Minutes TC 08/14/2018 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,AUGUST 14,2018,7:00 P.M.
LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club,Texas, met in a Regular Session on Tuesday, August 14, 2018. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Alicia L.Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Greg Lamont Council Member,Place 5
TOWN COUNCIL MEMBERS ABSENT:
Philip Shoffner Mayor Pro Tem,Place 6
Tim Kurtz Council Member, Place 4
STAFF PRESENT:
Tom Class Town Manager Jonathan Phillips Director of Administrative Services
David Dodd Town Attorney Tommy Uzee Director of Community Development
Holly Fimbres Town Secretary/RMO Steve Woodard Police Captain
Wade Carroll Fire Chief John Zagurski Budget Manager
Tony Jaramillo Director of Parks and Recreation Steve Zieverink Information Technology Specialist
Mayor Sanders announced the date of Tuesday,August 14, 2018,called the Town Council to order and announced
a quorum at 7:00 p.m.
The Invocation was offered by Town Attorney Dodd.
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 Town Manager Class'update and provide input regarding the following(T.Class):
• Citizen's Fire Academy—Scheduled on Thursday evenings beginning September 6th and ending October
4th, 7:00 p.m. to 9:00 p.m. Participants would be fitted with personal protective equipment, use
extinguishers, participate in extrication exercises, get hands-on EMS skills training, and participate in fire
operations drills.
• Staffing— Marvin Athans was hired as the Parks Superintendent and would begin on August 20th and
Chris Lanzi was hired as the Building Inspector and would begin on September 4th.
2. Receive Town Council Liaison update;discussion of same(H.Fimbres):
*Economic Development Corporation 4B,July 26,2018
Council Liaison-Council Member Rhylan Rowe
Council Member Rowe advised that Town development updates were provided at the meeting specific to HG Sply
and PD 30. The Economic Development Corporation (EDC) 4B approved the proposed EDC 4B Budget for Fiscal
Year 2019,which included parking lot improvements to serve Trophy Wood Business Center.
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 Joint and Regular Session Minutes dated
July 24,2018. (Town Secretary Note:Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2018(J.
Phillips).
5. Consider and take appropriate action regarding an Agreement between the Town and Tarrant County for
Mutual Aid in Fire Protection and Emergency Medical Services;and authorize the Mayor or his designee to
execute all necessary documents(W.Carroll).
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(T.Class).
7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing September
2018 as Blood Cancer Awareness Month in Trophy Club;and providing an effective date(Mayor Sanders).
Mayor Sanders requested to remove Agenda Item No.7 from the Consent Agenda.
Motion:
Motion made by Council Member Lamont, seconded by Council Member Fleury, to approve the Consent Agenda
Items 3 through 6.
Motion passed unanimously 5-0-0.
REGULAR SESSION
7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing September
2018 as Blood Cancer Awareness Month in Trophy Club;and providing an effective date(Mayor Sanders).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury,seconded by Council Member Rowe,to approve Proclamation No. 2018-
11, recognizing September 2018 as Blood Cancer Awareness Month in Trophy Club;and providing an effective date
of August 14,2018.
Motion passed unanimously 5-0-0.
Mr. Geraci thanked the Council for their support and encouragement of his daughter Haylie, who was diagnosed
with T Cell ALL Leukemia earlier this year. He expressed gratitude for bringing awareness that has helped his
daughter,as well as other children who need treatment and blood donations.
Mayor Sanders presented Mr.and Mrs.Geraci, Haylie's parents,with the proclamation.
Town Council Minutes August 14,2018 Page 2 of 11
PUBLIC HEARING
8. Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District(CCPD)Budget for
Fiscal Year 2018-2019 submitted to the Town Council by the CCPD Board(J.Phillips).
Mayor Sanders opened the public hearing at 7:14 p.m.
There were no individuals present that wished to speak regarding the item.
Mayor Sanders closed the public hearing at 7:15 p.m.
