Agenda Packet TC 02/26/2019
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Town CouncilPage 6 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-096-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Receive Town Manager Class' update and provide input regarding the following (T. Class):
*February 23, 2019 Special Election
*March 2019 Meeting Dates
*Emergency Preparedness Summit
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 1:
Receive Town Manager Class' update and provide input regarding the following (T. Class):
*February 23, 2019 Special Election
*March 2019 Meeting Dates
*Emergency Preparedness Summit
Town CouncilPage 7 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-127-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/21/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Receive an update regarding the Campaign 4 Kindness Events (Mayor Sanders and Council Member
Fleury).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Receive an update regarding the Campaign 4 Kindness Events (Mayor Sanders and Council Member Fleury).
Town CouncilPage 8 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-097-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Receive Town Council Liaison update; discussion of same (T. Class):
*Animal Shelter Advisory Board, February 25, 2019
Council Liaison - Mayor Pro Tem Philip Shoffner
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 3:
Receive Town Council Liaison update; discussion of same (T. Class):
*Animal Shelter Advisory Board, February 25, 2019
Council Liaison - Mayor Pro Tem Philip Shoffner
Town CouncilPage 9 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-098-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding the Town Council Retreat Minutes dated January 19,
2019 (T. Class).
Attachments:
Draft TC Retreat Session Minutes January 19, 2019.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
Consider and take appropriate action regarding the Town Council Retreat Minutes dated January 19, 2019 (T. Class).
Town CouncilPage 10 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB
TOWN COUNCIL RETREAT MINUTES
SATURDAY, JANUARY 19, 2019, 9:00 A.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
TRAINING / EOC ROOM
The Town Council of the Town of Trophy Club, Texas, met in a Retreat Session on Saturday, January 19, 2019. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Mayor Pro Tem, Place 6
Alicia L. Fleury Council Member, Place 1 arrived at 9:34 a.m.
Eric Jensen Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Greg Lamont Council Member, Place 5
TOWN COUNCIL MEMBERS ABSENT:
Tim Kurtz Council Member, Place 4
STAFF PRESENT:
Tom Class Town Manager Tony Jaramillo Director of Parks and Recreation
David Dodd Town Attorney Mike Pastor Information Technology Manager
Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative & Financial Services
Patrick Arata Police Chief Tommy Uzee Director of Community Development
Wade Carroll Fire Chief John Zagurski Finance Manager
Mayor Sanders announced the date of Saturday, January 19, 2019, called the Town Council to order and
announced a quorum at 9:00 a.m.
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.
RETREAT SESSION
1.Discussion of and take appropriate action regarding the Town’s Long Term Financial Outlook (T. Class).
Town Manager Class introduced the item and discussed the Town’s Five-Year Forecast. He advised that Staff
expected to realize an approximate 2.01 percent overall increase in revenues and an estimated three percent
inflation in personnel costs annually. The Fiscal Year 2020-2021 Budget discussions would be different from prior
budget discussions because the actual Fund Balance moving forward would decrease below the Fund Balance goal
if revenues were not increased or expenditures decreased. The Town was reaching the beginning stage of build
out and would need to begin functioning as a fully developed community. An additional factor was the proposed
2.5 percent revenue cap that was being reviewed in the 2019 Legislative Session.
Mayor Sanders commented that legislative items that were approved would essentially take two years to become
in effect.
Town CouncilPage 11 of 136Meeting Date: February 26, 2019
Director of Administrative and Financial Services Phillips commented that sales tax projection included HG Sply
being online for a six month period. Staff anticipated a one to three percent increase from other revenue sources
but there had been a reduction in franchise fees. Staff was taking the conservative approach and did not factor in
development related revenues. The PD 30 permit fees were received at the end of last year.
Council Member Jensen inquired about only projecting six months of sales tax in the Five-Year Forecast. Finance
Manager Zagurski responded that Staff was only factoring six months of sales tax for this fiscal year but would
factor in a full years’ worth of sales tax revenue in the following years.
Council Member Jensen asked why Staff was not factoring in development related revenues. Director of
Administrative and Financial Services Phillips responded that was specific to permit fees.
Director of Administrative and Financial Services Phillips went over the Fund Balance forecast and advised that in
Fiscal Year 2021 the actual Fund Balance was projected to dip below the Fund Balance goal of 30 percent of
operating expenditures.
Finance Manager Zagurski discussed the Five-Year Forecast specific to the General Fund. He advised that revenue
from property taxes and sales tax were projected to increase over the years. The State has not determined how
the Town would receive sales tax from online sales. Property taxes were expected to have a four percent growth,
but the General Fund would not realize all four percent due to the balance between the Interest and Sinking (I&S)
tax rate and frozen property taxes.
Council Member Rowe mentioned that deeper study in the Town’s demographics should be conducted of the
frozen values.
Finance Manager Zagurski remarked that the exemption for those over 65 years of age has grown year after year,
which basically increases the property taxes for those under the age of 65.
Council Member Jensen pointed out that the three percent sales tax revenue increase was not reflected in the
displayed Five-Year Forecast for the General Fund. Finance Manager Zagurski responded that Staff used a rounded
number for the projections, which would equate between two to three percent.
Finance Manager Zagurski noted that the transfers from Capital expenditures in Fiscal Year 2020 and Fiscal Year
2022 were for capital replacement equipment. Additionally, he discussed that Staff was reviewing either reducing
services offered or increasing revenues through utilization of dedicated funding sources and capturing growth
while available.
Council Member Jensen suggested that Staff submit those options to the Council Finance Subcommittee for
consideration.
No action was taken on this item.
(Town Secretary Note: After completing Agenda Items 1 through 7, Council and Staff revisited Agenda Item No. 1)
Mayor Pro Tem Shoffner inquired if Staff included any sales tax projections for the PD 30 development. Finance
Manager Zagurski responded that Staff was conservative and did not factor PD 30 development because the
development would impact additional expenditures, such as public safety.
Town Manager Class explained that the added dwellings and bars would impact additional calls for the Fire and
Police Departments.
Town Council Retreat Minutes January 19, 2019 Page 2 of 10
Town CouncilPage 12 of 136Meeting Date: February 26, 2019
Council Member Jensen asked if additional personnel would be needed once the PD 30 development was
completed. Police Chief Arata responded that the Police Department was reviewing adding two more officers
within two years and a third officer within three years specifically for PD 30, as well as a juvenile detective per a
grant for this year or next year.
Council Member Jensen stated that Dr. Ryder Warren, Superintendent with Northwest Independent School
District, had mentioned at the January 8, 2019 Council meeting that the District was interested in starting a police
force. This topic should potentially be discussed as a workshop item.
Fire Chief Carroll advised that the Fire Department would be proposing to keep the Fire Marshal position after the
awarded Federal Emergency Management Agency grant was completed. A Staffing for Adequate Fire and
Emergency Response (SAFR) grant would be applied for to accommodate having six fire personnel on each shift
and moving to a five man minimum staffing 24 hours a day allowing for two calls to be made simultaneously. He
anticipated an additional 200 calls from the PD 30 development per year.
Mayor Sanders mentioned that the office of State Representative Tan Parker contacted the Town to see if the
Town had any legislative priorities for him to sponsor. He was in favor to have a bill drafted allowing for the
expansion of the use of hotel occupancy tax (HOT) funds to help provide additional security and fire coverage for
the apartments that would be constructed.
Mayor Pro Tem Shoffner remarked that HOT funds were geared to heads in beds, with that should be some
leverage to protect those heads in beds such as the ability to purchase a new ambulance.
2. Discussion of and take appropriate action regarding Capital Improvement Projects (Council Member Rowe
and Mayor Sanders).
Finance Manager Zagurski advised that the Town was scheduled to go out for the next debt issuance in the Spring
of 2020. The estimated bond package would be between six and seven million. The Texas Legislature has
legislation pending that limits the ability of the Town to issue certificates of obligation. Among the current Capital
Improvement projects were: Indian Creek Drive and Phoenix Drive; Trophy Club Drive; Sundance Court and
Meadowbrook Lane; Teague Nall & Perkins (TNP) Paving Assessment; and Drainage.
Director of Community Development Uzee discussed that the current projects were in the planning and design
stages. Sundance Court was being reassessed to potentially go through one of the Town’s Cooperative Purchasing
Programs or to have Town Staff perform the work. Meadowbrook Drive would be completely repaved and Trophy
Club Drive was in the design phase with the ability for a supplemental bid for a left turn lane to Durango Drive. Per
the Mayors request, a right turn lane with an acceleration lane to turn right and head west on Highway 114 at
Trophy Lake Drive would be added to the design.
Council Member Jensen inquired about the timeframe for the Trophy Club Drive project. Director of Community
Development Uzee responded that there had been some delays with the addition of the turn lane to Durango
Drive. He believed that it could possibly be completed by Fall 2019.
Director of Community Development Uzee continued and advised that the drainage was being reassessed at Fresh
Meadow Drive and TW King Road. The cost for the hydraulic study would be approximately $35,000. He explained
that Town limit lines were being reviewed through plats to verify if the Town property line went to the middle of
TW King Road.
Director of Parks and Recreation Jaramillo discussed obtaining design options from TNP for a pocket park in
Canterbury Hills.
Mayor Sanders asked if that item would be considered in the Fiscal Year 2019-2020 Budget. Director of
Administrative and Financial Services Phillips responded that it could be in next debt issuance.
Town Council Retreat Minutes January 19, 2019 Page 3 of 10
Town CouncilPage 13 of 136Meeting Date: February 26, 2019
Mayor Sanders inquired if the Council was inclined to pursue adding a pocket park in Canterbury Hills.
Council Member Rowe remarked that he had a brief conversation with Director of Parks and Recreation Jaramillo
regarding adding a trail head, improving the area to make it more accessible and installing gravel parking. There
was a value for residents to access trails and to give them the ability to park their bikes or vehicles.
Mayor Pro Tem Shoffner suggested just cleaning up the area because most likely the majority of the residents in
that area with children went to Harmony Park since it had a playground.
(Town Secretary Note: Council Member Fleury arrived)
Mayor Sanders was concerned about installing gravel parking because if he lived in that area, he would prefer a
concrete parking lot.
Mayor Pro Tem Shoffner recommended removing the black silt fencing in that area. Director of Community
Development Uzee responded that it could be removed and replaced with a pipe fence because the drive
approach was still under construction.
Mayor Pro Tem Shoffner mentioned that there was a drainage issue and that a cleaning schedule should be
implemented to help with any blockage created by severe rain events. Director of Community Development Uzee
responded that a cleaning schedule has been established to help with future blockage.
Council Member Jensen inquired if there was a homeowners association (HOA). Mayor Sanders responded that
they were trying to establish an HOA.
Discussion took place that the land was parkland dedication and that it could not be turned over to the HOA unless
it was put to the residents for a vote.
Council Member Rowe remarked that based on the comments received the desire seemed not to invest a huge
amount of capital. He suggested coming up with two or three ways for passive uses for the Parks and Recreation
Board to consider. Mayor Sanders agreed with that suggestion.
Director of Parks and Recreation Jaramillo discussed resurfacing the Lakes Trails with concrete between Lakeview
Park and Parkview Drive. There was an opportunity to pursue a grant through the Texas Parks and Wildlife
Department for an amount of $200,000 with an 80/20 split. The Town would be required to fund the full amount
but the Town would be reimbursed. This item could be funded through Parkland Dedication Funds with the
understanding that it would be reimbursed. If the Town was not awarded the grant, the contingency plan would
be to resurface the trail in three phases.
Mayor Sanders commented that the North Central Texas Council of Governments recently announced that they
were accepting applications for Safe Routes to School grants and this trail allowed for a safe route for students.
Council Member Jensen remarked that the Parkland Dedication Fund was primarily for capital replacement.
Council Member Rowe agreed that this trail was used extensively to get children to school. If the trail was not
usable then it would cause some pause for residents. This appeared to be a priority that would be an immediate
issue.
Director of Parks and Recreation Jaramillo remarked that he would review the safety grant but the grant through
Texas Parks and Wildlife Department would be for a larger amount.
Town Council Retreat Minutes January 19, 2019 Page 4 of 10
Town CouncilPage 14 of 136Meeting Date: February 26, 2019
Director of Administrative and Financial Services Phillips discussed the potential to complete Plaza Drive through
the next debt issuance or to be developer funded.
Mayor Pro Tem Shoffner commented that potentially Plaza Drive should just be extended to the parking garage
and then allow the other side to be used for loading, etc.
Director of Administrative and Financial Services Phillips mentioned that a traffic study would be included with the
recently approved engineering and design proposal.
Mayor Sanders remarked that Staff should review all funding sources for the drainage aspect of Plaza Drive.
No action was taken on this item.
3. Discussion of and take appropriate action regarding Goals for the Fiscal Year 2019-2020 Budget; including
Capital Budget Items (T. Class).
Director of Administrative and Financial Services Phillips discussed the Fiscal Year 2019-2020 Budget specific to the
following Revenue Goals:
No tax rate increase and maintaining existing rate;
Pursue sound economic development opportunities;
Continue regional initiatives for the provision of services;
Explore additional partnerships;
Continue annual fee schedule review and adjustments;
Continue to seek creative and alternative means of revenue generation; and
Utilize dedicated funding sources.
Director of Administrative and Financial Services Phillips stated that Staff was seeking guidance to seek alternative
revenue options.
Mayor Sanders was concerned if the Town continued to issue debt to maintain the current I&S rate level because it
would set the tone for out years for debt service to control the budget. He recommended placing a cap for an
amount to be issued for debt and then anything over would need to go before the residents for a vote.
Council Member Rowe commented that generally when resident’s property values increase, they expect that their
tax rate will go down.
Council Member Jensen remarked that typically expenses could not be controlled. If the revenue was not there,
then a potential would be to reduce personnel. Staff has indicated that there was a serious concern and ways to
increase revenue should be determined without a tax rate increase; otherwise there would need to be
consideration on ways to reduce cost.
Council Member Fleury commented that the tax rate could not keep being lowered and still maintain the same
service level. She cautioned not to reduce personnel because residents expected a high service level.
Mayor Pro Tem Shoffner remarked that the Town needed to operate under the current rules given today. The
Town could not base decisions on a possibility of action that the Texas Legislature may or may not take.
Town Manager Class stated that at this point he did not see an ability to reduce personnel because that would
diminish service levels provided to the residents. Staff has been conservative and decreased expenditures
considerably.
Town Council Retreat Minutes January 19, 2019 Page 5 of 10
Town CouncilPage 15 of 136Meeting Date: February 26, 2019
Conversation ensued that each of the revenue cap bills that have been floating through the Texas Legislature
retained similar rollback mechanism that if the Council chose to keep a certain rate that exceeded it there was the
ability to put a rollback rate before the residents for a vote.
Director of Administrative and Financial Services Phillips continued with Expenditure Goals:
Keep annual recurring cost increases below inflation;
No new program expenditures;
Continue to embrace occasions to improve efficiencies;
Consider compensation increases for a leaner organization and competitive employment environment;
Limited use of Fund Balance for one-time non-recurring expenditures and Council initiatives;
Maintain funding for economic development initiatives; and
Create sustainable funding for equipment replacement fund initiative.
Director of Administrative and Financial Services Phillips advised that the proposed General Fund Budget would
equate to a 2.01 percent overall increase in revenues using the following forecasted assumptions:
4.5 percent property tax value increase;
3.0 percent sales tax revenue increase;
1 percent to 3 percent revenue increase for all other revenue; and
No new development related revenue.
Additionally, Director of Administrative and Financial Services Phillips reviewed the preliminary revenues and Fund
Balances for Fiscal Year 2019 and Fiscal Year 2020.
Finance Manager Zagurski discussed the Five-Year Forecast for Capital Replacement.
Council Member Jensen pointed out that the Parks Capital Replacement should reflect a projected amount in Fiscal
Year 2023.
Council Member Lamont inquired if the Information Services Replacement was strictly for Town Hall. Director of
Administrative and Financial Services Phillips responded that it included technology for each department and
changed year after year based on when equipment needed to be replaced.
Mayor Pro Tem Shoffner asked if the Trophy Club Municipal Utility District (TCMUD) No. 1 would contribute 100
percent or if the Town would contribute half for the EMS Capital Replacement items. Fire Chief Carroll responded
that the Town would pay for the EMS assets and the TCMUD No. 1 would pay for Fire assets.
Mayor Sanders inquired about potentially putting funding aside if the Council wanted to use Annex Building for
services. Town Manager Class responded that he would be discussing that matter during Executive Session.
No action was taken on this item.
RECESSED AT 10:26 A.M. FOR A BREAK
RECONVENED AT 10:41 A.M. INTO RETREAT SESSION
4. Discussion of and take appropriate action regarding communication processes (Mayor Pro Tem Shoffner and
Mayor Sanders).
Mayor Sanders advised that this item was to address how to better communicate with residents about zoning
changes specific to the attached forward-facing garages. He stated that the reason he got involved with Council
was years ago when he believed that he was not properly notified when a cell tower was being consider because
he was barely out of the 200 foot requirement to be notified. He mentioned that the City of Southlake
Town Council Retreat Minutes January 19, 2019 Page 6 of 10
Town CouncilPage 16 of 136Meeting Date: February 26, 2019
implemented first, second, and third readings of ordinances. The first would be to hear public comments, the
second would be to discuss proposed changes, and the third reading could be on the consent agenda for approval.
