meeting was adjourned at 10:17 p.m.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
__________________________________ _______________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.13
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
June 5, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated June 5, 2006
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 5, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, June 5, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Greg Lamont Council Member
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Roger Unger Finance Director/Assistant Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Tom Shehan Interim Police Chief
Danny Thomas Fire Captain
Kerin Fleck Planning and Zoning Coordinator
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Council member Sterling led the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Mayor Sanders led the pledges.
B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: 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.
Brandon appreciates being allowed this opportunity.
Administration:
Meet the New Town Manager
On Friday, June 9th, from 6:30 until 8:30, there will be a reception held at the Trophy Club Country Club.
The purpose of this reception is to allow the residents to meet and interact with the new Town Manager.
Water Conservation Ordinance
The watering restrictions imposed on the Town and its residents by the city of Fort Worth went into effect
last Thursday, June 1st. Just as a reminder, with the exception of hand watering and soaker hoses, no
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outside watering is allowed to occur between the hours of 10 am and 6 pm. The golf course uses recycled
water therefore; the restrictions don't apply to them. The Town will need to perform maintenance on their
irrigation systems during normal working hours and will place signs on areas where irrigation system
maintenance is occurring. The Town and Municipal Utility Districts thank you for your cooperation with
these restrictions.
Community Development:
Streets & Infrastructure
Inverness Storm Drain Improvements
The project is progressing ahead of schedule. Inverness Drive will continue to be open to through traffic
with intermittent brief closures between 8:00 am and 5:00 pm Monday - Friday for construction.
Traffic Calming
The removal of the buttons along Trophy Club Drive and the application of paint will occur later this
month. The striping of Indian Creek Drive is scheduled for July.
Highway 114 Extension
The Town has been in contact with a number of other cities and organizations including TX DOT to
highlight the need to complete the lanes on Highway 114 beyond Trophy Lake Drive. This project, which
will terminate 0.84 miles west of Trophy Lake Drive and include the Highway 170 interchange, is in the
design phase at TX DOT, however not currently funded. Getting exposure for this project and pursuing
funding from every available source will continue to be a top priority for staff.
Permitting
YTD Building Permits
The Town has issued 18 building permits since October 1, 2005 with at total property value of $9.6 million.
Finance:
Budget Workshop
The next budget workshop with the Town Council will be June 19th prior to the start of the Town Council
meeting.
Parks and Recreation:
Pool
The pool will be closed this Saturday, June 10th, during morning and afternoon hours for the annual
NWISD Swim Meet. The pool will be open from the hours of 5-8pm. The pool has been closed to the
public on the day of the meet for the last two years due to the possibility of weather delays pushing the
meet time back; and that we often require manual chemical adjustments to the water as the number of
swimmers and the level of activity create additional water chemistry changes that need to be addressed
manually. We just received notice already last week that an additional team has registered which requires
us to extend the time one hour. Based on the number of parties that are being booked this year (eight as of
today) we decided to allow a party to book the time following the meet with the understanding that they
would have to delay their start time if for any reason the swim meet did not end on schedule.
The daily average attendance at the pool is running about 25 swimmers per day higher than last summer at
275 people. We also have just under 200 children registered for swim lessons, which is a 30% increase at
this time over last year.
Planning & Zoning:
Medlin Middle School
NISD is planning a ten-classroom expansion. The addition will require an amendment to the Site Plan,
which will go before the Planning & Zoning Commission and Town Council for action. This item should
be on the Council's agenda in late August.
Police and Fire Services:
Complaints
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The Marshall Creek Park/Grapevine Lake Preservation issue is alive and well. While the water is down
and causes all of the dry land to be driven on, it makes it very difficult to enforce. Police is working with P
& R in an effort to provide more enforcement. In addition, the officers are not certain where the Town
boundaries are located. We are currently looking at options of enforcement.
Council member Edstrom asked about the U turn sign at Trophy Club Drive; Beth Ann Gregory responded that
Community Development is moving forward with the U-turn sign issue and that we will be placing the
amendment to the ordinance on the next agenda.
Council member Edstrom suggested that we forward a letter to the residents so they can utilize the names and
addresses for the legislature regarding the funding from TX DOT in respect to the HWY 114 project.
Edstrom asked if we should hold off on the buttons on Trophy Club Drive; Beth Ann Gregory responded
that they would be striping instead, so additional cost to the Town should be minimal but would check into.
Mayor Sanders added that a meeting with NCTCOG has been scheduled to address this issue.
Council member Williams asked about cost to the Town for the swim meet, none per Adam Adams.
B.2 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.
Pearl Ford, 2 Spring Creek Court. Addressed the new Council members and Town Manager encouraging them to
take action on long term objectives and asked that they empower the EDCs to look at another plan.
B.3 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of
Certificate of Election to the Incoming Council member, Philip Sterling.
Mayor Sanders commented that Mr. Sterling took his Oath of Office last week so that he could participate in the
June 3, 2006 workshop and taking his Oath of Office scheduled for tonight was ceremonial only.
Honorable Mark Chambers administered the Oath of Office and Statement of Elected Official to Council Elect,
Philip Sterling. Mr. Sterling was presented with a Certificate of Election.
B.4 Council to discuss and provide input regarding Council Rules of Procedures outlined in Ordinance No.
