Minutes TC 04/26/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, April 26, 2016 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 Tuesday, April 26, 2016. 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:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Tim Kurtz
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
Jim Parrow Council Member, Place 1
STAFF AND GUEST(S) PRESENT:
Stephen Seidel
Town Manager
Patricia Adams
Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres
Town Secretary/RMO
Adam Adams
Parks and Recreation Director
Patrick Arata
Police Chief
Pat Cooke
Development Services Manager
April Reiling
PIO/Marketing Manager
Ron Ruthven
Town Planner
Mayor Sanders announced the date of Tuesday, April 26, 2016, called the Town Council to order and announced a
quorum at 6:02 p.m.
EXECUTIVE SESSION
1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 (1) and
(2) Consultation with Attorney seeking advice of its attorney regarding pending or contemplated
litigation or a settlement offer or to consult with its 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 conflicts with the Open Meetings Act.
1. Patricia Adams, Town Attorney
CONVENED INTO EXECUTIVE SESSION - START TIME — 6:03 P.M.
RECONVENED INTO REGULAR SESSION - START TIME — 7:11 P.M.
RECONVENED INTO REGULAR SESSION
2. Consider and take appropriate action regarding the Executive Session.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to table the item until the end of
the Regular Session.
Motion passed unanimously.
The Invocation was offered by Mayor Sanders.
The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz
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 four (4) 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.
There were no citizen presentations
ANNOUNCEMENTS AND REPORTS
3. Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff).
*Election Day
*Back to Nature and Camp Out
*Community Clean Up
*Trophy Club Women's Club Garage Sale
*Trophy Club Town Hall
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
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.
4. Consider and take appropriate action regarding the Minutes dated March 22, 2016 (Staff). (Town Secretary
Note: Approved as presented in the Town Council agenda packet).
5. Consider and take appropriate action regarding the Minutes dated March 29, 2016 (Staff). Town Secretary
Note: Approved as presented in the Town Council agenda packet).
6. Consider and take appropriate action regarding calling a Special Town Council meeting to be held on May
17, 2016, at 9:00 a.m. in the Public Service Conference Room (Staff).
7. Consider and take appropriate action regarding the second Town Council meeting in May 2016 to be held on
May 23, 2016, at 7:00 p.m.in the Svore Municipal Building Boardroom (Staff).
Town Council Minutes April 26, 2016 Page 2 of 8
8. Consider and take appropriate action regarding a Resolution directing Oncor Electric Company, LLC to file
certain information with the Town of Trophy Club; setting a procedural schedule for the gathering and
review of necessary information in connection therewith; setting filing dates; ratifying the hiring of legal
counsel and consultants; reserving the right to reimbursement of rate case expenses; setting a public
hearing for the purposes of determining if the existing rates of are unreasonable; and providing an effective
date (Staff).
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda
Items 4 through 8.
Motion passed unanimously.
REGULAR SESSION
9. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 5, 2016,
as Day of Prayer in Trophy Club; and providing an effective date (I. Thomas).
Mayor Sanders read the proclamation into the record.
Motion:
Motion made by Council Member Reed, seconded by Council Member Rowe, to approve Proclamation No. 2016-
06, declaring May 5, 2016, as Day of Prayer in Trophy Club; and providing an effective date of April 26, 2016.
Motion passed unanimously.
Irma Thomas, NDP Task Force Coordinator, stated that she has headed this observance for 24 years. She advised
that the observance would be held at the Fellowship United Methodist Church on May 5, 2016, at noon.
10. Consider and take appropriate action regarding accepting the Nominations from the Committee and
recognizing the 2015 Citizen of the Year Nominees and announce the recipients; discussion of same (Staff).
Council Member Shoffner recognized the 2015 Adult Citizen of the Year nominees:
• Matt Tibbits
• Lou Hocker
• Kelly Castonguay
Mayor Sanders announced Kelly Castonguay as the 2015 Adult Citizen of the Year Award recipient, and presented
her with a certificate and plaque. Additionally, he presented Matt Tibbits and Lou Hocker with a certificate.
Council Member Rowe recognized the 2015 Youth Citizen of the Year nominees:
• Ryleigh Murray
• Braely Krautsch
• Scott Hoppes
Mayor Sanders announced Scott Hoppes as the 2015 Youth Citizen of the Year recipient, and presented him with a
certificate and plaque. Additionally, he presented Braely Krautsch and Ryleigh Murray with a certificate.
