Minutes TC 04/04/2011MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 4, 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, April 4, 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 Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
JD Stotts Council Member
Glenn Strother Council Member arrived at 6:12 p.m.
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Michael Aguilera Interim Finance Director
Carolyn Huggins Community Development Director
Adam Adams Parks & Recreation Director
April Reiling PIO / Marketing Manager
Chris King Building Inspector
Mayor White announced the date of April 4, 2011, called the meeting to order and announced a quorum
at 6:04 p.m.
REGULAR SESSION
Council convened into Executive Session at 6:04 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 Secretary Shannon DePrater
Council reconvened into Regular Session at 6:58 p.m.
Council took a short break and reconvened at 7:10p.m.
RECONVENE INTO REGULAR SESSION
The Invocation was offered by PIO/Marketing Manager April Reiling.
April 4, 2011 Minutes
The Pledges were led by Town Attorney Patricia Adams.
2. Consider and take appropriate action regarding the Executive Session.
Motion made by Council member Stotts, seconded by Council member Hoover that Shannon DePrater be
removed from probation, and be given the permanent title of Town Secretary. Motion carried
unanimously without further discussion.
Citizen Presentations:
This is an opportunity for citizens to address the Councif on any matter whether or not it is posted on the
agenda. The Councif is not permitted to take action on or discuss any presentations made to the Councif
at this time concerning an item not listed on the agenda. The Councif 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 Councif has authority.
No citizen presentations were made.
3. Receive an update from Cathy Hernandez, President -Arts Council Northeast, on Arts Council
projects within the area; discussion of same.
Mayor White announced Ms. Hernandez is ill and sends her apologies that she is unable to attend this
evening. This item will be moved to the April 18, 2011 meeting agenda.
Motion made by Council member Stotts, seconded by Council member Rose to move agenda item #7
forward. Motion carried unanimously.
7. Consider and take appropriate action regarding a request for replat of Lot a to Lot a-R, Block
1, Waters Edge at Hogan's Glen, Phase I. Applicant: Mark Carr (RP-11-017)
The owner of this lot brings this replat request before Council to ask that the drainage easement on his lot
be removed so that when building a house on the lot he will have greater flexibility with placement of the
house on the lot.
The staff report outlines the history of the creation of the lot and drainage easement. The previous
developer's decision to abandon plans to build a lake to the north of Lot 8, Block 1, seems to have
removed the need for a drainage easement along the northwest corner of this lot, therefore, Staff
recommends approval of the replat of Lot 8-R, Block 1, Waters Edge at Hogan's Glen, Phase I.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve the replat of
Lot 8 to Lot 8-R, Block 1, Waters Edge at Hogan's Glen, Phase I. Motion carried unanimously without
further discussion.
4. Consider and take appropriate action regarding a Proclamation proclaiming April 25, 2011 as
the 6th annual Parental Alienation Awareness Day and Bubbles of LOVE Day.
Motion made by Council member Cantrell, seconded by Council member Strother, to approve
Proclamation 2011-02. Motion carried unanimously without further discussion.
April 4, 2011 Minutes 2
5. Consider and take appropriate action regarding an Ordinance amending Chapter 11 "Public
Works", Article VI, "Stormwater Runoff", Section 6.05, "Runoff from Construction Activity" of
the Code of Ordinances to clarify the regulation of airborne pollutants; providing a penalty;
and providing an effective date.
In the current ordinance, airborne pollutants are described as "dirt, sand, and concrete/brick dust" and the
ordinance states that these "are to be kept under containment so as to not harm the life, health, or welfare
of other workers, residents, or animals." This is difficult to measure and virtually impossible to wholly
contain in a construction area.
Removal of this description is requested.
The Building Inspector will enforce the utilization of wet saws or a dust collection system on all
brick/concrete cutting as required in the current ordinance.
Town Manager Slye explained that the current wording does not allow for enforcement; measuring the
cloud is not feasible.
Motion made by Council member Stotts, seconded by Council member Hoover, to approve Ordinance
2011-11 amending Chapter 11 "Public Works", Article VI, "Stormwater Runoff", Section 6.05, "Runoff from
Construction ActiVity" of the Code of Ordinances to clarify the regulation of airborne pollutants. Motion
carried unanimously without further discussion.
6. Consider and take appropriate action regarding a proposal to enlarge the buffer zone between
Independence Park East and Royal Troon Neighborhood.
Town Manager Slye updated the Town Council on what he and the representatives from Royal Troon
agreed to, listed below:
1) The Town will provide an additional $10,000 in landscape buffering along the south side of
Independence Park East.
2) For no additional cost, Parks and Recreation Director, Adam Adams will review and rework the
existing landscape plan to provide better buffering along the south side of Independence Park
East.