2006-03 and the paperless agenda system, including email access and usage during Council meetings
Mayor Sanders introduced this item, calling attention to the following from the Council Rules of Procedures; Item
2.3; Council members should notify Lisa Ramey, if they are going to be absent from a meeting and that
missing three meetings in a row could make them ineligible to continue serving on Council. Item 2.7,
Right to the Floor, emotional issues spur the tendency to interrupt a speaker, however in order to maintain
decorum, Council members need to wait to be recognized. Council members may be allowed to speak only
once until all other Members have had a chance to speak. Item 5.4, allows citizen presentation up to six
minutes, three minutes before and three minutes after. Mayor Sanders explained that the purpose of the
Paperless Agenda program was to eliminate the use of so much paper, thus notebook computers were
bought for all Council members and the Agenda and Packet are distributed via CD.
Council member Williams advised that section 3.1–needs to be changed, reflecting that the Council meetings start at
7:00. Section 5.4, ‘The foregoing rules and time limitation do not apply to citizens appearing at a public
hearing being held by the Town Council pursuant to any official notice thereof.’ needs revised to include a
time limit. Williams questioned if Section 5.2 is allowable under the Open Meetings Act and suggested we
revise the language as it relates to Items for future Agendas. Williams thinks that the Paperless Agenda is
great, but would prefer to receive the budget in an excel document, which should be added to the cd that
they receive with the agenda and packet.
Mayor Sanders asked the Council’s preference about downloading the agenda from the website.
Mayor Pro Tem Cates advised that there are too many viruses going around.
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Council member Sterling believes that a link on website is good idea and if a Council member prefers a cd they can
call and request one.
Mayor Pro Tem Cates mentioned that the agenda and packet are not received in enough time to adequately prepare.
Council member Lamont asked for clarification to 5.3. Mayor Sanders explained that the intent of Items for future
Agendas is to provide information to residents about what Council will be addressing in the meetings to
follow.
Mayor Sanders spoke to the resident who expressed a concern that Council was deliberating via emails during
meetings. Sanders provided that some of the Council member’s make notes online and that he is the only
one who receives emails from the Town Secretary and Town Attorney during meetings. Deliberation
amongst Council members during the meeting, via email would be against the Open Meetings Act.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:37 P.M.
PUBLIC HEARING
C.1 Public Hearing:
Consider: An amendment to Ordinance No. 95-20 by amending the signage requirements for tract 4B of The
Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive Suites, a
portion of PD-13. (PDAMD-06-021)
Planning and Zoning Coordinator advised that the purpose of the Public Hearing is relative to a request to amend the
signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the
Executive Suites and that the property is currently zoned PD-13. The uses designated for this site are Office/Commercial and
the site consists of approximately 1.8 acres, and contains a 19,000 square foot office building built in 1996. The Planning &
Zoning Commission unanimously recommended approval of this request at their 18 May 2006 meeting.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 7:38 P.M
*REGULAR SESSION
C.2 Discuss and take appropriate action relative to an amendment to Ordinance No. 95-20 by amending the
signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99
Trophy Club Drive, the Executive Suites, a portion of PD-13. (PDAMD-06-021)
Motion made by Council member Edstrom, seconded by Council member Lamont to approve an amendment to
Ordinance No. 95-20 by amending the signage requirements for tract 4B of The Village at Trophy Club,
more specifically designated as 99 Trophy Club Drive, the Executive Suites, a portion of PD-13.
Mayor Pro Tem Cates noticed that the size of signs in this area are inconsistent and thinks that they would look
better all being the same size.
Kerin Fleck mentioned that the P & Z Commission had this concern too, but believed that it was good for the
businesses on the on the inside of center to get some visibility.
Motion passed unanimously without further discussion.
D.1 Discuss and take appropriate action regarding a resolution authorizing participation in various cooperative
purchasing programs as provided by the Town's Procurement Policies and Procedures.
Brandon Emmons advised that the Procurement Policies and Procedures recently adopted by the Town Council
allow the Town to utilize cooperative purchasing programs with the approval of Town Council. Purchases
made through an approved Cooperative Purchasing Program satisfy state law competitive bid requirements.
Motion made by Council member Edstrom, seconded by Council member Williams to approve a Resolution
authorizing participation in various cooperative purchasing programs as provided by the Town's
Procurement Policies and Procedures.
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Council member Sterling questioned if this would satisfy going out for bid.
Brandon Emmons answered each organization will go thru the bid requirements which are mandated by State Law.
Mayor Pro Tem Cates asked if we have the appropriate documentation to show that this process has been followed.
Patricia Adams responded that the Town’s Purchasing Policy requires a resolutions for all of these organizations
which is why it was brought forward tonight and the bid information will be available to the specific bid
site.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding an Ordinance adopting the Code of Ordinances of the Town
of Trophy Club, Texas.
Mayor Sanders thanked Kerin Fleck, Patricia Adams and Shannon DePrater for their work on the codification and
confirmed that codification will be effective on Friday when the Ordinance is published in the paper.
Mayor Sanders suggested that we streamline amendments made to Ordinances, as codification will need to be
amended each time there is an amendment to an Ordinance.
Motion made by Council member Williams, seconded by Council member Lamont to approved an Ordinance
adopting the Code of Ordinances of the Town of Trophy Club, Texas.
Council member Edstrom congratulated staff for a job well done, Council Member Sterling agreed.
Council member Williams asked will this cut down Open Records Request.
Mayor Sanders said that it might; however, staffs generally provides copies of Ordinances without an Open Records
Request.
Motion passed unanimously without further discussion.
D.3 Discuss and provide direction to staff regarding the Town's participation in a DFW 114 West Corridor
section in the Dallas Business Journal and to pursue a request for $6,126 from EDC4-B to fund an
advertisement.
Brandon Emmons explained that this publication allows for several cities to participate and suggested pursuing
funding from EDC 4B.
Mayor Sanders suggested that the Council take action encouraging the Metroport Cities Partnership to work with the
Dallas Business Journal on an insert.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates directing staff to move forward and
approach EDC 4B about the funding.
