Minutes TC 10/21/2013MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 21, 2013 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, October 21, 2013. 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
Jeannette Tiffany Mayor Pro Tem, Place 2
Greg Lamont Council Member, Place 5
Danny Mayer Council Member, Place 4
Clint Schroeder Council Member, Place 3
Bill Rose Council Member, Place 1
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Patricia Adams
Town Attorney
Stephen Seidel
Assistant Town Manager
Tammy Ard
Town Secretary
April Reiling
PIO/Marketing Manager
Shane Beck
Fire Lieutenant
Scott Kniffen
Police Chief
Steven Glickman
Finance Director
Carolyn Huggins
Community Development Director
Adam Adams
Parks & Recreation Director
Ed Helton
Streets Services Director
Mayor White announced the date of Monday, October 21, 2013, called the Town Council to order and announced
a quorum at 6:02 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 21,
2013.
2. Discussion of proposed agenda items for the November 4, 2013 Regular Session Agenda.
Council Member Lamont asked if PD30 was going to be on the November 4`h agenda. Carolyn Huggins indicated
that it will not be.
3. Discuss and provide direction regarding the possibility of establishing a Farmer's Market within Trophy Club.
Parks & Recreation Director Adam Adams discussed the potential for a Farmer's Market in Trophy Club. The
Farmer's Market would be located in the Community Pool parking lot in the fall/winter/spring and at Harmony
Park parking lot during the summer months. Council asked clarifying questions. The Farmer's Market will offer
products that are grown or produced within the state of Texas or within 150 miles of the Farmer's Market, to
include crafts and/or gift items, fresh produce, cheese, honey, tamales, etc. Sales tax is based upon the location of
the sale. Every product is manufactured in an inspected facility.
CONVENE INTO REGULAR SESSION - START TIME -6:30 P.M.
The Invocation was offered by Adam Adams.
The Pledges were led by Stephen Seidel.
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.
Public hearing published for 7:00 pm. Moved to agenda item 8.
PUBLIC HEARING
4. Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD -21)
Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette
supplies. Applicant: Trophy Vapor, Inc.
Published in newspaper September 18`h. Applicant requesting an amendment to the Plaza Shopping Center PD to
allow for a retail store that sells electronic cigarettes. The Planning & Zoning Commission unanimously approved
therecommendation to the PD amendment. The businesses will not sell anything to minors (18 or older).
REGULAR SESSION
S. Consider and take appropriate action regarding an amendment to Planned Development No. 21 (PD -21)
Ordinance No. 99-17 P&Z to allow as a permitted use a retail. store for the sale of electronic cigarette
supplies; providing for an amendment to the Town's Zoning Map; and providing an effective date.
Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Ordinance No. 99-17 P&Z
to allow as a permitted use a retail store for the sale of electronic cigarette supplies; providing for an amendment
to the Town's Zoning Map. Motion carried 5-1-0 with Council Member Rose, Council Member Schroeder, Council
Member Mayer, Mayor White and Mayor Pro Tem Tiffany, voting for and Council Member Lamont voting against.
6. Consider and take appropriate action regarding approval of a Preliminary Plat for an approximate 10.430
acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan's
Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc.
Council Member Mayer would like for it to remain open space (40 foot of open space per the plat) for residents to
access Harmony Park. Gated at Meadowbrook and Katy for residents and will not be open to the public.
Tom Rutledge answered question about the drainage easement and the retention pond.
October 21, 2013 Minutes Page 2 of 7
The Plat is consistent with the concept plan as part of the original PD. The preliminary plat is in compliance with
the Town's subdivision rules and regulations.
Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to approve the Preliminary Plat for
an approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the
Villas of Hogan's Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development,
Inc. Motion carried 6-0-0. Motion passed unanimously.
7. Consider and take appropriate action regarding approval of a Final Plat for an approximate 10.430 acre tract
of land siluated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan's Glen, Phase
II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc.
Council asked clarifying questions regarding park dedication and the proposed start date (approximately end of
November).
Motion made by Council Member Mayer, seconded by Council Member Lamont, to approve the Final Plat for an
approximate 10.430 acre tract of land siluated in the J. Michael Survey, Abstract No. 821, to be known as the Villas
of Hogan's Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc. and
the subdividers agreement between the Town of Trophy Club and Midtown Development, Inc. acting by and
through its duly authorized representative for the installation of public improvements and facilities. Motion carried
6-0-0. Motion passed unanimously.
Consider and take appropriate action regarding Resolution No. 2013-28 amending Resolution No. 2013-11
appointing a resident to serve on the Board of the Trophy Club Crime Control and Prevention District
("TCCCPD"); and providing an effective date.
