Minutes TC 05/02/2011MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 2, 2011 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club. Texas, met in Regular Session on Monday, May 2, 2011.
The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Bill Rose
Margi Cantrell
Larry Hoover
JD Stotts
Glenn Strother
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
arrived at 6:22 p.m.
arrived at 6:19 p.m.
Michael Aguilera Interim Finance Director
Carolyn Huggins Community Development Director
April Reiling PIO I Marketing Manager
Mayor White announced the date of May 2, 2011, called the meeting to order and announced a quorum
at 6:15 p.m.
EXECUTIVE SESSION· 6:00 P.M.
1. Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters,"
the Council will enter into Executive Session to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee
relating to:
A. The annual evaluation of Town Manager Mike Slye
Council convened into Executive Session at 6: 15 p.m.
Council took a short break and resumed at 7:10 p.m.
RECONVENE INTO REGULAR SESSION -7:10P.M.
The Invocation was offered by Council member Stotts.
The Pledges were led by Mayor Pro Tem Rose.
2. Consider and take appropriate action regarding the Executive Session items.
Motion made by Mayor Pro Tern Rose, seconded by Council member Stotts, to remove Town Manager
Slye from temporary status to permanent employment status. Motion carried unanimously without further
discussion.
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.
No citizen presentations were made.
PROCLAMATIONS
3. Consider and take appropriate action regarding a Proclamation declaring May 15 -May 21,
2011 as National EMS Week 2011 with May 1 B, 2011 set aside as Emergency Medical Services
for Children (EMSC) Day.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Proclamation
2011-06 declaring May 15 -21, 2011 as National EMS Week 2011 with May 18, 2011 set aside as
Emergency Medical Services for Children Day. Motion carried unanimously without further discussion.
4. Consider and take appropriate action regarding a Proclamation declaring May 15 -May 21,
2011 as National Police Week.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Proclamation
2011-07 declaring May 15 -21, 2011 as National Police Week. Motion carried unanimously without
further discussion.
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.
Council member Cantrell requested consent agenda item 7 be removed.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve agenda item 5
and 6 presented. Motion carried unanimously without further discussion.
5. Consider and take appropriate action regarding the Minutes dated March 21, 2011.
6. Consider and take appropriate action regarding the Minutes dated March 29, 2011 (Regional
Joint Council Workshop).
May 2,2011 Minutes Page2of7
7. Consider and take appropriate action regarding an Ordinance amending Article 16 entitled
"Citizens Financial Advisory Board" of Chapter 1 entitled "Administration" of the Code of
Ordinances to further clarify the duties of the CFAB; and providing an effective date.
Motion made by Rose, seconded by Hoover, to approve Ordinance 2011-16 amending Article 16 entitled
"Citizens Financial Advisory Board" of Chapter 1 entitled "Administration" of the Code of Ordinances to
further clarify the duties of the CFAB; and providing an effective date.
Mayor White amended the motion, seconded by Council member Cantrell, to have Section 16.03 A. state
"The Board shall only address those issues within the parameters directed or approved by Council."
Motion passed unanimously.
Original motion carried unanimously without further discussion.
Council convened into Public Hearing at 7:35 p.m.
PUBLIC HEARING
Mayor White moved agenda items 9 and 10 forward:
9. Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan
for Northwest Independent School District's Byron Nelson High School to expand the parking
lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISO. SP-11-014
The school district wishes to expand the parking capacity at Byron Ne[son High School. They anticipate
that with the addition of seniors in Fall 2011, most of whom will drive a car to school, there will not be
enough parking spaces availab[e for teachers and students on the campus. The school district is
requesting approval of a revised site plan that adds 778 additional parking spaces which wil[ double the
existing parking. Additional landscaping will be added and additional parking lot lights will be added.
Mickey Thomas, M. J. Thomas Engineering, gave a brief presentation outlining each waiver being
requested:
WAIVERS REQUESTED
1. PD-28, Section B, 1. (a) states that planter islands or berms must be located no further apart than
every 24 parking spaces and at the terminus of all rows of parking. On sheet C-2, Site Plan, the
proposed northern parking areas show a section of "New Parking (34 spaces)" in which there are
27 parking spaces before a planter island occurs. [n order to provide a planter island at 24
spaces, a fire hydrant would need to be relocated. The applicant requests a waiver allowing one
instance of 27 spaces before a planter island occurs.
2. The proposed parking lot on the northwest corner of the site, adjacent to Bobcat B[vd. that states
"New Parking (42 spaces)" has approximately six (6) spaces in the 30-ft. building setback. The
applicant asks for a waiver to allow parking in the building setback in this location on the high
school campus.
