Minutes TC 08/09/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday,August 9,2016 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 Tuesday, August 9, 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 Tern, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S)PRESENT:
Stephen Seidel Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
Ron Ruthven Town Planner
Tom Rutledge Town Engineer
Mayor Sanders announced the date of Tuesday,August 9,2016,called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges to the American Flag and Texas Flag were led by Council Member Shoffner.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations;
Announcements and Reports; Consent Agenda; Item No. 5; Public Hearing; Item No. 12; Item No. 13; Item No. 15;
Item No. 16; Item No. 17; Item No. 18; Item No. 14; Item No. 19; Item No. 20; Item No. 21; Item No. 22; Item No.
23; Executive Session;and Item No.25)
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
1. Town Manager Seidel's update regarding the following;discussion and provide input regarding same(Staff):
*Aquatic Facility Schedule
*Town Hall Construction
*Lakeview Construction
*Street Reconstruction
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
2. Town Council Liaison Updates;discussion of same(Staff):
*Economic Development Corporation(EDC)4B,July 18,2016
Council Liaison-Council Member Rhylan Rowe
*Parks and Recreation Board,July 18,2016
Council Liaison-Council Member Philip Shoffner
Council Member Rowe was unable to attend the EDC 4B meeting therefore Town Manager Seidel provided the
update. Council Member Shoffner did not attend the Parks and Recreation Board meeting because the agenda did
not contain any items of significance.
Council Member Kurtz expressed concerns related to youth football and lacrosse field usage space.
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.
3. Consider and take appropriate action regarding the Minutes dated June 28, 2016 (Staff). (Town Secretary
Note:Approved as presented in the Town Council agenda packet).
4. Consider and take appropriate action regarding the Minutes dated July 12, 2016 (Staff). (Town Secretary
Note:Approved as presented in the Town Council agenda packet).
5. Consider and take appropriate action regarding a Utility Billing Agreement between the Town of Trophy
Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or his designee to execute
all necessary documents(Staff).
6. Consider and take appropriate action regarding the award or rejection of proposals for Professional
Auditing Services for the Town of Trophy Club; and authorizing the Town Manager or his designee to
execute all necessary documents(Staff).
7. Consider and take appropriate action regarding financial and variance report dated June 2016(Staff).
8. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2016-14 authorizing
participation in various cooperative purchasing programs and adopting a new resolution authorizing
participation in various cooperative purchasing programs in accordance with the Town's Procurement
Policies and Procedures authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee and approving related contracts and the payment of
related fees in accordance with the budget;and providing an effective date(Staff).
9. Consider and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club
and the City of Roanoke for the purchase of goods and services; and authorizing the Town Manager or his
designee to execute all necessary documents(Staff).
Town Council Minutes August 9, 2016 Page 2 of 14
Council Member Shoffner requested to remove Item No.5 from the Consent Agenda.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 3,4 and 6 through 9.
Motion passed unanimously.
REGULAR SESSION
5. Consider and take appropriate action regarding a Utility Billing Agreement between the Town of Trophy
Club and Trophy Club Municipal Utility District No. 1;and authorizing the Mayor or his designee to execute
all necessary documents(Staff).
Council Member Shoffner stated that the Trophy Club Municipal Utility District (TCMUD) No. 1 was requesting a
flat service fee of $1,200 per month, totaling $14,400 per year. He advised that the late fee charged by the
TCMUD No. 1 included the Town's total monthly garbage and drainage fees,which is all kept by the TCMUD No. 1.
He provided the following TCMUD No. 1 statistics that reflected received Town late fees: $16,590.06 in Fiscal Year
2013; $17,106.21 in Fiscal Year 2014; and $18,807.84 in Fiscal Year 2015. He believed that the late fee's that the
TCMUD No. 1 received was more than adequate to cover the service fees without requesting an additional
$14,400.
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Rowe,to refer the item back to TCMUD
No. 1 and have the Town Manager meet with the TCMUD No. 1 General Manager to discuss the Council's concerns
in order to reach a better agreement.
Council Member Rowe was in favor of the motion and to allow the TCMUD No.1 Board to have the opportunity to
review the mentioned concerns.
Council Member Shoffner agreed that there should be a mechanism in place that if TCMUD No. 1 did not receive
the necessary service fees then the Town would owe the difference.
The vote was taken.
Motion passed unanimously.
PUBLIC HEARING
10. Conduct a public hearing regarding the Trophy Club Crime Control and Prevention District(CCPD)Budget for
Fiscal Year 2016-2017 submitted to the Town Council by the CCPD Board(Staff).