Mayor Pro Tem Shoffner commented that he would be in favor of multiple readings of ordinances since it would
be difficult for Staff to determine what items needed additional communication based on importance. Staff should
continue to adhere to required regulations set forth by the Texas Local Government Code and the Town’s Code of
Ordinances. At one point, former PIO/Marketing Manager April Reiling prepared a recap of each Council meeting
but that ended when she left. It may be of benefit to have the current Communications and Marketing Manager
Jill Lind begin preparing those recaps.
Council Member Jensen was in favor of having multiple readings of ordinances.
Council Member Rowe agreed that it may be beneficial to have multiple readings of ordinances. He mentioned
possibly moving forward with zoning ordinances that required a public hearing and have a preliminary non-action
item for the first reading of an ordinance.
Town Manager Class remarked that having three readings of an ordinance may be of benefit. He cautioned about
deviating from already established communication processes for items based on subjectivity.
Town Attorney Dodd advised that three readings could be applied to ordinances that required a public hearing or
that had a penal provision.
Mayor Pro Tem Shoffner suggested having a history section within Staff Reports because the Planning and Zoning
(P&Z) Commission did not realize that detached garages were currently allowed when this item was discussed at
their January 3, 2019 meeting. Additionally, he recommended following the P&Z Commission meeting calendar in
order to help with the flow of items. He pointed out that there was a Council meeting calendar that should be paid
attention to because the Council only met once in certain months.
Mayor Sanders commented that he would be fine to have the second and third reading of an ordinance at the
same Council meeting if there were cases that needed to be considered quickly.
Town Attorney Dodd suggested opening the public hearing at the first reading and continuing it to the second or
third reading.
Council Member Fleury commented that there were several mechanisms in place to notify residents. She
recommended reminding residents that there was a Town alert system that allowed them to choose how to be
notified.
Mayor Sanders remarked that text messages could be sent to residents through Everbridge to notify them. Town
Manager Class responded that Staff had received several complaints from residents when information was
distributed through Everbridge because several categories of information were linked to the system, such as
severe weather and annual events.
No action was taken on this item.
5. Discussion of and provide direction regarding communication to citizens about Council Actions (Mayor
Sanders and Mayor Pro Tem Shoffner).
Mayor Sanders stated that former PIO/Marketing Manager Reiling used to prepare a recap of each Council
meeting. He was in favor of resuming a recap to be more official as opposed to Council trying to communicate
what took place at each meeting.
Town Council Retreat Minutes January 19, 2019 Page 7 of 10
Town CouncilPage 17 of 136Meeting Date: February 26, 2019
Town Manager Class understood the concerns and explained that Staff has taken great steps to increase
communications with residents of Council meetings through the required agenda postings, as well as on FaceBook,
Twitter, and YouTube. The issue would be Staff time and possibly having a Staff member create a synopsis that
contradicted the minutes.
Town Attorney Dodd mentioned that there could be a conflict with a walking quorum if Council Members replied
back to an email.
Mayor Pro Tem Shoffner advised that the last recap was for the February 10, 2015 Council meeting. The recap did
not need to go into detail; it should just be the agenda item and the vote. The recap was sent through an email
the following day after a Council meeting and there was a link to watch the Council video.
Council Member Jensen assumed that Communications and Marketing Manager Lind could send out a quick recap.
Council Member Rowe confirmed that the recap was worth exploring and should basically just state the agenda
item and include any action taken.
Mayor Sanders felt that it would be beneficial to proceed with Council meeting recaps because it allowed residents
to view what actions occurred without having to watch the entire Council meeting.
No action was taken on this item.
6. Discussion of and provide direction regarding the Fire Department CERT program, including possible funding
aspects (Mayor Sanders and Mayor Pro Tem Shoffner).
Mayor Sanders added this agenda item because of recent discussions to assist in the funding of the Trophy Club
Emergency Volunteers Association (TCEVA) to help with emergency responses, such as the flooding that occurred
last year due to severe weather. He commented that Council Member Jensen had an idea to create a volunteer
citizen response team to assist in those types of events. Mayor Sanders wanted to allow discussion on how to
activate the volunteers and determine if funds needed to be budgeted.
Fire Chief Carroll explained that the Fire Department uses TCEVA to augment services provided. There has been
some confusion in the difference between the Community Emergency Response Team (CERT) and TCEVA. TCEVA
were local volunteers that supported the Fire and Police Departments through package patrols and rehab teams to
bring water, Gatorade, etc. at emergency scenes. CERT was a program housed under Denton County and served
multiple jurisdictions. Since CERT was run by Denton County, the volunteers were trained to do certain tasks such
as setting up blockades and directing traffic. There would be a legal issue for them to help someone who was
injured. He and Police Chief Arata were reviewing the ways that TCEVA and CERT could meet the needs of the
Town. The goal was to have a local team by the Summer 2019 and establish policies to ensure their protection.
Conversation ensued that TCEVA was a 501(c)(3) organization and was a separate entity from the Town; therefore
it may not be appropriate to use the Town website to solicit items that TCEVA needed.
Council Member Jensen inquired if there were any costs or equipment that the Town was providing. Fire Chief
Carroll responded that the Town covered the cost for the vehicle maintenance and all their equipment was
purchased through a Police grant.
Mayor Pro Tem Shoffner asked if the volunteers could enter homes to assist in the lifting and moving of furniture.
Fire Chief Carroll responded that the TCEVA members could enter houses but the majority of CERT volunteers were
retired and some were physically unable to lift or move heavy objects.
Di
scussion took place to establish a phone number and contact person for emergency situations where a resident
needed a tree cut down, etc. due to inclement weather.
Town Council Retreat Minutes January 19, 2019 Page 8 of 10
Town CouncilPage 18 of 136Meeting Date: February 26, 2019
No action was taken on this item.
RECESSED AT 11:40 A.M. FOR A BREAK
RECONVENED AT 12:08 P.M. INTO RETREAT SESSION
7. Consider and take appropriate action regarding the 2019 Council Meeting Schedule (Council Member Jensen
and Mayor Sanders).
Town Secretary Fimbres advised that Staff believed it was appropriate to cancel the following Council meetings:
January 22, 2019
March 12, 2019
July 9, 2019
November 26, 2019
December 24, 2019
Motion:
Motion made by Council Member Jensen, seconded by Council Member Fleury, to approve the 2019 Council
Meeting Schedule.
Council Member Jensen mentioned proceeding with having an early workshop session every three months
because he believed it would be a huge value to work together in an informal setting.
The vote was taken.
Motion carried unanimously 6-0-0.
Council Member Jensen commented that the workshop sessions could start about one hour before a Council
meeting.
Mayor Sanders was in favor of having a workshop session once a quarter and have dinner provided.
Council Member Lamont agreed that it would be a good idea to have more round table discussions.
Mayor Sanders supported starting the workshop an hour before a Council meeting and recess by 6:45 p.m. to
allow preparation to enter into Regular Session.
Council Member Jensen suggested holding the workshops in the Training/EOC Room.
(Town Secretary Note: After completing Agenda Items 1 through 7, Council and Staff revisited Agenda Item No. 1)
EXECUTIVE SESSION
8. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A) Section 551.071 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:
Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (T. Class)
B) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange,
Town Council Retreat Minutes January 19, 2019 Page 9 of 10
Town CouncilPage 19 of 136Meeting Date: February 26, 2019
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:
1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem
Shoffner and Council Member Kurtz)
2) North of State Highway 114, west of Trophy Club Drive (T. Class)
C) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment,
evaluation and duties of a public officer or employee:
1) Quarterly Goals and Contract Review of Town Manager Thomas M. Class, Sr. (Town Council)
2) Quarterly Goals and Contract Review of Town Attorney J. David Dodd III (Town Council)
3) Quarterly Goals and Contract Review of Town Secretary Holly Fimbres (Town Council)
CONVENED INTO EXECUTIVE SESSION - START TIME – 12:30 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 3:43 P.M.
(Town Secretary Note: Council Member Rowe left during Executive Session)
RECONVENED INTO RETREAT SESSION
9. Consider and take appropriate action regarding the Executive Session (T. Class).
Motion:
Motion made by Council Member Lamont, seconded by Council Member Fleury, to approve the personnel matters
that Council discussed in Executive Session.
Motion carried unanimously 5-0-0.
ADJOURN
Mayor Sanders adjourned the meeting at 3:44 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Retreat Minutes January 19, 2019 Page 10 of 10
Town CouncilPage 20 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-099-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
February 12, 2019 (T. Class).
Attachments:
Draft TC Regular Session Minutes February 12, 2019.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSessionMinutesdatedFebruary12,2019(T.
Class).
Town CouncilPage 21 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY, FEBRUARY 12, 2019, 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, February 12, 2019. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Mayor Pro Tem, Place 6
Alicia L. Fleury Council Member, Place 1 arrived at 7:07 p.m.
Eric Jensen Council Member, Place 2
Greg Lamont Council Member, Place 5
TOWN COUNCIL MEMBERS ABSENT:
Tim Kurtz Council Member, Place 4
STAFF PRESENT:
Tom Class Town Manager Lisa Payne Town Planner
David Dodd Town Attorney Jonathan Phillips Director of Administrative & Financial Services
Holly Fimbres Town Secretary/RMO Tommy Uzee Director of Community Development
Patrick Arata Police Chief Steve Woodard Police Captain
Tony Jaramillo Director of Parks and Recreation Steve Zieverink Information Technology Specialist
Mike Pastor Information Technology Manager John Zagurski Finance Manager
Mayor Sanders announced the date of Tuesday, January 8, 2019, called the Town Council to order and announced
a quorum at 7:00 p.m.
The Invocation was offered by Town Secretary/RMO Fimbres.
The Pledges to the American Flag and Texas Flag were led by Council Member Jensen.
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.
Ron Yeasley, 224 Fresh Meadow Drive, spoke against allowing attached forward-facing garages (Agenda Item No.
16). He provided some history regarding Ben Hogan helping create the Trophy Club Country Club which made the
Town a golfing community. The Town was also named after Mr. Hogan in 1985 because he gave his trophies to the
Country Club. When the homes surrounding the Hogan’s Golf Course were built, they were not allowed to have a
garage facing the golf course or the street. He stated that only one home in the Seminole Drive and Fresh Meadow
Drive that had been given special permission to have a garage facing the street because it was on a corner of two
streets. He asked that when the Council reached Agenda Item No. 16 that they did not start changing the codes
because he felt that it was destroying the legacy that was established approximately 44 years ago after Ben Hogan.
Town CouncilPage 22 of 136Meeting Date: February 26, 2019
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update and provide input regarding the following (T. Class):
May 4, 2019 General and Special Election – The filing period for place on the May 4th General Election
ballot for Council Member Place No. 5 and Council Member Place No. 6 on the Trophy Club Town Council
ends at 5 p.m. on February 15th. The filing period for place on the May 4th Special Election ballot for
Council Member Place No. 3 on the Trophy Club Town Council ends at 5 p.m. on March 4th. Additionally,
early voting for the February 23, 2019 Special Election has begun and ends on February 19th. Election
Day will be on February 23rd and the polls will be open from 7 a.m. to 7 p.m. at Trophy Club Town Hall.
Communication Process – Beginning February 19th Staff would begin posting on the Town’s website the
summary of Town Council actions from each meeting.
Loop Road –Town Manager Class went into great detail and provided the following statement:
As Council is aware, the concept of a Loop Road for Trophy Club, in some form or fashion, has been in existence
since the Town’s formation, and in fact, was first noted in the original Grapevine Lake Master Plan of 1971 as
amended in 2001. Since that time previous Town Councils have on again - off again looked into the feasibility of
the road from public safety and convenience, logistical, and financial perspectives without resolution.
A significant setback for the Loop Road occurred in 2001 with the adoption of the revised Grapevine Lake Master
Plan, which was a supplement to the original Master Plan of 1971. The revised plan identified Environmentally
Sensitive Areas (ESA) for the purpose of minimizing the number of future easements (or crossings) granted.
In early 2014 there appeared to be a renewed interest in determining the feasibility of a Loop Road from the Town
Council, and in fact, an engineering study was completed for a low water elevated bridge crossing. The projected
engineering and construction cost at the time was $5.3 million dollars, and shortly thereafter, discussions began in
earnest with the Army Corp of Engineers (COE) to secure easements for the road.
The Loop Road proposal was dealt a significant blow in December 2014 when the Town received an official denial
letter from the COE citing Federal restrictions on the granting of easements within designated ESA’s. Following the
denial very little, if any, follow up was conducted until I re-engaged COE officials in mid-2017. Since that time I
have been in frequent personal contact with the COE’s Grapevine Lake Manager, and have held four meetings with
COE staff in an effort to seek some resolution on the easement issue.
In November 2017 I met with COE officials to further discuss the Loop Road, to determine if anything, regulatory or
otherwise, had changed from the COE perspective since the December 2014 denial, and to determine what
options were available in moving forward with an appeal.
At the meeting COE officials confirmed the following facts pertinent to the Loop Road, and the unlikelihood of a
positive result in appealing the 2014 decision:
1.The Master Plan remains in effect and there are no post-2014 changes to the ESA designation that would
be favorable to Trophy Club’s Loop Road request.
2. Recent changes to the Clean Water Act and the definition of what constitutes Waters of the US (WOTUS)
were not tied to the ESA designation.
COE officials further confirmed that because the following restrictions were placed on granting future easements
across COE land:
1.Requests would only be granted when no practical alternative exists.
2.Requests must have the least identifiable environmental and visual impact.
3.Requests must consider routing the easement to adjacent land outside the ESA when possible.
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In addition to the ESA restrictions, COE officials placed yet another hurdle in front of the Town; that being the
requirement to prove the following “demonstrated needs” for construction of the road:
1.Whether adjacent private land is available outside the ESA that could be utilized for the easement
(Negative – Contact with Trophy Club Country Club General Manager indicated any modification to the
course would likely not be approved).
2.Whether the proposed roadway traverses multiple jurisdictions and qualifies as a regional arterial
(Negative – the roadway does not qualify as a regional arterial).
3.Whether there is a demonstrated “public safety” need (Negative – the TCPD and TCFD Chiefs conducted
an analysis of emergency response times and determined the overall public safety posture was not
significantly improved with the addition of a Loop Road).
According to COE officials, a successful appeal of the 2014 decision was highly unlikely, but should the Town desire
to move forward with an attempt it would emanate at the local Grapevine Lake office and follow a logical
progression through the Regional office, Fort Worth office, National Corps office, and ultimately to the Department
of the Army. The final decision rested with the Assistant Secretary of the Army for Civil Works, who is the only
individual with the authority to override existing national policy related to ESA designations.
Despite the COE’s opinion on the potential for a successful appeal, on October 2, 2018, the Town Attorney
submitted by letter an official appeal of the 2014 decision. Additionally, I engaged the office of United States
Congressman Michael Burgess, who requested by letter a formal inquiry into the matter.
As a follow up to the Town’s appeal and the Congressional inquiry, the Town Attorney and I again met with COE
officials in November 2018 to further the Loop Road discussion; and in particular address the COE response to
Congressman Burgess. Present at the meeting were COE officials from the Grapevine Office representing the Legal,
Real Estate, Recreation, and Environmental Divisions. Each Division official had an individual perspective on the
Loop Road, and none were in support of granting access easement for construction.
The Congressional response reiterated the COE’s position that the proposed “Loop Road” was not in alignment
with established environmental policies based on the impact to the previously established ESA designation, and
was not compliant with the COE’s current Road Policy and Non-Recreational Outgrant Policy. The letter referenced
three potential alternatives in seeking a compromise with the Town, as indicated below:
1.Rebuild Old King Road which was previously abandoned;
2.Construct a bridge over a narrow piece of Government property; and/or
3. Pursue a land exchange.
Discussion of the “Old King Road” alternative was undertaken and the idea soon dismissed based upon the need
for City of Southlake access and approval, a more significant impact on a previously designated ESA, and apparent
conflicts with both the Road and Non-Recreational Outgrant policies.
Discussion centered on the construction of a bridge over a narrow piece of Government property was undertaken
and the idea soon dismissed based upon previous concerns expressed by Trophy Club Country Club officials with
changes to the existing golf course, and the 90 degree angle of the roadway which would inhibit emergency
response.
Discussion centered on a possible land exchange was undertaken and the idea soon dismissed based upon the
necessity of Congressional approval for any such transaction, COE policy which necessitates any such transaction
benefit the primary COE mission (flood control), and the fact that the only potential Town property available to
exchange (Canterbury Hills adjacent the COE trail head), is not within the flood plain and consequently of no
interest to the local COE office.
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In addition, the meeting with COE officials revealed other potential obstacles to the Loop Road not previously
disclosed. The main issue is the ESA designation which still remains. Discussions further confirmed that all available
routes for the Loop Road would traverse through the ESA which would continue to draw additional scrutiny from
Government officials, and in all likelihood, result in a denial.
