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Agenda Packet TC 12/01/2008 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, December 1, 2008 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. October 2008 B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 3, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 13, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 16, 2008. B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 17, 2008. C.1 Public Hearing to consider an Amendment to Town Ordinance No. 2007-15 P&Z, the same being PD – Planned Development District No. 27, the Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot Type Regulations" 2 of Exhibit "B" entitled "Development Standards" to correct an inconsistency in the ordinance relative to Lot Type 3 side yard requirements. (PD AMD-08-028) C.2 Public Hearing to Consider a Request for Replat of Lot 3, Block B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner, Represented by Pate Surveyors. (RP-08-016) C.3 Public Hearing to consider an Amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC (SP-08-009) D.1 Discuss and take appropriate action regarding an Ordinance amending Town Ordinance No. 2007-15 P&Z, the same being PD – Planned Development District No. 27, the Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot Type Regulations" of Exhibit "B" entitled "Development Standards" to correct an inconsistency in the ordinance relative to Lot Type 3 side yard requirements. (PD AMD-08-028) D.2 Discuss and take appropriate action regarding a request for Replat of Lot 3, Block B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner, Represented by Pate Surveyors. (RP-08-016) D.3 Discuss and take appropriate action regarding an Ordinance amending Town Ordinance No. 2002-41 P&Z, the same being PD No. 25, Trophy Wood Business Center, amending Exhibit "D" entitled "Site Plans", to adopt a detailed final site plant for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC (SP-08-009) D.4 Discuss and take appropriate action regarding a garbage cart pilot program. D.5 Discuss and take appropriate action regarding the award/rejection of bids for a 500,000 Gallon Elevated Storage Water Tank, and authorizing the Town Manager or his designee to execute all necessary contract documents. D.6 Discuss and take appropriate action regarding an Ordinance amending Section 2.03(B) entitled "Stop Signs" of Article II, entitled "Traffic and Vehicles", of Chapter 10 entitled "Public Safety", of the Code of Ordinances of the Town, to designate additional stop intersections and authorizing the placement of additional stop signs at designated locations within the Town. 3 D.7 Discuss and take appropriate action regarding direction on McLain report, funding of additional costs, additional data, extending scope of services and additional action related to the report. D.8 Report by Town Manager Emmons regarding the Teague, Nall & Perkins drainage study on Over Hill Drive; discuss and take appropriate action regarding same. D.9 Discuss and take appropriate action regarding the Town's position on the consolidation of MUD 1 and MUD 2, including time frame and plan of action. D.10 Items for Future Agenda. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session relative to the following: (1) Legal advice relative to employment services provided by the Town to the MUDs/Master District, the New Intergovernmental Contract for Employee Services (2008) between the Town and the Trophy Club Master District, and amendments thereto. E.2 Discuss and take appropriate action regarding employee services provided by the Town to the MUDs/Master District, the New Intergovernmental Contract for Employee Services (2008) between the Town and the Trophy Club Master District, and amendments thereto. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.A.2 Invocation. Will be offered by Council member Strother. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." Will be led by Fire Chief Thomas. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.A.4 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. October 2008 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 3, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated November 3, 2008 10 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 3, 2008 at 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on November 3, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Kathleen Wilson Council Member Jim Moss Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Stephanie Gohlke Interim Finance Director A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m. A.2 Mayor Pro Tem Sterling offered the Invocation. A.3 Council member Strother led the Pledges. A.4 Citizen Presentations: No citizen presentations were made. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 20, 2008. B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: 11 a. September 2008 Mayor Sanders read the corrections to the October 20, 2008 Minutes that were emailed to the Council prior to the meeting. Motion made by Edstrom; seconded by Strother approving Consent Agenda, Items B.1 and B.2 with the corrections to the October 20, 2008 Minutes. Motion passed unanimously without any discussion. *REGULAR SESSION C.1 Discuss and take appropriate action to approve an amended Interlocal Agreement with Northwest Independent School District for School Resource Officer services for 2008-09. Executive Director of Human Resources, Kyle Copp and Director of Safety and Security, Glenda Beam attended the meeting. Mayor Sanders explained that this Agreement came before the Council at the October 20, 2008 meeting. The Council did not take action at that meeting, and requested NISD to provide an explanation for the proposed change under the Termination Section. Security Coordinator, Mike Conklin explained in an email that NISD has been working with other municipalities for many years in regards to having uniformed police officers (School Resource Officers) in NISD Schools. During this time, NISD has been in contract with these other agencies that have proven to be successful for both NISD and the partnering agencies. It has been common language in the contracts to have a 30 day termination period. Motion made by Edstrom; seconded by Wilson approving an amended Interlocal Agreement with Northwest Independent School District for School Resource Officer services for 2008-09. Motion passed unanimously without any discussion. C.2 Discuss and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. Mayor Sanders stated that Town staff received five citizen inquires as a result of Town Council’s request to post the nominations to Channel 27 and include in the October 24, 2008 News and Information Listserv. Residents John Dumbleton, retired from the Federal Department of Transportation and Joe Cristoforetti, semi-retired from a supply chain management company, have both expressed an interest for nomination. Motion made by Sterling; seconded by Moss nominating John Dumbleton and Joe Cristoforetti to the Denton County Appraisal District Appraisal Review Board. 12 Motion passed unanimously without any discussion. C.3 Discuss and take appropriate action regarding the use of crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club. Council member Edstrom stated that this is a difficult location and stated signage would only create a false sense of security. Edstrom stated that the intersection at Summit Cove is not the issue but rather the intersection at Municipal Drive and suggested extending traffic calming from Oak Hill Drive to Municipal Drive. Council member Wilson agreed that this is a difficult spot. Wilson stated that Roanoke City Manager Jimmy Stathatos said the crosswalks on Marshall Creek in between Medlin Middle School and Wal-Mart have been very effective and successful. Wilson strongly urged the Council to try something rather than not doing anything and risk the potential for liability should someone get hurt. Town Manager Emmons stated a traffic analysis would need to be performed prior to traffic control devices being installed. The Public Safety Committee and Street Superintendent reviewed placing uncontrolled crosswalks on Trophy Club Drive and do not recommend an uncontrolled crosswalk at this location. No action taken. C.4 Discuss and take appropriate action regarding an Agreement for Animal Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Town Manager Emmons explained that the Town does not have an arrangement for euthanasia/disposal. Although the need is nominal, staff recommends a contract with Mr. Hall to furnish animal euthanasia/disposal services when the need occurs. Motion made by Edstrom; seconded by Moss approving an Agreement for Animal Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Chief Kniffen explained how the department has addressed euthanasia/disposal needs. Town Manager Emmons said that payment within thirty days after the date of billing for any invoiced amounts is typical; however the Town can accommodate the fifteen as stated in the Agreement. Motion passed unanimously without further discussion. The Council moved up Item C.8. C.5 Discuss and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club and Northwest Independent School 13 District for site designation of Town water storage facilities, an irrevocable license for field usage, and a proposed Real Estate Contract for sale of NISD land to Town. Town Manager Emmons stated that EDC 4A did not take any action regarding the funding due to the Board’s questions. Emmons explained the different options available for the land purchase and said staff is exploring whether the purchase qualifies under the PID. Motion made by Edstrom; seconded by Sterling approving an Interlocal Agreement between the Town of Trophy Club and Northwest Independent School District for site designation of Town water storage facilities, an irrevocable license for field usage, and a proposed Real Estate Contract for sale of NISD land to Town. Mayor Pro Tem Sterling suggested striking Section 5.04 Dumpsters. Town Manager Emmons stated that the Memorandum of Understanding is a non- binding agreement and negotiations could still occur, however the price negotiation would probably not be successful. Mayor Sanders stated that he is more inclined to purchase the land. Mayor Pro Tem Sterling stated that he believed it would be fiscally responsible to purchase the land. Jo Boclair, 17 Meadowbrook Lane – Addressed the Council stating that the EDC 4A felt at the end of the day, the Town would not own anything by approving this Agreement alone. Council member Edstrom withdrew her motion and the second agreed. A. Discuss and take appropriate action regarding the purchase of land from NISD for the location of Town water storage facilities and a Real Estate Contract for the sale of land to Town by NISD for that purpose. Motion made by Edstrom; seconded by Moss approving the purchase of land from NISD for the location of Town water storage facilities and a Real Estate Contract for the sale of land to the Town by NISD for that purpose and not to exceed the appraised value of the land $113,000. Motion passed unanimously without further discussion. C.6 Discuss and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances of the Town entitled "Buildings and Construction" by adding Article XVI entitled "2003 International Property Maintenance Code" adopting the 2003 International Property Maintenance Code and various local amendments thereto. 14 Town Manager Emmons stated that staff recommends adopting the 2003 International Property Maintenance Code (IPMC). Motion made by Wilson; seconded by Moss approving an Ordinance amending Chapter 3 of the Code of Ordinances of the Town entitled "Buildings and Construction" by adding Article XVI entitled "2003 International Property Maintenance Code" adopting the 2003 International Property Maintenance Code and various local amendments thereto. Town Manager Emmons clarified that there is a 2006 version of the IPMC, but the differences between the 2003 to 2006 versions are minimal. The 2003 version better reflects the current Town Code. Council member Wilson commended Building Inspector, Chris King and Code Enforcement Officer, Boyd Raburn for their diligence in the research. Motion passed unanimously without further discussion. C.7 Discuss and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting process and consider moving the date for submission and selection of Citizen of the Year until May 2008. Motion made by Edstrom; seconded by Sterling to refer to the November 17, 2008 meeting. Motion passed unanimously without further discussion. C.8 Discuss and review existing uses and regulations for CG Zoning Districts and provide input to staff regarding those allowed uses and regulations. As requested by the Town Council at their October 20, 2008 meeting, staff provided the uses and regulation for CG Zoning Districts. Mayor Pro Tem Sterling and Council member Wilson would like the Planning and Zoning Commission to consider removing pawn shops from PD25. Motion made by Strother; seconded by Moss directing Town Manager Emmons to take to Planning and Zoning Commission for their input regarding conditional or special use permits for pawn shops in CG Zoning. Motion amended by Strother; the second agreed directing Town Manager Emmons to take to Planning and Zoning Commission for their input moving pawn shops under conditional or special use or excluding in its entirety. Motion made by Sterling requesting the Planning and Zoning Commission review off premises beer and wine sales. Motion died for lack of a second. 