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Agenda Packet TC 10/01/2007 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, October 1, 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. A.4 Discuss and take appropriate action regarding a Proclamation recognizing Oct 15-19th, 2007 as "Texas Chamber of Commerce Week." A.5 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. C.1 Public Hearing to receive staff comments and public input relative to an Amendment to Ordinance No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be added to the permitted uses for this shopping center and to allow 24-hour operation for this business. Applicant: Regency Centers, L.P. (PD AMD-07-024) D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be added to the permitted uses for this shopping center and to allow 24-hour operation for this business. Applicant: Regency Centers, L.P. (PD AMD-07-024) D.2 Discuss and take appropriate action relative to future use, funding options, operation of, and repairs to Beck Park. D.3 Discuss and provide direction relative to the Temporary Use Community Garage Sale Permit which was granted by the Town Council by Special Privilege on February 5, 2007. (Applicant: Trophy Club Women's Club) D.4 Discuss and provide input regarding the following documents and matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and related improvements: A. Service and Assessment Plan for authorized public improvements 2 B. Discussion of Parkland Improvements for the PID and related Town parkland improvements. C. Acquisition, Funding, and Construction Agreement D. Indenture of Trust for the proposed bond issuance to finance public improvements. E. Preliminary Limited Offering Memorandum D.5 Discuss and take appropriate action relative to a third party review of recent incidents surrounding the mayoral move, town manager conduct and resulting work environment. D.6 Discuss and take appropriate action to nominate up to five people to be considered for the Denton County Appraisal District Board of Directors. D.7 Discuss and take appropriate action relative to the Town of Trophy Club's vehicle usage and ride along policies. D.8 Items for Future Agenda. D.9 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 Manager's Report. (b) Report by Council member Wilson on grant writing seminar. E.1 Council to convene into executive session for Consultation with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (Govt. Code §551.071 [1] & [2]) and pursuant to Government Code §551.074(a) of the Texas Open Meetings Act, to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. The employment contract between the Town and Town Manager Brandon Emmons, duties, performance, evaluation, and terms of engagement. E.2 Discuss and take appropriate action relative to the employment contract between the Town and Town Manager Brandon Emmons, duties, evaluation, performance, and terms of engagement. F.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 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 state under God and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.A.4 Discuss and take appropriate action regarding a Proclamation recognizing Oct 15-19th, 2007 as "Texas Chamber of Commerce Week." EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Email from Sally Michalak, President of the Northwest Metroport Chamber of Commerce 2. Proclamation 7 From: Sally Michalak [mailto:sally@nwmetroportchamber.org] Sent: Wednesday, September 12, 2007 12:14 PM To: Brandon Emmons; Lisa Ramsey Cc: Nick Sanders Subject: Texas Chamber of Commerce Week The Texas Chamber has proclaimed Oct 15-19th, 2007 as Texas Chamber of Commerce Week. This is a great opportunity for your Chamber to be recognized at an upcoming council meeting. Attached is a proclamation that I am requesting be read and acknowledged at a meeting prior to or during Chamber Week. I intend to frame and hang the proclamations in the Chamber office. Please advise if my request can be granted and what date it will be on the agenda to ensure attendance from the Chamber. Thank you for your attention. Let me know if you have any questions. Kind Regards, Sally Michalak President 8 TOWN OF TROPHY CLUB PROCLAMATION NO. 2007 – October 15-19, 2007 “2007 Texas Chamber of Commerce Week” WHEREAS, more than six hundred local chambers of commerce in Texas distinguish themselves as the voice of business in our state; and WHEREAS, the work accomplished by those local chambers has benefited our state through their economic development and community development programs; and WHEREAS, the Northwest Metroport Chambers of Commerce unceasingly promote our communities for quality growth and development; and WHEREAS, the business community, represented through local chambers of commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs, and a positive vision of the future; and WHEREAS, the chamber of commerce community in Texas has sought to achieve successful results for our cities, towns, counties and state in a cooperative spirit with other organizations; NOW THEREFORE, BE IT PROCLAIMED THAT THE TOWN OF TROPHY CLUB, PROCLAIM THE WEEK OF OCTOBER 15-19, 2007 AS CHAMBER OF COMMERCE WEEK IN TROPHY CLUB. PROCLAIMED THIS THE 1ST DAY OF OCTOBER, 2007. ______________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ______________________________ Town Secretary Town of Trophy Club, Texas 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.A.5 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. 