Additional obstacles presented during the meeting included:
1.Any construction of a Loop Road would require heightened environmental approvals from not only the
COE but also the Federal Environmental Protection Agency (EPA). The COE Environmental official advised
the area in Trophy Club Park and Marshall Creek was considered a “high-value quality habitat” based on
the existence of rare “bottom land hardwoods.” Because of this the Town would be required to mitigate
any damage to trees (much like the town requires developers to mitigate under Town ordinances). The
mitigation ratios the official proposed were between 6:1 and 12:1 caliper inches. These ratios mean the
Town would be required to mitigate every caliper inch of tree destroyed by the Loop Road with anywhere
between six caliper inches to 12 caliper inches.
2.The project would also require a “404 Permit” under the Clean Water Act. This Permit is granted by the
EPA and separate from any action or consideration of the COE. The “404 Permit” also requires mitigation
for fill dirt or other materials brought into clean water or wetlands, and the mitigation costs are in
addition to the COE mitigation costs for trees. Additionally, the Town would have to demonstrate the
Loop Road project met the “Least Environmentally Damaging Practical Alternative” standard before
consideration by other authorities outside the EPA.
3.Other unknown environmental issues could easily be discovered as the project progresses, and would
likely be raised by the COE, EPA, Texas Commission on Environmental Quality (TCEQ), or any other agency
with environmental or flood control jurisdiction.
In addition, COE Legal and Real Estate officials expressed the following concerns:
1.Whether the COE would entertain granting additional easements through COE property land.
2.Whether the COE would entertain granting expansion of existing easements through COE property land.
The existing Trophy Club Municipal Utility District (TCMUD) No. 1 easements are 15 feet and would
presumably require expansion to 80 feet to accommodate the Loop Road. Additionally, current
agreements in place with the MUD require “boring” for the construction of pipelines so as not to disturb
the existing ESA ecosystem. Construction of a Loop Road, whether ground level or by bridge would
presumably disturb the ESA ecosystem, and therefore would be inconsistent with the existing easement
agreements, and would certainly result in increased scrutiny and require additional levels of approval.
3.Whether granting the easement would fit with the public purpose (recreational) the COE is charged with
at Lake Grapevine.
4.Whether granting the easement would interfere with the COE purpose (flood control) at Lake Grapevine.
5.Whether conveyance of COE property for construction of a Loop Road would require Congressional
approval, or approval at a lower level.
In addition, the COE Recreation official expressed the following concern:
1.The overall effect the Loop Road would have on previously designated recreational land. Recreation areas
are highly regulated and roadway construction results in additional scrutiny and requires higher levels of
approval based on this designation.
Based upon updated projections from the Town’s engineering firm, the cost of the Loop Road has risen from $5.3
million dollars in 2014 to $7.1 million dollars in 2019, and would be expected to rise to $9.5 million dollars within
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five years, and $12.7 million dollars within 10 years. Issuance of a GO Bond, which would require voter approval,
would potentially result in a corresponding 2.5 to 3.5 cent increase to the Town’s I&S Rate.
Engineering, construction, and finance costs aside, the Town Attorney has also made it clear from a legal
standpoint that further litigation would take an extensive effort, be protracted and expensive, and in all likelihood
would not be successful given the consistent feedback from COE officials beginning in 2014, and ending as recently
as November 2018, with the Appeal and Congressional Inquiry follow up meeting.
At this point it appears clear from every interaction with COE officials that the established multi-agency Federal
review process can and will be used to thwart any future attempt the Town makes to secure approval for the Loop
Road, and that any continued effort on the Town’s part will be determined by Federal authorities to lack merit.
Council Member Lamont inquired about what it would take for the Town to purchase the land. Town Manager
Class responded that the issue was that the Corp would not sell the land but would consider a trade for Town land.
The Corp, however, made it clear that the Town did not have land adjacent to Corp property that would be of any
value to them.
Mayor Sanders commented that the only land available would be Country Club land, which would take away
driving range space.
Town Manager Class added that he spoke with Country Club representatives and anything that would disturb the
integrity of the course would be highly unlikely to receive any type of approval to use their land.
2. Receive an update regarding the Kindness Awareness Events and the 2019 March of Dimes, March for
Babies Campaign Event (Mayor Sanders and Council Member Fleury).
Council Member Fleury advised that the second annual Campaign 4 Kindness has already started off successfully
with a presentation at Byron Nelson High School and Beck Elementary School. Additional presentations would
occur at Medlin Middle School and Lakeview Elementary School. The Yellow Envelope Project was part of the
campaign, which was a traveling mailbox to be at all the schools and one mailbox would travel to different
businesses through the Town. The mailbox at the schools would allow students to write a letter to a fellow
student or school staff member to thank them or recognize something kind about that person. The first weekend
for a business to have the mailbox was at Marco’s Pizza and they kindly offered 10 percent off an order if you
dropped off a letter. This coming weekend the mailbox would be at 7-Eleven and they compassionately donated
$700 to help fund the presentation held at Byron Nelson High School. Later in the month the mailbox would be at
Tom Thumb and then at Town Hall. Additionally, the Fun Run 4 Kindness would be held at 8:00 a.m. on February
23rd. Exceptional examples of kindness and education will be in attendance or have booths at the run, including
March of Dimes, the Jogging 4 Joseph group (coordinated by Xplor Preschool in memory of and supporting
awareness of Joseph Diet who passed away from Congenital Heart Defect), and Run Ranger Run advocates and
representatives with GallantFew will be in attendance to highlight the difficulties that veterans face when
transitioning home from deployment.
Mayor Sanders reiterated that March of Dimes would be at the Fun Run 4 Kindness event to allow individuals to
sign up to participate in the March for Babies event that will be held on April 13, 2019 in Fort Worth. He
encouraged residents to put together teams and to seek pledges to help raise funds for such a noteworthy case.
3. Receive Town Council Liaison update; discussion of same (T. Class):
*Parks and Recreation Board, January 21, 2019
Council Liaison - Council Member Alicia L. Fleury
Council Member Fleury first recognized Police Chief Arata and the Police Department for installing the cameras at
the Dog Park. Recently there was an arrest at the Dog Park of a convicted felon who was armed, had laced candies
with THC, and was targeting Town children. This has moved onto the United States Attorney’s Office as a federal
case.
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Additionally, she advised that the Parks and Recreation Board discussed the following topics at their January 21,
2019 meeting:
Pruning of the tree canopies;
Trailhead cleanup at the end of TW King Road;
A new swing was installed that was compliant with Americans with Disabilities regulations at the Dino
Playground;
New disc golf signs will be ordered and installed;
Christmas in the Park, Gingerbread House Decorating, and Goat Yoga were all successful events;
The Board voted to rename Bobcat Trail in Trophy Club Park to Whitetail Trail and to rename the North
Linear Trail to Bobcat Trail;
Removed the Bradford Pear trees in the medians on Trophy Lake Drive and Indian Creek Drive in order to
landscape the medians; and
Pool season was approaching and job opportunities would be available.
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.
4. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated January 8,
2019 (T. Class). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding the Town Council Special Session Minutes dated January 28,
2019 (T. Class). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
6. Consider and take appropriate action regarding the financial and variance report dated November 2018 (T.
Class).
7. Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2019 (T.
Class).
8. Receive Annual Racial Profiling Report (T. Class).
9. Consider and take appropriate action regarding an Election Agreement and Contract between the Town of
Trophy Club and Tarrant County Elections for administration of the Town’s February 23, 2019 Special
Election; and authorize the Mayor or his designee to execute all necessary documents (T. Class).
10. Consider and take appropriate action regarding an Election Agreement and Contract between the Town of
Trophy Club and Denton County Elections for administration of the Town’s February 23, 2019 Special
Election; and authorize the Mayor or his designee to execute all necessary documents (T. Class).
11. Consider and take appropriate action regarding a Joint Election Agreement and Contract between the Town
of Trophy Club and Denton County Elections for administration of the Town’s May 4, 2019 General and
Special Elections; and authorize the Mayor or his designee to execute all necessary documents (T. Class).
12. Consider and take appropriate action regarding a Resolution approving the submission of a Grant
Application to participate in the U.S Justice Assistance Grant Program for the Police Department;
authorizing the Town Manager or his designee to execute all necessary documents; and providing an
effective date (T. Class).
13. Consider and take appropriate action regarding a Resolution approving the submission of a Grant
Application to participate in the Drug Interdiction and Juvenile Justice Program Grant for the Police
Department; authorizing the Town Manager or his designee to execute all necessary documents; and
providing an effective date (T. Class).
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14. Consider and take appropriate action regarding a Proclamation of the Town Council supporting the 2019
March of Dimes, March for Babies Campaign in Trophy Club; and providing an effective date (Mayor
Sanders).
Motion:
Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Lamont, to approve the Consent Agenda
Items 4 through 14.
Motion carried unanimously 5-0-0.
REGULAR SESSION
15. Consider and take appropriate action to amend Economic Development Agreements with OTD TC, LLC; and
authorize the Mayor or his designee to execute all necessary documents (T. Class).
Director of Administrative and Financial Services Phillips introduced the item. The strategic link was Administrative
& Financial Services – Exercise fiscal discipline in all Town operations. In January 2015, the Town of Trophy Club,
the Tax Increment Reinvestment Zone (TIRZ) No. 1, and Economic Development Corporation (EDC) 4B entered into
a Chapter 380 agreement with Old Town Development (OTD) to build two restaurants. EDC 4B agreed to pay
$140,773.00 annually, not to exceed $1,064,278.25. TIRZ No. 1 agreed to pay $1,000,000 in reimbursements for
public improvements, plus the interest costs on those improvements. The developer for these incentives was to
obtain two executed restaurant leases within 24 months. Within 36 months, the developer was to obtain two
Certificates of Occupancy (CO) for two restaurants on the property by January 22, 2018. There have been two
extensions to the CO date to November 22, 2018 and March 22, 2019. EDC 4B has paid out a total of $569,018.32
out of the $1,064,278.25 incentive. TIRZ No. 1 has paid out a total of $751,054.74 out of the $1,000,000. The total
remaining incentive left to be paid to date is $744,205.19. Based on the current agreement, the Town forecasted
six months of operation in the fiscal year 2019 budget. EDC 4B and TIRZ No. 1 met in Joint Session on January 29,
2019, and they approved to amend the proposed CO date from December 31, 2019 to May 31, 2019. Council had
the following options:
Approve as presented;
Renegotiate the agreements with OTD; or
Leave the agreements as is with a Certificate of Occupancy due date of March 22, 2019.
Mayor Sanders inquired where the funds came from to accomplish this task. Director of Administrative and
Financial Services Phillips responded that it came from two funding sources which were EDC 4B (a portion of sales
tax) and TIRZ No. 1 (incremental property tax in the district).
Justin Springfield with OTD discussed their recent projects in the City of Roanoke, Town of Flower Mound, and City
of Lewisville. OTD focuses on the operator and try to bring in a destination type use. In 2014, OTD put together
the framework of a developer agreement. The first tenant they identified and sought was Bread Winners. The
property on Trophy Wood Drive was incredibly challenging due to easements, setbacks, and powerlines would only
allow construction of a building approximately 3,500 square feet. Elias Pope, Owner and Operator of HG Sply,
desired a mixed use of an indoor and outdoor experience with three restaurants, two bars, coffee shop, and
flexible meeting space. Therefore the dates established in 2014 could not have had foresight that this project
would have grown exponentially in scope, expense, and footprint. They were almost able to complete the second
restaurant but they were requesting a little extra time.
Chris Gordon with OTD spoke about the financial terms and stated that as of March 14, 2014, OTD had not asked
for additional funds to be added to the developer agreement. In 2014, they were not required an investment
amount but was only requested to meet a $2,500,000 appraised value. OTD has invested collectively in Bread
Winners and HG Sply over $12 million. They have requested for two time extensions. Between Bread Winners and
HG Sply, they would be two of the top five employers in Trophy Club with 135 to 175 part-time jobs and 45 to 55
full-time jobs. They projected four to five million in revenues per year for both sites but now project $10 to $14
million. The property tax values have gone from two million to seven million. The square footage has gone from
10,500 to over 38,000 square feet. Additionally, they were only required to bring two restaurants but instead have
brought five restaurants, and a lease term of 10 years with each restaurant but they have a 15 year term lease with
a five year option with both restaurants.
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Mr. Pope commented that his first management job was the general manager for the Saltgrass Steak House in
Grapevine for eight years, which has given him the experience needed for a hiring base. They have already hired
their leadership and chief team for this venue. To create such a dynamic space took time and the rain was the
contributing factor in not being able to meet the March 22, 2019 deadline. He had not worked with a group
before like OTD who was so passionate about the community and about his vision.
Levi Hooten with GFF Architects was present to address any questions.
Council Member Fleury asked about the building footprint starting out at approximately 3,500 square feet because
of the lot configuration and powerlines. Mr. Gordon responded that a blend was going to be about 3,500 square
feet but it now sits at over 25,000 square feet.
Mayor Sanders remarked that the EDC 4B and TIRZ No. 1 extended the agreements to May 31, 2019 and asked if
OTD would be able to make that date. Mr. Gordon responded that they would have to make that deadline. Their
goal was mid-March but there were always unknowns in construction.
Council Member Lamont commented that prior to January 8, 2019, he would have voted for this but he and
Council Member Fleury were attacked and yelled at over other areas about this. He stated that Mr. Springfield
insinuated on Facebook that he, Council Member Fleury, or Staff were leaking information. He felt that he was
trying to intimidate them to vote for this. He was entitled to have his own opinion and he would not be voting in
favor of this item. He wished them the best to get the project opened.
Council Member Jensen asked when the current contract would expire. Director of Administrative and Financial
Services Phillips responded that would expire March 22, 2019.
Council Member Jensen inquired what would occur if the contract expired without an extension and who would be
liable for future payments if it was terminated. Town Attorney Dodd responded that it would be a termination of
the contract and that the Town’s obligation for payments would terminate.
Council Member Fleury stated that she was not going to let comments made on Facebook have a bearing on her
vote here. Her job was to do what was best for the Town and its residents no matter what others say. She
appreciated OTD’s presentation tonight and reiterated that Facebook did not determine her vote.
Council Member Jensen asked what would happen to the property if the contract terminated. Town Attorney
Dodd responded that Section 3.1.1 stated “the Developer has purchased the property” which was OTD and the
Town’s obligation was to pay an amount equal to the note. If the contract expired that obligation terminated.
Council Member Jensen remarked that if this contract was voted against it would tell any other developer to stay
away. The Town should be a business friendly environment. He would definitely be voting in favor of the
extension.
Mayor Sanders commented that OTD did a good job pointing out that the original vision was not what the reality
was today. He was pleased to see a venue that would be a destination restaurant. He did not want to be at the
last minute and realize one week away that they may not have been able to meet the CO date.
Motion:
Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Jensen, to approve the amended
Economic Development Agreements with OTD TC, LLC as presented; and authorize the Mayor or his designee to
execute all necessary documents.
Town Attorney Dodd added that the Town would not own the property if the contract expired. If the CO
obligations were not met, the Town would have the right to purchase the property or require the sale of it.
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Council Member Lamont commented that the Town has been business friendly because they were already given a
two year extension.
Council Member Fleury thanked Town Manager Class for bringing the March 22, 2019 CO deadline to everyone’s
attention in order for appropriate action to be taken.
The vote was taken.
Motion carried 4-1-0 with Mayor Sanders, Mayor Pro Tem Shoffner, and Council Members Fleury and Jensen
voting in favor, and with Council Member Lamont voting against.
16. Case O-AMD-18-001 (Attached Forward-Facing Garages)
A) Conduct a Public Hearing regarding a request to amend residential garage regulations in Sections
14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156(h), and 14.02.159(h) of the
Trophy Club Code of Ordinances to allow for attached forward-facing garages that are in addition to the
two-car garage minimum (T. Class).
Mayor Sanders opened the public hearing at 7:59 p.m.
Town Planner Payne stated that the purpose of this item was to consider a request to amend residential garage
regulations to allow attached forward-facing garages that were in addition to the two car minimum. The strategic
link was Nature & Beautification - Maintain Town assets, services, and codes of ordinances that preserve the
natural beauty of the Town. Attached garages were currently not allowed to face the street but Council has
directed Staff to prepare an ordinance amendment to allow attached third and fourth car garages to face the
street, just as detached garages were allowed. Detached garages were allowed to face the frontage street if
setback 45 feet from the front property line and they were also allowed to face the side street if setback 35 feet
from the side property line. The proposed amendments replicate the existing detached garage restrictions so that
a homeowner had the choice to build an attached garage and protect the aesthetics, value, and functionality of
their home. If approved, all the garages in straight zoned districts would still not be allowed to face the golf course
and first and second car garages would still not be allowed to face the street. Furthermore, this proposal did not
recommend any changes to the detached car garage regulations. Additionally, the Planning and Zoning
Commission ultimately forwarded no recommendation to Council after a 3-3 vote at their January 3, 2019 meeting.
She displayed a map that showed where attached forward-facing third car garages were currently allowed,
proposed to be allowed, and not allowed.
