Minutes TC 11/02/2009MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 2, 2009 7:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
November 2, 2009. The meeting was held within the boundaries of the Town and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Susan Edstrom Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Glenn Strother
Philip Sterling
Mayor Pro Tern
Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Lisa.Hennek
Patricia Adams
Scott Kniffen
Kathy DuBose
Carolyn Huggins
Chris King
Town Manager
Town Secretary
Town Attorney
Police Chief
Finance Director
Planning and Zoning Manager
Building Inspector
Mayor White announced the date of November 2, 2009, called to order and announced a
quorum at 7:00 p.m.
Mayor White announced the absences of Mayor Pro Tern Strother and Council member
Sterling.
Invocation offered by Fire Chief Thomas.
Pledges led by Council member Rose.
CITIZEN PRESENTATIONS:
No citizens addressed the Council.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will
be enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.
Minutes dated November 2, 2009 1
1. 09-450-T Consider and take appropriate action regarding the Minutes dated October
19,2009.
Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Item 1.
Motion passed unanimously without any discussion.
Time Opened: 7:04 p.m.
PUBLIC HEARING
2. 09-409-T Public Hearing to consider an Ordinance amending the Town of Trophy Club
Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming
Pools, and Chapter 13-Zoning, Article V-Supplementary District Regulations, affecting
the location of swimming pools. (ADM-09-005)
Planning and Zoning Chairman Hill was in attendance.
Mayor White stated that the purpose of this item was to define where a swimming pool may be
located on a residential lot.
On October 21, 2009, the Planning and Zoning Commission heard Staff comments relevant to
proposed changes to the Town of Trophy Club Code of Ordinances regarding location of
residential swimming pools in rear and/or side yards. The current ordinance, dated 2005, restricts
pool locations to the defined rear yard only.
This limitation has recently generated a number of variance requests to the Zoning Board of
Adjustments. After the hearings, all were granted variances. Additional requests for variance are
pending with the ZBA at this time.
Following Staff comments and discussion, and by a vote of 5 -0, (2 members absent), the
Commissioners recommend approval of swimming pool location amendments. The
recommendation for a 20-foot setback from the building front in a side yard is compliant with the
stipulation in the Commissioner's motion.
No citizens addressed the Council.
3. 09-430-T Public Hearing to consider an Ordinance amending Ordinance No. 2007-15
P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete,
alter, and/or allow changes to lot size requirements, configuration and amenities for
Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous
changes to PD-27. (PD AMD 09 031)
No citizens addressed the Council.
Time Closed: 7:05 p.m.
REGULAR SESSION
4. 09-429-T Consider and take appropriate action regarding an Ordinance amending
Town of Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction,
Article XV-Swimming Pools, and Chapter 13-Zoning, Article V Supplementary District
Regulations, affecting the location of swimming pools. (ADM-09-005)
Minutes dated November 2, 2009 2
Planning and Zoning Chairman Hill was in attendance and stated On October 21, 2009, the
Planning and Zoning Commission approved 5 -0, (2 members absent), the Commissioners
recommendation
Town Manager Emmons stated that due to the number of ZBA requests for residential swimming
pools in rear and/or side yards of the house and based on the stringency of the current
Ordinance, Staff is requesting approval.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Town of
Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming
Pools, and Chapter 13-Zoning, Article V Supplementary District Regulations, affecting the
location of swimming pools.
Council Member Wilson and Mayor White commented that it is good for Council to be proactive
considering the number of ZBA requests.
Motion passed unanimously without further discussion.
5. 09-431-T Consider and take appropriate action regarding an Ordinance amending
Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at
Trophy Club, to delete, alter, and/or allow changes to lot size requirements,
configuration and amenities for Neighborhood 8, an approximate 52.66 acre tract, and
other related miscellaneous changes to PD-27. (PD AMD 09 031)
Mayor White stated that Planned Development No. 27, Neighborhood 8 was granted zoning
approval in April 2007 as a gated community with 3,000 sq. ft. lots for the development of 260 Lot
Type 5 single family attached (townhouse) dwellings. The owner is requesting a zoning change
for Neighborhood 8 to allow 185 single family detached dwellings to be built on lot sizes of 5,250
square feet (minimum). The specific changes to Planned Development No. 27 ordinance are
summarized in the packet.
The developer, Mehrdad Moayedi, was in attendance and explained that his request is a result of
trying to sell this neighborhood, marketed extensively to builders and has had no luck. By
requesting a change to the product (neighborhood) as single family homes, he has a builder
ready to buy the lots and begin developing the neighborhood.
Council member Edstrom requested the fioor space be increase to a minimum of 1,800 sq feet.
Mr. Moayedi agreed to the increase.
Council member Rose questioned the offset between the well and home sites. Steve Lenart from
Lenart Development Company explained that all sites have the required dedicated set backs.
Council discussed the Minimum Floor Area, offsets for garages, and additional 'Gifts to the
Street". Staff explained that green space is not part of the parkland.
Council member Rose presented a concept perception of the homes in the Home Town
subdivision in North Richland Hills stating that he liked this look. Mr. Moayedi knows this product
and appreciates the Home Town subdivision, which is a very different SUb-division than the one
they designed for the Town.
Mayor White commented that the Home Town subdivision is very interesting, but very different to
Neighborhood 8.
Council Member Edstrom reminded the Council that there is little support for alleys, and
suggested the Council deal with the current PO and proposed requests.
Minutes dated November 2, 2009 3
Planning and Zoning Chairman Hill stated that the Planning and Zoning Commission approved
5:0 on October 21, 2009 with stipulations. The stipulations have been incorporated into the
redlined document that was included in Council's packet.
Mr. Lenart advised that the Home Owner's Association would be responsible for enforcing the
deed restrictions and maintaining the green space.
