Minutes TC 10/24/2017 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,OCTOBER 24,2017,7:00 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, October 24, 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:
Patrick Arata Police Chief/Acting Town Manager Lisa Payne Town Planner
David Dodd Town Attorney Mike Pastor Information Technology Manager
Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative Services
Wade Carroll Fire Chief Tommy Uzee Director of Community Development
Tony Jaramillo Director of Parks and Recreation John Zagurski Budget Manager
Mayor Sanders announced the date of Tuesday, October 24, 2017, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Fire Chief Carroll.
The Pledges to the American Flag and Texas Flag were led by Council Member Lamont.
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. Receive the Town Manager update from Police Chief Patrick Arata regarding the following, discussion and
provide input regarding same(P.Arata):
• Town Hall Dedication — Scheduled for November 18th from 1:00 p.m. to 4:00 p.m., with the Ribbon
Cutting Ceremony at 1:30 p.m. Tours of the facility would be given by volunteers, and lite refreshments
and a small commemorative item would be provided.
• Fall Family CampOut—Scheduled for November 11th starting at 3:00 p.m. at Trophy Club Park. Various
activities would be available, such as Archery, Scavenger Hunt, Campfire, Wildlife Exhibit, and a Tent
Decorating Contest.
Council Member Jensen inquired if the Council Chambers would be completed by November 18th. Police
Chief/Acting Town Manager Arata responded that the contractor was scheduled to begin correcting the remaining
items on November 3rd and Staff anticipated that the Chambers would be completed prior to the Town Hall
Dedication.
2. Receive Town Council Liaison update;discussion of same(H. Fimbres):
*Parks and Recreation Board,October 16,2017
Council Liaison-Council Member Philip Shoffner
Council Member Shoffner advised that the Parks and Recreation Board primarily provided direction to Staff.
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 Town Council Regular Session Minutes dated September
26,2017(H. Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding the award of bid for Independence Park West Restroom
Renovations for the Town of Trophy Club; authorizing the Mayor or his designee to execute all necessary
documents(T.Jaramillo).
5. Case TUP-17-007(Beck Elementary Construction Trailer)
Consider and take appropriate action regarding a Resolution approving a request for a Temporary Use
Permit to allow a construction trailer at Beck Elementary School, generally located west of Parkview Drive
and south of Independence Park West(L.Payne).
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve the Consent Agenda
Items 3 through 5.
Motion passed unanimously 7-0-0.
REGULAR SESSION
6. Consider and take appropriate action regarding an Ordinance adopting a new Subsection 3109.4.1.7 entitled
"Gates"to be part of Section 3.03.052,Amendments, of Division 2, Building Code, of Article 3.03,Technical
and Construction Codes and Standards,of Chapter 3, Building Regulations,of the Town of Trophy Club Code
of Ordinances;and providing an effective date(Town Council).
Director of Community Development Uzee stated that this item was initiated by a citizen request to allow
automatic drive gates to be incorporated into the required barrier surrounding pools and protecting entry. Staff
researched alternative devices to be used to maintain the level of safety required, as well as, providing the options
to be available to homeowners that would enhance their properties. He advised that it was difficult to create
language for an acceptable locking device that could not possibly be reinterpreted differently by individuals;
therefore an exception was proposed to be added to the Town's Code of Ordinances: Automatic vehicular gates
incorporated into the pool barrier shall be so designed and installed to prevent unintended opening or access and
shall conform to the requirements set forth in UL325 and ASTM F2200.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Fleury, to approve Ordinance No. 2017-28,
adopting a new Subsection 3109.4.1.7 entitled "Gates" to be part of Section 3.03.052,Amendments, of Division 2,
Building Code, of Article 3.03,Technical and Construction Codes and Standards,of Chapter 3, Building Regulations,
of the Town of Trophy Club Code of Ordinances;and providing an effective date of October 24, 2017.
Motion passed unanimously 7-0-0.
Town Council Minutes October 24, 2017 Page 2 of 7
7. Town Council Future Agenda Item No.3-Consider and take appropriate action regarding land that:(A)The
Town owns for the possibility of residents to acquire the land; and (B) Is maintained by the Town but not
owned(Council Member Lamont and Council Member Shoffner).
Mayor Sanders discussed the maintenance of Eagles Ridge, located at the corner of Skyline and Ridgeview Lane.