Mayor Pro Tem Shoffner inquired if all the zoning districts that were identified in yellow (proposed to be allowed)
were already currently allowed to have the detached garage. Town Planner Payne confirmed that was correct.
Mayor Pro Tem Shoffner asked if what the Council was proposing was more restrictive than what was already
currently allowed. Town Planner Payne confirmed that was correct.
Mayor Pro Tem Shoffner questioned if a detached garage with a breezeway that connected the garage and house
would be considered as either attached or detached. Director of Community Development Uzee responded that it
would be considered attached if it was within 10 feet of the primary structure.
Mayor Pro Tem Shoffner inquired if the zoning districts in yellow would be allowed to install a detached garage
with breezeway if it was within 10 feet of the primary structure. Director of Community Development Uzee
confirmed that they would not be allowed given those circumstances because it would be considered attached,
which was not currently allowed.
Mayor Sanders noted that there were a number of residents in attendance who had R-15 zoned lots. He asked
what those residents could do and not do if they wanted to build a garage today. Town Planner Payne responded
that they could build a detached garage that may or may not face the street, they could build a garage attached to
their home that faced the side of their property, they could not build a garage that faced the golf course, and they
could not have an attached garage facing the street.
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Mayor Sanders remarked that a resident brought to his attention that they thought there were original zoning
aspects of their lots that did not allow accessory structures. Town Planner Payne responded that these lots were
developed in the 1970’s, which would predate the Town’s incorporation, so they may have had covenants of
restrictions.
Mayor Pro Tem Shoffner researched this topic and located Ordinance No. 1987-23 that was adopted on September
21, 1987, that established R-Section 3 Single Family District Regulations, which was known as R-15 today. This
ordinance essentially established what was currently allowed and not allowed today, including allowing detached
garages.
Mayor Pro Tem Shoffner asked if a one story was allowed for an accessory structure. Town Planner Payne
responded that the maximum height for an accessory structure would be 20 feet and was not allowed to be a
habitable structure.
Ramona Deaton, 218 Fresh Meadow Drive, asked if the R-15 zoning was changed in 1987 and was no longer in
existence. Mayor Pro Tem Shoffner responded that in 1987 it was considered as R-Section 3 and was later
amended to R-15 zoning. It was the same regulations but with a different name for the zoning title. He added that
the Town was incorporated in 1985. Prior to 1987, the Town was unaware what was allowed and not allowed
according to their covenants of restrictions.
Ms. Deaton inquired about the setbacks currently allowed. Mayor Sanders responded that the building could not
be closer than six feet from their property line.
Ms. Deaton asked if she could build a three car garage going sideways all the way to 25 feet from the back
property line. Town Planner Payne responded that if it were detached then she could go up to 6 feet from the
property line.
Ms. Deaton commented that one of the reasons that residents on Seminole Drive and Fresh Meadow Drive were
appealing this item was because they wanted to keep their golf course views with no obstructions. As a realtor,
she believed that this change would affect property values. She naturally was already opposed but assumed it was
already too late if it was already allowed.
Council Member Jensen asked Ms. Deaton if she was one of the residents who sent the Council a form letter and if
so, did she still oppose the changes after the presentation tonight. Ms. Deaton responded that she did send a
letter and she still agreed that no changes should be made. She was greatly astonished that what was currently
allowed was different than what she assumed when she purchased her home in 1983. She was opposed to being
able to build a structure today up to six feet from the property line.
Council Member Jensen mentioned that one item that was discussed at the Council Retreat was to potentially have
more than one public hearing on this issue.
Discussion took place that current regulations allowed for a detached forward facing garage with the ability to go
up to six feet from the back and side property lines. The proposed change was more restrictive to allow an
attached forward-facing garage with the ability to only go up to 25 feet from the back property line and 12.5 feet
from the side property lines.
Council Member Lamont recommended possibly looking at the whole picture of attached versus detached
structures and potentially review variances instead.
Sally Tatarowicz, 217 Fresh Meadow Drive, has been a resident for 31 years and she taught at Beck Elementary
School for 13 years. She read comments for her neighbors Patricia and Ken Keefer who could not attend the
Council meeting: “We ask the Town to consider vastly more proactive and individual notification when a zoning
change will impact a property owner. This request is being made because we were alarmed and disturbed that the
zoning for our property could be changed without having us, as the owners, be individually notified that a zoning
change was under consideration. In a sense, when we purchased our property and home, we signed up to obey
Town Council Minutes February 12, 2019 Page 10 of 14
Town CouncilPage 31 of 136Meeting Date: February 26, 2019
the land use terms and conditions. Because we obey the land use terms and conditions, we expect the Town to
honor its end of the governance of these terms. Re-writing rules without enough notice to property owners that
will be impacted is what needs to be addressed.” Ms. Tatarowicz agreed with what was in Ms. Keefer’s letter and
thanked the Council for allowing their input.
Kathy Salas, 103 Seminole Drive, heard a lot of concerns and she felt that they live in what is some of the most
beautiful property in Town. The Town was now a golf cart community and if one chooses to have a golf cart, the
golf cart is typically stored in the garage and most residents in the area only have two car garages. This puts a
vehicle being parked outside, which would be more unsightly than having things tucked away in a garage. One
thing they could consider was a detached garage, but if she built a detached garage and her neighbor built a
detached garage then they could potentially only be 12 feet apart from each other. This scenario could be the
same blockage of view of the golf course if it were an attached garage. She believed that it was much better to
allow the attached garage from a property and aesthetic value standpoint. This would guarantee 25 feet of space
between two garages that would allow for a better view. She did not want to be forced into the decision to only
being allowed to construct a detached garage and go up to six feet from the property line. Additionally, she
surveyed her neighborhood and noted that there was one front facing garage on Seminole Drive, five between
Fresh Meadow Drive and Seminole Drive where cedar fences blocked views, and there were two places where
sheds already partially blocked the view. On Inverness Drive, there was already detached single story garage that
she did not find aesthetically pleasing. The Town’s needs were changing and she preferred to have things tucked
away.
Tonia Beard, 215 Fresh Meadow Drive, thanked the Council for the opportunity to provide input. She was a 20
year Town resident as well as a real estate agent. It was the unique features of the R-15 zoning that appealed to
them when they first looked for a home 20 years ago. She asked that the Council protect and preserve their
unobstructed views and the beautiful green space surrounding their homes and preserve the unique character of
their neighborhood.
Jim Carter, 1005 Roadrunner Road, Bartonville Texas, thanked the Council for their service and understood the
time and commitment they put forth. He had resided at 204 Fresh Meadow Drive for 22 years after purchasing the
home in 1981. His former wife, Jean Carter, still resided at the house. They bought the house because of the
amenities in the area. Most of the residents were concerned about front end garages because they did not want
front end garages and did not want any changes in that area.
Bill Eden, 1 Fresh Meadow Court, concurred with former Mayor Jim Carter and commented that he has served on
several board and commissions. He felt that the changes were unnecessary and should be left as is. He
recommended tabling the item.
Tiffany Nimphius, 214 Fresh Meadow Drive, provide an abridged version of her covenants of deed restrictions,
which included:
No structure shall be located on any lot between the building setback lines shown on the subdivision plats
and the street. With respect to all lots except for golf course lots no building shall be located nearer than
five feet to any interior lot line. With respect to golf course lots no building, patio, deck, terrace or any
other similar open porch or artificially surfaced area shall be located nearer than 25 feet from the rear lot
line. No nearer than 15 feet from any side or other interior lot line. Except that a garage or other
permitted accessory building located 65 feet or more from the front lot line may be located within 10 feet
of an interior lot line. No garage or other permitted accessory building on the golf course lots shall open
toward or have its main access from the direction of any lot line adjoining the golf course.
Additionally, Ms. Nimphius pointed out that her property backed up to the golf course and she would currently be
allowed to install a 25 x 25 pergola with an outdoor kitchen, which would alter the view that some residents were
concerned about.
Mayor Sanders kept the public hearing open and moved to Agenda Item 16 (B).
Town Council Minutes February 12, 2019 Page 11 of 14
Town CouncilPage 32 of 136Meeting Date: February 26, 2019
B) Consider and take appropriate action regarding an Ordinance to amend residential garage regulations
in Sections 14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156(h), and
14.02.159(h) of the Trophy Club Code of Ordinances to allow for attached forward-facing garages that
are in addition to the two-car garage minimum (T. Class).
Motion to Table:
Motion made by Council Member Jensen, seconded by Council Member Fleury, to table the item to the next
Council meeting to be held on February 26, 2019.
Council Member Jensen commented that his intention was not to take action on February 26, 2019 but instead
provide additional time to digest everything that was discussed and presented tonight. This item may warrant a
Town Hall meeting.
The vote to Table the item was taken.
Motion carried unanimously 5-0-0.
Mayor Sanders thanked the residents who attended the meeting and for providing their input. He encouraged
them to visit with Staff if they had more specific questions. There could be a potential to move forward with this
item in other areas of Town and leave out R-15 zoning.
17. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and
calling a General Election to be held on May 4, 2019 for the purpose of electing one (1) Councilmember to
Place No. 5 and one (1) Councilmember to Place No. 6 on the Trophy Club Town Council, each for a term of
three (3) years respectively; providing for canvassing of returns; providing for a runoff election as necessary;
adopting provisions relative to publication and other matters necessary to conduct the election; and
providing an effective date (T. Class).
Town Secretary Fimbres advised that this item was for the calling of the May 4, 2019 General Election for the
purpose of electing a Council Member to Place No. 5 and Place No. 6.
Motion:
Motion made by Council Member Jensen, seconded by Council Member Lamont, to approve Ordinance No. 2019-
04, ordering and calling a General Election to be held on May 4, 2019 for the purpose of electing one (1)
Councilmember to Place No. 5 and one (1) Councilmember to Place No. 6 on the Trophy Club Town Council, each
for a term of three (3) years respectively; providing for canvassing of returns; providing for a runoff election as
necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and
providing an effective date of February 12, 2019.
Motion carried unanimously 5-0-0.
18. Discussion of and provide direction regarding Town legislative priorities for State Representative Tan Parker
to sponsor (Mayor Sanders).
Mayor Sanders commented that an email from the TCMUD No. 1 General Manager relative to a bill that was being
reviewed by the State Legislature. There was a proposed agreement with the Town of Westlake and TCMUD No. 1
specific to agreement to de-annexation a portion of property and some financial changes. At this point they have
not included the Town but he wanted to bring it up in case the Council wanted to provide direction to the Town
Manager.
Mayor Pro Tem Shoffner remarked that there should be a provision to allow the purchase of emergency
equipment utilizing hotel occupancy tax (HOT) funds. HOT funds were geared towards heads in beds, with that
should be some leverage to protect those heads in beds, such as with the ability to purchase a new ambulance.
Town Manager Class advised that at the direction of the Mayor, Staff reached out to a number of municipalities
and have not found any that were interested in pursuing this issue. Based on conversations, it appeared most
were focusing their efforts on the Revenue Cap proposal as a priority.
Town Council Minutes February 12, 2019 Page 12 of 14
Town CouncilPage 33 of 136Meeting Date: February 26, 2019
Mayor Sanders received consensus to try to get State Representative Parker to address the expansion of allowed
uses of HOT funds as mentioned by Mayor Pro Tem Shoffner.
19. Discussion of items for Future Agendas to include agenda items for consideration on the February 26, 2019
Council agenda and items from the Town Council Future Agenda Items list (T. Class).
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
A)Item No. 7 from the Future Agenda Items list: Discussion of and possible action regarding restricting
Short Term Rentals. (Lamont 9/11/2018) (1-February 12, 2019)
Town Attorney Dodd provided an update specific to the City of Austin’s case. The Court of Appeals switched the
panel from three judges to another three judges and the City of Austin changed attorneys.
Regarding future Council Agendas, the Mayor reiterated that it may be appropriate to have a Town Hall meeting
specific to the item presented tonight for attached forward-facing garages, as suggested by Council Member
Jensen.
EXECUTIVE SESSION
20. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council convened 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) Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (T. Class)
2) Sign Ordinance (T. Class)
3) Conflict of Interest Disclosure Forms (Mayor Sanders)
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:
1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem
Shoffner and Council Member Kurtz)
2) North of State Highway 114, west of Trophy Club Drive (T. Class)
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) Economic Development Corporation 4B (Mayor Sanders)
2) Council Finance Subcommittee (Mayor Sanders)
3) Organized Sports Council Subcommittee (Mayor Sanders)
Town Council Minutes February 12, 2019 Page 13 of 14
Town CouncilPage 34 of 136Meeting Date: February 26, 2019
CONVENED INTO EXECUTIVE SESSION - START TIME – 8:57 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 9:46 P.M.
RECONVENED INTO REGULAR SESSION
21. Consider and take appropriate action regarding repealing Resolution No. 2018-19 and adopting a new
Resolution appointing a Council Member to serve as the Council Liaison to the Economic Development
Corporation 4B; reaffirming existing appointments; and providing an effective date (Mayor Sanders).
Motion:
Motion made by Council Member Lamont, seconded by Mayor Pro Tem Shoffner, to repeal Resolution No. 2018-19
and approve Resolution No. 2019-02, appointing Council Member Jensen to serve as the Council Liaison to the
Economic Development Corporation 4B; reaffirming existing appointments in Places 1 through 7; and providing
and effective date of February 12, 2019.
Motion carried unanimously 5-0-0.
22. Consider and take appropriate action regarding appointing a Council Member to a vacant position on the
Council Subcommittee formed for the purpose of providing fiduciary oversight of the budget, as well as
providing input regarding the administration of the budget and the budget process (Mayor Sanders).
Motion:
Motion made by Council Member Lamont, seconded by Council Member Jensen, to appoint Mayor Pro Tem
Shoffner to the vacant position on the Council Finance Subcommittee; and reaffirm the existing appointments of
Mayor Sanders and Council Member Jensen.
Motion carried unanimously 5-0-0.
23. Consider and take appropriate action regarding appointing a Council Member to a vacant position on the
Organized Sports Council Subcommittee (Mayor Sanders).
No action was taken on this item.
24. Consider and take appropriate action regarding the Executive Session (T. Class).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 9:48 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes February 12, 2019 Page 14 of 14
Town CouncilPage 35 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-100-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Case TUP-19-001 (PD-30 Retail Construction Trailer)
Consider and take appropriate action regarding a request for a Temporary Use Permit to allow a
construction trailer on the PD-30 retail property, generally located on the northeast corner of Trophy
Club Drive and SH 114 (T. Class).
Attachments:
Staff Report - Case TUP-19-001.pdf
RES 2019-05.pdf
Exhibit A - Site Layout.pdf
Exhibit B - Aerial View.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
Case TUP-19-001 (PD-30 Retail Construction Trailer)
ConsiderandtakeappropriateactionregardingarequestforaTemporaryUsePermittoallowaconstructiontraileron
the PD-30 retail property, generally located on the northeast corner of Trophy Club Drive and SH 114 (T. Class).
Town CouncilPage 36 of 136Meeting Date: February 26, 2019
To: Mayor and Council
From: Lisa Payne, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case TUP-19-001
Town Council Meeting, February 26, 2019
Agenda Item:
Case TUP-19-001 (PD-30 RetailConstruction Trailer)
Consider and take appropriate action regarding a request for a Temporary Use Permit to allow
a construction trailer on the PD-30 retail property, generally located on the northeast corner of
Trophy Club Drive and SH 114(T. Class).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
According to Sec. 14.02.251 of the Code of Ordinances, construction offices that are used
temporarily by contractors during the construction of buildings must obtain a Temporary Use
Permit (TUP) through approval from Town Council, after recommendation by the Planning &
Zoning Commission. In addition, the allowed time period may tie into the schedule of
construction, with annual renewal through this same process, if necessary.
The applicant is requesting approval of a TUPto allow one construction trailer and temporary
fencing to locate on the retail portion of the PD-30 property while construction is ongoing. The
construction trailer is situated on the pad site that is not under construction at this time. Chain
link fencing may be used in the future to secure storage items next to the trailer. Refer to
Exhibits A & B for layout details.
Construction of the five retail buildings and all infrastructure on this lot is expected to be
completed by December 2019, so the applicant requests that the TUP is active until December
31, 2019, if approved.
Page 1 of 2
Town CouncilPage 37 of 136Meeting Date: February 26, 2019
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning andZoning Commission Recommendation:
The Planning and Zoning Commission heard this case on Thursday, February 7, 2019. With a
motion by Vice-Chairman Pipkins and a second by Commissioner Biggs, the Commission
unanimously voted to recommend approval of the Temporary Use Permit through December
31, 2019.
Staff Recommendation:
Staff recommends approvalof the Temporary Use Permitthrough December 31, 2019.
Attachments:
Resolution No. 2019-05
Exhibit A – Site Layout
Exhibit B – Aerial View
Page 2 of 2
Town CouncilPage 38 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2019-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUBAPPROVING A TEMPORARY USE PERMIT FOR ICS
COMMERCIAL, L.P. TO PLACE A CONSTRUCTION TRAILER IN THE
RETAIL PORTION OF TROPHY CLUB TOWN CENTER, ALSO KNOWN
AS PD-30,LOCATED ON THE NORTHEAST CORNER OFTROPHY
CLUB DRIVEAND SH 114,AND PROVIDING FOR CONDITIONS.