Mayor Sanders opened the public hearing at 7:22 p.m.
There was no one present that wished to speak regarding the item.
11. Conduct a public hearing regarding amending Section 14.02.251, Temporary Uses, of the Town of Trophy
Club Code of Ordinances in order to add the use of a portable classroom and provide for other amendments
(Staff).
Erin Myers, 10 Winstead Court, a Samuel Beck Elementary School parent and former PTA President,acknowledged
that Beck was a great school with a decorated principal and teachers. She felt that there was a lack of
communication by Northwest Independent School District (NISD) about the portable classrooms. She had
concerns regarding safety and the length of time that the portable would be used for. She noted that students
would have to have a silent lunch for all grade levels in order to have a classroom on the stage. She suggested
redrawing the District lines or to allow students to attend other elementary schools within the District.
Town Council Minutes August 9,2016 Page 3 of 14
Tiffany Nimphius, 214 Fresh Meadow Drive, commented that the initial cost was $100,000 for placement of the
portable classrooms and if a bathroom were added it would increase the cost and take longer to complete. She
felt that portable classrooms would not be the best solution to address the issue of overcrowding, but to possibly
grant waivers which would allow little to no funds to be spent by the District. She stated that her request to stay
at Lakeview Elementary was denied prior to the last school year when she moved within Beck Elementary
boundaries.
Wendy Murray, 2522 Roseville Drive, stated that in the 2013-14 school year Beck Elementary added a larger
cafeteria and two music classrooms and could hold 850 students. She mentioned that during that timeframe a
District representative remarked that the District would not allow Beck to go above an 18 to 1 student to teacher
ratio, but in the 2016-17 school year there was a 22 to 1 ratio. She was concerned with further dilution of the
classrooms and the safety of the students. She advised of the lack of communication she had been able to have
with the District and requested that the District grant waivers or rezone the District boundary lines.
Kristin Hildebrand, 4 Parkway Court, requested that the Council approve the portable classrooms and stated that
at this point it would be the most reasonable solution for the students. She commented that as an employee of
NISD,she had worked at schools with portable buildings and it had been a positive experience. She noted that as a
parent of a Beck student, she would be upset if the art class went by cart to classrooms or if a classroom was held
onstage in the cafeteria.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:27 p.m.
REGULAR SESSION
12. Introduction of Dr.Ryder Warren,the new Superintendent with Northwest Independent School District;and
receive an update regarding the District and Samuel Beck Elementary;discussion of same(N.Sanders and G.
Reed).
Dr. Ryder Warren, Superintendent with NISD, introduced himself and provided his professional background of
coming from Midland,Texas with approximately 18 years of experience as a school superintendent. He provided a
handout and stated that the District's philosophy was not to use portable buildings as permanent fixtures for any
of their schools. He commented that NISD was a fast growth district and portables were part of the planning and
building process. He pointed out that a future consideration of NISD was to review attendance boundaries for all
elementary schools, including Beck Elementary, in Spring 2017. He stated that the District mandated the State
recommendation of a ratio of no more than 22 students in a kindergarten, first, second, third, or fourth grade
class. Additionally, he advised that the he would only place fourth and fifth graders in the portable classrooms.
Tim McClure, District Architect and Planner with Northwest Independent School District, was available for any
questions.
Council Member Shoffner inquired about students having a key fob,given to them by the teacher, to have access
to the bathrooms within the main school structure and the implementation of a buddy system to further enhance
student safety.
Sandy Conklin, Principal of Samuel Beck Elementary School, stated that the portable building would be placed
behind the Physical Education area and that the plan would be to allow students in the portable building to access
the area with the key fob and buddy system.
Council Member Shoffner was concerned that the buddy system would possibly create a disturbance for the
students who had to escort another student to the restroom. Mr.Conklin responded that a possibility would be to
have restroom breaks during the built-in transition breaks.
Dr. Warren was concerned about the sidewalk that ran through the campus since the current fence had access
gaps within it. He advised that the District would take appropriate security measures to ensure the safety of the
students.
Town Council Minutes August 9,2016 Page 4 of 14
Discussion took place that the approval of a classroom waiver, to allow a higher ratio of 22 students to 1 teacher,
would be through an administrative process. Dr. Warren advised that the redrawing of the District lines to
accommodate one or two classrooms at one campus would potentially create skewing of the other district lines.
Council Members Rowe and Kurtz voiced their concern that the District currently had $73 million in their fund
balance to proceed with the construction of the two additional classrooms for approximately $2 million.
