Agenda Packet TC 12/11/2018
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Town CouncilPage 5 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-538-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Receive Town Manager Class' update and provide input regarding the following (T. Class):
*Upcoming Events
*Office Closures
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 1:
Receive Town Manager Class' update and provide input regarding the following (T. Class):
*Upcoming Events
*Office Closures
Town CouncilPage 6 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-540-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Badge pinning ceremony for newly hired Police Officers and Fire Marshal (T. Class).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Badge pinning ceremony for newly hired Police Officers and Fire Marshal (T. Class).
Town CouncilPage 7 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-541-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
November 13, 2018 (T. Class).
Attachments:
Draft TC Regular Session Minutes November 13, 2018.pdf
DateVer.Action ByActionResult
Agenda Item No. 3:
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSessionMinutesdatedNovember13,2018(T.
Class).
Town CouncilPage 8 of 64Meeting Date: December 11, 2018
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY, NOVEMBER 13, 2018, 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, November 13, 2018.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Mayor Pro Tem, Place 6
Alicia L. Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Greg Lamont Council Member, Place 5
TOWN COUNCIL MEMBERS ABSENT:
Tim Kurtz Council Member, Place 4
STAFF PRESENT:
Tom Class Town Manager Lisa Payne Town Planner
David Dodd Town Attorney Mike Pastor Information Services 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 Steve Woodard Police Captain
Tony Jaramillo Director of Parks and Recreation Steve Zieverink Information Services Specialist
Mayor Sanders announced the date of Tuesday, November 13, 2018, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Fire Chief Carroll.
The Pledges to the American Flag and Texas Flag were led by Council Member Lamont.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
Janet Lamont, 15 Avalon Drive, stated that on behalf of the Trophy Club election poll workers, she thanked several
individuals for their work and efforts that helped ensure a smooth November 6th Election. She recognized the
following: City Secretary April Hill with the City of Roanoke for ensuring the setup and the opening and closing
during early voting; the City of Roanoke Public Library for sharing their facility during early voting; Medlin Middle
School for sharing their facility on Election Day; Principal Paige Cantrell and Office Manager Monica McDonald with
Medlin Middle School for their hospitality; and Town Staff (Information Services Manager Pastor, Town Manager
Class, Town Secretary Fimbres, Police Chief Arata, and Fire Chief Carroll) for helping with the coordination. She
remarked that this served as a historical election with their election poll workers processing 10,450 voters and that
over 5,850 Trophy Club residents had voted in the county.
Town CouncilPage 9 of 64Meeting Date: December 11, 2018
Tom Mills, 113 Creek Courts Drive, stated that he has been a heavy user of the features at Trophy Club Park for the
past 32 years. For the last nine years, he has been the sole maintainer of the Trophy Club Park trail system and the
Parks and Recreation Department mows the area. He spoke about the bike trails verses horse trails. He explained
that around Lake Grapevine there were three bike trail systems by Knob Hill, Rock Ledge, and Horse Shoe and that
there were no entry fees to access the bike trail systems. There was one horse trail system by Cross Timbers that
joined the Walnut Grove trail and there was no user fee from the east end. The Trophy Club Park entry fee was $3
per horse to enter the main gate. Approximately $10,000 was collected per year for horse entries and only $2,000
was budgeted for non-motorized trail maintenance. Replacing horse trails with bike trails would eliminate this
source of income. The bike and horse trails have been separated for safety reasons. He mentioned that in the
Dallas area, citations have been issued for horse riders when found on bike trails and he hoped the same would
happen when bikers were found on horse trails. Horseback riders have described near death experiences when
silent bike riders startle their horses, especially when it involves a child or a less experienced rider. In closing, he
hoped to see this topic be taken serious.
Donald Edwards, 2704 Cromwell Court, spoke against a recent social media occurrence for the removal of Council
Member Jensen. He stated that Council Member Jensen has done a great job with educating and connecting with
Town residents. After watching Council Member Jensen’s passion and talents, it has inspired him to get involved
more. It would be a great disservice to the residents if he were removed.
Brandon Blake, 2 Palmetto Court, echoed what Mr. Edwards spoke about. He did not think the removal of Council
Member Jensen was necessary due to some divisiveness and a post on Facebook. He believed this was an easy
issue to get past.
David Stout, 661 Sheldon Drive, reaffirmed what Mr. Edwards and Mr. Blake stated. He commented that Council
Member Jensen won by a land slide and stated that he has done an amazing job supporting the Town. He
completely disagreed with any conversation to remove him. He did not agree with the things that have transpired
over the recent weeks and the way the Town has represented itself. He commented that for future elections, it
should be noted who truly represents the Town.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update and provide input regarding the following (T. Class):
Upcoming Events – 5K Turkey Trot was scheduled for November 22nd, at 8:00 a.m., at Byron Nelson High
School; and Christmas in the Park would be held on December 8th, from 6:30 p.m. to 8:30 p.m. at
Independence Park East with a variety of children activities.