15 Motion passed unanimously without further discussion. C.9 Items for Future Agenda. Mayor Pro Tem Sterling requested an update on #1, Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Council member Wilson asked that #5, Discuss and take appropriate action regarding a Library Focus Group, be brought forward. Town Manager Emmons said that he is working on scheduling a Council planning workshop for November. EXECUTIVE SESSION Council did not convene into Executive Session. D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 "Deliberation Regarding Real Property" and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 101 Trophy Club Drive (100 Block Trophy Club Drive) and/or additional locations within the Town for future joint Police and Fire complex and legal advice related to potential future sites and land acquisition. *REGULAR SESSION D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. No action taken. E.1 Adjourn. Motion made by Sterling, seconded by Wilson to adjourn Meeting adjourned at 8:25 p.m. ________________________________ _____________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 13, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.Minutes dated November 13, 2008 17 MINUTES OF JOINT WORKSHOP BETWEEN TOWN COUNCIL AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT AND SPECIAL SESSION FOR THE TOWN COUNCIL AND MASTER DISTRICT FOR THE TOWN OF TROPHY CLUB and SPECIAL SESSION FOR THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB THURSDAY, NOVEMBER 13, 2008 AT 7:00 P.M. LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Joint/Special Session on Monday, Thursday, November 13, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Mayor Pro Tem Master District Directors Present: Connie White Chair Carol Borges Vice Chair James Thomas Secretary/Treasurer James Budarf Board Member Kevin Carr Board Member Jim Hase Board Member Dean Henry Board Member Steven Kohs Board Member Neil Twomey Board Member Gary Cantrell Board Member Master District Directors Absent: Jim Budarf Board Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary 18 Patricia Adams Town Attorney Danny Thomas Fire Chief Stephanie Gohlke Interim Finance Director Mary Moore Recording Secretary Robert Scott Utility Superintendent Bob West Attorney Pam Liston Attorney arrived at 7:06 p.m. A.1 Master District Chair White called the Master District to order at 7:00 p.m. noting a quorum was present. A.2 Mayor Sanders called the Town Council to order at 7:00 p.m. noting a quorum was present. A.3 Public Comments or Presentations B.1 Receive a report from Lewis McLain with CityBase.Net on the Town/MUD study and discussion of same. Lewis McLain began has presentation by stating the report was a difficult assignment and he hoped his report was received in the spirit intended. Mr. McLain read his eight page report titled “Reliance on Arithmetic to Resolve a Fractured Governance Issue.” Director Cantrell questioned Mr. McLain’s statement regarding the level of subsidization Solana contributes to MUD 1 and asked if McLain studied the fire rating charge or Westlake water rates. Director Cantrell said that he does not believe Westlake felt like they were subsidizing. Mayor Sanders stated there is value in the reported information and confirmed Mr. McLain would produce the combined spreadsheets for the remaining balance owed to McLain. Mr. McLain explained that numbers can always be challenged and even discredited. He stated it was virtually impossible to provide a conclusive set of numbers that would yield answers to satisfy everybody. Mr. McLain stated the best overall solution that would benefit the community as a whole, would be to dissolve the MUDs and allow the Town to run the utility operations. McLain stated that the Town would have to accept the MUD debt of the Town merged with the MUDs. Chair White is concerned that Mr. McLain misunderstood the $2,300 PID impact fee. White questioned if the Town financial problems are typical of a Town with minimal commercial and asked why MUD 1 would want to give up Solana. Mr. McLain explained that he did not mention giving of Solana, but recommend providing an alternate service that is cost neutral. Chair White stated the funds are restricted and only can pay for the Fire Department. White expressed disappointed in McLain’s report and stated that there are other alternatives rather than blowing it all up. 19 Director Hase stated that the $2,300 PID impact fee resulted from a study conducted by Robert McLain. Hase stated that Lewis McLain has misled the community regarding the PID. Mr. McLain attempted to explain the term cost neutral. Council member Edstrom confirmed that Mr. McLain’s interpretation is a fractured governance issue and the reaction of some has demonstrated the issues. Edstrom suggested everyone focus on what can be done today that is in the best interest for the whole community rather than getting caught up in history, and why not’s. Edstrom said that the Town/MUDs cannot pretend that Westlake has not looked at other options for utility services. Everyone should review Mr. McLain’s report, forget about the past and move forward. Director Carr stated that MUD 2’s taxes have not fluctuated but have remained consistent. Director Thomas stated that he was horribly disappointed in Mr. McLain’s report but ecstatic about his suggestion to consolidate MUD 1 and MUD 2. Thomas stated there are MUDs all over the state of Texas that work, and asked Mr. McLain at what cost or tax increase to the citizens would McLain suggest that the Town and MUD split sheets. Chair White suggested the group think about the information presented and then commit to a joint session with Council to discuss. Mayor Sanders agreed. Director Twomey asked Mayor Sander’s the Council’s position regarding MUD 1 and MUD 2 merging. Mayor Sanders said that Council had not yet had the opportunity to discuss the report and directed Town Manager Emmons to post an item to a future agenda. Mayor Sanders asked Director Twomey the MUD’s position should the Town take over MUD2. Vice-Chair Borges stated that question would be better directed to Director Budarf as the MUD 2 Chairperson. Borges asked that the Town consider MUD 1 and MUD 2 consolidation rather than negative action such as taking over MUD 2. Town Manager Emmons commented that the discussion is indicative of the problem and the reality of the governance issues considering all the individual entities. Council member Wilson agreed with Emmons’ statement and said we must all come together with a respectful attitude and take personal accountability, being mindful for whom we all serve. Director Thomas personally apologized to Mr. McLain for being rude. Item B.3 was considered prior to B.2 B.2 Discuss and take appropriate action concerning the position of Finance Director, as it relates to the MUDs. 20 Director Hase referenced former Finance Director, Sakura Moten-Dedrick’s recommendation that the MUDs hire one person solely dedicated and funded by the MUDs who could help the Town as needed. Hase asked if the Agreement allowed the MUDs to have a say in the Finance Director hiring. Vice-Chair Borges restated Moten’s suggestion and asked Town Manager Emmons if it would be a workable solution. Director Thomas stated that he felt Robert Scott’s request to have input regarding the shared employees was reasonable. Director Twomey stated that Sakura Moten-Dedrick would not have recommended what she did lightly considering how many hours she worked. Town Manager Emmons stated the work being performed could be streamlined and would improve efficiency if a clear chain of command was implemented. Emmons said he was not always aware, nor could he control the assignments and tasks by assigned to Sakura Moten-Dedrick since assignments came for several different Directors. Chair White asked Robert Scott and Town Manager Emmons work together and come up with a suggestion for streamlining the process. Town Manager Emmons reported that to date, approximately six resumes have been received for the Finance Director’s position. Emmons stated that there has never been a desire for the District Manager to be involved in hiring a shared employee before. Director Cantrell asked Town Manager Emmons if he had a problem with Robert’s involvement and input on the hiring process for the Finance Director. Town Manager Emmons stated that there has never been a desire from the MUDs to be involved in the hiring of a shared employee. Based on a conversation with Robert Scott, Town Manager Emmons understood that Scott was not interested in being involved in the Finance Director selection. (Robert Scott’s response was inaudible.) Pam Liston said given Robert’s response, she hate to throw herself into this and encouraged Town Manager Emmons and Patricia Adams to review Section IX, Policies and Decisions before determining a position whether the MUDs have input on the hiring of the new Finance Director. Council member Strother stated that the situation is being overcomplicated; it comes down to trust. Strother said that he is confident Town Manager Emmons will consult Robert Scott regarding the needs of the department. The Council hired a Town Manager to run the business and questioned whether Emmons could be the Chief Administrator and Robert Scott the person who runs the department. Strother stated that everyone can agree what is best for each entity but not as a whole. Director Henry stated that there are fiduciary responsibilities and the District Manager needs to report to the Board. 21 Chair White and Mayor Sanders recommended that Town Manager Emmons and Robert Scott work together regarding the issue of staff receiving assignments directly for elected officials and report back at a joint workshop. Council took a ten-minute break and reconvened in the Public Services Conference room and 9:35 p.m. B.3 Discuss and take appropriate action concerning the possible amendment of 2008 Intergovernmental Contract for Employee Services. Chair White explained the amendments to Section III (Master District Management) and Section IX (Policies and Decisions) as recommended by Bob West. The revisions were handed out at the meeting. White said the Master District Manager is subject to the personnel policies of the Town but reported directly to the Master District. Council member Edstrom questioned the amendment under Section IX; All Town employees performing services in the operations of the Master District shall be supervised and directed by persons approved by the Master District Board.2. Bob West stated that the amendment is not ready for final action but it is an attempt to get something on the table. West said the intent of the contract is to provide the employee benefits and provides a reporting mechanism. These employees are governed by the personnel policies. Town Manager Emmons clarified the reporting structure for a shared employee; stating that the practice was determined by who paid for a particular task, Town or MUD. Is causes confusion and angst among the employees. Town Manager Emmons quoted the following sections from the Personnel Manual: 101.01 POLICY/PURPOSE B. With the exception of matters reserved by state law or the Home Rule Charter to the Town Council, the general and final authority for personnel administration rests with the Town Manager. 101.02 THE TOWN B. The term “Town” as used herein is a designation utilized to indicate the Town of Trophy Club, Texas, acting in its capacity of Employer pursuant to an Interlocal Cooperation Agreement between the Town of Trophy Club and the Trophy Club Master District; hereinafter “Agreement”. Pursuant to that Agreement, the Town provides employee services to the Trophy Club Master District with the Master District controlling operational aspects of those services and the Town’s Personnel policies controlling policies contained herein applicable to all employees. D. The Trophy Club Municipal Utility Districts Number 1 and Number 2 22 All employees who are employed by the Town and providing services to the Municipal Utility Districts are required to follow the Master District’s SOPs governing the operational aspects of Master District’s assets and facilities. 101.03 ADMINISTRATION A. Town Manager. The Town Manager is designated as the chief operations officer and the head of the administrative branch of the Town government, responsible to the Town Council for the operations and administration of all the affairs of the Town, including the hiring, and when necessary for the welfare of the Town, removal of any employee, in conformity with the provisions of the Town’s personnel policies, charter, and other applicable law. References to the Town Manager in this handbook will involve the Municipal Utility District Manager when appropriate and to the extent provided under the Agreement and/or any amendments to the Agreement approved in writing by all parties. Town Manager Emmons said the issues are with the supervision of an employee not governed by a structured organization chart. When an employee of the Town reports outside of the organization chart the supervision is governed by a contractual agreement. Chair White suggested the group consider the relationship of a contract employee; the Town provides the employee benefits and the contracting company controls and directs their work. Director Henry said the issue did not exist ten years ago and that some of the things discussed tonight would strangle the MUDs. Town Manager Emmons said it is a governance issue; just because we call them an employee of the Town does not make them so. If the Town is going to be merely an Employer of Record the Agreement, needs to be revised as such. Chair White stated that is comes down to whether the Town controls everything or just the administrative aspects and personnel policies. White said that it was never the intent of the contract to give operational control to the Town. The group discussed that the Agreement still needed some work and that it was not ready to be ratified. The Agreement was originally intended to better utilize employee management. The group agreed that the Town Manager, MUD Manager, Master District Chair and attorneys should work out some details and report back. Director Hase stated that Robert Scott is in full control of his work force. Robert Scott stated that he has been here a long time and will continue as such and will not tell any Town employee what to do. End of Joint Workshop 23 C.1 Town Council to Reconvened into Special Session at 9:35 p.m. in thePublic Services Conference Room C.2 Discuss and take appropriate action regarding the report from Lewis McLain with CityBase.Net on the Town/MUD study. Mayor Sanders said that he does not want to return Mr. McLain’s money as feels there is value in receiving the data. Sanders said he appreciated the Council’s willingness to accept McLain’s report. Council member Strother asked Mr. McLain to rate his recommendation. Mr. McLain explained that he had to meet with Sakura Moten-Dedrick offline as there were always too many cooks in the kitchen. McClain said that although future budgets are important, he would first review the Budgets approved for 2009; good, bad and indifferent. Mr. McLain stated he does not have an interest in being coy or playing mediator. He would prefer to work with Town Manager Emmons, Robert Scott and/or the Finance Director/Analyst. Council member Moss agreed with the Mayor’s comments that Mr. McLain should be paid. Moss stated that not everyone got the gist of the report and he does not need to see any more numbers. Moss feels that MUD 1 and MUD 2 needs to consolidate as evidence in their petty bickering. Council member Wilson appreciated Mr. McLain’s frankness and stated he is entitled to payment. Wilson stated that the Council needs to go above and beyond and get the job done. Mr. McLain asked that his work be conducted with the Finance Director’s replacement, stating that additional information will not tell the Council anything that they do not already know. Council member Edstrom stated that it was the desire to receive numbers from an outside source. Edstrom is concerned with the age of the infrastructure in MUD1 and commented that different people were involved during the Westlake fallout and we all need to move past that incident. Mayor Sanders requested the following items be added to the December 1, 2008 Agenda: Discuss and take appropriate action regarding direction on McLain report, where to fund additional costs from, what data we want to receive, extending scope of services and additional action for finding funding. Discuss and take appropriate action regarding the Town’s position on MUD 1 and MUD 2 consolidation (time frame and plan) and requesting encouragement from the MUDs. Council expressed consensus on adding these items to a future agenda. 