Additionally, Council Member Rowe provided the background of the Council's concerns regarding NISD capacity
and density.
Council Member Kurtz requested that the District proceed with approving the funds to construct the two
additional classrooms. Dr. Warren stated that he would report the request to the NISD School Board, but advised
that action taken for an individual school would set precedence at other schools within NISD.
Council Member Shaffner added that the Town's growth had been phenomenal and that the District's tax rate of
$1.44 per$100 valuation allowed them to receive higher property taxes than the Town received. He advised that
there had not been any new plats approved and that there had been several instances where the boundary lines
could have been changed to redirect students to Lakeview Elementary. He believed that the simplest solution
would be to grant waivers for a few students to attend Lakeview Elementary.
Dr. Warren explained that municipalities differed from school districts taxing ability where the Town was able to
realize the rise in values. He stated that the District's operating budget was approximately$197 million,which was
generated from their Maintenance and Operations(M&O)tax rate. Additionally, he stated that the District would
use roughly$10 million of the fund balance to balance their budget and that 85 percent of their operating budget
was for staffing. Their intent was not to raise their M&O tax rate because the District would have to hold an
election to increase it.
Council Member Kurtz commented that families could have been approached months ago to find out if they
desired to transfer to another school that was under capacity.
Mayor Sanders acknowledged the District's desire to protect their fund balance but he believed that the District
could at least precede with the construction plans.
In closing, Dr. Warren stated that the District was listening to the Town's concerns and that he desired to work
with the Town.
No action was taken on this item.
RECESSED AT 8:54 P.M. FOR A BREAK
RECONVENED AT 9:02 P.M.INTO REGULAR SESSION
13. Consider and take appropriate action regarding amendments to Section 14.02.251,Temporary Uses,of the
Town of Trophy Club Code of Ordinances in order to add the use of a portable classroom and provide for
other amendments(Staff).
Mayor Sanders stated that Dr. Warren would discuss the Council's concerns and suggestions with the NISD Board
of Trustees in order for them to explore options.
Town Planner Ruthven advised that if the proposed amendments to the Town's Code of Ordinances were
approved, NISD's request for a Temporary Use Permit would be considered by the Planning and Zoning (P&Z)
Commission on August 18,2016,and would then be considered by the Council on August 23,2016.
Discussion took place that estate sales are currently prohibited and garage sales are only allowed twice a year
through the bi-annual Trophy Club Community Garage Sale. Council reviewed possible changes to the proposed
ordinance which included removing the reason that a resident could have an estate sale, placing a duration limit,
and prohibiting items from being placed in driveways.
Town Council Minutes August 9,2016 Page 5 of 14
Main Motion:
Main Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Ordinance No. 2016-27
P&Z, amending Section 14.02.251, Temporary Uses, of the Town of Trophy Club Code of Ordinances in order to
add the use of a portable classroom and provide for other amendments;with the following amendment to remove
Item No. 8 (D), Portable classroom buildings shall contain separate restroom facilities in each portable classroom
building.
Motion to Amend:
Motion to Amend made by Council Member Rowe, seconded by Council Member Reed, to include a modification
to Item No. 9 so that it read: Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of
the materials owned by a person. Estate sales shall not include garage sales. An estate sale shall only require the
approval of the planning and zoning administrator and shall only require the submission of a temporary use permit
application and fee.
Council Member Shoffner pointed out that a time limit should be implemented to ensure that estate sales were
not occurring every weekend. Additionally, he inquired how the planning and zoning administrator would
determine the substantial portion of the materials owned by a person,as phrased within the proposed ordinance.
Town Planner Ruthven responded that the substantial portion of materials owned by a person would be
determined by circumstances such as an eviction.
Dennis Sheridan, Chair of the P&Z Commission, inquired about the definition of a garage sale. Town Planner
Ruthven advised that the definition of a garage sale was the sale of previously owned domestic and household
items onsite by the resident of a single-family detached dwelling.
Motion to Amend the Amendment:
Motion to Amend the Amendment made by Council Member Kurtz, seconded by Council Member Parrow, to
include in Item No. 9, Estate sales, that no items for sale shall be visible from the street and that only one estate
sale shall be allowed per address per year.
Motion to Amend the Amendment passed unanimously.
Motion to Amend the Amendment:
Motion to Amend the Amendment made by Council Member Shoffner,seconded by Council Member Rowe,to add
"or his designee" to the last sentence of Item No. 9, Estate sales, so that it read: An estate sale shall only require
the approval of the planning and zoning administrator or his designee and shall only require the submission of a
temporary use permit application and fee.