REGULAR SESSION
9. Receive an update from Teague Nall & Perkins regarding Capital Improvement Projects related to Trophy
Club Drive,Meadowbrook Lane,Sundance Court(T.Class).
Director of Community Development Uzee introduced Tom Rutledge and Philip Varughese with Teague Nall &
Perkins(TNP).
Town Engineer Rutledge advised that the next round of Capital Improvement Projects(CIP)were approved in May
2016. The three streets that were in the design stages were:Trophy Club Drive southbound from Durango Drive to
Bobcat Boulevard; Meadowbrook Lane from 11 Meadowbrook Lane to 23 Meadowbrook Lane; and Sundance
Court. He advised that the prior Trophy Club Drive project ended at Durango Drive and the upcoming project
would begin from there and go to Bobcat Boulevard (on the west side of Trophy Club Drive). This portion of the
Trophy Club Drive project does not require a water line replacement. He pointed out that there was a gap where
there was not a sidewalk on Trophy Club Drive and he requested input from Council if they wanted to pursue
installing a sidewalk. Several trees would need to be removed if a sidewalk were to be installed. The history has
been to install sidewalks on the Town's major arterial roads.
Council Member Rowe inquired how many trees would need to be removed and what were the species. Town
Engineer Rutledge responded that approximately 50 trees would need to be removed and that the majority were
Elm trees.
Discussion took place that the current trees posed an issue for the Lakes of Trophy Club when their retaining wall
would need to be replaced in the future.
Town Engineer Rutledge acknowledged that the intent would be to put into the contract that the contractor would
brace the wall to help secure it and keep it in the same condition.
Council Member Rowe asked if there would be a potential to install a right-hand turn lane on Durango Drive.
Town Engineer Rutledge responded that he did not believe there would be enough room to install one.
Mayor Sanders was concerned with removal of the trees that were fairly close to the wall. The trees offered a
sound buffer for those residents, as well as beautification along the thoroughfare. Additionally, he noted that
there was a sidewalk on the other side of the street.
Council Member Lamont suggested working with the Lakes of Trophy Club Homeowners Association since they had
intended to remove some of the trees when they replace their retaining wall.
Town Engineer Rutledge continued the presentation and advised that the Meadowbrook Lane project would tie
into the portion of Meadowbrook Lane that had been reconstructed during the Indian Creek Drive project. He
noted that mailboxes would need to be removed and reset. There would be a need for a waterline replacement,
which has been coordinated with the Trophy Club Municipal Utility District(TCMUD)No. 1.
Town Engineer Rutledge discussed the Sundance Court project and advised that there would be a need for a
waterline replacement,which has been coordinated with the TCMUD No. 1.
Town Council Minutes August 14,2018 Page 3 of 11
Additionally, he went over the project schedule that had the let for bid in November 2018, the award of bid in
December 2018,start construction in January 2019,and completion by February 2020.
Council Member Rowe inquired what the life expectancy was for Trophy Club Drive once it was reconstructed.
Town Engineer Rutledge responded that a standard was about 20 years with no maintenance but he expected to
possibly get 30 years. He noted that heavy traffic did create more load and would play a factor into the life
expectancy.
Council Member Rowe commented that a 2015 street grading report did not display the age for the stretch of
Trophy Club Drive that was constructed in three sections.
Town Engineer Rutledge remarked that TNP initiated the study in the 1990's that included all Town streets through
an evaluation program, which was provided to prior Staff, who used the information to create the 2015 street
grading report.
Council Member Rowe noted that Trophy Club Drive only went to the area between Durango Drive and Galloway
Boulevard in January 1996,then in February 2001 Trophy Club Drive went just past Meadow Ridge Drive,and then
went to Bobcat Boulevard in late 2001. He was concerned because about a third of Trophy Club Drive was only
about 15 years old and he questioned if there was a need to reconstruct the northern third.