Staffing – Introduction of the newly hired Fire Marshal Gary Cochran, Administrative Assistant Diane
Mackres, and Senior Accountant Ernest Gillespie.
November and December 2018 Meeting Dates – Only one Council meeting would be held in November
and December; therefore no meeting would be held on November 27th and December 25th.
2. Receive Town Council Liaison update; discussion of same (H. Fimbres):
*Animal Shelter Advisory Board, October 29, 2018
Council Liaison - Mayor Pro Tem Shoffner
Mayor Pro Tem Shoffner advised that recently the Chairperson of the Animal Shelter Advisory Board participated
in a dog rescue that did not have tags. He reiterated that the Town ordinance still required a person to place and
maintain a collar on an animal with a current identification tag with the owner’s information and a rabies
vaccination tag. The Council had previously eliminated the requirement to register a dog with the Town and the
associated fee. Since then, the Animal Control and Police Department initiated a voluntarily registration called
Register Rover, which was free of charge and would help assist the return of lost dogs. Every police officer has
access to the database and this information would assist with a quicker return of the dog to its owner.
Additionally, he encouraged residents to register their dogs and requested that Staff implement an online
registration on the upcoming new Town website to help make it easier for residents.
Town Council Minutes November 13, 2018 Page 2 of 9
Town CouncilPage 10 of 64Meeting Date: December 11, 2018
On a side note, Mayor Sanders announced that the power had gone out at Town Hall earlier in the day and power
was being run from a generator; therefore there may be a slight interruption later when the power came back on.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
3. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated October
23, 2018 (H. Fimbres). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding an Ordinance amending subsection i, Annual capital
improvement and maintenance charge, of Section A1.014, Water and wastewater fees for Public
Improvement District No. 1, within Appendix A, Fee Schedule, of the Trophy Club Code of Ordinances, to
adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing
an effective date (J. Phillips).
5. Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2018
(J. Phillips).
6. Consider and take appropriate action regarding two Interlocal Cooperation Agreements between the Town
of Trophy Club and Denton County for Fire Protection Services and Ambulance Services; and authorizing the
Mayor or his designee to execute all necessary documents (W. Carroll).
7. Consider and take appropriate action regarding a Developers Agreement between the Town of Trophy Club
and GRBK Edgewood, LLC; and authorizing the Mayor or his designee to execute all necessary documents (T.
Uzee).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve the Consent Agenda
Items No. 3 through 7.
Motion carried unanimously 6-0-0.
REGULAR SESSION
8. Case RP-18-001 (The Highlands, Lot 22R)
A) Conduct a Public Hearing regarding a request for a replat for the purpose of combining two commonly
owned properties into one lot containing approximately 0.29 acres of land and generally located west
of Highlands Court and approximately 150 feet north of Morgan Lane (L. Payne).
Mayor Sanders opened the public hearing at 7:22 p.m.
Town Planner Payne stated that the purpose of this item was to consider a replat for Highlands Court. The
strategic link was Nature & Beautification – Maintain Town assets, services, and codes of ordinances that preserve
the natural beauty of the Town. Earlier this year, Council granted the request to transfer Town owned property
that sits between Gas Well Site No. 2-H and Lot 22 on Highlands Court to the homeowner because the land was
not valuable to the Town. The associated deed has been filed with Denton County and the applicants plan to fence
in the newly acquired land to provide for a larger backyard. The proposed replat conforms to the Town’s
Subdivision Regulations. Additionally, the Planning and Zoning (P&Z) Commission considered this case on
November 1, 2018 and unanimously recommended approval of the replat and Staff recommends approval of the
replat.
Guy and Megan Grivas, applicants and property owners, were available for questions.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:24 p.m.
Town Council Minutes November 13, 2018 Page 3 of 9
Town CouncilPage 11 of 64Meeting Date: December 11, 2018
B) Consider and take appropriate action regarding a request for a replat for the purpose of combining two
commonly owned properties into one lot containing approximately 0.29 acres of land and generally
located west of Highlands Court and approximately 150 feet north of Morgan Lane (L. Payne).
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Shoffner, to approve Case RP-18-001 (The
Highlands, Lot 22R), a request for a replat for the purpose of combining two commonly owned properties into one
lot containing approximately 0.29 acres of land and generally located west of Highlands Court and approximately
150 feet north of Morgan Lane.