24 Council member Wilson requested that act in a sincere and respectful manner, as our attitude are like cause and affect. Council member Strother requested legal advice prior to taking action. Ben Brewster, 222 Fresh Meadow Brook – Stated that he was on the DPS Board when the contract with Westlake was breached and contrary to Director Hase’s statement, Westlake wanted control. Peggy Swiney, 51 Meadowbrook – Stated her embarrassment over the appearance of three different groups all playing in their own sandboxes, and guarding them just the same. Ms. Swiney asked what could be done. Mayor Sanders explained that legally the Town can not take over MUD 1 due to MUD 1 extending outside the Town limits to serve Solana. Sanders stated that an agreement or compromise is not impossible. The Town Council could vote to take over MUD2, and the Town Charter allow the residents to file a petition for a referendum in May. Pearl Ford, 2 Sprint Creek Court – Stated that there have been more MUDs in Trophy Club and that they can be merged. Ms. Ford said that McLain’s report hit the right nail and apologized to him for the treatment he received. Mr. McLain stated that in order to resolve the governance issues, anybody and everybody who is a barrier needs to be removed. Mr. McLain said that he is very impressed with Town Manger Emmons and said that in order for this to work people are going to have to give up a lot and not look back but forward. Margi Cantrell, 1105 Sunset Drive - Asked Mr. McLain’s recommendation for the PID. Ms. Cantrell requested the Town Council not mess with the Solana. No action taken. C.3 Discuss and take appropriate action concerning the Master District's action regarding the following Items: • Discuss and take appropriate action concerning the position of Finance Director, as it relates to the MUDs. • Discuss and take appropriate action concerning the possible amendment of 2008 Intergovernmental Contract for Employee Services • Discuss and take appropriate action regarding discussions held in Closed Session. District Manager MUD Secretary 25 Amendment of 2008 Intergovernmental Contract for Employee Services No discussion or action taken. C.4 Adjourn. Motion made by Edstrom, seconded by Wilson to adjourn. Meeting adjourned at 10:15 p.m. ____________________________ ___________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 26 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 16, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated November 16, 2008 27 MINUTES OF A SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: Marriott Dallas Solana Board Room 5 Village Circle, Westlake, TX 76262 Sunday, November 16, 2008 at 5:30 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Sunday, November 16, 2008. The meeting was held at the Marriott Dallas Solana Board Room, 5 Village Circle, Westlake, TX 76262. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney A.1 Mayor Sanders called the Town Council to order at 5:30 p.m. noting a quorum was present. A.2 Mayor Sanders offered the Invocation Special Session (5:30 – 9:30) B.1 Discuss and take appropriate action regarding the development and implementation of a Strategic Plan for the Town and regarding the following related items: A. Visioning and Long Term Planning B. Goal Setting C. Defining Objectives and Measurements 28 D. Economic Development Issues E. Town Construction Priorities F. Management Models and Governance Town Manager Emmons gave a presentation regarding Making a Strategic Vision a Reality. The Council discussed the process, mission, vision, goals and objectives and action plan. The Council identified the challenges to creating a unified strategic vision are competing and conflicting goals. The Council examined the political dynamics and the need for a cohesive community. Council member Edstrom gave the history of the 2008 and 2010 Vision Plans. The Council discussed a comprehensive plan regarding Economic Development issues. The Council discussed governance issues and the need for a unified, full service government. Town Attorney Adams will discuss legality issues regarding the Employment Services Contract at the December 1, 2008 meeting. The Council agreed that the workshop was productive and suggested more frequent work sessions. C.1 Adjourn. Motion made by Sterling, seconded by Strother to adjourn. Meeting adjourned at 9:30 p.m. ______________________________ ______________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 29 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 17, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated November 17, 2008 30 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 17, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 17, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Kathleen Wilson Council Member Jim Moss Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Adam Adams Parks and Recreation Director A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m. A.2 Parks and Recreation Director Adams offered the Invocation. A.3 Council member Moss led the Pledges. A.4 Citizen Presentations: Bob Radder, 1 Lee Court - Asked that the McLain study be put on the website and accessible to all. 31 B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 27, 2008. Motion made by Wilson, seconded by Edstrom to approve Consent Agenda, Item B.1. Motion passed unanimously without discussion. *REGULAR SESSION C.1 Staff to present Master Park Plan and Council to discuss and take appropriate action regarding the plan and further direction to staff. Parks and Recreation Director Adam Adams gave a brief presentation of the Master Plan. Adams stated that Carter & Burgess (Jacobs), the Park Plan Task Force, Park Board and staff worked on the document for approximately one year. The Park Board and the Task Force approved the document with only very minor editorial changes. Adams said that Jacobs will provide a conclusion page that summarizes the Plan. Town Manager Emmons agreed that a Town Hall meeting, possibly in January and after the Council approves the Plan was a good idea. Council member Edstrom and Wilson suggested it be presented as a concept plan and explained that there are economic limitations. Council member Wilson thanked the Park Board and Director Adams for their work and presentation. C.2 Discuss and take appropriate action to award a contract in the amount of $25,000 for professional consulting services to Dr. Joseph Walker of the University of North Texas for the creation of a Master Park Plan for Trophy Club Park and approving the funding from EDC4A in an amount not to exceed $27,500.00. Town Manager Emmons stated that the Town received two proposals; one from Jacob’s Engineering and one from the University of North Texas, ranging from $25,000 to $83,000. The proposals have been reviewed by the Park Board and sub-committee, who recommend the University of North Texas. EDC 4A authorized funding for $25,000 for professional consulting services and an additional $2,500 for add-ons, total amount not exceeding $27,500. Council member Moss asked for Town Manager Emmons or Parks Director Adams to comment why the Town should do this. Town Manager Emmons stated the primary reason is that the updated plan will provide better idea of land usage. Entering into the agreement shows that the Town is taking a proactive approach to build this Park. Adams stated that the CORPs Lake Manager is aware of the publicity surrounding the Park and believes this is a proactive approach that allows the Town the ability to continue to acquire grants. 32 Park Board member, J.D. Stotts stated that the Park is a unique amenity that the Town has control over. The Board is very happy with the detail of the RFP that will address the regional aspects as well. The detail in the RFP is imperative in order to have a successful working relationship with the CORPs. Council member Wilson asked if there were allowances and if the Council was amenable for other communities to buy into other aspects of this plan in the future. Town Manager Emmons said that the Town Council would need to discuss at a later date. Motion made by Edstrom; seconded by Strother to award a contract in the amount of $25,000 for professional consulting services to Dr. Joseph Walker of the University of North Texas for the creation of a Master Park Plan for Trophy Club Park and approving the funding from EDC4A in an amount not to exceed $27,500.00. Motion passed unanimously without further discussion. C.3 Discuss and take appropriate action regarding amendments to the New Intergovernmental Contract for Employee Services (2008) between the Town and the Trophy Club Master District. Town Manager Emmons recommended that the Council not take action on the Intergovernmental Contract as there is work to be done between attorneys and Town Attorney Adams is not ready to discuss. Item moved forward to a meeting more appropriate. C.4 Fire Chief Thomas to present the new ISO Rating for the Town of Trophy Club and discussion of same. Fire Chief Thomas presented the new rate ISO Rating. Thomas stated that in May 2007 the Trophy Club Fire Department began gathering information to determine whether our community was eligible for a reduction factor in our insurance rates from the Texas Department of Insurance using ISO. On April 30, 2008, ISO submitted a letter of rate adjustment to the Texas Department of Insurance, State Fire Marshal’s office for the Class 3 Classification. The rate was effective and available to citizens on November 1, 2008. Discussion only, no action taken. C.5 Discuss and take appropriate action regarding an Ordinance amending various sections of Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled Administration", and amending Article III, entitled "Weeds" of Chapter 8 entitled "Nuisances". 33 Town Manager Emmons introduced the item as general housekeeping that amends current code due to changes made to the fee structure. Motion made by Wilson, seconded by Moss to approve an Ordinance amending various sections of Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled Administration", and amending Article III, entitled "Weeds" of Chapter 8 entitled "Nuisances". Town Attorney Adams clarified that the change to Preliminary Platt was only a title change. Additionally, the code no longer requires animal trap rental, only a deposit. Staff said the fee for euthanasia was not included in the Ordinance and staff will bring back another amendment at the second meeting in December. Motion passed unanimously without any discussion. C.6 Discuss and take appropriate action regarding the MUD proposed amendments to the Interlocal Cooperation Agreement for Fire Protection Services between the Town and the Municipal Utility Districts and regarding the term and effective dates for the Agreement. Mayor Sanders referenced Section 1.02, changing the term to nine months, and the phrase on page 4, under B.5, documenting Fire Department rent expense paid to MUD1 and MUD2 at 50/50. Motion made by Strother, seconded by Moss to approve the amendments to the Interlocal Cooperation Agreement for Fire Protection Services between the Town and the Municipal Utility Districts and regarding the term and effective dates for the Agreement. Town Manager Emmons stated no objection to the first change since it does not affect the Town. Emmons said that there were several discussions regarding the proposed amendment under section B.5, and whether it is appropriate since it has no contractual bearing. Town Attorney Adams stated she does not understand the change and what obligation the change would impose on the Town. Town Manager Emmons and Town Attorney Adams were under the impression that the ILA was to go back to the sub-committee. Adams requested that the language be clarified prior to advising Council. MUD 1 Director Dean Henry agreed that this was to go back to the sub-committee. Motion made by Sterling, to strike section B.5. Motion died for a lack of second. 34 A substitute motion was moved by Edstrom; seconded by Wilson to refer the Agreement back to the sub-committee and requested Town Manager Emmons and Town Attorney Adams relay Council’s comments regarding the proposed change to Section B.5. Motion passed 4:1; with Sterling opposing. C.7 Discuss and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting process and consider moving the date for submission and selection of Citizen of the Year until May 2009. This Item was placed on the Agenda per Council member Edstrom. Town Manager Emmons gave the history of Citizen of the Year. Council member Edstrom stated that she would like to move the Citizen of the Year to a later date rather than awarding at Founder’s Day as it reduces the impact. Edstrom stated that 98% of Citizen of the Year Awards are awarded by various chambers of commerce, rather than the municipality. Edstrom said that former recipients felt that the award should include regional philanthropy and include a youth category. Council member Moss stated that there are a number of people who make significant contributions though out the year and believes the acknowledgement needs to be broadened. Mayor Pro Tem Sterling agreed that in order to avoid potential conflicts it is good to remove the Town staff. Sterling is in favor of expanding the award and including a Junior Citizen of the Year. Council member Wilson supports what has been suggested and discussed this far and suggested a survey on the website. Council member Strother suggested changing the title to Trophy Club Stars. Staff may have to compile the nominations and then allow the community to decide/vote. Bob Radder, 1 Lee Court – Stated he likes Strother’s idea. Council members Edstrom and Wilson agreed to work together and revamp the program and report back prior to the end of the year. C.8 Discuss and take appropriate action regarding the extension of traffic calming lanes on both sides of the street between Oak Hill Drive, Trophy Club Drive and Municipal Drive. Robert Hoch, 245 Oakhill Drive – Recommended that the north side of Trophy Club Drive, between Municipal Drive and Oak Hill Drive remain unmarked with traffic calming stripes. 