Town Engineer Rutledge explained that this was the last significant portion of Trophy Club Drive that needed to be
reconstructed and prior discussion had been to proceed with it. He noted that there were pavement sections that
were less than current standards of eight inch thick concrete.
Council Member Rowe asked if samples were taken between Meadow Ridge Drive and Bobcat Boulevard since it
was only about 7 years older than the other lane that was not being replaced. Town Engineer Rutledge responded
that samples could be taken of that area.
Mayor Sanders noted that Trophy Club Drive had been extensively used while the Highlands were being built,
which could have decreased the life expectancy of the street. He was in favor of obtaining additional data on the
portion between Meadow Ridge Drive and Bobcat Boulevard and working with the Lakes of Trophy Club
Homeowners Association to see what trees they intended to take out during their wall reconstruction.
Council Member Lamont asked how it was determined that the water and sewer lines were in the right-of-way and
not under the street. Town Engineer Rutledge responded that the only way to verify, without physically digging,
was to rely on maps provided by the TCMUD No. 1 and they appeared to be in the appropriate place based on
where the valves were located.
Town Engineer Rutledge noted that the trees were within public right-of-way and were not owned by the Lakes of
Trophy Club Homeowners Association. He looked for direction on what the tree threshold was that would
determine whether or not to proceed with installing a sidewalk.
Council Member Jensen suggested that the full Council be present before making a decision on how to move
forward.
Mayor Sanders requested to have this item brought back at the August 28,2018 Council meeting.
No action was taken on this item.
Town Council Minutes August 14,2018 Page 4 of 11
10. Receive an update from Teague Nall & Perkins and take appropriate action regarding traffic control for the
following intersections: Bobcat Boulevard and Trophy Club Drive; Parkview Drive and Bobcat Boulevard;
and Durango Drive and Trophy Club Drive(T.Class).
Motion:
Motion made by Council Member Jensen, seconded by Council Member Rowe, to table this item to the next
Council meeting.
Council Member Jensen wanted to respect Town Engineer Rutledge's time and just have him present the
information one time at the August 28,2018 Council meeting.
Council Member Lamont inquired if there were any short term fixes that needed to be done before school started.
Town Engineer Rutledge replied that there were not.
The vote was taken.
Motion passed unanimously 5-0-0.
A brief discussion took place that an update should be included on the retraining of the school crossing guards
specific to the appropriate time limits to relieve lanes and the number of vehicles to have queued in a lane.
11. Receive an update from Republic Services and take appropriate action regarding an Agreement for Recycling
Services options;and authorizing the Mayor or his designee to execute all necessary documents(T.Class).
Town Manager Class introduced Jeri Harwell, Municipal Services Manager with Republic Services.
Ms. Harwell advised that China was no longer accepting recycling material from the United States. She went over
the recycling life cycle, which consists of consumption, recycling, collection, processing refinement, resale to
markets, and production. Current trends in the market are:glass having negative value; corrugated cardboard has
decreased in price per ton for the last five years; and end markets impacted by global slowdowns. Material trends
were lighter-weight products and flexible packaging, which were not recyclable. Light-weighting required
processing of more material to yield a ton of marketable commodity. For example in 2000,48,000 plastic bottles
equaled one ton and in 2015, 92,000 plastic bottles equaled one ton. For decades, China has been the largest
importer of the world's recycled commodity and the United States was 40 percent of the inbound stream. In 2017,
China announced efforts to clean up the country, which included dramatic changes in their acceptance criteria of
imported recyclables.
Immediate impacts included adjusted processing speeds to improve quality of sorted material, adding human
resources to sort lines and increasing self-inspections to further reduce contamination, exploring investments in
newer sorting technology, and actively exploring other domestic and international markets. A price increase was
needed to address the shortfall due to collection costs no longer being covered by commodity revenues.
Additionally, Republic Services would implement Public Education programs to inform consumers what to recycle
and how to recycle.
