Agenda Packet TC 05/18/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, May 18, 2009
6:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Section 551.071 (1) and (2) "Consultation With Attorney," in order to
seek the advice of its attorney as follows:
A. Legal advice relative to Cause No. 2009-40021-362, Trophy Club Municipal Utility
District No. 2 v. Town of Trophy Club, pending in the 362nd District Court of
Denton County, Texas, including the Intervention into the lawsuit by MUD1,
pending Declaratory Judgment suits filed by MUD1 and MUD2, pending appeals,
and potential settlement of same.
A.3 Discuss and take appropriate action relative to Executive Session Item Number
A2.
B.1 Invocation.
B.2 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,
one and indivisible."
C.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
April 6, 2009.
C.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
April 20, 2009.
C.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
May 6, 2009.
D.1 Public Hearing for a proposed Zoning Change from "R-15" Single Family
Residential to "R-12" Single Family Residential for an approximate 2.300 acres
located where Ridge View Lane dead ends into vacant land just north of the
intersection of Skyline Drive and Ridge View Lane, Requested by Jacobs
Engineering Group, Inc., on behalf of BDMR Development, LLC (ZCA-09-015)
1
D.2 Public Hearing regarding proposed changes to the Town of Trophy Club Code of
Ordinances, Comprehensive Zoning Ordinance, Supplementary District
Regulations, Section 5.03 "Accessory Structures and Uses" including without
limitation, amending and adopting new regulations affecting accessory
structures, and affecting locations of flagpoles. (ADM-09-002)
E.1 Discuss and take appropriate action regarding an Ordinance amending
Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning
Ordinance of the Town, to change the zoning from "R-15" Single Family
Residential to "R-12" Single Family Residential for an approximate 2.300 acres
located where Ridge View Lane dead ends into vacant land just north of the
intersection of Skyline Drive and Ridge View Lane and amending the Official
Town Zoning Map to reflect the zoning change to R-12 Single Family Residential.
(Requested by Jacobs Engineering Group, Inc., on behalf of BDMR
Development, LLC -- ZCA-09-015)
E.2 Discuss and take appropriate action regarding an Ordinance amending
Subsection A(1)(b)(vi), Subsection A(1)(c) and Subsection D of Section 5.03
"Accessory Structures and Uses" of Article V "Supplementary District
Regulations", of Chapter 13 "Zoning" of the Code of Ordinances of the Town ,
including without limitation, amending and adopting new regulations affecting
accessory structures, and affecting locations of flagpoles. (ADM-09-002)
E.3 Discuss and take appropriate action regarding an ordinance canvassing the
returns and declaring the results of the Joint General and Joint Special Election
held on May 9, 2009.
A. Discuss and take appropriate action regarding an Ordinance putting the Home Rule
Charter Amendments from the May 9th 2009 Joint General and Joint Special
Election into effect.
E.4 Outgoing remarks by Mayor Sanders.
E.5 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election from the Mayor to Incoming Council
Members.
E.6 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. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
2
E.7 Opening remarks by Mayor White and comments from incoming members of the
Town Council.
E.8 Discuss and take appropriate action to approve an amendment to the Bank
resolution naming authorized representatives on First Financial Bank accounts.
E.9 Items for Future Agenda.
F.1 Adjourn.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(lh)
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.A.2
Council to convene into executive session pursuant to Texas Government
Code, Annotated, Section 551.071 (1) and (2) "Consultation With Attorney,"
in order to seek the advice of its attorney as follows:
A. Legal advice relative to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals, and potential settlement of same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.A.3
Discuss and take appropriate action relative to Executive Session Item
Number A2.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.B.1
Invocation.
Mayor Pro Tem Sterling will offer the Invocation.
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.B.2
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, one and indivisible."
Council member Edstrom will lead the Pledges.
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.C.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, April 6, 2009.
EXPLANATION:
Item D.4 has been revised to reflect that accurate vote of Council member Wilson.
D.4 Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for Community Oriented Policing (COPS)
Initiative Program for the 2009-2010/ 2010-2011 and 2011-2012 fiscal years,
designating the Town Manager as the authorized official for the Town with the
authority to execute all necessary documents.
Motion passed 4:1, with Wilson abstaining opposing.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated April 6, 2009
9
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 6, 2009
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, April 6, 2009. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 6:00 p.m.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:02 p.m.
EXECUTIVE SESSION (6:00 – 7:00 p.m.)
A.2 Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
regarding the annual evaluation of the Town Attorney and Section 551.071
(1) and (2) "Consultation With Attorney," in order to seek the advice of its
attorney as follows:
10
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 7:12 p.m.
*REGULAR SESSION
B.1 Council member Strother offered the Invocation.
B.2 Mayor Pro Tem Sterling led the Pledges.
B.3 Citizen Presentations:
Chuck Hall, 4 Shady Oaks Court – Submitted a letter to be read into the record. Mr.
Hall requested the bushes on the median at Indian Creek and Shady Oaks be removed
as it impairs visibility and is a safety issue.
Dave Edstrom, 269 Oakhill Drive – Requested the Town Council’s help to ensure
residents have correct information so residents will understand the need to vote yes on
Proposition # 2 for the Town to assume the powers, duties, assets and obligations of
MUD 2 without any further delay.
Mayor Sanders introduced Kathy DuBose, Finance Director. Town Manager Emmons
stated that Ms. DuBose started three weeks ago and comes highly decorated with a
vast amount of financial experience.
The Council considered the Consent Agenda prior to the Annual update and
presentation by the Park Board.
B.4 Annual update and presentation by the Park Board; discuss and take
appropriate action regarding same.
Park Chair, J.D. Stotts announced a quorum of the Park Board.
Chair Stotts began the presentation by listing the current and future Park Board projects
and programs, events and operations.
11
Council member Edstrom expressed her pride in the Park Board and Park Staff for all of
their hard work on Trophy Club Park.
Park member and Chair of Park Facility Sub-Committee, Larry Lentzner thanked the
Mayor and Council for the Park Board’s opportunity. Mr. Lentzer thanked the Council
for their foresight several years ago with the Park and described the amenities that will
be geared to the children.
Council member Edstrom appreciated Mr. Lentzner’s enthusiasm and commitment.
J.D. Stotts thanked all the residents who showed up to hear the presentation. Mr. Stotts
spoke about the Amenity Lakes and Trail System currently being constructed.
Council member Moss thanked the Park Board for their service and stated that he is
proud of the progression and enthusiasm.
Council member Wilson stated that the Board’s plan is something the Council needs to
hear going into the budget season. Wilson is excited about the trails, which will be a
premier amenity for the school and will be a significant attraction. The Town was built
on volunteers and she is glad to be associated with the Park Board.
Town Manager Emmons confirmed that the sign ordinance will need to be amended to
accommodate the Park Board’s suggestion on advertising.
Chair Stotts adjourned the Park Board quorum.
Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Items
C.1 - C.11.
Motion passed unanimously without any discussion.
C.1 Consent Agenda: Discuss and take appropriate action regarding the
approval of the Subdivider's Agreement for an 11.047 acre tract of land
known as The Highlands at Trophy Club Neighborhood 2, Phase 2H.
C.2 Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the Byron
Nelson High School Resource Officer Program for the 2009-2010 fiscal year
and designating the Town Manager as the authorized official for the Town.
C.3 Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the
extension of the current School Resource Officer Program for the 2009-
2010 fiscal year and designating the Town Manager as the authorized
official for the Town.
12
C.4 Consent Agenda: Discuss and take appropriate action to approve an
amendment to the Bank resolution naming authorized representatives on
First Financial Bank and Texpool signature accounts.
C.5 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. February 2009
C.6 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 26, 2009.
C.7 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 2, 2009 Joint Session.
C.8 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 2, 2009.
C.9 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 1, 2009.
C.10 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 2, 2009.
C.11 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 9, 2009.
End of Consent
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding issues related to the May 9,
2009 election, including the voter's guide, ballot order, and candidate's
forum.
Town Manager Emmons explained the Voter’s Information Guide handed out for
Council’s reference. Emmons said that there are restrictions on how Staff explains the
guide in order not to be accused of using municipal funds to sway the public’s vote.
Council member Wilson asked if the territory under Proposition #1 could be clarified and
tagged so a voter could actually see what they are voting on.
Pearl Ford, 2 Spring Creek Court – Questioned why the document was not included in
the packet.
13
Council directed Staff to print Draft copies of the Voter’s Guide. Council will send
revisions to Town Attorney Adams and Town Manager Emmons by Wednesday, April
18, 2009 at Noon. Upon review of the revisions, the updated Guide will be posted to the
website and announced in the Listserv.
Council member Strother agreed to represent the Town at the Candidate Forum
regarding the Town’s Proposition #2.
D.2 Discuss and take appropriate action regarding the acceptance of the fiscal
year audit ending September 30, 2008 for the Town of Trophy Club.