35 Council member Edstrom clarified that the traffic calming is not on both sides. Mayor Sanders said that he is not in favor of striping on the Country Club side of the street. Motion made by Moss; seconded by Wilson to extend the traffic calming lanes from where it currently ends to Municipal Drive on south side, along Trophy Club Drive to Municipal and provide a turn lane from where it ends down to Municipal Drive. Council agreed that the motion should be general direction provided to staff to take care of. No vote was taken. C.9 Discuss and take appropriate action regarding the award/rejection of bids for a 500,000 Gallon Elevated Storage Water Tank, and authorizing the Town Manager or his designee to execute all necessary contract documents. Town Manager Emmons stated the bids were opened on November 10, 2008. $1.2 million was originally budgeted for this project, with $960,000 being part of the PID bond funds. The low bid received was $1.47million, total cost of the tank. In addition to the other estimated costs associated to construction, $75,000 for inspection cost and $80,000 for insuring design and project administration; a budgeted cost of $1.6 million. The PID construction and funding agreement requires that the developer or owner is responsible for the construction cost overruns. Centurion American will be responsible for approximately $600,000 as opposed to $260,000 originally estimated and budgeted. Emmons has been unable to speak to the owner and recommended the Council refer this item to the December 1, 2008 meeting. C.10 Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. This Item was requested by Council member Wilson. Council member Wilson stated that she envisioned a five person group with one Council liaison and volunteered to be the liaison. Wilson foresees the Library Focus Group as a stepping stone who can take recommendations to Town Manager Emmons to provide to NISD. Wilson said the librarian for the new Haslet library is a Trophy Club resident and has already agreed to serve on the group. The Council discussed how the group would be selected, if applications would be received, or if that is too formal for the group. Council member Edstrom asked that more information be provided; the scope of the group and the suggested start and end dates for the group. 36 Council member Wilson preferred that no action be taken tonight and that the item was just an opportunity to present the vision and find out if Council would be amenable to the idea. Council member Strother is open to process and would like a more defined plan. This item will come back to Council when the ideas have been formulated. C.11 Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. Town Manager Emmons stated that Trophy Club Master Improvement projects, Phase II has been finalized. The total contracted price was $5.45 million, $25,000 less than projected. Emmons explained one change to the Northwest Park drainage ditch project, and stated that preliminary grading on the amenity lake and the landscaping for all medians has begun. Mayor Sanders asked Town Manager Emmons to thank the staff for their diligence. C.12 Items for Future Agenda. Council member Wilson asked Town Manage Emmons to work with Roanoke City Manager Stathatos on the sound barrier issues on the east side. D.1 Adjourn. Motion made by Sterling, seconded by Strother to adjourn. Meeting adjourned at 8:58p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 37 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.C.1 Public Hearing to consider an Amendment to Town Ordinance No. 2007-15 P&Z, the same being PD – Planned Development District No. 27, the Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot Type Regulations" of Exhibit "B" entitled "Development Standards" to correct an inconsistency in the ordinance relative to Lot Type 3 side yard requirements. (PD AMD-08-028) REQUEST: To clarify the side yard required for Lot Type 3 lots in Planned Development No. 27, Ordinance No. 2007-15 P&Z, Exhibit “B” Development Standards. SUMMARY: The text for Lot Type 3 Side Yard on Page 25 of the Planned Development Ordinance No. 2007-15 P&Z states that the side yard for Lot Type 3 lots is 5-ft. In Table 4-1 on Page 31 of the ordinance, the side yard for Lot Type 3 lots is 6-ft. Staff would like to correct this inconsistency in the PD ordinance document. February 15, 2007 Planning & Zoning Commission Meeting At the Planning & Zoning Commission meeting on February 15, 2007, Centurion American requested changes to the PD-27 ordinance. One request was to change the side yard for Lot Type 3 lots from 6-ft. to 5-ft. The Planning & Zoning Commission discussion of this requested change is reflected on Page 5 of the minutes from that meeting. The Commission concludes that they can support a recommendation of changing the side yard for a Lot Type 3 lot from 6-ft. to 5-ft. The Commission continues the discussion of changes to PD-27 at the next two P&Z meetings. March 1, 2007 Planning & Zoning Commission Meeting At the Planning & Zoning Commission meeting on March 1, 2007, during the continuation of the discussion of the requested changes to PD-27, Chairman Hill commented that the Commission changed the Lot Type 3 side yard from 6-ft. to 5-ft. This comment by Chairman Hill can be found at the 20:22 mark of the tape of this meeting. That comment, highlighted in yellow, has been added to the March 1, 2007 minutes and is attached. Portions of the packet from this meeting are also attached; those pages indicate that the change was made in the text, but not in Table 4-1. Chairman Hill requested one more look at the PD amendments and the item was scheduled for P&Z on March 15, 2007. March 15, 2007 Planning & Zoning Commission Meeting 38 At the Planning & Zoning Commission meeting on March 15, 2007, a motion was made to recommend approval of the requested amendments to PD-27. The minutes from this meeting are attached with the motion highlighted. Portions of the packet from this meeting are also attached; those pages indicate the requested change was made in the text but not in the table. The motion to recommend approval of the requested amendments to PD-27 was passed unanimously (Hill, Stephens, Ashby, Moss, Reed, Sheridan). April 2, 2007 Town Council Meeting The Town Council heard and approved this item on April 2, 2007. Three pages from the April 2 packet are attached showing the requested change to Lot Type 3 lots. The ordinance created after Town Council approval reflects 5-ft. in the text, but 6-ft. in Table 4-1. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission heard this request on November 6, 2008, and postponed the item for further research and proof that the Commission had approved a change from 6-ft. to 5- ft. for Lot Type 3 lots. On November 20, 2008, this item was brought back before the Commission and the following motion resulted: Chairman Hill asked for a motion recommending to the Town Council approval of a correction to Table 4-1 on Page 31 of Ordinance 2007-15 P&Z, changing the Lot Type 3 side yard value to 5-ft. Chairman Reed so moved and Commissioner Sheridan seconded the motion. Ayes: Hill, Reed, Forest, Sheridan, Davidson Nays: Ashby Action: 5-1, Approved PUBLIC HEARING: As required by Town of Trophy Club regulations, a notice of public hearing for this item was placed in the local newspaper. A notice of continuation of the public hearing was also published. Attachments: February 15, 2007 Minutes Portions of Packet – February 15, 2007 March 1, 2007 Minutes Portions of Packet – February 15, 2007 March 15, 2007 Minutes Portions of Packet – March 15, 2007 April 2, 2007 Portion of Council Packet Notice of Public Hearing Planning & Zoning Commission Minutes 39 Ordinance No. 2008-XX P&Z Hardcopy of PD-27, Ordinance No. 2007-15 P&Z included in packet 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: October 14, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: October 17, 2008 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, November 6, 2008 TOWN COUNCIL Monday, November 17, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, November 6, 2008, to consider: To amend Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards. The Town Council will hear the above item on November 17, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. 70 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: November 17, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: November 21, 2008 Public Hearing NOTICE OF CONTINUATION OF PUBLIC HEARING Text Amendment to PD-27 TOWN COUNCIL Monday, December 1, 2008 A Public Hearing was held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, November 6, 2008, to consider an amendment to Ordinance No. 2007-15 P&Z, the same having amended Ordinance No. 2006-11, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards. The Planning & Zoning Commission postponed the item from November 6, 2008, to November 20, 2008, asking staff for more research on the requested change to Lot Type 3 lots for a 5-ft. side yard. The postponement continues the public hearing and this notice is provided as a courtesy only. The Town Council will hear the above item on December 1, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. 71 Planning and Zoning Commission Minutes – November 20, 2008 Chairman Hill announced the item and then stated to the Commissioners and the audience that documentation provided in the packet concerning P&Z consideration in February and March 2007 for various amendments to PD-27 verifies the Commission’s action to provide Lot Type 3 side yard setbacks of 5-ft. The 6-ft. value shown in Table 4-1 on Page 31 of Ordinance 2007-15 P&Z was inconsistent with the Ordinance’s text and the Commission’s decision for a 5-ft. side yard. Chairman Hill opened the public hearing, noted that there were none wishing to speak, and the public hearing was closed. Chairman Hill asked for a motion recommending to the Town Council approval of a correction to Table 4-1 on Page 31 of Ordinance 2007-15 P&Z, changing the Lot Type 3 side yard value to 5-ft. Chairman Reed so moved and Commissioner Sheridan seconded the motion. Commissioner Ashby stated that he believed the Commission had intended to approve this change provided the 5-ft. applied if the garage was not facing the street, but 6-ft. if the garage was facing the street. Chairman Hill responded that the Commission did discuss dual side yard widths for this lot type, but eventually the Commission dropped the dual width side yard to have a single width throughout Lot Type 3. Commissioner Ashby stated that he was not present at the meeting where the dual side yard width was dropped and therefore when he voted for this change on March 15, 2007, he thought he was voting for the dual side widths. He would prefer to see it that way. There was no further discussion and the Chairman reminded the Commission that we have a motion and a second and he called for a vote. Ayes: Hill, Reed, Forest, Sheridan, Davidson Nays: Ashby Action: 5-1, Approved 72 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD PLANNED DEVELOPMENT NO. 27, THE SAME HAVING AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO TABLE NO. 4-1 ENTITLED “SUMMARY OF LOT TYPE REGULATIONS” OF EXHIBIT “B” ENTITLED “DEVELOPMENT STANDARDS” OF PD NO. 27 AS MORE FULLY DESCRIBED HEREINBELOW; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-08- 028) WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z amending Ordinance No. 2006-11 P&Z, creating PD Planned Development No. 27, known as The Highlands at Trophy Club (hereinafter “PD No. 27”); and WHEREAS, staff wishes to correct an error in Table No. 4-1 of Page 31 of Exhibit B – Development Standards, in which the side yard for Lot Type 3 lots is listed as 6’, but should be 5’; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend PD No. 27 came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and 73 Zoning Commission of the Town has recommended to the Town Council the adoption of the amendment to Ordinance No. 2007-15 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered the proposed amendment and considered, among other things, the impact of the proposed amendment on density, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the adoption of the amendment hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity for the amendment to Ordinance No. 2007-15 P&Z, and the Town Council has determined that this Ordinance should be adopted, that the proposed change is consistent with the Comprehensive Land Use Plan, and that the terms of this Ordinance shall replace those terms contained in Ordinance No. 2007-15 P&Z in their entirety except as may be specifically set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No. 27, Table No. 4-1 entitled “Summary of Lot Type Regulations” of Exhibit “B” entitled “Development Standards,” is hereby amended in the following particulars to be and read in its entirety as follows, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: 74 TA B L E N O . 4 - 1 Su m m a r y o f L o t T y p e R e g u l a t i o n s Lo t Ty p e Mi n . Sq u a r e Fo o t a g e Ty p i c a l Di m e n s i o n s Mi n . Wi d t h Mi n . De p t h Ya r d S e t b a c k s M i n . D w e l l i n g S q u a r e Footage F r o n t S i d e Si d e Ad j a c e n t To S t r e e t Re a r G o l f O t h e r s 1 * 1 2 , 0 0 0 s . f . 1 0 0 ’ x 1 2 0 ’ 9 0 ’ 1 1 0 ’ 2 5 ’ * 1 0 ’ 2 0 ’ * 2 5 ’ 2,500 s.f 2,000 s.f. 2 * 1 0 , 0 0 0 s . f . 8 0 ’ x 1 2 5 8 0 ’ 1 1 0 ’ 2 5 ’ * 7 . 5 ’ 1 5 ’ * 2 5 ’ 2,500 s.f 2,000 s.f. 3 8 , 4 0 0 s . f . 7 0 ’ x 1 2 0 ’ 7 0 ’ 1 1 0 ’ 2 5 ’ 6’ 5 ’ 1 5 ’ 2 0 ’ 1 , 8 0 0 s . f . 4 7 , 2 0 0 s . f . 6 0 ’ x 1 2 0 ’ 6 0 ’ 1 0 0 ’ 2 0 ’ - 2 6 ’ 5 ’ 1 5 ’ 2 0 ’ 1 , 6 5 0 s . f . 5 3 , 0 0 0 s . f . 3 0 ’ x 1 0 0 ’ 3 0 ’ 1 0 0 ’ 2 0 ’ / 2 3 ’ / 2 5 ’ 0 ’ 1 0 ’ 1 0 ’ 1 , 4 0 0 s . f . ( m i n 7 0 % 1 , 6 0 0 s . f . ) *A d d i t i o n a l G o l f C o u r s e L o t R e q u i r e m e n t s . R e f e r t o L o t T y p e R e g u l a t i o n s . 