Based on the Town's net processing value/charge, the proposed rate adjustment to reconcile commodity market
value was an additional $1.20 to help Republic Services breakeven on the Town's recycling program. She noted
that at the end of the contract in 2020, trash and recycling fees would increase because the Town's commercial
development had been assisting with the residents not realizing an increase.
Mayor Sanders inquired if there would be a franchise fee increase on top of the $1.20. Ms. Harwell responded
that the 12 percent franchise fee would come out of the $1.20. If the rate increase was approved, they would
propose an effective date of September 1, 2018, but they were also favorable to October 1, 2018 to allow the
Town to notify residents.
Town Council Minutes August 14,2018 Page 5 of 11
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve the rate increase of
$1.20 as requested and to become effective October 1,2018.
Council Member Rowe commented that Republic Services had worked with the Town to keep rates down for
residents. He encouraged Staff to look into potential options before the review of the next agreement to ease into
any changes in order to keep the residents from realizing a drastic increase.
Council Member Lamont remarked that he initially voted against this agreement because it had not been sent out
for bid but he supported the item based on the presentation.
The vote was taken.
Motion passed unanimously 5-0-0.
12. Discussion of and provide direction to Town Staff regarding the replacement of playground equipment at
Harmony Park,the addition of one shade structure at the Community Pool,and revised color selections for
the two shade structures at Harmony Park.(T.Jaramillo).
Director of Parks and Recreation Jaramillo advised that the Parks and Recreation Board made the below
recommendations at their July 16,2018 meeting:
• Replacing the large playground equipment with a new accessible playground and rubber surface utilizing
Parkland Dedication Funds. A grant was applied for with no obligations and $27,000 was awarded
reducing the initial cost of$235,817.19 to$208,817.19;
• Changing both the large and small shade structure fabrics color to tan at Harmony Park, and repainting
the existing shade structure frames hunter green to match the Dino Playground at Freedom Dog Park;and
• Installing a new shade structure at the Community Pool utilizing the repurposed blue shade fabric from
the small playground at Harmony Park.
Council Member Jensen remarked that he had suggested installing accessible playground equipment but the
exhibits did not display such. He suggested presenting further details that showed the different accessible features
and reaching out for funding sponsorship from the community and businesses.
Discussion took place that the existing shade structure frames would remain in their current locations and that the
parents who provided recommendations for the installation of the toddler playground in 2016 were involved with
this process of the proposed large playground equipment.
Council Member Fleury commented that Ms. Lunday and others had met with Staff and seemed to be happy with
the selection made for the large playground equipment. She recommended providing a few more examples that
showed the detail of the accessible features. She commended Staff for seeking ways to reduce the overall
financial impact and for repurposing the blue shade fabric from the small playground at Harmony Park to the
Community Pool.
Town Manager Class added that Staff was also seeking direction regarding the following items:
• Replacing the destroyed shade structure fabric at Harmony Park. After an insurance settlement, the
approximate cost would be$2,300 and would be paid with existing Property Maintenance Funds;
• Purchasing a small shade structure fabric to match the new large shade structure fabric at Harmony Park.
The cost would be approximately$19,000 and included repainting the frame;and
• Installing a new shade structure at the Community Pool to accommodate the repurposed shade fabric
from Harmony Park with an estimated cost of$66,000.
Council Member Rowe recommended that Staff identify the funding sources for the small shade structure fabric at
Harmony Park and shade structure at the Community Pool because it had not been included in the current or
proposed budget.
Town Council Minutes August 14,2018 Page 6 of 11
Motion:
Motion made by Council Member Rowe to direct Staff to move forward with the replacement of the destroyed
fabric and use the color as determined by the Parks and Recreation Board.
Council Member Rowe removed his motion from the floor because the Council did not need to take action on
certain items,such as replacing the destroyed shade structure fabric at Harmony Park for approximately$2,300.
