Agenda Packet TC 03/05/2007 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 5, 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.
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.
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)
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,
2
Abstract No. 704, and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas
Engineering, LLC., authorized agent of Northwest ISD. (ZCA-07-012)
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.
D.3 Discuss and take appropriate action regarding the acceptance of the 2005-06
fiscal year end Audit.
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.
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.
D.6 Discuss and take appropriate action regarding the expenditure of EDC 4A funds
for lighting and scheduling software for park facilities.
D.7 Discuss and take appropriate action regarding Racial Profiling Report for 2006.
D.8 Discuss and take appropriate action regarding The Highlands At Trophy Club
Development and Public Improvement District Agreement.
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.
D.10 Items for Future Agenda.
D.11 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 Adjourn.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.A.2
Invocation.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
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."
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
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.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 29, 2007.(Public Hearing Session)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Minutes Dated January 29, 2006
8
MINUTES OF SPECIAL SESSION/PUBLIC HEARING TOWN
COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 29, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session/Public Hearing on
Monday, January 29, 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
A.1 Mayor Sanders called the Special Session to order at 7:09 p.m. noting a quorum was present.
A.2 Mayor Sanders gave the Invocation.
A.3 Mayor Pro Tem Williams led the Pledges.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
Public Hearing Opened at 7:11 p.m.
B.1 Public Hearing: Hold the first public hearing to consider the involuntary annexation and service
plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. 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.
Town Manager Emmons explained although this is actually the second Public Hearing, it is posted as the
first in order to satisfy the statute notification requirements to each public entity; the schools, county and
MUDs. Emmons feels the staff has covered all bases by having one more public hearing than was
needed.
Mayor Sanders confirmed the notices went out certified but not return receipt.
Town Attorney, Patricia Adams confirmed staff did everything over and above what was required by law.
No one addressed council.
9
B.2 Public Hearing: Hold the second public hearing to consider the involuntary annexation and
service plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. 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.
No one addressed council.
C.1 Adjourn.
Motion made by Edstrom, seconded by Lamont to adjourn.
Meeting adjourned at 7:15 p.m.
_____________________________________ ____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action regarding a
Resolution changing the name of Marshall Creek Park.
EXPLANATION:
Council passed a motion at their February 19, 2007 meeting to rename Marshall Creek
Park to Trophy Club Park at Lake Grapevine. This Resolution reflects that change.
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. Resolution
11
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2007-
A RESOLUTION OF THE TOWN COUNCIL OF THE OF
THE TOWN OF TROPHY CLUB, TEXAS APPROVING
RENAMING MARSHALL CREEK PARK TO TROPHY
CLUB PARK AT LAKE GRAPEVINE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS; the Town Council of the Town of Trophy Club, Texas,
adopted Resolution 2002-24 establishing procedures and guidelines for
naming and renaming municipal parks, parts or areas within parks and
recreation facilities on August 19th, 2002; and
WHEREAS, the Park and Recreation Board, as appropriate, was
responsible for research, study and recommendation of a proposed name
change to the Town Council; and
WHEREAS, the Town Council recognizes the procedure for
renaming the Park or facility will be the same as procedures for originally
naming parks, parts or areas within a park or recreation facility; and
WHEREAS, the Parks and Recreation Board submitted the three
top names to the Town Council for its consideration and approval in order
to rename the park currently designated as Marshall Creek Park.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. According to guidelines, by outstanding and/or
predominate physical characteristics of the land, the Town Council
chooses to rename Marshall Creek Park to Trophy Club Park at Lake
Grapevine.
Section 2. The Town Council authorizes the Town Manager or
his designee to take the necessary action publicizing the name change.
Section 3. This Resolution shall take effect from and after the
date of passage.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas on this the 5th day of March 2007.
12
_____________________________________
Nick Sanders
Mayor, Town of Trophy Club, Texas
ATTEST:
_______________________________________
Town Secretary,
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
_________________________________________
Town Attorney,
Town of Trophy Club, Texas
13
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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.
EXPLANATION:
The following is the excerpt from 2/19/07 Minutes:
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 item is before Council due to the concern from the last election,
where a large number of signs were consolidated on a small area of commercial lots.
Sanders referenced page 110 of the packet and clarified the hi-lighted would be deleted
and the underlined added.
Council member Sterling requested the 100’ be spell out. Mayor Pro Tem Williams
requested other platted parcel be removed. Mayor Sanders agreed as it is confusing.
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.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr/bg/paa)
Attachments: 1. Ordinance
14
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, ENTITLED “GENERAL LAND USE”,
ARTICLE IV, ENTITLED “SIGN REGULATIONS”, BY
AMENDING SECTION “SECTION 4.05(B)(2)”
“TEMPORARY SIGNS;” PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
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; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and
provided for the adoption of a new schedule of fees for the Town of Trophy Club
(hereinafter referred to as “Town”); and
WHEREAS, the Town Council has determined that revising the Number, Size
and Placement for political signs located on non-residential or unplatted property would
be a benefit to the Town by promoting an aesthetically refined community for the
citizens of Trophy Club and by protecting the integrity and character of neighborhoods;
and
WHEREAS, the Town Council hereby finds that the amendment of Section
4.05(B)(2) of Article IV, Chapter 5, of the Code of Ordinances as further specified herein
serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use”
of the Code of Ordinances of the Town is hereby amended to revise Section 4.05(B)(2),
entitled “Temporary Signs ” so that 4.05(B)(2) is hereby revised as follows:
15
2. Number, Size and Placement:
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’).
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Sign Regulations and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are
in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town
of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
16
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 5th day of March, 2007.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
17
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, ENTITLED “GENERAL LAND USE”,
ARTICLE IV, ENTITLED “SIGN REGULATIONS”, BY
AMENDING SECTION “SECTION 4.05(B)(2)”
“TEMPORARY SIGNS;” PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
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; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and
provided for the adoption of a new schedule of fees for the Town of Trophy Club
(hereinafter referred to as “Town”); and
WHEREAS, the Town Council has determined that revising the Number, Size
and Placement for political signs located on non-residential or unplatted property would
be a benefit to the Town by promoting an aesthetically refined community for the
citizens of Trophy Club and by protecting the integrity and character of neighborhoods;
and
WHEREAS, the Town Council hereby finds that the amendment of Section
4.05(B)(2) of Article IV, Chapter 5, of the Code of Ordinances as further specified herein
serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use”
of the Code of Ordinances of the Town is hereby amended to revise Section 4.05(B)(2),
entitled “Temporary Signs ” so that 4.05(B)(2) is hereby revised as follows:
18
2. Number, Size and Placement:
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 residentially 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 purposes of size
requirements. Signs with three or more surfaces are prohibited on
residentially zoned parcels of land. 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’).