WHEREAS, ICS Commercial, L.P.has filed a temporary use permit application
and formally requested to place a construction trailer inthe retail portion of Trophy Club
Town Center, also known as PD-30, located on the northeast corner of Trophy Club
Drive and SH 114intheTown of Trophy Club; and
WHEREAS, Section 14.02.251 – Temporary Uses in the Trophy Club Code of
Ordinances requires a temporary use permit to be approved by the Town Council
through a Resolution.
NOW THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHYCLUB, TEXAS:
Section 1. Thatthe request byICS Commercial, L.P.for a temporary use
permit for a construction trailerin the retail portion of Trophy Club Town Centerlocated
on the northeast corner of Trophy Club Drive and SH 114is hereby approved, subject to
the following conditions:
(A)The construction trailer, temporary fencing,and storage shall be consistentwith
what is shown anddescribedin Exhibit A; and
(B)The construction trailer, temporary fencing, and storageshall be removed from
the property on or before December 31, 2019.
Section 2.That the temporary use permit authorized by this Resolution shall
comply with all Town of Trophy Club codes and ordinances, exempt where specifically
exempted herein.
Section 3.This Resolution shall take effect from and after its date of passage
in accordance with law.
Town CouncilPage 39 of 136Meeting Date: February 26, 2019
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 26thday of February2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David DoddIII, Town Attorney
Town of Trophy Club, Texas
RES 2019-05Page 2 of 2
Town CouncilPage 40 of 136Meeting Date: February 26, 2019
Exhibit A
LOCATION MAP
N.T.S.
Construction Office
with Restroom
Fenced in Storage
FIRE NOTES
CAUTION !!
SURVEYOR:CIVIL ENGINEER/PREPARER:
OWNER / DEVELOPER:
STANTEC CONSULTING SERVICES INC.STANTEC CONSULTING SERVICES INC.
JSB PROPERTIES, L.P. AND JLIS, LLC
12222 MERIT DRIVE12222 MERIT DRIVE
13101 PRESTON ROAD, SUITE 510
SUITE 400SUITE 400
DALLAS, TEXAS 75240
DALLAS, TEXAS 75251DALLAS, TEXAS 75251
PH: (214) 556-6208
PH: (972) 991-0011CONTACT: CHASE MCCREAPH: (972) 991-0011
CONTACT: DAVE DE WEIRDT, R.P.L.S.CONTACT: SCOTT L. GRAVES, P.E.
TBPLS #: 10194229TBPE #: F-6324
Town CouncilPage 41 of 136Meeting Date: February 26, 2019
Exhibit B
Town CouncilPage 42 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-101-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Case TUP-19-002 (PD-30 Multifamily Construction Trailer)
Consider and take appropriate action regarding a request for a Temporary Use Permit to allow a
construction trailer on the PD-30 multifamily property, generally located east of Trophy Club Drive and
approximately 800 feet north of SH 114 (T. Class).
Attachments:
Staff Report - Case TUP-19-002.pdf
RES 2019-06.pdf
Exhibit A - Site Layout.pdf
Exhibit B - Construction Trailer.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
Case TUP-19-002 (PD-30 Multifamily Construction Trailer)
ConsiderandtakeappropriateactionregardingarequestforaTemporaryUsePermittoallowaconstructiontraileron
thePD-30multifamilyproperty,generallylocatedeastofTrophyClubDriveandapproximately800feetnorthofSH114
(T. Class).
Town CouncilPage 43 of 136Meeting Date: February 26, 2019
To: Mayor and Council
From: Lisa Payne, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case TUP-19-002
Town Council Meeting, February 26, 2019
Agenda Item:
Case TUP-19-002 (PD-30 MultifamilyConstruction Trailer)
Consider and take appropriate action regarding a request for a Temporary Use Permit to allow
a construction trailer on the PD-30 multifamily property, generally located east of Trophy Club
Drive and approximately 800 feet north of SH 114(T. Class).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
According to Sec. 14.02.251 of the Code of Ordinances, construction offices that are used
temporarily by contractors during the construction of buildingsmust obtain a Temporary Use
Permit (TUP) through approval from Town Council, after recommendation by the Planning &
Zoning Commission. In addition, the allowed time period may tie into the schedule of
construction, with annual renewal through this same process, if necessary.
The applicant is requesting approval of a TUPto allow one construction trailer and temporary
fencing to locate on the multifamilyportion of the PD-30 property while construction is
ongoing. The construction trailer will be situated in the newly poured parking spaces and the
chain link fence will surround the entire lot. Screening will be attached to the portion of the
chain link fence that abuts Trophy Club Drive and a double-gate entryway will be provided on
each end of the fenced-in area for personnel to enter the site. Refer to Exhibits A & B for layout
details.
Construction of the multifamily complex and all infrastructure on this lot is expected to be
completed by May 2020, so the applicant requests that the TUP is active until May 31, 2020, if
approved.
Page 1 of 2
Town CouncilPage 44 of 136Meeting Date: February 26, 2019
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning andZoning Commission Recommendation:
The Planning and Zoning Commission heard this case on Thursday, February 7, 2019. With a
motion by Commissioner Branumand a second by Vice-Chairman Pipkins, the Commission
unanimously voted to recommend approval of the Temporary Use Permit through May 31,
2020.
Staff Recommendation:
Staff recommends approval of the Temporary Use Permit through May 31, 2020.
Attachments:
Resolution No. 2019-06
Exhibit A – Site Layout
Exhibit B – Construction Trailer
Page 2 of 2
Town CouncilPage 45 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2019-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUBAPPROVING A TEMPORARY USE PERMIT FOR
NORTH AMERICAN PROPERTIES TO PLACE A CONSTRUCTION
TRAILER IN THE MULTIFAMILYPORTION OF TROPHY CLUB TOWN
CENTER, ALSO KNOWN AS PD-30,LOCATED EASTOFTROPHY
CLUB DRIVEANDAPPROXIMATELY 800 FEET NORTH OFSH 114,
AND PROVIDING FOR CONDITIONS.
WHEREAS, North American Propertieshas filed a temporary use permit
application and formally requested to place a construction trailer in the multifamily
portion of Trophy Club Town Center, alsoknown as PD-30, located east of Trophy Club
Drive andapproximately 800 feet north ofSH 114intheTown of Trophy Club; and
WHEREAS, Section 14.02.251 – Temporary Uses in the Trophy Club Code of
Ordinances requires a temporary use permit to be approved by the Town Council
through a Resolution.
NOW THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Thatthe request byNorth American Propertiesfor a temporary use
permit for a construction trailerin the multifamilyportion of Trophy Club Town Center
located eastof Trophy Club Drive and approximately 800 feet north of SH 114is hereby
approved, subject to the following conditions:
(A)The construction trailer, temporary fencing,and storage shall be consistentwith
what is shown anddescribedin Exhibit A; and
(B)The construction trailer, temporary fencing, and storageshall be removed from
the property on or before May 31, 2020.
Section 2.That the temporary use permit authorized by this Resolution shall
comply with all Town of Trophy Club codes and ordinances, exempt where specifically
exempted herein.
Section 3.This Resolution shall take effect from and after its date of passage
in accordance with law.
Town CouncilPage 46 of 136Meeting Date: February 26, 2019
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 26thday of February2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David DoddIII, Town Attorney
Town of Trophy Club, Texas
RES 2019-06Page 2of 2
Town CouncilPage 47 of 136Meeting Date: February 26, 2019
Exhibit A
Town CouncilPage 48 of 136Meeting Date: February 26, 2019
Exhibit B
Town CouncilPage 49 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-108-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding a Proclamation of the Town Council recognizing
March 30, 2019, as Arbor Day in Trophy Club; and providing an effective date (T. Class).
Attachments:
PRO 2019-04 - Arbor Day Proclamation.pdf
DateVer.Action ByActionResult
Agenda Item No. 8:
ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncilrecognizingMarch30,2019,asArbor
Day in Trophy Club; and providing an effective date (T. Class).
Town CouncilPage 50 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2018-04
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO RECOGNIZE MARCH 30, 2019 AS
ARBOR DAY; RECOGNIZING THAT 2019 IS THE 147TH
ANNIVERSARYOF THE HOLIDAY OF ARBOR DAY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,in 1872, J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set asidefor the planting of trees, and
WHEREAS,this holiday, called Arbor Day, was first observed with the planting of
more than a million trees in Nebraska, and
WHEREAS,2019 is the 147thanniversary of the holiday and Arbor Day is now
observed throughout the nation and the world, and
WHEREAS,trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air, produce
life-giving oxygen, and provide habitat for wildlife, and
WHEREAS,trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and beautify our community, and
WHEREAS,trees are a source of joy and spiritual renewalwherever they are
planted.
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM:
March 30, 2019 as Arbor Day
Section 1.In the Town of Trophy Club, the Mayor and Council urge all citizens
to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
Section 2. The Mayor and Council urge all citizens to plant trees to gladden
the heart and promote the well-being of this and future generations.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this26th day of February 2019.
_______________________________________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town CouncilPage 51 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-110-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/13/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding dissolving the Organized Sports Council
Subcommittee (Mayor Sanders).
Attachments:
Staff Report - Organized Sports Subcommittee.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
Consider and take appropriate action regarding dissolving the Organized Sports Council Subcommittee (Mayor Sanders).
Town CouncilPage 52 of 136Meeting Date: February 26, 2019
To: Mayor and Town Council
From:Tony Jaramillo, Director of Parks and Recreation
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Dissolving the Organized Sports Council Subcommittee
Town Council Meeting, February 26, 2019
Agenda Item:
Consider and take appropriate action regarding dissolving the Organized Sports Council
Subcommittee (Mayor Sanders).
Strategic Link:
Nature & Beautification – Improve the aesthetic and recreational value of the Town.
Background and Explanation:
Town Council created the Organized Sports Council Subcommittee to work with Staff and
representatives from the sports associations to examine various sports related topics when
necessary.
Following discussion with Town Council, at the February 12, 2019, Town Council meeting,
Council provided direction to Staff to proceed with having an agenda item to dissolve the
Organized Sports Council Subcommittee because it has fulfilled its purpose.
Financial Considerations:
Not applicable.
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends Council dissolving the Organized Sports Council Subcommittee.
Attachments:
None
Page 1 of 1
Town CouncilPage 53 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-111-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/13/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding suspending the Design Cost Proposal between the
Town of Trophy Club and Muckleroy & Falls for the engineering and design of the Trophy Club Parking
Garage project; and authorizing the Mayor or his designee to execute all necessary documents (T.
Class).
Attachments:
Staff Report - Suspension of Engineering Proposal for a Parking Garage.pdf
DateVer.Action ByActionResult
Agenda Item No. 10:
ConsiderandtakeappropriateactionregardingsuspendingtheDesignCostProposalbetweentheTownofTrophyClub
andMuckleroy&FallsfortheengineeringanddesignoftheTrophyClubParkingGarageproject;andauthorizingthe
Mayor or his designee to execute all necessary documents (T. Class).
Town CouncilPage 54 of 136Meeting Date: February 26, 2019
To: Mayor and Town Council
From:Jonathan Phillips, Director of Administrativeand FinancialServices
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Suspension of Engineering Proposal for a Parking Garage
Town Council Meeting, February 26, 2019
Agenda Item:
Consider and take appropriate action regarding suspending the Design Cost Proposal between
the Town of Trophy Club and Muckleroy &Falls for the engineering and design of the Trophy
Club Parking Garage project; and authorizing the Mayor or his designee to execute all necessary
documents (T. Class).
Strategic Link:
Infrastructure and Development - Foster a business-friendly environment.
Background and Explanation:
Following discussion with Town Council, at the February 12, 2019, Town Council meeting,
Council directed staff to place an item on the agenda suspending the proposal with Muckleroy
& Falls for the design and engineering of the parking garage.
Financial Considerations:
Funding for the $283,500 proposal is available from the Economic Development Corporation
(EDC) 4B budget fund balance. EDC 4B currently has an available fund balance of $420,866
(estimated ending fund balance FY18).
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Board/Commission/ or Committee Recommendation:
The Town of Trophy Club EDC 4Brecommended approval of the proposal and funding from EDC
4B fund balance at their December 18, 2018 meeting.
Page 1 of 2
Town CouncilPage 55 of 136Meeting Date: February 26, 2019
Staff Recommendation:
Staff recommends suspension of the engineering proposal submitted by Muckleroy & Falls.
Attachments:
None
Page 2 of 2
Town CouncilPage 56 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-118-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
2/19/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding a Requisition Request for procurement of repainting
the Town’s Splash Pad surface and replacing the expansion joints at the Competition Pool and Splash
Pad (T. Class).
Attachments:
Staff Report - Repainting Splash Pad.pdf
Requisition Request.pdf
Landmark Property Services Quotes.pdf
Existing Splash Pad Expansion Joint Pictures.pdf
Existing Competition Pool Expansion Joint Pictures.pdf
DateVer.Action ByActionResult
Agenda Item No. 11:
ConsiderandtakeappropriateactionregardingaRequisitionRequestforprocurementofrepaintingtheTown’sSplash
Pad surface and replacing the expansion joints at the Competition Pool and Splash Pad (T. Class).
Town CouncilPage 57 of 136Meeting Date: February 26, 2019
To: Mayor and Town Council
From:Tony Jaramillo, Director of Parks and Recreation
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Repainting Splash Pad and Replacing Expansion Joints at Competitive Pool and
Splash Pad
Town Council Meeting, February 26, 2019
Agenda Item:
Consider and take appropriate action regarding a Requisition Request for procurement of
repainting the Town’s Splash Pad surface and replacing the expansion joints at the Competition
Pool and Splash Pad (T. Class).
Strategic Link:
Nature & Beautification - Improve the aesthetic and recreational value of the Town.
Background and Explanation:
The splash pad surface was last painted in 2014 andhas now reached the end of its useful life.
Consequently, the paint project was identified and previously approved for $52,000 in the Parks
& Recreation supplemental budget. Staff has obtained various quotes and is now requesting to
award Landmark Property Services (LPS) with a contract for $21,975.43 to complete the splash
pad paint project. This will result in a savings of $30,024.57 from the original budgeted
amount.
Staff also requests approval to utilize $8934.90 of the cost savings to contract with LPS to
perform additional necessary repairs related to the replacement of expansion joints adjacent
the community pool and splash pad.
Financial Considerations:
Both projects can be completed for $30,910.33 which results in an overall cost savings of
$21,089.67from the original budgeted amount.
Legal Review:
Not applicable.
Page 1 of 2
Town CouncilPage 58 of 136Meeting Date: February 26, 2019
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation
Staff recommends Council approverepainting the splash pad surface and replacing the
expansion joints at the competition pool and splash pad.
Attachments:
Requisition Request
Landmark Property Services Quotes
Existing Splash Pad Expansion Joint Pictures
Existing Competition Pool Expansion Joint Pictures
Council Approval:
_____________________________
Mayor Nick Sanders, or designee
Page 2 of 2
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Town CouncilPage 68 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-112-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/14/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding a Proclamation of the Town Council supporting March
8, 2019 as Trophy Club Rotary Club Day in Trophy Club; and providing an effective date (Mayor
Sanders).
Attachments:
PRO 2019-05 - Trophy Club Rotary.pdf
DateVer.Action ByActionResult
and ..Body
Agenda Item No. 12:
ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncilsupportingMarch8,2019asTrophy
Club Rotary Club Day in Trophy Club; and providing an effective date (Mayor Sanders).
Town CouncilPage 69 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2018-05
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS,SUPPORTING THE TROPHY CLUB ROTARY
CLUB AND RECOGNIZING MARCH 8, 2019 AS TROPHY CLUB
ROTARY CLUB DAY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Rotary International is a global network of 1.2 million neighbors,
friends, leaders, and problem-solvers who see a world where people unite and take
action to create lasting change – across the globe, in our communities, and in
ourselves; and
WHEREAS,solvingreal problems takes real commitment and vision and for
more than 110 years, Rotary's people of action have used their passion, energy, and
intelligence to take action on sustainable projects from literacy and peace to water and
health, andare always working to better our world, and stay committed to the end; and
WHEREAS,Rotary members provide service to others, promote integrity, and
advance world understanding, goodwill, and peace through their fellowship of business,
professional, and community leaders; and
WHEREAS,Rotary clubs are grounded in the same values, with no two being
the same, because each community has its own unique needs, and at club meetings in
communities across the globe,members come together to strengthen their connections
to friends and neighbors and their commitment to improving lives; and
WHEREAS,a local Rotary Club is being established in the Town of Trophy Club
with its first meeting scheduled on March8, 2019 at 8 amat the Holiday Inn of Trophy
Club.
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM:
MARCH 8, 2019 as TROPHY CLUB ROTARY CLUB DAY
Section 1.We welcome the new Rotary Club to the Communityand wish them
the best success.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 26th day of February 2019.