Town Manager Emmons introduced John DeBurro, Senior Manager and Shawn Parker,
Managing Partner from Weaver and Tidwell, L.L.P.
John DeBurro presented and praised the Town on receiving an unqualifying opinion. Mr.
DeBurro explained the report and their consideration of the Town’s internal controls
over financial reporting and the compliance tests with certain provisions of laws,
regulations, contracts and grants.
Council member Wilson requested that Town Manager Emmons bring forth suggestions
on how to improve the deficiencies noted in the report.
Shawn Parker, Managing Partner, said that the remaining fund balance is very healthy.
The significant deficiency noted is a common one and typical due to the law change
several years ago.
Mayor Sanders confirmed that Mr. DeBurro did not tell Town Manager Emmons
anything that was not documented in the audit.
Town Manager Emmons said the Management Discussion and Analysis is a narrative of
what is found in the Financial Statements.
Financial Highlights:
• Assets exceeded liabilities by over $35 million
• Net Assets increased by $21 million
• At year end, unreserved fund balance was $1,830, 233
Budgetary Highlights:
• Revenues - Budget was reduced by $26,000
• Expenses - All were under budget except Streets, the Street Department was
over by approximately $50k, but that was a result of the Interlocal Agreement
with Tarrant County for street repairs.
Net Positive impact of $448,073
14
Motion made by Edstrom, seconded by Sterling to accept the fiscal year audit ending
September 30, 2008 for the Town of Trophy Club.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding concerns expressed at the
March, 2009 Council meeting about Town Financials and financial
solvency, including discussion and action on a report on the budget
contingency plan and the current financial position of the Town.
No action taken, discussion only.
D.4 Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for Community Oriented Policing
(COPS) Initiative Program for the 2009-2010/ 2010-2011 and 2011-2012 fiscal
years, designating the Town Manager as the authorized official for the
Town with the authority to execute all necessary documents.
Town Manager Emmons said the grant is part of the Reinvestment Act and the grant will
fund salary and benefits at 100% for the officer. The Town will fund testing, uniforms
and equipment providing the employee remains employed with the Town for at least
four years.
Council member Edstrom said the timing is perfect considering the projected budget
presented last year communicated the need for a new officer beginning in 2010-11.
Mayor Sanders said approval of the Resolution provided Staff the authority to submit
the grant, and does not obligate the Town to accept the funds.
Motion made by Edstrom, seconded by Strother to approve a Resolution approving the
submission of the grant application for Community Oriented Policing (COPS) Initiative
Program for the 2009-2010, 2010-2011 and 2011-2012 fiscal years, designating the
Town Manager as the authorized official for the Town with the authority to execute all
necessary documents.
Council member Wilson questioned the cost. Mayor Sanders stated the cost of four
officers over a three-year period is approximately $250,000.
Mayor Pro Tem Sterling favored applying for the Grant.
Council member Strother clarified that approval only authorizes Staff to submit
application and does not obligate the Council to anything more.
15
Mover and second modified the motion to change the second whereas clause from
three to four officers.
Motion passed 4:1, with Wilson opposing.
D.5 Receive and discuss the 2008 Volunteer Citizen of the Year Committees'
recommendation, and take appropriate action as necessary.
Council member Edstrom requested Council consider deferring the item until the April
20 meeting when Council is scheduled to announce the recipients’ names. Council
member Edstrom said dealing with the item now lessens the excitement when Council
makes the actual announcement.
Citizen of the Year Committee (COYC) representatives Pearl Ford and Peggy Sweeny
addressed the Council. The COYC requested the Council to consider expanding the
Teenage Category to include a Youth Category for the eligibility for children under the
age of twelve.
The COYC discussed the categories for each nominee; agreeing that some nominees
were submitted in a category not applicable to the definition for that category.
The COYC also requested Council provide direction to the Committee’s obligation to
recommend a recipient in a particular category, should the nominees not meet the
criteria for the category they were nominated.
Mayor Pro Tem Sterling suggested that the category be left blank on the nomination
form, leaving the Committee to designate the category.
Motion made by Moss, seconded by Sterling to receive 2008 Volunteer Citizen of the
Year Committees' recommendation.
Motion passed 4:1, with Wilson abstaining.
D.6 Discuss and take appropriate action regarding the Second Modification to
the Funding and Development Agreement between the Town of Trophy
Club, Texas and Centurion Acquisitions for Road and Utility Improvements
for Northwest Parkway (Bobcat Blvd.)
Motion made by Edstrom, seconded by Sterling to approve the Second Modification to
the Funding and Development Agreement between the Town of Trophy Club, Texas
and Centurion Acquisitions for Road and Utility Improvements for Northwest Parkway
(Bobcat Blvd.)
Edstrom amended the motion correcting Section 3.03, the second agreed.
16
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding the Town's Absorption Plan
for MUD 2.
Town Manager gave a brief presentation regarding the Town’s Absorption Plan.
Mayor Sanders explained that the Consolidation Task Force (CTF) assumed that the
Town would try to equalize the Fire Tax. If the Town assumed the MUD2 debt and
spread it equally among all residents then MUD1 residents would be penalized.
Looking at all options, Town Manager Emmons’ presentation would be a solution.
Sanders stated that the Council is still researching Tax Increment Financing (TIF).
Mayor Pro Tem Sterling requested the presentation be placed on the Town’s website,
with two links titled: How will it affect me if I live in MUD1 and the other How will it affect
me if I live in MUD2?
Council member Edstrom said this would be an appropriate introduction to Council
member Strother’s speech at the forum next week.
MUD2 Director, Jim Thomas, 7 Meadowbrook Lane - Questioned if the Town could
create a Fire District without an election. Mayor Sanders responded that an election
would be necessary.
MUD1 Director Jim Hase, 209 Inverness Drive – Stated that water billing for MUD2 is
two million dollars. The Town is looking at an increase of one third in order to recover
that amount.
Council member Wilson said the presentation contained some creative language and
she would like certain sections of Mr. McLain’s Report included. Wilson said that while
McLain’s Report cited bad governance, Mr. McLain’s recommended that at minimum
was to consolidate MUD1 and MUD2. Wilson encouraged citizens to refer to page
seven of the McLain report.
Council member Strother confirmed that the presentation language was taken directly
from McLain’s report. Strother clarified that the McLain report did not provide one
definite recommendation and rather presented four different scenarios and the impact of
all four scenarios.
Council Member Edstrom stated the Town is not touching MUD1 and although water
rates may increase, the tax rate was decreased which will create an offset.
Pearl Ford, 2 Spring Creek Court – Asked if the presentation had been cleared with the
Bond Council.
17
Mayor Sanders responded that Staff is researching options to back the bonds.
Roger Williams, 215 Phoenix Drive – Commented that the MUD Directors are insincere
since they dismissed Mr. McLain’s report to the extent of being rude to Mr. McLain. Yet
now, the MUD Directors are hanging their hats on McLain’s remarks. Council member
Wilson interjected and Mr. Williams responded that Wilson was at that meeting. Council
members Moss and Edstrom called point of order.
Mayor Sanders called point of order.
Council member Wilson stated that she is hanging her hat, bows and whistles on Mr.
McLain’s report per Mr. Holifield’s review of the Town’s governance issues.
Council directed Town Manager Emmons to work with Staff to place the presentation on
the website.
MUD1 Director, Jim Hase said this was based on the numbers provided by Town
Manager Emmons.
Town Manager Emmons stated that the 1.8 million dollars is based on the final report
created by the CTF and the MUD Directors. Emmons stated that the MUD1 Directors
voluntarily pulled out the contribution paid by Solana and that there will only be a debt
service in MUD1 for water and wastewater. Emmons said the original document to the
CTF was the best route at the time presented; however, concerns regarding double
taxing MUD1 by redistributing the MUD2 Debt have been raised.
Council member Edstrom reiterated the Town’s plan does not include any changes to
MUD1 and the 1.8 million dollars revenue from Solana does not come in to affect and is
mute at this point.
Mayor Sanders recognized Bill Rose, 219 Inverness, MUD2 Director Jim Thomas and
MUD1 Director Jim Hase.
Mayor Sanders clarified that should the Fire District go forward, the Council would
govern as they have in the past.
MUD1 Director Connie White, 119 Trophy Club Drive – Stated that the CTF report was
generated based on the assumptions provided to the task force. White asked when the
Town planned to hold an election for the Fire District and stated it would only create
more governance issues.
MUD1 Director, Jim Hase – Stated if the Town takes over MUD2, the Town would incur
the note as well. Town Manager Emmons responded that the funds have not been
expended.
18
Mayor Sanders said that they would use reserves until potentially November, at which
time the Town would call an election.