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.C.1 Public Hearing to receive staff comments and public input relative to an Amendment to Ordinance No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be added to the permitted uses for this shopping center and to allow 24-hour operation for this business. Applicant: Regency Centers, L.P. (PD AMD-07-024) PURPOSE: The applicant, Regency Centers, L.P. is requesting approval of an amendment to Ordinance No. 99-17 P&Z to allow a fitness/workout facility as a permitted use in Planned Development (PD) No. 21. The applicant is also requesting that the ordinance be amended to allow 24-hour operation of uses for this business. The applicant’s original request was for 24-hour operation of uses for any existing or future tenant. After discussion at the September 20, 2007 Planning & Zoning Commission meeting, the Commission recommended 24-hour use for this tenant only. The applicant agreed to revise his request, asking for 24-hour use for this tenant only. CASE REVIEW: The applicant has a request from a potential tenant, Snap Fitness, to lease space for a fitness/workout facility in the Plaza Shopping Center. This use is not currently allowed as a “permitted use”. The “Plaza” shopping center, PD-21, allows “Professional, Business and Retail uses” as outlined in the attached “Exhibit C”, the Development Standards for this Shopping Center, as well as in Divisions E, F, and G of the Comprehensive Zoning Ordinance. The applicant would like to amend “Exhibit C” of the ordinance to allow this use. The tenant has also requested that their facility be allowed to stay open 24 hours, thus, the applicant is requesting a change to the ordinance to allow this tenant to have 24- hour operation. The Development Standards for PD-21 allow the following hours of operation: “B.3. Hours of operation of uses: Hours of operation for the uses set forth herein shall be from 6:00 a.m. to 11:00 p.m. except the Grocery Store and Pharmacy shall be twenty four (24) hours. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. Hours of delivery services shall be from 6:00 a.m. to 6:00 p.m.” 11 The applicant is requesting that the first sentence be changed to “Hours of operation for the uses set forth herein shall be from 6:00 a.m. to 11:00 p.m. except the Grocery Store, Pharmacy, and fitness/workout facility shall be twenty four (24) hours.” PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper “The Trophy Club Times” and property owners within 200-ft. of the shopping center were notified of this request. Copies of the notices are attached. Three letters of opposition have been received from Trophy Club residents who are not opposed to the fitness/workout use, but are opposed to the 24-hour operation. STAFF RECOMMENDATION: Following review of the shopping center and surrounding residential area, staff supports the applicant’s request to amend the permitted uses to allow a fitness/workout facility. Staff also supports the applicant’s request for 24-hour use. PLANNING AND ZONING COMMISSION RECOMMENDATION: On September 20, 2007, the Planning and Zoning Commission recommended favorable approval to the Town Council for a fitness/workout facility use to be added to the permitted uses for PD-21 Trophy Club Plaza, and to allow 24-hour use for this tenant. The motion passed unanimously 6-0. [The motion was made with a stipulation that a Knox Box be installed for this facility for fire and police access, but subsequent to the Planning & Zoning Commission meeting, Fire Chief Thomas confirmed that a Knox Box already exists for that building.] Attachments: Application Permitted Uses as listed in Exhibit C of PD-21 Development Standards Permitted Uses as listed in Divisions E, F, and G of the CZO Public Hearing Notices for P&Z and TC Meetings List of Property Owners within 200-ft Who Were Notified of this Request Letters of Opposition of 24-Hour Use Trophy Club Plaza Site Plan Trophy Club Plaza Tenant Hours of Operation for all Existing Tenants Excerpt of Planning & Zoning Commission Minutes – September 20, 2007 Ordinance 12 13 PERMITTED USES, EXHIBIT “C”, DEVELOPMENT STANDARDS 14 PERMITTED USES DIVISIONS E, F, AND G OF THE COMPREHENSIVE ZONING ORDINANCE 15 PERMITTED USES DIVISIONS E, F, AND G OF THE COMPREHENSIVE ZONING ORDINANCE (CONTINUED) 16 PERMITTED USES DIVISIONS E, F, AND G OF THE COMPREHENSIVE ZONING ORDINANCE (CONTINUED) 17 18 19 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: September 4, 2007 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ September 7, 2007 SUBJECT: PLANNED DEVELOPMENT AMENDMENT – PD-21 NOTICE OF PUBLIC HEARING TROPHY CLUB PLANNING & ZONING COMMISSION A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, September 20, 2007, to consider a request for Amendment to PD – Planned Development No. 21, also known as Trophy Club Plaza, By Amending the following sections of PD-21: In Exhibit “C” – “Development Standards”: “A. 1. (c) (ii) Other uses permitted” to allow a fitness/workout facility; and In Exhibit “C” – “Development Standards”: “B. 3. Hours of operation of uses” to allow 24- hour operation for the uses set forth by PD-21. Applicant/Owner: Regency Centers, LP. (PD AMD-07-024) 20 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: September 17, 2007 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ September 21, 2007 PLANNED DEVELOPMENT AMENDMENT – PD-21 NOTICE OF PUBLIC HEARING TROPHY CLUB TOWN COUNCIL A Public Hearing will be held by the Town Council of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Monday, October 1, 2007, to consider a request for Amendment to PD – Planned Development No. 21, also known as Trophy Club Plaza, By Amending the following sections of PD-21: In Exhibit “C” – “Development Standards”: “A. 1. (c) (ii) Other uses permitted” to allow a fitness/workout facility; and In Exhibit “C” – “Development Standards”: “B. 3. Hours of operation of uses” to allow 24-hour operation for the uses set forth by PD-21. Applicant/Owner: Regency Centers, LP. (PD AMD-07-024) 21 PROPERTY OWNERS (WITHIN 200-FT) WHO RECEIVED WRITTEN NOTIFICATION OF THIS REQUEST 22 Letters of Opposition 23 24 25 26 TROPHY CLUB PLAZA SITE PLAN [directional arrow on Site Plan is incorrect] 27 28 29 EXCERPT FROM PLANNING & ZONING COMMISSION MEETING MINUTES – SEPTEMBER 20, 2007 C.2 CONSIDERATION OF A REQUEST TO AMEND ORDINANCE NO. 1999-17 P&Z, TROPHY CLUB PLAZA, PLANNED DEVELOPMENT NO. 21 TO ALLOW A FITNESS/WORKOUT FACILITY, AND ALLOW 24-HOUR OPERATION OF USES FOR BUSINESSES IN THIS SHOPPING CENTER. APPLICANT: REGENCY CENTERS, L.P. (PD AMD-07-024) The applicant, Matt Booth, Regency Centers, asked that the Planning & Zoning Commission recommend approval of a fitness/workout facility to operate within the Tom Thumb anchored shopping center located at State Highway 114 and Trophy Lake Drive. The fitness facility will be located in Suite 128 which is approximately 3,387 sq. ft. The fitness organization is a 24-hour operation. Mr. Booth stated that the future tenant, Snap Fitness, is currently operating approximately 340 operations across the United States and they currently have 100% success rate, meaning none of their locations have closed. The 24-hour access is a marketing tool. Less than 1% of the members of the club work out between the hours of 11 p.m. and 5 a.m. The franchisee opening this location feels that they will have approximately 350 members. Secured card access is available to members only. During the early morning hours there are four to six video surveillance cameras monitoring the workout facility. The Chairman asked Carolyn Huggins for a staff report. Ms. Huggins noted a letter of opposition from Ms. Louise Carter, 2 Round Rock Ct., and also let the Commissioners know that she received two telephone calls from residents asking for information about this request but those two callers did not have an opinion for or against the project. Ms. Huggins passed out a list of operation of hours for all tenants in the Trophy Club Plaza shopping center and stated that she spoke with each of the tenants in the shopping center and found none who were opposed to this tenant or the 24-hour use. She also asked each tenant if they were interested in changing their hours of operation to 24-hours and she found none interested in that; all were happy with their current hours of operation. Chairman Hill made the following comments: “The applicant’s requested approval of an amendment to PD-21 to allow a fitness/workout facility as a permitted use in the PD is necessary because our ordinances and use tables require that a business be specifically identified as to type and the district classifications in which it would be permitted. Consequently, any business not specifically identified as a permitted use in the use tables is prohibited. The applicant is requesting that the proposed fitness/workout center be added to PD-21 as a “permitted use” in the Plaza Shopping Center. Further, a change is requested to the PD ordinance to allow any current or future tenant to have 24 hour operation.” 