Minutes TC 11/01/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 1, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 1,
2010. 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
Larry Hoover Council Member
JD Stotts Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Bill Rose
Mayor Pro Tem
Margi Cantrell
Council Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel
Acting Town Manager
Shannon DePrater
Interim Town Secretary
Patricia Adams
Town Attorney
Scott Kniffen
Police Chief
Carolyn Huggins
Community Development Director
Adam Adams
Parks & Recreation Director
Tom Rutledge
Town Engineer
Mayor White announced the date of November 1, 2010; called the meeting to order and announced a
quorum at 6:04 p.m.
Mayor White announced the absences of Mayor Pro Tem Rose and Council member Cantrell.
Council convened into Executive Session at 6:04 p.m.
EXECUTIVE SESSION
1. 2010-592-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(1) & (2) "Consultation with Attorney", the Council will enter into executive session to discuss
the following:
(A) Consultation with Town 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 (551.071 (2)).
(1) Legal advice relative to Agenda items 7 and 8 and related matters.
Council reconvened into Regular Session at 7:05 p.m.
RECONVENE INTO REGULAR SESSION - ESTIMATED TIME 7:00 P.M.
The Invocation was offered by Parks & Recreation Director Adam Adams.
The Pledges were led by Mayor White.
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.
Council convened into Public Hearing at 7:07 p.m.
PUBLIC HEARING
2. 2010-581-T Public Hearing to consider a request for approval of the Final Plat of Lot 1, Block 1,
Independence Park East Addition, being a replat of all of Lot 1, Block 1, Trophy Club
Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey,
Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of land.
Applicant: Town of Trophy Club (FP -10-037)
Mr. Michael J. Fitzgerald, 2421 Lilyfield Drive addressed the Council and spoke against approval with
concerns related to lighting and height of proposed berm, with possible onlookers viewing his yard.
Mr. Jesus Monroy, 2423 Lilyfield Drive addressed the Council, had the same concerns as Mr. Fitzgerald.
3. 2010-573-T Public Hearing to consider a request for approval of a Site Plan of Independence
Park East, known as Lot 1, Block 1, Independence Park East Addition (18.900 acres) located in
the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP -10-012).
No speakers addressed the Council.
4. 2010-574-T Public Hearing to consider a request for approval of a Site Plan for Freedom Park,
a 16.01 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the Town of
Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club (SP40-013).
No speakers addressed the Council.
Council reconvened into Regular Session at 7:35 p.m.
RECONVENE INTO REGULAR SESSION
5. 2010-591-T Consider and take appropriate action nominating candidates to the Denton County
Appraisal District Appraisal Review Board.
The Board of Directors of the Denton County Appraisal District (DCAD) had requested candidates for
possible appointment to the Appraisal Review Board.
Two citizens have expressed a desire to be nominated. Council may nominate more than one candidate.
November 1, 2010 Meeting Minutes
Mayor White explained that candidate Twomey was not qualified based on criteria item #3 of the Persons
Ineligible section.
Motion made by Council member Hoover, seconded by Council member Stotts, to nominate Joseph
Cristoforetti as a candidate for Denton Central Appraisal District for possible appointment to the Appraisal
Review Board.
Motion passed unanimously without any discussion.
6. 2070-439-T Consider and take appropriate action regarding a Subdivider's Agreement between
the Town and BDMR Development, LLC, for Water's Edge at Hogan's Glen located in Planned
Development No. 22 (PD -22); and authorizing the Mayor or her designee to execute all
necessary documents.
The final plat of Waters Edge at Hogan's Glen, Phase 2A was approved by Council on September 13,
2010. At that time, Staff asked Council to allow the Subdivider's Agreement to be postponed as the
construction estimates were still under review. The construction estimates have been reviewed and
approved and Staff asks for approval of the Subdivider's agreement.
Motion made by Council member Stotts, seconded by Council member Strother, to approve a
Subdivider's Agreement between the Town and BDMR Development, LLC, for Water's Edge at Hogan's
Glen located in Planned Development No. 22.
Motion passed unanimously without further discussion.
7. 2010-576-T Consider and take appropriate action regarding a Final Plat for Neighborhood 1,
Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the
intersection of Trophy Club Drive and Bobcat Blvd. Applicant. Jacobs on behalf of High
Trophy Development, L.P. (FP -10-033)
A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a
Subdividees Agreement for Neighborhood 1, Phase 2A of The Highlands at Trophy Club,
between the Town and High Trophy Development, LP
The property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club
Neighborhood 1 on December 18, 2006. The zoning of PD -27 was approved by the Town Council on May
8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007 by
Ordinance No. 2007-15 P&Z, which has had several amendments since that time.
