Minutes TC 10/28/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, October 28, 2014 at 7:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 28, 2014. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Philip Shoffner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Patricia Adams
Town Attorney
Tammy Ard
Town Secretary
April Reiling
PIO/Marketing Manager
Danny Thomas
Fire Chief
Lee Delk
Police Commander/Interim Police Chief
John Zagurski
Budget Analyst
Matt Jones
Senior Planner
Mayor Sanders announced the date of Tuesday, October 28, 2014 called the Town Council to order and announced
a quorum at 7:31 p.m.
The Invocation was offered by Chief Thomas.
The Pledges were led by Commander Delk.
1. Swearing in of Chief Patrick Arata
Judge Chambers administered the oath of office to Chief Arata.
Nicole Arata pinned Chief Arata's badge.
Chief Arata provided a few incoming remarks.
CONVENE INTO WORKSHOP SESSION - START TIME — 7.45 P.M.
WORKSHOP SESSION
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28,
2014.
Mayor Pro Tem Lamont requested clarification regarding consent agenda item number 12.
October 28, 2014 Town Council Minutes Pagel of 43
Council Member Parrow would further like to discuss item # 7 on the consent agenda; wanted to let the Mayor
know he will wanting to pull that item.
3. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the November 13, 2014 meeting.
Mayor Pro Tem Lamont requested remove or replat TIRZ #2 to the November 13, 2014 agenda.
4. Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and
other types of fowl with the Town limits.
Town Manager Slye provided an overview regarding our current ordinance.
Council provided direction in order for this ordinance to come back at a future date.
Discussion of items from future agenda list:
A. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe
7/22/2014)
Council would like this brought back with term limits and limits of terms.
B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014)
CFAB has been given the task to review: retirement options, RFP for outsourcing the parks department and
salary true up for fire and police
This item can be removed from the future agenda list.
C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for
signage. (Sanders 7/22/2014)
Mayor Sanders provided pictures that covered items C & D.
Give the Town Manager the direction to get pricing, gather property information on the corner of Trophy Club
Drive and SH114 for a Town entry monument.
Attachment A -Signs
D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood
Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014)
Council would like a plan brought back regarding monument and directional signage.
E. Consider and take appropriate action regarding residential property renewal for tax incentives and
grants for the recovery and renewal of existing residential properties. (Rowe 8/12/2014)
This item can be removed from the future agenda list.
CONVENE INTO REGULAR SESSION - START TIME— 8:48 P.M.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
October 28, 2014 Town Council Minutes Page 2 of 43
Jenny and Adam Fox, 2753 Enfield Drive addressed the Council regarding the Lennar builder trailer on Waverly
Drive that has been located there since 2009.
CONSENT AGENDA
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.
6. Consider and take appropriate action regarding the minutes dated October 14, 2014.
Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to
provide procedures for the processing of coin payments tendered to the Town.
Council Member Parrow requested to remove agenda item #7 from the consent agenda.
Council Member Parrow requested clarification on this policy and possible alternatives to paying municipal fines
with large amounts of change.
Motion made by Council Member Parrow, seconded by Council Member Reed, to approve an amendment to the
Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town.
Motion passed unanimously.
Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27 authorizing
participation in various cooperative purchasing programs and adopting a new resolution authorizing
participation in various cooperative purchasing programs in accordance with the Town's Procurement
Policies and Procedures authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee and approving related contracts and the payment of
related fees in accordance with the budget and providing an effective date.
9. Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability
Council of Texas ("ERCOT") membership for 2015 and the ERCOT Membership Agreement; authorizing the
payment of required membership fees; and authorizing the Mayor or his designee to execute necessary
documents.
10. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of
Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform
Tailor; and authorizing the Town Manager or his designee to execute all necessary documents.
11. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton
County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee
to execute all necessary documents.
12. Consider and take appropriate action regarding an amendment to the Subdivider's Agreement for Waters
Edge at Hogan's Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary
documents.
Updated Subdivider's Agreement for Waters Edge at Hogan's Glen, Phase 3 provided at the dais.
Attachment B - Updated Subdivider's Agreement for Waters Edge at Hogan's Glen, Phase 3
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda.
Motion passed unanimously.
October 28, 2014 Town Council Minutes Page 3 of 43
PUBLIC HEARING
13. Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD -30), an
approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY
114. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7,
2014.)
CONVENE INTO PUBLIC HEARING - START TIME — 9:05 P.M.
PUBLIC HEARING - END TIME— 9:06 P.M.
RECONVENE INTO REGULAR SESSION - START TIME — 9:06 P.M.
REGULAR SESSION
14. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04
appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club,
Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the
Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term
of service; and providing an effective date.
Original Motion
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Resolution 2014-44
appointing David Brod as the chairperson and reaffirming existing appointments to the Board of Directors of
Reinvestment Zone Number One.
Substitute Motion
Motion made by Council Member Reed, seconded by Council Member Parrow, to refer this item as Council would
like to speak with Mr. Brod regarding TIRZ #1.
Motion carried 5-1-0 with Mayor Pro Tem Lamont, Council Member Parrow, Council Member Reed, Council
Member Rowe, and Council Member Shoff ner, voting for and Mayor Sanders voting against.
15. Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to
the Trophy Club Commons development located at 925 Trophy Club Drive.
Original Motion
Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to accept the proposed plan with a
99 year lease.
Amended Motion
Motion made by Mayor Sanders, seconded by Council Member Parrow to eliminate item #6 Giving the Town
approximately $25,000 in mitigation monies upon the Town issuing a Certificate of Occupancy.