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Sign Regulations and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
19
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 5th day of March, 2007.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
20
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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)
STAFF COMMENTS:
(kcf)
21
PLANNING & ZONING COMMISSION REPORT
TO: TOWN COUNCIL
FROM: TOWN STAFF
MEETING DATE: 5 MARCH 2007
SUBJECT: ZONE CHANGE – NORTHWEST INDEPENDENT
SCHOOL DISTRICT, HIGH SCHOOL NO. 2
PURPOSE: Hold a public hearing and consider making a recommendation to the
Town Council regarding a request to change the zoning on approximately 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, 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/DEVELOPER INFORMATION:
Applicant: MJ Thomas Engineering, LLC
4150 International Plaza, Suite 600
Fort Worth, Texas 76109
Owner: Northwest Independent School District
PO Box 77070
Fort Worth, Texas 76177
EXISTING CONDITION OF THE PROPERTY: The property consists of
approximately 92.7 acres and is currently vacant, undeveloped land, of which three
sides border the Town’s City Limit. The property is under single ownership.
ADJACENT ZONING/EXISTING LAND USES:
North: Outside City Limits (ETJ) / Vacant, undeveloped land (Army Corps
of Engineers property)
South: Marshall Creek Road (East) / Medlin Middle School; Parkview Drive
and PD-27, The Highland at Trophy Club.
East: Outside City Limits (ETJ) / Vacant, undeveloped land (Army Corps
of Engineers property); PD-27, The Highlands at Trophy Club
West: Outside City Limits (Marshall Creek)
22
PLANNING & ZONING COMMISSION ACTION: The Commission voted 4-1 to
recommend approval of the request to rezone; two Commissioners were absent.
CASE ANALYSIS:
Northwest Independent School District is seeking to develop an approximate 97.2 acre
tract of land for the location of the District’s second high school. When the district
initially met with the Planning Department, a change in zoning from MH and R-12 to NS
was originally proposed. However, upon further discussion of the high school’s
operating needs, staff recommended the site be rezoned to PD. All regulations not
specifically addressed in PD-28 will fall under the Town’s currently adopted codes.
Proposed PD-28 consists of several uses specific to a high school site.
Athletic Fields, Stadium, Auditorium, Gyms Bldg for auxiliary uses on HS site
Children’s Day Care Center & Kindergarten Equestrian facilities
Park, Playground, Play lots, Related Facilities Private Stable
Public Safety Facilities Recreational
School Social, Recreational, Assembly Buildings
Storage (auxiliary uses for HS site) Swimming Pool
Tennis, Handball, Racquet Ball Clubs Utility Facilities, Garage, Storage
Limitation of Uses: The site will host sporting events related to the school’s athletics’
department. They have requested a temporary use provision permitting such uses to
be a minimum of 100 feet from residentially zoned districts, which would include sports
events. Accessory structures such as storage building for equipment shall not exceed
fifteen feet (15’).
Area Building and Site Regulations: The classroom area of the school will be three
stories in height, approximately 50’. The auditorium will be approximately 60’ with a 75’
fly loft. The applicant is asking for a height not to exceed 85’ because the plans have
not been finalized at this date.
Lighting requirements and a photometric plan will be submitted with the Final Site Plan.
The applicant is proposing chain link fencing around the athletic fields. Other fencing
requirements for the site would fall under the Town’s fence code. All trash receptacles
must be screened with masonry and have a wrought iron gate. Signage requirements
and an overall sign plan will be submitted with the Final Site Plan. The applicant has
proposed hours of operation during the school year will be 7am to 11pm, the summer
session hours will be 7am to 6pm. However staff feels the summer session hours may
need to be extended in the evening for sports play. The screening for electrical and
mechanical equipment is consistent with screening in many of the Town’s PD districts.
Additional Development Standards -
Landscaping: The landscaping requirements are generally consistent with the Town’s
regulations. The applicant is proposing planter islands every 24 spaces instead of the
23
Town’s 12 space requirement. The proposed dimensions of the interior planter island is
9’ by 18’, opposed to the Town’s current 10’ by 20’. Perimeter landscape areas are
proposed to have trees installed every 50’, differing from the Town’s 30’ requirement.
The remainder of the requirements in proposed PD-28 are standard PD provisions. The
district is presently seeking to rezone the property from MH and R-12 to a PD. When
more details of the project are decided upon, the PD will be amended with additional
criteria (i.e. lighting and signage) and the Final Site Plan will be submitted for review
and action by the Planning & Zoning Commission and Town Council.
Location of Request:
24
25
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-__P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE
TOWN OF TROPHY CLUB, AND AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN
TRACT OF LAND DESCRIBED AS AN APPROXIMATE 54.86 ACRE
TRACT OF LAND CURRENTLY ZONED MH – MANUFACTURED
HOUSING, AND AN APPROXIMATE 37.38 ACRE TRACT OF LAND
CURRENTLY ZONED R-12 SINGLE FAMILY RESIDENTIAL, TO PD
PLANNED DEVELOPMENT NO. 28, TO BE KNOWN AS NORTHWEST
HIGH SCHOOL NO. 2; PROVIDING FOR EXHIBIT “A”, LEGAL
DESCRIPTION”; PROVIDING FOR EXHIBIT “B”, “ZONING EXHIBIT”,
PROVIDING FOR EXHIBIT “C”, “DEVELOPMENT STANDARDS”, AND
PRESCRIBING A PURPOSE, INCLUDING SIZE OF TRACT, USES
GENERALLY, PERMITTED USES, LIMITATION OF USES, AREA
BUILDING AND SITE REGULATIONS, ADDITIONAL DEVELOPMENT
STANDARDS, LANDSCAPING, FIRE LANES, FINAL SITE PLAN, AND
AMENDMENTS TO SITE PLAN; PROVIDING THAT SUCH TRACT OF
LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE ZONING CODE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT THE PD ZONING FOR SUCH 92.24
ACRE TRACT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town;
WHEREAS, the owner of the tracts of land, collectively described as a 92.24
acre tract of land, of which approximately 54.86 acres are zoned MH – Manufactured
Housing, and approximately 37.38 are zoned R-12 Singe Family Residential, and such
land being further described in Exhibit “A”, attached hereto and incorporated herein, (the
“Land”), filed an application with the Town’s Planning and Zoning Commission
requesting a change in zoning of the Land into PD Planned Development No. 28,
Northwest High School No. 2 with high school and associated auxiliary uses including
26
but not limited to athletic fields and a stadium, consisting of approximately 92.24 acres
of land. Such application further requested an amendment to the official Zoning District
Map of the Town in accordance with Chapter 13 of the Town’s Code of Ordinances; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to rezone the Land came before the Planning and Zoning Commission;
and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance;
and
WHEREAS, after complying with all legal notices, requirements, and conditions,
a public hearing was held before Town Council at which the Town Council considered,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning and
Zoning Commission and the information and other materials received at the public
hearing, the Town Council has concluded that the adoption of this Ordinance is in the
best interests of the Town of Trophy Club, Texas, and of the public health, safety and
welfare.
SECTION 3.
REZONING
The Zoning Ordinance for the Town, codified in Chapter 13 of the Code of Ordinances
of the Town of Trophy Club, is hereby amended in the following particulars, and all other
articles, chapters, sections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified and affirmed:
A. The zoning of the land, being a 92.24 acre tract of land described in
Exhibit “A”, attached hereto and incorporated herein, is hereby changed to
27
adopt provisions for PD Planned Development No. 28 in accordance with
the requirements of this Ordinance, all applicable parts of Chapter 13, the
Zoning Code, and all other applicable ordinances, rules and regulations of
the Town. Such new provisions are set forth in Exhibit “A” entitled “Legal
Description”, Exhibit “B” entitled “Zoning Exhibit”, and Exhibit “C” entitled
“Development Standards” which are attached hereto and incorporated
herein for all purposes.
1. PD Development Standards. Development Standards for the
planned development of the Land, and all parts thereof, is attached
hereto as Exhibit “C” and incorporated herein as if copied in its
entirety. Such Development Standards shall be adhered to in
carrying out the development of the Land in accordance with this
Ordinance, and compliance with each and every part of such
Development Standards shall constitute a condition precedent to
the issuance of any building permit for the Land in this Planned
Development District.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting
PD-28, Northwest High School No. 2 and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance; whether such ordinances are codified or
uncodified, and all other provisions of the Ordinances of the Town of Trophy Club,
codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain
in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of
action or claim which prior to the effective date of this Ordinance has been initiated or
has arisen under or pursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance shall
be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of the Ordinance, and the Town Council hereby declares it would have passed
such remaining of the Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this
Ordinance in the Ordinance records of the Town.
28
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 5th day of March, 2007.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
29
PLANNED DEVELOPMENT
NORTHWEST INDEPENDENT SCHOOL DISTRICT
HIGH SCHOOL NO.2
TROPHY CLUB, TEXAS
Contents
Exhibit “A” Legal Description
Exhibit “B” Zoning Exhibit
Exhibit “C” Development Standards
30
EXHIBIT “A”
LEGAL DESCRIPTION
31
EXHIBIT “A”
LEGAL DESCRIPTION
Being 92.655 acres of land located in the T. Calaway Survey, Abstract No. 272, the T. Kelly
Survey, Abstract No. 704, and the J. Henry Survey, Abstract No. 529, Denton County, Texas,
being the tract of land described in the deeds to Northwest Independent School District
(Northwest Independent School District "NWISD"), recorded in Instrument Nos. 2004-52882,
2005-56133, and 2005-56134, Deed Records, Denton County, Texas. Said 92.655 acres of land
being more particularly described as follows:
BEGINNING at a 1/2" iron rod stamped "McCullah" found at the most Westerly Northwest
corner of said NWISD tract recorded in Instrument No. 2004-52882, being the Northeast corner
of Lot 22, Block L, Green Acre Estates, 2nd Section, an addition to Denton County, Texas,
according to the plat recorded in Volume B, Page 250, Plat Records, Denton County, Texas;
THENCE N89°32'20"E, along the most Westerly North line of said NWISD tract recorded in
Instrument No. 2004-52882 a distance of 363.50 feet to a 60d nail found at the Northwest
corner of the Save and Except Tract 1 as described in the deed to NWISD in said Instrument
No. 2004-52882;
THENCE S00°27'22"E, along the West line of said Save and Except Tract 1, at a distance of
255.57 feet passing the Southwest corner of said Save and Except Tract 1, also being the most
Westerly Northwest corner of a tract of land described in the deed to C Oil Investments, LTD.
recorded in Instrument No. 2005-56135, Deed Records, Denton County, Texas, in all a total
distance of 295.57 feet to a 1/2" iron rod stamped "Beasley RPLS 4050" set at the Southwest
corner of said C Oil Investments, LTD tract;
THENCE along the South, East, and North lines of said C Oil Investments, LTD tract the
following courses and distances:
1. N89°33'02"E, a distance of 410.61 feet to a 1/2" iron rod stamped "Beasley RPLS 4050"
set;
2. N00°26'58"W, a distance of 295.62 feet to a 1/2" iron rod stamped "Beasley RPLS 4050”
set;
3. S89°33'06"W, a distance of 155.00 feet to a 3/8" iron pipe found at the Northwest corner
of said C Oil Investments tract, the Northeast corner of said Save and Except Tract I,
and the Southeast corner of a tract of land described in the deed to Hunter Ferrell
Properties, Inc recorded in Instrument No. 94-75154, Deed Records, Denton County,
Texas;
THENCE N00°15'37"W, along the most Northerly West line of said NWISD tract described in
Instrument No. 2004-52882, a distance of 157.16 feet to a 1/2" iron rod set at the Southwest
corner of a tract of land described in the deed to C Oil Investments, LTD. recorded in Instrument
No. 2003-205035, Deed Records, Denton County, Texas;
32
THENCE along the South, East, and North line of said C Oil Investments, LTD. tract described
in Instrument No. 2003-205035 the following courses and distances:
1. N65°51'14"E, a distance of 293.82 feet to a 60d nail found;
2. N43°22'38"E, a distance of 110.89 feet to a 60d nail found;
3. N45°01'33"W, a distance of 298.00 feet to a 60d nail found;
4. S89°29'25"W, a distance of 135.33 feet to a 60d nail found in the most Northerly West
line of said NWISD tract described in Instrument No. 2004-52882;
THENCE N00°15'37"W, along the most Northerly West line of said NWISD tract described in
Instrument No. 2004-52882, at a distance of 192.98 feet passing a point from which a 5/8" iron
rod stamped "Carter & Burgess" bears S89°44'23"W a distance of 0.97 feet for the Northeast
corner of said Hunter Ferrell Properties, Inc tract and the Southeast corner of a tract of land
described in the deed to Star of Texas Energy Services, Inc recorded in Instrument No. 2004-
148911, Deed Records, Denton County, Texas, in all 347.21' to a U.S. Army Corps of
Engineers (Corps of Engineers "COE") Monument No. 540-1 found at the most Northerly
Northwest corner of said NWISD tract described in Instrument No. 2004-52882;
THENCE along the North and East lines of said NWISD tract described in Instrument No. 2004-
52882 the following courses and distances:
1. S42°22'19"E, a distance of 408.77 feet to a COE Monument No. 540-2 found;
2. S44°17'30"E, a distance of 777.59 feet to a COE Monument No. 540-3 found;
3. S58°06'38"W, a distance of 253.93 feet to a COE Monument No. 540-4 found;
4. S61°23'43"E, a distance of 642.65 feet to a 1/2" iron rod stamped "McCullah" found;
5. S50°12'33"E, a distance of 496.53 feet to a COE Monument No. 540-6 found;
6. S15°14'49"W, a distance of 150.59 feet to a COE Monument No. 540-7 found;
7. S27°03'58"W, a distance of 402.08 feet to a COE Monument No. 540-8 found;
8. N87°09'06"W, a distance of 157.55 feet to a 1/2" iron rod stamped "Beasley RPLS
4050" set;
9. S77°19'34"W, a distance of 102.76 feet to a 1/2" iron rod stamped "McCullah" found;
10. S41°39'04"W, a distance of 91.39 feet to a 1/2" iron rod stamped "McCullah" found ;
11. S36°17'12"W, a distance of 52.32 feet to a 1/2" iron rod stamped "McCullah" found;
12. S40°50'39"W, a distance of 95.59 feet to a 1/2" iron rod stamped "McCullah" found;
33
13. S08°39'42"W, a distance of 429.68 feet to a 1/2" iron rod stamped "McCullah" found;
14. S04°12'41"W, a distance of 306.41 feet to a 1/2" iron rod stamped "McCullah" found;
15. S13°00'52"W, a distance of 96.30 feet to a 1/2" iron rod stamped "McCullah" found;
16. S19°36'46"W, a distance of 103.70 feet to a 1/2" iron rod stamped "McCullah" found;
17. S10°23'52"W, a distance of 125.46 feet to a pk set in Marshall Creek Road for the
Southeast corner of said NWISD tract described in Instrument No. 2004-52882;
THENCE with the South line of said NWISD tract described in Instrument No. 2004-52882 and
along a line in Marshall Creek Road the following courses and distances:
1. Westerly, 138.46 feet along a non tangent curve to the left, having a radius of 1,031.76
feet, a central angle of 07°41'21" and a chord bearing N73°38'58"W, 138.36 feet to a pk
set;
2. N77°29'39"W, a distance of 909.47 feet to a pk set at the beginning of a non tangent
curve;
3. Westerly, 350.07 feet along a non tangent curve to the left, having a radius of 2,020.05
feet, a central angle of 09°55'45" and a chord bearing N85°28'47"W, 349.63 feet to an X
found for the Southwest corner of said NWISD tract described in Instrument No. 2004-
52882;
THENCE N00°06'55"E, along the most Westerly West line of said NWISD tract described in
Instrument No. 2004-52882, at a distance of 31.69 feet passing a 3/8" iron rod found at the
Southeast corner of Lot 1, Block L, Green Acre Estates, an Addition to Denton County, Texas,
according to the plat recorded in Volume 6, Page 6, Plat Records, Denton County, Texas, in all
a distance of 1,426.57 feet to a 3/8" iron rod found at the Northeast corner of Lot 14, Block L, of
said Green Acre Estates, also being the Southeast corner of Lot 15, Block L, of said Green Acre
Estates, 2nd Section;
THENCE N00°15'50"E, along the East line of said Green Acre Estates, 2nd Section, a distance
of 754.75 feet to the point of beginning, containing 92.655 acres of land.
The bearings recited hereon are oriented to NAD 83, Texas North Central Zone.
34
EXHIBIT “B”
ZONING EXHIBIT
35
36
EXHIBIT “C”
DEVELOPMENT STANDARDS
37
DEVELOPMENT STANDARDS
NISD HIGH SCHOOL NO. 2
TROPHY CLUB, TEXAS
The development of the Land described in Exhibit “A” – Legal Description (a copy of
which is attached hereto and incorporated herein) (hereinafter “Tract 1”) consisting of
approximately 92.24 acres of land shall be in accordance with Exhibit “B” – Zoning
Exhibit of the development (a copy of which is attached hereto and incorporated herein),
all other Exhibits attached to or incorporated herein, the Zoning Code, all other
applicable codes and regulations of the Town of Trophy Club, and the following
Development Standards, conditions and requirements:
A. Purpose: This Planned Development is designed to accommodate a high school
and other appurtenant uses as applicable with a high school site. For
development purposes, the land is one contiguous tract. The use and
development of the tract shall be in accordance with the Code of Ordinances of
the Town, Article IV, Section 4.14 NS – Neighborhood Service District
Regulations with the following exceptions:
1. Size of Tract:
Tract 1 shall contain approximately 92.24 acres of land
2. Uses Generally: In the development and use of Tract 1, no land shall be
used and no building or structure shall be installed, erected, or converted
to any use other than the following Permitted Uses:
3. Permitted Uses:
(a) Tract 1 shall allow all uses indicated in the following Use List.
Athletic Fields, Stadium, Auditorium, Gyms Bldg for auxiliary uses on HS site
Children’s Day Care Center & Kindergarten Equestrian facilities
Park, Playground, Play lots, Related Facilities Private Stable
Public Safety Facilities Recreational
School Social, Recreational, Assembly
Buildings
Storage (auxiliary uses for HS site) Swimming Pool
Tennis, Handball, Racquet Ball Clubs Utility Facilities, Garage, Storage
4. Limitation of Uses: Except as provided below, any use not expressly
permitted herein or allowed by temporary, conditional or specific use
permit is prohibited:
(a) Sporting Events and any applicable appurtenances shall be granted
as a permanent use.
38
(b) Educational or informational displays.
(c) A temporary use as defined in the Zoning Code shall not be
permitted or located nearer than one-hundred feet (100’) to a
residentially zoned district.
(d) An accessory use as defined in the Zoning Code shall not be
located within any identified easement. In addition, accessory
structures permitted in these districts shall not exceed one story in
height, except for storage/ utility structures which shall not exceed
fifteen feet (15’) in height. Utility structures may include lift stations
and other operational utility structures required for full functionality
of a high school.
5. Area Building and Site Regulations:
The building and site regulations will generally follow Chapter 13 of the
Code of Ordinances of the Town, Article IV, Section 4.14 NS –
Neighborhood Service District Regulations, with the exception of those
items listed below:
(a) Building Height: No building or structure shall exceed eighty-five
feet (85’) or three (3) stories in height.
(b) Lighting: Prior to the issuance of a building permit for the Land or
any part thereof, an overall lighting plan, accompanying the Final
Site Plan for the Land must be approved by the Town Council upon
recommendation of the Planning & Zoning Commission.
Additionally, written standards shall be approved by the Town
Council upon recommendation of the Planning & Zoning
Commission at a later date, in the form of an amendment to this
Ordinance.
(c) Fencing: Chain link fencing may be used for athletic fields only as
long as it has 100% vinyl coverage. Black vinyl is an acceptable
color. All other colors shall be approved by the Town Council upon
recommendation of the Planning & Zoning Commission. Additional
fencing shall meet the requirements of Chapter 13, Article VII,
Section 7.01 of the Town’s Code of Ordinances.
(d) Outdoor Storage: No outdoor storage, except for refuse disposal,
shall be permitted on the land. Dumpster locations shall be subject
to the prior approval of the Planning & Zoning Commission, as
indicated on the Final Site Plan. Dumpsters are to be enclosed
on all sides with three (3) masonry walls and one (1) gate of a
similar architectural style of buildings. Minimum height of the
39
enclosures shall be determined by the height of the dumpster.
When possible, landscaping shall provide additional screening for
the enclosure. Operating hours for trash service shall be in
accordance with the Town of Trophy Club standards.
(e) Signage: Illuminated LED and Non-Illuminated permanent marquee
and monument signage will be allowed at drive
approaches, intersections and the front of the building. Prior to the
issuance of a building permit for the Land or any part thereof, an
overall sign plan, accompanying the Final Site Plan for the Land
must be approved by the Town Council upon recommendation of
the Planning & Zoning Commission. Additionally, written standards
shall be approved by the Town Council upon recommendation of
the Planning & Zoning Commission at a later date, in the form of an
amendment to this Ordinance.
(f) Hours of Operation: The hours of operation shall be between 7am
and 11:00pm for the standard calendar school year and shall be
between 7:00am and 6:00pm for the summer session.
(g) Mechanical & Electrical Equipment: Mechanical and electrical
equipment, including air conditioning units, shall be designed and
operated to minimize noise impact on surrounding property. All
such Equipment shall be screened from public view. Equipment
screening shall not be considered as a part of building height.
B. Additional Development Standards:
1. Landscaping: Landscaping shall be provided as required by applicable
codes, including but not limited to the Zoning Code as amended, and
Chapter 13, Article VII, Section 7.03 Landscaping Regulations, and the
Subdivision Regulations, Chapter 12, Article VIII, except as specifically
provided hereinbelow:
(a) Interior areas of parking lots shall contain planter islands or berms
located so as to best relieve the expanse of paving. Planter islands or
berms must be located no further apart than every twenty-four (24)
parking spaces and at the terminus of all rows of parking. Such
islands or berms shall contain at least one (1) tree. Each tree shall be
a minimum of four (4) caliper inches as measured twelve inches (12”)
above final grade adjacent to the trunk of the tree. The remainder
shall be landscaped with shrubs, lawn and ground. Shrubs shall be a
minimum of three feet (3’) in height when measured immediately after
planting, and shall reach three feet (3’) in height within one year of
planting. Interior planter islands shall have a minimum size of nine
feet (9’) by eighteen feet (18’).
40
(i) Perimeter landscape areas shall contain at least one tree for
each fifty (50) linear feet or fraction thereof of perimeter
area. Shrubs shall meet the requirements of (B)(1)(a)
above. Trees shall be planted in non-vehicular open space
to meet the following requirements. Existing trees that are
preserved on a developed site may be credited to the
following requirements:
Percentage of Site in Non-Vehicular Open spaces: 0-100%
Tree Ratio per Non-Vehicular Open Space: 9 trees/ 4,000
sq. ft.
2. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and
details shall be provided at the time of the Final Site Plan submittal and
shall be approved by the Fire Department.
3. Final Site Plan: The Final Site Plan shall be submitted to the Planning &
Zoning Commission and Town Council for approval. Such approval shall
be in the form of an ordinance duly adopted by the Town Council, upon
recommendation from the Planning & Zoning Commission.
Upon approval, the Final Site Plan shall become an amendment to this
Ordinance. In the event of any conflicts between this Ordinance and such
approved Final Site Plan, the Ordinance adopting the Approved Final Site
Plan shall control.
4. Amendments to the Site Plan: Amendments to the Site Plan for items that
are not determined to be substantial by the Planning & Zoning Coordinator
shall be permitted. The Planning & Zoning Coordinator shall determine
items to be classified as not substantial.
5. Notwithstanding any contrary provision in the Ordinance or any exhibits
hereto, the final approvals listed below must be obtained from the Town
prior to the issuance of any building permits. Such approvals must be
made by an Ordinance amending this Ordinance creating PD-Planned
Development No. 28:
(a) Final Site Plan approval, including but not limited to Landscape
Plan and Plant List.
(b) Building Elevations
(c) Sight Line Studies
(d) Photometric Plan and Light Fixture Illustrations
41
(e) Signage
(f) Retaining Wall and Fencing
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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)
(kcf)
43
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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.
EXPLANATION:
Only one application was submitted for this vacancy.
Applicant: Richard Bell
RECOMMENDATION:
Excerpt from February 26, 2007, EDC 4A Meeting Minutes:
A.4 Discuss and make recommendation to Town Council concerning the applicant.
Director Twomey made the motion to recommend Richard Bell to fill the EDC4A
vacant position. Director Wilhelm seconded. The motion passes unanimously.
ACTION BY COUNCIL:
Attachments: 1. Applications
2. Resolution
44
45
46
47
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2007-0
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-24, TO
FILL A VACANCY ON ECONOMIC DEVELOPMENT CORPORATION
4A BY APPOINTING ONE (1) CITIZEN TO EDC 4A FOR THE
REMAINDER OF THE UNEXPIRED TERM (EXPIRING IN OCTOBER,
2007); PROVIDING THAT THE REMAINDER OF RESOLUTION NO.
2006-24 SHALL CONTINUE IN FULL FORCE AND EFFECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Committees and Boards; and
WHEREAS, since the adoption of Resolution No. 2006-24, one vacancy has
remained on EDC 4A; and
WHEREAS, the Town Council has reviewed the qualifications of applicants for
service on EDC 4A and has determined that the appointment of one of those applicants
identified herein below is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Section 2 of Resolution No. 2006-24 is hereby amended to
reflect the appointment of the following individual to serve on Economic Development
Corporation A with such term of service ending on October 1 of the year specified
below:
Economic Development Corporation 4A
5. XX (2007)
Section 2. That all of the other terms and provisions of Resolution No. 2006-
24 not in conflict with the terms of this Resolution shall continue in full force and effect.
Section 3. 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 5th day of March, 2007.
48
________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding the acceptance of the 2005-
06 fiscal year end Audit.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. FY05-06 Town Response to Management Letter
2. FY05-06 Management Letter
3. FY05-06 Audit
50
TOWN RESPONSE
TOWN OF TROPHY CLUB MANAGEMENT REPORT – YEAR ENDED SEPTEMBER 30, 2006
1. IMPROVE CONTROLS OVER DISBURSEMENTS (REPORTABLE CONDITION)
The auditors tested a total sample of 40 non-purchase card disbursements, 10 for each entity (Town,
Master District, MUD 1, MUD 2). Unlike this year’s audit, however, last year’s sample did not separate
between purchase cards and payable disbursements. For the audit ending Sep 06, all purchase card
samples were in compliance, but of the 10 non-purchase card disbursements that were tested for the
Town, 7 showed no evidence of formal approval above that of the purchaser. The Town Manager and
Finance met with the auditors in mid to late-Nov to discuss this, and as a result, the Town developed a
process to informally document and remedy this item. The Accounts Payable Disbursement process has
been in effect since late-Dec 06, and an update of this policy is scheduled to be brought before the
Council in Mar as an update by the Town Manager. In addition to Accounts Payable Disbursements, the
Town also made further enhancements to the Purchase Card process that also went into effect in late-
Dec 06, and it is scheduled to come before Council as an update by the Town Manager in Mar as well.
In an effort to provide better clarity in reference to the term “disbursements,” the auditors have agreed to
change it to “non-purchase card disbursements,” which relate specifically to payable disbursements that
occur as a result of writing checks. Attached are the 2 emails that went out to department heads and
employees in reference to the internal processes.
2. TRAVEL AND EXPENSE REIMBURSEMENT DOCUMENTATION
Like item #1, the Town Manager and Finance met with the auditors in mid to late-Nov to discuss this, and
as a result, the Town has worked to remedy this item by consolidating and updating the current Training
& Travel Policy, as well as Purchasing Card Policy where travel is also addressed. The revised Travel &
Training Policy has not taken effect as of yet due to the time that has been required to update it; however,
it is scheduled to be brought before the Council in Mar as an update by the Town Manager.
While the Town has taken issue with the notation that it does not have a “formalized” policy in place, the
newly revised Travel & Training Policy does take all three recommendations made into account. The
auditors have expressed that they will correct any reference to the absence of a “formalized” policy and
the statement will be rewritten as follows:
Presently, the Town has a formalized policy for travel and expense reimbursements. We
recommend that the Town update the policy to include:
• References standards for dollar limits on the amounts that will be reimbursed for various
types of expenses (i.e. meals, travel, etc.).
• Requires additional documentation to be submitted for reimbursement (i.e. receipts, invoices,
signed request for reimbursement forms, etc).
• A process of submitting the request, including obtaining proper approval/authorizations.
3. IMPROVE CONTROLS OVER JOURNAL ENTRIES (REPORTABLE CONDITION)
Like item #1, the Town Manager and Finance met with the auditors in mid to late-Nov to discuss this, and
as a result, the Town developed a process to informally document and remedy this item. Furthermore,
like both the Accounts Payable and Purchase Cards processes, this item has been in effect since late-
Dec 06, and it is scheduled to come before Council as an update by the Town Manager in Mar. This item
is a repeat item and was included in last year’s audit ending Sep 05.
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4. RECORD LONG-TERM DEBT IN GENERAL LEDGER
Until now, long-term debt in the general ledger has been maintained in a separate worksheet and outside
of the finance software system. Like item #1, the Town Manager and Finance met with the auditors in
mid to late-Nov to discuss this, and although this has yet to be completed, these accounts have been
setup in the general ledger. They will be input within the next 3 months, as time and schedule permits.
5. IMPROVE BUDGETARY COMPLIANCE
Like item #1, the Town Manager and Finance met with the auditors in mid to late-Nov to discuss this, and
as a result, the Town has developed an informal process in which it will bring forth to Council any items,
which require a formal budget amendment. It is the Town’s intent to bring forth budget amendments to
the Council twice yearly (mid and end year), as well as, at any other time that it is deemed necessary.
This enables the Town to remain in compliance with the legal level of budgetary control, particularly in
reference to expenditures at the fund level. All budget amendments will be entered into the general
ledger upon approval by Council.
Provided below is a brief summary and explanation of the items, which mainly contributed to the excess
of appropriations. They may have been offset by expenses which came in under budget:
Storm Drainage ($37,350)
• $43K increase in Maintenance & Repairs for emergency repairs authorized by Council on
Inverness.
Police ($148,008)
• $61K increase in expenditures for Student Resources Officer Grant.
• $36K increase in Personnel Services for overtime and worker’s compensation rates, as well as
independent labor.
• $17K increase in Vehicle Maintenance for aged vehicles.
• $25K increase in Building Maintenance for roof repair.
• $8K increase in Fuel & Lube for gasoline prices.
Parks ($99,798)
• Independence: $12K increase in Water and $31K increase in Property Maintenance with
offsetting revenue funded by EDCA.
• Pool: $9K in Personnel, $8K in Electric, $7K in Property Maintenance to resurface pool, and $6K
for chemicals.
• Harmony: $16K increase in Water due to effluent not occurring and $22K in Property
Maintenance with offsetting revenue funded by EDCB.
• Beck: $5K increase in Water.
• Lakeview: $8K increase in Water.
• Medians: $14K increase in Water and $19K in Property Maintenance.
• ($66K) reduced across entire budget.
Community Development ($71,964)
• $17K increase in Personnel Services for hiring an additional streets person midyear.
• $21K increase to recognize lease proceeds.
• $128K for GASB streets projects.
• ($60K) reduced for streets plus additional ($39K) reduced across entire budget.
Planning & Zoning ($19,305)
• $19K increase in Engineering and Town Planner for Horton Project
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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.
EXPLANATION:
While our current swimming pool ordinance addresses clarity of water, it does not
provide a means for abatement. This leaves us without the ability to address health and
safety concerns in vacant property or property for which the owner fails to comply. The
following ordinance more clearly defines and prohibits stagnant water as a public health
hazard which serves as a breeding ground for bacteria, insects and provides Code
Enforcement the ability to address this type of issue. The Town’s standard written
notification and abatement process is included to provide property owners with ample
opportunity to respond and comply before any abatement would occur.
This ordinance is being provided for Town Council feedback and if requested will be
brought back for approval at a subsequent meeting.
(bg)
Attachments: 1. Ordinance
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Article VI
Standing, Stagnant Water
Section 6.0 Definitions:
Designated Officer shall mean the Code Enforcement Officer or Municipal Health
Authority for the Town of Trophy Club, Texas, or his or her designee.
Municipal Health Authority shall mean the Town Health Officer appointed pursuant to
the Local Public Health Reorganization Act, as amended.
Non-maintained shall mean the failure to keep a body of water clean, bacteria and
insect free by chemical or mechanical means.
Owner shall mean any individual, firm, corporation, partnership, sole proprietorship or
any other legal entity owning any real property, whether occupied or unoccupied;
improved or unimproved, within the corporate limits of the Town.
Public Storm Water Systems shall mean the system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures or storm drains) owned and operated by the
Town and designed or used for collecting or conveying storm water, and which is not
used for collecting or conveying sewage.
Stagnant shall mean standing or non-flowing water.
Section 6.01 Unlawful to Permit the Ponding of Standing, Stagnant or Non-
Maintained Water
A. It shall be unlawful for any Owner to cause, permit, maintain, or allow one or
more of the following conditions, each of which is hereby deemed a public
nuisance:
The accumulation or ponding of standing, stagnant, or non-maintained water that
harbors or is 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.
B. A finding by a Code Enforcement Officer or Municipal Health Authority of the
Town that accumulations or ponding of water are remaining or have remained for
a period in excess of forty-eight (48) hours shall constitute prima-facie evidence
that standing, stagnant, or non-maintained water is conducive to the breeding or
harboring of mosquitoes, flies, or other pests. Such finding by the Designated
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Officer may be made by one or more methods, including without limitation:
measures of water turbidity, the presence of excessive organic matter in the
water, the presence of foul odors, visually apparent algal growth, or the presence
of mosquitoes, flies, or other pests. The presence of mosquito larva is not
required for standing, stagnant, or non-maintained water to be classified as a
public nuisance.
Section 6.02 Removal of Standing Water
A. It shall be the duty of any Owner to abate nuisances described in this Article by:
1. Draining, filling or re-grading or causing the draining, filling, or re-grading of
any lot(s), ground, or yard(s) that have standing or stagnant water thereon; or
2. Treating or causing the treating of the area with the standing or stagnant
water with a material, either natural or man-made, that eliminates any
offensive odor and renders the area harmless to the public health and
eliminates the potential breeding ground for mosquitoes, flies or other pests.
B. It shall be the duty of all Owners to maintain items that are capable of collecting
water, including but not limited to; birdbaths, fountains, reflecting pools or ponds,
private or semi-private swimming pools or other items so that such items do not
harbor or serve as a breeding ground for mosquitoes, flies or other pests, or
adversely impact the public health and safety, or create an odor nuisance.
Section 6.03 Notice of Violation / Abatement / Expenses
A. Notice Content. In the event that any Owner fails to comply with the provisions of
this Article, the Town shall give seven (7) days notice in writing to such Owner of
the violation of this Article. Such written notice shall be given:
1. Personally to the Owner in writing by letter addressed to the Owner at the
Owner’s address as recorded in the appraisal district records for the
appraisal district in which the property is located; or
2. If personal service cannot be obtained:
a. By publication at least once in a newspaper of general circulation
within the Town; 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.
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3. Notice Deemed Delivered. If the notice to an Owner is mailed in
accordance with Subsection A, and the United States Postal Service
returns the notice as “refused” or “unclaimed,” the validity of the notice is
not affected, and the notice shall be considered as delivered.
B. Abatement. If an Owner notified of a violation in accordance with this Article fails
or refuses to comply with the provisions of this Article within seven (7) days of
such notice of violation, the Town may go upon such Owner’s property and do or
cause to be done the work necessary to obtain compliance with this Article, pay
for the work done or improvements made, and charge the expenses incurred in
doing or having same done to such Owner by any means lawfully available. This
remedy shall be cumulative of criminal prosecution as set forth in Section 6.04 of
this Article.
C. Future Violations – Notice. In a notice provided under this Section, the Town may
inform the Owner by regular mail and by a posting on the property, or by
personally delivering the notice, that if such Owner commits another violation of
the same kind or nature that poses a danger to the public health and safety on or
before the first anniversary of the date of the notice, the Town without further
notice may correct the violation at the Owner’s expense and assess the expense
against the property. If a violation covered by a notice under this Section occurs
within the one-year period, and the Town has not been informed in writing by the
Owner that there has been a change in ownership, then the Town, without notice,
may take any action permitted by Subsection B of this Section and assess its
expenses as provided in Subsection D of this Section.
D. The charges provided for in this Article shall be assessed against the real
property on which the abatement work is done or improvements made and
collected by the Town of Trophy Club, Texas. In the event the Owner of such
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, a lien may be filed. To
obtain a lien against the property, the Mayor, Municipal Health Authority or
municipal official designated by the Mayor must file a statement of expenses with
the County Clerk of the County in which the Town is located. The lien statement
shall state the name of the Owner, if known, and the legal description of the
property. The lien attaches upon the filing of the lien statement with the County
Clerk. The lien on the property involved shall be inferior only to tax liens and
liens for street improvements to secure the expense incurred, is security for the
expenditures made, and shall accrue interest at the rate of ten (10) percent on
the amount due from the date of payment by the Town. For any such
expenditures and interest due, as aforesaid, the Town Council may bring a suit
for foreclosure in the name of the Town of Trophy Club. The statement of
expenses or a certified copy of the statement is prima facie proof of the expenses
incurred by the Town in doing the work or making the improvements hereunder.
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The Town may foreclose a lien on property under this Article in a proceeding
relating to the property under Subchapter E, Chapter 33, Tax Code, as amended.
Section 6.04 Municipal Court Prosecution
A. In addition to the abatement provisions set forth in Section 6.03 of this Article, the
Designated Official may utilize the Town’s Municipal Court for prosecution.
B. If an Owner or an occupant of property notified of a violation in accordance with
this Article fails or refuses to comply with the provisions of this Article within
seven (7) days of such notice of violation, the Designated Official may issue a
citation for each and every day that the violation continues or is maintained upon
the property.
Section 6.05 Exceptions
A. This Article shall not apply to Public Storm Water Systems.
Section 6.06 Penalty
A. It shall be unlawful for any Owner to violate any provision of this Article, and any
Owner violating or failing to comply with any provision of this Article shall be
fined, upon conviction, an amount not less than One Dollar ($1.00) and not to
exceed 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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the expenditure of EDC 4A
funds for lighting and scheduling software for park facilities.
EXPLANATION:
The hardware and software package presented documents will allow staff to both
monitor and control field and electrical usage for Independence Park as well as
the ability to reserve facilities at additional parks.
RECOMMENDATION:
Staff recommends the approval of this expenditure.
ACTION BY COUNCIL:
(aa)
Attachments: 1. EDC4A minutes for 2/27/07
2. Submittal request
2. Information memorandum
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MINUTES OF A REGULAR ECONOMIC DEVELOPMENT CORPORATION 4A
FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
MONDAY, FEBRUARY 27, 2007
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Economic Development Corporation 4A of the Town of Trophy Club, Texas, met in a
Regular Session on Monday, February 27, 2007 at 6:30 p.m. The meeting was held within the
boundaries of the Town and was open to the public.
DIRECTORS PRESENT
JD Harvey President
Dwight Morrow Vice-President
Neil Twomey Secretary/Treasurer
Leland Wilhelm Board Member
Susan Edstrom EDC4A Council Liaison
STAFF AND GUEST(S) PRESENT
Brandon Emmons Town Manager
Adam Adams Staff Liaison/Parks and Recreation Director
Sakura Moten-Dedrick Finance Director
Mindy Herring Recreation Supervisor
A.1 The Economic Development Corporation 4A Secretary Director Harvey called the
Regular Session to order at 6:30 p.m. noting a quorum was present.
A.2 Citizen Presentations: this is an opportunity for citizens to address the Economic
Development Corporation 4A on any matter whether or not it is posted on the
agenda. The Board is not permitted to take action on or discuss any
presentations made to the Board at this time concerning an item not listed on the
agenda. The Board will hear presentations on specific agenda items prior to the
Board addressing those items.
No citizen presentation.
A.3 Interview Richard Bell for the vacant position.
A.4 Discuss and make recommendation to Town Council concerning the applicant.
Director Twomey made the motion to recommend Richard Bell to fill the EDC4A
vacant position. Director Wilhelm seconded. The motion passes unanimously.
A.5 Staff update and discussion regarding project updates as listed below: There will
be no action taken on any individual project posted under this item and
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discussion will be limited. If extensive discussion is required, the item may be
placed on a future agenda.
a. Harmony Park – Adam Adams discussed the Harmony Park project
improvements and discussed the monies associated with the project.
A.6 Discuss and take action on the Sports Facility Management submittal.
Director Morrow made the motion to approve the Sports Facility Management
submittal. Director Twomey seconded. The motion passes unanimously.
A.7 Review and approve changes from the following meetings:
a. July 10, 2006 Joint Session
b. September 25, 2006 Regular Session
c. October 23, 2006 Regular Session.
Director Morrow made the motion approve the July 10, 2006 minutes, September
25, 2006 minutes and the October 23, 2006 minutes. Director Twomey
seconded. The motion passes unanimously.
A.8 Review and approve minutes for the November 27, 2006 meeting.
Director Harvey made some changes and asked that the November 27, 2006
minutes be brought back to the next meeting.
A.9 Review and approve financial statements
a. October 2006
b. November 2006
c. December 2006
d. January 2007
Director Twomey made the motion to approve the financial statements of
October 2006, November 2006, December 2006 and January 2007. Director
Morrow seconded. The motion passes unanimously.
A.10 Schedule future agenda items:
Future planning with sport associations included on future funding discussions
Comprehensive Use Plan - Master Park Plan
A.11 Adjourn.
Director Twomey made the motion to adjourn at 7:13 p.m. Director Morrow
seconded. The motion passes unanimously.
___________________________ __________________________________
J. D. Harvey Dwight Morrow
President Vice President
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding Racial Profiling Report for
2006.
EXPLANATION:
Chief Kniffen to add the Statute requirement for his presentation to Council.
RECOMMENDATION:
ACTION BY COUNCIL:
(sk)
Attachments: 1. Memorandum
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To: Mayor, Council, and Town Manager
Date: February 26, 2007
From: Chief Kniffen
Re: Citizen Contact Report
The Texas Legislature has directed Chiefs of Police and Sheriffs in Texas to collect
statistics on citizen contacts and report the demographics of those statistics to their
local governments by March 1st of each year. Neither the statutes nor TCLEOSE rules
provide guidance as to what data set the “racial profiling” statistics should be compared
in order to accurately estimate “the prevalence of racial profiling” as required in the law.
It should be noted that the statutes require two “tiers” of reporting. Tier One consists of
traffic contacts only. In presenting an appraisal of our collected statistics we will present
the analysis on traffic contacts using the data set that consists of zip codes that lie
within 12 miles of the 76262 zip code. The data set is based on the most recent (2000)
census.
We arrived at this benchmark for comparison by checking the statistics on citations
written in Trophy Club. Over 40% of the citations were received by persons listing
76262 as their home zip code. The next nearest zip code was 76248 at 5.7%. Overall,
zip codes within 12 miles of 76262 (15 in all) comprised almost 65% of the total citations
with the remaining citations being spread out over 195 different zip codes. Attached
you will find a chart listing the 15 nearest zip codes with the demographics for each.
We did exclude one zip code from this set. It has fewer than 30 residents and none of
them received citations from Trophy Club in 2006.
Tier Two consists of non-traffic contacts. If an agency obtained a state grant for and/or
uses video cameras in their cars, they have the option of presenting a written analysis
or keeping the videos for 90 days, in case there is a complaint arising from a contact. If
an agency does not apply for the video camera grant (which has not been available for
several years) they are required to do the same. If an agency applies for the grant and
is denied, they do not have to video or report the analysis of these stops. I am not
aware of whether or not TCPD applied for the grant but we video all of our stops and
retain the videos for 90 days. Thus, we are reporting Tier One data only.
The records management system we are currently using is purported to collect “racial
profiling” data. In preparing this document, I ran the Tier One report. It reported an
amazingly small number of traffic contacts. After numerous attempts to obtain the
correct data, I ran the Tier One report a second time. It reported almost twice as many
traffic contacts in the second report.
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I continued to try to obtain the data and ran the report by race. Each contact was listed
by race. In a summary it indicated that there were a number of stops of Hispanic
individuals yet in the listing of each contact it reported only one Hispanic individual.
Further, when I conducted a review of the traffic stops it became clear that the total
number of stops included all of the parking citations written, even when no one was
present to receive the citation. These are not citizen contacts under the statute and
should not be included in the report. Because I was not confident in the report or the
process of collection of data, I had the PD Administrative Assistant, with the assistance
of Municipal Court, hand-count our 2006 Tier One contacts to ensure accuracy.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding The Highlands At Trophy
Club Development and Public Improvement District Agreement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Benchmark
2. Draft Agreement
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Highlands at Trophy Club Development Benchmarks:
PID Agreement (Exhibit A) - Proposed by Staff, Legal Counsel and Consultants. (In
Progress expected approval 3/19 or 4/2
PID Petition (Exhibit B) – Proposed by Owner following Approval of PID Agreement.
Requires a Public Hearing planned on 3/19 or 4/2
PD 27 Amendment – Proposed by Owner. Recommended by P&Z. Approved by
Council
Water/Waste Water Contract - Draft presented to MUD on 3/8
Service Assessment Plan – Prepared by Municap and approved by Council on 4/2 or
4/16
Issuance of Debt - Approved by Council based on Recommendations and Guidance of
Southwest Securities May or June
Approval Final Plats and Developer’s Agreements
Approval of Infrastructure Plans
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.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.
EXPLANATION:
As a result of input received from our auditors in mid to late-November, the Town has
worked to update the current Travel & Training Policy. In an effort to avoid duplication
and/or conflicting information, the Town intends to omit the current section in the
Procurement Card Policy that makes reference to Travel Expenses. The proposed
Travel & Training Policy now includes:
• References standards for dollar limits on the amounts that will be reimbursed for
various types of expenses.
• Requires additional documentation to be submitted for reimbursement.
• A process of submitting the request, including obtaining proper
authorizations/approval both in advance and after travel/training has occurred.
(Minutes, March 20, 2006) Personnel Policies
C.3 Discuss and take appropriate action regarding revisions to the Town's Personnel
Manual.
Council member Edstrom moved to approve the HR Policies, and provide direction to
the staff to make any modification prior to distributing to the employees. Council
member Williams seconded.
Roger Unger asked that the Council clarify the motion to be the ability to make
modifications extending throughout the life of the policy, given changes to
personnel law and the necessity to redefine processes due to the change of
positions, with Council being notified on all major changes.
Council member Edstrom advised that she does not feel it necessary to be updated on
administrative changes, but would like to be informed of changes made regarding
the interaction of employees.
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Mayor Pro Tem Cates disagreed, stating that she would like to be notified of all
changes.
Council member Williams and Mayor Sanders both agreed, and requested to be notified
of any changes.
Motion passed unanimously without further discussion.
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. 108.00 Training & Travel - Proposed
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.D.10
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
1. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle
until the vehicle is properly insured and inspected.
2. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver
does not have a current or valid Drivers License.
3. Discuss and take appropriate action relative to an 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."
4. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
5. Review of the Property Maintenance Ordinance.
6. Discussion about storm water discharge from pools.
7. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park.
8. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.D.11
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
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-5-2007
Subject: Agenda Item No.E.1
Adjourn.