Minutes TC 01/05/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 5, 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, January 5,2009.
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
Jim Moss Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m.
A.2 Pastor Joel Quile offered the Invocation.
A.3 Council Member Edstrom led the Pledges ..
A.4 Citizen Presentations:
J.D. Stotts, 1 Narrow Creek -spoke to Item C.5 and said that he would like to see pictures of the land that
. would be swapped.
PUBLIC HEARING
Public Hearing opened at 7:05 p.m.
B.1 Public Hearing to Consider an Amendment to PD -Planned Development Dis.trict No. 27,
known as The Highlands at Trophy Club,·Ordinance No. 2007-15 P&Z by amending Exhibit "B"
-Development Standards, Section VI. Development and Design Standards, Subsection "C"
Screening and Fencing. Applicant: High Trophy Development, LLC Represented by Steve
Lenart, Lenart Development Company, LLC (PD AMD-oS-o29)
Chris Kelly, 2208 Aberdeen -OWner of the property, spoke in favor of the amendment.
Tony English, 2240 Veranda Avenue -Owner with a similar situation, spoke in favor of the amendment.
Town Council Minutes -January 5, 2009 1
Tom Di Maranao, 2231 Alyssa Lane -Owner with a similar situation, spoke in favor of the amendment.
Public Hearing closed at 7:14 p.m.
Town Council reconvened into Regular Session
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding an Ordinance amending PD -Planned
Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15
P&Z by amending Exhibit "B" -Development Standards, Section VI. Development and Design
Standards, "C" Screening and Fencing. Applicant: High Trophy Development, LLC
Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-QS-Q29)
The applicant Steve Lenart, Lenart Development, LLC was present and provided a history of the proposed
amendments. Mr. Lenart said that these neighborhoods were developed prior to Centurion homes and they
have worked with Staff the entire way.
Council member Strother confirmed that this amendment would not create a misalignment of the loUfence.
Mayor Sanders stated that the owners present have larger lots and the developer is requesting an exemption
on the smaller lots.
Planning and Zoning Chairman Hill stated at the P&Z meeting of December 18, 2008, the developer's request
to amend screening and fencing requirements for PD-27 was heard in Public Hearing and Regular Session.
Side yard fencing was discussed at length. It was agreed that a change from the current regulations should be
allowed to place fencing on Lot Types 1 and 2 at 10 feet from the property line.
The developer had also requested side yard fencing along a side street for Lot Types 3 and 4 be placed at the
property line, affecting approximately 10 lots of the 610 lot types. The Commissioners were divided at 3 in
favor and 3 opposed on this issue and Chairman Hill could not provide reasoning for those who opposed.
Discussion of the perimeter fencing issue determined that homeowner installed fencing connected to
perimeter fencing should be allowed.
The Commission recommendation considered all items together as one motion, stipulating:
• A "key lot" is defined as any lot having a street adjacent to both its front and side building lines, and its
rear property line is also the side property line of an adjacent lot;
• The side yard fence adjacent to a side street for Lot Types 1, 2, 3, and 4 may be placed 10 feet off the
property line and must be 10 feet behind the bUilding's front fa9ade;
• Homeowners may connect to perimeter fencing and the property owner's fence must be located 10
feet behind the building's front fa9ade. The Homeowner's Association will maintain the perimeter
fencing, and the homeowner will maintain his connecting fencing.
The Commission's recommendation was passed by unanimous (6 -0) vote.
Council member Moss recalled the objection was related to tunnel vision. Moss clarified that an exemption
allowed on a 15' setback, would still provide five feet from house and not create tunnel vision.
Chris Kelly, 2208 Aberdeen -Owner of the property, spoke in favor of the amendment.
Motion made by Moss, seconded by Edstrom to approve an Ordinance as drafted, with a recommendation for
the Planning and Zoning Commission to review and discuss Lot Types 3 and 4.
Council member Moss stated that P &Z has more experience and should review Lot Types 3 and 4.
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Council member Strother confirmed that if the motion passed, Council would have to consider another
amendment pending P & Z's review on Lots 3 and 4.
Mehrdad Moayedi, Centurion American Development Group, 3901 West Airport Freeway, Suite 200, Bedford,
TX 76021 -Requested the Council take care of the homeowners and believes that the Staff is sophisticated
enough to work with the lot sizes so that they do not get too small. Mr. Moayedi feels that the motion would
only delay things further on Lot Types 3 and 4.