Council member Wilson said that MUDs allowed the Council to participate in the CTF at
the Council’s request. Wilson said that she, Council member Strother and Town
Manager Emmons put in a lot of hours, and she takes personal offense to the criticism
and demeaning comments regarding the work of the CTF and that it is disrespectful to
the elected officials and Town Manager Emmons who served on the Task Force.
Motion made by Edstrom, seconded by Sterling to approve the proposed plan of action
should Proposition #2 pass with the addition that Council member Strother and Town
Manager Emmons work together to address the questions brought forth.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action relative to Executive Session Item
Number A2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
No action taken.
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
Peggy Sweeny, 51 Meadowbrook Lane asked the status of the lawsuit.
Town Attorney Patricia Adams advised that the Fort Worth Court of Appeals sent letters
to the MUDs expressing concern regarding whether the Court had jurisdiction over the
pending appeal. MUD1 lawyer Bruce James is lead legal counsel and filed a response
to the Court's letter on April 1, 2009. The Town should have an indication within the
next seven to ten days with regard to how the Court will proceed. The MUD brief is due
April 11, 2009. After the MUD brief is filed, the Town will have twenty days to file its
brief. After the Town files its brief, the MUD has approximately eight to ten days to file a
responsive brief; however, the Court of Appeals can go ahead and rule before the
second MUD brief is submitted.
No action taken.
19
D.9 Items for Future Agenda.
Council member Wilson moved #1 to the April 20 meeting, address solutions to the
culvert issues at Skyline Park.
1. 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 - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east
side and conversations with TXDOT, and discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
6. Council to announce the 2008 Citizen of the Year. (April 20)
7. Discuss and take appropriate action regarding a Library Focus Group or other
plan for exploring options and compiling data for a future library. (Wilson)
8. Discuss and take appropriate regarding a TIF as it relates to taking over
MUD2. (Mayor Sanders)
E.1 Adjourn.
Motion made by Wilson, seconded by Sterling to adjourn. Meeting adjourned at 10:49
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
20
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.C.2
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, April 20, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated April 20, 2009
21
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 20, 2009
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, April 20, 2009. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem arrived at 6:12 p.m.
Susan Edstrom Council Member
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 6:04 p.m.
Mayor Sanders advised that Mayor Pro Tem Sterling would be late.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 6:06
EXECUTIVE SESSION (6:00 – 7:00 p.m.)
A.2 Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
regarding the annual evaluation of the Town Secretary and Section 551.071
22
(1) and (2) "Consultation With Attorney," in order to seek the advice of its
attorney as follows:
A. Lisa Hennek, Town Secretary Annual Evaluation (Section 551.074
(a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 6:40 p.m.
*REGULAR SESSION
Council recessed until 7:00 p.m.
B.1 Council Member Jim Moss offered the Invocation.
B.2 Webelos Pack 328, Phoenix Patrol led the Pledges.
The Phoenix Patrol, Pack 328, Trophy Club/Roanoke was represented by the following:
Chance Martin
Daniel Rutledge
Grant Merritt
Marshall Smith
Tyler Pickup
Spencer Klaviter
Jackson Devlin
B.3 Citizen Presentations:
Jim Parrow, 8 Brookfield Court - Requested an exemption to the pool back wash
Ordinance.
John Klauss, 23 Hillside Place – Addressed the Council regarding the erosion of
Harmony Park’s appeal and landscape.
Neil Twomey, 203 Oakmont – Addressed the Council regarding the Town Plan to
dissolve MUD2.
23
C.1 Discuss and take appropriate action regarding the 2008 Volunteer Citizen
of the Year Committees' recommendations.
Mayor Sanders presented certificates to each of the following nominees:
Laura Venator
Rick Gilliland
Jackie Stevens
Lou Hocker
Wendy Moss
Alyssa Edstrom
At their April 6, 2009 meeting the Town passed the following motion:
Motion made by Moss, seconded by Sterling to receive 2008 Volunteer Citizen of the
Year Committee's recommendation.
As recommended by the Citizen of the Year Committee, Mayor Sanders recognized the
following as recipients of the 2008 Citizen of the Year Award:
Philanthropic Category – Wendy Moss
Philanthropic Volunteer Citizen of the Year – recognized for their outstanding work
with a non-profit organization (for example: raising funds, coordinating philanthropic
events for the organization, overseeing distribution of funds, etc.)
Civic Category – Rick Gilliland
Civic Volunteer Citizen of the Year – recognized for their outstanding work in
schools, local government, parent teacher organizations, Boy Scouts of America,
Girl Scouts of America, 4H Clubs, etc.
Teenage Category – Alyssa Edstrom
Teenage Volunteer Citizen of the Year – a citizen between the ages of 12 and 18
who made a difference in our community or schools.
C.2 Discuss and take appropriate action regarding a Proclamation declaring
May 7, 2009 as Day of Prayer in Trophy Club.
Mayor Pro Tem Sterling read the Proclamation.
Motion made be Edstrom, seconded by Strother to approve the Proclamation declaring
May 7, 2009 as Day of Prayer in Trophy Club.
Irma Thomas announced that National Day of Prayer will be observed at the Clock
Tower on Thursday, May 7, 2009 at 12:00 p.m. In case of rain, the observance will be
moved across the street to the Methodist Church's sanctuary. Mrs. Thomas said that
there will be another service at 7:00 p.m. and will be led by youth.
Motion passed unanimously without any discussion.
24
C.3 Discuss and take appropriate action regarding a Proclamation for Arbor
Day 2009 including the Arbor Day Event festivities.
Mayor Pro Tem Sterling read the Proclamation.
Motion made be Wilson, seconded by Edstrom to approve the Proclamation for Arbor
Day 2009 including the Arbor Day Event festivities.
Motion passed unanimously without any discussion.
Adam Adams, Parks and Recreation Director said the festivities will begin at 2:00 p.m.,
with bounce houses and live music.
C.4 Presentation by Police Chief Kniffen regarding the Police Department's
Five-Year Plan; discuss and take appropriate action regarding same.
Police Chief Kniffen acknowledged his staff that helped create the plan.
Council member Moss said that this is an excellent plan. Council member Strother
commented that the Plan will be amended based on the Town’s growth and population,
and thanked the Chief for the work the staff put into the Plan creation.
Mayor Sanders complimented Chief Kniffen and his staff
Town Manager Emmons advised that the Plan will be placed on the website as received
by Council.
Bill Rose, 219 Inverness – Commented that the Plan was excellent work.
C.5 Discuss and take appropriate action regarding a Resolution amending
Resolution 2008-23 appointing two new members to serve on the Tree
Board.
The Town Council approved Ordinance 2009-04 on February 16, 2009, repealing and
adopting a new Article VIII entitled “Tree Preservation and Removal” of Chapter 12 of
the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.02 “Tree Board”,
which allowed two additional members to be appointed to serve on the Tree Board.
Melissa Boclair and Sheila Lacher applied for annual appointments in September and
have expressed continued interest to serve.
Motion made by Wilson, seconded by Edstrom to appoint Melissa Boclair and Sheila
Lacher to the Tree Board for a two-year term expiring in 2010.
25
Motion passed unanimously without any discussion.
C.6 Discuss and take appropriate action regarding a notice from the Public
Utility Commission of Texas for a Consumer Price Index Adjustment to
Municipal Telecommunications Right-of Way Access Line Rates.
Town Manager explained that in order to accept the new Consumer Price Index
Adjustment (CPI) adjusted 2009 rates, no action is required. In order to decline the CPI
adjusted rates, Council must take action to do so and advise the Public Utility
Commission (PUC.)
No action taken, Council accepted the new CPI adjusted 2009 rates.
C.7 Discussion of drainage ditch that runs between Village Trail and Lakeshore
Drive and consideration of improvements for area to create a linear park;
take appropriate action as necessary.
Town Manager Emmons stated that Teague Nall and Perkins completed a survey
several years ago, and noted that the area was not large enough to be a linear park.
Town Manager Emmons provided the maintenance schedule.
Mayor Pro Tem Sterling suggested researching smaller ways to mitigate some of the
damage.
Council member Wilson encouraged a Town wide survey and requested that the Town
ask the MUDs to help and suggested a possible bond election.
Council member Strother commented that staff could probably handle the gabions in
stages and suggested that the Town contact the school to see if they might be
interested in helping.
Mayor Sanders clarified Council member Wilson’s request to initiate an online survey.
Greg Lamont, 15 Avalon Drive – Stated the $1.7 million to fix the ditch was too much
and utilizing better maintenance may help.
Council member Edstrom read the maintenance schedule and maintenance actually
preformed. Based on the strategic planning and consideration of bond issues, Council
has to decide which issues take priority.
Council members Wilson and Edstrom would like to have the report placed online,
announced on the marquees and in the listserv.
26
C.8 Discuss and take appropriate action regarding the date for the first regular
Town Council meeting in May.
