Minutes TC 02/20/2017 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday, February 20,2017 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, February 20, 2017.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
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:
Tom Class Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Amber KarkauskasInterim Finance Director
Sherri Lewis Communications and Events Manager
Mike Pastor Information Services Director
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Monday, February 20, 2017, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Town Secretary Fimbres.
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.
Dr. Ryder Warren, Superintendent with Northwest Independent School District, expressed the District's
appreciation for the service provided by the Town's first responders during the bomb threat at Byron Nelson High
School on January 30,2017.
Sean Dukes, 2715 Trophy Club Drive, conveyed his gratitude for the assistance provided by the Town's first
responders during the bomb threat at Byron Nelson High School.
Robert Hoch, 245 Oak Hill Drive, spoke to the Council regarding Standard Pacific, the Developer of the Isle of
Turnberry Development, removing a substantial number of trees in order to develop the property. He believed
that the fence line at the south and east boundary with the golf course should be thickly treed with good sized
replacements. This would extend the present small copse of trees abutting the southeastern edge of the
development to shield the garages of the new homes from the golf course and provide cover for existing wildlife.
The issue was discussed with Matt Beroth, Manager of the Country Club, and he was willing to allow trees to be
planted on Country Club property to be part of the remediation. Mr. Hoch was not in favor of allowing the
developer to accomplish the tree remediation by paying the Town. Additionally, he requested that occupancy
permits be denied for the Pacific Homes final properties until trees were planted in order to spur immediate
activity.
Chad Reithmeier, 2022 Churchill Downs Lane, introduced himself as a candidate for Council Member Place No. 1
on the upcoming May 6, 2017 General Election.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update regarding the following; discussion and provide input regarding same
(Staff).
• May 6,2017 General Election
• Police Recognition Program
• Town Hall Construction
Town Manager Class updated the Council and addressed questions;no action was taken on this item.
Council Member Shoffner inquired if a tour of the new Town Hall facility would be scheduled during the Council
Retreat on February 25, 2017. Town Manager Class confirmed that a tour was scheduled.
Council Member Kurtz asked if it was the Town's first time to receive the "Recognized Law Enforcement Agency"
award. Police Chief Arata confirmed that it was the Town's first time to receive the award and he stated that the
Town was the 139th out of 2,400 agencies in the State to be recognized. Additionally, he noted that the Police
Department was recognized by the Northeast Leadership Forum for their commitment to protect and serve the
community.
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 the Town Council Regular Session Minutes dated January
10,2017(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding the financial and variance report dated December 2016
(Staff).
4. Receive Annual Racial Profiling Report; discussion of same (Staff). (Town Secretary Note: Approved as
presented at the dais)
5. Consider and take appropriate action regarding an Ordinance amending subsection i, "Annual capital
improvement and maintenance charge," of Section A1.014, "Water and wastewater fees for Public
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Improvement District No. 1,"within Appendix A, "Fee Schedule," of the Trophy Club Code of Ordinances,to
adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing
an effective date(Staff).
6. Consider and take appropriate action regarding designating an Acting Town Manager in compliance with
Section 4.06,"Acting Town Manager,"of the Trophy Club Town Charter(Staff).
7. Consider and take appropriate action regarding amendments made to Case PD-AMD-16-053(PD-21 Window
Signage) at the January 24, 2017 Council meeting, a request to amend Exhibit C, Section B(7) Signs, of
Ordinance No. 2013-39 P&Z, PD Planned Development District No. 21, generally located on the northeast
corner of 51-1114 and Trophy Lake Drive(Council).
8. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town
and Denton County for administration of the May 6, 2017 Town General Election; and authorizing the
Mayor or his designee to execute all necessary documents(Staff).
9. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments
to financial institution documents naming authorized Town representatives on Texas Local Government
Investment Pools(TexPool)signature accounts; and providing an effective date(Staff).
10. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments
to financial institution documents naming authorized Town representatives on Lone Star Investment Pool
(Lone Star)signature accounts;and providing an effective date(Staff).
Council Member Shoffner requested to remove Agenda Item No. 6 from the Consent Agenda.
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Consent Agenda
Items 2 through 5 and Items 7 through 10.
Motion passed unanimously.
REGULAR SESSION
6. Consider and take appropriate action regarding designating an Acting Town Manager in compliance with
Section 4.06, "Acting Town Manager,"of the Trophy Club Town Charter(Staff).
Council Member Shoffner wanted to take the opportunity to thank Police Chief Arata for his exceptional service
that he provided while serving as the Acting Town Manager. He was grateful for his assistance providing a draft
agenda to the Council and for personally reaching out to the Council in order to address any questions.
Motion:
Motion made by Council Member Shoffner, seconded by Mayor Pro Tre Lamont, designating Police Chief Arata as
Acting Town Manager in compliance with Section 4.06, "Acting Town Manager,"of the Trophy Club Town Charter.
Motion passed unanimously.
11. Receive an update from the Stars and Stripes Committee regarding the July 4th Parade of Patriots and flag
planting(Staff).
Kelly Castonguay, representing the Stars and Stripes Committee, stated that they are preparing for another
successful parade and encouraged participants to use the user friendly application located on their Facebook page
https://www.facebook.com/TCStarsAndStripesi
Tiffany Nimphius, representing the Stars and Stripes Committee, advised that the flag process would remain the
same but minor changes to the routes would be made. She advised that last year several flags were lost due to
weather and that approximately one-third of the flags would need to be replaced. She noted that the Town was
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responsible for about 8,200 flags,which cover the main thoroughfares, and that approximately 30,000 flags would
be planted throughout Town. She announced that their upcoming hot dog social was to show appreciation to the
volunteers and that flags would be sold for$10 per bundle.
Council Member Shoffner inquired about the revenue source for the budgeted $5,000 within the hotel occupancy
tax (HOT) line item. Strategic Services Coordinator Zagurski responded that the source was from the Patriot 5K&
Fun Run.
Council Member Shoffner recommended that the Town partner with the Stars and Stripes Committee to provide
excess funds to offset their cost with the event since they provide the volunteers for the 5K race. Additionally, he
suggested reviewing the allocated HOT funds for ads within 360 West Magazine.
Council Member Reed noted for historical reasons that Dr.John Mathews donated$10,000 to the Stars and Stripes
Committee that bought the original flags.
Council Member Kurtz thanked the Committee for their service and assistance organizing the event.
No action was taken on this item.
12. Consider and take appropriate action regarding approval of the purchase of two vehicles(Staff).
Motion:
Motion made by Council Member Reed, seconded by Council Member Shoffner, to approve the purchase of two
vehicles.
Motion passed unanimously.
13. Discussion of and provide direction to Town Staff regarding tree houses(Town Council Future Agenda Item
No.4-Council Member Shoffner).
Council Member Shoffner advised that currently there are several tree houses built within the Town despite the
prohibition of tree houses that has been in effect since 1985. He was in favor of removing the prohibition and
establishing regulations for tree houses.
Jennifer Winmill, 7 Overhill Drive, was not in favor of permitting tree houses due to privacy reasons and site
visibility. She noted that a possible stipulation to allow a tree house was that the owner would have to receive the
neighbor's approval. She believed that only the older parts of Town would install tree houses because the newer
homes were regulated by homeowner associations.
Mayor Sanders commented that this item was to allow Council's direction to either enforce the current ordinance
prohibiting tree houses or to allow them with established regulations. Additionally, he inquired if existing tree
houses would be subject to any new required regulations. Town Attorney Dodd responded that they would be
subject to any new regulations because they are not currently a legal use.
Council Member Shoffner pointed out that children playhouses were allowed and that under subsection v, Height
requirements/screening requirements,alpha c, a playhouse shall not exceed one story in height and the maximum
height of one story could not exceed twenty feet(20'). He explained that an individual could have a playhouse on
stilts that was outside of a tree.
