Minutes TC 08/05/2013MINUTES FROM TOWN COUNCIL REGULAR MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 5, 2013 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
August 5,2013. The meeting was held within the boundaries of the Town and was open to the
public.
STATE OF TEXAS §
COUNTIES OF DENTON/TARRANT §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Jeannette Tiffany Mayor Pro Tem
Bill Rose Council Member, Place 1
Clint Schroeder Council Member, Place 3
Danny Mayer Council Member, Place 4
Greg Lamont Council Member, Place 5
TOWN COUNCIL MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
Mike Slye Town Manager
Amy Piukana Town Secretary
Patricia Adams Town Attorney
April Reiling Public Information Officer/Marketing Manager
Scott Kniffen Police Chief
Carolyn Huggins Community Development Director
INVOCATION -The invocation was led by Mayor Pro Tem Jeannette Tiffany.
PLEDGES -The Pledge of Allegiance to the American and Texas Flags was led by Town Secretary
Amy Piukana.
Mayor White announced the date of August 5, 2013, called the meeting to order and announced a
quorum at 7:03 p.m.
PRESENTATION
1. Presentation and recognition of Trophy Club Stars and Stripes Route and
Neighborhood Captains and Volunteers for the planting of over 25,000 flags in
Trophy Club, and presentation and recognition of members of the Trophy Club
Stars and Stripes Parade of Patriots Committee.
Mayor White provided certificates recognizing the following individuals for their
assistance with the Stars and Stripes event:
Amy Felker, Bill Rose, Danny Thomas, Lisa Henessey, Melissa Hatcher, Irma Seal
Jack Volkel, Bert Miller, Nancy Payton, Kathy Gonzales, Nick Sanders,
Lourdes Hassler, Tiffany Nimphius, Sally Freeman, Kimberly Blake, Libby Eddins,
Pam Rost, Larry Hoover, Rosie Ferraccio, Lisa Escue, Tracey Hunter, Tanya Bills,
Wendi Bailey, Terry Bills, John Walling, Mary Harlow, Sue Fitzgerald, Trish Myers,
Greg Lamont, Dan Donegan, Julie Stapleton, Jennifer Rauch, Dena Boudreau,
DeDe Brady, Somer Hughes, Joel Quile, Christi Haggard, Jill Joslin, Amie
Tennyson, Angelica Friske, Teryl Flynn, Jeannette Tiffany, and Michelle Reed.
Mayor White read a resolution recognizing the Trophy Club Stars and Stripes Route
and Neighborhood Captains and Volunteers for the planting of over 25,000 flags
in Trophy Club, as well as the members of the Trophy Club Stars and Stripes
Parade of Patriots Committee.
Motion made by Council Member Rose to approve a Resolution recognizing the
Trophy Club Stars and Stripes Route and Neighborhood Captains and Volunteers,
as presented. Motion seconded by Mayor Pro Tem Tiffany. Motion approved
unanimously.
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.
The following resident(s) spoke under citizen presentations:
• Larry Hoover -spoke expressing appreciation to the Trophy Club Fire
Department and EMS Services.
• Greg George -spoke urging Council to consider increasing building setback
requirements on residential properties near the proposed development.
• Gail Petell -spoke urging Council to consider the creation of a Feral Cat
program in Trophy Club.
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.
2. Consider and take appropriate action regarding an interlocal Agreement for
Assessment Collection between the Town and Denton County for the Trophy
Club Public Improvement District No. 1 for 2013 (Infrastructure Assessment);
and authorizing the Mayor or her designee to execute all necessary
documents.
August 5,2013 Town Council Minutes Page 2 of 11
3. Consider and take appropriate action regarding an Interlocal Agreement for
Assessment Collection between the Town and Denton County for the
Trophy Club Public Improvement District No.1 for 2013 (Emergency
Services Assessment); and authorizing the Mayor or her designee to
execute all necessary documents.
4. Consider and take appropriate action regarding an Interlocal Agreement for
Ad Valorem tax Collection between the Town and Denton County for Tax
Year 2013; and authorizing the Mayor or her designee to execute all
necessary documents.
5. Consider and take appropriate action regarding the minutes dated July 15,
2013.
6. Consider and take appropriate action regarding a Resolution to terminate
EDC4A.
Council Member Rose made a motion to approve Consent Item No.2 -6, as
amended at the dais. Motion seconded by Council Member Mayer. Motion
approved unanimously.
PUBLIC HEARING
7. Conduct a Public Hearing regarding a Zoning Change request for an 8.286 acre
tract of land located generally to the north of State Highway 114, west of
Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South
from its current zoning of "CG" Commercial General to PO Planned
Development No. 34, Trophy Wood Commercial Center for a hotel, restaurants,
and retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on
behalf of Trophy Lodging, Ltd.
