Minutes TC 12/10/2012MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLlIB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 10,2012 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, December
10,2012. 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 Mayor
Bill Rose CouncillVlember, Place 1
Jeannette Tiffany Council Member, Place 2
Clint Schroeder Council Member, Place 3
Danny Mayer Council Member, Place 4
Glenn Strother Mayor Pro Tern
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Patricia Adams Town Attorney
Shannon DePrater Town Secretary
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Community Development Director
Michael Aguilera Finance Director
Mayor White announced the date of December 10, 2012, called the meeting to order and announced a
quorum at 7:00 p.m.
REGULAR SESSION
The Invocation was offered by Fire Chief Danny Thomas.
The Pledges were led by Police Chief Scott Kniffen.
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.
Steven Gutterrez, 2629 Kingsford Lane, presented the Council with a petition to lower the speed limit to
20 mph in The Highlands.
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.
1. Consider and take appropriate action regarding the Minutes dated November 5,2012.
2. Consider and take appropriate action regarding the Minutes dated November 14, 2012 (Special
Session).
3. Consider and take appropriate action regarding the Minutes dated November 19,2012 (Special
Session).
4. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article III entitled "International Building Code" of Chapter 3 entitled
"Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009
Edition of the International Building Code and local amendments thereto as a new Article III
"International Building Code" of Chapter 3 "Buildings and Construction"; repealing the 2003
International Building Code and local amendments thereto; 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 committee each day during or on which a violation occurs or continues; providing for
publication; and providing an effective date.
5. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article IV entitled "International Residential Code" of Chapter 3 entitled
"Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009
Edition of the International Residential Code and local amendments thereto as a new Article IV
"International Residential Code" of Chapter 3 "Buildings and Construction"; repealing the
2003 International Residential Code and local amendments thereto; 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 committee each day during or on which a violation occurs or continues;
providing for publication; and providing an effective date.
6. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article VII entitled "International Plumbing Code" of Chapter 3 entitled
"Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009
Edition of the International Plumbing Code and local amendments thereto as a new Article VII
"International Plumbing Code" of Chapter 3 "Buildings and Construction"; repealing the 2003
International Plumbing Code and local amendments thereto; 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 committee each day during or on which a violation occurs or continues; providing for
publication; a.nd providing an effective date.
7. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article VI entitled "International Mechanical Code" of Chapter 3 entitled
"Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009
Edition of the International Mechanical Code and local amendments thereto as a new Article VI
"International Mechanical Code" of Chapter 3 "Buildings and Construction"; repealing the
2003 International Mechanical Code and local amendments thereto; 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 committee each day during or on which a violation occurs or continues;
providing for .publication; and providing an effective date.
8. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article VIII entitled "International Energy Conservation Code" of Chapter 3
entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting
the 2009 Edition of the International Energy Conservation Code and local amendments thereto
as a new Article VIII "International Energy Conservation Code" of Chapter 3 "Buildings and
Construction"; repealing the 2003 International Energy Conservation Code and local
amendments thereto; 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 committee each day during
December 10, 2012 Minutes Page 2 of 9
or on which a violation occurs or continues; providing for publication; and providing an
effective date.
9. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article IX entitled "International Fire Code" of Chapter 3 entitled "Buildings
and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of
the International Fire Code and local amendments thereto as a new Article IX "International
Fire Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Fire
Code and local amendments thereto; 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
committee each day during or on which a violation occurs or continues; providing for
publication; and providing an effective date.
10. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas amending Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of
the Town, by adopting Article XVIII entitled "International Fuel Gas Code"; providing for an
amendment to adopt the 2009 Edition of the International Fuel Gas Code and local
amendments thereto; 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 committee each day during
or on which a violation occurs or continues; providing for publication; and providing an
effective date.
11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article XVI entitled "International Property Maintenance Code" of Chapter 3
entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting
the 2009 Edition of the International Property Maintenance Code and local amendments
thereto as a new Article XVI "International Property Maintenance Code" of Chapter 3
"Buildings and Construction"; repealing the 2003 International Property Maintenance Code
and local amendments thereto; 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 committee each
day during or on which a violation occurs or continues; providing for publication; and
providing an effective date.
12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas repealing Article V entitled "National Electrical Code" of Chapter 3 entitled "Buildings
and Construction" of the Code of Ordinances of the Town, and adopting the 2011 Edition of
the National Electrical Code and local amendments thereto as a new Article V "National
Electrical Code" of Chapter 3 "Buildings and Construction"; repealing the 2002 National
Electrical Code and local amendments thereto; 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
committee each day during or on which a violation occurs or continues; providing for
publication; and providing an effective date.
13. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas amending Section 2.01 entitled "Appointments" of Article II, entitled "Presiding Judge"
of Chapter 7 ,ntitled "Municipal Court" of the Code of Ordinances to re-appoint and extend the
term of the current Presiding and Alternate Judges to January 2015.
14. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas amending Section 2.02(B) entitled "Speed of Vehicles" of Article II, entitled 'Traffic and
Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town to add
subsection 2.02 (B)(6) and subsection 2.02(B)(7) designating two additional special speed
zones (school zones) on Trophy Club Drive and establishing effective times for those zones;
providing for publication, providing a penalty not to exceed two hundred dollars ($200.00) for
each violation; and providing an effective date.
December 10, 2012 Minutes Page 3 of 9
15. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club,
Texas amending Resolution No. 2012-09 authorizing the creation of the Charter Review
Commission by amending Section 3 of Resolution 2012-09 to designate February 28, 2013 as
the date upon which the term of office of the Commission will expire; and providing an
effective date.
16. Consider and take appropriate action regarding an interlocal agreement between the Town
and Denton County to provide Ambulance Services, and authorizing the Mayor or her
designee to execute all necessary documents.
17. Consider and take appropriate action regarding an interlocal agreement between the Town
and Tarrant County Emergency Services District No.1 to provide Emergency Medical Services
to a designated service area, and authorizing the Mayor or her designee to execute all
necessary documents.
Motion made by Council member Rose, seconded by Council member Tiffany, to approve the consent
agenda items as amended at the dais. Motion carried unanimously.
CONVENE INTO PUBLIC HEARING -7:08 P.M.
18. Public Hearing regarding a request for a Zoning Change from "R-12" Single Family Residential
to "NS" Neighborhood Services for an approximate 11.603 acres located at 800 Trophy Club
Drive at the southwest corner of the Roundabout --Trophy Lake Drive and Trophy Club Drive
intersection.
Community Development Director Carolyn Huggins presented the CounCil with the request of a Zoning
Change. Huggins provided the history of the property and explained the current zoning and requested
zoning. Planning &Zoning Chairman Gene Hill stated the following to the Council:
The Planning and Zoning Commission met December 6, 2012 to consider a request for a zoning change
from R-12 Single Family Residential to !INS" Neighborhood Services for an approximate 11.603 acres
located at 800 Trophy Club Drive at the Southwest corner of the RoundaboutlTrophy Lake DrivelTrophy
Club Drive intersection, which is the site of The Church at Trophy Lakes.
Following a Public Hearing and due consideration of the applicant's request, a motion to recommend
approval of rezoning for the subject tract to !INS" Neighborhood Services carried by a vote of 6 in favor
and 1 opposed.
RECONVENE INTO REGULAR SESSION -7:15 P.M.
19. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas amending Ordinance No. 2000-06 P&Z of the Town, the "Comprehensive Zoning
Ordinance" and amending the Official Zoning Map of the Town by changing the zoning on an
approximate 11.603 acre tract of land located at 800 Trophy Club Drive, from "R-12" Single
Family Residential to "NS" Neighborhood Services; providing for publication; 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; and providing an effective date. (ZCA-12-018).
Motion made by Council member Mayer, seconded by Council member Rose, to approve the rezoning
request located at 800 Trophy Club Drive, from "R-12" Single Family ReSidential to "NS" Neighborhood
Services. Motion carried unanimously.
December 10, 2012 Minutes Page 4 of9
20. Consider and take appropriate action regarding a request for approval of a Final Plat for
Neighborhood 5, Phase 2E (6.631 acres) located in The Highlands at Trophy Club, R. Allen
Survey, Abstract No.5 and 17. Applicant: Jacobs on behalf of High Trophy Development L.P.
(FP-12-052)
a. Consider and take appropriate action regarding a Subdivider's Agreement between the
Town and High Trophy Development L.P. for Neighborhood 5, Phase 2E; and authorizing
the Mayor or her designee to execute necessary documents.
Motion made by Council member Rose, seconded by Council member Tiffany, to approve the
Subdivider's Agreement and Final Plat for Neighborhood 5, Phase 2E. Motion carried unanimously.
21. Discuss and take appropriate action regarding a professional services agreement between the
Town and Freese and Nichols for engineering services related to the Fresh Meadow and
Timber Ridge drainage projects; and authorizing the Town Manager or his designee to execute
the all necessary documents.