75 SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD No. 27 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 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 76 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 1st day of December, 2008. _____________________________________ Mayor, Nick Sanders 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 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.C.2 Public Hearing to Consider a Request for Replat of Lot 3, Block B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner, Represented by Pate Surveyors. (RP-08-016) PURPOSE: Public Hearing to consider a request for replat of Lot 3, Block B, Trophy Wood Business Center. The purpose of the replat is to subdivide the lot into two tracts to conform to the zoning of this property. Lot 3R1, the western portion of Lot 3, will consist of approximately 2.124 acres. Lot 3R2, the eastern portion of Lot 3, will consist of approximately 2.809 acres. OWNER: Larry Stewart Highway 114 Prospect, LTD 4011 N. Midland Drive Midland, TX 79707 The applicant is negotiating a sale of Lot 3R2 for development as a full service Holiday Inn hotel. Lot 3R2 is being platted with fire lanes and easements to match the potential site plan of the Holiday Inn concept plan. The Town of Trophy Club has not received an official submittal from Holiday Inn. The current owner of the property recognizes that this plat will need to be amended if a Holiday Inn is not brought forward for development on Lot 3R2. CURRENT ZONING: The site is zoned as a Planned Development (PD-25). Lot 3R1 (Tract 8) is zoned for retail uses. Lot 3R2 (Tract 9) is zoned for retail or hotel uses. The zoning and PD concept plan for this site were approved in December 2002. This replat will not change the current zoning or uses allowed on this property. ADJACENT ZONING/EXISTING LAND USES: North: Vacant/PD-26 Trophy Club Physician’s Hospital South: Value Place Hotel/PD-25 East: T.W. King Road/City of Southlake West: Trophy Wood Drive/PD-25 THOROUGHFARE PLAN: This commercial property located at the southeast corner of Trophy Club has special thoroughfare requirements. Much of the PD-25 property is located adjacent to a one-way frontage road along Highway 114. In order to ensure 78 adequate circulation, the Thoroughfare Plan indicates a commercial collector to extend through the PD-25 property, providing access to Highway 114 as well as the rest of the commercial development located at this commercial node. These requirements have been previously met by the developer when he built Trophy Wood Drive and Plaza Drive. COMPREHENSIVE LAND USE PLAN: This site is located within the area identified on the Comprehensive Land Use Plan for Commercial/Professional uses. This replat adheres to the Comprehensive Land Use Plan. PUBLIC HEARING: Replatting of non-residential property requires a public hearing at final authority (Town Council). The Town Council will hear this item on December 1, 2008, and a notice of public hearing was placed in the local newspaper per ordinance requirements. A courtesy notice was sent to the residents of Hanna and Jamie Cts. STAFF REVIEW, ANALYSIS AND FINDINGS: Staff and the Town Engineer have reviewed the plat and determined that it complies with Town ordinances and regulations as well as the obligations outlined in PD-25. The Town of Trophy Club Code of Ordinances requires the following criteria for plat approval (Chapter 12-Subdivision Rules & Regulations, Section 3.05 Criteria for Plat Approval): A. The Town shall approve a plat if it conforms to: 1. The general plan, rules and ordinances of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 2. The general plan, rules and ordinances for the extension of the Town and its roads, streets, and public highways within the Town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities; 3. All requirements of the Town’s Subdivision Regulations and all rules adopted pursuant to those Regulations or the Town’s Zoning Ordinance. 4. An approved preliminary plat. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this case on November 20, 2008, and made the following motion: Commissioner Davidson made a motion to recommend to the Town Council approval of a replat of Lot 3, Block B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Commissioner Reed seconded the motion. Ayes: Hill, Reed, Forest, Sheridan, Ashby, Davidson Nays: None Action: 6-0, Approved 79 Attachments: Application Replat – 2 pages PD-25 Concept Plan Concept Plan for a Holiday Inn Hotel Existing Plat of Lot 3, Block B, Trophy Wood Business Center Newspaper Public Hearing Notice and Residents Courtesy Notice November 20, 2008, P&Z Minutes Pertaining to This Case 80 81 REPLAT – PAGE 1 82 REPLAT – PAGE 2 83 CONCEPT PLAN – PD-25 84 CONCEPT PLAN FOR A HOLIDAY INN HOTEL THIS IS A CONCEPT PLAN ONLY – HAS NOT BEEN OFFICIALLY SUBMITTED OR REVIEWED BY STAFF FOR ACCURACY 85 EXISTING PLAT OF LOT 3, BlOCK B 86 NEWSPAPER PUBLIC HEARING NOTICE FOR TOWN COUNCIL AND RESIDENTS COURTESY NOTICE Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: November 4, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: November 7, 2008 SUBJECT: Replat of Lot 3, Block B, PD NO. 25 NOTICE OF PUBLIC HEARING TROPHY CLUB TOWN COUNCIL Monday, December 1, 2008 A Public Hearing will be held by the Town Council of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Monday, December 1, 2008, to consider a request for a replat of Lot 3, Block B, Trophy Wood Business Center, part of Planned Development District No. 25, Ordinance No. 2002-41 P&Z. Lot 3, Block B is designated as Tracts 8 & 9 on the PD-25 concept plan. 87 88 89 List of Residents Who Received Courtesy Notice 90 91 NOVEMBER 20, 2008, PLANNING AND ZONING COMMISSION MINUTES C.3 DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR REPLAT OF LOT 3, BLOCK B, TROPHY WOOD BUSINESS CENTER INTO LOTS 3R1 AND 3R2, BLOCK B. APPLICANT: LARRY STEWART, OWNER, REPRESENTED BY PATE SURVEYORS. (RP-08-016) Chairman Hill announced the case and asked Ms. Huggins for a staff report. Ms. Huggins stated that this is a replat request for Lot 3, Block B, which is designated as Tracts 8 and 9 on the 2002 zoning concept plan for this property. This request is to subdivide the lot into two lots matching the zoning that was approved in 2002. There are a couple of minor corrections needed to the plat. There is a 37’ fire lane, drainage and access easement which is not consistent from Lot 3R1 to Lot 3R2 which will be corrected by the applicant prior to taking this plat to Council. Also, in the dedication and notary blocks the owner’s full name was not properly written and that has been corrected as well. Ms. Huggins stated that this plat meets the Town regulations for plat approval and staff recommends approval. Chairman Hill asked the developer for a statement. Rick Horn, Pate Engineers & Surveyors, 6000 Western Center II, Fort Worth, stated that a couple of minor corrections have been made and he hopes that the Commissioners are comfortable with moving this on to Town Council. He is available to answer questions. Chairman Hill reminded the Commissioners that this item is for replat consideration only. Although the owner is platting with fire lanes and easements to match a potential site for a Holiday Inn concept plan, it may be necessary for the property owner to amend this replat if a Holiday Inn is not brought forward for development on Lot 3R2. The Holiday Inn concept plan is not a topic for discussion in this replat hearing. Commissioner Davidson asked if it is necessary to have fire lanes on this plat since the current plan does not show a second means of egress out of the plat. Chairman Hill responded that it is not a requirement, but the applicant requested that the fire lanes be included. Ms. Huggins added that a second ingress/egress will be required for a hotel and the applicant is willing to put that on the plat before this item goes before Council. Commissioner Sheridan mentioned a right-of-way dedication on the 2003 plat (that was included with the packet for reference only) that might need to be abandoned. The right-of-way Mr. Sheridan was referring to is not part of the replat being considered but will be noted for future reference. 92 Mr. Sheridan stated that a concept plan for a Holiday Inn was included in the packet and he wishes to make it clear that the concept plan is not part of his thinking as far as recommending one way or the other on this replat. Mr. Sheridan asked for better identification of the 37-ft. private drive. He noted that in the 10-ft. landscape easement “by the time we put a 5-ft. sidewalk in there isn’t any landscaping. You’re correct in the way you did it, but I’m disappointed that we didn’t identify that pavement shouldn’t be included within a 10-ft. landscape easement. That’s a lesson learned.” He would like to see access to Lot 4B from the fire lane. He would also like to see access from the fire lane to the 28-ft. access easement shared by the two lots. He stated that he does not consider an entrance/exit to Southlake/T. W. King to concern Trophy Club so the two entrances to this project should be in Trophy Club, not Southlake. Ms. Huggins stated that access to Lot 4, Block B, will be provided through the 28-ft. access easement that is shared by Lots 3R1 and 3R2. The current owner of Lot 4, Block B, has indicated that they will not be interested in having an entry or exit along the south side of their property, but the PD requires an access option at that point so it will be provided. Also, an ingress/egress from the fire lane to the access easement will be added to the plat before this item goes to Council. Commissioner Sheridan noted that the dedication includes allowing the “public use forever the streets and easements thereon”. He stated that this is a private street and asked if that means that because it is for public use it can remain private but never gated, or does that alter the private road status and who is maintaining it. Ms. Huggins stated that it is a private drive that cannot be gated as it is for the public’s use. She stated that in discussing this with the applicant they added a note on the first page to make that clear. Mr. Horn added that the change has already been made on the replat and will be reflected on the copy that goes to Council. Commissioner Sheridan made a few comments regarding the Holiday Inn concept plan and Chairman Hill reminded him that the concept plan is not part of the consideration this evening. Commissioner Davidson made a motion to recommend to the Town Council approval of a replat of Lot 3, Block B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Commissioner Reed seconded the motion. Ayes: Hill, Reed, Forest, Sheridan, Ashby, Davidson Nays: None Action: 6-0, Approved 93 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.C.3 Public Hearing to consider an Amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC (SP-08-009) PURPOSE: Public Hearing to consider approval of an amendment to PD-25, Trophy Wood Business Center, for approval of a Final Site Plan including Landscape Plan and Plant List including irrigation, Building Elevations, Site Line Study, Photometric Plan and Light Fixture Illustrations, Sign Criteria, and Development Schedule for a proposed Hampton Inn & Suites Hotel on 2.015 acres of land known as Lot 3R1, Block A, Trophy Wood Business Center located at the northwest corner of Plaza Drive and Trophy Wood Drive. APPLICANT/OWNER: Hydra Hotels LLC 1200 W. Walnut Hill Lane, Suite 3500 Irving, TX 75038 EXISTING CONDITION OF THE PROPERTY: This property was recently replatted and is currently zoned PD-25. The applicant is proposing to construct a four (4) story Hampton Inn & Suites. ADJACENT ZONING/EXISTING LAND USES: North: Lot 3R2, Block A/Vacant/PD-25/Office Uses South: Lots 1 & 2, Block A/Vacant/PD-25/Retail Uses East: Trophy Wood Drive and Lot 3, Block B/Vacant/PD-25/Retail & Hotel Uses West: “CG” Commercial General/Vacant COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates this area as Commercial/Professional. This request is in conformance with the Comprehensive Plan. STAFF ANALYSIS: Planned Development No. 25 requires the final approval of the items listed and states that these approvals must be made by an amendment to the ordinance creating PD-25. Therefore, this request is for an amendment to Ordinance 94 No. 2002-41 granting approval of the final site plan, including but not limited to landscape plan and plant list, building elevations, sight line studies, civil site plan, photometric plan and light fixture illustrations, sign criteria, and a development schedule. Final Site Plan: The applicant has submitted a final site plan which shows the layout of all proposed structures on the lot, provision for parking, ingress/egress, vehicular circulation within the site, and existing utilities within or adjacent to the site. The total square footage of the hotel is proposed at 57,200 square feet and will contain 94 units. Parking is required at a rate of one (1) space per room. The applicant has provided 95 parking spaces. In PD-25, hotels shall not exceed 65-ft. or four (4) stories in height. The height of the hotel is 4-stories and 56’-5½” (top of parapet). The site plan appears to meet all of the minimum setback requirements as approved as part of PD-25 development standards. Access to this property will be from Trophy Wood Drive and Plaza Drive. The dumpster must be enclosed with masonry on three sides and a gate on the fourth side. The masonry must be of a similar architectural style of the building. The PD requires that the minimum height of the enclosure shall be determined by the height of the dumpster. The Planning and Zoning Commission requested that the enclosure be a minimum of 8’. The applicant agreed to this request. A sidewalk is proposed at the curb along Trophy Wood Drive and along Plaza Drive. Commissioner Sheridan asked the applicant to consider placing landscaping at the curb and moving the sidewalk to the inside of the landscape easement or “split the difference”. The sidewalk at the curb was established as part of this PD and is the way that the Value Place Hotel site was approved and developed. Staff would like the sidewalks to remain at the curb so that the PD is developed consistently throughout the site. Landscape Plan and Plant List: A landscape plan has been submitted and appears to be in compliance with the requirements of PD-25, the Zoning Ordinance, and the Subdivision Ordinance. A tree protection/mitigation plan has been submitted as part of the Landscape Plan. All landscaped areas are proposed to be irrigated. Prior to issuance of a building permit, a tree removal permit in accordance with Article 8 of the Subdivision Ordinance must be approved by the Permitting Department before the removal of any trees from this site. The applicant is proposing removing ten (10) trees on this site; five (5) of which are considered protected trees (66 caliper inches). The landscape plan indicates they will be planting 114 caliper inches of trees, thus meeting the tree mitigation provisions of 1.5 caliper inches per protected tree as set forth in the subdivision regulations. All proposed trees meet the requirements of the permitted species and consist of Magnolia, Loblolly Pines, Bald Cypress, Chinkapin Oak, Live Oak, and Red Oak. A plant list has been provided on the landscape plan which indicates the species, sizes, spacing, quantities and planting remarks. 