Motion to Amend the Amendment passed unanimously.
The vote for the Motion to Amend as Amended was taken,to include a modification to Item No.9 so that it read:
Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of the materials owned by a
person. Estate sales shall not include garage sales. An estate sale shall only require the approval of the planning
and zoning administrator and shall only require the submission of a temporary use permit application and fee; to
include in Item No. 9, Estate sales, that no items for sale shall be visible from the street and that only one estate
sale shall be allowed per address per year; and to add "or his designee" to the last sentence of Item No. 9, Estate
sales,so that it read:An estate sale shall only require the approval of the planning and zoning administrator or his
designee and shall only require the submission of a temporary use permit application and fee.
Motion to Amend as Amended passed unanimously.
Town Planner Ruthven pointed out that on page 115 of the Agenda Packet,that Item No. 8, I, Portable classrooms
for private schools shall not be permitted as a temporary use,was excluded from the proposed ordinance because
private schools are required to be treated equally to public schools.
Conversation ensued regarding portable classroom buildings adhering to the overall school campus security plan
such that an active shooter would not have an additional advantage apart from the existing school security plan
and that Staff would work with NISD to ensure that the correct regulations were met regarding fencing.
Town Council Minutes August 9, 2016 Page 6 of 14
The vote for the Main Motion as Amended was taken,to approve Ordinance No. 2016-27 P&Z,amending Section
14.02.251,Temporary Uses, of the Town of Trophy Club Code of Ordinances in order to add the use of a portable
classroom and provide for other amendments; with the following amendment to remove Item No. 8(D), Portable
classroom buildings shall contain separate restroom facilities in each portable classroom building; to include a
modification to Item No. 9 so that it read: Estate sales. An estate sale is a sale or auction to dispose of a
substantial portion of the materials owned by a person. Estate sales shall not include garage sales. An estate sale
shall only require the approval of the planning and zoning administrator and shall only require the submission of a
temporary use permit application and fee; to include in Item No. 9, Estate sales, that no items for sale shall be
visible from the street and that only one estate sale shall be allowed per address per year; and to add "or his
designee" to the last sentence of Item No. 9, Estate sales, so that it read: An estate sale shall only require the
approval of the planning and zoning administrator or his designee and shall only require the submission of a
temporary use permit application and fee.
Main Motion as Amended carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz,
and Shoffner voting for,and Mayor Pro Tern Lamont voting against.
14. Receive update from Mayor and Town Manager related to a meeting the Town had with representatives of
Trophy Club Municipal Utility District No. 1 regarding proposed water/sewer rate increases and tax rate
increases;discussion of same(N.Sanders and G. Lamont).
Mayor Sanders advised that the Trophy Club Municipal Utility District(TCMUD) No. 1 President was unavailable to
attend the Council meeting. He provided an update regarding the three (3) scenarios regarding proposed water
and sewer rates, which were available on the TCMUD No. 1 website. He stated that the Town would see a cost
increase of approximately$40,000 based upon estimates of the new water rates.
Council Member Shoffner voiced his concern about the substantial cost increase that would affect the PID
residents,especially when TCMUD No. 1 mentioned that this would be the first of three rate increases in order to
match American Water Works Association.
Discussion took place regarding the upcoming TCMUD No. 1 Bond Election and TCMUD No. 1 statistics for the
Town's population.
Mayor Pro Tern Lamont suggested that a TCMUD No. 1 representative attend the August 23,2016 Council meeting
according to the Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater
Operational Services Agreement, Section 5.2, Provision of MUD Operations Services, (a), 8, Providing a
representative, upon prior request of Town,to present reports at regular Town Council meetings regarding service
matters.
Council Member Shoffner added that the Town would be at the discretion of the TCMUD No. 1 decision for the
rates based upon the Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater
Operational Services Agreement;therefore, he encouraged PID residents to attend the TCMUD No. 1 meeting.
No action was taken on this item.
15. Consider and take appropriate action regarding the design of the Veterans Memorial;receive a presentation
from Teague Nall&Perkins;discussion of same(Staff).
Mike Wilson, Project Manager with Teague Nall and Perkins, stated that he was seeking Council's direction
regarding the service towers and lighting for the Veterans Memorial. He presented an update regarding the design
of the Memorial,which included the following:an aerial of the location;Option 2 design renderings with six service
towers; seat wall elevations; Option 1 and Option 2 designs of the service towers; photos of other service towers;
and original sketches of the Memorial. He added that the Trophy Club Women's Club was in favor of the circular
pattern for the dedication pavers and that they would like the entry sign to be lit. He inquired about Council's
preference on internal lighting and lighting of the pathway to the Memorial. Additionally, he stated that Option 1
were vertical towers that would have ground mounted flush flood lighting that project lighting up and Option 2
were towers with an angled top that would have bollard lighting shining some ambient lighting onto them.