Early Voting will be conducted in the Council Chambers April 27, 2009 through May 5,
2009. Given the number of eSlate Voting Machines and Election set-up, staff requested
the Town Council consider rescheduling the May 4, 2009 meeting to Wednesday, May
6, 2009.
Noting no schedule conflicts the May 4, 2009 meeting was moved to May 6, 2009.
C.9 Receive a progress report on the Highlands of Trophy Club Public
Improvement District #1, discussion and appropriate action regarding
same.
Town Manager Emmons provided an update on the Highlands of Trophy Club Public
Improvement District #1.
No action taken.
C.10 Discuss and take appropriate action regarding the possible formation of a
bond or finance committee to address funding of park improvements
and/or other financing options.
This Item was requested by Council member Wilson. Council member Wilson deferred
to J.D. Stotts.
J.D. Stotts, 1 Narrow Creek Court – Asked Council to consider forming a park bond
committee for the potential November Bond Election. Mr. Stotts said he felt confident
that a small park bond would receive a majority of citizen’s support if organized
properly. It would allow the Town to complete Northwest Park in a way all residents
could all be proud of and help meet many of our park plan goals, as well as encouraging
further retail and residential development.
Council member Wilson thanked Mr. Stotts for his presentation.
Council member Strother clarified that Mr. Stotts was not requesting Council action at
this meeting and suggested future discussion of an exploratory committee that would
provide updates to the Council.
C.11 Discuss and provide direction to Town Manager Emmons regarding budget
cutbacks, nonessential employees/duplicated job tasks.
Item was requested by Council member Wilson.
27
Town Manager Emmons gave a presentation regarding mid-year Revenue and
expenditure projections. Town Manager Emmons said the presentation was a
cooperative effort between himself, Kathy DuBose, and Stephen Seidel. Emmons said
this presentation will be posted to the website tomorrow.
Council member Edstrom commended Staff for coming to Council and advising them of
the potential issues.
Council member Wilson called point of order as she felt Council member Edstrom was
politicizing. Wilson asked for Council’s support directing Town Manager Emmons to
look at and make decisions about some big ticket, management positions.
Town Manager Emmons explained that as public servants we are here to serve the
public. Emmons said that there were three administrative positions when he started:
Assistant Town Manager/Finance Director, Community Development Director and one
person dedicated to the Finance department. The Assistant Town Manager position
has been funded for eight years and is a needed position as it ensures that all
administrative functions are being met.
Council member Edstrom confirmed that jobs approved in the FY 08-09 Budget have
not been filled. Town Manager Emmons said the permit clerk was cut for cost savings.
Only 10 employees have been added in the last three years, yet the work load has
increased tremendously.
Mayor Pro Tem Sterling does not think that the Assistant Town Manager position is the
position to cut.
Council member Wilson would like a copy of the 2009-10 salary as she received last
years. Wilson said that we need another Code Enforcement Officer, the new Finance
Director has experience in city management.
Mayor Sanders stated that the Charter is specific about the Town Manager’s role and
responsibility and Council getting close to crossing the line into personnel issues.
Sanders said that Emmons provided a very detailed presentation and agreed that was
not an appropriate discussion for a Council meeting.
Town Manager Emmons said he does not understand why one position should be cut in
order to hire another position. As the Town Manager, he has been paid to do a job, and
is clearly directed by the Charter to manage personnel.
Council member Wilson stated that she still believes that the organization is
administratively top heavy.
Council member Edstrom stated that while Council may express an opinion, according
to Section 3.2 of the Charter, Council should not get into the day to day operations..
28
No action taken.
C.12 Discuss and take appropriate action relative to Executive Session Item
Number A2.
A. Lisa Hennek, Town Secretary Annual Evaluation (Section 551.074 (a)(1))
No action taken.
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
Peggy Sweeney 51 Meadowbrook Lane – Asked for an update on the lawsuits.
No action taken.
C.13 Items for Future Agenda.
Mayor Sanders reworded Item #6.
Council Member Edstrom added an item regarding a celebration for the opening of the
Byron Nelson High School and suggested the School District make a presentation.
1. Town Manager Emmons to report on the sound barrier issues on the east
side and conversations with TXDOT, and discussion of same. (Wilson)
2. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
3. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
4. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
5. Discuss and take appropriate action regarding a Library Focus Group or other
plan for exploring options and compiling data for a future library. (Wilson)
6. Discuss and take appropriate action regarding a Municipal Management
District as it relates to taking over MUD2. (Mayor Sanders)
7. Discuss and take appropriate action regarding culvert issues on Skyline Park.
(Wilson added on 4/6/09)
8. Discuss and take appropriate action regarding an update/celebration for the
opening of
the new Bryon Nelson High School.
29
D.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 9:50
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.C.3
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, May 6, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated May 6, 2009
31
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 6, 2009
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Wednesday, May 6 2009. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member arrived at 7:09 p.m.
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 7:01 p.m.
Mayor Sanders announced that Council member Edstrom would be late.
A.2 Council member Strother offered the Invocation.
A.3 Mayor Sanders led the Pledges
A.4 Citizen Presentations:
32
Mayor Sanders announced the passing of Council member Strother’s mother and
offered condolences on behalf of the Council.
Jim Budarf, 547 Indian Creek - Addressed the Council regarding his Open Records
Request dated April 15, 2009.
Council member Wilson removed item B.1.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, April 6, 2009.
Council member Wilson stated that she voted against for Item D.4. Noting no objection
from Council, the Town Secretary will review the audio and bring back the corrected
Minutes at the May 18, 2009 meeting.
B.2 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. March 2009
Motion made by Strother, seconded by Sterling to approve the Consent Agenda, Item
B.2.
Motion passed unanimously without any discussion.
End of Consent
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding a Proclamation declaring
May 6 -12, 2009 as National Nurses Week Celebration.
Mayor Pro Tem Sterling read the Proclamation.
Motion made by Edstrom, seconded by Sterling to approve the Proclamation declaring
May 6 -12, 2009 as National Nurses Week Celebration.
Motion passed unanimously without any discussion.
C.2 Discuss and take appropriate action regarding a Proclamation proclaiming
May 10-16, 2009 as National Police Week.
Mayor Pro Tem Sterling read the Proclamation.
33
Motion made by Edstrom, seconded by Moss to approve the Proclamation proclaiming
May 10-16, 2009 as National Police Week.
Motion passed unanimously without any discussion.
C.3 Discuss and take appropriate action regarding a Proclamation declaring
May 2009 as Motorcycle Safety and Awareness Month.
Mayor Pro Tem Sterling read the Proclamation.
Motion made by Wilson, seconded by Strother to approve the Proclamation declaring
May 2009 as Motorcycle Safety and Awareness Month.
Kelly McColpin, Run Coordinator for Denton ABATE attended the meeting to accept the
Proclamation.
Motion passed unanimously without any discussion.
C.4 Update regarding Economic development; discuss and take appropriate
action regarding same.
Assistant Town Manager presented a brief Economic Development activity overview.
Seidel stated that Staff has worked with the Economic Development Corporation 4B
Board to develop quality projects and initiate relationships with local developers and
retail/restaurant officials. The nation has experienced a slow down in residential and
commercial development. However, the EDC-4B Board and Staff are developing and
completing a solid economic development foundation in order to be prepared when the
market shifts back into a growth mode.
Council member Strother commended Assistant Town Manager Seidel on his efforts
and knows that it is challenging, but feels his efforts will pay off.
Mayor Pro Tem Sterling asked if anything has developed from the Buxton Study.
Assistant Town Manager Seidel stated that the Buxton Study was a good starting place
and through that the Town has developed quality contacts and relationships with
businesses listed.
No motion taken, discussion only.
C.5 Discuss the standards in the Fair Campaign Practices Proclamation put
forth by Council for the May 2009 election, take appropriate action
regarding same.
34
Item was requested by Council member Wilson. Council member Wilson stated that
she felt the Council needed to review the Proclamation. Wilson read a few sections of
the Proclamation and then read a statement. Wilson requested that further language be
added to the Proclamation as Election Season subjects the residents to confusion and
broken relationships. Requested that the Council cast the commitment to rise above
and be the leaders they took an oath to do and to treat their colleagues equitably.
No motion taken, discussion only.
C.6 Discuss and take appropriate action regarding the submission of the
Assistance to Firefighters Grant (AFG).
Town Manager Emmons stated this Grant will cover EMS Equipment in the amount of
$52,040.91. The Town’s share will be $2,602.05. Equipment covered under this Grant
would be LIFEPAK 15 Monitor/Defibrillator and a LUCAS Chest Compression System.
The submission deadline is May 20, 2009.
Motion made by Strother, seconded by Edstrom to approve the submission of the
Assistance to Firefighters Grant (AFG).
Motion passed unanimously without further discussion.
C.7 Items for Future Agenda.
Council member Wilson added an item to receive a report to alleviate the congestion of
games and practices on the baseball fields and the parking issues.