Council member Edstrom thinks that this is a good opportunity to piggy back with Southlake since they are
spearheading.
Roger Unger will place on EDC 4B’s agenda this month.
Mayor Pro Tem Cates requested that a little more be spent in order to do a good job representing the Town.
Roger Unger requested Council expand their motion and approve this item tonight, due to the pending agreement.
Council member Williams questioned if DR Horton or any other developers have been contacted about
participating.
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Mayor Sanders responded that DR Horton, Terra and Beck have been contacted.
Roger Unger added that he has spoke with Larry Stewart.
Council member Lamont believes that EDC4B is the appropriate venue to fund.
Council member Cates advised that EDC could only fund a limited amount in advertising.
Council member Sterling questioned if this is the most effective journal for advertisement for our targeted audience
Mayor Sanders stated that the DBJ is focusing on the 114 corridor.
Mayor Pro Tem Cates commented that EDC4 B did spend money in advertisement, and after were discouraged from
doing so. Cates suggested that the Council stay more consistent in their funding requests of EDC4B.
Council member Edstrom said the Town would not want to be the only one in the area not participating and that
EDC 4B should understand that this is a new day and a new Council and to move forward.
Roger Unger said that EDC 4B is desirous of a meeting with the Town Council for clarification of their new role
based on the reduction of sales tax.
Council member Edstrom amended her motion directing staff to move forward to participate in DFW 114 West
Corridor section in the Dallas Business Journal, requesting that EDC 4B fund the amount of $6,126,
stipulating that the Town would fund if EDC does not. Council member Lamont seconded.
Council member Sterling spoke in opposition, stating that it is not a good motivator to say that the Town will fund if
EDC 4B does not. Mayor Pro Tem Cates agreed.
Council member Edstrom has faith and will give EDC 4B the benefit of the doubt and we should strongly encourage
that they participate in this venture and others like this.
Council member Lamont inquired what would be the delay if TC does not approve tonight. Roger Unger advised
that Council could take action at the June 19th meeting if they did not take action tonight.
Motion to approve the amendment passed 3:2, with Council members Williams, Edstrom and Lamont voting for and
Mayor Pro Tem Cates and Council member Sterling voting against.
The motion as amended passed unanimously.
D.4 Discuss and take appropriate action regarding the Extension and Modification of Settlement between TXU
Electric Delivery and the Steering Committee of Cities Served by TXU Electric Delivery and Agreement to
resolve outstanding Franchise issues.
Patricia Adams stated that this is an extension of that initial settlement agreement with TXU and explained the
incentives that would be provided to the Town upon approval and execution of the proposed Extension and
Modification of Settlement Agreement.
Motion made by Council member Sterling, seconded by Council member Williams to approve, amending that the
franchise fee ordinance receive franchise fees on a quarterly basis.
Council member Williams questioned if the same thing happens for TXU as with Charter Communications and their
fees passed along to residents.
Patricia Adams clarified that it is a pass through.
Brandon Emmons advised that this is an option that the Utility companies can choose to charge the customers or not.
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Council member Sterling explained that he was originally against this, however, it seems as if TXU is trying to tie
our hands behind our back that if rates rise too dramatically, there is a way out with the show cause
Motion passed unanimously without further discussion.
D.5 Discuss and take appropriate action regarding the holding of the regularly scheduled Council meetings on
July 3, 2006 and September 4, 2006.
Brandon Emmons spoke that the regularly schedule meetings in July and September are either right before or after a
holiday and suggested that Council consider rescheduling 7/3 meeting to 7/10 and the 7/17 to 7/24.
Emmons advised that there were still questions regard September 4th meeting and recommended that
Council not take action to move this meeting yet.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to reschedule the July meetings for
July 10 and July 24.
Mayor clarified that staff’s recommendation is to move the July meetings from the first and third Monday to the
second and fourth.
Council member Lamont suggested scheduling on the 5th which Council member Williams was good with.
Motion passed 4:1, with Council member Williams voting against.
D.6 Discuss and take appropriate action regarding a Resolution extending the term lengths for EDC A, EDC B,
Tree Board, Zoning Board of Adjustment and the Planning and Zoning Commission and establishing a new
uniform month for appointment to Boards and Commissions.
Brandon Emmons advised that we have received applications for reappointments to EDC A; P&Z and one re-
appointment to Zoning Board of Adjustments and to the Tree Board, we are still short for some of the
Board and recommended extending the term limits from June to a period set by Council and away from the
general election day in May.
Mayor Sanders suggested the term date of August 31.
Motion made by Council member Edstrom, seconded by Council member Lamont to approve the Resolution,
extending the term date until September 30.
Council member Edstrom advised that by September 30, most people should be back from summer vacation.
Patricia Adams mentioned that this is only for the boards mentioned in the packet and not the Parks Board, as their
term does not expire until December.
Motion passed unanimously without further discussion.
D.7 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action regarding the creation of a Building Standards Commission.
Recognition of the NISD, girl's golf and hockey teams.
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Discuss and take appropriate action regarding the creation of a committee to review the Town Charter.
Discuss and take appropriate action regarding Police Facility.
Agenda deadline and timing of delivery of agenda packet.
Items requested to be added:
Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2005-26 relating to traffic and
street control standards, and adopting a new Ordinance related to traffic and street control standards, adding
an additional no U-Turn sign on TC Drive. (6-19)
Discuss and take appropriate action regarding the execution of a Water Study with Westlake. (6-19)
Town Council to enter into discussion with the Town Manager regarding his goals and objections that will
be used for that positions 90 day evaluation. (6-19)
Review the Pet Ordinance to verify that the vaccination requirements are compliant with State Law.