Town Council Minutes August 9,2016 Page 7 of 14
Discussion took place that the proposed plan would have to be slightly modified if there were a future expansion
of the Memorial and that the cost difference from the current design compared to the initial cost provided by the
Women's Club was primarily due to the type of service towers and additional lighting for the facility.
Council Members Rowe and Shoffner preferred to only illuminate the flag because other Town park pathways
were not illuminated and the Memorial would most likely not be utilized during night hours.
Motion:
Motion made by Council Member Parrow,seconded by Council Member Rowe, to approve service tower Option 2
and proceed with the project as presented with no additional lighting other than a high quality flush mounted flag
illumination.
Connie White, 119 Trophy Club Drive,inquired if the pathway to the Memorial and sign would remain. Mr.Wilson
responded that the pathway and sign would remain.
The vote was taken.
Motion passed unanimously.
Town Engineer Rutledge advised that the bid would be sent out the following week as one package with the two
parking lots and the Memorial,that they would possibly see if a contractor would be able to deliver the Memorial
by November 3,2016.
Council Member Parrow commented that the appropriate order of the emblem placement was Army, Marines,
Navy,Airforce,Coast Guard,and prisoner of war(POW).
16. Referred Agenda Item: Consider and take appropriate action regarding an Ordinance for a Specific Use
Permit for on-premise alcohol sales in conjunction with a restaurant to be operated as part of a Holiday Inn
Hotel, on Lot 3R3, Block B, Trophy Wood Business Center, located at 725 Plaza Drive, Case SUP-16-009
(Staff).
Council Member Parrow inquired when Holiday Inn planned to open the hotel. Raj Patel, Owner of the Holiday
Inn,stated that they planned to open November 16,2016.
Council Member Reed asked Mr. Patel to expand on the franchisor. Mr. Patel responded that the franchisor was
Green Mill Restaurant, out of North Dakota, and that this would be the first location in Texas. He stated that he
purchased the franchise rights for two locations that would both be located in hotels, one in Trophy Club and one
in the Lancaster/Desoto area. He advised that a separate manager would be hired for the restaurant and the
franchisor would train the employees. Additionally, he stated that he currently operated 20 restaurants and three
(3)hotels with a restaurant and bar.
Conversation took place that the hotel was adequately parked but the restaurant was not, and that breakfast
would be served to hotel guests through the restaurant kitchen.
Motion:
Motion made by Mayor Pro Tem Lamont,seconded by Mayor Sanders,to approve Ordinance No.2016-26 P&Z,for
a Specific Use Permit (SUP) for on-premise alcohol sales in conjunction with a restaurant called The Crooked Pint
Ale House to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B, Trophy Wood Business Center,
located at 725 Plaza Drive,Case SUP-16-009.
Council Member Kurtz inquired when the restaurant would open. Mr. Patel stated that the restaurant and hotel
would have to open at the same time. Additionally, he confirmed that the franchisor approved the plans for the
prior approved footprints of the restaurant and that they were not requiring any changes.
Town Council Minutes August 9,2016 Page 8 of 14
Discussion took place that if the SUP were not approved then Holiday Inn would not be able to open because a
requirement of Holiday Inn was to have a full service hotel with restaurant and bar. Council voiced their concerns
that there was a lengthy delay from when the Site Plan was initially approved and when the Specific Use Permit
was applied for,and that the operating manager of the restaurant had not yet been hired.
Council Member Kurtz requested that Mr. Patel provide the Council with a list of hotels that he owned that had a
restaurant and served alcohol. Mr. Patel stated that he would provide a list and gave an example of a Hilton
Garden in New Braunfels.
Mr. Patel explained that the grading permit was approved on January 14, 2014 and the building plans were
approved prior to January 1,2014. He stated that he lost the franchise on January 13,2014 because he was unable
to start construction by January 1, 2014;therefore he had to apply for the franchise again causing the initial delay
in construction for three to four months.
Council Member Shoffner inquired about the reason Mr. Patel was unable to start construction on time because a
special meeting had been called specifically for consideration of the replat of the property on December 30, 2013.
Mr. Patel responded that he was unable to break ground on time,which referred to when the slab was poured.