3) Staff will approach the property owner of Lot 2, Tract 2, Village Center (current property owner is
LOS Church) to explore the possibility of a walkway easement.
The following residents addressed the Council:
• Sue Fitzgerald, 2421 Lilyfield
• Julie Folley, 2407 Lilyfield
• Scott Folley 2407 Lilyfield
• Brian Johnson, 2419 Lilyfield
• Mike Buck, 2401 Lilyfield
Town Manager Slye stated he is seeking action from the Council, including consideration of approval or
disapproval of spending $10,000 to mitigate the issue where the buffer has been encroached, trying to
cooperative and provide for a reasonable solution. Slye also shared that Parks & Recreation Director
Adam Adams has agreed to sit with representatives to work on a landscape plan.
Motion made by Council member Stotts, seconded by Council member Hoover, that the Town approve
the negotiated settlement including and up to and but not to exceed $10,000.
Council member Stotts, seconded by Council member Hoover, called the question. Motion failed.
Original motion carried 5-1-0 with Council member Strother voting against.
April 4, 2011 Minutes 3
Council member Cantrell asked Town Manager Slye and Parks & Recreation Director Adams to expedite
the planting of the area closest to Parkview as quickly as possible.
The following residents addressed the Council:
• Julie Folley, 2407 Lilyfield
• Jeanne Buck, 2401 Lilyfield
• Sherry Theiltgen, 2411 Lilyfield
• Scott Folley, 2407 Lilyfield
8. Consider and take appropriate action regarding an Ordinance repealing Article 1, "Flood
Damage Prevention", of Chapter 4, "Flood Damage Prevention", of the Code of Ordinances of
the Town and adopting a new Article 1 entitled "Flood Damage Prevention" of Chapter 4
providing new rules regulations and standards regarding flooding; providing a penalty; and
providing an effective date.
Prior to April 18, 2011, the Town of Trophy Club is required, as a condition of continued eligibility in the
National Flood Insurance Program (NFIP), to adopt floodplain management regulations that meet the
standards of the NFIP regulations.
Motion made by Council member Cantrell, seconded by Council member Hoover, to approve Ordinance
2011-12 regarding flood damage prevention.
Council member Stotts, seconded by Mayor Pro Tem Rose, amended the motion to state in Section 3,
Penalty, ..... One Dollar ($1.00) nor more than Two Thousand Dollars ($2000.00) ...... Motion carried
unanimously.
Council member Cantrell amended the motion, seconded by Mayor Pro Tem Rose, to change the building
Board of Appeals as empowered under the current building ordinances to be placed in this ordinance
where ever it says Building Appeals Board. Motion carried unanimously.
Original motion carried unanimously without further discussion.
9. Consider and take appropriate action regarding an Ordinance amending Ordinance 2011-08 of
the Town Council ordering and calling a General Election and a Special Election to be held on
May 14, 2011; amending the Ordinance to include the Joint Election Agreement between The
Town of Trophy Club and Tarrant County and providing a list of Early Voting polling locations
for Tarrant County voters; and providing an effective date.
A. Consider and approve a Joint Election Agreement with Tarrant County
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve Ordinance 2011-
13 amending Ordinance 2011-08. Motion carried unanimously without further discussion.
10. Consider and take appropriate action regarding an Ordinance amending Chapter 10, .. Public
Safety" by adopting Article XV, entitled "Special Events" for the purpose of regulating Special
Events held within the Town and requiring a Special Event Permit; amending Chapter 5,
"General Land Use", Article IV, "Sign Regulations", Section 4.05(E) "Special Purpose Signs"
to adopt provisions regulating Special Event Signage; providing a penalty; and providing an
effective date.
Motion made by Council member Strother, seconded by Council member Hoover, to approve Ordinance
2011-14.
April 4, 2011 Minutes 4
Greg Lamont, 15 Avalon Drive, addressed the Council.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to amend section 15.02 B.
Events Exempt from Permit as follows:
1. A Town or MUD1 sponsored event;
2. Events sponsored by the Armed Forces of the United States of America, the military forces of the
State, political subdivisions of the State, and the forces of the police and fire departments acting
within the scope of their duties;
3. A Funeral procession;
4. The Town Manager or designee may issue a waiver of the requirements of this Article where it is
determined that the organization conducting the event can demonstrate the following:
(1) That the event shall be conducted solely on private property;
(2) That the event has adequate traffic control so as not to impede use of the public streets;
(3) That the event has adequately provided for on-site or off-site parking not on public right-of-way;
(4) That the event has provided for adequate emergency vehicle access; and,
(5) That the event has provided a minimum plan for crowd control during the event.
Mayor Pro Tem Rose called a point of order; there is an amendment on the table. Mayor Pro Tem Rose
asked Council member Stotts if he could strike "political subdivisions of the State" from 15.02 B 2; Council
member Stotts agreed.