Mayor Sanders stated that the Volunteer Appreciation Reception would be held at the Trophy Club Country Club
on May 20, 2016, at 6 p.m.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to accept the nominees from the
Citizen of the Year Committee; name Kelly Castonguay as the 2015 Adult Citizen of the Year; and name Scott
Hoppes as the 2015 Youth Citizen of the Year.
Motion passed unanimously.
Town Council Minutes April 26, 2016 Page 3 of 8
RECESSED AT 7:51 P.M. FOR A BREAK
RECONVENED AT 7:57 P.M. INTO REGULAR SESSION
11. Discussion and recommendation regarding approval of the Site Plan for the new Trophy Club Town Hall
facility located at One Trophy Wood Drive on Lot 4, Block B, Trophy Wood Business Center, Case SP -16-036
(Staff).
Town Planner Ruthven advised that the plans met the requirements of the Town's Code of Ordinances and the GU
zoning district with the following exception: The Code of Ordinances requires a minimum eight (8) foot masonry
wall to be constructed between non-residential uses and residential uses. He stated that a waiver would need to
be granted for the masonry wall. Additionally, he advised that the Planning and Zoning (P&Z) Commission
approved the item at their April 21, 2016 meeting with the following conditions: 1) Recommend that a waiver to
the required screening wall along the common boundary with existing residentially zoned property be granted;
and 2) That the fenced enclosure around the dog run be constructed as a wrought iron fence.
Council Member Shoffner advised that he met with Susan Edstrom, Chair of the Animal Shelter Advisory Board,
and Kelly Akin, Animal Control Officer, and that they both recommended that the fence around the dog run be
chain-link because dogs could squeeze through wrought iron fencing.
Discussion took place that the Animal Control portion of the building will be user friendly for volunteers and for
citizens to pick up their dogs, and that access will be granted for volunteers to access the dog run.
Susan Edstrom, Chair of the Animal Shelter Advisory Board, requested that the dog run have proper lighting for
when dogs are taken out during the night. She stated that the chain-link fence would extend into the ground,
which would prevent dogs from digging out.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Site Plan for the new
Trophy Club Town Hall facility located at One Trophy Wood Drive on Lot 4, Block B, Trophy Wood Business Center,
Case SP -16-036, to include: 1) Granting a waiver to the required screening wall along the common boundary with
existing residentially zoned property, as recommended by the P&Z Commission; and 2) Retain the chain-link fence
for the dog run as specified in the plan.
Motion passed unanimously.
12. Discussion of and provide direction to Staff regarding aesthetics for the Texas Department of Transportation
(TxDOT) sound wall along State Highway 114; discussion of same (Staff).
Town Planner Ruthven advised that this item was to receive final direction from Council regarding the aesthetics of
the sound wall for the side that would face State Highway 114. He stated that a letter was sent to the residents that
were identified through the noise analysis as benefit receptors to the project. The majority of those residents
responded that they wanted the sound wall. Those residents are currently being polled for their preference of the
wall texture and color that would face their homes. He presented options to the Council for the wall texture, which
consisted of Fractured Fin, Ashlar Stone, and brick, and for the wall color, which consisted of Town Hall Tan, dark
chocolate brown, light grey, and dark grey.
Nancy Cline, TxDOT Denton County Area Engineer, stated that the contractor typically requests to remove the
coping, which is the top and bottom border of the wall.
Mayor Sanders received consensus from the Council to proceed with Ashlar Stone for the external texture, to
exclude the option of coping, and to move forward with the color Town Hall Tan.
Town Council Minutes April 26, 2016 Page 4 of 8
Nelson Underwood, TxDOT Project Manager, commented that the decision to proceed with a form liner would need
to be done simultaneously with the color and texture options in order for it to be incorporated into the design.
Additionally, he advised that the berm would block the visibility of the wall.
Discussion took place not to proceed with pursuing form liners for the sound wall, Item No. 10, Discussion of form
liners for the sound wall along State Highway 114, from the Town Council Future Agenda Items list.
13. Consider and take appropriate action regarding a Maintenance Agreement between the Town and TxDOT;
and authorizing the Mayor or his designee to execute all necessary documents (Staff).
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve a Maintenance
Agreement between the Town and TxDOT; and authorizing the Mayor or his designee to execute all necessary
documents.
Motion passed unanimously.
14. Consider and take appropriate action regarding the Fiscal Year 2016 Parks projects; receive an update from
Staff; discussion of same (Staff).
Assistant Town Manager/CFO Glickman briefed the Council regarding the 11 projects that were part of the Fiscal
Year 2016 Parks budget, which were included in the Town Council Agenda Packet.