Town Manager Slye updated the Council regarding the recommendation from the CCPD Board to appoint Patrick
Arata to CCPD. Mr. Arata indicated that he was interested in the vacancy on CCPD. Council indicated they would
like to leave Patrick Arata on the Park Board until January when Jessica Nichols will meet residency qualifications.
Motion made by Council Member Schroeder, seconded by Mayor Pro tem Tiffany, to approve Resolution 2013 - 28
amending Resolution 2013 - 11 appointing a resident to serve on the Board of the Trophy Club Crime Control and
Prevention District. 6-0-0 Motion passed unanimously.
9. Consider and take appropriate action regarding an appeal to the tree mitigation requirements for Site Plan
SP -13-022, Lot 211-1, Block B, Trophy Wood Business Center and Tree Board recommendation regarding
same. Applicant: David L. Crumpton.
On September 3 Council approved a site plan for Dr. Crumpton's office to be built at SH 114 and Trophy Wood, but
building on that lot required tree mitigation. The Tree Board heard an appeal from Dr. Crumpton regarding the
$51,600 tree mitigation required for that site on October 8 and recommended a $20,000 reduction to the tree
mitigation fee, allowing for a pay off agreement over four years.
Motion made by Council Member Mayer, seconded by Mayor Pro tem Tiffany, to approve the tree mitigation
requirements for Site Plan SP -13-022, Lot 211-1, Block B, Trophy Wood Business Center per Tree Board
recommendation. Motion carried 6-0-0. Motion passed unanimously.
10. Consider and take appropriate action regarding an Ordinance amending Section 8.01, "Municipal Court" of
Article VIII, "Schedule of Fees", of Chapter 1, "Administration" of the Code of Ordinance of the Town to add
October 21, 2013 Minutes Page 3 of 7
an administrative fee for cases processed through an order of deferred disposition in the Trophy Club
Municipal Court; and providing an effective date.
The Town currently offers Deferred Disposition to offenders, but Trophy Club does not have fees associated with
the administrative back -end work required for deferred disposition. The proposed administrative fee would cover
a portion of the costs expended to process a deferred disposition option.
Motion made by Council Member Schroeder, seconded by Council Member Lamont, to approve Ordinance 2013 -
40. Motion carried 6-0-0. Motion passed unanimously.
11. Consider and take appropriate action regarding Ordinance 2006-38 codified in Article II, "Traffic & Vehicles"
of Chapter 10 "Public Safety" of the Code of Ordinances of the Town and prohibiting parking of a vehicle,
trailer, or boat along the south side of the entire length of Summit Cove Drive.
No parking on Summit Cove has been a Town Ordinance for many years due to the need for public safety (fire
trucks, police Tahoe's) to be able to maneuver through the street.
No action taken. Notify residents that there will be no change to the ordinance.
12. Consider and take appropriate action regarding Resolution No. 2013 - 30 amending Resolution No. 2013 - 22
appointing Town Council Liaison and residents to serve on various Town Boards, Commissions, and
Corporations in order to appoint residents to fill vacant seats on the Citizens Financial Advisory Board and
the Zoning Board of Adjustment; and providing an effective date.
Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Resolution No. 2013 - 30
amending Resolution No. 2013 - 22 to reappoint Mike Buck to CFAB and Joe Hennig filling the vacancy from
Marshall Englebeck resigning from ZBA. Motion carried 6-0-0. Motion passed unanimously.
13. Consider and take appropriate action regarding Resolution No. 2013-29 amending Resolution No. 2013-16
creating a Blue Ribbon Panel to study the current governmental structure within the Town by amending
Section 5 relative to the meetings of Panel subcommittees; and providing an effective date.
At the last Blue Ribbon Panel meeting, the Panel created subcommittees. The resolution would allow the Blue
Ribbon Panel to meet in subcommittees with 24 -hours posted notice. The subcommittee meetings will be open to
the public.
Motion made by Council Member Mayer, seconded by Council Member Schroeder, to approve Resolution No.
2013 - 29. Motion carried 5-1-0 with Council Member Mayer, Council Member Schroeder, Council Member Rose,
Mayor Pro Tem Tiffany and Mayor White voting for and Council Member Lamont voting against.
14. Consider and take appropriate action regarding an online message board for use by the Town Council to
discuss public business electronically, as allowed by Senate Bill 1297.
The Public Information Officer presented research regarding implementation of an online message board to the
Town website as allowed by Senate Bill 1297, including the structure, usability, appearance and cost.
No action taken. Council would like to see how other cities move forward with business electronically, as allowed
by Senate Bill 1297.