Motion amended by Sterling, seconded by Strother to allow side fences be built for Lots Types 3 and 4.
Planning and Zoning Coordinator Carolyn Huggins stated that Council's amendments would need to be made
under "C. Screening and Fences, page 31 in the packet.
Town Manager Emmons recommended the Council approve with the intent for Staff to bring back on the
January 19, 2009 Consent Agenda.
Motion made by Edstrom, seconded by Strother to table until later in the meeting so that Staff could make the
changes to the Ordinance for Council's consideration. Motion to table passed unanimously.
Item tabled at 8:10 p.m.
Motion made by Moss, seconded by Edstrom to remove from the table. Motion passed unanimously.
Item removed from table at 8:37 p.m.
Staff summarized the following revisions to the Ordinance; deleted Lot Types 3 & 4 from Item No.3., added
Item NO.4 to add regulations for Lot Types 3 & 4, changed the previous NO.4 (perimeter fencing) to NO.5 and
paragraph "2.02" now reads "is hereby amended to add subsections 3, 4 and 5 so that Section VI, C shall be
and read in its entirety."
Motion made by Edstrom, seconded by Moss to approve the Ordinance with the changes listed above.
Motion passed unanimously.
C.2 Discuss and take appropriate action regarding a request for approval of a Temporary Use
Permit for Off Street Parking for Model Homes in Planned Development No. 27, Neighborhood
2, Phase 1A, for a Period of time of not greater than One Year. Applicant: Centex Homes
The applicant Wes Homeyer was present and commented that both Staff and the Planning and Zoning
Commission have satisfied all requirements.
Planning and Zoning Chair Hill reported at its December 18, 2008 Planning and Zoning session, the
Commission heard the applicant's request and Town Staffs statements regarding the parking lot plan's
compliance with regulations concerning setbacks, parking, landscaping and the eventual removal of the
parking surface.
The Commission unanimously; (by vote of 6 -0), recommends approval of this temporary parking lot to the
Town Council.
Motion made by Edstrom, seconded by Moss to approve a request-for approval of a Temporary Use Permit for
Off Street Parking for Model Homes in Planned Development No. 27, l'Jeighborhood 2, Phase 1A, for a Period
of time not greater than One Year. Applicant: Centex Homes
Motion passed unanimously without any discussion.
Town Council Minutes -January 5, 2009 , 3
C.3 Comments from Planning & Zoning Chairman Gene Hill regarding Planning & Zoning
-Commission discussion and comment on changes to the Town of Trophy Club Code Of
Ordinances, Chapter 13-Zoning, including without limitation, amending regulations regarding
permitted uses for "CG" Commercial General zoning and other miscellaneous provisions as
needed of Chapter 13 (ADM-Qa-Q29); Council discussion and appropriate action regarding
same.
Planning and Zoning Chair Hill reported that Staff brought before the Commission on December 18, 2008, a
request from Town Council and the Town Manager to consider if the current inclusion of Pawn Shops in CG
Commercial General zoning is appropriate. The Commission was also directed to review all of the listed uses
for CG zoning and provide comment.
Regarding the specific request concerning the review of Pawn Shops, the consensus was that the "P
Permitted Use" be removed from Pawn Shop in the "CG" column of the Ordinance chart. By doing so, Pawn
Shops become a "Prohibited Use" under Section 3.03 -Classification of New and Unlisted Properties of the
Ordinance as shown on page 48 of the packet.
The Commission intends to conduct workshops with Staff to review all "CG" zoning uses as requested. The
workshops would be followed by Public Hearings and recommendations to Council for amendment of the
Town Ordinances as appropriate.
Town Manager Emmons stated that the normal process is for Planning and Zoning Commission to hold a
Public Hearing and then recommend to Council.
Town Attorney Adams advised that the request was for the Planning and Zoning Commission to review the
regulations regarding permitted uses for "CG" Commercial General zoning and recommend other areas more
appropriate for Pawn Shops. Adams stated that the Town cannot specifically deny permitting for Pawn Shops
.but may establish certain parameters making it harder to permit. The reality is there is lack of commercial
area available in the Town that would accommodate a Pawn Shop.
The Council requested the Staff establish parameters restricting the ease of permitting Pawn Shops in the
Town.
No action, comments only.
Noting no objections, the Council addressed Item C.5 prior to CA.
C.4 Discuss and take appropriate action regarding the 19 Proposed Charter Amendments
submitted by the Charter Review Commission for the May 2009 ballot.
