Minutes TC 08/08/2017 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,AUGUST 8,2017,7:00 P.M.
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
SVORE MUNICIPAL BUILDING BOARDROOM
The Town Council of the Town of Trophy Club,Texas, met in a Regular Session on Tuesday, August 8, 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
Rhylan Rowe Mayor Pro Tern,Place 3
Alicia Fleury Council Member,Place 1
Eric Jensen Council Member,Place 2
Tim Kurtz Council Member,Place 4
Greg Lamont Council Member,Place 5
Philip Shoffner Council Member,Place 6
STAFF PRESENT:
Torn Class Town Manager Todd Mauthe Police Sergeant
David Dodd Town Attorney Kristin McIntire Administrative Assistant
Holly Fimbres Town Secretary/RMO Lisa Payne Town Planner
Nathan Blase Recreation Superintendent Mike Pastor Information Technology Manager
Paul Brandon Parks Superintendent Julie Smestad Administrative Assistant II
Wade Carroll Fire Chief Roseann Sears Police Officer
April Duvall Chief Financial Analyst Tracey Shields Police Lieutenant
James Edwards Human Resources Manager Joseph Sustarich Police Officer
Bryan Glueck Police Sergeant Tommy Uzee Director of Community Development
Tony Jaramillo Director of Parks and Recreation John Zagurski Budget Manager
Amber Karkauskas Director of Finance
Mayor Sanders announced the date of Tuesday,August 8,2017,called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Reverend Edlen Cowley with Fellowship United Methodist Church.
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.
Dennis Sheridan, 1 Hillcrest Court,thanked the Council for the progress made at the Veterans Memorial site. He
requested that the Council consider the following items on a future agenda: blank bricks and pieces of flagstone;
establishing guidelines for Veteran appropriate engraving content;task the Town Manager to manage the process;
and charge a reasonable fee to allow residents to purchase an engraved brick or piece of flagstone that would be
revenue neutral.
(Town Secretary Note:Chuck Lanza spoke during Citizen Presentations but requested that his comments be part of
the public hearing portion of Agenda Item No.14—Case PD-AMD-17-003)
Megan Keohen, 68 Panorama Circle, stated that she had attempted to pull a permit for an electric drive gate,
which would be an improvement for their home. According to the Town's Code of Ordinances,they were required
to have a self-latching gate because they have a pool in their backyard. They had intended to remove their existing
iron fencing with the self-latching gate and replace it with an electric drive gate, but the automatic drive gate does
not meet the Town's requirements as a latching mechanism. She requested that the Council review the Town's
Code of Ordinances to possibly mirror the City of Southlake's Pool Construction Guidelines for automatic vehicle
entry gate to act as a pool barrier component.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update regarding the following,discussion and provide input regarding same
(Staff):
• Introduction of newly hired Staff — Human Resources Manager Edwards; Administrative Assistant
McIntire; Parks Superintendent Brandon; Recreation Superintendent Blase; Police Officer Sustarich;
Administrative Assistant II Smestad;and Director of Community Development Uzee.
• Pool Memberships — 711 family memberships issued; 156 individual memberships issued; and over
10,000 entries into the pool.
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 July 11,
2017(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2017
(Staff).
4. Consider and take appropriate action regarding the financial and variance report dated June 2017(Staff).
5. Consider and take appropriate action regarding an Amendment to the Interlocal Agreement between the
Town and Northwest Independent School District for School Resource Officer services for Fiscal Year
2017-2018;and authorizing the Mayor or his designee to execute all necessary documents(Staff).
6. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments
to financial institution documents naming authorized Town representatives on TexSTAR Short Term Asset
Reserve Fund signature accounts;and providing an effective date(Staff).
7. Consider and take appropriate action regarding an Engagement Letter between the Town and
BrooksWatson & Co. for Professional Auditing Services for the Town; and authorizing the Mayor or his
designee to execute all necessary documents(Staff).
Mayor Sanders requested to remove Agenda Item No.4 from the Consent Agenda.
Motion made by Council Member Jensen,seconded by Council Member Kurtz,to approve Consent Agenda Items 2
and 3 and Consent Agenda Items 5 through 7.
Motion passed unanimously 7-0-0.