Motion carried 5-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Parrow, Council Member
Reed, and Council Member Rowe, voting for and Council Member Shoffner voting against.
Original motion with amendment passed unanimously.
October 28, 2014 Town Council Minutes Page 4 of 43
16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing
citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution
to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an
effective date.
Original Motion
Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve Resolution 2014-40
replacing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board
(CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments
to the CCPD as follows:
1. Dena Boudreau (2016)
2. Paul Glowacki (2016)
3. Louis Opipare (2016)
4. James Jay Isherwood (2015)
Crime Control and Prevention District
5. Mike Conklin (2015)
6. Adam Broyles (2015)
7. Loren Van Roekel (2015)
Amended Motion
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to replace Adam Broyles with
Mark Chapman.
Pearl Ford, 2 Spring Creek, addressed the Council regarding the procedure of changing the process and does not
think the procedure is correct to make an amendment to an item when the applicant is not in the agenda packet.
Mayor Pro Tem Lamont withdrew his amendment and the second Council Member Parrow agreed.
Original motion
Motion passed unanimously.
17. Consider and take appropriate action regarding nominations to serve as a member of the Denton County
Transportation Authority Board of Directors.
Attachment C— Certified Minutes showing notice of nomination
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to nominate F. E. "Skip" Kalb Jr.
in conjunction with the City of Roanoke to the Denton County Transportation Authority Board of Directors.
Motion carried 5-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Reed, Council Member Rowe,
and Council Member Shoffner, voting for and Council Member Parrow voting against.
18. Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of
Section 2.02(B) "Speed of Vehicles" of Article II, "Traffic & Vehicles" of Chapter 10, "Public Safety" of the
Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone)
on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200
for each violation; and providing an effective date.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Ordinance 2014-34
to extend the school zone from 2:30 pm — 3:30 pm to 2:30 pm to 5:00 pm on Trophy Club Drive, south of its
intersection with Durango Drive.
Motion passed unanimously.
October 28, 2014 Town Council Minutes Page 5 of 43
19. Town Council Liaison Updates; discussion of same:
• Parks & Recreation Board - October 20th Council Liaison
Council Member Shoffner
No action taken, update only.
20. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• Election Update
• Codification Update
• Volunteer Dinner
• Loop Road Update
• Parks & Recreation Update
- TC Fright Light Contest Winners
- Dino Playground Update
- Fall Family Camp Out
- Fall Family Festival
• Community Development Updates
- Waters Edge at Hogan's Glen, Phase 3
- Canterbury Hills, Phase 3
- The Isles of Turnberry, NH 4, The Highlands
- Villas of Hogan's Glen, Phase 2
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
21. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Council Member Reed asked that we have a future discussion regarding how we handle street lights in Town. -
Mayor Sanders would like an update at the next council Meeting
Town Manager Slye notified Council that he received resignation from Tim Gamache as the American Supporting
Americans (ASA) liaison. We need to solicit a volunteer to head the town's participation in America Supporting
Americans.
Council Member Rowe asked that "Consider and take appropriate action regarding Codification of ordinances
policy" be placed on the list.
EXECUTIVE SESSION
22. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the
purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third person:
October 28, 2014 Town Council Minutes Page 6 of 43
(1) Potential sites for the location of anew Police and Town Hall Facility and related negotiations
CONVENE INTO EXECUTIVE SESSION - START TIME —10:33 P.M.
RECONVENE INTO REGULAR SESSION - START TIME —11.41 P.M.
RECONVENE INTO REGULAR SESSION
23. Consider and take appropriate action regarding the Executive Session.
Motion made by Council Member Shoff ner, seconded by Mayor Pro Tem Lamont, to authorize the Town Manager
to obtain a survey and appraisal, to re-engage the architect to provide conceptual layout or footprint for the
building, and to offer a Letter of Intent to purchase for $7.00 per square foot or a price not to exceed fair market
value for the purchase of an approximate 3.4 acre tract of land owned by the Methodist Church.
Motion passed unanimously.
Mayor Sanders explained that the Town has been looking at multiple options to locate Town facilities, and this is
the beginning of our negotiation process. This action does not mean that we would not consider another location
but we are moving forward with trying to secure a site.
Attachment D — Letter of Intent to Methodist Church
ADJOURN
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
unanimously. Meeting adjourne at 11:43 p.m.
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Tam 6Y Ard, To n ecretary C. Nick Sanders, Mayor
Town of Trophy ub, Texas Town of Trophy Club, Texas
October 28, 2014 Town Council Minutes Page 7 of 43
ATTACHMENT A
Signs
October 28, 2014 Town Council Minutes Page 8 of 43
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ATTACHMENT B
Updated Subdivider's Agreement for Waters Edge at Hogan's Glen, Phase 3
October 28, 2014 Town Council Minutes Page 16 of 43
WATERS EDGE AT HOGAN'S GLEN, PHASE III
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR DEVELOPMENT, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the town limits of Trophy Club,
Texas, for Waters Edge at Hogan's Glen, Phase III, more particularly described as a
tract of land consisting of approximately 21.123 acres of land, hereinafter being referred
to collectively as the "PROJECT," and such public improvements being more
particularly described in Section II of this AGREEMENT. It is understood by and
between the parties that this AGREEMENT is applicable to the lot(s) contained within
the Final Plat as presented to TOWN Staff on August 12, 2014, and to the offsite
improvements necessary to support the PROJECT, more particularly described in
Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when
properly signed and executed, shall satisfy the requirements of the TOWN'S
Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received preliminary
plat approval from the Town on December 3, 2007.