3. On the east side of the high school site, the applicant is proposing "New Parking (89 spaces)".
There is a 40-ft. landscape buffer required adjacent to residential and the 89 new parking spaces
encroach into the 40-ft. landscape buffer. However, since there is an 80-ft. wide creek separating
the N[SD property from the residentially zoned district to the south/southeast, N[SD requests a
waiver for the 40-ft. landscape buffer in order to place parking in that area.
4. Photometrics: Town regulations require that parking lot lights shall provide illumination within the
parking facility not to exceed one foot-candle at ground level and shall distribute not more than
two-tenths (0.2) of one foot-candle of light upon any adjacent residentially zoned district. There
are a number of locations within the site where the parking lot lights exceed one-foot candle at
May 2, 2011 Minutes Page 3 of 7
ground level and these locations were granted a waiver by the Town Council in 2007. The
applicant asks that this waiver continue. The plans meet the requirement that illumination shall
distribute not more than two-tenths (0.2) of one-foot candle of light upon any adjacent
residentially zoned district.
10. Public Hearing to consider an Ordinance amending Article 3 "Establishment of Districts" and
Article 5 "Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to
provide regulations for the sale of alcohol for off-premises consumption in the Town of
Trophy Club; providing a penalty not to exceed Two Thousand Dollars for each violation; and
providing an effective date.
On May 14, 2011, Trophy Club residents will vote on a local option to permit the sale of liquor for off-
premise consumption. If the option is approved by votes, the Council wishes to have zoning regulations
and application procedures for a liquor store on the books in order to ensure good governance of retail
liquor store establishments within the community. The ordinance, for Council consideration this evening,
proposes allowing a liquor store in "CG" Commercial General zoning and a Specific Use Permit will be
required that will be heard by the Planning and Zoning Commission and Town Council.
Mayor White stated that Council member Cantrell has filed a Conflict of Interest Affidavit for Public
Hearing Agenda Item Number 8 and its companion Action Agenda Item Number 11 and will leave the
Council Chambers prior to discussion of these 2 items.
8. Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant,
located in Planned Development No. 13 -Village Shopping Center, 2001 Highway 114, Suite
190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant:
Howard Tseung on behalf of Feng Chen Enterprise, Inc.
The applicant, Howard Tseung, on behalf of Feng Chen Enterprise, Inc., wishes to serve alcoholic
beverages in the "Fish & Knife Japanese Restaurant" which they will be opening soon in Planned
Development No. 13 "Village" Shopping Center at Highway 114 and Trophy Club Drive. Town of Trophy
Club regulations require approval by the Town Council, after consideration by the Planning and Zoning
Commission, of a specific use permit for alcohol sales. The Planning and Zoning Commission met on
April 7, 2011, to consider this request and the Commission, by a 6-0 vote (Vice Chairman Stephens was
absent) recommend approval.
Council will reconvene into Regular Session at 7:58
RECONVENE INTO REGULAR SESSION
11. Consider and take appropriate action regarding a request for approval of a Specific Use
Permit for a restaurant, located in Planned Development No. 13 -Village Shopping Center,
2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage
certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc.
Motion made by Council member Strother, seconded by Council member Stotts, to approve a request for
a Specific Use Permit. Motion carried 5:0:1. Council member Cantrell was still out of the Council
Chambers during vote.
12. Consider and take appropriate action regarding a request for approval of a revised Site Plan
and Landscape Plan for Northwest Independent School District's Byron Nelson High School to
expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISO. SP-
11-014
May 2, 2011 Minutes Page 4 of 7
Motion made by Council member Stotts, seconded by Council member Hoover, to approve a request for
approval of a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron
Nelson High School to expand the parking lots.
Mayor Pro Tem Rose amended the motion, seconded by Council member Cantrell, to include approving
the requested waivers. Motion carried unanimously.
Original motion carried unanimously.
13. Consider and take appropriate action regarding an Ordinance amending Article 3
"Establishment of Districts" and Article 5 "Sale of Alcoholic Beverages" of Chapter 13
"Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for off-
premises consumption in the Town of Trophy Club; providing a penalty not to exceed Two
Thousand Dollars for each violation; and providing an effective date.
On May 14, 2011, Trophy Club residents will vote on a local option to permit the sale of liquor for off-
premise consumption. If the option is approved by votes, the Council wishes to have zoning regulations
and application procedures for a liquor store on the books in order to ensure good governance of retail
liquor store establishments within the community. The ordinance, for Council consideration this evening,
proposes allowing a liquor store in "CG" Commercial General zoning and a Specific Use Permit will be
required that will be heard by the Planning and Zoning Commission and Town Council.
Motion made by Council member Stotts, seconded by Council member Cantrell, to approve Ordinance
2011-17 amending Article 3 "Establishment of Districts" and Article 5 "Sale of Alcoholic Beverages" of
Chapter 13 "Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for off-
premises consumption in the Town of Trophy Club; providing a penalty not to exceed two thousand
dollars for each violation; and providing an effective date.