Mayor Pro Tem Lamont was in favor of leaving the current ordinance in place, enforcing it, and reviewing the
playhouse ordinance.
Council Member Rowe was in favor of protecting the rights of private property owners but saw the value of having
height restrictions for tree houses similar to play houses.
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Council Member Reed agreed with enforcing the current ordinance because allowing tree houses with regulations
would create additional enforcement.
Council Member Shoffner reviewed his proposed amendments to the ordinance, which included adding a
definition for tree houses,that no permanent electricity and/or water should be supplied to either a tree house or
playhouse, and that there be a maximum height of fifteen feet (15') for a tree house and play house. He added
that the Town was more of a retirement community when the prohibition of tree houses occurred in 1985.
Council Member Kurtz was in favor of allowing tree houses with a height restriction of fifteen feet(15')and having
a distance requirement from other homes.
Council Member Rowe was in favor of allowing tree houses with a height restriction of fifteen feet(15').
Mayor Sanders received consensus from the Council to modify the ordinance to cover tree houses and
playhouses with a height restriction of fifteen feet(15'),which would be presented to Council at a later date.
14. Discussion of and provide direction to Town Staff regarding a future budget amendment (Council Member
Shoffner and Mayor Sanders).
Town Manager Class advised that he would be proposing changes to the organizational structure and requested
that this agenda item be considered at the Council Retreat on February 25, 2017.
Motion to Refer:
Motion to Refer made by Council Member Shoffner, seconded by Council Member Reed, this agenda item to the
Council Retreat on February 25, 2017.
Motion passed unanimously.
15. Consider and take appropriate action regarding the March 2017 Town Council meetings (Council Member
Reed and Mayor Sanders).
Mayor Sanders stated that the scheduled March 14, 2017 Council meeting was during the week of Spring Break
and that some individuals may be out of town.
Council Member Rowe commented that it may be feasible to take action on this item at the Council Retreat in case
there were any time sensitive items that would need to be considered.
No action was taken on this item.
16. Discussion of items for Future Agendas to include agenda items for consideration on the March 14, 2017
Council agenda and items from the Town Council Future Agenda Items list(Staff).
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. 1. - 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) (4-November 8,2016)(5-February 14,2017)
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Mayor Sanders stated that a joint meeting could be scheduled in the future in order to allow the newly hired
TCMUD No. 1 General Manager to be apprised of the subject.
Council Member Shoffner recommended discussing this item at the Council Retreat because he had some
suggestions.
Mayor Sanders requested that Agenda Item No. 7 be placed on the March 14, 2017 Consent Agenda since it was a
routine item: Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar
year 2017.
Mayor Sanders requested to remove Item No. 4 from the Town Council Future Agenda Items list: Consider
repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner 7/12/2016) (1-October 11, 2016) (2-January
10, 2017) (3-April 11, 2017)
Mayor Pro Tem Lamont suggested that the pending entryway monumentation and medians item be addressed
prior to the May 6, 2017 General Election since Council Member Reed was instrumental in assisting with the
process.
EXECUTIVE SESSION
17. 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 551.087 Deliberations regarding Economic Development Negotiations under Subsection (2) 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:
1. Potential Joint Development Agreement
2. Possible Incentive Package
B) Section 551.072 Deliberation regarding Real Property to discuss or 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:
Possible Purchase or Sale of Real Estate
CONVENED INTO EXECUTIVE SESSION-START TIME—8:03 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:32 P.M.
RECONVENED INTO REGULAR SESSION
18. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Reed, seconded by Council Member Kurtz, to adjourn the meeting at 9:33 p.m.
Motion passed unanimously.
:;n" _
Holly Fimbres,T•wn Secretary,O C. Nick Sanders, Mayor
Town of Trophy Club,Texas : Town of Trophy Club,Texas
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