Town Council Minutes August 8,2017 Page 2 of 11
REGULAR SESSION
4. Consider and take appropriate action regarding the financial and variance report dated June 2017(Staff).
Mayor Sanders advised that he removed this item from the Consent Agenda per the request of the Director of
Finance in order to correct an error that was discovered after the agenda packet had been posted. He stated that
the corrected report would be considered at the August 22,2017 Council meeting.
No action was taken on this item.
PUBLIC HEARING
8. Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District(CCPD)Budget for
Fiscal Year 2017-2018 submitted to the Town Council by the CCPD Board(Staff).
Mayor Sanders convened into a Public Hearing at 7:15 p.m.
There were no individuals present that wished to speak regarding the item.
Mayor Sanders reconvened into Regular Session at 7:16 p.m.
REGULAR SESSION
9. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing September
2017 as Blood Cancer Awareness Month in Trophy Club;and providing an effective date(Mayor Sanders).
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Fleury, to approve Proclamation No. 2017-
07, recognizing September 2017 as Blood Cancer Awareness Month in Trophy Club;and providing an effective date
of August 8,2017.
Motion passed unanimously 7-0-0.
10. Consider and take appropriate action regarding the award of the Depository Bank Services Request for
Applications(RFA);and authorizing the Mayor or his designee to execute all necessary documents(Staff).
Emily Upshaw, Registered Investment Adviser with Valley View Consulting, LLC,presented their Primary Depository
Bank Services Analysis consisting of the following: RFA Procedure and Criteria; Fee Analysis and Additional
Considerations; and Other Considerations. Additionally, she advised that their recommendation was to award the
Depository Bank Services RFA to Wells Fargo Bank.
Motion:
Motion made by Mayor Pro Tern Rowe, seconded by Council Member Jensen, to award the Depository Bank
Services RFA to Wells Fargo Bank;and authorize the Mayor or his designee to execute all necessary documents.
Motion passed unanimously 7-0-0.
11. Receive a presentation from Valley View Consulting regarding Investment Analysis Services for Fiscal Year
2017-2018 Budget General Fund(Staff).
Ms. Upshaw advised that they were providing Investment Analysis Services for approximately six months, at no
additional cost up to the billed amount for the Bank Services RFA, to the Town as a benefit with the services that
they provided for Banking Services Consulting. She provided the Investment Advisory Services presentation that
included the following: Background and Experience; Investment Advisory Practice;Town of Trophy Club Approach;
Example Portfolio;Strategy Execution;Summary;and Representatives.
No action was taken on this item.
Town Council Minutes August 8,2017 Page 3 of 11
12. Case PD-AMD-17-002(7-Eleven Signage)
A) Conduct a Public Hearing regarding a request to amend Exhibit C of Ordinance No. 2016-02 P&Z,
Planned Development District No. 13,generally located on the northwest corner of SH 114 and Trophy
Club Drive(Staff).
Mayor Sanders convened into a Public Hearing at 7:31 p.m.
Jacob Capetillo, Permit Manager with Barnett Signs, advised that they were seeking to amend Planned
Development(PD) No. 13 to increase the size of the 7-Eleven monument sign.
Mayor Sanders reconvened into Regular Session at 7:33 p.m.
B) Consider and take appropriate action regarding a request to amend Exhibit C of Ordinance No.2016-02
P&Z, PD Planned Development District No. 13, generally located on the northwest corner of State
Highway 114 and Trophy Club Drive(Staff).
Mr. Capetillo stated that they would like to increase the visibility of the 7-Eleven location due to a masonry wall
and trees interfering with their signage. Additionally, they were requesting to install light-emitting diode (LED)
signage for gasoline prices.
Victor Reese,with 7-Eleven,was present to address any questions.
Town Planner Payne advised that the applicant was requesting to increase the height of the monument sign,which
was currently four(4) feet tall, but was on top of a post with concrete foundation on a berm, giving it an overall
height of six(6)feet. The 7-Eleven monument sign was proposed to be encased in masonry, have an LED display
for the price of gasoline, and stand taller than allowed in an attempt to be seen over a decorative wall near the
entrance. In addition, the applicant would like to install the 7-Eleven logos on the canopies that would be
illuminated, but the striping would remain un-illuminated. The logo signage over the door would be updated and
the applicant was proposing to add signage to the car wash building. She noted that there was an insurance
company in the suite next to the 7-Eleven convenience store;therefore she added language that any business that
occupied the other suite in the convenience store building was entitled to wall signage. Due to advances in
technology, Staff proposed to update the ordinance to allow for internally illuminated signage. Additionally, the
Planning and Zoning(P&Z)Commission approved the request by a vote of 6-1 at their July 6,2017 meeting.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Fleury, to approve Ordinance No. 2017-16
P&Z, amending Exhibit C of Ordinance No. 2016-02 P&Z, PD District No. 13, generally located on the northwest
corner of State Highway 114 and Trophy Club Drive.