Mayor requested that the Council members begin to forward these issues to Brandon Emmons as the Town
Manager.
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.
D.8 Consent Agenda: Discuss and take appropriate action to approve execution of new signature resolutions for
Town Bank Accounts at First Financial Bank and Northwest Bank and Texpool by Brandon Emmons,
Roger Unger, Lisa Ramsey, and Nick Sanders.
Motion made by Council member Edstrom, seconded by Council member Williams to approve. Motion passed
unanimously without any discussion.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:48 P.M.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Sections 551.074(a)(1) "Personnel
Matters" and Section 551.071 (a) & (b) "Consultation with Attorney", respectively, the Council will enter
into executive session to discuss the following:
A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public officer:
(1) Appointment of Mayor Pro Tem.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 9:00P.M.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
Council member Sterling nominated Roger Williams for Mayor Pro Tem. Mayor Pro Tem Cates nominated Susan
Edstrom. The vote called on the nomination of Williams passed who received 3 votes from Council
members Lamont, Sterling and Williams; the vote was called on the nomination of Edstrom who received 2
votes from Mayor Pro Tem Cates and Council member Edstrom. Council member Roger Williams
received the most votes and was elected Mayor Pro Tem.
F.1 Adjourn.
Motion made by Council member Williams, seconded by Council member Lamont to adjourn. Motion passed
unanimously.
Meeting adjourned at 9:03 P.M
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
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__________________________________________ ___________________________________________
Lisa Ramsey, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.D.14
Consent Agenda: Discuss and take appropriate action regarding Minutes dated,
June 19, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes, dated June 19, 2006
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MINUTES OF BUDGET WORKSHOP AND REGULAR TOWN COUNCIL
MEETING FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 19, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, June 19, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Roger Williams Mayor Pro Tem
Pam Cates Council Member
Susan Edstrom Council Member
Greg Lamont Council Member
Phillip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Roger Unger Finance Director
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Danny Thomas Acting Fire Chief
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
Sakura Moten-Dedrick Financial Analyst
A.1 Mayor Sanders called the Regular Session to order at 6:02 p.m. noting a quorum was present.
A.2 Mayor Sanders led the invocation.
A.3 Mayor Pro Tem Williams led the pledges.
BUDGET WORKSHOP
B.1 Town Council Convened into a Budget Workshop and discussed preliminary budgets for Community
Development, Planning and Zoning and Information Systems.
Brandon Emmons commented that proposed budget is a balanced budget and summarized the changes made
accordingly. Adjustments made were to the franchise fees, an increase on revenues, a small increase to
storm water revenues, an increase in property evaluation and O&M, and that administrative and platting
fees were estimated on projected growth as well as departmental cuts in expenses.
Mayor Sanders requested that the record reflect Items 21and 24 under Hardware for IS are for the FTE budgeted in
the Parks and Recreation Budget as (Pool 60%/MC 40 %).
The consensus of the Council was to keep Storm Sewer as a fee as opposed to a tax.
Council recommended that $5,000 be removed from CD trash/recycling and street sweeping into Storm Sewer.
Council requested to be notified of any new personnel when brought on.
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Council expressed concern over the budgeted amount in line item 60205 for Street Repair and agreed that it should
be increased for repairs, not personnel. Council’s preferred that this line item be broken out.
Mayor Pro Tem Williams asked staff to generate numbers pushing the COLAs, merit increases and $2,500 increase
to Police and Fire back a few months.
The next budget meeting is scheduled for July 10, 2006, from 6:00 – 8:00 P.M, and is scheduled as a joint meeting
with the EDCs and Ways and Means.
Town Council took a 10-minute recess and convened into Regular Session at 8:00 P.M.
*REGULAR SESSION
C.1 Citizen Presentations.
Bob Radder, 1 Lee Court, complimented the Fire Department on their heroic efforts responding to the recent fire.
Mr. Radder requested that the Town Council seriously consider protection of staff and residents and add
staff to the Fire Department.
C.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: 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.
Brandon Emmons gave the following report:
Administration:
There are vacancies on several Boards and Commissions and we need your help. Applications will be accepted
through the month of July for EDC A, EDC B, P & Z, Tree Board and ZBA. Applications and required supplements
can be downloaded from the Town’s website.
Attention: Trophy Club residents whose property is now in Tarrant County!
Property owners (or agent) have to apply directly to the Tarrant County Appraisal District for homestead, over-65 or
disability exemptions. If you have questions about exemptions in Tarrant County, call 817 284-4063.
Community Development:
Highway 114 Extension
Trophy Club hosted the Metroport Communities Partnership last Thursday. The topic of the meeting was the
importance of the SH 114 extension west of Trophy Club to the area. This group was instrumental in getting the SH
114 expansion from Grapevine funded and built several years ago. Follow up meetings are scheduled with
surrounding Towns and NCTCOG.
Road Repairs
The Streets Department continues to make minor road repairs throughout the Town. Residents wanting to report
issues that need to be addressed may do so online at http://intouch.trophyclub.org or by phone at 682.831.4614.
Traffic Calming
The buttons on Trophy Club Drive will be removed and replaced with striping over the next two weeks. Please use
caution through this area when workers are present.
Trash/Recycling
Allied Waste Services has realigned their trash and recycling routes beginning Monday, June 19th to help improve
efficiency and reduce missed pickups. Residents experiencing a missed pick up may report it online at
http://intouch.trophyclub.org or by phone at 682.831.4685.
Code Enforcement
Code Enforcement handled 80 calls in May with 27 of the complaints addressing tall grass and weeds. Residents
may report code compliance issues online at http://intouch.trophyclub.org or by phone at 682.831.4659. Residents
reporting concerns online will receive automatic e-mail updates as the issue is addressed.
