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"
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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112
113
114
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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_____________________________
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
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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)
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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)
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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)
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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
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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
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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
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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.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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.
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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.
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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
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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
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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
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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
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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)
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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
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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
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-1-2008
Subject: Agenda Item No.F.1
Adjourn.
(lmh)