B. It is agreed and understood by the parties hereto that the
DEVELOPER has employed a civil engineer licensed to practice in the
State of Texas for the design and preparation of the plans and
specifications for the construction of all public improvements and
facilities described in Section II and covered by this AGREEMENT.
Unless otherwise specified herein, such plans and specifications shall
be in accordance with the TOWN'S "Design Standards for Paving,
Drainage and Utility Improvements" and the North Central Texas
Council of Governments' (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER shall award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
October 28, 2014 Town Council Minutes Page 17 of 43
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre -construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the DEVELOPER for the Project. Any surety company through
which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, provided that the TOWN, through the Town
Attorney, shall retain the right to reject any surety company as a surety for
any work under this or any other SUBDIVIDER'S AGREEMENT regardless
of such Company's authorization to do business in Texas. Approvals by the
TOWN shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, DEVELOPER may
provide financial assurances for performance and maintenance in the
form of a cash deposit, a certificate of deposit, or irrevocable letter of
credit. Provided however, that such alternative financial assurances shall
only be allowed if each meets all requirements specified in Section 7.2 of
the Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the DEVELOPER providing a performance bond,
payment bond, and maintenance bond, as specified above, DEVELOPER
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
October 28, 2014 Town Council Minutes Page 18 of 43
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a "Guarantee" or collectively the
"Guarantees") submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
October 28, 2014 Town Council Minutes Page 19 of 43
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
The DEVELOPER'S Engineer has prepared detailed estimates of
$565,385.20 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The Payment,
Performance and Maintenance Bonds provided by the DEVELOPER shall
cover only the public improvements and facilities for this Project. The TOWN
shall not accept any construction improvements outside of the Project and
the two (2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN'S approval and acceptance of the final plat and the engineering
plans, the final plat shall be recorded with the County Clerk of Denton
County. Except as specifically provided herein, no building permits shall be
issued for any lots in the Project until the final plat is filed and the public
improvements and facilities specified herein are completed and accepted by
the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre -construction conference
prior to the initiation of any work. At or prior to the pre -construction meeting,
DEVELOPER shall provide the TOWN with the following documents: 1) One
(1) copy of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. The list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
DEVELOPER shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
October 28, 2014 Town Council Minutes Page 20 of 43
required insurance has been obtained prior to the pre -construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club
Teague, Nall & Perkins
Mike SI e, Town Manager
Tom Rutledge, Town Engineer
100 Municipal Drive
1100 Macon Street
Trophy Club, Texas 76262
Fort Worth, Texas 76102
Phone: 682-831-4600
Phone: 817-336-5773
Fax: 817-490-0705
Fax: 817-336-2813
Email: milye@ci.trophyclub.tx.us
Email: trutiedge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer's instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that,
except as specifically provided herein, the TOWN shall issue no building
permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in
accordance with this Agreement. Further, DEVELOPER agrees to inform all
persons or entities purchasing the lots or any interest in the lots that, except
as specifically provided herein, TOWN shall not issue any building permits
until all public improvements and facilities are completed in accordance with
this Agreement.
October 28, 2014 Town Council Minutes Page 21 of 43
P. After completion and prior to acceptance of all work, the DEVELOPER shall
furnish to the TOWN an affidavit of all bills paid.
Q. DEVELOPER shall be responsible for development of a Homeowners
Association (HOA) and Developer/HOA shall be responsible for maintenance
of all common areas.
11. PUBLIC AND PRIVATE IMPROVEMENTS AND FACILITIES TO BE
CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment "B". Except as expressly provided otherwise,
DEVELOPER, and when applicable, Homeowners Association shall be
responsible for the construction and maintenance of all improvements and
facilities for the Project:
1) Water Distribution System.
2) Sanitary Sewer System.
3) Drainage and Storm Sewer System.
4) Street Paving — Streets shall be built to Town standards, shall be private,
and shall be owned and maintained by the Homeowners Association for
PD -22.
5) Landscaping (shall be owned and maintained by the PD -22
Homeowners Association).
6) Fences/Walls/Retaining Walls (shall be owned and maintained by the
PD -22 Homeowners Association).
7) Signs — Shall comply with TOWN Sign Regulations.
8) Driveways and Walkways — The DEVELOPER shall be responsible for
the construction of sidewalks and pathways as required in Ordinance
2000-09, Exhibit C, Item I. "Driveways and Walkways", as well as to the
standards and requirements of Item N. "Pathway Plan", as well as to the
standards and requirements of Chapter 12 -Subdivision Rules &
Regulations, Article V -Improvements, Section 5.05 -Sidewalks and Extra
Width Paths.
9) Lights — Street lights shall be as designated on street light layout plan
approved by Town and submitted to Oncor.
10) Common Areas and Open Space Lots — All common areas and open
space lots shall be owned and maintained by the Homeowners
Association.
October 28, 2014 Town Council Minutes Page 22 of 43
11) Parkland Dedication — The DEVELOPER has met the parkland
dedication requirements of the TOWN by previously conveying parkland.
No additional dedication shall be required with this project.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be
submitted to the TOWN within two (2) months following the acceptance
of the public improvements and facilities.
3. Testing
The DEVELOPER shall provide all geotechnical and materials tests
required by the TOWN Engineer and TOWN Inspector at the
DEVELOPER'S cost in accordance with Section 7.03 of Article 7,
Chapter 12 of the TOWN's Code of Ordinances. Such tests shall be
conducted by an independent laboratory acceptable to the TOWN.