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Finance:
Budget Workshop
On July 10th, Council, EDC’s and Ways & Means will meet in a joint workshop to discuss and review the
preliminary budget.
Parks and Recreation:
4th of July
Join the Town of Trophy Club on Tuesday, July 4th for a good old-fashioned, flag-waving Independence Day
celebration. The celebration promises fun and entertainment for the whole family as we celebrate the birth of our
Nation. Don't miss the opportunity to celebrate our great country with your friends and family.
Events Scheduled for this year’s festivities are:
Pancake breakfast at the Lake Cities Church, Parade, 5k Run, Hot Dog Lunch at The Church at Trophy Lakes, Adult
Softball, Swim races, Carnival Games, Rides & Food, Idol Contest and fireworks. Entry forms for the events are
available on the Town’s website. Wrist Bands are now available at the Tom Thumb Customer Service Desk and at
the Community Pool and may be used in lieu of cash, to purchase food, carnival games and rides. Purchase early for
a greatly discounted family savings. Buy now and save $4 per child. Please check the website for more information
or call Parks and Recreation at 682-831-4603.
Flag Day
The Flag Day Celebration held at the MC Service Project area, hosted by the TCW Garden Club was huge success
with over 50 people attending. It raised funds for improvements to be made in this area. The Gardening Club has
voted to rename the service project area Trophy Gardens. P & R looks forward to working with the Garden Club on
more similar projects in the future.
Medians
We have replaced all of the Asian Jasmine on Indian Creek with sod and we will be evaluating the possibility of
replacing the Asian Jasmine on Trophy Club Drive during the next fiscal year.
Planning & Zoning:
Zoning Submissions
Taco Bueno has applied for Site Plan approval and an amendment to PD-13 to allow for a drive thru window for
tract 3 of The Village, located between the 7-Eleven and First Financial Bank.
Value Place Hotel has applied for Concept Plan approval for a tract of land located in PD-15, the Trophy Wood
Business Center. Additionally, they are proposing to Replat tracts 1 and 2 in order to gain land that will extend to
the SH 114 Service Road.
Police and Fire Services:
Police
Crosswalk survey - The police department conducted a survey of the crosswalks in town and made the following
suggestions to Community Development:
Paint white lines on both sides of all brick crosswalks in town for better visibility.
Crosswalks not located at intersections should be marked with town authorized standard crosswalk signs.
Crosswalks located in high parking areas should have "No Parking In Crosswalk" or "No Parking Within 10 Feet of
Crosswalk" signs erected.
Possibly install "Children Playing" signs at the all town parks or create an ordinance that follows other towns and
cities that limit the speed on streets in park areas to 20 MPH.
During the Click-It-Or-Ticket campaign, the Police Department issued a total of 24 citations for drivers and
passengers not wearing a seat belt.
NISD will not participate in or help fund the Crossing Guard program. NISD determined there was not a big enough
issue with traffic during the school year to warrant having crossing guards in Trophy Club.
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Fire
Disaster declaration for Denton County “Burn Ban.” Due to high winds, drought conditions and low humidity there
is a strict burn ban in place. Residents should take extreme care and caution. No outdoor flames will be allowed.
Cigarettes should be disposed of inside the home to prevent wild fires. Town Ordinance prohibits the use and
possession of any fireworks within the Town Limits and will be strictly enforced. Denton County, as well as most of
North Texas, is again experiencing hot and dry weather with little chance for relief in the immediate future. The
winter vegetation is already dry with the lack of rainfall.
Fire Captain Thomas has received direction and approval from the Master District for the replacement of old fire
engine.
Commendation
The Town would like to award a commendation to Mario Najera, Parks and Recreation Worker for his quick
thinking and actions regarding the fire at #1 Fair Green Drive. Mario Najera noticed smoke coming from the rear of
a house and stopped to check things out. He opened the rear fence gate to find the back porch fully engulfed in
flames. Mario then went to the front door and alerted the occupant of the home to get out saving himself and a
family pet, the occupant had been up stairs in his room on the computer and was unaware of the fire. Mario alerted
the fire department and provided information on the severity of the fire, allowing the Department the ability to
summon assistance from surrounding cities.
We as a Town can stand proud to have employees like Mario Najera on our staff who are concerned for our citizens
and our community.
Danny Thomas and Adam Adams presented Mario Najera with a life saving certificate and medal.
Council member Edstrom stated that Barbie Kadow is still seeking volunteers for the 4th of July.
C.3 Council to receive an update from Mayor Sanders regarding potential funding for water, wastewater and
other infrastructure for Horton development, and discussion of same.
Mayor Sanders advised that representatives from the Town Council, MUD 1, MUD 2 and staff met on June 8 to
discuss the growth and infrastructure due to the Highlands of Trophy Club. Mayor spoke to the vision,
goals and the objectives of this Task Force. This group is scheduled to meet again on June 22, 2006.
D.1 Discuss and take appropriate action repealing Resolution 2006-07 and approving a new Resolution
appointing members to serve on EDC A, EDC B, Planning and Zoning Commission, Tree Board and the
Zoning Board of Adjustment.
Since the passage of Resolution 2006-07, two seats on ZBA have been vacated. There is a request for variance that
has been filed with staff. With the reduced members on ZBA, staff has been unable to secure a quorum for
a meeting that had already been noticed for public hearing. In order to have a quorum, and to process all
ZBA applications in a timely manner, the two seats on ZBA need to be filled. Two applicants have
expressed an interest: Margi Cantrell and Kathleen Wilson.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Williams to a repeal Resolution 2006-07
and approve a new Resolution appointing Margi Cantrell and Kathleen Wilson to ZBA Zoning Board of
Adjustment.