95 There is a ten (10) foot landscape buffer required along Plaza Drive as well as a 15 foot strip along Trophy Wood Drive. The Planning and Zoning Commission requested that some of the trees along Trophy Wood Drive, close to the monument sign, be moved to the north side of the site, along with some of the trees from the west side of the property. The applicant complied with the request, moving four trees from the area near the monument sign to the north property line. The applicant chose to keep the trees along the west property line, adding four additional trees to the north property line for a total of 92 trees and 254 shrubs, which exceeds the required 20% landscaping of the site by almost 7%. Ground coverage is proposed in Liriope and Bermuda sod. Along the northwest corner of the site which is the closest point to residentially zoned property, the applicant is maintaining a 30-ft wide buffer easement and was proposing to plant four (4) trees consisting of Red Oak, Bald Cypress and Chinquapin Oak. For that corner of the property, the Planning and Zoning Commission requested trees that would maintain their leaves throughout winter. The applicant has complied and will plant four Live Oaks at that corner. Commissioner Sheridan requested that the applicant obtain permission to plant a few trees in the triangle of land belonging to Lot 3R2. The applicant does not receive landscape credit for trees placed outside the property boundary and irrigation and maintenance would not be provided for those trees. As requested by the Planning and Zoning Commission, the notation that the quantities indicated on the plant list are an “estimate” has been removed and restated that the contractor will be responsible for bidding and providing the quantity of plants designated on the plant schedule. Building Elevations: Front, rear, and side building elevations have been provided and appear to meet the minimum requirements of the ordinance. The ordinance requires that 100% of the total exterior walls, excluding doors, windows and porches, be constructed of natural or manufactured stone, concrete, brick, stucco, split face concrete block or other material of equal characteristics; however, all buildings are required to have stone veneer as part of the exterior construction materials. In addition, all buildings must have a dull finish metal type roof and the Planning and Zoning Commission and Town Council shall approve the color selection for roof materials. A color selection is not required for this project as the hotel will have a standard type flat roof line with parapet walls. The Planning and Zoning Commission stipulated that the roof top air conditioning units either cannot show over the parapets or must be screened from view from the residences or from the street. The applicant will comply. The proposed building will be constructed of a combination of simulated stone and E.I.F.S. The applicant has provided a color legend for the stone and E.I.F.S. and those colors must be approved by the Planning and Zoning Commission and Town Council. 96 Sight Line Studies: The applicant has provided sight line studies that indicate the view from Trophy Wood Drive and Plaza Drive. The sight line studies provided appear to meet the minimum requirements of the ordinance. Civil Site Plan: The final site plan submitted contains sufficient information to be considered as the civil site plan. Photometric Plan & Light Fixture Illustrations: A photometric plan illustrating provision for building lighting (ground fixtures with uplighting), parking area lighting (25- ft. maximum lighting fixtures and 12-ft. ornamental street lights at the perimeter drive approaches) and foot-candle illumination (cannot exceed 8.0 foot-candle) for the entire site was provided and met the requirements of the PD. Commissioner Sheridan asked the applicant to consider lowering the light poles in the back of the hotel in exchange for higher light poles at the front of the hotel (a light pole higher than 25-ft. would require a waiver of the PD requirements by the Town Council). The applicant has lowered the three light poles in the rear of the hotel to 20-ft. in height and kept the 25-ft. high light poles in the front of the hotel. The applicant has provided 12-ft. ornamental street lights at the perimeter drive approaches as required by the PD. The foot-candle illumination for the Hampton Inn & Suites site meets the requirements of the PD. Sign Criteria: The site plan indicates the locations of proposed signs. The applicant is requesting one (1) monument sign to be located along Trophy Wood Drive. The proposed sign is ten (10) feet in height and is less than eight (8) feet in width, at its widest point. Additionally, the applicant is proposing one (1) wall sign to be located at the top center of the hotel, consisting of 139.33 square feet in area and one (1) wall sign along the right elevation consisting of 81.25 square feet of area. The Building Inspector has reviewed and confirmed that the signs meet the size requirements of the Town and PD regulations. All signs will be the typical sign of Hampton Inn & Suites and will be predominantly deep red in color for the wall mounted signs and blue, white, red and black for the monument sign, as indicated on the signage plans. Section B.6 of PD-25 Development Standards requires that the applicant provide written signage standards to be approved by the Town Council upon recommendation of the Planning and Zoning Commission as an amendment to the PD-25 Ordinance. The signage plans submitted as a part of this final site plan, meet this requirement. In addition, Staff requested the applicant agree to a masonry base for the monument sign; the masonry to match the stone used on the main building. The applicant has agreed and revised the monument signage sheet to reflect a stone base. Retaining Wall & Fence Criteria: The only retaining wall section proposed on this site is located within the area adjacent to the swimming pool area. Prior to building permit issuance, the developer will need to provide the details of this retaining wall, sealed by a professional engineer, and approved by the Town’s Engineer. 97 Development Schedule: A development schedule indicating the proposed dates for start and end of construction has been provided. PUBLIC HEARING: Notification of public hearing was placed in the local newspaper on November 7, 2008. Property owners within 200-ft. of this site were notified. Courtesy notices were sent to additional residences in surrounding neighborhoods outside the 200-ft. area. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this request on November 20, 2008, and made the following recommendation: Commissioner Sheridan made a motion recommending approval to the Town Council with the comments and questions that the Commission has raised being answered and that those areas where the applicant has indicated that he is willing to work to improve the site plan be enacted. Commissioner Ashby seconded the motion. Ayes: Hill, Reed, Forest, Sheridan, Ashby, Davidson Nays: None Action: 6-0, Approved The comments and questions raised by the Commission were incorporated into this staff report: (1) dumpster enclosure must be a minimum of 8-ft. (applicant will comply); (2) move sidewalk away from curb (staff asks that it remain at the curb for uniformity throughout PD-25); (3) move trees to north side of property (applicant complied); (4) place evergreen-type trees (foliage stays green all year and never loses all the leaves at one time) in northwest corner of property closest to residential (applicant complied); (5) plant a few trees in triangle of property to the north (not applicant’s property, cannot receive landscape credit, trees would not be irrigated or maintained by Hampton Inn & Suites; (6) remove “estimate” wording from plant list (applicant complied); (7) roof top air conditioning units cannot be visible from residences or street (applicant will comply); and (8) change the photometric plan to lower the lighting in the back of the hotel in exchange for raising the lighting in the front of the hotel (applicant is working on this request). Attachments: Application Site Plan Landscape and Irrigation Plan Building Elevations Sight Line Study Photometrics/Electric Signage Criteria Development Schedule Public Hearing and Property Owner Notices Planning and Zoning Commission Meeting Minutes Ordinance No. 2008-XX P&Z 98 99 SITE PLAN 100 LANDSCAPE PLAN 101 IRRIGATION PLAN 102 BUILDING ELEVATIONS 103 SITE LINE STUDY 104 PHOTOMETRICS/ELECTRIC 105 106 SIGNAGE CRITERIA – FRONT ELEVATION 107 SIGNAGE CRITERIA – EAST/RIGHT ELEVATION 108 SIGNAGE CRITERIA – MONUMENT 109 DEVELOPMENT SCHEDULE 110 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: November 3, 2008 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ November 7, 2008 SUBJECT: Hampton Inn & Suites PD- AMD, Detailed Site Plan NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, November 20, 2008 TOWN COUNCIL Monday, December 1, 2008 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive at 7:00 p.m., Thursday, November 20, 2008, to consider an amendment to PD-25, Trophy Wood Business Center, to adopt a detailed site plan for Lot 3R1, Block A (Tract 7), generally located on the northwest corner of Plaza Drive and Trophy Wood Drive. Applicant: Hydra Hotels, LLC (Case No. SP-08- 009) The Town Council will hear the above item on December 1, 2008, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. 111 112 113 114 115 NOVEMBER 20, 2008, PLANNING AND ZONING COMMISSION C.4 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO TOWN ORDINANCE NO. 2002-41 P&Z, THE SAME BEING PD-25, TROPHY WOOD BUSINESS CENTER FOR FINAL DETAILED SITE PLAN APPROVAL FOR TRACT 7 (LOT 3R1, BLOCK A), INCLUDING A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SIGHT LINE STUDIES, CIVIL SITE PLAN, PHOTOMETRIC PLAN & LIGHT FIXTURES, SIGN CRITERIA, AND DEVELOPMENT SCHEDULE. APPLICANT: HYDRA HOTELS, LLC (SP-08- 009) Chairman Hill announced the case and asked for a staff report. Ms. Huggins gave a staff report, advised that the Town Engineer, Tom Rutledge, is present to answer questions as well as Chris King, the Building Inspector. Chairman Hill opened the public hearing. Richard Beaty, 18 Hillcrest Ct., stated the following: “I just don’t get it. How come we are continually being forced and almost railroaded into these pet projects that the overwhelming majority of the residents are vehemently opposed to? Colleyville, Southlake, Roanoke, Westlake and Keller have no multiple floor hotels built next to existing homes and back yards. Why us? Have all of you gentleman been to the property and stood on that lot? Hopefully you have. That’s pretty close to those houses there. It’s real close to the houses. Have any of you walked down to 114 and looked back up to see the kind of view that you are going to have? That hotel is right on the property. Also, have you gone to the Value Place Hotel and gone up to the 4th floor and looked out at the view? It’s got a great view. You can see forever. Just think of what that view is like right next to those property owners. They are looking right down on their yards. I visited the hotel that we have as a business and three things came out real quick as I was talking to the people there. The first one is I asked them how full they were. They said they only fill up twice a year – NASCAR. Other than that, they have a very low occupancy rate. Why do we need another hotel if the one we have existing in Trophy Club is not even being utilized? No. 2, they already knew that there were two hotels going in. It wasn’t until I talked to Carolyn earlier that I found out that there is a proposed Holiday Inn in the area. They already knew weeks in advance from their owner that other hotels were coming into the area. I’m just wondering if there is some sort of collusion between the builder and government that this is coming in and the citizens don’t know about what is going on. No. 3, Value Place Hotel is very concerned about these hotels going in because these are name hotels coming in and what are people going to do? They are going to get on the internet and find the name hotels and go there. They are going to take business away from the Value Place Hotel. What is that going to force them to do? They are going to have to lower their prices. So, next to you do you want to have somebody who is renting a room for $120 and next door you have someone for $20 a night so that they can stay competitive? There is going to be a difference in the kind of clientele you are going to have there. A new hotel will not only lower the property values of our homes, but put a strong financial burden 116 upon our Town’s commercial businesses. They are already starting to sweat it out with this coming. Now, if you go to the lobby of the Value Place Hotel and walk out of the lobby, across the parking lot, across the road that leads to 114 and go maybe 20-ft. past that and there is a fire hydrant. I went on the property itself and measured with a tape measure to the center of that property straight to where the homes are. It is an average area – some homes closer, some homes further away. Go to that hydrant, turn around and look at that hotel and you tell me that you can live with having that hotel that close to the property, especially having windows from a 4th floor that is looking down onto our properties. I encourage every one of you to go to that spot and take a look, right there at that fire hydrant, and see if this is what you envision as far as a Trophy Club and our backyards. If you do look at it, and you do accept it, and they’ve done a great job, and I think it is a beautiful job, and it seems they’ve done all the requirements that need to be done, however, it’s right next to people’s properties. It’s incredible. Why weren’t they built further out on 114 instead of being right next to our properties? By saying ok to this you are setting a precedent to have multiple story buildings next to our properties and houses. If you had said 5 or 10 years ago that there would be a multilevel hotel going in behind me I would have said you guys are absolutely insane. But, it’s happened. So, in time what is going to happen? How about putting a 4-story office building right next to the dentist office right around the corner? We could use the Country Club parking lot for parking. How about right in front of Hogan’s Glen entryway? Let’s put a 4-story hotel there. Do you think the Hogan’s Glen people will enjoy looking at that as they are coming out of their places? Let’s put a 4-story office building by First Baptist Church. Finally, how about the wooded area next to the Methodist Church? Let’s level that and put a 4-story storage area in. It sounds ludicrous, but at one time we never thought we would be able to put a man on the moon. I never thought that almost to my backyard I would see 4-stories of building. If you go back there and sit down and look at the hotel in existence, if you are real quiet and you can listen you can hear the residents of Southlake and Westlake laughing their asses off at us because we are the ones who decided to build this stuff in our backyard. They won’t. They keep the integrity of their communities. They will be able to keep the property values of their communities. They will even be able to prevent the environmental degradation of their communities. They will be able to keep the quality of their living while we will not. Finally, as you are sitting there and contemplating what decision we should be making on this thing as you are looking up at this building, maybe we should change the name of Trophy Club to Marshall Creek. At least, maybe we need to change the motto to “Trophy Club, a nice place to live except for you who live near hotel alley, then you are screwed”. Thank you for listening to us tonight. I was hoping there would be more people other than myself