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Agenda Packet TC 04/16/2007 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, April 16, 2007 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 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. A.5 Discuss and take appropriate action regarding a Proclamation declaring May 3rd, 2007 as Day of Prayer in Trophy Club. A.6 Discuss and take appropriate action regarding a Proclamation declaring May 6 - 12, 2007 as National Nurses' Week Celebration. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 19, 2007. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 5, 2007. B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the School Resource Officer Program for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. C.1 Public Hearing: To consider the Highlands at Trophy Club Development and Public Improvement District Petition. C.2 Public Hearing: To consider an Ordinance amending Chapter13, Zoning, Article VII, Development & Design Standards, Sections D, "Materials" and Section L, "Maintenance and Repair of Non-Living Material”. (ADM-07-027) 2 D.1 Discuss and take appropriate action regarding an Ordinance amending Chapter13, Zoning, Article VII, Development & Design Standards, Section D, "Materials" and Section L, "Maintenance and Repair of Non-Living Material". (ADM-07-027) D.2 Discuss and take appropriate action relative to a request for Meritorious Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and Institutional Signs" of Chapter 5, "General Land Use", for one additional Development Sign for Turnberry at Trophy Club subdivision, to be located at Lot 6, Block A. Applicant: First Graphic Services, Inc. D.3 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and Public Improvement District Petition. D.4 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and Public Improvement District Agreement. D.5 Discuss and take appropriate action relative to the interlocal agreement between the Town and the Trophy Club MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance and billing services and options available to the Town for providing water and wastewater services. D.6 Discuss and take appropriate action relative to an Ordinance repealing Chapter 3, Article XV of the Code of Ordinances, entitled "Swimming Pools" and adopting a new Article XV of Chapter 3 regulating swimming pools within the Town. D.7 Discuss and receive input regarding the impounding of uninsured vehicles and the adoption of either an ordinance or policy for impounding uninsured vehicles from the streets of Trophy Club. D.8 Discuss and take appropriate action to approve financials and variance report dated March 2007. D.9 Items for Future Agenda. D.10 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. a) Town Council report from EDC 4A Liaison, Council member Edstrom. b) Town Council report from EDC 4B Liaison, Council member Sterling. c) Town Manager's Report. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: 3 (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)). (1) Legal advice relative to The Highlands At Trophy Club Development and Public Improvement District Agreement. (2) Legal advice relative to the interlocal agreement between the Town and the Trophy Club MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance and billing services and options available to the Town for providing water and wastewater services. E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.A.2 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 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. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.A.5 Discuss and take appropriate action regarding a Proclamation declaring May 3rd, 2007 as Day of Prayer in Trophy Club. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Proclamation 9 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2007 MAY 3, 2007 AS DAY OF PRAYER IN TROPHY CLUB WHEREAS, In 1775, the Continental Congress first designated a National Day of Prayer, an action reaffirmed in 1952 when the United States Congress designated the first Thursday in May for its annual observance; and WHEREAS, The history of our nation is indelibly marked with the role that prayer has played in the lives of individuals and the nation; and WHEREAS, Prayer allows us an opportunity to reflect and to seek guidance, strength, comfort and inspiration from Almighty God; and WHEREAS, In these trying times, when the world is so unsettled and when so many brave military men and women from the State of Texas and the United States are far from home, making great sacrifices for those abroad and those here at home, prayer becomes all the more meaningful and important; and WHEREAS, “America, Unite in Prayer” is the theme for the 56th National Day of Prayer; and WHEREAS, it is fitting and proper for our citizens to gather together on this day to acknowledge our many blessings, express gratitude and recognize the continuing need for strong positive values to guide our communities, state and nation; NOW, THEREFORE, I Nick Sanders, in conjunction with the Town Council of the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club, hereby proclaim Thursday, May 3, 2007, as a DAY OF PRAYER in Trophy Club to coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 16th day of April, 2007. _____________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Town Secretary Town of Trophy Club, Texas 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.A.6 Discuss and take appropriate action regarding a Proclamation declaring May 6 -12, 2007 as National Nurses' Week Celebration. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Mayor Sanders) Attachments: 1. Letter from Baylor 2. Proclamation 11 12 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2007- MAY 6 – 12, 2007 AS NURSE APPRECIATION WEEK IN TROPHY CLUB A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 – 12, 2005 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL NURSE APPRECIATION WEEK. WHEREAS: National Nurse Appreciation Week is May 6-12, 2005; and WHEREAS, This year’s celebration theme is “Nurses: The Warmth of Caring, The Light of Care,” and WHEREAS, Nurses are truly giving and loving individuals who care for the sick and who contribute enormously to the well-being of others; and WHEREAS, Baylor Regional Medical Center at Grapevine honors their special nurses during this week. NOW, THEREFORE, I, MAYOR SCOTT SMITH, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: Section 1. The week of May 6 – 12, 2007 as Nurse Appreciation Week in the Town of Trophy Club to coincide with National Nurse Appreciation Week and encourage all citizens to support our nurses. Section 2. That this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 16th day of April, 2007. Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] 13 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 19, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated February 19, 2007 14 MINUTES OF PUBLIC HEARING/JOINT WORKSHOP BETWEEN TOWN COUNCIL AND EDC 4B AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 19, 2007 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Pre-Council Meeting/Public Hearing and Regular Session on Monday, February 19, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Susan Edstrom Council Member Philip Sterling Council Member Gregory Lamont Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Beth Ann Gregory Community Development Director Sakura Moten-Dedrick Finance Director Danny Thomas Fire Chief Adam Adams Parks and Recreation Director Scott Kniffen Police Chief James Hicks EDC 4B President Larry Crosser EDC 4B Member Damian Olthoff EDC 4B Member Glenn Strother EDC 4B Member Kirk Wilson Centurion Development Misty Ventura Hughes & Luce, LLP Jim Wiegert Carter and Burgess Lila Marsh Bond Counsel, Vinson & Elkins A.1 Mayor Sanders called the Regular Session to order at 6:05 p.m. noting a quorum was present. A.2 Work Session: Discuss and review items posted to the February 19, 2007 Agenda, including but limited to Item D.13. Town Manager Emmons introduced the first change to Schedule B of the public improvements, page 151. As of today an escalating estimate for the lot size has been added; the assessment will increase 1.5% annually. Kirk Wilson from Centurion Development added if the assessment is paid for up front the home owner is not subject to the escalation project. Lila Marsh, Bond Counsel, Vinson & Elkins confirmed those who pay over time will pay more in interests. Emmons added the May deadline referenced under section 4.2, Before the Town levies the Assessments, the Town shall enter into an agreement to secure water and wastewater capacity for development of the Property. The Town shall use its best efforts to 15 complete this agreement no later than May 2007, gives the Town more bargaining power in the developer’s agreement. Attorney representing Hughes and Luce, LLP, Misty Ventura, believes for the Town’s protection should levy the assessment as soon as possible. Town Manager Emmons asked Council if this was the direction they wanted to proceed with. Ms. Ventura ask if the Council was comfortable with the business deal explaining the document included in the packet is supposed to be the road map between the developer and the Town. The approval of this agreement adequately reflects and confirms this developer will not be exempt from the regulations and processes of other developers. Ventura said the Developer will not receive the money prior to the issuance of the bonds and respectfully asked the Council to provide feedback so that the agreement could come back at the next meeting. Mayor Sanders spoke to Article III, 3.3 and questioned the status of the agreement with the MUDs. A.3 Lake Cities Church of Christ, Pastor Joel Quile gave the Invocation. A.4 Mayor Sanders led the Pledges. A.5 Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 12, 2007 Election. Motion made by Edstrom, seconded by Lamont to approve. Council member Cates said although this is only a proclamation with no repercussions for violations, by proclaiming, it is an honor and a commitment. Council member Sterling moved to strike the sixth Whereas clause, Williams seconded. Amendment passed unanimously without any discussion. Main motion passed unanimously without further discussion. A.6 Citizen presentations. No citizens addressed Council. All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Mayor Sanders removed Items B.2 and B.3 from the Consent Agenda. Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1. Motion passed unanimously without any discussion B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 22, 2007. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29, 2006. (Public Hearing Session) 16 Mayor Sanders noted the item was posted with an incorrect date, should be 2007and will be brought back on the March 5th meeting. B.3 Consent Agenda: Discuss and take appropriate action relative to a request for Plat Amendment for Eagles Ridge, Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. Applicant: Eagles Ridge Investors Joint Venture (AP-07-015) Town Manager Emmons explained the plat amendment contains standard revisions to the Final Plat for Eagles Ridge, Phase II. Motion made by Edstrom, seconded by Sterling to approve. Motion passed unanimously without any discussion End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING C.1 Public Hearings on Reinvestment Zones: Public Hearing No. 1 to consider the designation of Reinvestment Zone No. 1 consisting of 9 contiguous parcels being 36.278 acres located generally and described as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas. Public Hearing No. 2 to consider the designation of Reinvestment Zone No. 2 being 2.106 acres of land located in the C. Medlin Survey, Abstract No. 823A, Tract 1A, in the Town of Trophy Club and more generally described as 300 Trophy Club Drive. Public Hearing No. 3 to consider the designation of Reinvestment Zone No. 3 consisting of 5 contiguous parcels being 20.165 acres located generally at the northeast corner of Trophy Lake Drive and Trophy Club Drive in Trophy Club, Texas and due west of Trophy Lake Dr., Trophy Club, Texas. Public Hearing No. 4 to consider the designation of Reinvestment Zone No. 4 consisting of 11 contiguous parcels being 16.3296 acres located generally north of 114 and dissected by Trophy Wood Dr., Trophy Club, Texas. Public Hearing Opened at 7:15 p.m. No one addressed council. Public Hearing Closed at 7:17 p.m. TOWN COUNCIL CONVENED INTO JOINT SESSION *JOINT SESSION D.1 EDC 4B call to order and announce a quorum. EDC 4B did not have a quorum and did not call to order. D.2 Discuss and provide input regarding the Buxton implementation plan. EDC 4B President, James Hicks said retail develop is not automatic, no one knows the right and willing retail to bring to the town and that is why help is needed. EDC 4B recommends the Buxton group and feels they have the right tools and knowledge to help Trophy Club’s economic development. 17 Mayor Sanders questioned the detailed implementation plan provided in the packet. Town Manager Emmons explained the plan provides a timeline of target dates for tasks should the study be approved. Emmons said the majority of the tasks will fall on Community Development Director, Beth Ann Gregory and some on both EDC and the Council. Board Director, Damian Olthoff arrived making a quorum. President Hicks called EDC 4B to order at 7:24 p.m. Mayor Pro Tem Williams asked which EDC members would be assisting staff and if the Board is still planning to work with current developers. President Hicks said he would poll all members and then assign commitments based on the results. Hicks said they would work with the current developers and any interested party. Council member Cates does not agree with proposing a budget amendment to fund the administrative duties and salary for staff’s association with this project. Mayor Sanders commented EDC is working on a more detailed budget for the upcoming year to alleviate the need for public hearings on expenditures. The Administrative cost would be would be part of the next fiscal budget. Council member Edstrom agreed with Cates and would consider hiring someone to focus their time dedicated on EDC, but would not support offsetting current administrative costs. Edstrom is still concerned about committing to spend $60,000 without seeing the implementation plan first. Sally Michalak, 17 Salida Drive – President of the NW Metroport Chamber spoke in favor. Dave Glaser, 15 Overhill Drive – Spoke in favor of the Buxton implementation plan. Neil Twomey, 203 Oakmont Drive – Spoke in favor of the Buxton implementation plan. Lana Churman, DBA Merle Norman Cosmetic Studio, 501 Trophy Lake Dive, 318 – Submitted a letter in favor of the Buxton Implementation Plan. Council member Cates hopes EDC 4B has spoke to the consultants about putting together more than just a cookie cutter solution. President Hicks assured the Council several of the EDC 4B members have addressed the need of customizing the plan for Trophy Club and suggested putting together a legal document detailing the specifics that we want. EDC 4B member, Larry Crosser agrees with putting together a legal document and said he has spoke with Joe Fackel of the Buxton Group about the specifics in the plan. EDC 4B member, Damian Olthoff added that he negotiated with Fackel for four sites. Council member Cates questioned how tax inclement financing works. Town Manager Emmons explained a TIF is a tool that local governments use to publicly finance needed structural improvements and enhanced infrastructure within a defined area. These improvements usually are undertaken to promote the viability of existing businesses and to attract new commercial enterprises to the area. This increased site value and investment creates more taxable property, which increases tax revenues. Council member Edstrom added that Keller Town Center is an example of a TIF. Edstrom asked Emmons to clarify the offset suggested. Town Manager Emmons’ understanding is that Council would like to create a separate Streets budget, moving from under Community Development. The Streets Supervisor position will be reclassified to a Director, reporting directly to the Town Manager, which will free up time for the Community Development Director to focus on economic development. 18 Both Council members Lamont and Sterling spoke in support. Sterling understands the reluctance from others as it is still somewhat vague; however he feels the Town needs to get the ball rolling. Mayor Pro Tem Williams said he is more supportive now than he was in the past; however he still has a concern about the implementation as it is the key. Williams said the success of this project is on the Community Development Director, the Town Manager and EDC 4B; in order to see results the plan has to be implemented. President Hicks and EDC 4B member, Larry Crosser said they are committed to seeing this project through successfully. Per the Council’s input, Mayor Sanders instructed the Town Manager to move forward with the Public Hearing. D.3 EDC 4B adjourn. Motion made by EDC 4B member, Larry Crosser, seconded by EDC 4B member Glenn Strother to adjourn. EDC 4B adjourned at 7:49 p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION Mayor Sanders requested Council move Item D.12, due the number of attorneys present. D.4 Discuss and take appropriate action to approve financials and variance report dated January 2007. Motion made by Edstrom, seconded by Williams to approve. Motion passed unanimously without any discussion. D.5 Discuss and take appropriate action regarding the following Ordinances designating Reinvestment Zones: (A) An Ordinance approving the designation of Reinvestment Zone No. 1 of the Town of Trophy Club, Texas consisting of 9 contiguous parcels being 36.278 acres located generally and described as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas. (B) An Ordinance approving the designation of Reinvestment Zone No. 2 of the Town of Trophy Club being 2.106 acres of land located in the C. Medlin Survey, Abstract No. 823A, Tract 1A, in the Town of Trophy Club and more generally described as 300 Trophy Club Drive, Trophy Club, Texas. (C) An Ordinance approving the designation of Reinvestment Zone No. 3 of the Town of Trophy Club consisting of 5 contiguous parcels being 20.165 acres located generally at the northeast corner of Trophy Lake Drive and Trophy Club Drive, Trophy Club, Texas and due west of Trophy Lake Drive, Trophy Club, Texas. (D) An Ordinance approving the designation of Reinvestment Zone No. 4 of the Town of Trophy Club consisting of 11 contiguous parcels being 16.3296 acres located generally north of 114 and dissected by Trophy Wood Drive, Trophy Club, Texas. Motion made by Williams, seconded by Lamont to approve in its entirety. 19 Motion passed unanimously without any discussion. D.6 Discuss and take appropriate action regarding the approval of Marshall Creek Park Grant. Motion made by Edstrom, seconded by Sterling to approve. Mayor Sanders verified the Town would incur the expenditures prior to being reimbursed which will be seen as expended under the line item in the budget. Council members Cates commented in the past the cost for Marshall Creek have been spread out among several departments and requested that the Town Council receive a summary of all the costs associated. Council member Lamont asked if the Texas Legislation and Parks and Wildlife Department have the ability to cancel the grant. Parks and Recreation Director, Adam Adams advised that this is a disclaimer and Town Attorney, Patricia Adams added that it could not be earmarked. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action to select a new name for Marshall Creek Park. Upon selection of the name by Council, a Resolution will be submitted for approval at a subsequent Council meeting. Motion made by Edstrom, seconded by Williams moving the new name for Marshall Creek Park as Trophy Club Park at Grapevine Lake. Council member Edstrom attended the P & R meeting where the members determined the top three names from seventeen submitted. Edstrom likes the tie into Grapevine Lake and believes the location should be distinct in the name. Both Council members Sterling and Lamont agreed. Council member Cates likes the name Freedom Park as it goes along with the names of the Town’s other parks. Parks and Recreation Board member, Steven Kohs said Trophy Club Park at Grapevine Lake is the best description of the park. Mayor Pro Tem Williams agreed and said it should be either Trophy Club Park at Grapevine Lake or Lake Grapevine. Williams amended the motion to Trophy Club Park at Lake Grapevine, Edstrom seconded. Amendment passed unanimously without any discussion. Motion passed unanimously without further discussion. D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", regulating Parks and Recreation Use Fees. Motion made by Edstrom, seconded by Cates to approve. Mayor Pro Tem Williams spoke to the citizens who said Roanoke did not charge fees, saying not only does Roanoke have fees but is considering raising them. Williams would like to further address fees in the budget process. Council member Lamont questioned if the policy addressed admitting two free guests. Parks and Recreation Director Adam Adams said the policy still exists and would be handled operationally, so inclusion is not necessary in the Ordinance. Council member Sterling feels it should read, “Sport field rentals are $20.00 an hour with a 2-hour minimum.” 20 Council member Cates feels there should be a charge for non-residents and asked what was being done to take away guest privileges. Council member Edstrom commented the Council cannot discuss this issue. Mayor Sanders confirmed the agenda is not posted to discuss non-resident fees. Motion passed unanimously without further discussion. D.9 Discuss and take appropriate action regarding an Ordinance annexing approximately 20.929 acres situated in the Mary Medlin Survey, Abstract Number 832, Denton County, Texas. The property to be annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall Creek Road adjacent to the northeast boundary. Motion made by Sterling, seconded by Edstrom to approve. Motion passed unanimously without any discussion. D.10 Discuss and receive input regarding an Ordinance regulating smoking at various places within the Town of Trophy Club. Mayor Sanders introduced the item advising that the Council was not going to debate the fine aspects of the Ordinance, but rather provide direction to staff. Council member Lamont is in favor of increasing the 20 foot parameter to 100 foot restrictions, designating a smoking section in the Parks for special events or making the event smoke free and prohibiting it at the pool. Lamont added that smoke free laws do not drive away business. Mayor Pro Tem Williams and Council members Cates and Edstrom agree that they should not be dictating these types of restrictions and are concerned the restrictions may potentially hurt the businesses. Council member Sterling is in favor of regulating smoking in public areas such as parks, but not in favor of restricting them to one area. Sterling feels establishing parameters is the better alternative. Paula Johndrow, 112 Lakeshore – Spoke in favor of smoking prohibitions. Hugh Shaw, 228 Fresh Meadow – Spoke in favor of smoking prohibitions. Connie Shaw, 228 Fresh Meadow – Spoke in favor of smoking prohibitions. L.C. Crowley, 410 Lakewood Drive - Spoke against smoking prohibitions. Council member Sterling suggested staff reference the City of Austin’s ordinance as it seems more concise and fewer loop holes. Mayor Pro Tem Williams hates to see staff invest time working on an ordinance that three members of Council are against and will not vote for. Bob Radder, 1 Lee Court - Spoke against smoking prohibitions. Mayor Sanders commented on the lack of support of the Governor’s bill to make the state smoke free, suggesting the Town adopt an ordinance similar to the State’s provisions. Sanders said the Council can regulate the ability to protect the health and safety of the residents, however, ventilation alone does not solve the problem. Sanders added the enforcement would be enforced under the health and safety code with the initial complaints investigated by the Code Enforcement Officer. 21 Motion made by Lamont, seconded by Sterling directing staff to move forward on the ordinance and bring back to a future meeting with more specifics. Motion to move forward failed 2:3; with Lamont and Sterling voting for, and Williams, Edstrom and Cates voting against. D.11 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Mayor Sanders said this Ordinance has been requested due to the consolidation of a large number of signs on a small area of commercial lots during the last election. Council member Sterling requested the 100’ be spell out. Mayor Pro Tem Williams requested other platted parcel be removed. Mayor Sanders read the changes as, A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8’) in height, as measured from the ground. A political sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate or issue on the election ballot shall be erected on any residential zoned parcel of land. The front and back surface of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall constitute a separate sign. For signs located on non-residential or unplatted property, the minimum distance between signs for each political candidate shall be one hundred feet (100’) and asked that it come back on the Consent Agenda. No action taken. D.12 Discuss and take appropriate action to award or reject a proposal for the Professional Collection Services for delinquent municipal court accounts. Gary Bogan from AMS was present for Council’s questions. Motion made by Cates, seconded by Lamont to approve. Town Manager Emmons said staff is looking at trying to improve collection rates in Municipal Court. The Town received four responses; AMS has 13 years experience, they are a local firm with good references and they collect mainly for public entities. Finance Director, Sakura Dedrick added that AMS also agreed to go back to 1999. Mr. Bogan said the success rate is around 25% - 40%. Motion passed unanimously without further discussion. D.13 Update Council and receive input regarding The Highlands at Trophy Club Development and Public Improvement District Agreement. Mayor Sanders suggested the developer add a number 1 to each of the second numbers under the square footage of residential lots in exhibit C. Town Attorney, Patricia Adams explained the options for Security for Cost Overrun. Jim Wiegert has revised the estimates several times and is comfortable with the contingencies. Wiegert clarified that 10% of the line item is for contingency for items that are not already built in. Mayor Sanders requested this detail be sent to the Council. Misty Ventura clarified the irrevocable letter under section 8.2 applies only to the water tower. 22 Mayor Sanders verified the Acquisition of Public Property, number 8 of Exhibit B, should be $3,490,000.00 not $3,690.000.00, however this correction does not change the bottom figure. Sanders confirmed the amount would only be available upon the completion of projects. Bond Counsel Lila Marsh does not have an issue from a conceptual point and said the large amount will be disbursed at closing rather than during the project. Council member Cates would like to have the typos in the numbers corrected and asked that the staff review the corrections prior to forwarding to Council. Kirk Wilson said the errors were not staff errors. Council member Lamont is concerned about the cost for the flowage easement. Mayor Sanders said the 1 million in contingency would cover this cost. Town Manager Emmons clarified that the drainage between the pool and school is listed as number 7, the parkland and some of the right of ways are covered under number 8. Emmons will forward a copy of the quantities provided by the engineering firm, which will spell out the projects and show where the specific contingencies are coming from. Council member Edstrom said she would not be supportive of 100% of money being paid out until the projects were 100% complete. Misty Ventura reassured those mechanics would be handled in the bond and that no one has an expectation of being paid until complete. Mayor Pro Tem Williams understands if the project’s estimated cost is 21.57 million and it costs 23 million, the developer will be responsible for the cost overruns. Misty Ventura explained the concept of hold back financing of the land and said the obligation is maintained regardless of the financing and the financing component falls on the developer which is covered in the sub-dividers agreement. Kirk Wilson believes the security proposed for cost over runs should be adequate. Wilson said there are more costs associated than what are listed on the project list and are considered as qualified items under the PID. Mayor Sanders added that the cost for the road currently being built is not a cost that could be memorialized in this agreement, but is being discussed with the county, the school district and Roanoke. Council is concerned about the connector road that the developer has committed funds for. Misty Ventura assured the Council the developer has committed fund for the connector road and will be accomplished as a collaborative private/public partnership. Mayor Sanders said Roanoke is motivated to solve the traffic issues as well. Council is comfortable with the method for cost overruns as discussed tonight. Town Manager Emmons said he is fairly comfortable with this type of methodology and with the direction received from Council. He will provide the revisions to Council with adequate time for review prior to approval. Town Attorney, Patricia Adams prefers a letter of credit; however believes this will allow some flexibility and latitude which would not be afforded in a letter of credit. D.14 Discuss and take appropriate action appointing a Town Council Water and Wastewater contracting subcommittee. Town Manager Emmons would like Council’s help establishing rates for the services to be contracted by the MUDs and suggested a sub-committee of two Council members. Council member Cates feels the Council members appointed to the sub-committee should represent both MUD1 and MUD2. 23 Mayor Sanders hopes the MUDs form a committee as he feels it is a good way to bring people together and working through issues. Mayor Pro Tem Williams and Council member Lamont volunteered to serve on the sub-committee. Motion made by Sterling, seconded by Edstrom appointing Williams and Lamont and requesting that they provide regular updates. Motion passed unanimously without further discussion. D.15 Items for Future Agenda. Council member Lamont suggested removing the March 5th date from the Ordinances impounding vehicles until the vehicle is properly insured and inspected and on any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. D.16 Reports. Town Manager Emmons gave his report. Council decided not to convene into Executive Session. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)). (1) Legal Advice relative to the Highlands at Trophy Club Development and Public Improvement District Agreement TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION F.1 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. F.2 Adjourn. Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 10:20 p.m. _____________________________________ _____________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 5, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated March 5, 2006 25 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 5, 2007 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, March 5, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Susan Edstrom Council Member Philip Sterling Council Member Gregory Lamont Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Sakura Moten-Dedrick Finance Director Lisa Ramsey Town Secretary Patricia Adams Town Attorney Beth Ann Gregory Community Development Director Adam Adams Parks and Recreation Director Scott Kniffen Police Chief Danny Thomas Fire Chief Mike Pastor IS Manager Kerin Fleck Planning Coordinator Kirk Wilson Centurion Development Misty Ventura Hughes & Luce, LLP Jim Wiegert Carter and Burgess Lila Marsh Bond Counsel, Vinson & Elkins A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Council member Sterling gave the Invocation. A.3 Council member Lamont led the Pledges. A.4 Citizen presentations: Steven Kohs, 18 Overhill Drive, Trophy Club – Commended staff for their support and help with the Patriot Guard Project. John Kammerer North Texas Ride Captain of the Patriot Guard Riders - 1410 Spring Meadow Drive, Allen –Thanked the staff and residents for their support and help with the Phoenix Project Escort on Saturday. Mayor Sanders thanked the citizens for their support. All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Mayor Sanders pulled Item B.3. 26 Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.1.and B.2. Motion passed unanimously without any discussion. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29, 2007. (Public Hearing Session) B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution changing the name of Marshall Creek Park. B.3 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Mayor Sanders indicated the words on the election ballot should have been included to the last sentence of the Ordinance amendment, and read the following as the amendment the Council would approve; “For signs located on non-residential or unplatted property, the minimum distance between single or multisided signs for each political candidate or issue on the election ballot shall be one hundred feet (100’).” Motion made by Cates, seconded by Edstrom to approve with the Mayor’s correction. Motion passed unanimously without any discussion. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING. PUBLIC HEARING C.1 Public Hearing: A request for Zone Change for an approximate 54.86 acre tract of land currently zoned MH - Manufactured Housing and an approximate 37.8 acre tract of land currently zoned R- 12 single family residential, (cumulatively 92.24 acres) to PD-28, Northwest High School No. 2, generally described as T. Calaway Survey, Abstract No. 272; T. Kelly Survey, Abstract No. 704, and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas Engineering, LLC., authorized agent of Northwest ISD. (ZCA-07-012) Public Hearing Opened at 7:11p.m. No one addressed council. Public Hearing Closed at 7:13 p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action relative to a request for Zone Change for an approximate 54.86 acre tract of land currently zoned MH - Manufactured Housing and an approximate 37.8 acre tract of land currently zoned R-12 single family residential, (cumulatively 92.24 acres) to PD- 28, Northwest High School No. 2, generally described as T. Calaway Survey, Abstract No. 272; T. Kelly Survey, Abstract No. 704, and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas Engineering, LLC., authorized agent of Northwest ISD. (ZCA-07-012) Applicant MJ Thomas was present. Motion made by Williams, seconded by Edstrom to approve. 27 Council member Lamont questioned the accessory structure. Mr. Thomas does not foresee the horse trail extending, however has included it just in case. Mayor Pro Tem Williams questioned the P & Z vote and asked the reason for the one vote against. P & Z Chairman Gene Hill said the Commissioner was not satisfied with the requirement when looking at this request as a land zone. Motion passed unanimously without further discussion. Mayor Sanders asked for objections to move up Item D.8. No objections noted. D.2 Discuss and take appropriate action amending Resolution 2006-24 by amending to appoint one citizen to one seat on EDC 4A for the remainder of the unexpired term expiring in 2007. Mayor Sanders announced only one applicant submitted for this vacancy and EDC 4A has recommended Richard Bell to fill the vacant position. EDC 4A Director Neil Twomey said EDC 4A interviewed Mr. Bell on February 26th and were impressed with his past community involvement. Motion made by Edstrom, seconded by Lamont to appoint Richard Bell to EDC 4A to the unexpired term expiring in 2007. Council member Edstrom requested staff send past EDC 4A Minutes to Mr. Bell. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding the acceptance of the 2005-06 fiscal year end Audit. Neil Twomey said on behalf of the Ways and Means Advisory Group, the staff has implemented the corrected action necessary to address the weaknesses identified by the audit committee. Motion made by Edstrom, seconded by Sterling to approve. Town Manager Emmons thanked Neil Twomey, the Ways and Means Advisory Group and staff for their hard work implementing the corrective actions. Emmons also acknowledged Council member Cates for recognizing some of the issues that were corrected. Emmons said the deficiencies in the travel and training policy would be addressed under Item D.9 and $2,500 parameters had been established on the journal entries with approximately 600 journal entries made a month. Mayor Sanders and Mayor Pro Tem Williams thought it was inappropriate that the Auditors were not present. Williams questioned the cost to implement all of the controls listed in the Auditor’s letter. Town Manager Emmons said in order to determine the cost, staff will need to look at their loss of productivity resulting from the newly implemented controls. Council member Cates felt the controls were basic and should not require that much more time. Cates is disappointed that these issues were included on the report as two years ago they were brought to previous Town management. Council member Edstrom hopes the items listed on the Auditor’s report are not repeated items next year. Edstrom requested Town Manager Emmons let the Council know if the controls become too much for staff. Mayor Sanders commented Item 4 was not on the Auditor’s report last year and perhaps they will tighten different aspects each continued year. 28 Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action to appoint council to council or other appointed official to perform periodic, internal audits of procedures as related to procurement policies, journal entries and the travel and training policies. Mayor Sanders explained for quite some time Council member Cates has been reviewing procurement cards and providing a report to Town Manager Emmons for areas to address with staff. Sanders has been included on the correspondence, but updates have not yet been provided to the Council. As some of the newly implemented controls affect staff’s time, the Ways and Means Advisory Group has volunteered to help monitor and would like to assist in this review. Motion made by Lamont seconded by Williams to appoint Council member Cates to continue in her periodic over-site and to provide updates to the Council. Council member Cates welcomes help and would like to continue to audit procurement cards on a monthly basis and spot check disbursements. Council member Edstrom is in favor of the review, providing the report identifies legitimate issues. Town Manager Emmons appreciates the over-site and asked that any issues identified be brought to him first so that he may address. Motion passed unanimously without further discussion. D.5 Discuss and provide input relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water. Town Manager Emmons explained the current swimming pool ordinance addresses clarity of water but does not provide a means for abatement which this amendment would allow for. If Council agrees with the language presented it will come back on the March 19th Consent Agenda. Council member Lamont asked if this was limited to pools. Town Manager Emmons clarified it covers the accumulation of water on any private property with the intent for pools, but does not apply to the storm sewer. Community Development Director, Beth Ann Gregory said owners who fail to comply with these provisions would be notified in writing and given a period to comply before action is taken. Mayor Pro Tem Williams and Council member Edstrom believe the Ordinance should be more specific to the needs identified by staff; if the need is for pools the Ordinance should include a definition of a pool. No action taken, item posted for input only. D.6 Discuss and take appropriate action regarding the expenditure of EDC 4A funds for lighting and scheduling software for park facilities. Town Manager Emmons said EDC 4A recommended approval at their February 26th meeting. Emmons explained the hardware and software package presented in the packet would allow staff to monitor and control the field’s electrical usage for Independence Park and allows reservation ability for other park facilities. Parks and Recreation Director, Adam Adams added one part is a remote system which can be controlled by a lap-top or a cell phone and the other is the scheduling software that would allow scheduling for all parks facilities. Motion made by Edstrom, seconded by Cates to approve. 