The final plat document was reviewed in accordance with the approved subdivision regulations as well as
the approved development standards as set forth in Planned Development District No. 27. The final plat
is different than the approved preliminary plat with respect to the lot layout and street layout; however, the
lot count remains the same and this is not a significant change from what was approved.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Final Plat of Neighborhood 1, Phase 2A with the stipulation
that engineering documents must have Town Engineer approval prior to placement of the plat on a
Council agenda.
Motion made by Council member Strother, seconded by Council member Hoover, to approve a Final Plat
for Neighborhood 1, Phase 2A (16.678 acres) located in The Highlands at Trophy Club, northwest of the
intersection of Trophy Club Drive and Bobcat Blvd. and the
Motion passed unanimously without further discussion
November 1, 2010 Meeting Minutes
Motion made by Council member Stotts, seconded by Hoover, to approve a Subdivider's Agreement for
Neighborhood 1, Phase 2A of The Highlands at Trophy Club, between the Town and High Trophy
Development, LP.
Motion passed unanimously without any discussion.
B. 2010-577-T Consider and take appropriate action regarding a Final Plat for Neighborhood 5,
Phase 2B (16.196 acres) located in The Highlands at Trophy Club. Applicant; Jacobs on behalf
of High Trophy Development, L.P. (FP -10-034)
A. Subdividees Agreement. Consider and take appropriate action regarding approval of a
Subdividees Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club,
between the Town and High Trophy Development, LP
The property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club
Neighborhood 5 on December 18, 2006. The zoning of PD -27 was approved by the Town Council on May
8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by
Ordinance No. 2007-15 P&Z, and has had several amendments since that time.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Final Plat of Neighborhood 5, Phase 2B with the stipulation
that engineering documents must have Town Engineer approval prior to placement of this plat on a
Council agenda.
The final plat document was reviewed in accordance with the approved subdivision regulations as well as
the approved development standards as set forth in Planned Development District No. 27. Staff
recommended approval.
Motion made by Council member Strother, seconded by Council member Stotts, to approve a Final Plat
for Neighborhood 5, Phase 2B (16.198 acres) located in The Highlands at Trophy Club, and approve the
Subdivider's agreement.
Motion passed unanimously without further discussion.
Amended Motion made by Council member Strother, seconded by Council member Stotts, to approve a
Subdivider's Agreement for Neighborhood 5, Phase 2B of The Highlands at Trophy Club, between the
Town and High Trophy Development, LP as amended with corrected figures.
Motion passed unanimously without further discussion.
9. 2010-678-T Consider and take appropriate action regarding a request for approval of a Final
Plat for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club.
Appilcant: Jacobs on behalf of High Trophy Development, L.P. (FP -10-036)
A. Subdividees Agreement. Consider and take appropriate action regarding approval of a
Subdividees Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club,
between the Town and High Trophy Development, LP
The property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club
Neighborhood 6 on December 18, 2006. The zoning of PD -27 was approved by the Town Council on May
8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007, by
Ordinance No. 2007-15 P&Z, and has had several amendments since that time.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Final Plat of Neighborhood 6, Phase 3A with the stipulation
November 1, 2010 Meeting Minutes
that engineering documents must have Town Engineer approval prior to placement of this plat on a
Council agenda. Staff recommended approval.
Motion made by Council member Strother, seconded by Council member Hoover, to approve a Final Plat
for Neighborhood 6, Phase 3A (21.176 acres) located in The Highlands at Trophy Club including the
Subdivider's Agreement for Neighborhood 6, Phase 3A of The Highlands at Trophy Club, between the
Town and High Trophy Development, LP.
Motion passed unanimously without further discussion.
10. 2010-580-T Consider and take appropriate action regarding a request for approval of the Final
Plat of Lot 1, Block 1, Independence Park East Addition, being a replat of all of Lot 1, Block 1,
Trophy Club Recreation Center and a called 12.90 acre tract of land situated in the Joseph
Henry Survey, Abstract No. 529, Denton County, Texas and containing a total of 18.90 acres of
land. Applicant: Town of Trophy Club (FP -10-037)
Mayor White asked for clarification regarding the final plat and site plan. Community Development
Director Huggins clarified that Council has broad discretion regarding a site plan and has narrow
discretion with a final plat.
The purpose of this item is to create one continuous lot.
Motion made by Council member Strother, seconded by Council member Stotts, to approve a Final Plat
of Lot 1, Block 1, Independence Park C=ast Addition, being a replat of all of Lot 1, Block 1, Trophy Club
Recreation Center and a called 12.90 acre tract of land situated in the Joseph Henry Survey, Abstract No.
