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
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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.
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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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-1-2007
Subject: Agenda Item No.A.2
Invocation.
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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."
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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
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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
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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
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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.
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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.”
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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
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PERMITTED USES,
EXHIBIT “C”, DEVELOPMENT STANDARDS
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PERMITTED USES
DIVISIONS E, F, AND G OF THE COMPREHENSIVE ZONING ORDINANCE
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PERMITTED USES
DIVISIONS E, F, AND G OF THE COMPREHENSIVE ZONING ORDINANCE
(CONTINUED)
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PERMITTED USES
DIVISIONS E, F, AND G OF THE COMPREHENSIVE ZONING ORDINANCE
(CONTINUED)
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: 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)
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Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: 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)
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PROPERTY OWNERS (WITHIN 200-FT) WHO RECEIVED WRITTEN NOTIFICATION
OF THIS REQUEST
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Letters of Opposition
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24
25
26
TROPHY CLUB PLAZA SITE PLAN
[directional arrow on Site Plan is incorrect]
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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.”
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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
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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.
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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
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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”
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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
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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)
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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
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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.
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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
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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
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(A) Service and Assessment Plan for authorized public improvements
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C. Acquisition, Funding, and Construction Agreement
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D. Indenture of Trust for the proposed bond issuance to finance public
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C. The Preliminary Limited Offering Memorandum.)
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 10-1-2007
Subject: Agenda Item No.F.1
Adjourn.