29 Mayor Sanders noted the actual cost is $14,898.00 and asked what the recurring budget cost would be. Adams said $32.00 a month for lighting and $1,000 annually for Active Network with the first year waived. Adams estimated in the next three years the annual cost would be $3,000. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding Racial Profiling Report for 2006. Town Manager Emmons deferred to Police Chief, Scott Kniffen for the presentation. Police Chief Scott Kniffen began his presentation explained the Texas Legislature has directed that Texas Police Chiefs and Sheriffs collect statistics on citizen contacts and report the statistics to their local governments by March 1st of each year. Motion made by Lamont, seconded by Williams to approve the Racial Profiling Report for 2006. Williams amended his motion, correcting the total number of contacts as 2,043 with 29 juvenile contacts, the second agreed. Motion to approve as corrected passed unanimously without further discussion. D.8 Discuss and take appropriate action regarding The Highlands at Trophy Club Development and Public Improvement District Agreement. Town Manager Emmons spoke to the key benchmarks necessary to move forward. PD27 is scheduled to go before P & Z on March 15th and the Town Council on April 2nd; the total number of lots needs to be set in order to include in the PID agreement. The PID petition is also tentatively scheduled for April 2nd. Emmons would like to meet with the sub-committee prior to the Master District meeting on March 8th to discuss the refinements. Mayor Sanders asked Mr. Wilson if there had been any other discussions regarding the escalation of the assessment payment. Mr. Wilson said the level assessment would rise over time. Sanders is concerned about the Council’s deadline to approve based on the questions of ownership between MUD 1 and MUD 2. Town Attorney, Patricia Adams said she has enlisted outside counsel for help on this issue. Essentially the Town is not obligated or liable for the delays. Misty Ventura from Hughes and Luce, LLP, referenced section 4.2 and said as styled in the document, the water and waste water capacity does not obligate the Town until the contracts are finalized. Town Manager Emmons said the concept plan and parkland improvements were addressed at P & R meeting on February 27th and he felt the Board was pleased with the amendments. Some of the trails may need to be relocated; the trail system and the lay out of the sports fields will be addressed during the developer’s agreement. Emmons said the cost of the elevated water tank has increased and the Developer is still funding at 60%. Jim Wiegret explained the construction cost changed to 1.2M when re- evaluated and the contingency fund has been adjusted accordingly. Mayor Sanders said staff is researching a wireless network which would allow improved communications and when manufactured appropriately, water meters could also be added to the mesh network. Sanders appreciates the staff’s hard work with the agreement refinements and asked if Council would be approving the breakdown or just the bottom line total. Patricia Adams understands there to be cushion on each item. Misty Ventura added the expectation of a public improvement is static and will not change the cost of improvements; however the estimates will be refined. There are several control points that could change the line items, but the aggregated total would stay consistent. Sanders suggested that the word Estimate by clearly marked on Exhibit B. Mayor Pro Tem Williams asked the possibility of making the timelines as projected. Town Manager Emmons commented there is still a lot of work to do, but staff is doing their best to hit as projected. Staff 30 is also waiting on the due diligence report from MuniCap. Kirk Wilson asked if Council would consider, informally requesting Vinson and Elkins start the preparation of the bond documents, thinking this may help everyone see this piece and how it fits into the entire process. Misty Ventura explained that the Developer is looking for direction in order to move this process forward and does not have the expectations that it will come back to Council until some of the other benchmarks have been met. Council did not voice any concerns or questions on Exhibit B. Town Manager Emmons clarified that the money would go back in to acquire the debit should Council later decide to remove an item from Exhibit B. Bond Counsel Lila Marsh confirmed the improvements could be pre-paid. Mayor Sanders verified the agreement could be structured so that monies could be moved into the contingency fund and used for an item under the service and assessment plan and reminded the Council the levy defines of the benefit. D.9 Town Manager Emmons to update the Council and receive input on revisions to the Town's Personnel Policies, Chapter 108.00, Training and Travel. Town Manager Emmons said as a result of the Town’s Audit, staff has revised the current Travel & Training Policy. In an effort to avoid duplication and/or conflicting information, the Town intends to omit this reference section in the Procurement Card Policy. The proposed revisions includes: reference standards for dollar limits on amounts that will be reimbursed for various types of expenses, additional documentation requirement for reimbursement and an authorizations/approval process. Council member Cates likes the addition of GSA standards. Town Manager Emmons said the GSA rates are very generous and encourages supervisors and employees be responsible. No action taken, item posted as an update only. D.10 Items for Future Agenda. Mayors Sanders asked about the Ordinance removing uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected and the Ordinance impounding any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. Town Manager Emmons responded Chief Kniffen and Patricia Adams were working on these Ordinances. Council member Lamont questioned the status of the Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section 3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches. Council member Sterling said this item could be removed. Mayor Pro Tem Williams asked when Council would take action regarding the Buxton proposal. Town Manager Emmons responded EDC’s Public Hearing is scheduled for March 12th and the item will be on Council’s March 19th Agenda. Mayor Pro Tem Williams requested a report on receipt of Appointed and Elected Official Handbook acknowledgement forms on March 19th and would like to discuss what action could be taken on those who have not returned the form. Council member Edstrom asked about the Ordinance establishing the Town's Emergency Management System. Fire Chief Danny Thomas explained the Town has an active plan with County and staff is currently working on the revisions. D.11 Reports. EDC 4A liaison, Council member Edstrom gave her report. EDC 4B Liaison, Council member Sterling gave his report. Town Manager gave his report. E.1 Adjourn. Motion made by Edstrom, seconded by Williams to adjourn. 31 Meeting adjourned at 9:30 p.m. _________________________________________ ______________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 32 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the School Resource Officer Program for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. EXPLANATION: RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (SK) Attachments: 1. Resolution 33 TOWN OF TROPHY CLUB RESOLUTION 2007- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2007-2008 FISCAL YEAR; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the School Resource Officer Program be operated for the 2007-2008 fiscal year; and WHEREAS, The Town of Trophy Club agrees to provide applicable matching funds for the said project as required by the Safe and Drug Free Schools and Communities Act (SDFSC) grant application; and WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, The Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town Manager, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club approves submission of the grant application for the School Resource Officer Program to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 16th day of April, 2007. ___________________________________ Mayor Town of Trophy Club, Texas 34 ATTEST: _______________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _______________________________ Town Attorney Town of Trophy Club, Texas 35 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.C.1 Public Hearing: To consider the Highlands at Trophy Club Development and Public Improvement District Petition. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 36 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.C.2 Public Hearing: To consider an Ordinance amending Chapter13, Zoning, Article VII, Development & Design Standards, Sections D, "Materials" and Section L, "Maintenance and Repair of Non-Living Material”. (ADM-07-027) STAFF COMMENTS: The majority of the language added to Section L, “Maintenance and Repair of Non-Living Material” was not included in the most recently adopted Fence Ordinance No. 2005-16, but was in the 2002-42 Ordinance. The Code Enforcement Department has requested this criterion be added back to the Fence Ordinance to help with the enforcement of fence maintenance. With this addition, we will be able to address fences in need of repair such as those pictured below. Additional materials have also been added to Section D, “Materials”. The purpose for adding materials to the “prohibited materials” list is to prevent sharp objects from being affixed to the top of a fence in an effort to injure someone climbing a fence. This change was specifically requested by public safety personnel. Security fencing such as a chain link fence with the barbed wire top like that used at the waste water treatment plant would still be allowed by exception from the Zoning Board of Adjustments. At the February 1st, 2007 Planning and Zoning Commission Meeting, the Commission unanimously recommended approval of this amendment. Attached: 1. Images 2. Ordinance 37 Examples of fences in need of repair that this ordinance change would allow us to address. 