_______________________________________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town CouncilPage 70 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-103-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Case PD-AMD-19-001 (HG Sply Co. Sign Package)
A)Conduct a Public Hearing regarding a request to amend Ordinance No. 2017-08 P&Z,
Planned Development District No. 25, in order to provide a sign package for the HG Sply Co. building,
generally located on the northwest corner of SH 114 and Trophy Wood Drive (T. Class).
B)Consider and take appropriate action regarding a request to amend Ordinance No. 2017-08
P&Z, Planned Development District No. 25, in order to provide a sign package for the HG Sply Co.
building, generally located on the northwest corner of SH 114 and Trophy Wood Drive (T. Class).
Attachments:
Staff Report - Case PD-AMD-19-001.pdf
Ord No. 2019-06 PZ.pdf
Exhibit A - Sign A.pdf
Exhibit B - Sign B.pdf
Exhibit C - Sign C.pdf
Exhibit D - Sign D.pdf
Exhibit E - Sign E.pdf
Exhibit F - Sign F.pdf
Exhibit G - Sign G.pdf
Exhibit H - Sign Locations.pdf
DateVer.Action ByActionResult
Agenda Item No. 13:
Case PD-AMD-19-001 (HG Sply Co. Sign Package)
A)ConductaPublicHearingregardingarequesttoamendOrdinanceNo.2017-08P&Z,PlannedDevelopment
DistrictNo.25,inordertoprovideasignpackagefortheHGSplyCo.building,generallylocatedonthenorthwest
corner of SH 114 and Trophy Wood Drive (T. Class).
B)ConsiderandtakeappropriateactionregardingarequesttoamendOrdinanceNo.2017-08P&Z,Planned
DevelopmentDistrictNo.25,inordertoprovideasignpackagefortheHGSplyCo.building,generallylocatedonthe
northwest corner of SH 114 and Trophy Wood Drive (T. Class).
Town CouncilPage 71 of 136Meeting Date: February 26, 2019
To: Mayor and Council
From: Lisa Payne, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case PD-AMD-19-001
Town Council Meeting, February 26, 2019
Agenda Item:
Case PD-AMD-19-001 (HG Sply Co. Sign Package)
A.Conduct a Public Hearing regarding a request to amend Ordinance No. 2017-08 P&Z,
Planned Development District No. 25, in order to provide a sign package for the HG Sply
Co. building, generally located on thenorthwest corner of SH 114 and Trophy Wood
Drive(T. Class).
B.Consider and take appropriate action regarding a request to amend Ordinance No.
2017-08 P&Z, Planned Development District No. 25, in order to provide a sign package
for the HG Sply Co. building, generally located on the northwest corner of SH 114 and
Trophy Wood Drive(T. Class).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
The Development Standards for the PD Planned Development No. 25 district require sign
packages to be approved as an amendment to the ordinance.HG Sply Co. is requesting
approval of their sign package for their building at 2980 SH 114 which is slated to open this
spring. No revisions are proposed to the PD-25 Development Standards.
HG Sply Co. is proposing to have 7 signs/artwork on the building, which are identified on Exhibit
H. All of the signs have features that are prohibited by the Code of Ordinances, but were
approved for Bread Winners on August 23, 2016. These features include projecting signs, roof
signs, exposed neon, and signs painted directly on the building.
Page 1 of 3
Town CouncilPage 72 of 136Meeting Date: February 26, 2019
Sign A (Exhibit A) is located on the wall of the eastern end of the building and advertises
Mudsmith. It is a maroon aluminum sign that uses yellow and white exposed neon to spell out
the messageand is approximately 97 square feet in area.
Sign B (Exhibit B) is located on the southeast corner of the building and advertises Mudsmith. It
is a maroon aluminum projecting sign that uses yellow exposed neon to spell out the message
and is approximately 61 square feet in area.
Sign C (Exhibit C) is located in the middle of the southern wall and advertises HG Sply Co. It is
roof-mounted red aluminum channel letters that use white exposed neon to spell out the
message and is approximately 56 square feet in area.
Sign D (Exhibit D) is located at the rear of the building on the east side of the wooden wall that
dissects the Quonset hut and it advertises HG Sply Co. It is black paint applied directly to the
wall and it measures approximately 64 square feet in area.
Sign E (Exhibit E) is located at the rear of the building on the west side of the wooden wall that
dissects the Quonset hut and it advertises HG Sply Co. It is black paint applied directly to the
wall and it measures approximately 64 square feet in area.
Sign F (Exhibit F) is located in the middle of the western end of the building and is a mural
painted on the wall rather than a written advertisement. It is a sepia-toned painting of a
photograph and it fills the wall, measuring approximately 448 square feet of area.
Sign G (Exhibit G) is located at the southern corner of the western wall and advertises HG Sply
Co. It is a black background painted directly onto the entire wall with white painted lettering on
top, measuring approximately 308 square feet of area.
This proposal also includes a condition to allow minor modifications to the signage only before
a Certificate of Occupancy is issued. The same ordinance language that was approved for Bread
Winners is proposed for HG Sply Co. This condition allows reduction in sign dimensions, sign
location change within the same elevation, and minor modifications to lettering style and
background.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning and Zoning Commission Recommendation:
The Planning andZoning Commission heard this case on Thursday, February 7, 2019. The
Commission questioned the sign contractor about sign installation and application. Vice-
Chairman Pipkins moved to recommend approval of the request without signs Exhibit F and
Exhibit G. There was no second so the motion failed. With a motion by Commissioner Biggs and
Page 2 of 3
Town CouncilPage 73 of 136Meeting Date: February 26, 2019
a second by Commissioner Barbarin, the Commission voted to recommend approval the
signage request as submitted with a vote of 5-1.
Staff Recommendation:
Staff recommends approval of the signpackage as an amendment to PD Planned Development
District No. 25.
Attachments:
Ordinance No. 2019-06 P&Z
Exhibit A – Sign A
Exhibit B – Sign B
Exhibit C – Sign C
Exhibit D – Sign D
Exhibit E – Sign E
Exhibit F – Sign F
Exhibit G – Sign G
Exhibit H – Sign Locations
Page 3 of 3
Town CouncilPage 74 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-06P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2017-08P&Z, KNOWN AS PD PLANNED
DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS
CENTER,BY ADOPTING A SIGN PACKAGE FOR HG SPLY CO. ON
LOT 1R, BLOCK A, A REPLAT OF LOT 1 AND LOT 2 OF BLOCK A,
ON THE NORTHWEST CORNER OF SH 114 AND TROPHY WOOD
DRIVE, BY PROVIDINGSIGN EXHIBITS “A” THROUGH “H”AS
REQUIRED BY ORDINANCE NO. 2002-41 P&Z; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING AMENDMENTS;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSEAND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES;PROVIDING A PUBLICATION CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-41
P&Zto create PD Planned Development No. 25, known as Trophy Wood Business
Center; and
WHEREAS, onMarch 28, 2017, the Town adopted Ordinance No. 2017-08 P&Z
to accept a site plan package for HG Sply Co. on Lot 1R, Block A, Trophy Wood
Business Center; and
WHEREAS,the developer of Lot 1R, Block A, Trophy Wood Business Center
(Tracts 1 & 2), filed an application with the Townrequesting an amendment to PD
Planned DevelopmentDistrictNo. 25 to provide a sign package for HG Sply Co., and
suchamendments are set forth herein and in Exhibits “A” through “H”; and
WHEREAS, all legal requirements and conditions were complied with, and after
publicnotices weregiven in compliance with State law and public hearings were
conducted, and after considering the information submitted at those public hearings and
all other relevant information and materials, the Planning & Zoning Commission of the
Town has recommended to the Town Council the adoption of the amendments to
Ordinance No. 2017-08P&Z as set forth in this Ordinance; and
Town CouncilPage 75 of 136Meeting Date: February 26, 2019
WHEREAS,after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission and the information and other materials received at
the public hearing, the Town Council has concluded that the adoption of this Ordinance
providing a sign package for HG Sply Co.is in the best interests of the Town of Trophy
Club, Texas and of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2017-08P&Z of the Town of Trophy Club, Texas, the same being
PD Planned Development No. 25, is hereby amended in the following particularsand
conditions, and all other articles, chapter, sections, paragraphs, sentence, phrases and
words are not amended butare hereby ratified and affirmed.
A.The Sign Package for HG Sply Co., Lot 1R, Block A,Trophy Wood Business
Center, is attached hereto as Exhibits “A” through “H”,and isincorporated
herein as if copied in itsentirety.
B.Prior to the issuance of the Certificate of Occupancy, minor modifications to
final sign placement shall be permitted upon the approval of the Town
Manager or their designee. Minor modifications shall only include the
following: reductions in sign dimensions,changes in location of the sign only
within the approved building elevation, and minor modifications to sign
lettering style and background. Upon the issuance of the final Certificate of
Occupancy, any subsequent sign modifications that result in any change to
the final approvedsignage shall require an amendment to this ordinance.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinancewhether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect.Notwithstanding the foregoing, any complaint, action,
ORD 2019-06 P&Z Page 2 of 4
Town CouncilPage 76 of 136Meeting Date: February 26, 2019
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publishthe
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it isso ordained.
ORD 2019-06 P&Z Page 3 of 4
Town CouncilPage 77 of 136Meeting Date: February 26, 2019
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
Texas, this 26thday of February2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-06 P&Z Page 4 of 4
Town CouncilPage 78 of 136Meeting Date: February 26, 2019
Sign A
Town CouncilPage 79 of 136Meeting Date: February 26, 2019
Sign A
Town CouncilPage 80 of 136Meeting Date: February 26, 2019
Sign A
Town CouncilPage 81 of 136Meeting Date: February 26, 2019
Sign B
Town CouncilPage 82 of 136Meeting Date: February 26, 2019
Sign B
Town CouncilPage 83 of 136Meeting Date: February 26, 2019
Sign B
Town CouncilPage 84 of 136Meeting Date: February 26, 2019
Sign C
Town CouncilPage 85 of 136Meeting Date: February 26, 2019
Sign C
Town CouncilPage 86 of 136Meeting Date: February 26, 2019
Sign C
Town CouncilPage 87 of 136Meeting Date: February 26, 2019
Sign D
Town CouncilPage 88 of 136Meeting Date: February 26, 2019
Sign D
Town CouncilPage 89 of 136Meeting Date: February 26, 2019
Sign E
Town CouncilPage 90 of 136Meeting Date: February 26, 2019
Sign E
Town CouncilPage 91 of 136Meeting Date: February 26, 2019
Sign F
Town CouncilPage 92 of 136Meeting Date: February 26, 2019
Sign F
Town CouncilPage 93 of 136Meeting Date: February 26, 2019
Sign G
Town CouncilPage 94 of 136Meeting Date: February 26, 2019
Sign G
Town CouncilPage 95 of 136Meeting Date: February 26, 2019
Exhibit H
E
D
F
G
X Sign Locations
C
A
B
Town CouncilPage 96 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-104-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Case O-AMD-19-001 (Community Garage Sale Process)
A)Conduct a Public Hearing regarding a request to remove Sections 14.02.251(a)(1), 14.02.251
(a)(10), and 14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of
Ordinances to transfer approval authority of community garage sales from the Planning and Zoning
Commission and Town Council to the Special Events Committee (T. Class).
B)Discussion of a request to remove Sections 14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251
(d) of the Temporary Use regulations within the Trophy Club Code of Ordinances to transfer approval
authority of community garage sales from the Planning and Zoning Commission and Town Council to
the Special Events Committee (T. Class).
Attachments:
Staff Report - Case O-AMD-19-001.pdf
DateVer.Action ByActionResult
Agenda Item No. 14:
Case O-AMD-19-001 (Community Garage Sale Process)
A)ConductaPublicHearingregardingarequesttoremoveSections14.02.251(a)(1),14.02.251(a)(10),and
14.02.251(d)oftheTemporaryUseregulationswithintheTrophyClubCodeofOrdinancestotransferapproval
authorityofcommunitygaragesalesfromthePlanningandZoningCommissionandTownCounciltotheSpecial
Events Committee (T. Class).
B)DiscussionofarequesttoremoveSections14.02.251(a)(1),14.02.251(a)(10),and14.02.251(d)ofthe
TemporaryUseregulationswithintheTrophyClubCodeofOrdinancestotransferapprovalauthorityofcommunity
garagesalesfromthePlanningandZoningCommissionandTownCounciltotheSpecialEventsCommittee(T.
Class).
Town CouncilPage 97 of 136Meeting Date: February 26, 2019
To: Mayor and Council
From: Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case O-AMD-19-001
Town CouncilMeeting, February 26, 2019
Agenda Item:
Case O-AMD-19-001 (Community Garage Sale Process)
A.Conduct a Public Hearing regarding a request to remove Sections 14.02.251(a)(1),
14.02.251(a)(10), and 14.02.251(d) of the Temporary Use regulations within the Trophy
Club Code of Ordinances to transfer approval authority of community garage sales from
the Planning and Zoning Commission and Town Council to the Special Events Committee
(T. Class).
B.Discussion of a request to remove Sections 14.02.251(a)(1), 14.02.251(a)(10), and
14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of
Ordinances to transfer approval authority of community garage sales from the Planning
and Zoning Commission and Town Council to the Special Events Committee (T. Class).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Currently, Section 14.02.251 of the Town’s Code of Ordinances requires community garage
sales to obtain a temporary use permit (TUP) by special privilege from Town Council, after
recommendation by the Planning and Zoning (P&Z) Commission. This allows P&Z and Council to
determine if a community garage sale organized by a civic or nonprofit group is appropriate.
Said community garage sale has been held in Town, twice annually, for about 20 years. It is a
highly anticipated event that should be processed like all of the other special events held in
Town each year. Rather than the applicant going through the long process of being heard by
P&Z and Council, community garage sales should be considered by the Special Events
Committee. This would allow staff to organize and prepare for the event efficiently and avoid
Page 1 of 4
Town CouncilPage 98 of 136Meeting Date: February 26, 2019
miscommunications and oversights. The Special Events Committee has representation from
every Town department so that the organization of a special event is well-thought-out in all
perspectives.
On January 8, 2019,Town Council approved an amendment to Article 1.09, Special Events,of
the Code of Ordinances to remove the requirement for P&Z’s and Council’s approval of
community garage sales. According to ordinance, they are now only considered by the Special
Events Committeeand approving this proposal falls in line with the aforementioned approval
and corrects the Code so it no longer contradicts itself.
The following contains the proposed removal of Sections 14.02.251(a)(1), 14.02.251(a)(10), and
14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of Ordinances.
“(a) Permitted uses.The following uses, which are classified as temporary uses,
may be permitted for a period of time by the town council, after recommendation
by the planning and zoning commission. Said period of time shall be determined
at the time of approval but shall not exceed the time limit for selected uses as
provided herein.
(1) Community garage sales, by special privilege, see subsection (d) of
this section.
…
(10)Any other temporary use not listed herein. Said unlisted use shall
be considered by the town council upon the recommendation of the
planning and zoning commission.
…
(d) Community garage sale by special privilege. Upon approval by the town
council, after recommendation by the planning and zoning commission, a
community garage sale shall be permitted by special privilege to civic
organizations or nonprofit organizations. Such events shall not occur more than
twice annually; and each event shall be one day in duration. Approval of said
special privilege shall be a condition to prior approval of operations of the event
and the proposed locations of the garage sale sites by the town department of
public safety.
…”
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning andZoning Commission Recommendation:
The P&Z Commission heard this case on Thursday, February 7, 2019. The Commission
questioned the appeal process if the Special Events Committee were to deny an application.
With a motion by Chairman Beachand a second by Commissioner Blake, the Commission
Page 2 of 4
Town CouncilPage 99 of 136Meeting Date: February 26, 2019
unanimously voted to table this item to allow staff to further research the appeal process. This
item will return to P&Z for consideration on March 7, 2019.
After further research, staff can confirm that decisions made by the Special Events Coordinator
may be appealed to the Town Manager whose decision is final. These appeals are not
considered by Town Council.
Town Council only hears appeals from applicants when related to time limit restrictions. These
appeals are not considered by the Town Manager.
The following is the Appeals language from the Special Events section of the Town’s Code of
Ordinances, as well as the Special Events language on time limit restrictions.
ARTICLE 1.09 SPECIAL EVENTS
Sec. 1.09.008 Appeals
(a) Appeal process. As expressly allowed in this article, the applicant or permit holder may
appeal. All appeals shall be conducted in accordance with the following procedures:
(1) If the special events coordinator denies an application or makes a
determination under this article for which appeal is authorized, the town shall notify
the applicant, or permit holder, where applicable, in writing of the denial or
appealable determination within five (5) days of such determination. Such town
notice shall state the reason(s) for the denial of the application or the appealable
determination. Any person aggrieved shall have the right to appeal to the town
manager.
(2) If the special events coordinator revokes a permit, the town shall notify the
permit holder as set forth in subsection (1) above, and if the permit holder elects to
appeal that determination he shall file written notice of appeal to the town manager.