October 21, 2013 Minutes Page 4 of 7
15. Consider and take appropriate action regarding the First Modification to the Contract for Water and
Wastewater Operational Services between the Town -and Trophy Club Municipal Utility District No.1
(MUD1) in order to Revise Section 5 of the Agreement to reflect changes in customer billing procedures and
to revise party references to reflect the consolidation of MUD1 and Trophy Club Municipal Utility District
No.2; and providing an effective date.
Motion made by Council Member Rose, seconded by Council Member Mayer, to approve the First Modification to
the Contract for Water and Wastewater Operational Services between the Town and Trophy Club Municipal Utility
District No.1 (MUD1) in order to Revise Section 5 of the Agreement to reflect changes in customer billing
procedures and to revise party references to reflect the consolidation of MUD1 and Trophy Club Municipal Utility
District No.2; and providing an effective date with an amendment that any place in the document that refers to
First Modification be changed to Second Modification. Town Attorney, Patricia Adams, clarified paragraph 1 refers
to priority of interpretation it should state second modification, first modification contract. Council Member Rose
amended as per Attorney stated, seconded by Council Member Mayer. Motion carried 6-0-0. Motion passed
unanimously.
16. Review and provide direction regarding proposed Town of Trophy Club logo concepts.
April Reiling presented preliminary logo concepts and gathered Council feedback regarding designs. A total of
sixteen logo concepts were shown. Council reviewed all sixteen logos and narrowed the concepts down to four for
further refinement.
No action taken. Council provided direction only.
17. Consider and take appropriate action regarding financial and variance report dated September 2013
Steven Glickman, Finance Director reviewed the September 2013 financial and variance report and addressed
Council questions.
Motion made by Council Member Mayer, seconded by Council Member Rose, to approve the September 2013
financial and variance report. Motion carried 6-0-0. Motion passed unanimously.
18. Consider and take appropriate action to set future Town Council Meetings.
Motion made by Council Member Mayer, seconded by Council Member Schroeder, to approve future council
meetings as November 4th and 18`h and December 16`h. Motion carried 6-0-0. Motion passed unanimously.
19. Town Council Liaison Updates; discussion of same:
• MUD No 1 Meeting
• Planning & Zoning Meeting
No Council Liaisons for these boards.
20. Town Manager Slye's update regarding the following; discussion of same.
• Election Update — early voting started today
• Transportation Update -Loop Road & Indian Creek Project — working with the CORPS to possibly develop
a solution for this project
October 21, 2013 Minutes Page 5 of 7
• Volunteer Appreciation Dinner - Annual dinner recognizing volunteers planned for October 22nd
• Regional Trail Project Update - meeting last week with area -wide municipalities; looking at NCTCOG for
financial support
• Drug Take Back Program, Saturday, October 26th 10 am -2 pm
• CHL Class, Saturday, October 26th
Town Manager Slye let Council know that CFAB is looking into our procurement policy and will be bringing back a
recommendation soon. Town Manager Slye updated the Council and addressed questions; no action taken, update
only.
21. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings;
discussion of same.
• TML 101st Annual Conference
Mayor White and Council Members updated the Council and addressed questions regarding meetings attended;
no action taken, update only.
22. 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.
No changes were made to the list.
EXECUTIVE SESSION
23. Pursuant to the following designated sections of Texas Government Code , Annotated, Subchapter 551, the
Council will enter into executive session to discuss the following items
(A) Texas Government Code Section 551 .071 (2). Consultation with Attorney on a matter in which the duty
of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflict with the Open Meetings Act for legal advice regarding:
(1) Water and wastewater services for PID; CCN ; alternative services for the PID; legislative processes and
actions; terms of representation; terms of interlocal agreement for provision of water and wastewater
services; Town assets and related matters.
(B) Texas Government Code Section 551 .072. To discuss or deliberate the purchase, exchange, lease, or
value of real property where deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person.
(1) Potential land acquisition for public use in construction of the Police Department.
CONVENE INTO EXECUTIVE SESSION - START TIME — 9:10 P.M.
RECONVENE INTO REGULAR SESSION - START TIME —11:00 P.M.
RECONVENE INTO REGULAR SESSION
October 21, 2013 Minutes Page 6 of 7
24. Consider and take appropriate action regarding the Executive Session.
No action taken regarding executive session.
ADJOURN
Motion made by Council Member Schroeder, seconded by Mayor Pro Tem Tiffany, to adjourn. Motion carried
unanimously. Meeting adjourned at 11:00 p.m.
T y Ard,n Secretary
Town of Trop y Club, Texas
onnie White, Mayor
Town of Trophy Club, Texas
October 21, 2013 Minutes Page 7 of 7