saying something about this. Remember, tonight, go down to where that fire hydrant is and look at the hotel there and that is what you are going to be looking at, that is what the people behind are going to be looking at. Don’t worry, you’ll be able to find the hydrant very easily because it is lit up by the hotel.” Bob Martin, 21 Jamie Ct., stated that he appreciates the changes that the applicant made to the landscape plan in adding trees on the northwest corner. He stated that Jamie Ct. curves and those residences around that curve are right there at the 117 northwest corner. The two or three trees are not sufficient. The sight line is going to go over the top of that. “I’m wondering if you could give consideration to putting some more trees in the 30-ft. buffer closer to the fence line where they will grow up and actually create a site buffer so those residents on that curve aren’t staring at the back of the hotel rooms.” There were no others wishing to speak and the Chairman closed the Public Hearing and moved to discussion of this item. C.5 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN AMENDMENT TO TOWN ORDINANCE NO. 2002-41 P&Z, THE SAME BEING PD-25, TROPHY WOOD BUSINESS CENTER FOR FINAL DETAILED SITE PLAN APPROVAL FOR TRACT 7 (LOT 3R1, BLOCK A), INCLUDING A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SIGHT LINE STUDIES, CIVIL SITE PLAN, PHOTOMETRIC PLAN & LIGHT FIXTURES, SIGN CRITERIA, AND DEVELOPMENT SCHEDULE. APPLICANT: HYDRA HOTELS, LLC (SP-08-009) Commissioner Sheridan thanked Mr. Beaty for his comments and told him that he has been on the site. He stated that he has walked it and sat there and driven around the area. He asked when this area was zoned for hotels. Ms. Huggins responded that the PD was approved in December 2002. Chairman Hill stated that the Comprehensive Land Use Plan that established that area as a commercial district was approved in 1997. Mr. Sheridan stated that the zoning was created a long time ago past what any of these commissioners can do. He stated that they are concerned but they must follow the law and the law allows it. He stated that they will ask for some cooperation from the applicant. Mr. Sheridan noted that there is an outfall in the northwest corner of the lot which is a 27” concrete pipe coming out of Lot 16. That outfall should go underground and help eliminate a problem, but he wonders if 27” is enough for Jamie Ct., Lot 3R2, the pool area, and the curb inlet. Is that acceptable? [Tom Rutledge, Town Engineer, reviewed and approved the engineering documents prior to placement of this site plan on a P&Z agenda. Mr. Rutledge was not given an opportunity to respond.] Mr. Sheridan asked for clarification of the arrows indicating where the 15-ft. drainage easement is located. Juan Vasquez, Tomden Engineering, indicated that they would make the arrows clearer on the site plan. Mr. Sheridan stated that this plan eliminates the turnaround and he would like to know if the Fire Dept. is going to accept that “as is” or will another turnaround be created. Ms. Huggins responded that they are going to accept it as is. The Fire Chief has not 118 indicated that anything further needs to be done with this project, but if that need changes with future development it will be addressed at that time. Mr. Sheridan stated that he hasn’t measured how long the street is, but the fire truck won’t be able to turn at the end of that street so he strongly advises the Fire Dept. to comment on whether or not they can accept that. Mr. Vasquez responded that the fire lane that goes through the Hampton Inn & Suites site will get the fire trucks in and out of that street. Mr. Sheridan stated that this plan shows a sidewalk right at the curb. Most every place in Town has a parkway between the curb and the sidewalk. He would like to see the sidewalk centered in the easement. [The sidewalk at the curb was established as part of this PD and is the way that the Value Place Hotel site was approved and developed. Staff would like the sidewalks to remain at the curb so that the PD is developed consistently throughout the site.] The PD requires the dumpster to be screened on three sides and per the PD the minimum height of the enclosure is determined by the height of the dumpster. Mr. Sheridan stated that dumpsters can vary in height and he would rather see a set height of 8-ft. for the enclosure around the dumpster. [The applicant agreed to this request.] Mr. Sheridan moved to Sheet L1, Landscaping, and asked that in Note No. 1 the applicant provide more than an “estimate”. Mr. Sheridan would like the Live Oaks around the monument sign to be moved to the north side of the property line. He would like the Chinkapin Oaks on the west side of the property moved to the north side. Mr. Vasquez stated that there is a public sewer line that runs through that area and placement of trees would be important. He asked Mr. Rutledge for advice on how much separation is needed. [Mr. Rutledge was not given an opportunity to respond.] Mr. Sheridan asked the applicant to talk to the northern neighbor and get permission to put trees on Mr. Stewart’s property in the triangular piece of property in the northwest corner of Lot 3R1. [Staff does not recommend this as the applicant would not get landscape credit for trees placed outside the property boundary and there would be no irrigation and maintenance provided for those trees.] Mr. Sheridan stated that Chinkapin Oaks are great trees that are disease resistant; however, they are not evergreen. He would like to see evergreen trees in the northwest corner of the property. “Live Oaks are evergreen trees that are slow growing so trade out the Chinkapin Oaks with the Live Oaks in that corner.” Mr. Vasquez asked how far east along the north property line should they go with the trees. Mr. Sheridan responded that he would like to concentrate the trees in the northwest corner and at a minimum halfway across the north property line, but, if possible, to keep going all the way across the north property line. He asked for at least three quarters of the north property line to be covered. Mr. Vasquez stated that the code requires so many trees 119 along the street. Mr. Sheridan would be willing to waive that requirement in favor of trees along the north side of the property. Commissioner Ashby stated that the ultimate goal, as expressed by Mr. Sheridan, is to try and create as much of a visual buffer on the north and northwest for the residences. Commissioner Sheridan asked if the parapet is satisfactory to hide equipment on the roof. Mr. Vasquez stated that there should not be any equipment visible from the roof. Commissioner Ashby asked for the height of the parapet. Mr. Vasquez responded that it is approximately 4-ft. Mr. Ashby responded that if they have R-2’s, 4-ft. will not hide them. He stated that a visual screen will be needed. Mr. Vasquez stated that if there are any units on the roof, they will be properly screened so that they are not visible from the street or from the adjacent residential properties. Commissioner Sheridan asked for confirmation that the right (east) elevation has a sign, but that there is no signage on the left (west) elevation that faces Maguire Partners property and would be visible from Hillcrest. Mr. Vasquez confirmed that is correct. Commissioner Sheridan asked if there is any rooftop wall lighting above an 8-ft. level on these elevations. Mr. Vasquez stated that there are no lights on the building other than emergency lighting on the doors. He explained that there are ballard lights around the perimeter which are uplights to illuminate the building. Mr. Sheridan stated that the color of the building is light in tone. He asked how the ambient light will reflect off a lighter colored building. Mr. Rutledge stated that a photometrics study was included which measures the level of light at the property line which is part of the requirement and part of the PD and they have met that. Mr. Sheridan asked if that measurement includes reflective light. Mr. Rutledge responded that it does. The photometric cell measurement reading is taken from the property line and that reading reflects the lighting coming off the site at the property line. Commissioner Sheridan asked the applicant to consider reducing the height of the light poles in the rear parking lot. He would be willing to exchange poles taller than 25-ft. in the front of the building for poles less than 25-ft. in the rear of the building to reduce the lighting on the side of the hotel closest to residences. Mr. Vasquez did not think that 5- ft. would make a lot of difference in illumination. Mr. Vasquez stated that lighting below 25-ft. does not work as efficiently as they do at 25-ft. and higher. He is concerned that there would be too much of a dark area in the rear of the hotel. Raj Chudasama, Hydra Hotels LLC, came forward and asked Mr. Sheridan what would be a recommended height for the three poles on the north side. Mr. Sheridan responded that Lots 15, 16 and 17 on Jamie Ct. are the closest affected by the lighting. Would it be possible to take the middle light fixture and move it to the south side of the parking lot? Mr. Chudasama stated that between those two choices, lowering the light poles might be a little bit better. He asked for a recommendation on height. Commissioner Ashby responded 20-ft. Mr. Vasquez stated that in order to meet the light levels needed, it might create the need for another pole. Commissioner Sheridan suggested they put the other pole 120 on the other side of the parking lot. Mr. Vasquez responded that they’ll see what they can do. Commissioner Davidson asked if adding a light closer to the building, since it is already up-lit, would negate its effectiveness. Commissioner Sheridan disagreed depending on the type of pole used. Mr. Davidson stated that they are only gaining 5-ft. Mr. Sheridan stated that for those with backyards close to this project every foot counts. He stated that they are not going to make everybody happy, but he appreciates that the applicant is trying to cooperate. Mr. Chudasama stated that they will look at lowering the back three light poles and going a little higher on the front. Commissioner Davidson asked for clarification of which light poles would be raised in the front of the building. Mr. Vasquez explained that the poles at the driveway are ornamental 12-ft. poles required by the PD. Commissioner Ashby asked if on the plans the poles labeled “DD” are 12-ft. and the poles labeled “AA” are 25-ft. Mr. Vasquez confirmed that is correct. Commissioner Ashby asked for confirmation that the monument sign does not exceed the maximum size as allowed by the PD. Ms. Huggins confirmed that it does not. Commissioner Forest asked for an explanation, for the benefit of the residents present, as to why hotels are allowed in this area. Chairman Hill gave a brief history of the zoning and platting of the property, explaining that the latest update of the Comprehensive Land Use Plan, adopted in 1997, established the area along Highway 114 as commercial, and the specific planned development zoning for Trophy Wood Business Center was established and approved on December 2, 2002, which allows three hotels in that area – the lot where the Value Place Hotel was built, the lot where the Hampton Inn & Suites will be built, and the lot where potentially a Holiday Inn might be built. Commissioner Forest stated that it has been a minimum of six years since the zoning was created. The owner and developer are meeting the criteria that the City requires. He stated that he wants the public to understand that this Commission cannot stop the hotels from being built as the zoning created six years ago allows it and the property owner has found potential tenants for the properties. There was no further discussion and Chairman Hill called for a motion. Commissioner Sheridan made a motion recommending approval to the Town Council with the comments and questions that the Commission has raised being answered and that those areas where the applicant has indicated that he is willing to work to improve the site plan be enacted. Commissioner Ashby seconded the motion. Ayes: Hill, Reed, Forest, Sheridan, Ashby, Davidson Nays: None Action: 6-0, Approved 121 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2008-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, BY AMENDING EXHIBIT “D” ENTITLED “SITE PLANS”, TO ADOPT A DETAILED FINAL SITE PLAN FOR TRACT 7 AS SET FORTH IN THIS AMENDMENT AND IN EXHIBITS 7-1 THROUGH 7-11 TO EXHIBIT “D”; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO INCLUDE EXHIBITS 7-1 THROUGH 7-11 PROVIDING A FINAL DETAILED SITE PLAN, A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, A PHOTOMETRIC PLAN AND LIGHT FIXTURE ILLUSTRATIONS, SIGN CRITERIA, RETAINING WALL AND FENCE CRITERIA AND A DEVELOPMENT SCHEDULE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), 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 the Town; WHEREAS, on 2 December, 2002, the Town adopted Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from it’s then current zoning of “CG”, Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, the developer of Tract 7 has requested an amendment to PD-25 for the purpose of seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Photometric Plan and Light Fixture Illustrations, Sign Criteria, Retaining Wall & Fence Criteria, and a Development Schedule, for Tract 7 and such amendments are set forth herein and in Exhibits 7-1 through 7-11 to Exhibit “D” entitled “Site Plans”; and 122 WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2002-41 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: 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 Exhibit “D” entitled “Site Plans” of Ordinance No. 2002-41 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby amended to add the following regulations relating to Tract 7 of the Land to Exhibit “D” and to incorporate Exhibits 7.1 through 7.11 to Exhibit “D” so that Exhibit “D” shall include the following and shall also include Exhibits 7.1 through 7.11 , and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. TRACT 7: A. Final Detailed Site Plan: A Final Detailed Site Plan for Tract 7 of this PD Planned Development, and all parts therefore, is attached hereto as Exhibit “7.1”, Final Detailed Site Plan, and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying 123 out the development of Tract 7 of the Land and compliance with each and every part of such Final Detailed Site Plan shall constitute as a condition precedent to the issuance of any building permit for Tract 7 of the land in the PD Planned Development District. B. Landscape Plan & Plant List: The landscape plan and plant list for Tract 7 of this PD Planned Development are attached hereto as Exhibit “7.2”, “Landscape Plan and Plant List”, and are incorporated herein as if copied in their entirety. C. Irrigation Plan: The irrigation plan for Tract 7 of this PD Planned Development are attached hereto as Exhibit “7.3”, “Irrigation Plan”, and are incorporated herein as if copied in their entirety. D. Building Elevations. The building elevations for Tract 7 of this PD Planned Development are attached hereto as Exhibit “7.4”, “Building Elevations”, and are incorporated herein as if copied in their entirety. E. Site Line Studies. The site line studies for Tract 7 of this PD Planned Development are attached hereto as Exhibit “7.5”, “Site Line Studies”, and are incorporated herein as if copied in their entirety. F. Photometric Plan and Light Fixtures. A photometric plan and light fixture requirements for Tract 7 of this PD Planned Development are set forth as Exhibits “7.6” and “7.7”, “Photometric Plan and Light Fixtures”, which is attached hereto and incorporated herein as if copied in its entirety. G. Sign Criteria. Signage requirements for Tract 7 of this PD Planned Development are set forth as Exhibits “7.8”, “7.9”, and “7.10”, “Sign Criteria”, which is attached and incorporated herein as if copied in its entirety. H. Retaining Wall and Fence Criteria. The retaining wall surrounding the swimming pool for Tract 7 of this PD Planned Development are included as part of the Final Site Plan in Exhibit 7.1, which is attached hereto and incorporated herein as if copied in its entirety. I. Development Schedule. The development schedule for Tract 7 of this PD Planned Development is set forth as Exhibit “7.11”, “Development Schedule”, which is attached hereto and incorporated herein as if copied in its entirety. SECTION 3. SAVINGS AND REPEALER 124 That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-25 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 portions 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 in accordance with the Town Charter. 