30 Chairman Hill further stated: “In my opinion, it is appropriate to amend PD-21 to allow the proposed fitness/workout center and to allow it to have 24 hour operation. However, I am reluctant to provide at this time a carte blanche approval to allow any current or future tenant to have 24 hour operation in the shopping center. The sole tenant who currently has 24-hour operation authorized (Tom Thumb grocery) has not seen sufficient demand to operate on this basis at the present time. Until and unless there is evidence of a need for hours of operation to be extended throughout the Plaza Shopping Center, I believe the Commission should limit any change in hours of operation to the current applicant’s request.” Vice Chairman Stephens agreed with Chairman Hill’s comments. He also asked if Tom Thumb was open for 24-hours for a while. Chairman Hill stated that when the PD was created the grocery store and its pharmacy was given 24-hour operation if they so desired. They opened for 24 hours initially but eventually reduced the hours to 6 a.m. to 1 a.m. Vice Chairman Stephens also pointed out that of the twenty-three (23) property owners notified of this request, only one response was received. Commissioner Reed stated that he concurred with Chairman Hill’s remarks and that he also didn’t agree with setting 24-hour operation carte blanche for anyone in the future, as those should be considered on a case-by-case basis. Commissioner Ashby also concurred. He believes that the 24-hour operation fitness center may make the same decision Tom Thumb did and reduce the hours. Vice Chairman Stephens asked if the parking lot is lighted all night or do they go off at 2 or 3 a.m.? Mr. Booth confirmed that the parking lot is lit all night with the lights programmed to shut off at sunrise. Chairman Hill asked if they plan to have employees in the facility for certain hours during the daytime when they might have more than occasional drop-ins. Mr. Booth responded that they plan to have at least one employee and possibly as many as three employees during normal operating hours. The Chairman stated that certainly there will be a need for periodic clean up and relocation of equipment back into racks. Mr. Booth stated that the owner is a hands-on operator and will be operating this location the majority of the time. Commissioner Ashby asked if there will be at least one Snap Fitness employee present 24-hours a day. Mr. Booth responded that there will not. There is 24-hour video surveillance. Mr. Ashby stated that a customer could fall over with a heart attack out of view of the video camera and no one would be able to help them. Mr. Booth stated they have quite a bit of monitoring equipment, as well as panic buttons and safety necklaces. Commissioner Ashby stated that he is concerned about life safety issues, especially in the middle of the night. Commissioner Sheridan asked where else Snap Fitness is located in the metroplex. Mr. Booth wasn’t sure but stated he would get back to the Commissioners with that 31 information. [The next day Mr. Booth emailed the following list to Ms. Huggins: Highland Village, Red Oak, McKinney, Midlothian; with plans to open soon in the following places: Garland, Little Elm, Princeton Prosper, Richardson, Frisco and Grapevine.] Commissioner Sheridan stated that for him the health safety issue is an individual’s responsibility until it impacts the Town’s Fire and Police Departments. Commissioner Sanchez is concerned about security with only video surveillance on site. Mr. Booth stated that it was a concern for Regency Centers, the leasing agent, as well, but they know it is a proven franchise that has been successful in other states and locations. Mr. Sanchez stated that this type of operation is unusual and he would prefer to hear a very clear statement from the owner/operator that this issue will be taken care of. Commissioner Sheridan asked if the Police and Fire Departments could have card access. Mr. Booth thought that could be arranged. Several Commissioners suggested a Knox Box for this facility rather than card access. [The next day Staff confirmed with the Fire Chief that this building has a Knox Box already in place.] Chairman Hill asked if the signage outlined in the handouts is in compliance with Town sign regulations. Mr. Booth stated that the signage in the handout is an example only. Ms. Huggins stated that a sign permit has been applied for and plan review is being done on that permit, but it appears that the sign is in compliance. Commissioner Ashby stated that there are awnings in some of the pictures and he wanted to be sure that awnings were not allowed in this PD. Ms. Huggins confirmed that awnings are not allowed and Mr. Booth confirmed that the picture with awnings was from a shopping center in a different Town and was included as an example only. As there were no further questions or discussion, Chairman Hill called for a motion. Commissioner Sheridan made a motion to recommend favorable approval to the Town Council for a fitness/workout facility use to be added to the permitted uses for PD-21 Trophy Club Plaza, and allow 24-hour use for this tenant, with the stipulation that a Knox Box be installed for this operation for Fire and DPS access. The motion was seconded by Commissioner Ashby. The motion passed unanimously 6-0. 