Motion:
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to allocate an additional $8,000
for the toddler playground at Harmony Park by using the remaining funds from the line item for the bleacher
replacement.
Motion passed unanimously.
Discussion took place regarding options to rehabilitate eight to ten cul-de-sac medians that are not irrigated.
Additional discussion ensued regarding the possibility of raising the water level at the Splash Pad to assist with the
runouts being slightly underwater.
Council Member Shoffner recommended that future Park projects possibly be completed during the Winter season
due to increased events that are held during the Summer season.
Council Member Rowe suggested placing a sign with an estimated completion time at Park projects that are under
construction.
15. Receive an update and provide direction to Staff regarding House Bill 157 and Senate Bill 1760; discussion of
same (Staff).
Assistant Town Manager/CFO Glickman provided an update regarding House Bill 157, which eliminates the cap of
one (1) percent for general sales taxes and caps on special districts to allow the governing body to call an election
to allocate the sales tax in the most beneficial way to that particular government. The Town must stay within the
two (2) percent overall cap, but it allows a myriad of possibilities within the overall cap. Additionally, he provided
an update regarding Senate Bill 1760, which requires governments that are proposing a tax rate above the
effective tax rate to do so with a minimum of 60 percent approval. For the Town of Trophy Club, five of the seven
Council Members must vote in favor of a proposed tax rate in order to ratify that rate. In addition, the Bill would
require additional language be added to notices and ballots when a tax rate exceeding the effective rate is
proposed. The required language must state what the additional tax revenue is to be used to fund.
Town Council Minutes April 26, 2016 Page 5 of 8
Mayor Sanders requested to have additional information provided from the Bond Council, regarding HB 157, to be
considered by the Council at a later time since the item would be required to be presented to the voters of the
Town through an election.
No action was taken on this item.
16. Consider and take appropriate action regarding the Mid -Year Financial Report for Fiscal Year 2016 (Staff)
Assistant Town Manager/CFO Glickman provided an update for the item and stated that overall the Town is in
outstanding financial shape with approximately 77 percent of the revenue received in the general fund against 43
percent expenditures in the general fund.
Council Member Shoffner inquired about the timeframe for when the Town usually receives reimbursement from
Northwest Independent School District (NISD) for the School Resource Officer (SRO) program. Additionally, he
asked about the collection of the EMS Runs revenue since it was down by seven (7) percent from last year; and
based on Trophy Club Municipal Utility District (TCMUD) No. 1 information, they had 172 runs in 2015 and 168
runs in 2016.
Assistant Town Manager/CFO Glickman stated that the Town typically receives reimbursement from NISD at the
beginning of the year and that invoices have recently been sent to NISD. Additionally, he explained that past due
collections are handled through a third party collection agency for accounts that are past due by six (6) months.
He advised that the company that the Town was using went out of business and Staff is now in the process of
obtaining another company.
Mayor Sanders advised that he spoke with Tim McClure, District Architect and Planner with NISD, and that they are
examining their participation with Lakeview Fields.
No action was taken on this item.
17. Consider and take appropriate action regarding an Ordinance amending various provisions of Article 2.01,
"General Provisions" of Chapter 2, "Animal Control' of the Town of Trophy Club Code of Ordinances
adopting provisions regulating the keeping of Fowl within the Town; providing a penalty not to exceed
$2,000 for each offense; and providing an effective date (Staff).
Council Member Shoffner inquired about the charge for the coop construction permit fee since currently there is
not a fee for that within the schedule of fees.
Town Attorney Adams stated that they would implement the miscellaneous fee of $75 for general permits.
Discussion took place regarding the heading of Item No. 3, Coop Required — Permit Required for Maximum Size,
within Section 2.01.020, to possibly remove "for Maximum Size" because it leads a person to believe that they
have to build to the maximum size.
Council Member Shoffner preferred to have a registration fee instead of a coop construction fee.
Police Chief Arata explained that the fee was geared to be an inspection fee to ensure that the coop was placed in
the appropriate location.
Main Motion:
Main Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Ordinance No.
2016-17, amending various provisions of Article 2.01, "General Provisions' of Chapter 2, "Animal Control" of the
Town of Trophy Club Code of Ordinances adopting provisions regulating the keeping of Fowl within the Town;
providing a penalty not to exceed $2,000 for each offense; and providing an effective date of April 26, 2016 with
the amendments being as follows: Use the definitions of Coop and Fowl within Section 2.01.001 as defined in the
packet, and use the definition of Nuisance within Section 2.01.020 as defined in the packet.