TOWN COUNCIL TO CONVENED INTO EXECUTIVE SESSION AT 8:07 p.m.
EXECUTIVE SESSION
D.1 Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
to discuss the annual evaluation of Town Manager, Brandon Emmons.
TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION AT 9:22 p.m.
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item
Number D.1.
No action taken.
35
E.1 Adjourn.
Motion made by Sterling, seconded by Moss to adjourn. Meeting adjourned at 9:22
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
36
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.D.1
Public Hearing for a proposed Zoning Change from "R-15" Single Family
Residential to "R-12" Single Family Residential for an approximate 2.300
acres located where Ridge View Lane dead ends into vacant land just north
of the intersection of Skyline Drive and Ridge View Lane, Requested by
Jacobs Engineering Group, Inc., on behalf of BDMR Development, LLC
(ZCA-09-015)
OWNER: BDMR Development, LLC
1221 I-35 East, Suite 200
Carrollton, TX 75006
APPLICANT: Jaison Stephen, P.E.
Jacobs Engineering Group, Inc.
7950 Elmbrook Drive
Dallas, TX 75247
REQUESTED ACTION: Zoning Change from “R-15” Single Family Residential to “R-
12” Single Family Residential for property located in the future “Canterbury Hills”
Subdivision, north and west of Eagles Ridge Phase 1 Subdivision.
PURPOSE: To rezone this property in anticipation of presenting a final plat to the
Planning and Zoning Commission and Town Council in approximately one month’s time
to develop single family homes on this land.
SIZE: Approximately 2.300 acres.
EXISTING LAND USE: Vacant Land.
37
LOCATION: Just north of the intersection of Skyline Drive and Ridge View Lane where
Ridge View Lane dead ends into vacant land.
HISTORY: On December 3, 2007, the Town Council approved a preliminary plat for
Canterbury Hills Subdivision (as well as Waters Edge at Hogan’s Glen Subdivision) with
the following stipulation:
“The applicant must realign Lots 9-10, Block E and Lot
53, Block A so that dual zoning (R-12 and R-15) does not
occur on these lots. The zoning and lot alignment must
match or the applicant must rezone prior to final plat
approval.”
In approximately a month, the applicant will be bringing forward a final plat of this area
and is therefore requesting a rezoning as required by the Town Council preliminary plat
approval granted in December 2007. The applicant is asking for R-12 Single Family
Residential zoning to match the zoning of adjacent subdivisions. The applicant is
requesting rezoning rather than realignment as rezoning will not require changes to the
approved preliminary plat.
SURROUNDING LAND USE:
North: Corps of Engineer property
East: Flowage Easement (1.9169 acres) and
R-12 Single Family Residential, Eagles Ridge Phase II
38
South: R-12 Single Family Residential, Eagles Ridge Phase I
West: R-12 Future Subdivision that will be known as “Canterbury Hills”
Comparison of Applicant's Property
to Existing Adjacent Subdivisions
Canterbury Hills Eagles Ridge Ph I Eagles Ridge Ph II
32 Lots 61 Lots 25 Lots
# of Lots Sq. Ft. # of Lots Sq. Ft. # of Lots Sq. Ft.
14
12,000-
12,999 29 12,000-12,999 12 12,000-12,999
1
13,000-
13,999 17 13,000-13,999 4 13,000-13,999
3
14,000-
14,999 7 14,000-14,999 4 14,000-14,999
5
15,000-
15,999 3 15,000-15,999 1 15,000-15,999
1
16,000-
16,999 0 16,000-16,999 0 16,000-16,999
8
17,000-
23,200 6 17,000-25,000 4 17,000-25,000
COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan calls for
low density residential use for this property. Low density land use is intended to provide
lot sizes in the vicinity of or exceeding twelve thousand (12,000) square feet with a
comparable density of three (3) units per acre.
The existing zoning for this property is “R-15”, which is considered Estate Residential
land use at a density of two (2) units per acre.
The applicant intends to bring forward a plat for 13.617 acres consisting of 32
residential lots which is a density of 2.35 units per acre.
The applicant’s request to rezone to “R-12” is compatible with the Comprehensive Land
Use Plan.
PUBLIC HEARING: As required by ordinance, a notice of public hearing was published
in the local newspaper and property owners within 200-ft. of this acreage were notified
of this request. Copies of the notices are attached.
There are 19 property owners within 200-ft. of this request and as of April 30, 2009, one
resident contacted staff by email. This resident’s email in opposition to this request is
attached.
39
STAFF RECOMMENDATION: The proposed zoning change increases density on this
site from two (2) units per acre to three (3) units per acre, which matches the density of
the surrounding residential subdivisions. Staff has determined that this request is
compatible with the Comprehensive Land Use Plan and would not be detrimental to the
Town’s public health, safety and general welfare. Staff recommends approval.
PLANNING & ZONING COMMISSION RECOMMENDATION: On May 7, 2009, the
Planning and Zoning Commission conducted a public hearing and discussion of this
item. No residents were in attendance at the public hearing.
Commissioner Sheridan made a motion recommending approval of the zoning change
request from R-15 Single Family Residential to R-12 Single Family Residential.
Commissioner Ashby seconded the motion.
Ayes: Hill, Reed, Ashby, Sheridan, Forest
Nays: None
Action: 5-0, Approved
(ch)
Attachments:
1) Application
2) R-15 Single Family District Regulations
3) R-12 Single Family District Regulations
4) Public Hearing Notice – Newspaper
5) Public Hearing Notice – Property Owner Notification (19)
6) Email in Opposition from One Resident
7) Zoning Exhibit
40
41
42
43
44
45
46
47
48
49
50
51
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.D.2
Public Hearing regarding proposed changes to the Town of Trophy Club
Code of Ordinances, Comprehensive Zoning Ordinance, Supplementary
District Regulations, Section 5.03 "Accessory Structures and Uses"
including without limitation, amending and adopting new regulations
affecting accessory structures, and affecting locations of flagpoles. (ADM-
09-002)
PURPOSE: To clarify the allowed locations of flagpoles.
PUBLIC HEARING: A proposed change to the text of a zoning ordinance that does not
affect the land use of a specific property requires notice of public hearing of the
Planning and Zoning Commission and the Town Council by publication in a newspaper
of general circulation in the Town of Trophy Club without the necessity of notifying
property owners by mail. Notice of Public Hearing was placed in the local newspaper
on April 22, 2009, which complies with the ordinance requirements for notification of
public hearing. A copy of the publication is attached.
STAFF COMMENTS: By current ordinance, flagpoles are allowed on residentially
zoned lots provided the poles are less than 20-ft. in height. Currently, the location is
defined by the following:
“There shall be no accessory structures located in any front yard or side
yards, with the exception of a flag pole and signs, as defined by this
article.” [emphasis added]
The article defines the location of a permitted accessory use in a
residentially zoned district as:
i. behind the front building setback; and
ii. a minimum of twenty feet (20’) from any street right-of-way; and
iii. a minimum of six feet (6’) from rear and side lot lines.
Typically, most people wish to place flagpoles in their front yards. As worded, the
current ordinance in most instances prohibits flagpoles in the front yard by requiring
accessory uses to be behind the front building setback and a minimum of twenty feet
(20’) from any street right-of-way.
52
Staff asks that the Planning & Zoning Commission considering changing the location of
flagpoles as follows:
Chapter 13 – Zoning
Article V – Supplementary Design Standards
Section 5.03
Section 5.03 Accessory Structures and Uses
An accessory structure shall comply in all respects with the requirements of this
ordinance applicable to the main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Accessory structures less than one hundred twenty (120) square feet of
floor area shall not require a building permit.
b. The following structures and uses shall be permitted as accessory to the
principal structure provided that none shall be a source of income to the
owner or user of the principal single-family dwelling,
i. Detached private garage in connection with any use, provided that
no such garage shall face a golf course; and provided that any
detached garage which faces a street be located a minimum of
forty-five feet (45’) from the front property line; and provided,
however, that the requirement that no such garage face any street
shall not apply where the rear yard of a lot abuts a street which is
contiguous to the perimeter of the Town, unless otherwise provided
by ordinance.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
v. Home workshop
vi.
One Flag Pole less than twenty feet (20’) in height per residential
lot; flagpoles are allowed in the front yard but cannot be in
Town right-of-way or in any identified easements; and must be
a minimum of six feet (6’) from rear and side lot lines.
Permissible flags are as defined in the Code of Ordinances,
53
Chapter 5-General Land Use, Article IV-Sign Regulations,
Section 4.07.
vii. Tennis court
viii. Basketball court
ix.
