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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