Council Member Shoffner asked Mr. Patel if he had any Texas Alcohol Beverage Commission (TABC) violations at
any of his other hotel locations. Mr. Patel stated that he had not received any violations.
Development Services Manager Cooke commented that annual building and fire inspections are performed on
hotels and if the hotel were not in compliance with the Town's ordinances and regulations then there would be
the ability to not renew the annual TABC license. Town Planner Ruthven advised that the Council had the ability to
impose conditions on the SUP.
Council Member Kurtz asked Mr. Patel how long he knew that he needed to apply for the TABC license. Mr. Patel
stated that this was the first time he had to go before Council for approval of an SUP but he knew from the
beginning that the hotel would have a restaurant and bar.
The vote was taken.
Motion failed for lack of majority 3-4-0 with Mayor Sanders, Mayor Pro Tern Lamont, and Council Member Rowe
voting for,and Council Members Parrow, Reed, Kurtz,and Shoffner voting against.
Conversation ensued that if the SUP were denied then the applicant would have to wait 12 months before the SUP
could be considered again but if the SUP were denied without prejudice then the SUP could be considered again
without a waiting period.
Motion to Reconsider:
Motion made by Mayor Pro Tern Lamont,seconded by Council Member Kurtz,to reconsider Item No. 16, Consider
and take appropriate action regarding an Ordinance for a Specific Use Permit for on-premise alcohol sales in
conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B, Trophy Wood
Business Center,located at 725 Plaza Drive,Case SUP-16-009.
Motion to Reconsider passed unanimously.
Motion to Deny without Prejudice:
Motion made by Council Member Reed,and seconded by Council Member Parrow,to deny Ordinance No.2016-26
P&Z without prejudice.
Council Member Kurtz commented that he would be in favor of reconsidering the SUP with an action plan or
presentation that showed the concept of Crooked Pint. Mayor Sanders suggested that either documentation be
provided or a representative from Holiday Inn would be present when the item was reconsidered to advise that
they believed the development would be successful with the sale of alcohol.
Town Council Minutes August 9,2016 Page 9 of 14
Town Planner Ruthven noted that a new application would have to be submitted in order for the item to be
reconsidered and that it would go through the entire process again.
The vote for the Motion to Deny without Prejudice was taken.
Motion to Deny without Prejudice carried 5-2-0 with Mayor Sanders, Mayor Pro Tern Lamont, and Council
Members Parrow,Reed,and Kurtz voting for,and Council Members Rowe and Shoffner voting against.
Mayor Sanders relinquished the Chair to Mayor Pro Tern Lamont.
17. Tabled Agenda Item: Consider and take appropriate action regarding an Ordinance amending Chapter 1,
General Provisions,and Chapter 12,Traffic and Vehicles,of the Town of Trophy Club Code of Ordinances to
allow golf carts to be driven on designated paths and in designated areas; and providing a penalty and an
effective date(P.Shoffner and G.Reed).
Council Member Shoffner advised that the State had mandated requirements for golf carts to operate on the
streets and that the Town had two additional requirements beyond the State's requirements. He noted that a golf
cart could be driven anywhere in the Town according to the State's speed limit regulation of 35 mph. He believed
that since there were already State regulations in place, then the additional requirement from the Town for an
inspection could be eliminated because the Police Department would still have the authority to pull individuals
over. Additionally, he stated that the City of Roanoke would allow Trophy Club residents to purchase their
inspection stickers if there were residents that wanted to drive their golf carts to Roanoke.
Police Chief Arata stated that the additional Town requirements were to provide proof of insurance and that golf
carts had turn signals. He commented that Roanoke would honor the Town's current stickers and would allow
residents to travel back and forth.
Discussion took place that the intent of the ordinance was to allow golf carts on certain designated paths and
sidewalks. Additional conversation ensued that it could be simpler to have one sign in each park area and that golf
carts would not be allowed on the playing fields.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Ordinance No. 2016-
23,amending Chapter 1,General Provisions,and Chapter 12,Traffic and Vehicles,of the Town of Trophy Club Code
of Ordinances to allow golf carts to be driven on designated paths and in designated areas;and providing a penalty
and an effective date of August 9, 2016, as presented with the following modifications to Article 1.08, Parks and
Recreation, Division 3, Park Regulations, Section 1.08.062, Vehicular Regulations: Subsection 3 so that it reads:
Operate a vehicle, device, motorized assisted scooter or other motorized device including, but not limited to
vehicles known as ATV's anywhere within the playing boundaries of a sports field; and to eliminate subsection 8,
Motorized carts shall only be operated in those areas specifically designated by the director and identified by the
use of signage and/or other pavement markings.