Council member Cates the possibility of being briefed on attendance of candidates who serve on more than one
Board or Commission, expressing concern about time constraints due to serving in too many volunteer
capacities.
Kerin Fleck advised that ZBA meets so seldom, that this should not present an issue.
Council member Cates clarified that her concern was not in relation to these two individuals but rather for all Boards
and Committees.
Motion passed unanimously without further discussion.
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D.2 Discuss and provide input regarding an amendment to Chapter XIII, Article 5, Section 5.03 of the Town's
Zoning Ordinance, to provide 1) hard top pool safety covers, and 2) pool enclosures as approved permitted
accessory structure uses.
Recently, a resident inquired about the possibility of installing a hard top pool safety cover over his pool. The
structure is considered an accessory use, however this type of use is not currently permitted in the Town’s
Zoning Ordinance.
Council member Edstrom made a motion directing staff to proceed with amendments recommended by staff, to the
Zoning Ordinance for review from the P&Z Commission. Council member Cates seconded.
Council member Lamont spoke that the pictures on the website appear to be quite large.
Kerin Fleck reassured that there would be a height restriction.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Ordinance denying the request of Atmos Energy Corp,
Mid-Tex Division, for an annual gas reliability infrastructure (GRIP) rate increase in the Town and
approving cooperation with the Atmos Cities Steering Committee.
This is the third surcharge request filed by Atmos Mid-Tex seeking to add additional surcharges on top of the 2003
and 2004 GRIP surcharges already approved by the Railroad Commission.
Motion made by Council member Sterling, seconded by Council member Cates to approve the ordinance denying
the request of Atmos Energy Corp, Mid-Tex Division, for an annual gas reliability infrastructure (GRIP)
rate increase in the Town and approving cooperation with the Atmos Cities Steering Committee.
Council member Sterling commented that it looks as if these folks are in the business of making money.
Mayor Pro Tem Williams stated that gas prices have gone up.
Council member Sterling responded that this is not a result of rising gas prices but for infrastructure.
Brandon Emmons commented that a traditional rate always has increase for infrastructure, however for GRIP
special conception for this program and the 2005 and 2006 increase was requested. The Town took action
in May to suspend the effective date of this surcharge and must take final action on or before July 13, 2006.
The proposed ordinance denies the 2005 surcharge request on the grounds that it does not comply with the
law.
Council member Sterling questioned the stipulation that would apply to Grip if the infrastructure were not laid?
Brandon Emmons answered reimbursement for the cost of infrastructure, which does not have to be
expended in Trophy Club but rather in the Atmos Mid West Division.
Mayor Sanders commented that if any new development has gas, infrastructure would be needed.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding an agreement and resolution directing the Town Manager to
enter into an Interlocal Agreement with the Towns of Westlake and Roanoke to jointly participate in an
engineering study to evaluate the feasibility of contracting with an additional wholesale water supplier.
In order to assure that Trophy Club’s future will not be limited by a single water supplier, staff has identified a
second potential source of potable water for the Town from an existing but unused line owned and supplied
by the Upper Trinity River Water District. The contract will not only provide Trophy Club a conceptual
plan to access this water but will also explore the possibilities of other communities participating in this
project in the future to share or reimburse proportionate costs to Trophy Club.
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Motion made by Council member Edstrom, seconded by Council member Lamont to approve the agreement
directing the Town Manager to enter into an Interlocal Agreement with the Towns of Westlake and
Roanoke to jointly participate in an engineering study to evaluate the feasibility of contracting with an
additional wholesale water supplier and expenditure of funds $15,562.50 from the contingency fund.
Mayor Pro Tem Williams question Roanoke’s position. Roger Unger responded that Roanoke is still undecided,
however the agreement is such that if Roanoke does decide to participate an amendment would not be
needed.
Council member Cates questioned the viability of sharing the costs with the MUDs considering the Town holds the
CCN. Mayor Sanders replied not very likely.
Motion passed unanimously without further discussion.
D.5 Discuss and take appropriate action relative to an Ordinance repealing Town Ordinance No. 2006-13 in its
entirety, and adopting a new Ordinance amending Chapter 11, entitled "Public Works" of the Trophy Club
Code of Ordinances, by adding Sections 8.01-8.05 to Article VIII, entitled "Lawn and Landscape Irrigation
Conservation".
An Ordinance providing for Water Restrictions was approved at the June 5th meeting but was not adopted into the
Code of Ordinances.
Motion made by Council member Edstrom, seconded by Council member Lamont to repeal Ordinance 2006-13 and
adopt a new Ordinance amending Chapter 11, entitled "Public Works" of the Trophy Club Code of
Ordinances, by adding Sections 8.01-8.05 to Article VIII, entitled "Lawn and Landscape Irrigation
Conservation".
Council member Edstrom commented that is clean from codification approved at the last meeting.
Mayor Pro Tem Williams asked if this would need to be amended if Fort Worth changed their restrictions.
Patricia Adams responded that although we do not know what Fort Worth will do, we would bring back any
changes.
Roger Unger confirmed with Sakura Moten that the fine has been set at a maximum of $400.00.
Council member Cates asked if the Town is crossing boundaries with the MUDs. Patricia Adams responded that the
MUDs requested that the Town enforce the restrictions.
Beth Ann Gregory contributed that only warnings have been issued to date and that this is not to generate revenue,
but to enforce compliance.
Motion passed unanimously without further discussion.