(3)An appeal to the town manager shall be filed in writing and shall be filed with
the town secretary within five (5) calendar days after receipt of the town's notice of
denial, revocation, or other appealable decision. The town manager shall have five
(5) business days after receipt of the written notice of appeal to make a written
determination to uphold, modify, or overturn the decision of the special events
coordinator. Decisions of the town manager shall be final.
(b) Appeal to town council. Where an appeal to the town council is expressly authorized by
this article, such appeal shall be made in writing within five (5) days of written notice to the
applicant of such appealable determination. The town council shall hear the appeal at its next
regularly scheduled council meeting following the date of receipt of the written appeal and for
which state law posting and notice requirements can be met by the town. The decision of the
town council shall be final.
Page 3 of 4
Town CouncilPage 100 of 136Meeting Date: February 26, 2019
Sec. 1.09.009 Number of events; hours of operation; duration
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily for
a maximum of three (3) consecutive days. Only six (6) special event permits per year may be
issued to a person or for a specific location within the town. Appeals of time limit restrictions
shall be made directly to the town council pursuant to section 1.09.008 of this article. In
determining if the issuance of a permit will exceed the maximum number of permits allowed per
person or per location, the town may include in that count permits issued for events that have
been held or sponsored by a person associated with or affiliated with or related to a previous
permit applicant.
Staff Recommendation:
When this item returns to Town Council for actionon March 26, 2019, staff will recommend
approval of the amendments to the Town’s Codeof Ordinances, as submitted.
Attachments:
None.
Page 4 of 4
Town CouncilPage 101 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-109-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/13/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Tabled Agenda Item - Case O-AMD-18-001 (Attached Forward-Facing Garages)
A)Continue a Public Hearing regarding a request to amend residential garage regulations in
Sections 14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156(h), and
14.02.159(h) of the Trophy Club Code of Ordinances to allow for attached forward-facing garages that
are in addition to the two-car garage minimum (T. Class).
B)Consider and take appropriate action regarding an Ordinance to amend residential garage
regulations in Sections 14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156
(h), and 14.02.159(h) of the Trophy Club Code of Ordinances to allow for attached forward-facing
garages that are in addition to the two-car garage minimum (T. Class).
Attachments:
Staff Report - Case O-AMD-18-001.pdf
ORD 2019-05 PZ.pdf
ORD 2019-05 PZ 2.26.19 RED-LINED.pdf
Exhibit A - Detached 3rd Car Garage.pdf
Exhibit B - Attached 3rd Car Garage.pdf
Exhibit C - Attached 3rd and 4th Car Garages.pdf
Exhibit D - Attached Forward-Facing 3rd Car Garage Map.pdf
Exhibit E - Fresh Meadow Setbacks.pdf
Exhibit F - Seminole Setbacks.pdf
Exhibit G - Fresh Meadow Street View.pdf
DateVer.Action ByActionResult
Agenda Item No. 15:
Tabled Agenda Item - Case O-AMD-18-001 (Attached Forward-Facing Garages)
A)ContinueaPublicHearingregardingarequesttoamendresidentialgarageregulationsinSections14.02.151(i),
14.02.152(i),14.02.153(i),14.02.154(i),14.02.155(h),14.02.156(h),and14.02.159(h)oftheTrophyClubCodeof
Ordinancestoallowforattachedforward-facinggaragesthatareinadditiontothetwo-cargarageminimum(T.
Class).
B)ConsiderandtakeappropriateactionregardinganOrdinancetoamendresidentialgarageregulationsinSections
14.02.151(i),14.02.152(i),14.02.153(i),14.02.154(i),14.02.155(h),14.02.156(h),and14.02.159(h)oftheTrophy
ClubCodeofOrdinancestoallowforattachedforward-facinggaragesthatareinadditiontothetwo-cargarage
minimum (T. Class).
Town CouncilPage 102 of 136Meeting Date: February 26, 2019
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case O-AMD-18-001
Town Council Meeting, February 26, 2019
Agenda Item:
Tabled Agenda Item - Case O-AMD-18-001 (Attached Forward-Facing Garages)
A.Continue a Public Hearing regarding a request to amend residential garage regulations
in Sections 14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i), 14.02.155(h),
14.02.156(h), and 14.02.159(h) of the Trophy Club Code of Ordinances to allow for
attached forward-facing garages that are in addition to the two-car garage minimum (T.
Class).
B.Consider and take appropriate actionregarding an Ordinance to amend residential
garage regulations in Sections 14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i),
14.02.155(h), 14.02.156(h), and 14.02.159(h) of the Trophy Club Code of Ordinances to
allow for attached forward-facing garages that are in addition to the two-car garage
minimum (T. Class).
Strategic Link:
Nature & Beautification – Maintain Town assets, services, and Codes of Ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
This item was tabled at the February 12, 2019 Town Council meeting so that discussion may
continue.
On September 25, 2018, Town Council directed staffto prepare amendments to the Code of
rdth
Ordinances to allow attached forward-facing 3and 4cargarages to face the street in
straight-zoned districts if set back to match the requirements of detached garages. Currently,
detached garages can face the frontage street if set back 45 feet from the front property line
and can face the side street if set back 35 feet from the side property line. The zoning ordinance
Page 1 of 5
Town CouncilPage 103 of 136Meeting Date: February 26, 2019
contains seven residential districts that do not allow attached forward-facing garagesand four
districts that do; most of the residential Planned Development (PD) districtsdo allow for
rd
car garages.
attached forward-facing 3
The purpose of the requested amendments is to accommodate homeowners who are
expanding their homes, which is becoming more common now that Trophy Club is nearly built-
rdth
and 4 car garages, rather than
out. Allowing homeowners to build attached forward-facing 3
detached garages, helps to make their properties more valuable, enjoyable, and usable.
If the proposed amendments are approved, all garages will still not be allowed to face the golf
stnd
course, and 1and 2 car garages will still not be allowed to face the street. PD districts will
not be affected by any of the amendments.
stnd
Please note that homes in the R-8 zoning district are currently allowed to have 1and 2car
attached forward-facing garages if located on a lot of less than 9,000 sq. ft.; that allowance is
proposed to remain in the ordinance to prevent those homes from becoming legal,
nonconforming structures.
The following contains the proposed amendments to Sections 14.02.151(i), 14.02.152(i),
14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156(h), and 14.02.159(h) of the Trophy Club
Code of Ordinances.
“Section 14.02.151 R-15 Single-Family District Regulations
…
(i) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
rdth
of-way. Attached 3and 4 car garages may face the frontage street if
set back at least forty-five feet (45’) from the front property line. Attached
rdth
3and 4car garages on a corner lot may also face a side street if set
back at least thirty-five feet (35’) from the side property line. Detached
garages shall comply with Section 14.02.253 Accessory Structures and
Uses.
…”
“Section 14.02.152 R-12 Single-Family District Regulations
…
(i) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
rdth
of-way. Attached 3and 4 car garages may face the frontage street if
set back at least forty-five feet (45’) from the front property line. Attached
rdth
3and 4car garages on a corner lot may also face a side street if set
back at least thirty-five feet (35’) from the side property line. Detached
garages shall comply with Section 14.02.253 Accessory Structures and
Uses.
…”
Page 2 of 5
Town CouncilPage 104 of 136Meeting Date: February 26, 2019
“Section 14.02.153 R-11 Single-Family District Regulations
…
(i) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
rdth
of-way. Attached 3and 4 car garages may face the frontage street if
set back at least forty-five feet (45’) from the front property line. Attached
rdth
3and 4car garages on a corner lot may also face a side street if set
back at least thirty-five feet (35’) from the side property line. Detached
garages shall comply with Section 14.02.253 Accessory Structures and
Uses.
…”
“Section 14.02.154 R-10 Single-Family District Regulations
…
(i) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
rdth
of-way. Attached 3and 4 car garages may face the frontage street if
set back at least forty-five feet (45’) from the front property line. Attached
rdth
3and 4car garages on a corner lot may also face a side street if set
back at least thirty-five feet (35’) from the side property line. Detached
garages shall comply with Section 14.02.253 Accessory Structures and
Uses.
…”
“Section 14.02.155 R-9 Single-Family District Regulations
…
(h) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
rdth
of-way. Attached 3and 4 car garages may face the frontage street if
set back at least forty-five feet (45’) from the front property line. Attached
rdth
3and 4car garages on a corner lot may also face a side street if set
back at least thirty-five feet (35’) from the side property line. Detached
garages shall comply with Section 14.02.253 Accessory Structures and
Uses.
…”
Page 3 of 5
Town CouncilPage 105 of 136Meeting Date: February 26, 2019
“Section 14.02.156 R-8 Single-Family District Regulations
…
(h) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
of-way unless located on a lot that is less than nine thousand (9,000)
rdth
square feet. Attached 3and 4car garages may face the frontage street
if set back at least forty-five feet (45’) from the front property line.
rdth
Attached 3 and 4 car garages on a corner lot may also face a side
street if set back at least thirty-five feet (35’) from the side property line.
Detached garages shall comply with Section 14.02.253 Accessory
Structures and Uses.
…”
“Section 14.02.159 R-OH Oak Hill Single-Family District Regulations
…
(h) Garages. Attached and detached garages shall not face a golf course.
stnd
Attached 1 and 2 car garages shall not face any public dedicated right-
rdth
of-way. Attached 3and 4 car garages may face the frontage street if
set back at least forty-five feet (45’) from the front property line. Attached
rdth
3and 4car garages on a corner lot may also face a side street if set
back at least thirty-five feet (35’) from the side property line. Detached
garages shall comply with Section 14.02.253 Accessory Structures and
Uses.
…”
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the staff recommendation.
Planning andZoning Commission Recommendation:
The Planning and Zoning Commission considered this item on Thursday, January 3, 2019. Two
residents that reside on Fresh Meadow Drive spoke with concerns about notification and
garage placement. The Commission ultimately forwarded no recommendation to Council after
a 3-3 vote.
Staff Recommendation:
Staff recommends approval of the amendments to the Town’s Code of Ordinances, as
submitted.
Page 4 of 5
Town CouncilPage 106 of 136Meeting Date: February 26, 2019
Attachments:
Ordinance No. 2019-05P&Z
Red-lined Version of Ordinance No. 2019-05 P&Z
rd
Exhibit A – Detached 3Car Garage
rd
Exhibit B – Attached 3 Car Garage
rdth
Exhibit C – Attached 3 and 4Car Garages
rd
Exhibit D – Attached Forward-Facing 3Car Garage Map
Exhibit E – Fresh Meadow Setbacks
Exhibit F – Seminole Setbacks
Exhibit G – Fresh Meadow Street View
Page 5 of 5
Town CouncilPage 107 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-05P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (I) WITHIN SECTIONS 14.02.151 “R-15
SINGLE-FAMILY DISTRICTREGULATIONS”, 14.02.152 “R-12
SINGLE-FAMILY DISTRICTREGULATIONS”, 14.02.153 “R-11
SINGLE-FAMILY DISTRICTREGULATIONS”, AND 14.02.154 “R-10
SINGLE-FAMILY DISTRICTREGULATIONS”, AND AMENDING
SUBSECTION (H) WITHIN SECTIONS 14.02.155 “R-9 SINGLE-FAMILY
DISTRICTREGULATIONS”, 14.02.156 “R-8 SINGLE-FAMILY
DISTRICTREGULATIONS”, AND 14.02.159 “R-OH OAK HILL SINGLE-
FAMILY DISTRICTREGULATIONS”, OF DIVISION 4 “DISTRICT
REGULATIONS” OF ARTICLE 14.02 “ZONING ORDINANCE” OF
CHAPTER 14 “ZONING”OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCESTO ALLOW FOR AND PROVIDE REQUIREMENTS FOR
ATTACHED FORWARD-FACING GARAGES THAT ARE IN ADDITION
TO THE TWO-CAR GARAGE MINIMUM; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
WHEREAS,all legal requirements and conditions were complied with, and after
public notices were given in compliance with State law and public hearings were
conducted,and after considering the information submitted at those public hearings and
all other relevant information and materials, andafter due deliberations and
consideration of the recommendation of the Planning andZoning Commission, the
Town Council has concluded that the adoption of this Ordinance allowing for and
rdth
providing requirements for attached forward-facing 3and 4car garagesis in the best
interests of the Town of Trophy Club, Texas and of the public health, safety, and
welfare.
NOW, THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 108 of 136Meeting Date: February 26, 2019
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01Subsection (i) of Section14.02.151entitled “R-15 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages,andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.151 R-15 Single-Family DistrictRegulations
…
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.02Subsection (i) of Section 14.02.152entitled “R-12 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.152 R-12 Single-Family DistrictRegulations
…
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structuresand Uses.
…”
ORD 2019-05P&Z Page 2 of 6
Town CouncilPage 109 of 136Meeting Date: February 26, 2019
2.03Subsection (i) of Section 14.02.153entitled “R-11 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.153 R-11 Single-Family DistrictRegulations
…
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.04Subsection (i) of Section 14.02.154entitled “R-10 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.154 R-10 Single-Family DistrictRegulations
…
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicatedright-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.05Subsection (h) of Section 14.02.155entitled “R-9 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages, and all other subsections not
expressly mentioned hereafter shall remain the same:
ORD 2019-05P&Z Page 3 of 6
Town CouncilPage 110 of 136Meeting Date: February 26, 2019
“Section 14.02.155 R-9 Single-Family DistrictRegulations
…
(h) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structuresand Uses.
…”
2.06Subsection (h) of Section 14.02.156entitled “R-8 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.156 R-8Single-Family DistrictRegulations
…
(h) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-wayunless located on a lot that is less than nine
thousand (9,000) square feet. Attached 3rd and 4th car garages may
face the frontage street if set back at least forty-five feet (45’) from
the front property line. Attached 3rd and 4th car garages on a corner
lot may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.07Subsection (h) of Section 14.02.159entitled “R-OH Oak Hill Single-Family
District Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled
“Zoning Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
for attached forward-facing 3rdand 4thcar garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.159 R-OH Oak Hill Single-Family DistrictRegulations
…
(h) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
ORD 2019-05P&Z Page 4 of 6
Town CouncilPage 111 of 136Meeting Date: February 26, 2019
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structuresand Uses.
…”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions ofthis Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
ORD 2019-05P&Z Page 5 of 6
Town CouncilPage 112 of 136Meeting Date: February 26, 2019
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publishthe
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll thisOrdinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
Texas, this 26thday of February2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-05P&Z Page 6 of 6
Town CouncilPage 113 of 136Meeting Date: February 26, 2019
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-05P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (I) WITHIN SECTIONS 14.02.151 “R-15
SINGLE-FAMILY DISTRICTREGULATIONS”, 14.02.152 “R-12
SINGLE-FAMILY DISTRICTREGULATIONS”, 14.02.153 “R-11
SINGLE-FAMILY DISTRICTREGULATIONS”, AND 14.02.154 “R-10
SINGLE-FAMILY DISTRICTREGULATIONS”, AND AMENDING
SUBSECTION (H) WITHIN SECTIONS 14.02.155 “R-9 SINGLE-FAMILY
DISTRICTREGULATIONS”, 14.02.156 “R-8 SINGLE-FAMILY
DISTRICTREGULATIONS”, AND 14.02.159 “R-OH OAK HILL SINGLE-
FAMILY DISTRICTREGULATIONS”, OF DIVISION 4 “DISTRICT
REGULATIONS” OF ARTICLE 14.02 “ZONING ORDINANCE” OF
CHAPTER 14 “ZONING”OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCESTO ALLOW FOR AND PROVIDE REQUIREMENTS FOR
ATTACHED FORWARD-FACING GARAGES THAT ARE IN ADDITION
TO THE TWO-CAR GARAGE MINIMUM; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
WHEREAS,all legal requirements and conditions were complied with, and after
public notices were given in compliance with State law and public hearings were
conducted,and after considering the information submitted at those public hearings and
all other relevant information and materials, andafter due deliberations and
consideration of the recommendation of the Planning andZoning Commission, the
Town Council has concluded that the adoption of this Ordinance allowing for and
rdth
providing requirements for attached forward-facing 3and 4car garagesis in the best
interests of the Town of Trophy Club, Texas and of the public health, safety, and
welfare.
NOW, THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 114 of 136Meeting Date: February 26, 2019
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01Subsection (i) of Section14.02.151entitled “R-15 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages,andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.151 R-15 Single-Family DistrictRegulations
…
(i) Garages. Attached garages shall not face any public dedicated
right-of-way or golf course. Detached garages shall comply with
section 14.02.253, Accessory Structures and Uses.
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.02Subsection (i) of Section 14.02.152entitled “R-12 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.152 R-12 Single-Family DistrictRegulations
…
(i) Garages. Attached garages shall not face any public dedicated
right-of-way or golf course. Detached garages shall comply with
section 14.02.253, Accessory Structures and Uses.
ORD 2019-05P&Z Page 2 of 7
Town CouncilPage 115 of 136Meeting Date: February 26, 2019
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.03Subsection (i) of Section 14.02.153entitled “R-11 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.153 R-11 Single-Family DistrictRegulations
…
(i) Garages. Attached garages shall not face any public dedicated
right-of-way or golf course. Detached garages shall comply with
section 14.02.253, Accessory Structures and Uses.