Council Member Shoffner inquired about the height and length of the current monument sign. Town Planner
Payne responded that the sign was four(4)feet tall,but from the top of the sign to the ground level of the parking
lot totaled six (6) feet in height, and the proposed sign would be approximately eight (8) feet in height. The
current length of the sign was fifteen(15)feet and the proposed sign would be twelve(12)feet.
The vote was taken.
Motion passed unanimously 7-0-0.
13. Case SP-AMD-17-001(Wonderland Plaza)
Discussion and recommendation regarding a request to amend the approved Site Plan for Wonderland
Plaza,generally located south of Bobcat Boulevard and approximately 460 feet west of Trophy Club Drive
(Staff).
Town Planner Payne stated that Wonderland Plaza was requesting to amend their site plan and landscape plan,as
well as to add a fencing plan,canopy plan,and patio plans. The applicant proposed the following amendments:
Town Council Minutes August 8,2017 Page 4 of 11
1. Allow artificial turf in the play area to the south of the Montessori building.
2. Allow three canopies of varying sizes to be constructed inside the play area to provide shade.
3. Allow 4'tall black,decorative metal fencing internal to the 6'tall black,decorative metal perimeter fence
of the play area to separate age groups.
4. Allow a miniature golf area in the most southern point of the play area.
5. Allow a basketball court in the east side of the play area surrounded by a 10'tall,black,vinyl coated chain
link fence.
6. Allow a 6'tall black,decorative metal fence along the eastern property line,which stops short of the front
of the building,for outdoor classroom space.
7. Allow removal of shrubs with proximity to the play area.
8. Allow six Windmill Palms, in excess of the required trees, in the large landscape island adjacent to the
entrance of the Montessori.
9. Allow the removal of the two fountains originally planned to be near the entrances of both buildings.
10. Allow the addition of a patio for seating on the east side of the retail building that is surrounded by a 4'
tall black,decorative metal fence and covered by a 13'tall+/-,openair cedar pergola.
11. Allow the addition of standing seam metal awnings on the retail building.
Additionally, the P&Z Commission considered this request at their July 6, 2017 meeting. Some of their concerns
included the size of the canopies, the decrease in organic landscaping due to proposed artificial turf, the height,
type, and necessity of fencing, and the color and material of the awnings.Three motions for approval were made
before the vote was found in favor of the motion, with a vote of 5-2. The recommendation of approval was
subject to the awnings on the retail building being bronze and not allowing chain link fencing on the property, as
proposed around the basketball court.
Dennis Sheridan,Chairman of the P&Z Commission,advised that if chain link fencing was denied then Wonderland
Plaza would be allowed to use wrought iron.
Council Member Jensen inquired what type of fencing was installed around the courts or football fields at the
schools. Mr.Sheridan stated that Byron Nelson High School had vinyl coated chain link fencing.
Council Member Kurtz asked what the purpose was for the removal of the fountain. Steven Homeyer, President
with Homeyer Engineering, Inc., responded that from his understanding, the owner was possibly requesting
removal of the fountain for accessibility purposes.
Council Member Shoffner believed that the reason that the Council had previously requested that the flashers be
installed was due to a crosswalk being shown on the plans.
Town Attorney Dodd advised that a stipulation could not be required of the property owner to install an item that
was not on their property. He added that any items that were included with the applicant's proposed
amendments would have to be removed if they were not approved by Council.
Council Member Jensen pointed out that Note No.7 on the Site Plan drawing stated that"Flashing beacons for the
crosswalk shall be installed per City Standards and specifications design by others."
Mr. Homeyer remarked that he was present for the January 13, 2015 Council meeting when the crosswalk flashers
were approved. They had objected to the installation of the flashers, but they either had to agree to install them
or have their request denied. He believed that they had attempted to install the flashers prior to the school year
starting, but he was unaware of the reason why they were not installed. He noted that they believed it was the
responsibility of Byron Nelson High School to install the flashers since they were the predominant user.