38 39 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, ENTITLED ZONING, ARTICLE VII, ENTITLED DEVELOPMENT AND DESIGN STANDARDS, BY AMENDING SECTION D, ENTITLED MATERIALS, AND SECTION L, ENTITLED MAINTENANCE AND REPAIR ON NON- LIVING MATERIALS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT TO ARTICLE VII OF CHAPTER 13; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS the Town adopted Chapter 13, Article VII, Section D, entitled “Material” and Section L, entitled “Maintenance and Repair of Non-Living Material” establishing regulations governing the construction, regulation and permitting of Fences and Retaining Walls; and WHEREAS, the Town Council’s purpose for adding materials to the “prohibited materials” list is a matter of public safety, it was necessary to make certain changes to Section D and L of Article VII of Chapter 13 of the Code of Ordinances; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at a properly posted meeting, the Town Council now deems it necessary to adopt this Ordinance amending the Code of Ordinances of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENT 2.01 Article VII, entitled “Development and Design Standards” of Chapter 13 of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Section D entitled “Materials” and Section L entitled “Maintenance and Repair of Non-Living Material” read in their entirety as follows: D. Materials: 1. Acceptable Materials: 40 a. Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. b. Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with decorative facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be submitted for consideration to the Planning & Zoning Coordinator or their designee prior to fence permit approval. i. Prior to the approval of items listed in D(1)(b) above, detailed plans indicating the height, width, and design shall be submitted for review and approval. Additional information shall be provided to substantiate compliance if requested. 2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other materials shall be prohibited including but not limited to, broken glass, nails, screws or wire or any sharp object affixed to a fence in a manner that may cause injury to or prevent emergency personnel from climbing such fence in an emergency. Nails or screws used in a normal construction manner are not prohibited by this section. L. Maintenance and Repair of Non-Living Material All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. A. All screening materials, fences, walls, outdoor animal runs, and retaining walls shall be maintained in a neat and orderly manner and in sound condition and good repair at all times. 1. All fences, walls, screening materials and animal runs must be maintained in their original design and placement. 2. The maintenance and/or repair of any screening material, fence, wall or animal run shall be constructed of the same materials as the existing screening material, fence, wall or animal run. B. When a fence, wall, or outdoor animal run is declared by the Building Official or his designated representative to be dilapidated or hazardous, the Building Official, or his designated representative shall order the occupant, owner, or inhabitant of the property to remove or repair the screening material, fence, wall, or outdoor animal run to a sound condition. 1. Dilapidated shall include, but not be limited to, screening materials, fences, walls, or outdoor animal runs that have broken or missing planks or portions, or that are out of alignment by more than one foot (1’) of height measured at the posts. 2. Areas adjacent to screening areas, fences and walls shall be maintained in a clean manner, and shall be free and clear of all debris, trash and weeds, and other such materials or plants not a part of the screening or landscaping. 41 3. It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to remove or repair a fence, screening material or wall in accordance with this provision within ten (10) days of a written order issued under this section, unless otherwise approved by the Building Official or his designated representative. SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Materials and Maintenance and Repair on Non-Living Materials 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 or amended 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. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Materials and Maintenance and Repair on Non-Living Materials regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) and not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 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 42 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 16th day of April 2007. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas 43 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an Ordinance amending Chapter13, Zoning, Article VII, Development & Design Standards, Section D, "Materials" and Section L, "Maintenance and Repair of Non-Living Material". (ADM-07-027) RECOMMENDATION: The Planning & Zoning Commission voted unanimously at their February 1, 2007 meeting to recommend approval of this amendment to the Town Council. (sld) 44 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to a request for Meritorious Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and Institutional Signs" of Chapter 5, "General Land Use", for one additional Development Sign for Turnberry at Trophy Club subdivision, to be located at Lot 6, Block A. Applicant: First Graphic Services, Inc. STAFF COMMENTS: At their April 5, 2007, the Planning and Zoning Commission unanimously recommended approval of this request. Per the Town’s sign code, only one (1) development sign is permitted per project/premise. Sign Type Number Size Height Duration Zoning District Development 1 per project/premise 32 sq ft 5 ft 90% of all lots/houses sold All Districts The development already has one sign located at Lot 58, Block B. The applicant is requesting one additional sign to be located at Lot 6, Block A. (sld) Attachments: 1. Sign Permit Application 2. Sign Diagram 3. Location Map 45 46 47 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and Public Improvement District Petition. EXPLANATION: The Developer has indicated the estimated cost of the authorized improvements has changed and that they will be submitting a revised petition by the end of this week. The public notice will be published on April 20th, 2007. Depending on the cost, this item may be tabled until the May 7th meeting. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Petition received on March 16th, 2007 2. Notice of Public Hearing – Published on March 23rd, 2007 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and Public Improvement District Agreement. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None – The latest draft will be sent under separate cover. 73 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.5 Discuss and take appropriate action relative to the interlocal agreement between the Town and the Trophy Club MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance and billing services and options available to the Town for providing water and wastewater services. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None - The latest draft will be sent under separate cover. 74 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.6 Discuss and take appropriate action relative to an Ordinance repealing Chapter 3, Article XV of the Code of Ordinances, entitled "Swimming Pools" and adopting a new Article XV of Chapter 3 regulating swimming pools within the Town. EXPLANATION: To provide for easier review, the changes from the ordinance currently in place are highlighted in yellow and the changes made since the last meeting are shown with red type. These changes will allow code enforcement to abate stagnant water in swimming pools designed to contain 24” or more of water. This will prevent its application to kiddie pools, but enable the abatement of stagnant water in the larger pools regardless of the depth of the water at the time of violation. (bg) Attachments: 1. Ordinance 75 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY REPEALING ARTICLE XV, ENTITLED “SWIMMING POOLS” OF CHAPTER 3 OF THE CODE OF ORDINANCES, ENTITLED “BUILDINGS AND CONSTRUCTION”, AND ADOPTING A NEW ARTICLE XV, ENTITLED “SWIMMING POOLS” OF CHAPTER 3 OF THE CODE OF ORDINANCES; PROVIDING “DEFINITIONS”; PROVIDING APPLICABILITY AND PROHIBITED CONDUCT; PROVIDING NEW PROVISIONS FOR SWIMMING POOLS; ADOPTING PROVISIONS TO PROVIDE FOR NOTICE OF VIOLATION; BY ADOPTING PROVISIONS TO PROVIDE FOR ABATEMENT; PROVIDING FOR THE INCORPORATION OF PREMISES; BY PROVIDING AN APPEALS SECTION; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on June 20, 2005, the Town Council adopted Ordinance No.2005-15, establishing “Swimming Pool Regulations” for the Town of Trophy Club, Texas; and WHEREAS, Town staff has recommended an update to Ordinance No. 2005-15 which is codified in Article XV entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances entitled “Buildings and Construction” in order to be consistent with current law and standards regulating swimming pools and in order to protect the health, safety, and welfare of the citizens of the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the need for proper construction and maintenance of swimming pools and the need to protect citizens and other members of the public from the dangers inherent in the use of swimming pools within the Town; and WHEREAS, the Town Council has determined it appropriate to repeal the existing Article XV of Chapter 3 and adopt a new Article XV that incorporates the changes recommended by staff to enhance enforcement; and WHEREAS, the Town Council hereby finds that the regulations established herein are in the best interest of the health, safety and general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENT 76 2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Sections 15.01 through 15.08 read as follows: Article XV Swimming Pools Section 15.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them: Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if partly above and partly below-ground, the top of the receptacle basin is at least twenty-four inches (24”) above ground. In-Ground Swimming Pool: A structure intended for swimming or recreational bathing that contains water over twenty-four inches (24”) deep and has a capacity of over seven hundred (700) gallons that is dug into the ground. Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or receptacle set aside primarily for use by children with a depth no greater than twenty-four inches (24”). Non-Maintained: The failure to keep water clean, bacteria and insect free by chemical or mechanical means. Permitting Department: The Permitting Division of the Community Development Department of the Town of Trophy Club, Texas. Person: An individual, firm, corporation, partnership, sole proprietorship or any other entity recognized in law. Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs and Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a health-care facility, designed for immersion of users and usually having a filter, heater, and motor-driven blower. The spa is intended for recreational bathing and contains water over twenty-four inches (24”) deep. Stagnant: Standing or non-flowing water. Swimming Pool: Any structure intended for swimming or recreational bathing that is designed to contain water over twenty-four inches (24”) deep and has a capacity of over seven-hundred (700) gallons. This includes inground, aboveground and on-ground swimming pools. As used in this Article the term is limited to pools which are fitted with a filter for clarifying pool water, or which are designed to be fitted with a filter, whether installed or not. The term shall not include facilities located inside a residence, storable pools designed for seasonal setup and use which are stored at the end of the swimming season, or spas installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in place at all times when the spa is not in use. Unsanitary: Not free from elements, such as filth or pathogens that endanger health and hygiene. Section 15.02 Applicability and Prohibited Conduct A. This Article shall be applicable to all new swimming pools and spas hereafter constructed, erected, or maintained, and shall apply to all existing pools and spas which have a depth greater than twenty four inches (24”) of water at any point, except as specifically prohibited in Subsection F. It shall be unlawful for any person to violate any provision of this Article. B. No person shall construct, erect, or maintain an aboveground pool. 77 C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or licensee, upon which is situated a swimming pool having a depth greater than twenty-four inches (24”) or more of water at any point, shall fail to provide and maintain such fence or wall as herein provided. D. Any and all unfenced swimming pools existing at the time this Article is passed shall have ninety (90) days to comply with the terms and requirements herein stated, from the effective date of this Article. E. Except as specifically provided herein, it shall be unlawful of any person, corporation, partnership or other legal entity to construct, have constructed, or maintain any type of swimming pool without having first procured a permit for the construction of same from the Permitting Department. F. It shall be unlawful for any Person owning, leasing, claiming, occupying or having supervision or control of any swimming pool, regardless of the depth of water it contains, within the corporate limits of the Town, to permit or allow swimming pool water to harbor or be a breeding ground for mosquitoes, flies, or other pests or which causes a foul odor or adversely impacts the public health and safety by any means. Section 15.03 Exceptions A. Kiddie Pools or Wading Pools are exempt from the provisions of this Article except as specifically provided herein. B. Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a capacity of not more than fifteen hundred (1,500) gallons shall be allowed above ground. C. In lieu of the fence requirement in Section 15.04, rigid lock-down covers may be allowed for hot tubs, whirlpool baths and tubs, Jacuzzi-type baths and tubs, and spas, provided that prior approval is given through the fence permit application process and further provided that the cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub, and/or spa is not in use. Section 15.04 Swimming Pools A. Swimming Pool Permit Application The following information shall be required for each swimming pool permit application: 1. Applicant’s name and address. 2. If person represents a corporation, partnership or other legal entity, the address of the president or registered agent of the entity. 3. Name of the foreman or contractor in charge of construction. 4. Name of the owner of the property. 5. Address of the location where swimming pool is to be constructed. 6. Size of swimming pool. 7. Approximate value. 8. Two (2) site plans showing the location of swimming pool in relation to the property lines with the distance indicated from the pool to any structures and to the property boundaries. All measurements shall be from the pool structure itself and not from the water’s edge and also show property setback lines, drainage plan, location of any and all drainage and/or public utility easements, and the location of required and/or existing fence. a. Fence permit, if applicable. B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance of a permit and the commencement of construction of a swimming pool. 78 C. Fence Requirements 1. Permanent Fence Before a swimming pool, hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub, and/or spa is filled with water, a permanent fence shall be erected surrounding the pool, which shall conform to the International Building Code, as adopted and amended by the Town. a. The Pool Contractor or other person constructing a pool is responsible for the construction of a permanent fence that complies with this Article and all other applicable regulations. The property owner is responsible for the maintenance of a permanent fence that complies with this Article and all other applicable regulations. b. It shall be unlawful to maintain any swimming pool, hot tub, whirlpool bath and tub, Jacuzzi- type bath and tub, and/or spa in the corporate limits of Trophy Club, which is not fenced in accordance with the requirements of this section and all other applicable Codes. 2. Temporary Fence Prior to commencement of and during the construction of a swimming pool, a temporary fence shall be erected and maintained around the swimming pool construction site, which shall limit access to the construction site at all times except when construction is actually in progress. The top of the temporary fence shall be at least four feet (4’) in height. The wall of a dwelling may serve as part of the fence. a. All inspections will be canceled if a temporary fence is not installed on the job site and a re- inspection fee will be assessed in an amount set by the Town’s Schedule of Fees. Continued failure to enclose the site with a temporary fence may result in a citation being issued to pool contractor. D. Form Survey Required A form survey shall be submitted and approved by the Building Inspector prior to calling for the first inspection. E. Certificate of Completion Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the following inspections: 1. Belly steel and ground steel 2. Deck steel and ground 3. Gas line inspection (if applicable) and P-Trap/Backwash inspection. a. Before the backwash, P-Trap & gas line are covered in any way, those items shall be inspected and approved. All pools shall have a p-trap and backwash line connected to the sanitary sewer. 4. Drainage Survey The pool final inspection will not be approved if the Inspector determines that the grading and drainage of the lot is not in compliance with the approved drainage plans for the subdivision. If the inspector cannot determine the lot water flow, an engineered survey shall be required. 5. Final inspection, including the fencing. a. At the final inspection, all local requirements, state requirements and Town-approved building codes must be met. F. Lighting 79 All lighting of a swimming pool shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent or contiguous properties. G. Licensed Contractor All electrical and plumbing work shall be performed by licensed contractors in accordance with the requirements of the Town-approved Building Code, as amended, and all other applicable codes or regulations. H. Location All swimming pools, to include but not limited to kiddie and wading pools, shall be located within the rear yard and shall not encroach upon any identified easement. I. Draining of Swimming Pools On any new swimming pool permitted on or after June 24, 2005, all backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by means of an air break discharging into a tail piece installed a minimum of 6” or 152 mm above adjacent grade. The tailpiece shall be connected to a minimum 3” or 76 mm p-trap not less than 12” (304 mm) below grade which discharges into the yard cleanout riser. 1. Owners of existing pools (pools built or permitted prior to July 1, 2005) are not required by this Article to retrofit the pool equipment and tie into the sanitary sewer. J. Screening All swimming pool equipment shall be screened from the view of the public and from the view of adjacent private properties. K. Clarity of Water 1. The water in all private swimming pools within the Town shall be of sufficient clarity such that the bottom of the swimming pool is visible to the naked eye. In order to help achieve this objective, each swimming pool shall have a minimum free residual chlorine of one (1) part per million. 2. In addition, it shall be unlawful for swimming pool water to have an acid reaction to a standard pH test. 3. All pools shall be treated, altered or maintained so as to prevent the development of Unsanitary condition. 4. Pools under construction or which are no longer being operated shall be maintained in a manner so as to prevent the development of Unsanitary conditions, potential injury, or possible drowning. 5. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There shall be no direct physical connection between the sewer system and any drain from the swimming pool or circulation system. 6. Alternative equivalent methods of wastewater disposal may be approved by the Director of Community Development if the Director finds that the alternative method of disposal proposed would not create a public health hazard or public nuisance or violate any ordinance, state or federal law, rule or regulation. Wastewater disposal which creates a public health hazard or public nuisance is prohibited. L. Equipment No pool equipment shall be placed within required or established front yard or within any identified easement. Equipment necessary for or related to the operation of the pool shall not be affixed to any required perimeter fence or common fences between property owners. 80 Section 15.05 Notice of Violation A. In the event that any Person owning, claiming, occupying or having supervision or control of any swimming pool within the corporate limits of the Town fails to comply with the provisions of this Article, the Town shall give at least ten (10) days notice in writing to such person identifying the provision of the Article violated and notifying the Person of the ten (10) day period for remediation of the violation. Such notice shall be given: 1. Personally to the owner in writing; or 2. By letter addressed to the owner at the owner’s post office address or to the owner’s address shown on the last approved tax rolls of the Town; or 3. If personal service cannot be obtained or the owner’s post office address is unknown; a. By publication at least twice within ten (10) consecutive days; or b. By posting the notice on or near the front door of each building to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. B. If the owner of property fails or refuses to comply with the provisions of this Article within ten (10) days of notice of a violation, the Town may go upon such property and do so or cause to be done the work necessary to obtain compliance with this Article, and may pay for the work done or improvements made and charge the expenses incurred in doing or having same done to the owner of such property. C. The charges provided for in this Article shall be levied, assessed and collected by the Town of Trophy Club, Texas. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the first day of the month following the one in which the work was done, the Mayor or his designee shall file or cause to be filed with the county clerk of Denton County, a statement by the Town Secretary setting out the expenses that the Town has incurred pursuant to the provisions of this Article, and the Mayor or his designee shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements to secure the expense incurred; together with ten percent (10%) interest from the date such payment was due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the Town of Trophy Club, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. Section 15.06. Abatement A. The Town may abate without notice the following: a. Any violation of the fencing requirements of this Article that adversely impacts the public health and safety by any means by posing an immediate threat or hazard. d. Unsanitary swimming pool water that adversely impacts the public health and safety by any means by posing an immediate threat or hazard. B. Not later than the tenth (10th) day after the date the Town abates the unsanitary swimming pool water under this section, the Town shall give notice to the property owner in the manner required by Section 15.05(A). C. The notice shall contain: a. An identification, which is not required to be a legal description, of the property. b. A description of the violations of this Article that occurred on the property. c. A statement that the Town abated the unsanitary swimming pool water; and d. An explanation of the property owner’s right to request an administrative hearing about the Town’s abatement. E. The Town Manager or the Manager’s designee shall conduct an administrative hearing on the abatement under this section if, not later than the thirtieth (30th) day after the date of the abatement, the property owner files with the Town a written request for a hearing. 81 F. An administrative hearing conducted under this section shall be conducted not later than the twentieth (20th) day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the Town’s abatement. G. The Town may assess expenses and create liens under this section as it assesses expenses and creates liens under other provisions of this Article. H. The authority of the Town described by this section is in addition to the authority granted by Sections 15.05 and 15.08. Section 15.07 Appeals Any person aggrieved by the terms of this Article or the interpretation, application, or enforcement of this Article other than Section 15.06 by the Building Official shall have the right to appeal any action of the Building Official taken pursuant to this Article. Any such appeal shall be brought, by written application, filed by an interested party, to the Director of Community Development within ten (10) days following the action of the Building Official, which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal, except that such appeal does not stay the owner or applicant’s requirement to comply with temporary fencing regulations specified herein or as specified by other applicable laws, during the appeal period. In hearing such appeals, the Building Board of Appeals shall review the determination of the Building Official and, in so doing, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstance or surroundings, constitute a practical difficulty or unnecessary hardship. The decision of the Building Board of Appeals shall be final. Section 15.08 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance No. 1995-12 is hereby repealed in their entirety respectively. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 1995-12, on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting swimming pool regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 82 Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 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 the ordinance records of the Town and as required by Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the _____ day of _______ 2007. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas 83 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.7 Discuss and receive input regarding the impounding of uninsured vehicles and the adoption of either an ordinance or policy for impounding uninsured vehicles from the streets of Trophy Club. EXPLANATION: Included for your consideration is a memo from Chief Kniffen summarizing the towing policies currently utilized by Haltom City, Nocona, Jacksonville and Plano. The memo also outlines the impact of a towing policy on Police Department operations. Additionally, ordinances from Tyler and Gladewater are included for your review. Based upon our research, most cities addressed this issue via a police department policy. Rockwall’s policy and resolution were received on April 10 after the preparation of this agenda item; however, they are attached for your reference. The Rockwall Resolution authorizes the police department to have a policy for the towing of uninsured motor vehicles. The Tyler ordinance authorizes the police department to adopt a city-wide policy for towing where the driver either fails to maintain or cannot present proof of financial responsibility. The Gladewater ordinance actually adopts a policy. The policy requires the officer to give a warning if he cannot determine that a previous conviction exists for driving without insurance or if a a previous warning for driving without insurance has been issued. The warning is to notify the driver that future operation of the car without financial responsibility will result in impoundment of the car. However, if the officer determines that the driver has previously been convicted of operation a vehicle without financial responsibility or received prior warnings, the officer has the discretion to impound the vehicle. The policy also mandates the towing of vehicles involved in accidents when an officer determines that one or more of the vehicles involved in the accident was operated without financial responsibility. The Gladewater ordinance requires the officer to take reasonable steps to provide for the safety of the driver and occupants, including transporting the driver and occupants to a safe place or calling a friend or relative. RECOMMENDATION: 84 ACTION BY COUNCIL: Staff requests direction on development of either an ordinance or a departmental policy on the towing of uninsured vehicles. (sk) Attachments: 1. Information Memorandum 2. Sample Policies 3. Sample Ordinances 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.8 Discuss and take appropriate action to approve financials and variance report dated March 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 114 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.9 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Items for Future Agendas: 1. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. 2. Review of the Property Maintenance Ordinance. 3. Discussion about storm water discharge from pools. 4. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. 5. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System 6. Research grant possibilities regarding phase two street calming/sidewalks. 7. Discuss and take appropriate regarding using the Trophy Club Times as the Town’s newsletter. 115 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.D.10 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. a) Town Council report from EDC 4A Liaison, Council member Edstrom. b) Town Council report from EDC 4B Liaison, Council member Sterling. c) Town Manager's Report. Attachments: 1. None 116 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)). (1) Legal advice relative to The Highlands At Trophy Club Development and Public Improvement District Agreement. (2) Legal advice relative to the interlocal agreement between the Town and the Trophy Club MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance and billing services and options available to the Town for providing water and wastewater services. 117 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 118 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-16-2007 Subject: Agenda Item No.F.1 Adjourn.