Discussion took place that the grant awarded for the accessible playground was valid for one year and that bids
were not required because the vendor was part of the BuyBoard Cooperative Purchasing Program.
Mayor Sanders suggested that Staff move forward with utilizing the insurance funds to replace the destroyed
shade structure fabric at Harmony Park for approximately $2,300 and to move forward with the changing of the
Harmony Park shade structure color scheme from blue and black to tan and hunter green.
Town Manager Class advised that the purchase of the Harmony Park small shade structure fabric for $19,000
would be paid through Fiscal Year 2018 savings from Community Events and Recreation. The purchase of a new
shade structure at the Community Pool in the amount of$66,000 would be paid through the remaining 2010 Tax
Note funds of$41,919.21 and Fiscal Year 2018 salary savings from the Parks Department budget.
Council Member Rowe was concerned with the timing of the new shade structure at the Community Pool. He
inquired what had been sourced from the 2010 Tax Note and what the initial intent was for those funds to be used
for.
Council Member Fleury commented that the timing was due to the storm that destroyed the large shade structure
fabric.
Discussion took place that it may be more appropriate to separate some of the items to be dealt with separately.
Motion:
Motion made by Mayor Sanders,seconded by Council Member Rowe,to direct Staff to move forward with Item B,
replacing the destroyed shade structure fabric at Harmony Park and using existing Property Maintenance funds to
do so.
Council Member Fleury inquired about moving forward with the color scheme as suggested by the Parks and
Recreation Board.
Mayor Sanders remarked that his intent with the motion included moving forward with the color scheme.
The vote was taken.
Motion passed unanimously 5-0-0.
Mayor Sanders commented that further details needed to be provided that showed the different accessible
features of the playground equipment and for Staff to reach out for funding sponsorship from the community and
businesses.
Motion:
Motion made by Council Member Fleury to direct Staff to move forward with the accessible playground
equipment.
Motion failed for lack of a second.
Town Council Minutes August 14,2018 Page 7 of 11
13. Discussion of and take appropriate action regarding the Fiscal Year 2019 Budget(J. Phillips).
Director of Administrative Services Phillips introduced the item and commented that the main goals were to
provide property tax relief through the use of special revenue funds, maintain an $0.11/$100 interest and sinking
(I&S) tax rate, establish a Capital Equipment Replacement Fund, and prepare for Phase III of the Trophy Wood
development.
Budget Manager Zagurski presented the following: an overview of the General Fund; areas of increased and
decreased Revenues;and Personnel expenditures.
Mayor Sanders inquired about the creation of an Employee Benefits Trust. Budget Manager Zagurski responded
that the Town was currently paying taxes for healthcare insurance but the creation of a nonprofit healthcare trust
would allow the Town to realize an approximate two percent decrease that would be dropped off the taxes.
Budget Manager Zagurski continued his presentation with Services and Supplies expenditures and Supplemental
and Equipment Replacement expenditures. Areas of change in the Capital Project Fund was that interest income
was increasing due to better investment strategy and expenditures had increased due to the start of three new
projects(Trophy Club Drive, Meadowbrook Lane, and Sundance Court). Areas of change in the Debt Service Fund
included decreases in contributions from the CCPD's Debt Service and Street Maintenance sales tax Debt Service.
He advised that Staff was recommending that PD 30 revenue be placed in the Capital Replacement Fund in order
to start the growth of its balance.
The Court Security Fund and Court Technology Fund should realize an overall increase in revenue. There would be
an increase in the Court Technology Fund expenditures due to the one-time purchase of a new recording device
for Court proceedings.
Areas of change in the CCPD Fund were:
• Reduction in Debt Service by$100,000 for two years;
• One-time and operational expenditures moved to CCPD to provide property tax relief to the General
Fund;
• Replacement of a police vehicle was budgeted in Fiscal Year 2019;and
• Last debt payment was September 1,2036 and the first callable date would be September 1,2025.