Community Development Director Carolyn Huggins addressed Council regarding
this item. Ms. Huggins noted that the Planning and Zoning Commission approved
the zoning request with the following four stipulations:
(1.) Delete the drive thru restaurant
(2.) Sports bar must meet town definition of restaurant (60/40 split).
(3.) Conduct line of sight study
(4.) Remove ban of EIFS as an allowable construction material.
Mayor White opened the Public Hearing. The following resident addressed the
Council regarding the Public Hearing:
Jill Dominey -spoke regarding concerns of noise, privacy, dumpster issues and
suggested increasing the screening wall height.
August 5, 2013 Town Council Minutes Page 3 of 11
There was no action on this item and the public hearing was closed.
8. A public hearing regarding a request for a zoning change from "PO"
Planned Development No. 26 for a hospital use to "PO" Planned
Development No. 33 (PD-33), Hillside POinte, for single family residential
development.
Community Development Director Carolyn Huggins addressed Council regarding
the Public Hearing noting the applicant requested a continuation of Public
Hearing to be held at the August 19, 2013 Regular Council Meeting.
Mayor White opened the Public Hearing. The following resident(s) addressed
the Council:
Larry Hoover -spoke in opposition of this item.
Mayor White announced the Public Hearing would be continued at the August
19, 2013 Regular Town Council Meeting.
REGULAR SESSION
9. Discussion of Tax Rate
A. Consider and take appropriate action regarding scheduling a public
hearing to meet Truth in Taxation requirements and/or as required by the
Charter.
Town Manager Mike Slye addressed Council regarding this item noting the Town
Charter requires a public hearing when setting a property tax rate.
The following resident(s) addressed the Council:
Dena Boudreau -addressed the Council regarding a recommendation that any
funds that might become available be used to address unfinished lot clean ups in
the Highland Village area.
Larry Hoover -addressed the Council in opposition to lowering the tax rate,
suggesting the Council keep the effective rate, and expressed concerns
regarding funding of a new Police Station.
No action was taken on this item, discussion only.
10. Consider and take appropriate action regarding an Ordinance authorizing
the issuance of Town of Trophy Club Combination Tax and Revenue
Certificates of Obligation, Series 2013 in the approximate aggregate
principal amount of $3,000,000; awarding the sale of the certificates,
levying a tax, and providing for the security for and payment of the
August 5, 2013 Town Council Minutes Page 4 of 11
certificates; authorizing the execution of an agreement for financial
advisory services; approving the official statement enacting other
provisions; and providing an effective date.
Financial Advisor Mark McLiney with Southwest Securities provided Council an
overview of the bids received regarding the $3 million Certificates of Obligation.
Motion made by Council Member Mayer to approve an Ordinance authorizing the
issuance of Town of Trophy Club Combination Tax and Revenue Certificates of
Obligation, Series 2013 in the approximate aggregate principal amount of
$3,000,000; awarding the sale of the certificates, levying a tax, and providing for
the security for and payment of the certificates; authorizing the execution of an
agreement for financial advisory services; approving the official statement
enacting other provisions; and providing an effective date. Motion seconded by
Council Member Schroeder. Motion approved unanimously.
Mayor White called a short break and resumed into Regular Session at 8:39 p.m.
11. Consider and take appropriate action regarding a request for approval of a
Final Plat for Right-of-Way Dedication of Veranda Avenue, The Highlands at
Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin
Engineering, Inc. on behalf of Standard Pacific of Texas, Inc.
(A.) Developer's Agreement -Consider and take appropriate action
regarding a Developer's Agreement between the Town and Standard Pacific
of Texas, Inc. for construction of the Veranda Avenue Bridge and related
infrastructure; and authorizing the Mayor or her designee to execute all
necessary documents.
Community Development Director Carolyn Huggins provided Council an
overview regarding this item.
Motion made by Council Member Mayer to approve a Final Plat for Right-of-Way
Dedication of Veranda Avenue, The Highlands at Trophy Club, and a Developer's
Agreement between the Town and Standard Pacific of Texas, Inc. for
construction of the Veranda Avenue Bridge and related infrastructure; and
authorizing the Mayor or her designee to execute all necessary documents.
Motion seconded by Council Member Rose. Motion approved unanimously.
August 5,2013 Town Council Minutes Page 5 of 11
12. Consider and take appropriate action regarding Ordinance 2013-18 P&Z
amending the Town's Comprehensive Zoning Ordinance and the Town's
Official zoning map by changing the zoning on a 8.286 acre tract of land
located generally to the north of State Highway 114, west of Trophy Wood
Drive, south of Valley Wood Court and Hillcrest Court South from its
current zoning of "CG" Commercial General to PD Planned Development
No. 34 Trophy Wood Commercial Center; providing a penalty not to exceed
$2,000 for each violation; providing for publication; and providing an
effective date.