Motion made by Council member Mayer, seconded by Council member Tiffany, to approve a professional
services agreement between the Town and Freese and Nichols for engineering services related to the
Fresh Meadow and Timber Ridge drainage projects; and authorizing the Town Manager or his designee
to execute the all necessary documents to include one homeowners' meeting per project. Motion carried
unanimously.
22. Consider and take appropriate action regarding the First Modification to the Canterbury Hills,
Phase 1A Subdivider's Agreement by and between the Town and BDMR Development, LLC,
and authorizing the Mayor or her deSignee to execute all necessary documents.
Motion made by Council member Mayer, seconded by Council member Schroeder, to approve the First
Modification to the Canterbury Hills, Phase 1A Subdivider's Agreement by and between the Town and
BDMR Development, LLC, and authorizing the Mayor or her designee to execute all necessary
documents. Motion carried unanimously.
23. Consider and take appropriate action regarding the First Modification to the Waters Edge at
Hogan's Glen, Phase 2B-2 Subdivider's Agreement by and between the Town and BDMR
Development, LLC, and authorizing the Mayor or her designee to execute all necessary
documents.
Motion made by Council member Rose, seconded by Council member Schroeder, to approve the First
Modification to the Waters Edge at Hogan's Glen, Phase 2B-2 Subdivider's Agreement by and between
the Town and BDMR Development, LLC, and authorizing the Mayor or her designee to execute all
necessary documents. Motion carried unanimously.
24. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,
Texas amending the FY 2012-2013 budget of the Town of Trophy Club, Texas (Budget
Amendment No.1); making a transfer of appropriations in accordance with the Town Charter
for the purchase of decorations for the roundabout; and providing an effective date.
Motion made by Council member Tiffany, seconded by Council member Rose, to approve Ordinance
2012-39 of the Town of Trophy Club, Texas amending the FY 2012-2013 budget of the Town of Trophy
Club, Texas (Budget Amendment No.1); making a transfer of appropriations in accordance with the Town
Charter for the purchase of seasonal decorations for the Town; and providing an effective date. Motion
carried unanimously.
December 10,2012 Minutes Page 5 of9
25. Consider and take appropriate action regardi~g a Resolution of the Town of Trophy Club,
Texas authorizing the purchase of an outdoor warning siren for the northern part of the Town
from American Communications; finding that American Communications qualifies as the sole
source supplier of an outdoor warning siren that is compatible with the Town's existing
outdoor warning system; authorizing the Town Manager or his designee to take such action
and execute such documents as necessary to effectuate the purchase; and providing an
effective date.
Motion made by Council member Rose, seconded by Council member Mayer, to approve Resolution
2012-31 of the Town of Trophy Club, Texas authorizing the purchase of an outdoor warning siren for the
northern part of the Town from American Communications; finding that American Communications
qualifies as the sole source supplier of an outdoor warning siren that is compatible with the Town's
existing outdoor warning system; authorizing the Town Manager or his designee to take such action and
execute such documents as necessary to effectuate the purchase; and providing an effective date.
Motion carried unanimously.
26. Consider and take appropriate action regarding the following Resolutions affecting the
appointment of residents to various Town Boards and Commissions:
a. A Resolution repealing Resolution No. 2009-04 and Resolution No. 2010-23 and appointing
one resident to serve as the ASA Liaison, and providing an effective date.
Motion made by Council member Rose, seconded by Council member Mayer, to approve Resolution
2012-32 repealing Resolution No. 2009-04 and Resolution No. 2010·23 and appointing Timothy
Gamache to serve as the ASA Liaison, and providing an effective date. Motion carried unanimously.
b. A Resolution amending Resolution No. 2012-26 appointing citizens to serve on various
boards and commissions by appointing one resident to serve on the Citizens Financial
AdviSOry Board, and providing an effective date.
Motion made by Mayor Pro Tem Strother, seconded by Council member Rose, to approve Resolution
2012-33 amending Resolution No. 2012-26 appointing citizens to serve on various boards and
commissions by appointing Neil Justice to serve on the Citizens Financial Advisory Board, and providing
an effective date. Motion carried unanimously.
27. Consider and take appropriate action regardi~g a Resolution of the Town of Trophy Club,
Texas authorizing the creation of a Temporary Board of Directors for the proposed Trophy
Club Crime Control and Prevention District, appointing seven residents to serve as the
Temporary Directors of the Board; setting forth objectives for the Temporary Board; and
providing an effective date.
Town Manager Slye asked that Council include Brent Card as the seventh member of this Board.