Motion:
Motion made by Council Member Jensen, seconded by Mayor Pro Tern Rowe,to approve Case SP-AMD-17-001, a
request to amend the approved Site Plan for Wonderland Plaza, generally located south of Bobcat Boulevard and
approximately 460 feet west of Trophy Club Drive,as presented with the following amendments:
1. Allow artificial turf in the play area to the south of the Montessori building.
Town Council Minutes August 8,2017 Page 5 of 11
2. Allow three canopies of varying sizes to be constructed inside the play area to provide shade.
3. Allow 4'tall black,decorative metal fencing internal to the 6'tall black,decorative metal perimeter fence
of the play area to separate age groups.
4. Allow a miniature golf area in the most southern point of the play area.
5. Allow a basketball court in the east side of the play area surrounded by a 10'tall,black,vinyl coated chain
link fence.
6. Allow a 6'tall black,decorative metal fence along the eastern property line,which stops short of the front
of the building,for outdoor classroom space.
7. Allow removal of shrubs with proximity to the play area.
8. Allow six Windmill Palms,in excess of the required trees,in the large landscape island adjacent to the
entrance of the Montessori.
9. Allow the removal of the two fountains originally planned to be near the entrances of both buildings.
10. Allow the addition of a patio for seating on the east side of the retail building that is surrounded by a 4'
tall black,decorative metal fence and covered by a 13'tall+/-,openair cedar pergola.
11. Allow the addition of standing seam metal awnings on the retail building.
Discussion took place that Wonderland Plaza was already issued their certificate of occupancy because they met
the specifications for their building plans. Additional conversation ensued about the issue that the flashers were
never installed even though it had been previously requested.
The vote was taken.
Motion failed for lack of majority 3-4-0 with Mayor Pro Tem Rowe and Council Members Jensen and Lamont
voting for,and Mayor Sanders and Council Members Fleury,Kurtz,and Shoffner voting against.
Town Attorney Dodd advised that the request to amend the approved Site Plan for Wonderland Plaza had been
denied;therefore they were required to build according to their previously approved Site Plan.
Mr.Sheridan recommended that the Council consider each proposed amendment individually.
Town Planner Payne noted that the applicant had requested the artificial turf in the play area to the south of the
Montessori building due to certain criteria needed for cushion around playground equipment.
OT, with Wonderland Plaza, commented that the artificial turf in the play area allowed for a quarter inch padding
to protect a child from a head injury due to a fall from the playground equipment.
Discussion ensued that with denial of the request, the owner would not be allowed to install the canopies, they
would have to install the fountain, and the chain link fencing would have to be removed and replaced with
wrought iron fencing. They would also have to tear out the concrete basketball court and replace it with sod.
Council Member Fleury commented that it would be for the safety and benefit of the Wonderland Plaza students
to follow the previous plan and install the flashers.
14. Case PD-AMD-17-003(Holiday Inn Screening)
A) Conduct a Public Hearing regarding a request to amend Ordinance No. 2016-28 P&Z, PD Planned
Development District No. 25, to amend the Elevations, and add Screening Plans and Signage Plans for
Holiday Inn on Lot 3R3 of Trophy Wood Business Center,generally located on the northwest corner of
Plaza Drive and East T.W.King Road(Staff).
Mayor Sanders convened into a Public Hearing at 8:22 p.m.
Chuck Lanza, 119 Inverness Drive, requested that the Council consider the screening issue at the Holiday Inn and
be mindful of safety measures that should be implemented. He requested that any new developments be
required to have video surveillance in the parking lot to offer the highest level of safety for Town residents.
Town Council Minutes August 8,2017 Page 6 of 11
Council Member Kurtz commented that the new Town Hall and Police Department would soon be opening and
that would hopefully increase safety measures in that area.
Mayor Sanders reconvened into Regular Session at 8:27 p.m.
B) Consider and take appropriate action regarding a request to amend Ordinance No. 2016-28 P&2, PD
Planned Development District No. 25, to amend the Elevations, and add Screening Plans and Signage
Plans for Holiday Inn on Lot 3R3 of Trophy Wood Business Center,generally located on the northwest
corner of Plaza Drive and East T.W.King Road(Staff).