Areas of change in the EDC 4B Fund included:
• Fund Balance continuing to grow;
• Funding the temporary parking lot for HG Sply Co. in the amount of$413,560.25;and
• Last debt payment was September 1,2035 and the earliest callable date of bonds was September 1,2023.
Areas of change in the Hotel Occupancy Fund were:
• Revenue increasing with the opening of the Holiday Inn, projections did not include the hotel planned in
PD 30;
• Removed personnel and 4th of July for two years to build fund balance for Phase III parking garage;and
• Entry monumentation and wayfinding signage was budgeted at$50,000.
Areas of change in the Street Maintenance Fund included:
• Personnel costs shifted from General Fund to provide property tax relief;
• $75,000 was allocated for street maintenance/panel replacement;and
• $25,000 Debt Service decrease and reallocated to the Street Maintenance line.
Areas of change in the Tax Increment Reinvestment Zone No. 1 Fund were:
• Decrease in fund balance due to$300,000 incentive paid in Fiscal Year 2018;
• Future incentives would be paid out based on 35 percent of incremental revenue plus interest accrued on
developers note;and
• Projected break-even date was Fiscal Year 2026.
Town Council Minutes August 14,2018 Page 8 of 11
The Recreational Program Fund was intentionally designed as a wash fund for recreational programs that were
designed to recuperate their full costs.
Areas of change for the Parkland Dedication Fund included:
• $30,000 expenditure for the fishing dock;and
• Two projects budgeted for Fiscal Year 2019 (Harmony Park accessible playground for approximately
$192,000 and Musco lighting at Harmony Park shown with offsetting revenue from soccer association and
grant for$190,000).
Trophy Club Park fund balance was no longer negative and by Fiscal Year 2026, the fund would have two years'
worth of operating revenues in the fund balance.
The primary expenditures for the Storm Drainage Utility Fund were mosquito prevention and fogging;storm water
plan and permitting;cat tail and beaver dam removal from drainage areas;and street sweeping.
Mayor Sanders commended the Finance Department for their details and incorporating Council's direction.
Director of Administrative Services Phillips remarked that budget updates would be provided at the next two
Council meetings along with the required public hearings. There would be potential to adopt the Fiscal Year 2019
Budget at the September 11,2018 Council meeting.
No action was taken on this item.
14. Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2019 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(J.Phillips).
Director of Administrative Services Phillips advised that Staff was proposing an Ad Valorem Tax Rate of$0.451442
per$100 of valuation. Of the$0.451442/$100 tax rate, $0.341442/$100 was for maintenance and operations and
$0.11/$100 was to service the Town's debt requirements for the upcoming fiscal year.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Fleury, to set the tax rate not-to-exceed
Fiscal Year 2019 Ad Valorem Tax Rate of$0.451442 per$100 valuation and set the public hearing dates for August
28,2018 and September 11,2018.
Roll call vote:
Mayor C. Nick Sanders Yea
Council Member Alicia L. Fleury Yea
Council Member Eric Jensen Yea
Council Member Rhylan Rowe Yea
Council Member Greg Lamont Yea
Motion carried 5-0-0.
15. Consider and take appropriate action regarding an Ordinance, amending Article 8.02, Noise, within the
Town's Code of Ordinances to amend work allowed on Sundays; and providing an effective date (Mayor
Sanders and Council Member Lamont).
LuAnne Oldham, 2535 Roseville Drive,thanked the Council for bringing this item back up and stated the Town was
not identified as a commercially dense population. The noise ordinance helped protect residents from seven days
of construction. She pointed out that two neighborhoods would be affected by the upcoming construction,which
was PD 30 and Byron Nelson High School. Roseville Drive residents have had issues with the high school hitting a
decibel rating of 70 due to their loud speakers. The high school would be installing a new parking lot and
constructing an athletic facility and the surrounding residents would be dealing with noise from that construction
Town Council Minutes August 14,2018 Page 9 of 11
for an extended period of time. She has also heard complaints from residents regarding the Beck development(PD
30). The Town of Westlake did not have a noise ordinance in construction noise as far as the time frames but they
did have a decibel level established. She requested that the Council consider amending Numerical No. 6 of
Subsection (a), within Section 8.02.003, Declaration of nuisance, by striking language that allowed Sunday
construction. An alternative would be to limit the allowable hours on Sunday to be from 12:00 p.m.to 5:00 p.m.to
give residents some relief.