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 1st day of December, 2008. 125 _____________________________ 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 126 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an Ordinance amending Town Ordinance No. 2007-15 P&Z, the same being PD – Planned Development District No. 27, the Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot Type Regulations" of Exhibit "B" entitled "Development Standards" to correct an inconsistency in the ordinance relative to Lot Type 3 side yard requirements. (PD AMD-08-028) (ch) 127 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding a request for Replat of Lot 3, Block B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner, Represented by Pate Surveyors. (RP-08- 016) (ch) 128 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding an Ordinance amending Town Ordinance No. 2002-41 P&Z, the same being PD No. 25, Trophy Wood Business Center, amending Exhibit "D" entitled "Site Plans", to adopt a detailed final site plant for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures, Sign Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC (SP-08-009) (ch) 129 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding a garbage cart pilot program. EXPLANATION: During the rate request submitted to the Town Council for approval, there was an additional request to implement automated collections. The request to convert to an automated system was denied, however our solid waste provider has requested that it be discussed again. The proposal is to implement a pilot program in a specific part of Town for a brief period to gain the input from the residents. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Cart Pilot Program Request 130 131 132 133 134 135 136 137 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding the award/rejection of bids for a 500,000 Gallon Elevated Storage Water Tank, and authorizing the Town Manager or his designee to execute all necessary contract documents. EXPLANATION: The elevated storage tank is one of the public improvements funded by the Public Improvement District. The beneficial assessment set the ratio for the cost at 80%-20%, with the PID paying $960,000 of the original $1,200,000 estimate. Cost overruns are addressed in the Highlands at Trophy Club Development and Public Improvement Agreement. In this agreement, Article VIII, Section 8.2 states that it is the responsibility of the owner (developer) for all costs which exceed the budgeted amount. In addition to the construction price, there are also costs associated with engineering ($83,900) and inspections ($74,280). The total cost for this project is $1,643,780 or $443,780 over budget. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Bid tab for the Trophy Club 500,000 Gallon Elevated Water Storage Tank 2. Correspondence from Landmark 138 139 140 141 142 143 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.6 Discuss and take appropriate action regarding an Ordinance amending Section 2.03(B) entitled "Stop Signs" of Article II, entitled "Traffic and Vehicles", of Chapter 10 entitled "Public Safety", of the Code of Ordinances of the Town, to designate additional stop intersections and authorizing the placement of additional stop signs at designated locations within the Town. EXPLANATION: This Ordinance will add all of the stop signs that have been installed in the Highlands development. RECOMMENDATION: Staff recommends approval of the Ordinance Amending Article II, Chapter 10 of the Town of Trophy Club’s Code of Ordinances ACTION BY COUNCIL: (bse) Attachments: 1. Ordinance 144 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008 – AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SECTION 2.03(B), “STOP SIGNS”, OF ARTICLE II, “TRAFFIC & VEHICLES” OF CHAPTER 10 “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS TO DESIGNATE ADDITIONAL STOP INTERSECTIONS AND AUTHORIZING THE PLACEMENT OF ADDITIONAL STOP SIGNS AT VARIOUS STOP INTERSECTIONS THROUGHOUT THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, and its inherent police powers, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, pursuant to Chapter 542 of the Texas Transportation Code, the Town is authorized to designate an intersection as a stop intersection or a yield intersection and to require each vehicle to stop or yield at one or more entrances to the intersection in accordance with an authorized traffic control device; and WHEREAS, due to growth and development within the Town, new streets and are being constructed and new intersections are being created; and WHEREAS, the Town Council has determined that public health, safety and welfare and good engineering practices mandate the designation of additional stop intersections and the addition of stop signs at those stop intersections; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to amend the Code of Ordinances by designating new stop intersections and authorizing the placement of stop signs as the official traffic control device at those stop intersections; and WHEREAS, the Town Council hereby finds that the amendment of Section 2.03(B) of Article II, Chapter 10 of the Code of Ordinances as further specified herein serves the best interests of the health, safety and welfare of the citizens of the Town. 145 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 Subsection B entitled “Stop Signs” of Section 2.03 entitled “Traffic Control Devices” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to designate additional stop intersection locations throughout the Town of Trophy Club and to authorize the placement of a stop sign as the official traffic control device at the following stop intersection locations numbered 131 through 161 of Section 2.03(B), so that Section 2.03(B) is hereby amended to add the following stop intersections and locations of stop signs: 131. At the southeast corner of the intersection of Glasgow Drive and Galloway Boulevard facing south on Glasgow Drive. 132. At the northwest corner of the intersection of Alisa Lane and McLean Avenue facing northeast on Alisa Lane. 133. At the southwest corner of the intersection of Alisa Lane and Montgomerie Avenue facing west on Alisa Lane. 134. At the southeast corner of the intersection of Montgomerie Avenue and Galloway Boulevard facing east on Montgomerie Avenue. 135. At the southeast corner of the intersection of Veranda Avenue and Galloway Boulevard facing southeast on Veranda Avenue. 136. At the northwest corner of the intersection of Carrick Drive and Veranda Avenue facing east southeast on Carrick Drive. 137. At the northwest corner of the intersection of Stirling Avenue and Carrick Drive facing northwest on Stirling Avenue. 138. At the southeast corner of the intersection of Stirling Avenue and Galloway Boulevard facing east on Stirling Avenue. 146 139. At the southeast corner of the intersection of Prestwick Avenue and Galloway Boulevard facing south southeast on Prestwick Avenue. 140. At the northwest corner of the intersection of Prestwick Avenue and Carrick Drive facing north on Prestwick Avenue. 141. At the southwest corner of the intersection of Carrick Drive and Edinburgh Avenue facing northwest on Carrick Drive. 142. At the southwest corner of the intersection of Aberdeen Drive and Edinburgh Avenue facing west on Aberdeen Drive. 143. At the northwest corner of the intersection of Aberdeen Drive and Prestwick Avenue facing northeast on Aberdeen Drive. 144. At the southwest corner of the intersection of Galloway Boulevard and Edinburgh Avenue facing northwest on Galloway Boulevard. 145. At the northwest corner of the intersection of Highlands Drive and Galloway Boulevard facing north on Highlands Drive. 146. At the southwest corner of the intersection of Mona Vale Road and Highlands Drive facing west on Mona Vale Road. 147. At the northwest corner of the intersection of Bellshill Lane and Mona Vale Road facing north on Bellshill Lane. 148. At the southeast corner of the intersection of Ralston Drive and Strathfield Lane facing south on Ralston Drive. 149. At the northwest corner of the intersection of Ralston Drive and Lilyfield Drive facing north on Ralston Drive. 150. At the northwest corner of the intersection of Lilyfield Drive and Mona Vale Road facing northwest on Lilyfield Drive. 151. At the northwest corner of the intersection of Strathfield Lane and Lilyfield Drive facing northeast on Strathfield Lane. 152. At the northeast corner of the intersection of Rosebury Lane and Lilyfield Drive facing east on Rosebury Lane. 153. At the northeast corner of the intersection of Broadway Drive and Roseville Drive facing east on Broadway Drive. 147 154. At the southwest corner of the intersection of Broadway Drive and Mosman Lane facing west on Broadway Drive. 155. At the southeast corner of the intersection of Mosman Lane and Morgan Lane facing southwest on Mosman Lane. 156. At the northeast corner of the intersection of Morgan Lane and Roseville Drive facing northeast on Morgan Lane. 157. At the northwest corner of the intersection of Roseville Drive and Marshall Creek Drive facing north on Roseville Drive. 158. At the northeast corner of the intersection of Broadway Drive and Highlands Drive facing east on Broadway Drive. 159. At the northwest corner of the intersection of Broadway Drive and Trophy Park Drive facing northwest on Broadway Drive. 160. At the northwest corner of the intersection of Waverly Drive and Broadway Drive facing northeast on Waverly Drive. 161. At the southeast corner of the intersection of Derby Way and Trophy Park Drive facing south on Derby Way. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control 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 its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby 148 declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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 Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 1st day of December, 2008. ______________________________ Mayor, Town of Trophy Club, Texas ATTEST: _________________________________ Town Secretary, Town of Trophy Club, Texas 149 APPROVED AS TO FORM: _________________________________ Town Attorney, Town of Trophy Club, Texas 150 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding direction on McLain report, funding of additional costs, additional data, extending scope of services and additional action related to the report. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 151 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.8 Report by Town Manager Emmons regarding the Teague, Nall & Perkins drainage study on Over Hill Drive; discuss and take appropriate action regarding same. EXPLANATION: In July the Town Council authorized a drainage study for Timber Ridge and Overhill Drives. Teague Nall & Perkins was instructed to analyze the area and make suggestions for improvements if necessary. The improvements range from increasing the detention by altering the “Y” inlet in the drainage pond, to reconstructing the stormdrains to the creek. RECOMMENDATION: Work with the Country Club to make improvements to the “Y” inlet. ACTION BY COUNCIL: (bse) Attachments: 1. Timber Ridge Drainage Study 152 153 154 155 156 157 158 159 160 161 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.9 Discuss and take appropriate action regarding the Town's position on the consolidation of MUD 1 and MUD 2, including time frame and plan of action. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 162 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.10 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: List: 1. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Cates) 2. Town Manager Emmons to report on the sound barrier issues on the east side an TXDOT, and discussion of same. (Wilson) 3. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08) 4. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom – 4/21/08) 5. Discuss and take appropriate action real estate signs and their placement on Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”)(added at 8/18/08 Council Meeting) 6. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08) 7. Discuss and take appropriate action regarding policies and procedures for community wide surveys. (Wilson 11/10/08) 163 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session relative to the following: (1) Legal advice relative to employment services provided by the Town to the MUDs/Master District, the New Intergovernmental Contract for Employee Services (2008) between the Town and the Trophy Club Master District, and amendments thereto. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert of Minutes dated January 7 and March 3, 2008 2. Proposed ILA amendment dated November 13, 2008 3. Current ILA Agreement 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.E.2 Discuss and take appropriate action regarding employee services provided by the Town to the MUDs/Master District, the New Intergovernmental Contract for Employee Services (2008) between the Town and the Trophy Club Master District, and amendments thereto. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 180 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.F.1 Adjourn. (lmh)