The flower bed consists of various perennials,annuals,and a sprinkler system. Additionally, he inquired as to who
owned the eagle monument.
Director of Parks and Recreation Jaramillo responded that the eagle was owned by the property owner at 200
Ridge View Lane. The homeowner requested a letter from the Town if they were to begin maintaining the flower
bed and take ownership of the eagle (neighborhood monument), and requested to have a meeting with Staff to
discuss the transfer of irrigation lines and power that was currently being billed to the Town.
Mayor Sanders believed that the eagle was given to the Town between 2005 and 2009.
Mayor Pro Tern Rowe and Council Member Jensen commented that the eagle resided on the property located at
200 Ridge View Lane and therefore the eagle was owned by that property owner.
Mayor Pro Tem Rowe commented that if an issue were to arise in the future there could be consideration to move
the eagle to the adjacent parcel on Skyline Drive,which was owned by the Town.
Mayor Sanders advised that the Church at Trophy Lakes acknowledged ownership of the Right-of-Way(ROW)on
Village Trail and Trophy Lake Drive, approximately 6,000 square feet of turf area,and agreed to maintain the ROW.
Mayor Sanders stated that according to a Memorandum of Understanding between the Town and Medlin
Cemetery Association, the Town agreed to landscape and maintain the entrance of Medlin Cemetery in exchange
for fill dirt previously received. The Medlin Cemetery Association expressed an interest in potentially selling the
entire cemetery property to the Town.
Council Member Shoffner was not in favor of obtaining ownership of the entire cemetery especially since there
were headstones,which could create a hardship for maintaining the property.
Mayor Pro Tem Rowe commented that there was an agreement in place and he was in favor of continuing to
landscape and maintain the entrance of Medlin Cemetery.
Mayor Sanders received consensus from the Council not to pursue ownership of Medlin Cemetery and to
continue to landscape and maintain the entrance of Medlin Cemetery.
Council Member Shoffner remarked that the entrances to The Woods and Eagles Ridge had pristine maintenance
compared to other Town owned property. He recommended the possibility of xeriscaping the areas to decrease
the labor intensiveness in maintaining the property.
Mayor Sanders discussed the maintenance of Eagles Ridge located on Skyline Drive, approximately 12,000 square
feet of turf area with one flower bed consisting of various perennials and annuals.
Mayor Pro Tern Rowe pointed out that part of the area was dedicated as open space (around 1996 or 1997) and
Beck Properties was shown to be the owner. He recommended taking action to have the ownership of the land
transferred to the Town.
Council Member Kurtz suggested that Staff verify that the area was dedicated as open space and that the Town
had the ability to transfer the ownership.
Town Council Minutes October 24,2017 Page 3 of 7
Mayor Sanders discussed the maintenance of Fox Pointe located on Skyline Drive adjacent to Eagles Ridge,
approximately 5,000 square feet of turf area with one flower bed consisting of various annuals. No further action
was required because both properties and the median were owned by the Town and therefore the Town would
continue to maintain the properties.
Mayor Sanders discussed the maintenance of The Woods located at the intersection of Trophy Club Drive and
Michelle Court,approximately 8,000 square feet of turf area with two flower beds consisting of various perennials
and annuals.
Council Member Shoffner was not in favor of maintaining this area because the area was owned by each of the
residential property owners. He pointed out that the Town did not want to inherit that area because there could
eventually be issues with maintenance of the retaining wall.
Mayor Sanders advised that when he lived in that area it was explained to him that the water and electricity were
on separate meters and those affected homeowners would need to have their properties surveyed and then file
for a replat.
Council Member Shoffner had an issue with the Town spending taxpayer funds to maintain an area that was not
owned by the Town.
Council Member Kurtz commented that it would be appropriate to have Staff obtain the cost associated with
having the five affected properties surveyed and replatted.
Mayor Sanders received consensus from the Council to pursue obtaining the cost associated with having the five
affected properties surveyed and replatted within The Woods.
Mayor Sanders discussed the maintenance of the Right-of-Way on Indian Creek Drive located between Brook
Hollow Lane and Troon Drive,approximately 48,000 square feet.
Mayor Pro Tem Rowe pointed out that each residential property owner owned the property from the fence to the
curb and had the ability to install a gate.
Mayor Sanders received consensus from the Council that each property owner should begin maintaining the
property from their fence to the back of the curb.