All other uses and structures which are customarily accessory, and
clearly incidental to the structures, and which are allowed within the
applicable Zoning District.
c. In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family
dwelling, such accessory uses shall be located, except flagpoles as
defined in item “vi” above:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20’) from any street right of way; and
iii. A minimum of six feet (6’) from rear and side lot lines.
d. An accessory use shall not be located within any identified easement. In
addition, accessory structures permitted in these districts shall not
exceed one story in height, except for storage/utility structures which
shall not exceed 6 feet in height.
B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be
subject to the following regulations. The following shall be permitted as accessory
uses, provided that such use shall be located not less than twenty feet (20’) from
any street right-of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in
NS Neighborhood Service District: The following uses shall be permitted as
accessory uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty
feet (50’) to a residentially zoned district and not located between the
front of the building and any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is
properly screened and provided they conform to the standards set forth
in Section 5.01, Temporary Uses.
2. Permitted Accessory Structures and Uses in CR-Commercial District: The
54
following structures and uses shall be permitted as accessory structures and
uses.
a. Cabana, pavilion, gazebo or roofed area
b. All other uses and structures which are customarily accessory, and
clearly incidental to the structures, and which are allowed within the
applicable Zoning District.
3. Permitted Accessory Uses in GU-Governmental Use District and in PO-
Professional Office District: The following uses shall be permitted as
accessory, provided that none shall be a source of income to the owner or
user of the principal use:
a. All other uses and structures which are customarily accessory, and
clearly incidental to the structures, and which are allowed within the
applicable Zoning District.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
55
D. Location: There shall be no accessory structures located in any front yard or side
yards, with the exception of a flag pole and signs, as defined by this article in item
“vi” above. Accessory structures erected ten (10) feet or closer to the principle
building shall be considered to be attached and part of the primary structure for
calculating total square feet under roof and shall comply with the setback lines
established for that zoning district. If the total square feet under roof (including said
accessory structures) exceed 7500 sq/ft then the entire accessory structure must be
protected with a sprinkler system. In a case where more than one accessory
structure is on the same lot, each structure shall have a minimum ten (10) foot
separation between them. A swimming pool is permitted to be located closer than
ten (10) feet to the principle building. If the waters edge of a swimming pool, or any
accessory structure that is excavated for foundation footing, is located six (6) feet or
closer to the primary dwelling, an engineer’s letter, stamped by all applicable
engineers, stating the excavation will not in any way harm the structural integrity of
the primary dwelling, will be required at the time of plan submittal. Notwithstanding
the foregoing, accessory structures are only allowed if they comply with the zoning
regulations in the district in which they are located.
E. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement,
shall be permitted as an accessory use in a residential district and shall be
constructed so as to accommodate the enclosed parking of at least two (2)
automobiles.
2. A detached garage, which is provided in addition to the required two (2) car
garage, shall be permitted as an accessory structure in a residential district,
except as otherwise specifically provided.
3. Any detached garage shall setback at least forty-five feet (45’) from the front
property line of a residential lot.
4. Corner lots may have detached garages facing a side street if they set back a
minimum of thirty five feet (35’) from the side street; however, no drive cuts will
be allowed from any street classified as a major or minor collector street.
F. Design Criteria: All accessory structures shall conform to the following design
criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the
regulations as specified by the applicable zoning district. However, accessory
structures that are normally constructed in such a manner that masonry
exterior surfaces are neither practical nor appropriate are excluded from the
56
masonry requirements, including but not be limited to gym sets, playhouses,
and greenhouses.
2. Open-air structures, such as gazebos and pavilions, are permitted to be
constructed with an aluminum material so long as that material resembles
wood-like construction and such material has been approved by the Town’s
Planning and Zoning Coordinator.
(Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05)
RECOMMENDATION: Staff asks for approval of the changes to Section 5.03 of
Chapter 13-Zoning, Article V-Supplementary District Regulations to clarify permitted
locations of flagpoles on residentially zoned property.
Add to A.1.b.vi.: One Flag Pole less than twenty feet (20’) in height per residential
lot; flagpoles are allowed in the front yard but cannot be in Town right-of-way or
in any identified easements; and must be a minimum of six feet (6’) from rear and
side lot lines. Permissible flags are as defined in the Code of Ordinances,
Chapter 5-General Land Use, Article IV-Sign Regulations, Section 4.07.
Add to “A.1.c.”: “…, except flagpoles as defined in item “vi” above:
Changes to “D”: “Location: There shall be no accessory structures located in any front
yard or side yards, with the exception of a flag pole and signs, as defined by this article
in item “vi” above.”
PLANNING & ZONING COMMISSION RECOMMENDATION: On May 7, 2009, the
Planning and Zoning Commission conducted a public hearing and discussion of this
item with the following result:
Commissioner Ashby made a motion recommending approval of this request.
Commissioner Sheridan asked to amend the motion contingent upon adding a
statement referencing the section(s) of the ordinance that indicates types of flags that
can be flown. Commissioner Ashby accepted the amendment and Commissioner
Sheridan seconded the motion.
Ayes: Hill, Reed, Ashby, Sheridan, Forest
Nays: None
Action: 5-0, Approved
(ch)
Attachment
Public Hearing Notice
Ordinance No. 2009-XX P&Z
57
58
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.1
Discuss and take appropriate action regarding an Ordinance amending
Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning
Ordinance of the Town, to change the zoning from "R-15" Single Family
Residential to "R-12" Single Family Residential for an approximate 2.300
acres located where Ridge View Lane dead ends into vacant land just north
of the intersection of Skyline Drive and Ridge View Lane and amending the
Official Town Zoning Map to reflect the zoning change to R-12 Single
Family Residential. (Requested by Jacobs Engineering Group, Inc., on
behalf of BDMR Development, LLC -- ZCA-09-015)
REQUESTED ACTION: Approval of Zoning Change request for 2.300 acres from “R-
15” Single Family Residential to “R-12” Single Family Residential.
(ch)
RECOMMENDATION:
Staff recommends approval.
Attachments: 1. Ordinance 2009 (P&Z) Approving Zoning Change request for
2.300 acres from “R-15” Single Family Residential to “R-12” Single Family Residential
59
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS AN APPROXIMATE 2.300 ACRE TRACT OF LAND
CURRENTLY ZONED “R-15” – SINGLE FAMILY RESIDENTIAL TO “R-
12” SINGLE FAMILY RESIDENTIAL; PROVIDING FOR EXHIBIT “A”,
LEGAL DESCRIPTION”; AND PROVIDING FOR EXHIBIT “B”,
“ZONING CHANGE EXHIBIT”; PROVIDING THAT SUCH TRACT OF
LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE ZONING CODE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT THE R-12 ZONING FOR SUCH 2.300
ACRE TRACT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 211 of the Texas
Local Government Code, to regulate Land use, and property development within the
Town for the public health, safety and general welfare;
WHEREAS, the owner of the tract of land, collectively described as a 2.300 acre
tract of land, zoned R-15 – Single Family Residential, and such land being further
described in Exhibit “A”, attached hereto and incorporated herein, (the “Land”), filed an
application with the Town’s Planning and Zoning Commission requesting a change in
zoning of the Land into R-12 – Single Family Residential. Such application further
requested an amendment to the official Zoning District Map of the Town in accordance
with Chapter 13 of the Town’s Code of Ordinances; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to rezone the Land came before the Planning and Zoning Commission;
and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
60
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance;
and
WHEREAS, after complying with all legal notices, requirements, and conditions,
a public hearing was held before Town Council at which the Town Council considered,
among other things, the character of the land and its suitability for particular uses, with a
view of encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning and
Zoning Commission and the information and other materials received at the public
hearing, the Town Council has concluded that the adoption of this Ordinance is in the
best interests of the Town of Trophy Club, Texas, and of the public health, safety and
welfare.
SECTION 3.
REZONING
The Zoning Ordinance for the Town, adopting the Zoning Map, codified in Chapter 13 of
the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following
particulars:
A. The zoning of the Land, being a 2.3 acre tract of land described
in Exhibit “A” and Exhibit “B”, attached hereto and incorporated
herein, is hereby changed to adopt provisions for “R-12” Single
Family Residential in accordance with the requirements of this
Ordinance, all applicable parts of Chapter 13, the Zoning Code,
and all other applicable ordinances, rules and regulations of the
Town. The Zoning Map is hereby amended to reflect the “R-12”
Single Family Residential designation for the tract of Land.
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town and shall
not repeal any of the provisions of such ordinances except in those instances where
61
provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding
the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of the Ordinance, and the Town Council hereby declares it would have passed
such remaining of the Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 18th day of May, 2009.