Town Council Minutes April 26, 2016 Page 6 of 8
Council Member Rowe explained that he excluded Item No. 3, Coop Required — Permit Required for Maximum Size,
because regulations are currently in place for structures that are 120 square feet and that the nuisance section
would cover possible issues for concerned adjoining property owners.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to amend Item No. 4,
Location and Other Requirements for Coops, bullet point No. 2, within Section 2.01.020, to read as follows: Be
located a minimum of ten feet (10') from rear and side lot lines and shall not be located within 100 feet (100') of
any residents, business or commercial establishment, or office or school.
Motion to Amend failed for lack of majority 2-4-0 with Mayor Pro Tem Lamont and Council Member Shoff ner voting
for, and Mayor Sanders and Council Members Reed, Rowe, and Kurtz voting against.
Motion to Amend:
Motion to Amend made by Council Member Shoff ner, seconded by Mayor Pro Tem Lamont, to add another bullet
point to Item No. 4, Location and Other Requirements for Coops, within Section 2.01.020, to read: This section shall
not apply to pet birds kept within residential or commercial structures, nor shall it apply to bird houses for the
keeping of migrating or wild birds.
Motion passed unanimously.
Discussion ensued that the Main Motion removed the portion that would require that the coop be present, which
would include chicken runs, and that the intent was to institute the definition of a nuisance.
The vote for the Main Motion as Amended was taken, to approve Ordinance No. 2016-17, amending various
provisions of Article 2.01, "General Provisions" of Chapter 2, "Animal Control" of the Town of Trophy Club Code of
Ordinances adopting provisions regulating the keeping of Fowl within the Town; providing a penalty not to exceed
$2,000 for each offense; and providing an effective date of April 26, 2016 with the amendments being as follows:
Use the definitions of Coop and Fowl within Section 2.01.001 as defined in the packet, and use the definition of
Nuisance within Section 2.01.020 as defined in the packet; to add another bullet point to Item No. 4, Location and
Other Requirements for Coops, within Section 2.01.020, to read: This section shall not apply to pet birds kept within
residential or commercial structures, nor shall it apply to bird houses for the keeping of migrating or wild birds.
Motion passed unanimously.
18. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for May 10, 2016 meeting; and discussion of the Town Council Future Agenda Items
list, to include discussion of the below items from the Future Agenda Items list:
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.
A) Item No. 7 - Discussion and consideration of laws related to texting while driving inside the Town.
(Reed 1/26/2016) (1 -April 26, 2016)
Town Manager Seidel advised that Town Staff are continuing to work on this item.
B) Item No. 8 - Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building
services such as trash, drainage, etc. (Sanders 1/26/2016) (1 -April 26, 2016)
Town Manager Seidel advised that he had a meeting scheduled later in the week with the TCMUD No. 1 General
Manager and that he would provide an update afterwards.
Town Council Minutes April 26, 2016 Page 7 of 8
Mayor Sanders stated that he was concerned that the TCMUD No. 1 had not provided direction regarding the
termination of the Interlocal Agreement (ILA) for Fire Department Personnel Services. He requested to have an
item on the next Council agenda to begin dealing with the ILA since the Town is under a deadline of September 30,
2016. Additionally, he advised that the TCMUD No. 1 terminated the ILA for Contractual Personnel Services, which
included billing service for trash and drainage.
Council Member Shoffner stated that the Town has an obligation and responsibility to explore other opportunities.
Council Member Reed requested to add the following item to the Town Council Future Agenda Items list: Receive a
presentation regarding options for Fire and EMS.
Consider and take appropriate action regarding the Executive Session. (Town Secretary Note: Mayor
Sanders brought back Agenda Item No. 2)
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to remove the item from the table
and reconvene into Executive Session.
Motion passed unanimously.
RECONVENED INTO EXECUTIVE SESSION
1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 (1) and
(2) Consultation with Attorney seeking advice of its attorney regarding pending or contemplated
litigation or a settlement offer or to consult with its 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 conflicts with the Open Meetings Act.
1. Patricia Adams, Town Attorney
CONVENED INTO EXECUTIVE SESSION - START TIME — 9:52 P.M.
RECONVENED INTO REGULAR SESSION - START TIME —11:41 P.M.
RECONVENED INTO REGULAR SESSION
2. Consider and take appropriate action regarding the Executive Session.
Motion:
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, that pursuant to the Council's review of
Town Attorney Adams, that the Council document the items that were discussed for goals and objectives.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn the meeting at 11:43
p.m. Motion passed unanimously.
Holly Fim4r�, Town Secretary/RIV]
Town of Trophy Club, Texas
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Town Council Minutes
TI
r
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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