Town Planner Payne advised that the new restaurant, Magnolia Bar&Grill, would be run by Holiday Inn and was
replacing The Crooked Pint. Exhaust ducts and fans coming from the restaurant's kitchen were installed on top of
the canopy,which covers outdoor dining for the restaurant, stretching from the hotel exterior wall to the edge of
the canopy. These ducts were not shown to extend from the wall on the approved plans, but Code required
commercial exhaust fans to be at least ten (10)feet away from any wall, due to the extreme heat being emitted
and the likelihood of combustion. The applicant was proposing grey powder coated metal louvers that would be
slanted upwards for screening and would be approximately forty-five(45)feet across and five(5)feet and ten (10)
inches tall to cover the exhaust ducts and fans. The Magnolia Bar& Grill signage would be black channel letters
that appear white when illuminated, and this signage would be installed on the screen. The P&Z Commission
considered this request on July 6, 2017 and recommended approval as presented with a vote of 4-3, including the
signage revision from"Restaurant"to"Grill". Topics discussed by the P&Z Commission were related to the color of
vents,durability of product, restaurant signage change, and restaurant signage location. In addition,the architect
provided revised drawings with the sign reading"Magnolia Bar&Grill",rather than "Magnolia Bar&Restaurant".
Donovan Morrow, Project Superintendent, 1017 Randy Road, Cedar Hill, respectfully requested that the item be
considered for approval.
Council Member Shoffner inquired if the proposed sign was to assist with screening of the exhaust ducts and fans.
Town Planner Payne responded that the louvers would act as the screening mechanism and the sign would present
the screen as an architecture feature.
Council Member Shoffner pointed out that this represented the third proposed restaurant concept. He inquired
what the original concept was for the hood ventilation when it was first approved in 2014. Town Planner Payne
believed that the original plan displayed that the exhaust fan would be against the building.
Council Member Shoffner stated that on December 3, 2015 the owner revised the plans to add the kitchen,which
included the addition of a second grease hood. The original submittal was for one grease hood and one steam
hood. He inquired if those items would have been visible. Director of Community Development Uzee responded
that the original building plans identified that the hoods would have been visible. The applicant agreed at the
2013 P&Z Commission meeting that the vent would come out of the west side of the building, but the Building
Inspections Staff were unaware of that aspect.
Mr.Sheridan remarked that the reason that the restaurant sign needed to be determined was because every time
the restaurant changed names it would have to be approved. Additionally, he explained that the building plan
displayed a vent coming out the front of the building with a little square symbol. He commented that it was not
unusual for plans to note that the mechanical contractor shall design to satisfy Code. The original plans were
confusing as to whether or not there would be a canopy installed.
Council Member Shoffner pointed out that it was clearly represented to the P&Z Commission and the Council that
the ventilation would go out to the west of the building and it was also represented that there would be additional
landscaping to shield the vents coming out of the west. He inquired if what was currently represented on the
plans were the same size as what the Council would have seen without the extension. Director of Community
Development Uzee responded that the information would be on the detail sheets and would be the same size.
Town Council Minutes August 8,2017 Page 7 of 11
Council Member Shoffner commented that at the July 12, 2016 Council meeting, they were not shown any vents
when the applicant requested to amend the site plan. He was frustrated because the applicant misrepresented
what was presented on the renderings.
Mr. Morrow commented that the vents would not be visible,even without the signage, because the louvers would
be the screening mechanism.
Mayor Pro Tem Rowe commented that the mechanical elements should have been shown on the elevation
drawings because they were proposed to be on the exterior and zoning requirements require roof mounted
mechanical equipment to be screened.
Council Member Kurtz inquired who would be managing the Magnolia Bar&Grill. Town Planner Payne stated that
it would be managed by the franchise Holiday Inn.
Main Motion:
Main Motion made by Council Member Shoffner,seconded by Council Member Kurtz,to approve the metal louver
screening on the canopy without the Magnolia Bar&Grill signage.
Discussion took place about the proposed signage and PD 25 requirements for name changes.
Council Member Shoffner stated that the Council previously approved the sign to be located on the canopy below
the louvers.
Mayor Pro Tem Rowe remarked that if the screening was not approved then the mechanical equipment would be
in violation.Then it would need to be remediated by the property owner and be required to go back to the proper
design and have scrubbers on the side of the building facing west.