D. 6 Discuss and take appropriate action regarding a Resolution affirming Cities Aggregate Power Project
(CAPP) as authorized agent for the Town's electricity needs as a CAPP member, authorizing the Chairman
of CAPP to negotiate and execute an electric supply agreement for delivery of electricity beginning
January, 2007, and if feasible for 2008, and expressing the Town's desire to budget funds necessary to pay
electricity costs for the Town's electricity load under the supply agreement.
The Town of Trophy Club is a member of Cities Aggregate Power Project (CAPP), which is a non-profit political
subdivision serving its member cities in an effort to secure electric power for those cities at a favorable
price. The proposed resolution would authorize the CAPP Chairman to execute a contract on behalf of
Trophy Club for a supply of electricity to the Town for the year 2007.
Motion made by Mayor Pro Tem Williams, seconded by Council member Cates to approve the Resolution affirming
Cities Aggregate Power Project (CAPP) as authorized agent for the Town's electricity needs as a CAPP
member, authorizing the Chairman of CAPP to negotiate and execute an electric supply agreement for
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delivery of electricity beginning January, 2007, and if feasible for 2008, and expressing the Town's desire
to budget funds necessary to pay electricity costs for the Town's electricity load under the supply
agreement.
Brandon Emmons explained that the Town is currently participating in this program and it enables us to use the
energy source from another source.
Motion passed unanimously without further discussion.
D. 7 Discuss and take appropriate action regarding a Resolution endorsing the efforts of the Atmos Cities
Steering Committee (ACSC) to reduce the rates of Atmos Energy Corp., Mid-Tex Division, authorizing the
Town's participation in appeals through ACSC, and denying Atmos statement of intent to increase the gas
utility rates within the Town.
Passage of this resolution is recommended by the Steering Committee in order to allow a review of the rates charged
by Atmos for gas. The resolution authorizes the Town to participate with the Atmos Cities Steering
Committee in proceedings before the Railroad Commission and associated litigation.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Williams to approve a Resolution
endorsing the efforts of the Atmos Cities Steering Committee (ACSC) to reduce the rates of Atmos Energy
Corp., Mid-Tex Division, authorizing the Town's participation in appeals through ACSC, and denying
Atmos statement of intent to increase the gas utility rates within the Town.
Mayor Williams questioned if the Town would have to fund any litigation.
Patricia Adams responded that this is a rate case challenge and the Town would not be subject to any cost associated
with litigation should there be any.
Motion passed unanimously without further discussion.
D.8 Town Council to discuss and provide direction to staff regarding repairs to the DPS building.
Danny Thomas presented bids received from Gallagher’s, Paul Walden, R.L. Murphy Commercial Roof Systems,
L.P., Roofco, Inc. and GE Equipment Services Modular Space and requested direction from Council.
Brandon Emmons added that the line item in the current budget cannot incur this, and requested that Council advise
staff where to designate payment.
Motion made by Mayor Pro Tem Williams, seconded by Council member Sterling to approve the bid submitted by
and expenditure of those funds in the current year budget, under building maintenance, spending in access
of budget line item.
Mayor Pro Tem Williams asked the grounds for rejection of the low bid.
Danny Thomas advised that the specifications of the bid and scope of detail in the bid were not addressed. For
instance, Gallaghers bid included totally removing gutters to expand them and then replacing them.
Roger Unger provided that the Council could authorize the funds to go over the line item budget or pay a portion
now and spread the rest over a term of a few years.
Council member Cates asked if this could be put under GASB 34. Roger Unger advised that building maintenance
has never been put under GASB 34.
Mayor Sanders asked what estimate was on cash reserves.
Roger Unger projected that as of a few months ago, $800 thousand uncommitted general funds remaining at the end
of the year.
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Mayor Sanders prefers not to finance and pay interest, considering we have the money.
Council member Lamont agreed.
Mayor Pro Tem Williams asked about a guarantee. Danny Thomas responded a 12-month warranty on the roof.
Mayor Sanders confirmed that Gallagher’s references were checked and adequate.
Danny Thomas noted that the severe water damage due to drainage issues would come out of current budget with
internal repairs. The air conditioners will have to be fixed separately as not included in the bid.
Per Council member Sterling’s request, staff will provide a payment breakdown for a lease agreement of 24 months
and another for 36 months.
Motion passed unanimously without further discussion.
D.9 Discuss and provide direction to staff regarding current policies on agenda deadlines, delivery of agenda
packet to Council, and variance from that schedule by the Town Manager.
Brandon Emmons advised that staff received a request to reevaluate timeframe for the delivery of the Agenda and
Packet. Emmons recommended moving up the internal deadline for staff to have items to the Town
Secretary for Legal review to 5:00 on the Monday preceding Council, with the goal of posting on
Wednesday. Emmons asked if receiving the Agenda on Wednesdays prior to Council meetings would
satisfy the requirements and be sufficient for the Council to research and review the agenda.
Council member Lamont thinks that time is beneficial to prepare and research.
Council member Cates requested that legal agreements be forwarded to them sooner for review.
Mayor Pro Tem Williams suggested that large and complicated documents be reviewed at the first meeting of the
month with action occurring at the second meeting.
Council member Edstrom does not want to create additional work for staff or Council and thinks that by posting so
early may result in the package having to be amended towards the end of the week.
Brandon Emmons commented that amendments would only occur on items with statutory deadlines.
Mayor Sanders spoke to the enforcement of deadlines and accountability and commitment to the established
deadlines.
No action taken.
D.10 Motion made by Council member Edstrom, seconded by Council member GL to approve financials dated
May 2006.
Motion passed unanimously without any discussion.
D.11 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds. (8/21)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
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Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action regarding the creation of a Building Standards Commission.
Recognition of the NISD, girl's golf and hockey teams.
Discuss and take appropriate action regarding the creation of a committee to review the Town Charter.