Motion passed unanimously.
18. Town Council to provide direction to Town Staff regarding the regulation of solar panels(Staff).
(Town Secretary Note: Pete Reincke, 3 Colonial Court, filled out a Speaker Request Form but left before the item
had been presented)
Town Planner Ruthven advised that the item had initially been discussed at the January 26, 2016 Council meeting.
He presented the proposed changes that would consist of roof and ground mounted solar panels and stated that
there are currently 12 homes with existing solar panels systems in the Town. Under the proposed regulations,
these homes would be able to keep and maintain their current systems and, additionally,would be able to replace
them as well provided the system complies with the new regulations. He stated that the solar panels would be
allowed by right if they meet the ordinance requirements with an approved building permit. Additionally, he
advised that if any roof mounted solar panels did not meet the ordinance regulations, then a Specific Use Permit
could be considered by the P&Z Commission and the Council.
Town Council Minutes August 9,2016 Page 10 of 14
Council Members Rowe and Shoffner were not in favor of the proposed requirement(b), Roof mounted systems,
subsection 3, all roof mounted systems shall be placed upon the building such that the system is not visible from a
public or private street and/or a golf course, because there would be some residents that would not be able to
place solar panels anywhere on their roof due to their roof design or if their homes faced the sun.
Mayor Sanders received consensus from the Council to remove requirement (b), subsection 3, from the proposed
requirements.
Mayor Sanders was not in favor of the proposed requirement (d), General Regulations, subsection 1, Building
Permit Required, C, A survey and legal description of the subject property where the proposed solar panel system
is to be located.
Council Member Rowe was in favor of removing "golf course" from the proposed requirement (c), Ground
mounted systems, subsection 3, so that it would read: Ground mounted systems shall be located behind the
principal structure on the property and shall be screened such that the system is not visible from a public or
private street.
No action was taken on this item.
Mayor Pro Tern Lamont relinquished the Chair back to Mayor Sanders.
19. Discussion of Town Council Future Agenda Item No. 3, Discussion and action related to town
garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015)
(3-March 8,2016)(4-June 14,2016)(5-September 13,2016)
Mayor Sanders noted that this item was dealt with through Item No. 13 and requested to remove Item No.3 from
the Town Council Future Agenda Items list: Discussion and action related to town garage/special/estate/moving
sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) (5-
September 13, 2016)
No action was taken on this item.
20. Discussion of Town Council Future Agenda Item No. 4, Establish a reserve policy for Trophy Club Park.
(Sanders 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016)
(5-September 13,2016)
Town Manager Seidel presented the item and stated that Staff provided the Fund Balance Policy for working
capital and proprietary funds.
Council Member Shoffner commented that his goal was to have a reserve fund for Trophy Club Park for future
flooding events without having to utilize Town funds. He recognized that it would take an extended period of time
to accomplish.
Town Manager Seidel advised that an issue was the Park's ability to generate enough revenue to create that type
of reserve because their biggest revenue generator was motocross.
Council Member Rowe noted that his long term goal was to slowly establish enough reserve for the next flooding
event to where it would not affect the Town for such a long duration.
Town Manager Seidel stated that Staff has examined extending the corporate limits to the lake to possibly be able
to generate sales tax through concession stands and other options.
Discussion took place that Federal Emergency Management Agency grant funds were available and that the Town
would precede with an RFP for debris removal,which would be considered by the Council in September 2016.
Town Council Minutes August 9,2016 Page 11 of 14
No action was taken on this item.
21. Discuss and receive update regarding Fiscal Year 2017 Budget; and Town Council to provide direction to
Town Staff as related to Budget(Staff).
Mayor Sanders noted that on page 16 of the proposed Budget, the Fire Chief's Vehicle replacement vehicle was
inadvertently listed twice.
Council Member Shoffner inquired if the Town was paying the full amount for the Fire Chief's vehicle replacement.
Town Manager Seidel advised that the Town would pay the full amount and stated that it would come out of
Equipment Replacement.
Council discussed the possibility of lowering the tax rate by $0.004 which would essentially reduce the Fund
Balance by approximately$64,000.
Council Member Shoffner mentioned that property taxes have increased for residents and he felt there should be
a slight reduction in the tax rate for the benefit of the residents.
Town Manager Seidel advised that tax ceilings were rising and he cautioned that the Texas Legislature was
reviewing tax caps at the beginning of January 2017 Legislative Session, which could create hardship on the Town
to make changes in the future if needed. He noted that setting the tax rate at $0.48 per $100 valuation would
impact the fund balance by$350,000 over a five(5)year period.