Motion made by Council Member Mayer to approve Ordinance 2013-18 P&Z
amending the Town's Comprehensive Zoning Ordinance and the Town's Official
zoning map by changing the zoning on a 8.286 acre tract of land located
generally to the north of State Highway 114, west of Trophy Wood Drive, south of
Valley Wood Court and Hillcrest Court South from its current zoning of "CG"
Commercial General to PO Planned Development No. 34 Trophy Wood
Commercial Center; providing a penalty not to exceed $2,000 for each violation;
providing for publication; and providing an effective date, as amended at the dais.
Motion seconded by Council Member Rose.
Motion made by Council Member Rose to prohibit the use of EIFS on the hotel
fac;ade in this PD. Motion seconded by Council Member Schroeder. Motion
failed by vote of 3-3, Council Member Mayer, Mayor White, and Mayor Pro Tem
Tiffany voting against.
Motion made by Council Member Rose to amend the language in the last
sentence (Page 91, Section 11) to read, "Substantive would be defined as any
change or revision that does not alter the intensity, impede on site traffic
circulation, decrease an established regulation, or increase visibility to residential
property, and maintains the original purpose and design of the PO, development
plan, and site plan," with, "Substantial is defined as any change or revision that
alters the intensity or impedes on site traffic circulation, decreases the effect of
an established ordinance, increases the visibility or noise level to residential
property, fails to maintain the original purpose and design of the PO,
development plan, or site plan." Motion seconded by Council Member Tiffany.
Motion approved unanimously.
Motion made by Council Member Lamont to require all Sports Bar uses require a
conditional use permit. Motion seconded by Council Member Mayer. Motion
approved unanimously.
The final vote on the main motion was approved unanimously, as amended.
13. Consider and take appropriate action regarding a Resolution of the Town
Council approving standards for Town Employee paid leave; authorizing
August 5, 2013 Town Council Minutes Page 6 of 11
the Town manager to implement administrative policies reflecting the
approved standards; providing that the standards shall become effective
October 1, 2013; and providing an effective date.
Town Manager Mike Slye addressed Council regarding this item.
Motion made by Council Member Schroeder to approve a Resolution of the Town
Council approving standards for Town Employee paid leave; authorizing the
Town manager to implement administrative policies reflecting the approved
standards; providing that the standards shall become effective October 1, 2013;
and providing an effective date. Motion seconded by Mayor Pro Tem Tiffany.
The following resident(s) addressed the Council regarding Town Employee paid
leave.
Larry Hoover -spoke in opposition to this item, asking the number of employees
that have accrued over 520 hours of sick leave, explaining in his opinion,
employees should not have hours retroactively removed from the time sheet after
a change over.
Council Member Rose made a motion to insert the word accrual after vacation
leave after the last sentence of the second bullet. Motion seconded by Council
Member Schroeder. Motion approved unanimously.
Council Member Rose made a motion to insert the wording sick leave previously
accrued shall not be negatively impacted by this resolution. Motion seconded by
Mayor Pro Tem Tiffany. Motion approved by vote of 4-2, Council Member
Lamont and Council Member Mayer voting against.
The final vote on the Main Motion was approved unanimously, as amended.
14. Consider and take appropriate action regarding appointment of a Board
Member to Serve on the Denco 9-1-1 Board.
Police Chief Scott Kniffen addressed Council regarding this item noting staff
recommends Sue Temjl as the Denco 9-1-1 Board nominee.
Motion made by Council Member Schroeder to approve a Resolution to
recommend Sue Temjl to serve on the Denco 9-1-1 Board. Motion seconded by
Council Member Rose. Motion approved unanimously.
15. Consider and take appropriate action regarding a Resolution of the Town
Council amending Resolution No. 2012-08 adopting the Municipality of
Trophy Club Handbook for Elected and Appointed Officials ("Handbook")
to Appointments" establishing the maximum number of Board,
Commission, and Corporation appointments a person may hold; and
providing an effective date.
August 5, 2013 Town Council Minutes Page 7 of 11
Town Manager Mike Slye addressed Council regarding this item. Mr. Slye
explained that the Town is having difficulty finding enough qualified applicants to
serve on the Town's various Boards and Commissions. Mr. Slye explained that
staff recommends flexibility to allow residents to serve on multiple boards.