4. Permits
The DEVELOPER shall pay a Community Facilities inspection fee in the
amount of $28,269.26 (5% of $565,385.20) to cover the cost of TOWN
inspection fees as related to the construction of the Project. As
applicable, DEVELOPER shall be obligated to pay other TOWN fees as
set forth in the TOWN'S Schedule of Fees, as may be amended from
time to time. The DEVELOPER shall be responsible for obtaining any
other permits which may be required by other federal, state or local
authorities.
5. Planned Development No. 22.
DEVELOPER shall construct and maintain all improvements in
accordance with the TOWN approved Planned Development District No.
22 and all TOWN approved amendments thereto in addition to all other
TOWN ordinances.
October 28, 2014 Town Council Minutes Page 23 of 43
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN'S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the following
amounts: Coverage shall be on an "occurrence" basis and shall be issued
with a combined bodily injury and property damage minimum limit of
$600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability
of the DEVELOPER, his engineer, employees, officers or agents with
respect to the construction of any of the PROJECT'S improvements or
facilities, or for the accuracy and competency of the PROJECT'S
improvements and facilities design and specifications prepared by the
DEVELOPER'S consulting engineer, his officers, agents, servants or
employees, it being the intent of the parties that the approval by the
TOWN Engineer signifies the TOWN'S approval on only the general
design concept of the improvements and facilities to be constructed.
The DEVELOPER shall release, indemnify, defend and hold harmless
the TOWN, its officers, agents, servants and employees, from any
demands, actions, causes of action, obligations, loss, damage, liability
or expense, including attorneys fees and expenses, on account of or
with respect to damage to property and injuries, including death, to any
and all persons which may arise out of or result from any defect,
deficiency or negligence in the construction of the PROJECT'S public
improvements and facilities or with respect to the DEVELOPER'S
Engineer's designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and
the DEVELOPER shall defend at his own expense any suits or other
proceedings brought against the TOWN, its officers, agents, servants or
employees, or any of them, on account thereof, and pay all expenses
and satisfy all judgments which may be incurred or rendered against
them or any of them in connection herewith. All responsibility and
liability for drainage to adjacent and downstream properties from
development of this PROJECT shall accrue to the DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
October 28, 2014 Town Council Minutes Page 24 of 43
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Building
Permit for any lot until the public facilities and improvements identified in
Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph as
"Partial Improvements") are completely constructed to the satisfaction of the
TOWN Engineer or his agent and in accordance with the stamped approved
Construction Plans (Final Completion). Upon Substantial Completion of the
Partial Improvements, a "punch list" of outstanding items shall be presented
to the Developer's contractor(s) indicating those outstanding items and their
deficiencies that need to be addressed for Final Completion of the Partial
Improvements. Upon Final Completion of the Partial Improvements, the Town
will issue Building Permits for ten (10) percent of the 22 homes proposed to
be constructed in this PROJECT in accordance with the terms of this section.
The Town shall process those permit applications based upon date and time
of the filing of each permit application; provided however that permits shall
only be issued for the first two (2) applications for Building Permits that meet
all requirements of applicable regulations and for which all applicable fees are
timely paid. DEVELOPER shall complete Items 5, 6, 8, 9, and 10 listed in
Paragraph II (A) herein (referred to in this paragraph as "Improvements"
within 180 days of the final acceptance of the Partial Improvements. The
TOWN shall not issue a Letter of Acceptance or certificates of occupancy for
this PROJECT until all public facilities and improvements listed in Paragraph
II (A) are completely constructed to the satisfaction of the TOWN Engineer or
his agent and in accordance with the stamped approved Construction Plans
(Final Completion). However, upon Substantial Completion, a "punch list" of
outstanding items shall be presented to the Developer's contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements for this PROJECT.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall be assigned by the DEVELOPER without the express
written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not completed
within the eighteen (18) month period, the TOWN may, at its sole election,
draw down or otherwise exercise it rights under or with respect to any
Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
October 28, 2014 Town Council Minutes Page 25 of 43
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its' obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence be
an act of God or the common enemy or the result of war, riot, civil commotion,
or sovereign conduct, then upon written notice of such occurrence, such party
shall be excused from performance for a period of time as is reasonably
necessary after such occurrence to remedy the effects thereof, and each
party shall bear the cost of any expense it may incur due to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider's
AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances,
and State and Federal law, shall be construed in favor of the TOWN's
ordinance(s) as allowed by law, subject to Chapter 245 of the Local
Government Code. To the extent that any such conflict exists, only that
portion of the Subdivider's AGREEMENT which is in conflict shall be
severable from the other provisions of the AGREEMENT, and such conflict
shall in no manner affect the validity or enforceability of the remaining
provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the TOWN in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the TOWN. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
October 28, 2014 Town Council Minutes Page 26 of 43
SIGNED AND EFFECTIVE on the date last set forth below.
Date:
Date:
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
DEVELOPER:
BDMR Development, LLC
Printed Name:
Title:
TOWN OF TROPHY CLUB, TEXAS
Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
October 28, 2014 Town Council Minutes Page 27 of 43
ATTACHMENT C
Certified Minutes showing notice of nomination
October 28, 2014 Town Council Minutes Page 28 of 43
CERTIFICATION
TOWN OF TROPHY CLUB
STATE OF TEXAS
October 29, 2014
I, Tammy Ard, Town Secretary for the Town of Trophy Club, Texas do hereby
certify that the attached document: Town Council Minutes dated October 28,
2014 of the Town of Trophy Club, Texas, is a true and correct copy of the original
of said documents on file in the Town of Trophy Club nominating F. E. "Skip"
Kalb Jr. in conjunction with the City of Roanoke to the Denton County
Transportation Authority Board of Directors (agenda item #17).