Council Member Lamont stated that he requested that this item be brought back because he did not fully
understand the original intent to change the ordinance. He commented that Section 8.02.004 was an exception
for lawn equipment and agricultural equipment. He believed that this section could have been amended to
include the appropriate days and times of the week if this was part of the original concern. He understood that it
was difficult and expensive for major construction companies to have work done on Sundays. After three years,
the primary construction will be for residential properties and he believed that allowing construction on Sundays
would create a nuisance for residents.
Council Member Fleury remarked that she had been under the assumption that residents would get cited for
mowing their lawns on a Sunday but that was not actually the case. She stated that Trophy Club was a different
community and asked if there had been an influx of waivers requested to allow Sunday construction.
Council Member Jensen pointed out that the recent amendment passed 5-2 on June 12, 2018. His reasoning for
the amendment was for the benefit of the residents. The operation of a chainsaw, within 1,500 lineal feet of any
occupied residential dwelling, had originally been prohibited on Sundays until the recent change. He commented
that he recently had to use a chainsaw after a recent storm during hours that had previously been prohibited. The
change had only been implemented for a short period of time and if issues were to arise the item could be
reconsidered.
Main Motion:
Main Motion made by Council Member Lamont, seconded by Council Member Fleury, to remove language from
Numerical No.'s 6,7,and 8 that allowed construction on Sundays from the hours of 9:00 a.m.and 5:00 p.m.and to
add language to Subsection (b), Monday through Saturday, inclusive, or between the hours of 9:00 a.m. and 5:00
p.m.on Sunday.
Council Member Fleury commented that part of the ordinance had been left out when this item was initially
considered and that it may be more appropriate to change the one problem, chainsaws, instead of the allowing
heavy equipment to be used on Sundays.
Mayor Sanders remarked that work had been done in Hogans Glen and The Villas recently on a Sunday and two
residents adjacent to the construction complained. He was in favor of allowing for some time to pass in order to
see if any positive or negative feedback occurred.
Council Member Lamont stated that the Town Manager could approve emergency construction situations.
Council Member Lamont and Council Member Fleury agreed to modify their Main Motion to remove the added
language to Subsection(b).
Town Attorney Dodd advised that an ordinance required an affirmative vote of four council members per the
Town's Charter.
The vote for the Main Motion as Modified was taken,to remove language from Numerical No.'s 6, 7, and 8 that
allowed construction on Sundays from the hours of 9:00 a.m.and 5:00 p.m.
Main Motion as Modified failed 3-2-0,with Mayor Sanders and Council Members Fleury and Lamont voting for
and with Council Members Jensen and Rowe voting against.
Town Council Minutes August 14,2018 Page 10 of 11
16. Discussion of items for Future Agendas to include agenda items for consideration on the August 28, 2018
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.
Discussion took place that Item No.4 from the Town Council Future Agenda Items list was to establish a policy for
the use of Parkland Dedication Funds.
EXECUTIVE SESSION
17. 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:
1. Breach of Contract Issues,Procedures,and Claims(D.Dodd)
2. Loop Road(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:
North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem
Shoffner and Council Member Kurtz)
CONVENED INTO EXECUTIVE SESSION-START TIME—9:27 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:56 P.M.
18. Consider and take appropriate action regarding the Executive Session(H.Fimbres).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 9:57 p.m.
Holly Fi by-s,Town Secreta, C. Nick Sanders,Mayor
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Town Council Minutes August 14,2018 Page 11 of 11