62
_______________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
63
EXHIBIT A
LEGAL DESCRIPTION
2.300 ACRES
BEING A 2.300 ACRE TRACT OF LAND SITUATED IN THE M. MEDLIN SURVEY,
ABSTRACT NO. 832, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND
BEING PART OF A TRACT OF LAND CONVEYED AS “TRACT III” (NEIGHBORHOOD
10) TO BDMR DEVELOPMENT, LLC, AS RECORDED IN COUNTY CLERK’S FILE
NO. 2007-82834, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID
2.300 ACRE TRACT, WITH REFERENCE BEARING BEING GRID NORTH, TEXAS
STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96,
EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213,
2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387), SAGINAW
TX CORS ARP (PID-DH7149) AND DENTON CORS ARP (PID-DF8986) AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“CARTER BURGESS” SET FOR THE NORTHEAST CORNER OF SAID “TRACT III”
(NEIGHBORHOOD 10) AND THE COMMON NORTHWEST CORNER OF EAGLES
RIDGE, PHASE 1, AN ADDITION TO DENTON COUNTY, AS RECORDED IN
CABINET M, PAGE 150, PLAT RECORDS, DENTON COUNTY, TEXAS;
THENCE, ALONG THE EAST LINE OF SAID “TRACT III” (NEIGHBORHOOD 10) AND
THE COMMON WEST LINE OF SAID EAGLES RIDGE, PHASE 1, THE FOLLOWING
COURSES AND DISTANCES:
SOUTH 24 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE OF
206.44 FEET TO A POINT FOR CORNER;
SOUTH 02 DEGREES 42 MINUTES 39 SECONDS WEST, A DISTANCE OF
114.30 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED
“NELSON” FOUND FOR CORNER;
NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE OF
136.99 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED
“NELSON” FOUND FOR CORNER;
SOUTH 01 DEGREES 27 MINUTES 18 SECONDS WEST, A DISTANCE OF
40.14 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED
“McCULLAH” FOUND FOR CORNER;
NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED
“NELSON” FOUND FOR CORNER;
64
SOUTH 01 DEGREES 27 MINUTES 18 SECONDS WEST, A DISTANCE OF
40.00 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED
“NELSON” FOUND FOR CORNER;
NORTH 88 DEGREES 32 MINUTES 42 SECONDS WEST, A DISTANCE OF
135.00 FEET TO A POINT FOR CORNER;
THENCE, NORTH 01 DEGREES 27 MINUTES 18 SECONDS EAST, OVER AND
ACROSS SAID “TRACT III” (NEIGHBORHOOD 10), A DISTANCE OF 369.37 FEET TO
A POINT FOR CORNER ON THE NORTH LINE OF SAID “TRACT III”
(NEIGHBORHOOD 10);
THENCE, NORTH 88 DEGREES 57 MINUTES 19 SECONDS EAST, ALONG THE
NORTH LINE OF SAID “TRACT III” (NEIGHBORHOOD 10), A DISTANCE OF 233.38
FEET TO THE POINT OF BEGINNING, AND CONTAINING 2.300 ACRES OF LAND,
MORE OR LESS.
65
EXHIBIT B
66
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.2
Discuss and take appropriate action regarding an Ordinance amending
Subsection A(1)(b)(vi), Subsection A(1)(c) and Subsection D of Section 5.03
"Accessory Structures and Uses" of Article V "Supplementary District
Regulations", of Chapter 13 "Zoning" of the Code of Ordinances of the
Town , including without limitation, amending and adopting new
regulations affecting accessory structures, and affecting locations of
flagpoles. (ADM-09-002)
REQUESTED ACTION: Approval of the changes to Section 5.03 of Chapter 13-
Zoning, Article V-Supplementary District Regulations to clarify permitted locations of
flagpoles on residentially zoned property.
(ch)
RECOMMENDATION:
Staff recommends approval.
Attachments: 1. Ordinance 2009 approval of the changes to Section 5.03 of Chapter 13-
Zoning, Article V-Supplementary District Regulations to clarify permitted
locations of flagpoles on residentially zoned property.
67
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED “ZONING”, ARTICLE V, ENTITLED
“SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.03
ENTITLED “ACCESSORY STRUCTURES AND USES”, SUBSECTION
A. 1. b. (vi) AND c. RELATIVE TO LOCATIONS OF FLAGPOLES, AND
SUBSECTION D. ENTITLED “LOCATION;” PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission, and the information and other materials received at
public hearing, the Town Council has concluded that the amendments of this Ordinance
are in the best interests of the Town of Trophy Club, Texas, and of the public health,
safety and general welfare; and
WHEREAS, as currently allowed in the Town’s Ordinance, flagpoles may not
exceed 20-ft. in height and may be located in the front yard behind the front setback;
and
WHEREAS, “behind the front setback” severely limits locating flagpoles in the
front yard; and
WHEREAS, after review by the Town staff, who are charged with maintaining
safety and beautification standards, Staff recommended that the Town’s Ordinance be
amended to allow flagpoles in the front yard provided they are not located in Town right-
of-way or in any identified easement, and must be a minimum of six feet (6’) from rear
and side lot lines; and
WHEREAS, having determined that changing the regulations of accessory
structures in accordance with the provisions set forth below allows improvements to
property that beautify, increase enjoyment and add value to property is an appropriate
68
and beneficial governmental function, Council hereby determines that the adoption of
this Ordinance serves the health, safety and welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01 Section 5.03, Entitled “Accessory Structures and Uses”, of Article V, Entitled
“Supplementary District Regulations” of Chapter 13, Entitled “Zoning”, of the
Code of Ordinances of the Town of Trophy Club, is hereby amended so that
Subsection A(1)(b)(vi), Subsection A(1)(c), and Subsection D of Section 5.03
read in their entirety as follows:
A
1
b
vi.
One Flag Pole less than twenty feet (20’) in height per residential
lot; flagpoles are allowed in the front yard but cannot be in Town
right-of-way or in any identified easements; and must be a
minimum of six feet (6’) from rear and side lot lines. Permissible
flags are as defined in the Code of Ordinances, Chapter 5-
General Land Use, Article IV-Sign Regulations, Section 4.07.
A
1
c. In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family
dwelling, such accessory uses shall be located, except flagpoles as
defined in item “vi” above:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20’) from any street right of way; and
iii. A minimum of six feet (6’) from rear and side lot lines.
D. Location: There shall be no accessory structures located in any front yard or side
yards, with the exception of a flag pole and signs, as defined by this article in item
“vi” above. Accessory structures erected ten (10) feet or closer to the principle
building shall be considered to be attached and part of the primary structure for
calculating total square feet under roof and shall comply with the setback lines
established for that zoning district. If the total square feet under roof (including said
accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure
must be protected with a sprinkler system. In a case where more than one accessory
structure is on the same lot, each structure shall have a minimum ten (10) foot
69
separation between them. A swimming pool is permitted to be located closer than ten
(10) feet to the principle building. If the waters edge of a swimming pool, or any
accessory structure that is excavated for foundation footing, is located six (6) feet or
closer to the primary dwelling, an engineer’s letter, stamped by all applicable
engineers, stating the excavation will not in any way harm the structural integrity of the
primary dwelling, will be required at the time of plan submittal. Notwithstanding the
foregoing, accessory structures are only allowed if they comply with the zoning
regulations in the district in which they are located.
SECTION 3.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting accessory structures
which have accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances, same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
70
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date
of passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of May, 2009.
Mayor, Nick Sanders
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
71
G iVarlE
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.3
Discuss and take appropriate action regarding an ordinance canvassing
the returns and declaring the results of the Joint General and Joint Special
Election held on May 9, 2009.
A. Discuss and take appropriate action regarding an Ordinance putting the
Home Rule Charter Amendments from the May 9th 2009 Joint General and
Joint Special Election into effect.