32 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-_____ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #21, EXHIBIT C DEVELOPMENT SCHEDULE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD PLANNED DEVELOPMENT #21 FOR PROFESSIONAL, BUSINESS AND RETAIL USES TO ALLOW A FITNESS/WORKOUT FACILITY WITH 24-HOUR OPERATION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO PD PLANNED DEVELOPMENT #21 TO ADD A FITNESS/WORKOUT FACILITY TO THE LIST OF PERMITTED USES AND TO ALLOW TWENTY FOUR HOUR OPERATION OF THE FITNESS/WORKOUT FACILITY AND PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that certain tract of land (the “Land”), described as a 13.97 acre tract of land as PD Planned Development #21 for Professional, Business and Retail uses, said tract generally known as the Trophy Club Plaza and as described in Exhibit “A” attached hereto and incorporated herein; and WHEREAS, on July 18, 2000, the Town Council approved an amendment to PD Planned Development #21 to allow a Laundry and Dry Cleaning (on-site dry cleaning facility limited to Exxon DF0-2000) as a permitted use; and WHEREAS, on or about August 29, 2007, the owner of the Land filed an application with the Town Planning and Zoning Commission requesting an additional change in zoning to allow a Fitness/Workout Facility with 24-hour operation and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the “Comprehensive Zoning Ordinance”); and WHEREAS, all legal notices, requirements and conditions having been complied with, the proposed amendment to PD-21 came before the Planning and Zoning Commission and Town Council; and 33 WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the 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 PD Planned Development #21 and the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, 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 amending PD Planned Development #21 as set forth specifically below is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDING 2.01 Amendment. Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD #21, Exhibit “C” entitled Development Standards, 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 and the official Zoning District Map of the Town is hereby amended to reflect the following: A. Section A(1)(c)(ii). Section A(1)(c)(ii) of Exhibit “C” is hereby amended to add a Fitness/Workout Facility to the existing list of “Permitted Uses” as set forth below, with all other existing uses specified in Section A(1)(c)(ii) of Exhibit “C” being hereby ratified and affirmed: A. Purpose. 1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit “B”) (c) Permitted uses: “(ii) Other uses permitted include: ……. Fitness/Workout Facility” 34 B. Section B (3). Section B (3) of Exhibit “C” is hereby amended to be and read in its entirety as follows: B. Additional development standards applicable to this Planned Development District “3. Hours of operation of uses: Hours of operation for the uses set forth herein shall be from 6:00 a.m. to 11:00 p.m. except the Grocery Store, Pharmacy, and Fitness/Workout Facility shall be twenty four (24) hours. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. Hours of delivery services shall be from 6:00 a.m. to 6:00 p.m.” SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in this Ordinance, Ordinance No. 2000-14P&Z, Ordinance No. 99-17P&Z, the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. SAVINGS This Ordinance shall be cumulative of all other ordinances of the Town affecting PD Planned Development #21, the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not 35 affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 1st day of October, 2007. _____________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Lisa Ramsey, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _____________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 36 37 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be added to the permitted uses for this shopping center and to allow 24-hour operation for this business. Applicant: Regency Centers, L.P. (PD AMD-07-024) 38 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to future use, funding options, operation of, and repairs to Beck Park. EXPLANATION: The Baseball Association requested funds from EDC4A for the repair of Beck Field #4. The application is provided in the backup. EDC4A tabled this item at its September meeting in order to receive input from the Council on the status of Beck Park. Funding options include EDC4A funds for the reconstruction of Beck Field #4 and/or the use of park land funds for Beck Park. FEMA documentation has also been included. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Project Worksheet 2. Application for Funds 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.3 Discuss and provide direction relative to the Temporary Use Community Garage Sale Permit which was granted by the Town Council by Special Privilege on February 5, 2007. (Applicant: Trophy Club Women's Club) STAFF COMMENTS: The Trophy Club Women’s Club will hold a community-wide garage sale on October 20, 2007. Road construction on Trophy Club Drive, Timberline Dr. and Greenleaf Dr. will prevent those homeowners from participating in the garage sale from their garages and driveways. Staff is meeting with Trophy Club Women’s Club representatives to discuss a coordinated effort. The Planning & Zoning Commission unanimously made a motion to recommend approval of the request at their January 18, 2007 meeting. 90 91 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.4 Discuss and provide input regarding the following documents and matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and related improvements: A. Service and Assessment Plan for authorized public improvements B. Discussion of Parkland Improvements for the PID and related Town parkland improvements. C. Acquisition, Funding, and Construction Agreement D. Indenture of Trust for the proposed bond issuance to finance public improvements. E. Preliminary Limited Offering Memorandum EXPLANATION: Service and Assessment Plan. The current draft is the same as previously reviewed and is not included. Parkland Improvements. As previously discussed, the input received from the Attorney General was that additional information on the proposed parkland improvements would be required prior to the issuance of PID bonds. The park study being conducted by Carter and Burgess is not yet complete. At the October 1, 2007 meeting, additional information will be provided and a full discussion regarding the parkland improvements will be on the agenda. This item is added as a subtopic in order to allow staff to update Council. Acquisition, Funding, and Construction Agreement. This document was drafted by Bond Counsel, Lila Marsh and the redline comments are those of the developer. The primary topic for which staff seeks input on this item relates to security for the developer portion of the project and for cost overruns. The value of the dedications total $4,004,433, and the estimated cost to be borne by the developer for the public improvements is $2,013,876. Under the development agreement, the developer can receive payment on day one for half of the dedications, the remainder are drawn down pro rata until all projects are 75% complete. So, there is no security for cost overruns, and no security for developer portion after the project is 75% complete. This security can be 92 required in the Acquisition, Construction, and Funding Agreement. Staff has also discussed using the Subdivider’s Agreement to require the Developer to put up a letter of credit or cash escrow account for the developer’s portions of the improvements as the property is subdivided. Staff seeks Council direction. Indenture. This document was previously provided. Preliminary Limited Offering Memorandum. This document was not included in the previous Council packet. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. (A) Service and Assessment Plan for authorized public improvements 2. (C) Acquisition, Construction, and Funding Agreement 3. (D) Indenture of Trust for the proposed bond issuance to finance public improvements. 4. (E) The Preliminary Limited Offering Memorandum 93 (A) Service and Assessment Plan for authorized public improvements 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 C. Acquisition, Funding, and Construction Agreement 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 D. Indenture of Trust for the proposed bond issuance to finance public improvements. 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 C. The Preliminary Limited Offering Memorandum.) 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.5 Discuss and take appropriate action relative to a third party review of recent incidents surrounding the mayoral move, town manager conduct and resulting work environment. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Council member Wilson) Attachments: 1. None 326 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.6 Discuss and take appropriate action to nominate up to five people to be considered for the Denton County Appraisal District Board of Directors. EXPLANATION: Ms. Pearl Ford has expressed interest in serving as a Board of Director again. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Memo from Denton County Appraisal District 2. Nomination form 327 328 329 330 331 332 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.7 Discuss and take appropriate action relative to the Town of Trophy Club's vehicle usage and ride along policies. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Council member Moss) Attachments: 1. Town Manager Emmons’ email dated, September 13, 2007 2. Police Department General Manual, Section 13, Department Vehicle Use 3. Town Personnel Policy Manual, Section 205.04, Vehicle Use 4. Survey of surrounding cities ride out policies 333 334 335 336 337 338 339 340 341 342 343 344 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.8 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Items for future Agenda: 1. Review of the Property Maintenance Ordinance. Council member Cates 2. Discussion about storm water discharge from pools. Staff 3. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Mayor Sanders - Council member Cates 4. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. Town Manager Emmons – Fire Chief Thomas 5. Research grant possibilities regarding phase two street calming/sidewalks. Mayor Pro Tem Edstrom 7. Discuss and receive input regarding an Ordinance amending Chapter 11, Public Works, Article I, of the Code of Ordinances establishing guidelines for residential dumpsters. 8. Discuss and receive input regarding 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. 345 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.D.9 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 Manager's Report. (b) Report by Council member Wilson on grant writing seminar. Attachments: 1. None 346 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.E.1 Council to convene into executive session for Consultation with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (Govt. Code §551.071 [1] & [2]) and pursuant to Government Code §551.074(a) of the Texas Open Meetings Act, to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. The employment contract between the Town and Town Manager Brandon Emmons, duties, performance, evaluation, and terms of engagement. Attachments: 1. Town Manager Emmons’ Employment Agreement 2. Charter Section - 4.05 Powers and Duties of the Town Manager 3. Insert from November 6, 2006 Minutes 4. Insert from November 20, 2006 Minutes 347 348 349 350 351 352 353 Charter Section - 4.05 Powers and Duties The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to: (a) Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure compliance with the terms approved by Council; (b) Appoint, suspend and/or remove all or any one of the heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws and policies. The Town Manager may authorize any administrative officer subject to the Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (c) Direct and supervise the administration of all departments; (d) Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote; (e) Prepare a proposed budget annually and submit it to the Council; administer the budget of the Town; provide such operational and financial reports and analyses as directed by Council, by this Charter and as required by law; (f) Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy; (g) Provide staff support services for the Mayor and Council members; (h) Encourage and provide staff support for regional and intergovernmental cooperation; (i) Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community; (j) Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and, (k) Be the custodian of all municipal records of the Council and recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. 354 Insert from Minutes dated, November 6, 2006 D.9 Discuss and take appropriate action establishing the process to evaluate and administer performance reviews for Town Council appointed positions, specifically as it relates to the Town Manager duties, goals and objectives for the ninety (90) day evaluation. Mayor Sanders explained it was indicated during the interview process and included in the offer letter that Town Manager Emmons would receive a review and be eligible for a salary increase, which was budgeted at $8,300.00. The intent is for Council to conduct the review at the November 20th meeting, reviewing the goals and objectives identified on June 19, 2006 at his ninety (90) day evaluation. Sanders complimented Emmons on his skillful conduct in dealing with the MUD Directors, which was not on his list of things to accomplish and encouraged the Council to also look for areas to compliment Emmons on as well as improve. Sanders asked the Council what process they wanted to use to evaluate and that the review could be held in Executive Session. Town Manager Emmons’ preference is for the review to be conducted in Open Session as it holds him to a higher standard. Emmons mentioned the item tonight is to prepare the Council for the review. Mayor Sanders asked for review templates. Council member Sterling requested Emmons provided another list of goal and objectives on November 20th. Mayor Pro Tem Williams would like to see assessments from Emmons’ direct reports. Council member Lamont disagreed and does not believe that under links should dictate a supervisor’s performance. Council member Edstrom provided staff’s assessment of a supervisor is normal practice with 360 Reviews and happens frequently is big organizations. Mayor Sanders does not see a problem requesting input from his direct reports, they can quantify on a scale from 1 – 5 and can also remain anonymous. Sanders strongly encouraged staff speak to Emmons about any negatives. Insert from Minutes dated, November 6, 2006 D.12 Discuss and take appropriate action regarding the (90) day evaluation of Town Manager Emmons duties, goals and objectives. Mayor Sanders explained nine staff members were asked to rank the criteria Town Manager Emmons listed as his 90 days goals and objectives and provided a summary of responses to Council. Although there were nine responses, not all ranked each criterion. Sanders asked the Council to rank Town Manager Emmons, focusing on the eight items staff evaluated him on. Sanders explained that discussion like this could be posted as an Executive Session, however both he and Emmons agreed it was best discussed in open session. 