T"y Ard/T wn Secretary
Town of Tro y Club, Texas
October 28, 2014 Town Council Minutes Page 29 of 43
Denton County Transportation Authority Nomination Form
Date: October 24, 2014
City: Roanoke Population: 8,300
Commissioner Precinct: Pct. 4
Mayor: Carl "Scooter" Gierisch City Manager/ Administrator: Scott Campbell
Designee Name: F..E "Skip" Kalb, Jr. Title: Dir. Strategic Development
Home Address: 509 Primrose Ct., Argyle, Texas Zip Code: 76226
Home Phone: 940-464-1316 Home Fax: 940-464-1316 w Notice
Home E -Mail: skipkalb@aol.com
Profession/Type of Work: Railroad Economic Development
Office Address: 2650 Lou Menk Dr., Ft. Worth, Texas Zip Code: 76131
Office Phone: 817-867-6133 Office Fax: 817-352-0376
Office E -Mail: skip.kalb@bnsf.com
Special experience, knowledge or skills you will bring to this position: I have worked in
the rail economic development field for over 39 years, specializing in major, complex
logistics projects such as the Alliance Development. I have served on DCTA's Board
since 2004, having seen DCTA's grow from concept to the highly successful A -Train and
bus services. I can continue to responsibly represent Argyle on public transportation
matters, especially as DCTA's strategic planning will involve western Denton County in
the coming years.
Signature:
Return to: Judge Mary Horn
Courthouse -on -the -Square
110 West Hickory
Denton, Texas 76201
Attach Resume/Bio
Date: 16, a��l
MUST BE RETURNED 7 ON OR BEFORE Oct",, .31, 2014,
October 28, 2014 Town Council Minutes Page 30 of 43
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, October 28, 2014 at 7:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 28, 2014. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS
COUNTY OF DENTON
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Philip Shoff ner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Patricia Adams
Town Attorney
Tammy Ard
Town Secretary
April Reiling
PIO/Marketing Manager
Danny Thomas
Fire Chief
Lee Delk
_
Police Coi....... ..... ter
John Zagurski
Budge Pst
Psi—
Matt Jones
Senior An
Mayor Sande- `fit . - the d
a quoru = P.
The Invo was offered by
The Pledges w by Comma
1. Swearing in of Ch _Patrick
Judge Chambers administeW-g
of office to Chief Arata.
Nicole Arata pinned Chief AraChief Arata provided a few inarks.
CONVENE INTO WORKSHOP SESSION - START TIME— 7:45 P.M.
WORKSHOP SESSION
called the Town Council to order and announced
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28,
2014.
Mayor Pro Tem Lamont requested clarification regarding consent agenda item number 12.
October 28, 2014 Town Council Minutes Page 1 of 9
October 28, 2014 Town Council Minutes Page 31 of 43
Council Member Parrow would further like to discuss item # 7 on the consent agenda; wanted to let the Mayor
know he will wanting to pull that item.
3. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the November 13, 2014 meeting.
Mayor Pro Tem Lamont requested remove or replat TIRZ #2 to the November 13, 2014 agenda.
4. Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and
other types of fowl with the Town limits.
Town Manager Slye provided an overview regarding our current ordi
Council provided direction in order for this ordinance to come back
5.
Discussion of items from future agenda list:
A. Consider and take appropriate action regarding
7/22/2014)
Council would like this brought back with term lim
B. Consider and take appropriate action regarding
CFAB has been given the task to review: retirement
salary true up for fire and police
This item can be removed from the fut p list.
CONVENE INTO REGULAR
CITIZEN PRESENTATIONS
Commission members. (Rowe
14)
department and
Trophy Club Drive and SH114 for
on the corner of Trophy Club
Trophy Wood
ndW/22/2014)
monument and directional signage.
tiorMmarding residential property renewal for tax incentives and
I of existing residential properties. (Rowe 8/12/2014)
agenda list.
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
October 28, 2014 Town Council Minutes Page 2 of 9
October 28, 2014 Town Council Minutes Page 32 of 43
Jenny and Adam Fox, 2753 Enfield Drive addressed the Council regarding the Lennar builder trailer on Waverly
Drive that has been located there since 2009.
CONSENT AGENDA
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.
6. Consider and take appropriate action regarding the minutes dated October 14, 2014.
7. Consider and take appropriate action regarding an amendment toythe Town's Cash Handling Policy to
provide procedures for the processing of coin payments tendered Town.
Council Member Parrow requested to remove agenda item 17fro - ent agenda.
Council Member Parrow requested clarification on this policy aIrk
ss - Iternatives to paying municipal fines
with large amounts of change.
Motion made by Council Member Parrow, seconded
Town's Cash Handling Policy to provide procedures fc
Motion passed unanimously.
8. Consider and take appropriate actio
participation in various cooperative p
participation in various cooperative puff
Policies and Procedures a orizing execut
cooperative programs- or or his
related fees in accgpoj wit 'hudget an
cil Member Reed, t rove an amendment to the
rocessing of coin payme dered to the Town.
a Resolutio ealing Resolution No. 2014-27 authorizing
�ograms a dopting a new resolution authorizing
86aams in a »dance with the Town's Procurement
f any a necessa` reements for participation in the
;nee a4 ` r ng rel5V contracts and the payment of
9. Consider and take app to actio Wgar ding th roval of the Town's application for Electric Reliability
Council of Texas ("ERm r 2015 a e ERCOT Membership Agreement; authorizing the
paymen a - d mem thori he Mayor or his designee to execute necessary
doc -
10. Con nd take appro >i actrding an Interlocal Agreement between the Town and the City of
Frisco a purchase of nforc- Uniforms as part of Cooperative Bid with Red the Uniform
Tailor; an Prizing the To anager o 'is designee to execute all necessary documents.