Agenda deadline and timing of delivery of agenda packet.
Review Ordinance 2002-18 to insure that the pet vaccination requirements are compliant with State law.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing
the Town's Emergency Management System.
Added the July 10th meeting dated to the item discussing Building Standards and to the Item regarding pet
vaccinations.
Added an item for:
Council to discuss the procedures by which Council will move forward on Vision 2010. (8-7)
Adoption of policy for bank depository agreement with bank located outside of the town. (7/10)
Adoption of guidelines for use in selection of bank depository services provider (7/10)
Banking RFP acceptance. (8-21)
Discussion regarding procedures for approving appointments to Advisory Groups, Boards and Committees and ways
to report attendance issues to Council and concurrent status on boards.
.
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.
Mayor Sanders request that Item D.12 be removed from the Consent Agenda and Item D.16 be referred to the July
10, 2006 meeting.
Motion made by Council member Edstrom, seconded by Council member Cates to remove Item D.12 from the
Consent Agenda. Motion passed unanimously.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Williams to remove Item D.16 from the
Consent Agenda. Motion passed unanimously.
D.12 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Article XII,
Chapter 1 of the Code of Ordinances, entitled "Administration", by repealing Section 13.01 in its entirety,
and adopting a new Section 13.01 of the Code of Ordinances entitled "Requests for Information" which
provides for the release of information pursuant to the Open Records Act, by facsimile machine and email.
Patricia Adams advised that the penalty should be removed from this Ordinance.
Motion made by Council member Edstrom, seconded by Mayor Pro Tem Williams approve the Ordinance and
remove the penalty clause from the caption. Motion passed unanimously.
D.13 Consent Agenda: Discuss and take appropriate active relative to an Ordinance amending Chapter 10,
entitled Public Safety, Article II, entitled "Traffic and Vehicles", Section 2.03, entitled "Traffic Control
Devices" to provide for the placement of a sign prohibiting U-Turns to northbound traffic at the south end
of the median of Trophy Club Drive abutting State Highway 114 service road and west of 99 Trophy Club
Drive, and authorizing the placement of such sign.
D.14 Consent Agenda: Discuss and take appropriate action moving the regularly scheduled meeting for
September 4 to September 11.
D.15 Consent Agenda: Discuss and take appropriate action to approve Minutes dated June 3, 2006.
D.16 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 5, 2006.
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Motion made by Council member Edstrom, seconded by Council member Lamont to refer the item to July 10, 2006.
Motion passed unanimously.
D.17 Consent Agenda: Additional Information for Council as provided by the Department of Police and Fire
Services.
D.18 Consent Agenda: Additional Information for Council as provided by the Community Development
Department regarding Animal Control and Code Enforcement.
Motion made by Mayor Pro Tem Williams, seconded by Council member Edstrom to approve Consent Agenda
Items D.13 – D.15 and D.17 – D.18. Motion carried unanimously.
D.19 Discuss and take appropriate action regarding the Town Manager duties, goals and objectives for the ninety
(90) day evaluation.
Brandon Emmons commented that it is not often that you get to set your own goals and you will be reviewed on and
that he appreciates the opportunity to do so. Emmons explained his short-term goals as:
1. Effectively communicate focal point and establish Town Manager as the chief administrative officer and
head of the administrative branch of the Town
2. Establish a team mentality that all employees work for one entity. Plans to accomplish with team
building and training,
3. Develop a friendly environment for new development.
Quantifiable goals as:
1. Reevaluate the Town’s Organization chart
2. Clarify the reporting structure of staff and chain of command by setting guidelines
3. Identify expense saving opportunities by establishing interlocal agreements, thus sharing expenses with
neighboring communities
4. Create job descriptions Police and Fire Chief, post, interview and hire for these positions
5. Define parameters for the agenda process (Accomplished earlier in the meeting.)
Long-term goals:
1. Review and implementation of comprehensive plan for Trophy Club
Brandon Emmons informed Council members Lamont and Sterling of his vacation in August as he previously
informed the Mayor and other Council members during at his interview.
Mayor Sanders requested that Brandon add to his long-term goals and objections the facilitation of a process for
providing water/waste water to the Highlands of Trophy Club to his goals and objective. Sanders requested
that at the end of Emmons’ first year, he present a vision, plan and process toward meeting the Town’s
number one objective, of the future of the MUDs in the Town.
Mayor Pro Tem Williams requested that a balanced budget be presented at the very beginning of in future budget
processes.
Council member Lamont would like to see the committees become more active and provide Council with periodic
reports.
Council member Edstrom asked that Brandon focus on encouraging volunteerism.
Council member Cates asked that Brandon work on improving the Town’s image that has been lost in the
community.
D.20 Town Manager, Brandon Emmons to designate an Acting Town Manager, as per the Charter.
Brandon Emmons informed the Council of his designation of Roger Unger as Acting Town Manager and his intent
to periodically alternate the designation among capable and qualified members of staff.
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Motion made by Mayor Pro Tem Williams, seconded by Council member Edstrom to approve the appointment of
Acting Town Manager to Roger Unger.
Motion passed unanimously without any discussion.
F.1 Adjourn.
Motion made by Council member Edstrom and seconded by Mayor Pro Tem Williams to adjourn. Motion passed
unanimously without any discussion.
Meeting adjourned at 10:13 p.m.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
______________________________________________ _________________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-10-2006
Subject: Agenda Item No.F.1
Adjourn.
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Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to
neighbors or others in close proximity to the premises where the Animal is kept or harbored;
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Causes unsanitary conditions in enclosures or surroundings where the Animal is kept or
harbored; or
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Vaccinated and Current: Shall mean
vaccinated and satisfying the following criteria: