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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. 51 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 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 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 96 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 97 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 98 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. 99 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. 100 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. 101 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 102 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 103 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 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 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 119 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. 120 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. 121 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 122 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 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 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. 207 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 208 209 210 211 212 213 214 215 216 217 218 219 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. 220 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 221 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-5-2007 Subject: Agenda Item No.E.1 Adjourn.