355 Sanders asked Town Manager Emmons to email Council another set of goals and objectives along with information on his accomplishments over the last five months. Town Manager Emmons listed the following as his accomplishments: Administrative o Hired new Managers for Police, Fire, and Finance Departments o Implemented new organizational chart and reporting structure o Evaluated current economic development efforts and Business outreach Fiscal management: o Identified cost savings measures in utilities (est. $10k in telecommunications). o Implemented new oversight procedures for expenditures o Instituted a revised p-card reporting procedure o Identified improvements to budget reporting o Started discussions of cost allocation o Separation of extraordinary expenses Intergovernmental Relations: o Represents the Town in a regional setting o Attends and participates in monthly meetings for Northwest Communities Partnership o Attends and participates in monthly Master District meetings o Represents Town Administration at P&Z, Parks, ZBA, and EDC meetings o Meets with surrounding Town Managers on a regular basis to discuss area issues o Routinely meets with NISD Town Manager Emmons spoke to his future goals regarding staff’s evaluation and areas requiring improvement; team-work which will require a concerted effort from all members in order to improve. Emmons also plans to: Strategic Planning: o Coordinate a series of Council planning retreats o Develop the framework for long-term planning document Development and Growth: o Formulate the contract documents for utility services with the MUD o Continue exploring alternative water sources o Begin annexation of ETJ o Work with Centurion on construction of infrastructure, including water tank Administrative: o Present a balanced budget with no proposed tax increase 356 o Create a cost accounting system for budgeting Roger Unger, 102 Carnoustie – Commented Emmons began his employment having to hire two major positions and right at the start of development on 1,000 acres of land. Mr. Unger enjoyed working for Emmons and feels he is very knowledgeable and is the right chief operating Administrator for the Town. Council ranked Emmons and provided comments on each item listed on the evaluation. Council member Cates believes Emmons has done an outstanding job improving the Towns image. Mayor Pro Tem Williams is very pleased with the way Emmons took Council’s direction regarding the budget and appreciated being presented a balanced budget. Council member Edstrom feels Emmons has done a good job and sees a significant change in the communication between the Chairs of the Advisory Groups, Boards and Commissions. Council member Sterling feels approachability is Emmons number one asset and would appreciate being presented a balanced budget at the beginning of the next budget process. Sterling added that an effort on behalf of the Council needs to put forth to contact Town Manager Emmons first on issues rather than the staff members. Council member Lamont respects Emmons attendance at meetings and his oversight in providing the Minutes of the Boards and Commission meetings. Mayor Sanders said Emmons accomplishment of the MUDs acceptance of the contact from Centurion was monumental and significant; the MUD Directors respect Emmons’ knowledge. Sanders praised Emmons leadership and expense savings during the budget. Sanders appreciates Emmons attendance at all of the meetings and his availability when taking phone calls. Sanders finds Emmons receptive to suggestions and strongly encouraged staff talk to him about their comments as provided in their evaluations Town Manager Emmons salary was budgeted for an increase of $8,300.00 upon his completion of 90-days. With this increase his salary would be 110,300.34. Motion made by Williams, seconded by Sterling to approve the new salary. Motion passed unanimously without further discussion. Town Manager Emmons thanked the Council for their comments, both praise and recommendations for improvements. 357 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to the employment contract between the Town and Town Manager Brandon Emmons, duties, evaluation, performance, and terms of engagement. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 358 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-1-2007 Subject: Agenda Item No.F.1 Adjourn.