EXPLANATION:
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
()
Attachments: 1. Ordinance canvassing the returns of the Joint General and Joint
Special Election
2. Ordinance canvassing the returns of the Home Rule Charter
Amendments
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY
VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND
DECLARING THE RESULTS OF THE GENERAL JOINT ELECTION
HELD ON MAY 9, 2009. AS SUCH RETURNS RELATE TO THE
ELECTION OF A MAYOR AND TWO (2) COUNCIL MEMBERS FOR
TWO (2) YEAR TERMS EACH TO THE TOWN OF TROPHY CLUB
TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE
TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND
TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF
THE CANVASS OF THE GENERAL JOINT ELECTION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 2, 2009 the Town Council of the Town of Trophy Club,
Texas (the “Town”) passed and approved Ordinance No. 2009-06 ordering a Joint
General and Joint Special Election, for the purpose of electing a Mayor and two (2)
Council Members for two (2) year terms each to the Town Council, a Constitutional
Amendment Election, determining whether a sale by exchange of a certain portion of
Harmony Park will be approved by the voters and a measure to hold a binding
referendum as authorized by the Charter of the Town of Trophy Club to determine
whether the citizens desire the Town to abolish MUD2; and
WHEREAS, Ordinance No. 2009-06 also ordered the appointment of a
Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of
conducting such election; and
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the election laws of the State of Texas, notice
of the General Joint Election; and
WHEREAS, it appears that a total of 1,635 votes were cast in such elections;
and
WHEREAS, the Joint General and Joint Special Election was duly and legally
held on May 9, 2009 in the Town and in conformity with the election laws of the State of
Texas, and the results of the Joint General and Joint Special Election, including the
early voting results, have been certified and returned to the proper judges and clerks
thereof; and
97
WHEREAS, the official returns of the presiding judges of the Joint General and
Joint Special Election, including the returns of early voting ballots in connection
therewith, and as such returns are related to the election of a Mayor and two (2) Council
Members for two (2) year terms each for the Trophy Club Town Council, a
Constitutional Amendment Election, determining whether a sale by exchange of a
certain portion of Harmony Park will be approved by the voters and a measure to hold a
binding referendum as authorized by the Charter of the Town of Trophy Club to
determine whether the citizens desire the Town to abolish MUD2, have been presented
to the Town Council acting in its capacity as the Canvassing Board; and
WHEREAS, the Town Council has considered the returns of the Joint General
and Joint Special Election as related to the election of a Mayor and two (2) Council
Members for two (2) year terms each for the Trophy Club Town Council, a
Constitutional Amendment Election, determining whether a sale by exchange of a
certain portion of Harmony Park will be approved by the voters and a measure to hold a
binding referendum as authorized by the Charter of the Town of Trophy Club to
determine whether the citizens desire the Town to abolish MUD2, including the returns
of early voting ballots cast in connection therewith; and
WHEREAS, pursuant to State Law, in order to be declared elected, a candidate
must receive the highest number of votes of the entire Town cast for the office for which
such person is a candidate or be unopposed in the election, or
WHEREAS, Subchapter C of Chapter 2 of the Election Code authorizes a
governing body to declare each unopposed candidate elected to office; and
WHEREAS, the following candidate, who was unopposed in the May 9, 2009, Joint
General and Joint Special Election, is hereby declared elected to office, and shall be
issued a certificate of election:
TOWN OF TROPHY CLUB MAYOR FOR TWO (2) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY
VOTING
VOTES
RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Connie White 471 347 818
Nick Sanders 433 374 807
WHEREAS, the returns of the Joint General and Joint Special Election, including
the returns of the early voting ballots, duly and legally made, showed that each
candidate for the office of Town Council received the following votes:
98
TOWN OF TROPHY CLUB COUNCIL MEMBERS FOR TWO (2) YEAR TERMS
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY
VOTING
VOTES
RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Bill Rose 482 387 869
Joseph Boclair 271 204 475
Kathleen Wilson 426 317 743
Jim Moss 338 254 592
FOR THE ADOPTION OF PROPOSITION ONE
AGAINST THE ADOPTION OF PROPOSITION ONE
SHALL THE TOWN OF TROPHY CLUB EXCHANGE A 0.11 ACRE TRACT OF
LAND OWNED BY THE TOWN AND WHICH IS A PART OF HARMONY PARK AND
LOCATED IN THE J. MICHAEL SURVEY, ABSTRACT NO. 821, TOWN OF
TROPHY CLUB, DENTON COUNTY, TEXAS FOR A 0.18 ACRE TRACT OF LAND
OWNED BY BECK PROPERTIES TROPHY CLUB L.P., LOCATED ADJACENT TO
HARMONY PARK AND ALSO IN THE J. MICHAEL SURVEY, ABSTRACT NO. 821,
TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS.
PROPOSITION
ONE
TOTAL NUMBER
OF EARLY
VOTING
VOTES
RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
FOR 690 499 1,189
AGAINST 177 182 359
FOR THE ADOPTION OF PROPOSITION TWO
AGAINST THE ADOPTION OF PROPOSITION TWO
SHALL PROPOSED TOWN ORDINANCE NO. 2009-05 ESTABLISHING JUNE 1,
2009 AS THE DATE FOR THE TOWN’S ASSUMPTION OF ALL POWERS, DUTIES,
ASSETS, AND OBLIGATIONS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 2, MAKING THE PROVISIONS CONTAINED IN SECTION 43.075 OF THE
TEXAS LOCAL GOVERNMENT CODE APPLICABLE TO THE TOWN, AND
PROVIDING THAT TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 SHALL
BE ABOLISHED ON JUNE 1, 2009, BECOME EFFECTIVE AS A LAW OR
MANDATORY ORDER OF THE COUNCIL AS A MATTER APPROVED IN A
99
BINDING REFERENDUM.
PROPOSITION
TWO
TOTAL NUMBER
OF EARLY
VOTING
VOTES
RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
FOR 419 351 770
AGAINST 472 351 823
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 into the body of this Ordinance and made a part
hereof for all purposes.
Section 2. Confirmation of Vote Tabulations. The results of the Joint General
and Joint Special Election, as related to the election of a Mayor and two (2) Council
Members for two (2) year terms each for the Trophy Club Town Council, a
Constitutional Amendment Election, determining whether a sale by exchange of a
certain portion of Harmony Park will be approved by the voters and a measure to hold a
binding referendum as authorized by the Charter of the Town of Trophy Club to
determine whether the citizens desire the Town to abolish MUD2, and as canvassed
and tabulated above, reflect the expressed desires of the resident, qualified voters of
the Town.
Section 3. Elected Officials; Terms of Office. In accordance with the canvass
and tabulation of the results of the Joint General and Joint Special Election, the duly
elected Council Members elected on May 9. 2009, and the corresponding terms of
office, subject to the taking of the oaths of office as required by State Law, are as
follows:
OFFICE
TERM
NAME
Mayor
Two (2) Years
Connie White
Council Member
Two (2) Years
Bill Rose
Council Member
Two (2) Years
Kathleen Wilson
100
Section 4. Issuance of Certificates of Election. The Mayor is hereby
authorized and directed to execute and deliver Certificates of Election to the successful
candidates elected at the Joint General and Joint Special Election, as specified in
Section 3 hereof.
Section 5. Issuance of Canvass of General Joint Election. The Mayor is
hereby authorized and directed to execute and deliver the Canvass of the Joint General
and Joint Special Election, a copy of which is attached hereto as Exhibit “A”, in
accordance with the election laws of the State of Texas, and to take all other action
necessary in connection therewith.
Section 6. Engrossment and Enrollment. The Town Secretary of the Town of
Trophy Club is hereby directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town as required in the Town Charter.
Section 7. Effective Date. This Ordinance shall take effect from and after its
date of passage in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 18th day of May, 2009.
Mayor, Nick Sanders
Town of Trophy Club, Texas
Effective
Date:
[SEAL]
ATTEST:
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
101
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF GENERAL JOINT ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding
Officer of the Canvassing Authority of the Town, met on 18th day of May, 2009 with the
Town Council of the Town, sitting as the Canvassing Board to canvass the returns of
the Joint General and Joint Special Election held on May 9, 2009, at the Trophy Club
Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to
the election of a Mayor and two (2) Council Members to the Town Council and such
returns related to the amendments of the Home Rule Charter for the Town.
I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the
figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Town of Trophy Club, Texas to be affixed hereto, this 18th day of May, 2009.
(Seal)
__________________________
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas
102
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.4
Outgoing remarks by Mayor Sanders.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
103
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.5
Oath of Office to be administered by Municipal Court Judge, Mark
Chambers and Presentation of Certificate of Election from the Mayor to
Incoming Council Members.
EXPLANATION:
Honorable Judge, Mark Chamber will administer the Oaths of Office to Council Elect
Rose and Mayor White.
Council Elect Wilson will take her Oath of Office at the June 1, 2009 Council meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
104
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.6
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. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
(lh)
105
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.7
Opening remarks by Mayor White and comments from incoming members
of the Town Council.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
106
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.8
Discuss and take appropriate action to approve an amendment to the Bank
resolution naming authorized representatives on First Financial Bank
accounts.
EXPLANATION:
First Financial – Removing Nick Sanders.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(kd)
Attachments: 1. None
107
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.E.9
Items for Future Agenda.
List:
1. Town Manager Emmons to report on the sound barrier issues on the east
side and conversations with TXDOT, and discussion of same. (Wilson)
2. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
3. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
4. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
5. Discuss and take appropriate action regarding a Library Focus Group or other
plan for exploring options and compiling data for a future library. (Wilson)
6. Discuss and take appropriate action regarding a Municipal Management
District as it relates to taking over MUD2. (Mayor Sanders)
7. Discuss and take appropriate action regarding culvert issues on Skyline Park.
(Wilson added on 4/6/09)
8. Discuss and take appropriate action regarding an update/celebration for the
opening of the new Bryon Nelson High School. (Edstrom added April 20,
2009)
9. Item to receive a report to alleviate the congestion of games/practices on the
baseball and the parking issues. (Wilson added May 6, 2009)
108
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-18-2009
Subject: Agenda Item No.F.1
Adjourn.
(lh)
109