529, Denton County, Texas and containing a total of 18.90 acres of land.
Motion passed unanimously without further discussion.
11. 2010-582-T Consider and take appropriate action regarding a request for approval of a Site
Plan of Independence Park East, known as Lot 1, Block 1, Independence Park East Addition
(18.900 acres) located in the 500 Block of Parkview Drive. Applicant: Town of Trophy Club (SP -
10 -012).
The Town of Trophy Club is expanding the existing recreational area, where the Town's Community Pool
is located by adding ball fields, concession stand, restrooms and a pavilion. Prior to issuance of a building
permit, the Town must approve a site plan in accordance with Section 5.09, "Site Plan Requirements" and
7.03, "Landscape Requirements". This property is currently vacant and is zoned "CR" Commercial
Recreation,
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the site plan and granting a waiver for: (1) Lighting at the property
line of Lot 6, Neighborhood 9, which will be mitigated by a berm and planting of large caliper trees; and
(2) the front landscape buffer along Parkview Drive may contain 3" caliper trees planted on 40 -ft. centers
rather than 4" caliper trees planted on 30 -ft. centers.
Staff recommended approval of the site plan and landscape plan, granting a waiver for:
1. Lighting at the property line behind the left field fence of Competition Field in southeast corner of the
park property, which will be mitigated through the use of a berm and planting of large caliper trees;
2. The front landscape buffer along Parkview Drive may contain 3" caliper trees planted on 40 -ft.
centers.
Mayor White asked what the purpose of the tree waiver is for. Community Development Director Huggins
pointed out that Planning & Zoning would be proposing 6 -inch caliber trees.
November 1, 2010 Meeting Minutes
Mayor White asked Parks & Recreation Director Adams to explain what types of trail systems are
included in the Site Plan.
Larry Lentzner, 303 Ridge View Lane, addressed the Council and recommended approving the site plan.
Timing was essential since there are many practices and games scheduled and the new fields are
desperately needed.
Michael Fitzgerald, 2421 Lilyfieid Drive, addressed the Council explaining that he has worked diligently to
this point, and does nbt want to see his property value decreased.
Motion made by Council member Stotts, seconded by Council member Hoover, to approve a Site Plan of
Independence Park East, known as Lot 1, Block 1, Independence Park C=ast Addition (18.900 acres)
located in the 500 Block of Parkview Drive.
Motion passed unanimously without further discussion.
12. 2010-683-T Consider and take appropriate action regarding a request for approval of the
Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated
In the T. J. Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Applicant: Town of Trophy Club (PP -10-019)
The Town of Trophy Club has passed bonds for the construction of various parks within the Town's limits.
Freedom Park is proposed as the Town's "Dog Park". Prior to issuance of a building permit, platting and
site plan approval is required.
This property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral
Drive. it is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved
concept plan.
The Planning and Zoning Commission considered this case on October 21, 2010 and it was unanimously
voted upon to recommend approval of the Preliminary Plat of Lot 1, Block 1, Freedom Park Addition
asking that the gas well site be identified and drainage data chart added for the plats that will be seen by
Council.
This plat meets the minimum standards of the preliminary plat requirements as set forth in the Town's
Code of Ordinances. Staff recommends approval of this plat.
Motion made by Council member Strother, seconded by Council member Hoover, to approve a
Preliminary Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J.
Allen Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Motion passed unanimously without any/further discussion.
13. 2010-584-T Consider and take appropriate action regarding a request for approval of a Final
Plat of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated In the T. J.
Alien Survey, Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Motion made by Council member Hoover, seconded by Council member Strother, to approve a Final Plat
of Lot 1, Block 1, Freedom Park Addition, a 16.100 acre tract of land situated in the T. J. Allen Survey,
Abstract No. 7, in the Town of Trophy Club, Denton County, Texas.
Motion passed unanimously without further discussion.
November 1, 2010 Meeting Minutes
14. 2010-585-T Consider and take appropriate action regarding a request for approval of a Site
Plan of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract
No. 7, in the Town of Trophy Club, Denton County, Texas. Applicant: Town of Trophy Club
(SP -10-013).
The Town of Trophy Club passed bonds for the construction of various parks within the Town's limits.
Freedom Park was proposed as the Town's first dog park. Prior to issuance of a building permit, site plan
approval is required.
The property is located on the north side of Trophy Park Drive and to the east of the proposed Balmoral
Drive. It is zoned Planned Development District No. 27 and is shown as Northeast Park on the approved
concept plan. A preliminary plat and final were on the agenda and shall receive a recommendation of
approval prior to consideration of the site plan.