Mayor Sanders discussed the maintenance of The Lakes Trail,approximately 1.2 acres of turf area.
Mayor Pro Tern Rowe advised that The Lakes Trail was platted as the homeowners' association property but he
believed that in 2000 the Town acquired the land through a Texas Parks and Wildlife Department grant application
process. He recommended that the Town file the appropriate documentation with the Denton Central Appraisal
District (DCAD) to correct the property ownership reflecting the Town as the owner because it was part of the
Town's trail system.
Town Attorney Dodd commented that he would have to review the Condemnation Judgement from 2003 because
his understanding was that the Town only had an easement along The Lakes Trail.
Mayor Sanders received consensus from the Council to have Staff review the documentation and verify if the
Town was the rightful owner of The Lakes Trail and if so,file the appropriate documentation with DCAD.
Mayor Sanders discussed the maintenance of the Lot on Sonora Drive,approximately 5,200 square feet of turf area
and located east of 43 Sonora Drive and west of 6 Mesa Verde Court.
Director of Parks and Recreation Jaramillo advised that the resident at 43 Sonora Drive was interested in obtaining
ownership of this lot.
Town Council Minutes October 24,2017 Page 4 of 7
Council Member Shoffner commented that the plat reflected the Town as the owner but DCAD did not show the
Town as being the owner.
Police Chief/Acting Town Manager Arata advised that this area was transferred to the Town through the
Dissolution of the Trophy Club Community Improvement Association in 2002. He requested additional time to
allow Staff to further review the ownership of this lot because there was a discrepancy in the platting records.
Tanisha Chavez, 43 Sonora Drive, advised that she recently purchased her property in July 2017 and that she was
interested in acquiring the vacant lot next to her home.
Mayor Pro Tem Rowe commented that the parcel on the plat included land that ran east of the sound wall.
Police Chief/Acting Town Manager Arata stated that Staff would provide a recommendation at a later time
because Staff research showed that this large parcel was divided by the sound wall and homeowners had moved
their fence lines to the sound wall.
Mayor Sanders discussed the maintenance of the Lots South of 2876 and 2877 Milsons Point Drive, the two lots
combined are approximately one(1)acre of land.
Police Chief/Acting Town Manager Arata advised that Staff would like further time to provide a recommendation
to the Council. Staff was proposing to meet with representatives with the United States Army Corps of Engineers
to discuss the Loop Road and these two lots could possibly be part of a negotiation deal. He remarked that the
property owner of 2876 and 2877 Milsons Point Drive had interest in obtaining ownership of all or some of the
vacant property south of their homes, depending upon requirements that they would have to meet such as
wrought iron fencing.
Mayor Pro Tem Rowe commented that per the DCAD map, both parcels were part of Freedom Dog Park.
Council Member Shoffner remarked that the Freedom Dog Park was fenced and that the Town maintained the
area behind 2876 and 2877 Milsons Point Drive, but their homeowners association maintained an area of about 10
feet behind the houses going north,which was Corps property. He recommended turning the Town property over
to the property owners of 2876 and 2877 Milsons Point Drive.
Mayor Sanders received consensus from the Council to allow Staff to perform additional research of the Lots
South of 2876 and 2877 Milsons Point Drive and reevaluate after Staff met with the United States Army Corps of
Engineers.
Mayor Sanders discussed the maintenance of the Lot on Trophy Club Drive located west of 971 Trophy Club Drive,
approximately 12,000 square feet of land.
Director of Parks and Recreation Jaramillo advised that the resident at 971 Trophy Club Drive expressed an interest
in obtaining the lot contingent on Town ordinance requirements that they would have to meet.
Council Member Shoffner commented that the Town may need to maintain this property given the future bridge
construction. He recommended that Staff validate with Teague, Nall & Perkins if the land would be needed
because drainage would become an issue due to Westlake development.
Mayor Pro Tem Rowe commented that the land could be transferred to the resident at 971 Trophy Club Drive and
an easement could be added for the drainage portion.
Mayor Sanders discussed the maintenance of the Gas Well Site adjacent to Highlands Court located,approximately
20,000 square feet of turf area.
Town Council Minutes October 24, 2017 Page 5 of 7
Mayor Pro Tern Rowe commented that the parcel was part of the linear park system and was owned by the Town.