Motion made by Council Member Mayer to approve a resolution amending the
section of the handbook titled "Maximum Number of Appointments" with Option B
(It is the goal of the Council to afford the opportunity to serve on Town Boards,
Commissions and Corporations to as many interested residents as possible;
however, if the number of open Board, Commission, or Corporation seats
exceeds the number of qualified applicants, the Council may allow a person to
serve on more than one (1) Board, Commission, or Corporation. In the event
that the number of qualified applicants exceeds the number of open Board,
Commission, or Corporation seats, it is the goal of the Council to first appoint
those qualified applicants not already serving before taking action to appoint an
applicant who is already serving on a Town Board, Commission, Or Corporation.)
Motion seconded by Council Member Rose. Motion approved 5-1 , Council
Member Schroeder voting against.
16.Consider and take appropriate action to ask CFAB with developing a formal
Debt Management Policy and recommendation for the Town Council to
consider.
Town Manager Mike Slye addressed Council regarding this item.
Council Member Rose made a motion to task the CFAB Committee with looking
at developing a formal Debt Management Policy and prioritize with other items.
Motion seconded by Council Member Lamont. Motion approved unanimously.
17. Consider and take appropriate action regarding a Ordinance authorizing
the creation of an Animal Shelter Advisory Committee; providing that the
Committee shall consist of four members who meet state law qualification
requirements for service; providing that a minimum of three meetings be
held annually; providing for a one year term of office for members;
providing that appointments shall be made in accordance with Town's
annual appointment process; designating a Staff Liasion, and providing an
effective date.
Police Chief Scott Kniffen addressed Council regarding this item noting tonight's
item is to establish the Committee and not appoint members. Chief Kniffen
explained the Town must first advertise and then Council will appoint member(s)
annually with the regular Board and Commission appointments.
August 5, 2013 Town Council Minutes Page 8 of 11
Motion made by Council Member Rose to approve an Ordinance creating an
Animal Shelter Advisory Committee, as amended at the dais. Motion seconded
by Council Member Schroeder.
Motion made by Council Member Rose to insert the wording, "one (1)
representative from an Animal Welfare Organization, and one (1) resident from
the community," and to add five members and appropriately correct the
remainder of the ordinance to comply. Motion seconded by Council Member
Lamont. Motion ~pproved unanimously.
The final motion was approved unanimously, as amended.
18. Town Council Liasion Updates; discussion of same.
Council Member Lamont and Council Member Mayer provided a brief overview of
the EDC 4B Meeting stating the the board is focused on retaining businesses in
Trophy Club, and is planning an event for local businesses.
19. Town Manager Slye's update regarding the following; discussion of same.
-Transportation Update 170/114 Project -projected December 2013
completion date.
-Independent East Trail Update
-Logo Update
-Blue Ribbon Panel Update -currently have 14 applicants
-TIF Zone Update -joint meeting August 12 with EDC 4B with TIF
consultant
-Election Update -no filings to date for Council Member position NO.6.
Finance Department Update -currently operating with one staff member
in Finance and the Finance Director and Budget Analyst positions are
vacant.
Town Manager Mike Slye proved a brief update regarding these items.
20. Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
-Mayor's Roundtable Dinner
-Mayor's Cup Race
Mayor White provided a brief update regarding these events.
21. Future Agenda Items.
Council Member Rose added, "consider and take appropriate action regarding
feral cats", as a future agenda item.
EXECUTIVE SESSION
August 5,2013 Town Council Minutes Page 9 of 11
Council recessed into Executive Session at 10:31 p.m.
22. Pursuant to the following designated sections of the Texas Local Government
Code, Annotated, Chapter 551, the Council will convene into closed executive
session to discuss the following:
(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:
Water and wastewater services for PID; alternative services for the PID; terms of
representation; terms of interlocal agreement for provision of water and
wastewater services; Town assets and related matters.
(B) Texas Government Code Section 551.071 (2) Consultation with Attorney and
Texas Government Code Section 551.072 Deliberations about Real Property. 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 and 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) Drainage easements for Indian Creek Project
(2) Negotiations with property owners and potential condemnation action to obtain
necessary drainage easements for the following properties:
a. 32 Edgemere Drive
b. 31 Creekmere Drive
c. 549 Indian Creek Drive
RECONVENE INTO REGULAR SESSION
The Town Council reconvened into Regular Session at 11:41 p.m.
23. Consider and take appropriate action regarding the Executive Session.
There was no action taken regarding the Executive Session.
ADJOURN
Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council
Member Rose. Motion approved unanimously.
The meeting adjourned at 11:41 p.m.
Attest: Signed:
August 5,2013 Town Council Minutes Page 10 of 11
(tonnie White, Mayor
Town of Trophy Club, Texas
August 5, 2013 Town Council Minutes Page 11 of 11