Mayor Sanders stated that Staff and the Charter Review Commission (CRC) are looking for clear direction and
acknowledgement that the Town Attorney will be responsible for drafting the ballot language.
Mayor Sanders explained that the Charter belongs to the people and the Staff would like to know which
proposed amendments the Council supports the Staff to work on. Mayor Sanders said that he does not want
to limit debate and would prefer that the Council discuss and direct Staff on which proposed amendments to
draft ballot language. Mayor Sanders cautioned that although a Council member may oppose a particular
proposed amendment, they are voting whether they should let the people decide.
CRC Chairman Rose, 219 Inverness -Stated that the Commission has been looking at ballot language and
the handouts reflect changes to the amendments already forwarded to the Council. Chairman Rose hopes to
make a presentation at the time the ballot language is ready.
Town Attorney Adams said that the Ordinance will have the ballot language with the Charter language
change.
Town Council Minutes -January 5, 2009 4
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Couhcil member Moss recommended that the Council look at the 19 proposed amendments separately. Moss
feels the Council has a duty to decide which items are the best for the residents to look at. For example, who·
is pest qualified to determine how many Council members there should be? Moss does not feel the residents
in/general can make that decision, and that the Council is best qualified to know whether an additional Council
member would be of benefit to the existing Council. .
I
pouncil member Strother clarified that the proposed amendments would come back before the Council. Town
jAttorney Adams said that if Council provided their input on the proposed amendments they would support, she I would like at least three weeks to prepare the ballot language. This would give the Council time to review
i again, prior to calling the Election. .
I Mayor Sanders said that the Council directed the CRC to continue working on all 19 proposed amendments ! and the Council has never voted on the proposed amendments, but only voiced their support on the particular I proposed amendments. Mayor Sanders asked the Council if they are willing to vote on each proposed ! amendment in order to provide clear direction to Staff. /
CRC Chairman Rose, 219 Inverness -Considered giVing his flag speech regarding, liberty, justice and
freedom and how it relates to free speech, religion and voting. As a retired military man, and on behalf of the
four soldiers killed in Iraq last week, Rose stated that if Council voted down anyone of the proposed
amendments, they would be taking away citizens' right to vote and those four soldier's died in vain. Rose!
reminded the Council that the Charter belongs to him and the citizens of the Town and they should have a
right to vote. Rose asked the Council to look into the camera when voting no and asked that the Council tell
the residents that they are taking away their right to vote.
Council member Moss responded that the Council was elected by the people to vote on items that affect all
residents of the Town. Moss questioned why the Council should take all 19 proposed amendments as
decided by a few people and let the rest of the residents vote.
Council member Edstrom recognizes the freedoms afforded to her and the people's right to vote. Edstrom
further understands the Preamble of the Charter,· defining representative government, where the Citizens
grant the elected governing body the power and priVilege to administer the Town on their behalf and for the
benefit of our community. Edstrom took exception to the comment that by Council voting on all 19 proposed
amendments is less democratic then what the CRC did when voting just the same.
Voting for directs Staff to move forward with ballot language: .
1. Add One Councilmember
For: Strother Opposed: Sterling, Edstrom, Moss
2. Change from At-Large to At-Large-by-Place Elections
For: None Opposed: Sterling, Edstrom, Moss Abstained: Strother
3. Add Three Year Terms
for: Strother, Sterling, Moss Opposed: Edstrom
4. Resignation of Council Member Seat
For: Strother, Sterling, Moss Opposed: Edstrom
5. Add Violates Any Express Prohibition of this Charter
For: Strother Opposed: Sterling, Edstrom. Moss
6. Filling Vacancies
For: Unanimous
1. Add Council Compensation
For: Strother, Sterling, Moss Opposed: Edstrom
Town Council Minutes -January 5, 2009 5
8. Add Mayor Voting On All Matters
For: Strother Opposed: Sterling, Edstrom, Moss
9. Agenda Request \For: Strother Opposed: Sterling, Edstrom, Moss
10. Conflict of Interest and Abstention Town Council Procedure \
For: Strother, Edstrom, Moss Abstained: Sterling \
\
\11. Clarify Appointment Procedure \
For: Unanimous
12. Comply with Texas Election Code
For: Unanimous
13. Clarify Grounds for Recall
Willing to move forward with removal of the actual terms (GRG version would not specify any
Terms/ground/definitions.