Motion made by Council member Rose, seconded by Council member Schroeder, to approve Resolution
2012-34 of the Town of Trophy Club, Texas authorizing the creation of a Temporary Board of Directors
for the proposed Trophy Club Crime Control and Prevention District, appointing Paul Glowacki, Dena
Boudreau, Christopher Davis, James Jay Isherwood, Timothy Gamache, Adam Broyles, and Brent Card
to serve as the Temporary Directors of the Board; setting forth objectives for the Temporary Board; and
providing an effective date with the addition of Brent Card. Motion carried unanimously.
December 10,2012 Minutes Page 6 of9
28. Consider and take appropriate action regarding the adoption of a new logo for the Town of
Trophy Club.
Motion made by Council member Schroeder, seconded by Council member Rose, to refer agenda item
28 to the next council meeting. Motion carried unanimously.
29. Consider and take appropriate action regarding financial and variance report dated October
2012.
Motion made by Council member Schroeder, seconded by Mayor Pro Tem Strother, to approve the
financial and variance report dated October 2012. Motion carried unanimously.
30. Town Council Liaison Updates; discussion of same:
-Charter Review Commission Meetings; Council member Tiffany
-November 13,2012 Parks & Recreation Meeting; Council member Schroeder
-November 19,2012 EDC 4B Meeting; Mayor Pro Tem Strother
-November 20,2012 MUD1 Meeting; Council member Rose
Council members provided brief updates of their respective Board meetings and addressed questions; no
action taken, update only.
31. Town Manager Slye's update regarding the following; discussion of same.
-Churchill Downs
-November 7-8, 2012 ICSC Conference
-December 7,2012 Roundabout Dedication
-December 8, 2012 Clock Tower and Tree Lighting
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
32. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
-November 6, 2012 Monthly Chamber Meeting and Luncheon
-November 14-16, 2012 TML Conference
-November 27,2012 Chamber Expo
-December 4,2012 Monthly Chamber Meeting and Luncheon
-December 6,2012 Emergency Preparedness Planning Council
-December 7,2012 Legislative Breakfast
Mayor White and Council members updated the Council and addressed questions regarding meetings
attended; no action taken, update only.
33. 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
items must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 211110)
December 10, 2012 Minutes Page 7 of9
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4126110)
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 1014110)
4. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout
the Town. (White, 212412011)
5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 51212011)
6. Consider and take appropriate action regarding ball park sign age. (Cantrell, 61612011)
7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 61612011)
8. Consider and take appropriate action regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer. (Strother,
81112011)
9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North
entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell,
11/1412011)
10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special
events and to reviewlupdate Park Policies (Cantrell, 51712012)
11. Review of #10 of Chapter 8 "Nuisances", Article I "Noise Nuisances", Section 1.01 "Nuisances
Defined" (Schroeder, 612112012)
12. Consider and take appropriate action regarding America Supporting Americans. (Mayer,
812012012)
13. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club
(White and Schroeder, 812012012)
14. Consider and take appropriate action regarding input from Staff regarding the creation of a 'PID
Board' (Mayer, 912412012)
Mayor White asked that "Consider and take appropriate action regarding Council goals and strategies" be
added to the Council agenda for January.
Council member Rose asked that "Consider and take appropriate action regarding residential speed
limits" be placed on the list.
Town Manager Slye requested item #12 be removed from the list.
EXECUTIVE SESSION
34. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2)
"Consultation With Attorney", respectively, the Council will enter into Executive Session to
consult with the Town Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically:
a. Legal Advice regarding the Interlocal Agreement for Fire Department Personnel Services
between the Town and Trophy Club MUD1
b. Legal Advice regarding the Interlocal Agreement for Contractual Personnel Services
between the Town and Trophy Club MUD1
CONVENE INTO EXECUTIVE SESSION -8:55 p.m.
December 10, 2012 Minutes Page 8 of 9
RECONVENE INTO REGULAR SESSION -10:04 p.m.
35. Consider and take appropriate action regarding Executive Session items.
Town Manager Slye explained the two Interlocal Agreements, including the cost exhibit of the Contractual
Personnel Services Interlocal Agreement. Slye stated that it is Staff's recommendation is to approve both
agreements.
Motion made by Council member Tiffany, seconded by Council member Schroeder, to approve the
Contractual Personnel Services Interlocal Agreement with MUD1. Motion carried unanimously.
Motion made by Council member Schroeder, seconded by Mayor Pro Tem Strother, to approve the Fire
Department Personnel Services Interlocal Agreement between MUD1 and the Town of Trophy Club.
Motion carried unanimously.
ADJOURN
Motion made by Council member Schroeder, seconded by Council member Tiffany, to adjourn. Motion
carried unanimously. Meeting adjourned at 10: 18 p.m.
December 10,2012 Minutes Page 9 of 9