Mr. Sheridan explained that he visited the site with Staff members from Community Development and the Fire
Department and he was convinced that it was not feasible to go to the west because there was a stairwell to the
immediate west of the kitchen and the stairwell could not be pierced. Behind the stairwell was the fire stand pipe
room,which could not be pierced either. Since the grease trap emits heat,it would not be feasible to run the pipe
to the rear of the facility given the needed length and having to be at a downward slope.
Council Member Kurtz was concerned that Council was previously assured that the last restaurant concept would
have been managed by representatives from The Crooked Pint,which was being changed again.
Motion to Amend:
Motion to Amend made by Council Member Jensen, seconded by Council Member Lamont, to require the
Magnolia Bar&Grill signage to be located on the metal louver screening.
Council Member Shoffner commented that the reason he left the sign portion off the main motion was because he
believed that eventually the restaurant concept would change hands again, causing the Magnolia Bar & Grill
signage to be removed from the screening. The current approved signage would be lower to the ground and
easier to remove. Additionally, he stated that there were few hotel/restaurant facilities that had the restaurant's
name on the hotel.
Mayor Sanders called the question on the Motion to Amend.
The vote for the Motion to Amend was taken,to require the Magnolia Bar& Grill signage to be located on the
metal louver screening.
Motion to Amend carried 5-2-0 with Mayor Sanders, Mayor Pro Tem Rowe, and Council Members Fleury,
Jensen,and Lamont voting for,and Council Members Kurtz and Shoffner voting against.
The vote for the Main Motion as Amended was taken,to approve the metal louver screening on the canopy and
to require the Magnolia Bar&Grill signage to be located on the metal louver screening.
Town Council Minutes August 8,2017 Page 8 of 11
Main Motion as Amended carried 4-3-0 with Mayor Sanders and Council Members Fleury,Jensen,and Lamont
voting for,and Mayor Pro Tern Rowe and Council Members Kurtz and Shoffner voting against.
RECESSED AT 9:02 P.M.FOR A BREAK
RECONVENED AT 9:11 P.M.INTO REGULAR SESSION
15. Case O-AMD-17-001(Tree Houses)
Consider and take appropriate action regarding a request to amend Section 14.02.052, "General
Definitions",of Division 2,entitled "Definitions"of Article 14.02 entitled"Zoning Ordinance"of Chapter 14
entitled, "Zoning" of the Town of Trophy Club Code of Ordinances to revise the "Children's playhouse"
definition;and Amend Subsection(1)(A)(v)(c)of Section 14.02.253 entitled"Accessory Structures and Uses"
of Division 5,entitled "Supplementary District Regulations"of Article 14.02 entitled "Zoning Ordinance"of
Chapter 14 entitled,"Zoning"of the Town of Trophy Club Code of Ordinances;and Repeal Subsection(3)(A)
of Section 14.02.253 entitled"Accessory Structures and Uses"of Division 5,entitled"Supplementary District
Regulations" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled, "Zoning"to remove tree
houses from the prohibited structures list(Staff).
Town Planner Payne stated that the proposed ordinance revised the definition of"Children's playhouse"to include
tree houses within the playhouse meaning and to remove tree houses from the prohibited list. The P&Z
Commission considered this request on July 6, 2017 and recommended approval with a vote of 4-3. Discussion
included questioning the need to amend the Code of Ordinances and consideration of removing the descriptive
"tree"from the Code.
Main Motion:
Main Motion made by Mayor Pro Tem Rowe, seconded by Council Member Shoffner, to approve Ordinance No.
2017-18 P&Z, amending Section 14.02.052, "General Definitions", of Division 2, entitled "Definitions" of Article
14.02 entitled "Zoning Ordinance"of Chapter 14 entitled,"Zoning"of the Town of Trophy Club Code of Ordinances
to revise the "Children's playhouse" definition; and repeal Subsection (3)(A) of Section 14.02.253 entitled •
"Accessory Structures and Uses" of Division 5, entitled "Supplementary District Regulations" of Article 14.02
entitled "Zoning Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of Ordinances to
remove tree houses from the prohibited structures list.
Council Member Jensen was not in support of having tree houses in the air because he believed that was a
violation of privacy for the adjoining neighbors.
Council Member Lamont agreed and commented that the majority of the Town had homeowner associations that
prohibited tree houses.