11. Consider and tt -propriate _ on regarding an Interlocal Agreement between the Town and Denton
County for Public Appli and Maintenance Support; and authorizing the Mayor or his designee
to execute all necessa u
12. Consider and take appropria a action regarding an amendment to the Subdivider's Agreement for Waters
Edge at Hogan's Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary
documents.
Updated Subdivider's Agreement for Waters Edge at Hogan's Glen, Phase 3 provided at the dais.
Attachment 8 - Updated Subdivider's Agreement for Waters Edge at Hogan's Glen, Phase 3
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda.
Motion passed unanimously.
October 28, 2014 Town Council Minutes Page 3 of 9
October 28, 2014 Town Council Minutes Page 33 of 43
PUBLIC HEARING
13. Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD -30), an
approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY
114. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7,
2014.)
CONVENE INTO PUBLIC HEARING - START TIME— 9:05 P.M.
PUBLIC HEARING - END TIME — 9:06 P.M.
RECONVENE INTO REGULAR SESSION - START TIME — 9:06 P.M.
REGULAR SESSI
14. Consider and take appropriate action regarding a -ron of the Tow re Baling Resolution no. 2014-04
appointing citizens to serve on the Board of Dir f Reinvestment Zon -One, Town of Trophy Club,
Texas, and adopting this Resolution reaffirming` ting appointments and aenvinting a member of the
Board of Directors of Reinvestment Zone No. One, ve as Cha* erson forth--- d, designating a term
of service; and providing an effective date.
Original Motion -
Motion made by Council Member Rowe, s n Council M Reed, to approve Resolution 2014-44
appointing David Brod as the chairperson a a i xisting a tments to the Board of Directors of
Reinvestment Zone Number One -
Substitute Motion
Motion made by Coundber Ree %W5
like to speak with Mr. Bro ding TIRO
Motion carried 5-1-0 with_Pro..'
Member Ro__v,igicil Me
15. ConM&Rnd take approft. . actior
the Tro )ub Commons etv4jgpm
Original Motion
Motion made by Cou ember Re econded by Mayor Pro Tem Lamont, to accept the proposed plan with a
99 year lease.
Amended Motion
Motion made by Mayor Sanders, seconded by Council Member Parrow to eliminate item #6 Giving the Town
approximately $25,000 in mitigation monies upon the Town issuing a Certificate of Occupancy.
byMember Pew, to refer this item as Council would
:OR& Member Parrow, Council Member Reed, Council
r an "your Sanders voting against.
ing an appeal to the Tree Mitigation Ordinance as it relates to
ed at 925 Trophy Club Drive.
Motion carried 5-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Parrow, Council Member
Reed, and Council Member Rowe, voting for and Council Member Shoffner voting against.
Original motion with amendment passed unanimously.
October 28, 2014 Town Council Minutes Page 4 of 9
October 28, 2614 Town Council Minutes Page 34 of 43
16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing
citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution
to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an
effective date.
Original Motion
Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve Resolution 2014-40
replacing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board
(CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments
to the CCPD as follows:
Crime Control and Prevention
1. Dena Boudreau (2016) 5. Mike
2. Paul Glowacki (2016) 6. Ada _ les
3. Louis Opipare (2016) 7. Van Roekel
4. James Jay Isherwood (2015)
Amended Motion
Motion made by Mayor Pro Tem Lamont, seconded by Me
Mark Chapman.
Pearl Ford, 2 Spring Creek, addressed theing the p
think the procedure is correct to make an ame e6n em v
arrow, to re�4dam Broyles with
of changing the process and does not
applicant is not in the agenda packet.
Mayor Pro Tem Lamont wit mendment the Seco -n Meter Parrow agreed.
Original motion
Motion passed unan
17. Consi. priatw - n regar ini ons to serve as a member of the Denton County
Tra ation Auth r and o ctors.
Motion ma - Council Membe ffner, ded by Mayor Pro Tem Lamont, to nominate F. E. "Skip" Kalb Jr.
in conjunction he City of Roa to the n County Transportation Authority Board of Directors.
Motion carried 5- ith Mayor Sa , Mayor ro Tem Lamont, Council Member Reed, Council Member Rowe,
and Council Membe ner, voting-_ and Council Member Parrow voting against.
18. Consider and take appwofilcl:es"
ction regarding an Ordinance of the Town amending Subsection (6) of
ed Section 2.02(B) "Speof Article II, "Traffic & Vehicles" of Chapter 10, "Public Safety" of the
Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone)
on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200
for each violation; and providing an effective date.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Ordinance 2014-34
to extend the school zone from 2:30 pm - 3:30 pm to 2:30 pm to 5:00 pm on Trophy Club Drive, south of its
intersection with Durango Drive.
Motion passed unanimously.
October 28, 2014 Town Council Minutes Page 5 of 9
October 28, 2014 Town Council Minutes Page 35 of 43
19. Town Council Liaison Updates; discussion of same:
• Parks & Recreation Board - October 20th Council Liaison
Council Member Shoffner
No action taken, update only.
20. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• Election Update
• Codification Update
• Volunteer Dinner
• Loop Road Update
• Parks & Recreation Update
- TC Fright Light Contest Winners
- Dino Playground Update
- Fall Family Camp Out
- Fall Family Festival
• Community Development Updates -
- Waters Edge at Hogan's Glen, Phase 3 -
- Canterbury Hills, Phase 3 -
- The Isles of Turnberry, NH 4, The Highlands
- Villas of Hogan's Glen, Phase
Town Manager Slye updated the Council a
21. Items for Future Agent -
This item allows Counc' - que.
requires research and revs : =that
However, a Council Membe i
first placing tha ' em on the ',u
Councili - —_ ber Reed asked-'w—we h`+a
Mayor Sang - -would like an ul�rct - ' at th
Town Manager. ;tified Counci = t
Americans (ASA) liatso-] We need t
Americans.
ns; no`agfgn taken, update only.
hent - Ce—q—hupcdm�&?,�4
gendas when the topicof discussion
fccomp �he timemime between regular Council meetings.
an item d on the next regularly scheduled meeting without
tgms list.uests for agenda items must comply with Charter
future disctisgion regarding how we handle street lights in Town. -
council Meeting
he recNVbd resignation from Tim Gamache as the American Supporting
icit a volunteer to head the town's participation in America Supporting
Council Member Rowe ask�nsider and take appropriate action regarding Codification of ordinances
policy" be placed on the list.
EXECUTIVE SESSION
22. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the
purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third person:
(1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations
October 28, 2014 Town Council Minutes Page 6 of 9
October 28, 2014 Town Council Minutes Page 36 of 43
CONVENE INTO EXECUTIVE SESSION - START TIME -10:33 P.M.
RECONVENE INTO REGULAR SESSION - START TIME —11:41 P.M.
RECONVENE INTO REGULAR SESSION
23. Consider and take appropriate action regarding the Executive Session.
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to authorize the Town Manager
to obtain a survey and appraisal, to re-engage the architect to provide , onceptual layout or footprint for the
building, and to offer a Letter of Intent to purchase for $7.00 per squar or a price not to exceed fair market
value for the purchase of an approximate 3.4 acre tract of land owne Methodist Church.
Motion passed unanimously. _
Mayor Sanders explained that the Town has been looking
the beginning of our negotiation process. This action doe -S
but we are moving forward with trying to secure a site
ADJOURN
Motion made by Council Member Parro__ - econded by M
unanimously. Meeting adjourned at 11:43
Tammy Ard, Town Secreta
Town of Trophy Club, TqA
October 28, 2014 Town Council Minutes
October 28, 2014 Town Council Minutes
1'ple opti6r,_ _ locate Town facilities, and this is
an that we ald not consider another location
ers,
Lamont, to
Club, Texas
Motion carried
Page 7 of 9
Page 37 of 43
ATTACHMENT D
Letter of Intent to Methodist Church
October 28, 2014 Town Council Minutes Page 38 of 43
TOWN OF
* TROPHY CLUB
100 Municipal Drive . Trophy Club, Texas 76262
November 3, 2014
Pastor Edlin Cowley
and
The Fellowship United Methodist Church Board of Trustees
101 Trophy Club Dr.
Trophy Club, TX 76262
Re: Letter of Intent for the Sale and Purchase of an approximate 3.64 acre tract of land, being a portion of the
real property generally located at 101 Trophy Club Drive, Trophy Club, Texas.
Dear Pastor Cowley and Board Members:
Pursuant to recent conversations, this letter of intent (this "Letter of Intent"), dated as of the date set forth
above and effective on the last date executed by both parties (the "Effective Date"), outlines the General
Terms and Conditions pursuant to which the Town of Trophy Club ("Purchaser") would be willing to
purchase from Fellowship United Methodist Church ("Seller", and together with the Purchaser, the
"Parties"), an approximate 3.64 acre tract of land, being a portion of the real property generally located at
101 Trophy Club Drive, Trophy Club, TX, if further negotiations are completed to the satisfaction of Seller and
Purchaser. Representatives of Seller and Purchaser have engaged in preliminary discussions regarding this
matter and, on the basis of such discussions, agree to continue negotiations on the subject to the following
terms and conditions:
1. General Terms and Conditions. Attached to the Letter of Intent as Exhibit "A" and made a part hereof is
an outline of the general terms and conditions that the Parties expect to incorporate into a written, definitive
purchase and sale agreement (the "Purchase and Sale Agreement"), which will contain additional material
terms to be negotiated by the Parties.
2. Further Negotiation and Definitive Agreement. The Purchase and Sale Agreement shall set forth in detail
the terms, provisions, covenants and conditions for the transaction outlined in general terms in this Letter of
Intent. Purchaser shall prepare and submit to Seller for review a Purchase and Sale Agreement incorporating
the terms herein and any further terms and conditions negotiated by the Parties.
3. Expenses. Seller and Purchaser shall each pay its own costs and expenses in connection with this Letter
of Intent and the transactions contemplated hereby, including, but not limited to, the costs of its respective
legal counsel, and neither Seller nor Purchaser shall have any obligation with respect to costs and expenses
incurred by the other in connection herewith.