For: Strother,Moss Opposed: Sterling, Edstrom
WilJing to move forward with cJanfying and adding definitions on IIJcompetence and
malfeasance
For: Unanimous
14. Reduce Recall Signatures Required
For: Strother Opposed: Sterling, Edstrom, Moss ,
\
15. Reduce Required Signatures for Initiative and.Referendum
For: Strother Opposed: Sterling, Edstrom, Moss
16. Budget Process Enhancement
Willing to move forward on Proposed Amendment as proposed.
For: Opposed: Unanimously
Willing to move forward with Staff's recommendation on a proposed amendment
For: Unanimously
17. Franchise Term
For: Unanimous
18. Code of Ethics and Conduct
Willing to move forward as proposed
Opposed: Unanimous
WJ1ling to move fOI1/lard directing Staff to discuss section A and strike section B under
proposed
Amendment (Staff directed to bring back an amendment to section A to the next meeting)
For: Unanimous
19. Charter Review Commission
For: Strother Opposed: Sterling, Edstrom, Moss
Town Council Minutes -January 5, 2009 6
Mayor Sanders confirmed the Town Attorney will write ballot language on the following: 3, 4, 6, 7, 10,
11, 12, 13, 16, 17 and 18. Staff will clarify and add definitions on Incompetence and Malfeasance to
13 Clarify Grounds for Recall, Staff will recommend language for 16 Budget Process Enhancement
and Staff will discuss Section A and strike Section B under 18. Code of Ethics and Conduct. Staff will
bring the revisions for 13, 16 and 18 back at the next Council meeting.
C.5 Discuss and take appropriate action to place an item on the May 2009 ballot for voter
consideration of a land swap of a 0.11 acre tract of land owned by the Town and part of
Harmony Park for a 0.18 acre tract of land owned by Centurion American and adjacent to
Harmony Park.
Town Manager Emmons introduced this item as being on the table for a couple of years and the Town was
originally dealing with Beck Park. Since then, the property has changed hands and this subsidiary now
belongs to Centurion American. As it currently stands the Town cannot not sell this parcel and needs to hold
an election in order to swap the land.
Mehrdad Moayedi Centurion American Development Group, 3901 West Airport Freeway, Suite 200, Bedford,
TX 76021 said that Centurion does not receive anything out of this swap, this is just straightening things out.
Motion made by Sterling, seconded by Edstrom to proceed with ballot language for the May 2009 Election.
Motion passed unanimously without any discussion
C.G Discuss and take appropriate action regarding the disposition of "Child Safety Funds" for
various programs.
Town Manager Emmons stated that the Texas Transportation Code authorizes the assessment of a fee as
part of the motor vehicle registration process to be used for child safety. The Town has a balance in excess of
$31,000 in our Child Safety Fund and Staff recommends using these funds for five projects that will help
enhance the safety of our children. These programs are: Bike Training Program, Bicycle Rodeos, Crossing
Guard Program, School Zone Enforcement, and TLETS for SRO.
Motion made by Edstrom, seconded by Moss to approve the disposition of "Child Safety Funds" for various
programs.
Motion passed unanimously without any discussion
C.7 Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement
between the Town and Tarrant County Emergency Services District No. One to provide fire
protection and related services.
This item was referred until the January 19, 2008 meeting.
C.8 Receive a progress report on the Highlands of Trophy Club Public Improvement District #1,
Council discussion and appropriate action regarding same.
Town Manager gave a progress report, no action taken.
C.9 Consolidation Task Force Committee Report
A.) Progress to date from prior two meetings.
Council member Strother provided the report, no action taken.
C.10 Town Manager Report
A.) Update on land Acquisition for Fire Station
Town Council Minutes -January 5, 2009 7
Town Manager Emmons provided an update on the Land Acquisition for a Fire Station, no action taken.
C.11 Items for Future Agenda.
Council member Moss asked the status of #2 Town ManagerEmmons to report on the sound barrier issues
on the east side and conversations with TXDOT, and discussion of same.
Town Manager Emmons stated that the sound barrier would mostly be in the City of Roanoke. Emmons will
contact Roanoke City Manager Stathatos for an update.
0.1 Adjourn.
Motion made by Sterling, seconded by Edstrom to adjourn.
Motion passed unanimously, meeting adjourned at 10:38 p.m.
~H~ ne ,TownSecreta~ N~~~~
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes -January 5, 2009 8