Council Member Shoffner pointed out that a children's playhouse could be built up to twenty(20) feet in height,
which would be the same height restriction for a tree house. He inquired if water or electricity could be supplied
to children's playhouses, because he initially desired to add language to prohibit the supply of water or electricity.
Town Planner Payne explained that access to water or electricity was not permitted, and that was covered in the
definition with the langue prohibiting.
Conversation took place that twenty (20) feet in height may be excessive for a children's playhouse and tree
house.
Motion to Amend:
Motion to Amend made by Council Member Shoffner, seconded by Mayor Pro Tern Rowe, that children's
playhouses and tree houses shall not exceed fifteen (15)feet in height at the highest point.
Motion to Amend passed unanimously 7-0-0.
The vote for the Main Motion as Amended was taken,to approve Ordinance No. 2017-18 P&Z, amending Section
14.02.052, "General Definitions", of Division 2, entitled "Definitions" of Article 14.02 entitled "Zoning Ordinance"
of Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of Ordinances to revise the "Children's
Town Council Minutes August 8,2017 Page 9 of 11
playhouse" definition; and repeal Subsection (3)(A) of Section 14.02.253 entitled "Accessory Structures and Uses"
of Division 5,entitled "Supplementary District Regulations"of Article 14.02 entitled "Zoning Ordinance"of Chapter
14 entitled, "Zoning" of the Town of Trophy Club Code of Ordinances to remove tree houses from the prohibited
structures list;and children's playhouses and tree houses shall not exceed fifteen (15)feet in height at the highest
point.
Main Motion as Amended carried 6-1-0 with Mayor Sanders, Mayor Pro Tern Rowe, and Council Members
Fleury,Jensen,Kurtz and Shoffner voting for,and Council Member Lamont voting against.
16. Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2018 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 Tern Rowe, seconded by Council Member Lamont, to set the tax rate not-to-exceed
Fiscal Year 2018 Ad Valorem Tax Rate of$0.468 per$100 valuation and set the public hearing dates for August 22,
2017 and September 12,2017.
Discussion took place that property appraisal values continually increase and the Council wanted to reduce as
much burden on the residents as possible.
Mayor Sanders advised that at a rate of$0.468 there would be funding for the ambulance replacement but the
supplemental item for the Lakes Trail Reconstruction would not be included.
Council Member Shoffner believed that Staff could possibly perform the trail reconstruction in-house.
Roll call vote:
Mayor C. Nick Sanders Yea
Mayor Pro Tem Rhylan Rowe Yea
Council Member Alicia Fleury Yea
Council Member Eric Jensen Yea
Council Member Tim Kurtz Yea
Council Member Greg Lamont Yea
Council Member Philip Shoffner Yea
Motion carried 7-0-0.
17. Discussion of items for Future Agendas to include agenda items for consideration on the August 22, 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.
Council Member Shoffner requested that Staff ensure that the Texas Commission on Environmental Quality be
notified of the scheduled Trophy Club Community Clean-Up events, regarding the Interlocal Agreement with the
City of Fort Worth to participate with their House Hazardous Waste Program that would be presented at the
August 22,2017 Council meeting.
Mayor Sanders pointed out that on July 28,2017, he added the following item to the Town Council Future Agenda
Items list: Discussion of Right of Way controls as related to new legislation related to Small Cells.
Mayor Pro Tem Rowe requested to add the following item to the Town Council Future Agenda Items list: Review
the definition of allowable pool barriers.
Town Council Minutes August 8,2017 Page 10 of 11
EXECUTIVE SESSION
18. Pursuant to the following designated section 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 under Subsection (1) to discuss or deliberate the appointment,
employment,evaluation,reassignment,duties,discipline or dismissal of a public officer or employee:
Review of Town Manager(Town Council)
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 and Section 551.087
Deliberation 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:
North of Highway 114,east of Trophy Club Drive(Council Member Shoffner and Council Member Kurtz)
CONVENED INTO EXECUTIVE SESSION-START TIME—9:33 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—11:10 P.M.
RECONVENED INTO REGULAR SESSION
19. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Mayor Pro Tern Rowe, seconded by Council Member Kurtz,to adjourn the meeting at 11:11 p.m.
Motion passed unanimously 7-0-0.
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Town Council Minutes August 8,2017 Page 11 of 11