4. Legal Effect. Notwithstanding anything to the contrary contained herein, this Letter of Intent does not
constitute an agreement or an offer that may be accepted. It is merely a preliminary expression of intent with
respect to the negotiations and consummation of the transaction contemplated hereunder and shall have no
legal or binding effect on Seller or Purchaser; provided however that the provisions of Paragraph 3 of this
Letter of Intent shall be binding upon Seller and Purchaser in all respects and the obligations of Purchaser
under Paragraph 5 of Exhibit "A" attached hereto shall be binding upon Purchaser in all respect. Further, the
transaction contemplated hereunder is expressly subject to the condition that Seller and Purchaser execute a
Purchase and Sale Agreement acceptable to each party in its sole and absolute discretion after review and
approval of their respective governing authorities or boards of directors, legal counsel, accountants and other
advisors. The Parties further acknowledge that the terms mentioned herein impose no burden or duty to
negotiate; either party may unilaterally terminate negotiations and this Letter of Intent at any time and, if such
October 28, 2014 Town Council Minutes Page 39 of 43
election is made, such party shall have no liability of any kind to the other party except as set forth herein.
This Letter of Intent shall be governed by the laws of the State of Texas.
If the foregoing terms and conditions are acceptable, please have Seller indicate its acceptance by signing
the enclosed counterpart of the Letter of Intent where indicated below and returning it to the undersigned.
This Letter of Intent shall be null and void if not fully executed by both Parties by 5:00 p.m., Dallas, Texas
time, on January 15, 2014.
TOWN OF TROPHY CLUB, T , a home rule
municipality
By:"'z
r
Michael T. Slye, Tow Manager
FELLOWSHIP UNITED METHODIST CHURCH
AGREED TO AND ACCEPTED this day of
.2014.
By:
Name (print)
Title
October 28, 2014 Town Council Minutes Page 40 of 43
EXHIBIT "A"
General Terms and Conditions of Purchase and Sale Agreement
1. Property. The "Property" shall mean the real property consisting of approximately 3.64 acres of land,
being a portion of the real property generally located at 101 Trophy Club Drive, Trophy Club, TX, which real
property is generally depicted on "B" (the "Property"). The Property shall not include oil, gas and/or other
mineral rights (including without limitation the benefit of any oil, gas and/or other mineral rights) associated
with the real property, if any, which oil, gas and/or other mineral rights shall be expressly retained by the
Seller. Notwithstanding the foregoing, Purchaser agrees that it shall remove any personal property or
improvements on the real property after the Closing (as defined below).
2. Purchase Price and Improvements. Purchaser is a governmental entity, and as such will be purchasing
the Property with public funds. Under the law of the State of Texas, the amount of public funds spent to
purchase property may not exceed an amount determined to be the fair market value of that property. The
Parties recognize that an appraisal must be obtained before the Purchaser may determine fair market value
for the Property; therefore the purchase price submitted in this Letter of Intent is conditioned upon the
completion of a survey and a certified appraisal for the Property in order to establish exact boundaries,
acreage, and a fair market value price for the Property. The purchase price for the Property shall be the
lesser of: (i) $7.00 per square foot; or (ii) the amount determined to be the fair market value for the Property
by a certified appraisal if agreed upon by the Parties; or (iii) the amount determined to be the fair market value
for the Property based upon negotiations between and agreement of the Parties when there are two (2) or
more appraisals with different determinations of fair market value (the "Purchase Price") and shall be
payable in immediately available funds at Closing (as defined below).
The construction of improvements on the Property by Purchaser shall be in the sole discretion of Purchaser,
provided however, that Purchaser agrees not to construct a municipal community or civic center upon the
Property, and the Purchaser agrees to construct a parking lot or lots along the property line closest to the
proposed locations that Seller has identified for the future construction of the family and education center
buildings owned by Seller.
3. Due Diligence Period. Purchaser shall have a due diligence period which shall commence upon the
mutual execution of the Purchase and Sale Agreement and expire June 1, 2015 or an earlier date mutually
agreed upon by the Parties thereafter (the "Due Diligence Period"), unless earlier terminated pursuant to the
terms of the Letter of Intent (or the Purchase and Sale Agreement, if previously executed by the Parties).
Seller shall deliver to Purchaser a copy of the most recent survey of the Real Property in Seller's possession
or control. Purchaser shall obtain, at Purchaser's expense a new survey of the Property ("New Survey")
including a metes and bounds description of the Property with boundaries mutually agreed upon by the
Parties.
During the Due Diligence Period, Purchaser, its agents and representatives, shall have the right to inspect the
Property and to make non-invasive test thereon for the purpose of satisfying itself regarding all aspects of the
Property, including but not limited to the physical and environmental condition of the Property and its
suitability for Purchaser's intended use. No physically invasive testing shall be conducted on or about the
Property without Seller's specific prior written consent, which consent may be withheld by Seller in its sole
and reasonable discretion. In consideration of the Purchaser's right of entry in and to the Property, Purchaser
agrees, upon completion of any such physical inspection or test of the Property, to immediately restore the
Property to its original condition at Purchaser's sole cost and expense.
4. Closing. The Purchase and Sale Agreement shall provide that the closing date ("Closing") shall occur
within ten (10) days after the expiration of the Due Diligence Period or on such other date mutually agreed
upon by the parties.
5. Title Insurance, Closing Costs and Transfer Taxes. At the Closing, Seller shall pay: (i) the premium for
TLTA standard coverage, (II) one-half of the title company's fees, and (iii) Seller's legal fees. Purchaser shall
pay: (a) the excess premium for TLTA extended coverage; (b) the premium for any endorsements to the
TLTA policy requested by Purchaser; (c) one-half of the title company's fees; (d) the recording costs for the
deed; and (e) Purchaser's legal fees. Real property taxes shall be pro -rated as of the date of Closing.
October 28, 2014 Town Council Minutes Page 41 of 43
EXHIBIT "B"
THE PROPERTY
October 28, 2014 Town Council Minutes Page 42 of 43
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