Conversation ensued that the largest portion of the budget was for Capital Improvement Projects.
Mayor Sanders was in favor of reducing the tax rate and allowing the Town Manager to provide his
recommendations to accomplish that. Additionally, he requested that scenarios be presented at the next Council
meeting if a reduction was made to the Interest&Sinking rate.
No action was taken on this item.
22. Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2017 Ad
Valorem Tax Rate and to schedule two public hearings to meet Truth in Taxation requirements and/or as
required by the Charter and related matters(Staff).
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to set the tax rate not-to-exceed
Fiscal Year 2017 Ad Valorem Tax Rate of$0.48 per$100 valuation and set the public hearing dates for August 23,
2016 and September 13,2016.
Roll call vote:
Mayor C. Nick Sanders Yea
Mayor Pro Tern Greg Lamont Yea
Council Member Jim Parrow Yea
Council Member Garrett Reed Yea
Council Member Rhylan Rowe Yea
Council Member Tim Kurtz Yea
Council Member Philip Shoffner Yea
Motion carried.
Town Council Minutes August 9,2016 Page 12 of 14
23. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular
Session Council Agenda for August 23, 2016 and items from the Town Council Future Agenda Items list,to
include discussion of the below items:
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.5-Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title
for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9,2016) (2-May 10,
2016) (3-August 9,2016)
Mayor Sanders advised that several items have taken precedence and that this item can remain on the list until the
applicable time to deal with it.
B) Item No. 6 - Discussion and consideration of laws related to texting while driving inside the Town.
(Reed 1/26/2016) (1-April 26,2016) (2-August 9,2016)
Council Member Reed requested to remove Item No.6 from the Town Council Future Agenda Items list: Discussion
and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016)
(2-August 9,2016)
Mayor Sanders requested to remove the following items from the Town Council Future Agenda Items list:
• Item No. 1 - Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10,
2015) (3-May 12, 2015)(4-August 11,2015)(5-December 8, 2015)(6-March 8,2016)(7-June 14,2016) (8-
September 13,2016);
• Item No.4 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-
December 8,2015)(3-March 8,2016)(4-June 14,2016)(5-September 13,2016);and
• Item No. 8 -Explore regulations and guidelines to allow for golf cart use and parking in Town parks.
(Shoffner and Reed 3/8/2016) (1-June 14,2016)(2-September 13,2016)
EXECUTIVE SESSION
24. 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 551.072 Deliberations regarding Real Property to deliberate the purchase, exchange, lease, or
value of real property if deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person:
Trophy Club Fire Station
B. Section 551.074 Personnel Matters to discuss or deliberate the appointment,employment,evaluation,
reassignment,duties,discipline or dismissal of a public officer or employee:
Trophy Club Fire and EMS Personnel
C. Section 551.087 Deliberations regarding Economic Development Negotiations to discuss or deliberate
the offer of financial or other incentives to a business prospect that the Town seeks to have locate
within the territory of the Town:
Potential Projects and Incentives
Town Council Minutes August 9,2016 Page 13 of 14
CONVENED INTO EXECUTIVE SESSION-START TIME—12:43 A.M.
RECONVENED INTO REGULAR SESSION-START TIME—1:03 A.M.
25. Consider and take appropriate action regarding the Executive Session.
Town Manager Seidel provided an update regarding Old Town Development(OTD) that would consist of three(3)
restaurants that would be unique to the area. He advised that the Town was proposing to provide the Tax
Incremental Reinvestment Zone (TIRZ) No. 1 with $300,000 that would help secure the development for OTD and
change the terms for repayment by the TIRZ No. 1.
Agenda Item 24(C)Motion:
Motion made by Council Member Rowe,seconded by Mayor Pro Tem Lamont,to approve the Amendment to Town
and TIRZ portions of the Agreement with OTD TC, LLC and OTD TC2, LLC; and authorizing the Mayor or his designee
to execute all necessary documents.
Mayor Sanders commented that the amendment to the terms for repayment was related to how the TIRZ No. 1
would pay the Town back at a higher percentage rate and over a shorter period of time.
The vote was taken.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow,seconded by Council Member Kurtz,to adjourn the meeting at 1:10 a.m.
Motion passed unanimously.
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Holly Fimb es, own Secretary/R � „�. C C. Nick Sanders, Mayor
Town of Trophy Club,Texas t tri Town of Trophy Club,Texas
Town Council Minutes August 9,2016 Page 14 of 14