(i) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.04Subsection (i) of Section 14.02.154entitled “R-10 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.154 R-10 Single-Family DistrictRegulations
…
(i) Garages. Attached garages shall not face any public dedicated
right-of-way or golf course. Detached garages shall comply with
section 14.02.253, Accessory Structures and Uses.
ORD 2019-05P&Z Page 3 of 7
Town CouncilPage 116 of 136Meeting Date: February 26, 2019
(i) Garages. Attached and detached garages shall not facea golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.05Subsection (h) of Section 14.02.155entitled “R-9 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.155 R-9 Single-Family DistrictRegulations
…
(h)Garages.Attached garages shall not face any public dedicated
right-of-way or golf course. Detached garages shall comply with
section 14.02.253, Accessory Structures and Uses.
(h) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.06Subsection (h) of Section 14.02.156entitled “R-8 Single-Family District
Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.156 R-8 Single-Family DistrictRegulations
…
(h) Garages. Attached garages are not permitted to face any public
dedicated street for all lots which are nine thousand (9,000) square
feet or greater. In addition, no more than two contiguous lots may
have front entry attached garages. Attached garages are not
ORD 2019-05P&Z Page 4 of 7
Town CouncilPage 117 of 136Meeting Date: February 26, 2019
permitted to face any side street. Detached garages shall comply
with section 14.02.253, Accessory Structures and Uses.
(h) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-wayunless located on a lot that is less than nine
thousand (9,000) square feet. Attached 3rd and 4th car garages may
face the frontage street if set back at least forty-five feet (45’) from
the front property line. Attached 3rd and 4th car garages on a corner
lot may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
2.07Subsection (h) of Section 14.02.159entitled “R-OH Oak Hill Single-Family
District Regulations” of Division 4entitled “District Regulations” of Article 14.02 entitled
“Zoning Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow for and provide requirements
rdth
for attached forward-facing 3and 4car garages, andall other subsections not
expressly mentioned hereafter shall remain the same:
“Section 14.02.159 R-OH Oak Hill Single-Family DistrictRegulations
…
(h)Garages. Attached garages shall not face any public dedicated
right-of-way or golf course. Detached garages shall comply with
section 14.02.253, Accessory Structures and Uses.
(h) Garages. Attached and detached garages shall not face a golf
course. Attached 1st and 2nd car garages shall not face any public
dedicated right-of-way. Attached 3rd and 4th car garages may face
the frontage street if set back at least forty-five feet (45’) from the
front property line. Attached 3rd and 4th car garages on a corner lot
may also face a side street if set back at least thirty-five feet (35’)
from the side property line. Detached garages shall comply with
Section 14.02.253 Accessory Structures and Uses.
…”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
ORD 2019-05P&Z Page 5 of 7
Town CouncilPage 118 of 136Meeting Date: February 26, 2019
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publishthe
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll thisOrdinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
ORD 2019-05P&Z Page 6 of 7
Town CouncilPage 119 of 136Meeting Date: February 26, 2019
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
th
Texas, this 26day of February2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-05P&Z Page 7 of 7
Town CouncilPage 120 of 136Meeting Date: February 26, 2019
Exhibit A
Town CouncilPage 121 of 136Meeting Date: February 26, 2019
Exhibit B
Town CouncilPage 122 of 136Meeting Date: February 26, 2019
Exhibit C
Town CouncilPage 123 of 136Meeting Date: February 26, 2019
EXHIBIT D
Town CouncilPage 124 of 136Meeting Date: February 26, 2019
Exhibit
E
>CURRENTLY ALLOWED
>PROPOSED AMENDMENT
BY ORDINANCE
>NOT TO BE CHANGED
Town CouncilPage 125 of 136Meeting Date: February 26, 2019
Exhibit
F
>CURRENTLY ALLOWED
BY ORDINANCE
Town CouncilPage 126 of 136Meeting Date: February 26, 2019
>PROPOSED AMENDMENT
>NOT TO BE CHANGED
Exhibit G
Attached
Detached
Town CouncilPage 127 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-105-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Discussion of items for Future Agendas to include agenda items for consideration on the March 26,
2019 Council agenda and items from the Town Council Future Agenda Items list (T. Class).
Attachments:
March 26, 2019 Proposed Council Meeting Agenda.pdf
Town Council Future Agenda Items List updated 02-21-2019.pdf
DateVer.Action ByActionResult
Agenda Item No. 16:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheMarch26,2019Councilagenda
and items from the Town Council Future Agenda Items list (T. Class).
Town CouncilPage 128 of 136Meeting Date: February 26, 2019
Meeting Date: March 26, 2019
Workshop Start Time 6:00 p.m.
Regular Session Start Time 7:00 p.m.
STAFF
No. Workshop - Start Time 6:00 p.m.RESORDPROCFile IDDept
RPT
Discussion of and provide direction regarding Town marques (T. Class).
1Town Mgr
STAFF
No. Announcements & Reports - Start Time 7:00 p.m.RESORDPROCFile IDDept
RPT
Receive Town Manager Class' update and provide input regarding the following (T.
2Town Mgr
Class):
*Back to Nature Event
*Spring Family Campout
*Early Voting
Receive Town Council Liaison update; discussion of same (T. Class):
3Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSession
4Town Sec
Minutes dated February 26, 2019 (T. Class).
Consider and take appropriate action regarding the financial and variance report
5Finance
and the First Quarter Financial Statement dated December 2018 (T. Class).
Consider and take appropriate action regarding an Ordinance amending the Fiscal
Year 2018-2019 Budget of the Town of Trophy Club, Texas (Budget Amendment
No. 2); providing for an amendment to appropriate funds related to changes in
6Finance
services and supplies, personnel and capital for various departments; and
providing an effective date (T. Class).
Consider and take appropriate action regarding a Resolution to rename Bobcat
7Parks
Trail in Trophy Club Park and the North Linear Trail (T. Class).
Consider and take appropriate action regarding an Ordinance of the Town Council
of the Town of Trophy Club, Texas, amending Subsections (f) and (g) of Section
A1.014, Water and wastewater fees for Public Improvement District No. 1, of
8Com Dev
Appendix A, Fee Schedule, of the Town’s Code of Ordinances; and providing a
penalty and effective date (T. Class).
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Administration of Oath of Office and presentation of Certificate of Election for
9Town Sec
Council Member Place 2 (T. Class).
Remarks to and from Council Member Place 2 (T. Class).
10Town Sec
Consider and take appropriate action regarding the acceptance of the Audit for the
11Finance
Town of Trophy Club, Fiscal Year 2018 (T. Class).
Discussion of and take appropriate action regarding applying for the Safe Routes to
12Parks
School program for the Lakes Trail (T. Class).
Town CouncilPage 129 of 136Meeting Date: February 26, 2019
Discussion of and take appropriate action regarding the process of multiple
13Town Mgr
readings of ordinances (T. Class).
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Discussion of items for Future Agendas to include agenda items for consideration
on the April 9, 2019 Council agenda and items from the Town Council Future
14Town Sec
Agenda Items list (T. Class).
Item No. 1 - Review negotiating with the Trophy Club Municipal Utility District No.
1 to transfer the title for the land that the Annex Building is built on and the
maintenance building by the Wastewater Treatment Plant. (Lamont 11/10/2015)
A)
(1-February 9, 2016) (2-May 10, 2016) (3-August 9, 2016) (4-November 8, 2016)
(5-February 14, 2017) (6-May 23, 2017) (7-May 22, 2018) (8-August 28, 2018) (9-
December 11, 2018) (10-March 26, 2019)
Item No. 2 - Discussion of Green Ribbon grants for the beautification along the
sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-
September 13, 2016) (3-December 13, 2016) (4-March 14, 2017) (5-September 12,
B)
2017) (6-April 10, 2018) (7-July 24, 2018) (8-October 23, 2018) (9-December 11,
2018) (10-March 26, 2019)
Item No. 3 - Receive an update from Town Staff regarding Entryway
Monumentation and Landscaping for the Town of Trophy Club. (Sanders
C)
2/27/2018) (1-May 22, 2018) (2-August 28, 2018) (3-December 11, 2018) (4-March
26, 2019)
Item No. 4 - Discussion of and take appropriate action regarding updating the
Town’s Storm Water Master Plan. (Shoffner 6/12/2018) (1-September 11, 2018)
D)
(2-December 11, 2018) (3-March 26, 2019)
Item No. 6 - Discussion of and possible action between the Town and EDC 4B
regarding long range planning to use the parcel between Bread Winners and
E)
Trophy Club Town Hall. (Sanders 7/24/2018) (1-October 23, 2018) (2-March 26,
2019)
Item No. 8 - Discussion and planning to deal with a right turn lane with an
acceleration lane to turn right and head west on Highway 114 at Trophy Lake
F)
Drive. (Sanders 12/11/2018) (1-March 26, 2019)
STAFF
No. Executive SessionRESORDPROCFile IDDept
RPT
Pursuant to the following designated sections of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
15Town Sec
executive session to discuss the following:
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
A)
the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (T. Class)
Town CouncilPage 130 of 136Meeting Date: February 26, 2019
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
B)
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)
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session (T. Class).
16Town Sec
Town CouncilPage 131 of 136Meeting Date: February 26, 2019
Town Council Future Agenda Items List
(Updated 02/21/2019)
1. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the
title for the land that the Annex Building is built on and the maintenance building by the
Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016)(2-May 10, 2016)
(3-August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017) (7-May 22,
2018) (8-August 28, 2018) (9-December 11, 2018) (10-March 26, 2019)
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer
regarding the Annex Building.
5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this
item can remain on the list until the applicable time to deal with it.
9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda,
tentatively for January 2017, with the TCMUD No. 1 Board of Directors.
11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list.
2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council
Retreat.
3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment
Plant to this item.
5/23/2017 - Mayor Sanders advised that his intent was that the Annex Building would be
utilized for Town storage after Staff relocated into the new Town Hall facility.
5/22/2018 – Direction was given to place the above items on the Joint Session agenda
between Council and the TCMUD No. 1 Board of Directors that would occur in July 2018.
8/28/2018 – There was no new update to provide.
12/11/2018 – Town Manager Class provided an update during Executive Session.
2. Discussion of Green Ribbon grants for the beautification along the sound wall on State
Highway 114.(Sanders 3/8/2016) (1-June 14, 2016) (2-September 13, 2016) (3-December
13, 2016) (4-March 14, 2017) (5-September 12, 2017) (6-April 10, 2018) (7-July 24, 2018)
(8-October 23, 2018) (9-December 11, 2018)(10-March 26, 2019)
6/14/2016 – Mayor Sanders advised that when the sound wall along State Highway 114 is
installed, this item would assist with shrubbery and landscaping through a grant application.
9/13/2016 – Mayor Sanders received consensus to leave this item due to the upcoming
construction of the sound wall. Town Manager Seidel advised that it could be accomplished
through a tri-city partnership with Westlake and Roanoke.
12/13/2016 – Council consensus was to leave this item on the Future Agenda Items list.
3/28/2017 – Mayor Sanders advised that he wanted to pursue moving forward with this
item because this grant greatly assisted with the beautification of Davis Boulevard through
the Town of Westlake.
6/13/2017 – Mayor Sanders requested to delay this item for an update because the
Metroport Cities Partnership was attempting to secure a Regional Green Ribbon Grant for
the beautification of the State Highway 114 corridor through Westlake, Trophy Club, North
Lake, and Roanoke.
9/12/2017 – Mayor Sanders advised that the next Metroport Cities Partnership meeting was
scheduled for September 21, 2017 and this item was on their agenda to be discussed.
Page 1 of 3
Town CouncilPage 132 of 136Meeting Date: February 26, 2019
9/26/2017 – Mayor Sanders advised that Metroport Cities Partnership would be moving
forward with a grant application for beautification.
12/12/2017 – Mayor Sanders advised that there was currently no new information to
provide.
4/10/2018 – Mayor Sanders attended a Texas Department of Transportation meeting where
the following topics were discussed: construction of feeder roads along the highway that did
not currently exist; installation of a Texas U-turn at Solana Boulevard and Kirkwood
Boulevard; changing exit and entrance directions; and installation of irrigation equipment.
7/24/2018 – Mayor Sanders provided an update and advised that MetroportCities
Partnership was in the process of pursuing a Regional Green Ribbon Grant through the
Texas Department of Transportation, which could take up to a year for the grant to be
awarded.
10/23/2018 – Mayor Sanders advised that the majority of the sound wall had been
completed and that he intended to provide additional details regarding the Green Ribbon
Grant process by the December 11, 2018 Council meeting.
12/11/2018 – Mayor Sanders reported that a plan would have to be developed and the
Metroport Cities of Partnership was willing to help coordinate the plan, which would be
brought before the Council at a later date.
3. Receive an update from Town Staff regarding Entryway Monumentation and Landscaping
for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018) (2-August 28, 2018)
(3-December 11, 2018) (4-March 26, 2019)
5/22/2018 – Town Planner Payne provided an update regarding Entryway Monument signs,
Wayfinding signs, and Parks signs. Council gave direction to bring back a plan for repairing
and updating Parks monument signs and a plan for standardizing trailhead signs.
8/28/2018 – Town Planner Payne presented an update regarding Park signage. Council
provided feedback on the design for Park signage.
12/11/2018 – Town Planner Payne provided an update and Councildirected Staff to move
forward with preparing an RFP for Parks signage with Town logos and without Town logos.
4. Discussion of and take appropriate action regarding updating the Town’s Storm Water
Master Plan. (Shoffner 6/12/2018) (1-September 11, 2018) (2-December 11, 2018)(3-
March 26, 2019)
9/11/2018 – Director of Community Development Uzee advised that Staff was working with
Freeseand Nichols to perform a hydraulic study to reflect the improvements made at Fresh
Meadow Drive, Skyline Drive, and Indian Creek Drive. Freese and Nichols were also directed
to review opening the fourth culvert at the Creekmere Drive bridge. Council provided
feedback that Freese and Nichols should also review the impact of the development
occurring in the Town of Westlake.
12/11/2018 - Director of Community Development Uzee provided an update and advised
that Staff would be pursing grants to assist with the study.
5. Discussion of and take appropriate action regarding amending the Town’s sign ordinance.
(Lamont 7/24/2018) (1-October 23, 2018)(2-November 13, 2018) (3-February 12, 2019) (4-
May 14, 2019)
10/23/2018 – Town Attorney Dodd briefly addressed issues concerning temporary signage.
Council suggested that the Town Attorney provide recommendations for any changes that
he saw were necessary at a later date.
Page 2 of 3
Town CouncilPage 133 of 136Meeting Date: February 26, 2019
11/13/2018 – Town Attorney Dodd provided an update during Executive Session.
2/12/2019 – Town Attorney Dodd provided an update during Executive Session.
6. Discussion of and possible action between the Town and EDC 4B regarding long range
planning to use the parcel between Bread Winners and Trophy Club Town Hall. (Sanders
7/24/2018) (1-October 23, 2018) (2-March 26, 2019)
10/23/2018 – Council recommended giving the liaison direction during the Executive Ses-
sion and that information could be provided to the EDC 4B through the liaison without a
joint meeting.
7. Discussion of and possible action regarding restricting Short Term Rentals. (Lamont
9/11/2018) (1-February 12, 2019) (2-May 14, 2019)
11/13/2018 – Discussion took place to keep this item until some of the pending Court of
Appeal cases had been ruled on.
2/12/2019 – Town Attorney Dodd provided an update specific to the City of Austin’s case.
The Court of Appeals switched the panel from three judges to another three judgesand the
City of Austin changed attorneys.
8. Discussion and planning to deal with a right turn lane with an acceleration lane to turn
right and head west on Highway 114 at Trophy Lake Drive. (Sanders 12/11/2018) (1-
March 26, 2019)
Page 3 of 3
Town CouncilPage 134 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-106-T1
Type:Status:
Agenda ItemExecutive Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the
following:
A)Section 551.071 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)Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (T. Class)
2)Conflict of Interest Disclosure Forms (Mayor Sanders)
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:
1)North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro
Tem Shoffner and Council Member Kurtz)
2)North of State Highway 114, west of Trophy Club Drive (T. Class)
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 17:
PursuanttothefollowingdesignatedsectionsoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A)Section551.071ConsultationwithAttorneyunderSubsection(2)toconsultwiththeTownAttorneyonamatterin
whichthedutyoftheattorneytothegovernmentalbodyundertheTexasDisciplinaryRulesofProfessionalConduct
of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically:
1)Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (T. Class)
2)Conflict of Interest Disclosure Forms (Mayor Sanders)
B)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or
valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe
governmental body in negotiations with a third person:
1)NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(MayorProTemShoffnerand
Council Member Kurtz)
2)North of State Highway 114, west of Trophy Club Drive (T. Class)
Town CouncilPage 135 of 136Meeting Date: February 26, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-107-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
2/12/2019Town Council
On agenda:Final action:
2/26/2019
Title:
Consider and take appropriate action regarding the Executive Session (T. Class).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 18:
Consider and take appropriate action regarding the Executive Session (T. Class).
Town CouncilPage 136 of 136Meeting Date: February 26, 2019