The Planning and Zoning Commission considered the case on October 21, 2010 and it was voted 5-1 to
recommend approval of the Site Plan for f=reedom Park and recommend approval of the waivers for chain
link fencing along Trophy Park Drive, Balmoral Drive, and along the north side of the dog park abutting
residential, and allowing the placement of the east chain link fence along Balmoral to be 5 -ft. off the
property line.
Mayor White read a Statement by Council member Cantrell:
Honorable Mayor, fellow Council members and Town Staff—
Regrettably, 1 am unable to attend tonight's Council meeting. However, i respectfully request the
following be read into the record of tonight's meeting at the appropriate time.
1 am opposed to the requested variance by the Town for a chain link fence to be used along future
Balmoral Drive and Trophy Park Drive for the Dog Park facility in Freedom Park. While I recognize chain
link fence may be appropriate and more affordable for this type of structure, 1 am not sure Council would
accept the same type of variance from other outside entities. Or at the very least, request that the Town
provide provisions for "extra ordinary" shrubbery that would form a living privacy barrier. Having
suggested shrubbery as an alternative barrier, 1 would ask that Town personnel explore natural Texas
shrubs with minimal maintenance requirements and long life potential, if available.
My concern is for the appearance of this park area from the main thoroughfares, versus what would be
presented by the placement of a solid stone/brick fence, as being provided in other areas in and around
the Highlands development along main thoroughfares. Trophy Park Drive is a main route to and from
Trophy Club Park and will be well traveled in the future as development and growth continues in this area
of our community.
In addition to my concern for the requested fence variance for this facility, 1 was hopeful decorative stone
column base covers would be provided around the pavilion support poles to create more eye appeal.
Thank you for your time and consideration.
Respectfully,
Margi Cantrell, Council Member, Place #3
Motion made by Council member Hoover, seconded by Council member Strother, to approve a Site Plan
of Freedom Park, a 16.100 acre tract of land situated in the T. J. Allen Survey, Abstract No. 7, in the
Town of Trophy Club, Denton County, Texas.
Council member Strother questioned the chain link fence on site plan and asked since Council is not
approving construction plans, is it necessary to discuss this issue.
November 1, 2010 Meeting Minutes 7
Mayor White mentioned that the baseball fields are also surrounded by chain link fences.
Parks and Recreation Director Adams shared that best practices for a dog park is chain link because of
cost and for practical purposes, the slats would have to be very narrow to hold smaller dogs.
Strother stated Council is approving the fence with the site plan. Community Development Director
Huggins clarified that you are approving the fence location and if the waiver is not approved then a
wrought iron fence will be needed.
Town Engineer Rutledge proposed moving the fence back an additional five feet. Council member Stotts
asked if that was enough room for shrubbery and/or trees.
Council member Strother asked for the engineer's estimate. He then asked if the five-foot fence height
would be sufficient.
Discussion ensued regarding the placement of the fence in the upper left corner and also whether or not
to allow parallel fencing in the areas that butt up to residential lots. A waiver would be needed for parallel
fencing when the lots are platted and the request would probably be brought forward during the platting
phase.
Council member Hoover clarified if the motion to approve the site plan included the fence variance, it
does.
Council member Hoover called the question.
Motion passed unanimously without further discussion.
15. 2010-594-T Consider and take appropriate action regarding agenda items for the November
quarterly Joint Session with TCMUD No. 1.
Mayor White would like an item on the Water Tank.
Mayor White asked for a strategic planning session discussion. Council member Strother stated that the
Town had one, the MUD should have one and then both entities should have one.
16.2010-556-T Staff Update regarding the Roundabout; discussion of same.
Motion made by Council member Hoover, seconded by Council member Strother, to table to the
November 15, 2010 meeting.
Motion passed unanimously without further discussion.
17. 2010-589-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
- Denton County Mayor's Roundtable Luncheon
- Metroport Cities Partnership
- Annual TML Conference
- Partnership with TCWC
- Christ's Haven for Children
Update only, no action taken.
November 1, 2010 Meeting Minutes
18.2010-590-T 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,
Council member Stotts would like to set target dates on each item, he will send an email to Acting Town
Manager Seidel.
Mayor White would like an analysis of the pool fees and pool usage be added to the list.
ADJOURN
Motion made by Council member Strother, seconded by Council member Stotts to Adjourn,
Meeting adjourned at 10:50 p.m.
t§ nnon DePrater,`lnterim Town Secretary
Town of Trophy Club, Texas
November 1, 2010 Meeting Minutes
Connie White, Mayor
Town of Trophy Club, Texas