Mayor Sanders received consensus from the Council that there was no action on the Gas Well Site adjacent to
Highlands Court.
Council Member Shoffner commented that Staff should verify with the homeowner at 31 Creekmere Drive to see if
they would be interested in providing an easement to the Town because there were five culverts and one was
currently blocked.
8. Receive an update from Town Staff regarding Entryway Monumentation and Landscaping for the Town of
Trophy Club(J.Zagurski).
Budget Manager Zagurski provided a brief update and requested that the Council Subcommittee meet to narrow
the scope of the Request for Proposals (RFP) and then present the RFP to the entire Council prior to advertising.
Additionally, he advised that this project would be transitioned to Town Planner Payne.
Council Member Kurtz requested that Staff provide the Council Subcommittee with potential dates and times to
meet.
Mayor Sanders commented that he had some recommended corrections to the RFP that he would email to Staff.
No action was taken on this item.
9. Discussion of items for Future Agendas to include agenda items for consideration on the November 14,2017
Council agenda and items from the Town Council Future Agenda Items list(H.Fimbres).
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.
Mayor Sanders requested to remove Item No. 3 from the Town Council Future Agenda Items list: Staff to review
land that: (A)The Town owns for the possibility of residents to acquire the land;and (B) Is maintained by the Town
but not owned. (Lamont 3/28/2017) (1-June 27,2017) (2-October 24,2017).
Mayor Sanders requested that Staff review potential issues with the Texas Legislature restricting city tree removal
policies and how that would affect the Town.
EXECUTIVE SESSION
10. 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 551.071 Consultation With Attorney under Subsection(2)to consult with the Town Attorney on
a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
Pending Litigation(D. Dodd)
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:
Town Council Minutes October 24, 2017 Page 6 of 7
North of Highway 114,east of Trophy Club Drive(Council Member Shoffner and Council Member Kurtz)
C) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment,duties,discipline or dismissal of a public officer or employee:
1. Parks and Recreation Board(Mayor Sanders, Mayor Pro Tem Rowe,and Council Member Jensen)
2. Planning and Zoning Commission (Mayor Sanders, Council Member Jensen, and Council Member
Kurtz)
CONVENED INTO EXECUTIVE SESSION-START TIME—7:56 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—8:13 P.M.
RECONVENED INTO REGULAR SESSION
11. Consider and take appropriate action repealing Resolution 2017-24 and adopting a new Resolution, making
appropriate appointments on the Parks and Recreation Board; reaffirming existing appointments,
Chairperson, and Council Liaison; and providing an effective date (Mayor Sanders, Mayor Pro Tem Rowe,
and Council Member Jensen).
Motion:
Motion made by Council Member Jensen, seconded by Mayor Pro Tern Rowe, to repeal Resolution No. 2017-24
and approve Resolution No. 2017-33, replacing Jacob Gibson with Joel Morace to Place 3 for the remainder of an
unexpired term on the Parks and Recreation Board; reaffirming existing appointments, Chairperson, and Council
Liaison;and providing an effective date of October 24, 2017.
Motion passed unanimously 7-0-0.
12. Consider and take appropriate action repealing Resolution 2017-25 and adopting a new Resolution, filling
one (1) vacant position for the remainder of an unexpired term on the Planning and Zoning Commission;
reaffirming existing appointments and Chairperson;and providing an effective date(Mayor Sanders,Council
Member Jensen,and Council Member Kurtz).
Motion:
Motion made by Council Member Jensen, seconded by Council Member Fleury, to repeal Resolution No. 2017-25
and approve Resolution No. 2017-32, appointing Jacob Gibson to Place 2 filling one (1) vacant position for the
remainder of an unexpired term on the Planning and Zoning Commission; reaffirming existing appointments and
Chairperson;and providing an effective date of October 24, 2017.
Motion passed unanimously 7-0-0.
13. Consider and take appropriate action regarding the Executive Session(H.Fimbres).
No action was taken on this item.
ADJOURN
Motion made by Mayor Pro Tern Rowe, seconded by Council Member Fleury, to adjourn the meeting at 8:16 p.m.
Motion passed unanimously 7-0-0.
Holly Fimbres, 'own Secretary C.Nick Sanders, Mayor
Town of Trophy Club,Texas - �r. �' Town of Trophy Club,Texas
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Town Council Minutes October 24,2017 Page 7 of 7