Motion made by Edstrom, seconded by Rose to approve an Ordinance amending Ordinance No.
2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete,
alter, and/or allow changes to lot size requirements, configuration and amenities for
Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous changes to
PD-27; as recommended by Staff and Planning & Zoning, along with the changes incorporated
and provided to Council tonight, including the fioor space of 1,800 minimum sq feet, the
mandatory offset for the garages and a connector trail behind the open space.
Motion passed unanimously without further discussion.
6. 09-451-T Consider and take appropriate action regarding financial and variance report
dated: a. August 2009 and September 2009.
Motion made by Rose, seconded by Edstrom to approve the financials and variance reports
dated August 2009 and September 2009.
Town Manager Emmons shared how the economy affected the pool parties and concessions thus
resulting in lower revenues.
Motion passed unanimously without further discussion.
Mayor White reopened Citizen Presentations.
John Sczerba, 560 Timber Ridge Drive -Mr. Sczerba stated that as new residents, he and his
wife have been met with a lot of unforeseen costs resulting from the Pool Ordinance and flooding
issues.
The Council suggested Mr. Sczerba schedule a meeting with Town Manager Emmons.
7. 09-444 Consider and take appropriate action regarding the enforcement of House Bill
No. 55 relating to the offense of using cell phones in school zones.
Staff is requesting Council's direction regarding the installation of signage required for
enforcement of the new law. The cost for signage is approximately $550.00.
Margi Cantrell, 1105 Sunset Drive, Trophy Club, TX 76262 -Submitted a letter in favor of the
enforcement.
Town Manager Emmons stated that per Council's request at their October 19,2009 meeting, the
online survey was implemented on the Town's website on Friday, October 23. Of the 49 people
who completed the survey, 71.4% support the Bill and 28.6% do not. Emmons explained the law
is ambiguous regarding the enforcement and signs. This will be revised in two years and it will be
mandatory.
Barbie Kadow, 322 Village Trail-Spoke against the enforcement.
Minutes dated November 2, 2009 4
Council member Wilson does not advocate too much governance and Council should use
governance to protect the most vulnerable, it only takes one child and one time. Wilson stated
that she could not bear the responsibility of even one child being hurt in the next two years,
should this Council wait two years and until the law mandates the posting of the signs.
Council member Edstrom stated that responses received from her constituents support House Bill
No. 55.
Council member Rose considered the time of transit through the school zones. Rose read a
summary comparing cell phone use and drunk driving and stated that he cannot endorse the
performance level of an intoxicated person going thru a school zone while talking on a cell phone.
Mayor White understands that there are other distractions; however Council can now control cell
phones in school zones given House Bill No. 55.
Motion made by Edstrom, seconded by Rose to approve the enforcement of House Bill No. 55
relating to the offense of using cell phones in school zones.
The Council suggested Staff create a fact sheet to provide to the school, place on the website
and send CTY message.
Motion passed unanimously without further discussion.
Council took a five-minute break.
8. 09-312-T Consider and take appropriate action regarding an Ordinance amending the
Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3,
entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards
for Permit Holders, and Providing an effective date.
The revisions suggested by Council at their October 19, 2009 have been made to the Ordinance.
Staff recommends approval.
Council member Edstrom thanked Staff for their diligence.
Motion made by Edstrom, seconded by Rose to approve an Ordinance amending the Code of
Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and
Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing
an effective date.
Motion passed unanimously without further discussion.
9. 09-453-T Receive a progress report from Council Member Wilson regarding the
October 20, 2009 TCMUD1 Meeting; discussion of same.
Council member Wilson provided a progress report from the October 20, 2009 TCMUD1 meeting
in regard to the following:
a. AppOinted MUD Director, Joseph Boclair swearing-in
b. TML Region VIII Quarterly Meeting co-hosting discussion
c. Finance department software needs discussion
d. Construction-related gas leaks; regulation request
e. Governmental water rate addressed
Minutes dated November 2,2009 5
f. Water tank concerns
10. 09-454-T Mayor and Council Update regarding training opportunities, educational
sessions, upcoming events and regional meetings.
Mayor White and Council provided a brief update on training opportunities, educational sessions,
upcoming events and regional meetings.
;,. TML Annual Conference
;,. Allied Waste Service 'Republic Services' Dinner
;,. NISD Reads Beck Elementary
;,. Deloitte University Groundbreaking Ceremony
;,. Empowering Seniors '09
11. 09-455-T Items for Future Agendas.
Mayor White added an item to the next meeting's agenda to discuss the Town's 25 'h Anniversary
to include an Ad Hoc Committee to plan this event.
Mayor White added an item to discus alternatives to Chapter 3 The Code of Ordinances entitled
"Buildings and Construction" of Article XV, entitled "Swimming Pools"; by potentially amending
section 15.04 (i) "Draining of Swimming Pools"; as it relates to Diatomaceous Earth.
Council member Edstrom, requested to see the changes to the Citizen of the Year form and
application/timeline process.
Council member Wilson requested Item #10 Item to receive a report from Town Manager
Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), NH8. be moved up.
Mayor White added an item to discuss the concept of term limits for Committees.
Council combined Items #3 -To receive a report from Town Manager Emmons regarding an
update on the Comprehensive Land Plan and Item #11 -Discuss a Planning Session for
Comprehensive Land Use.
ADJOURN
Motion to adjourn made by Wilson, seconded by Rose to adjourn. Meeting adjourned at 9:26
p.m.
akd it /7 ,/If f
Lisa Heime'k, Town'Secretary
Town of Trophy Club, Texas
Minutes dated November 2, 2009
G'bnnie White, Mayor
Town of Trophy Club, Texas
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