Council member Strother, seconded by Council member Hoover, called the question. Motion carried
unanimously.
Motion for 15.02 B amendment failed with all opposing.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to amend 15.02 B as
written with the exception of item 2, which strikes "political subdivisions of the State" and item 4 which is
reworded as:
4. Where it is determined by the Town Manager that the organization conducting the Event can
demonstrate all of the following, the organization shall be exempt from the Permit requirement of this
Article:
a. That the Event shall be conducted solely on private property;
b. That the event has adequate traffic control so as not to impede use of the public streets;
c. That the Event has provided for adequate emergency vehicle access; and,
d. That the Event has provided a minimum plan for crowd control during the Event.
Motion carried unanimously.
Motion made by Mayor Pro Tem Rose to amend 15.02 C 3, to strike the wording "(not including the
community garage sale or a Town sponsored festival)". Motion failed for lack of a second.
Motion made by Mayor Pro Tem Rose to amend 15.05 Permit Fees and Costs A. to read:
A. Permit Fee. A Permit fee shall be paid unless exempted by the Town Manager or designee. The
amount of the Permit fee is specified in the Town's Schedule of Fees codified in Chapter 1 of the
Code of Ordinances of the Town.
And 15.05 Permit Fees and Costs D. to read:
D. Payment of Reimbursable Costs. In addition to applicable Permit fees, the Permit Holder shall be
required to pay all Reimbursable Costs associated with the Special Event unless exempted. The Special
Event Coordinator shall provide an estimate of such Reimbursable Costs at least ten (10) days prior to
the Event. As security for payment of the identified Reimbursable Costs, the Permit Holder shall post cash
April 4, 2011 Minutes 5
deposit in the full amount of the Reimbursable Cost estimates. Within seven (7) days following the Event,
the Special Event Coordinator shall provide the Permit Holder with written notice of the total amount of
the Reimbursable Costs actually incurred as a result of the Event. If the amount of the actual
Reimbursable Costs is less than the amount of the written estimate, then the Town shall issue a refund
within seven (7) days after the Event. If the actual Reimbursable Costs are greater than the written
estimate of Reimbursable Costs, the Permit Holder shall pay the balance in full on or before the date
specilied in the written notice from the Town. If a Permit Holder fails to pay the full amount of all
Reimbursable Costs, future Permits may be denied by Town or the Town may require two times the
amount of the estimated Reimbursable Costs on any and all future Permit applications. Decisions of the
Special Events Coordinator under this Section may be appealed to the Town Manager in accordance with
Section 15.11 of this Article.
Motion failed for lack of a second.
Council member Strother, seconded by Council member Hoover, called the question. Motion carried
unanimously.
Motion to approve Ordinance 2011-14 as amended with striking "political subdivisions of the state" from
15.02 B 2 and rewording 15.02 B 4 carried unanimously without further discussion.
11. Consider and take appropriate action regarding a Resolution of the Town Council establishing
a Keep Trophy Club Beautiful Committee comprised of citizen volunteers; and providing an
effective date.
Council member Cantrell recommends combining both the Keep Trophy Club Beautiful Committee and
Sustainability Committee and have a Resolution come back before Council; she concerned with how
much time this will utilize and the number of volunteers needed.
Town Manager Slye asked Council to move forward with agenda item; establishing this Committee will
allow the Town to apply for an annual grant.
Town Manager Slye will ask Parks & Recreation Director Adams to place this item on the next Parks &
Recreation Board agenda for discussion.
No action taken, discussion only.
12. Consider and take appropriate action regarding a Resolution of the Town Council establishing
a Sustainability Committee comprised of citizen volunteers; and providing an effective date.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to table this agenda item.
Motion carried unanimously without further discussion.
13. Town Manager Slye's update regarding the following; discussion of the same.
-Regional Council Workshop Recap
-Town Survey Update
-TML Board Meeting -Friday, April S, 2011
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
14. Town Council Liaison Updates; discussion of same:
-March 30, 2011 -COY Committee -Mayor Pro Tern Rose
April 4, 2011 Minutes 6
Mayor Pro Tem Rose updated the Council on the March 3D, 2011, Citizen of the Year Committee
meeting.
15. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
• Neighbor Helping Neighbor
· Baseball Opening Day
· Regional Joint Council Workshop
· Mayors Roundtable
· Mayors for Meals on Wheels
· Family Camp Out
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
16. 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 /tems list. All requests for agenda
items must comply with Charter requirements.
No items were added to the Future Agenda Items List.
ADJOURN
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose to Adjourn.
Meeting adjourned at 9:57 p.m.
I l h () 11VV'j} A.~
\sh-nnon DePrater, ']town Secretary
Town of Trophy Club, Texas
April 4, 2011 Minutes
C6nnie White, Mayor
Town of Trophy Club, Texas
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