Mayor Pro Tem Rose, seconded by Council member Cantrell, amended the motion to read with the
amendment, changing from Section 3.02 to Section 3.03. Motion carried unanimously.
Original motion carried unanimously without further discussion.
14. Consider and take appropriate action regarding an Ordinance amending Article XV "Swimming
Pools" of Chapter 3 "Buildings and Construction" of the Code of Ordinances relative to the
draining of swimming pools; providing for a penalty not to exceed two thousand dollars for
each violation; and providing an effective date.
Town Manager Slye stated we have a pool ordinance on the books and everyone is familiar, there is no
requirement from TCEO to regulate swimming pool discharge, this Council did so in 2008. The Town's
MS4 storm water permit was based on several documents that did not include the document we have
now. There is no requirement to regulate swimming pool discharge, we do so by compliance; one of the
provisions is what a pool owner can do with the discharge that meets the requirements of the ordinance
that all they need to do is sign the compliance form. The Town has not been aggressive except to
compliance as an exception. Slye has been on the phone with TCEO and they have commented that we
are in front of the power curve with our ordinance; this leads Slye to believe that when it is time to reapply
for our permit, there may be a requirement.
Motion made by Council member Hoover, seconded by Council member Stotts, to approve Ordinance
2011-18 (Option A) as revised on the dais.
Mayor Pro Tem Rose, seconded by Council member Hoover, made a motion to amend section 2.03 to
read:
May 2, 2011 Minutes Page 5 of 7
2.03 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of Ordinances of the Town of Trophy
Club, Texas is hereby amended, so that Subsections 5 and 6 of Section (K) entitled "Clarity of Water" of
Section 15.04 entitled "Swimming Pools" is hereby repealed in its entirety and Section 2.04 on the revised
version is deleted. Motion carried unanimously.
Original Motion carried 5:0:1 with Council member Strother abstaining.
15. Consider and take appropriate action regarding a Resolution of the Town Council of the Town
of Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to the Boards
and Commissions; providing for the appointments of citizen volunteers to serve on the
Citizens Financial Advisory Board and the Ethics Commission; designating terms of service;
and providing an effective date.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve Resolution 2011-
OB. Motion carried unanimously.
16. Consider and take appropriate action regarding a Resolution ratifying the Trophy Club
Reserve Police Force Program and the appointment of the Reserve Force by the Chief of
Police; and providing an effective date.
Recently it has come to our attention that there is an interpretation of a provision of the Local Government
Code relative to Police Reserve programs that Council approval of Reserve Police Officers may be
required. That is certainly one interpretation, and while staff does not necessarily agree with that
interpretation, as a precautionary measure, staff is seeking the ratification of the appointment of Reserve
Officers Mauthe, Ngyuen, Glover, Hankins, and Bury which were made by the Chief of Police pursuant to
express provisions of the Local Government Code.
Motion made by Stotts, seconded by Rose, to approve Resolution 2011-11. Motion carried unanimously
without further discussion.
17. Town Manager Slye's update regarding the following; discussion of the same.
-Independence Park East Landscape Plan Update
-Roundabout Funding Update
-Finance Director Position Update
-TML IEBP Conference, May 11 -14, 2011
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
18. Town Council Liaison Updates; discussion of same:
-April 19, 2011 TCMUD No.1 Meeting -Mayor Pro Tern Rose
-April 25, 2011 EDC 4A Meeting -Council member Cantrell
Mayor Pro Tem Rose and Council member Cantrell gave brief updates addressed questions. No action
taken, update only.
19. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
-Metroport Cities Partnership Meeting -April 21, 2011
-Bubbles of Love -April 25, 2011
-North Texas Commission -April 26, 2011
-Arbor Day Celebration -April 30, 2011
May 2, 2011 Minutes Page 6 of 7
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
20. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
l1ems must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 211/10)
2. Consider and take appropriate action regarding placing policies and procedures on the Town web
site. (Rose, 211/10)
3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action
ofthe same. (Stotts, 6/21/10)
5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
6. Consider and take appropriate action regarding Planning & Zoning readiness if Local Option Election
Petition is successful. (Cantrell, 1/3/11)
7. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother,
2124/2011)
8. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout
the Town. (White, 2124/2011)
9. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011)
Council member Cantrell requested item #6 be removed and replace with ordinances regarding signs in
retail windows.
ADJOURN
Motion made by Council member Stotts, seconded by Council member Cantrell to adjourn. Motion
carried unanimously.
Meeting adjourned at 9:43 p.m.
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
May 2, 2011 Minutes
Connie White, Mayor
Town of Trophy Club, Texas
Page 7 of 7