Motion carried unanimously 6-0-0.
9. Case RP-18-002 (Oak Hill, Lots 63R & 64R)
A) Conduct a Public Hearing regarding a request for a replat for the purpose of approving setbacks,
vacating an easement, and relocating a property line between two commonly owned lots containing
approximately 0.62 acres of land and generally located northeast of Hilltop and approximately 170 feet
north of Oak Hill Drive (L. Payne).
Mayor Sanders opened the public hearing at 7:25 p.m.
Town Planner Payne stated that the purpose of this item was to consider a replat for Hilltop. The strategic link was
Nature & Beautification – Maintain Town assets, services, and codes of ordinances that preserve the natural
beauty of the Town. The applicant was proposing to move the common lot line of Lot 63 and Lot 64 out from
under the existing house that sits upon it in order for Lot 63 to gain compliance with the code while keeping the
minimum lot size for both lots intact. The proposal included an abandonment of the 10 foot drainage and utility
easement that was centered on the current common lot line and establishes a 10 foot drainage and utility
easement on the new lot line. All signatures from the appropriate utility entities have been obtained.
Confirmation of lot line classifications was requested due to the unusually shaped lots and the placement of the
existing house. The applicant would like to consider the northern property lines as side property lines and the
eastern property line as a rear property line, which would confirm the house was in compliance with the setbacks.
The proposed replat conforms to the Town’s Subdivision Regulations. Additionally, the P&Z Commission
considered this case on November 1, 2018 and recommended approval of the replat and Staff recommends
approval of the replat.
Ron Houston, applicant and owner, was available for questions.
Worth Blake, 244 Oak Hill Drive, Lot 46, stated that he has lived at his residency for almost 29 years. He has been
very happy with their location except he has been dealing with a drainage issue. He has discussed this matter at
the P&Z Commission meeting and with Mr. Houston. The homes on Hilltop were elevated higher and abutted their
homes on Oak Hill Drive; therefore the residents on Oak Hill Drive were receiving their water down flow. There
were six residents that lived near the subject property who were experiencing this issue. He was hopeful that
there was a way for the property owner or for the Town to install a storm drainage line from Lot 44 to the north to
help with the water flow. The neighbors have experienced damage to their fences, trees, shrubs, foundation, and
outdoor furniture.
Eric Orson, 246 Oak Hill Drive, Lot 45, agreed with Mr. Blake and stated that there has been significant flooding
over the years. He has had drainage systems installed twice, which was a high expense, and he noted that Lot 65
was the cause of his drainage issues. He supported installing some sort of drainage solution due to the damage
that has occurred.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:33 p.m.
Town Council Minutes November 13, 2018 Page 4 of 9
Town CouncilPage 12 of 64Meeting Date: December 11, 2018
B) Consider and take appropriate action regarding a request for a replat for the purpose of approving
setbacks, vacating an easement, and relocating a property line between two commonly owned lots
containing approximately 0.62 acres of land and generally located northeast of Hilltop and
approximately 170 feet north of Oak Hill Drive (L. Payne).
Council Member Rowe noted that this particular neighborhood was developed in the late 1970’s. He inquired
when someone has a drainage issue and they suspected that the drainage issue was coming from an adjacent
neighbor, what was the proper method to determine whether or not an easement had been altered in such a way
that it was causing a downstream issue onto another property. Director of Community Development Uzee
responded that the appropriate method would be to contact Staff to perform an initial review of swales, berms,
and flowage patterns. After an initial review, Staff may recommend that the property owner seek an engineer to
take corrective action on their own property. In this instance there was not much drainage criteria in the 1970’s.
Council Member Rowe stated that there was the potential for a new structure to be built on Lot 64. He asked if
current day standards would be applied for the new structure, such as drainage plan requirements. Director of
Community Development Uzee responded that current standards would be applied and he explained that they
would be required to show what was being done to the drainage. Staff would compare the proposed drainage to
maps that were designed at the time the plat was filed. The majority of the time, the builder has the foresight to
determine the best solution. Once a determination has been made a final inspection would be performed later for
verification.
Council Member Rowe inquired if Staff was confident in the process in place, as described, to ensure that the
current conditions would be taken into account when and if plans were submitted for a new structure. Director of
Community Development Uzee confirmed that he was confident in the process.
Council Member Lamont asked where the French drain on Lot 63 was going. Director of Community Development
Uzee responded that it appeared to be coming off Lot 63 to the back of Lot 50. He spoke to the prospective
purchaser of Lot 64 and advised that the pipe should be removed, unless it was determined why the pipe was
installed.
Council Member Lamont inquired if a permit was required to install a French drain. Director of Community
Development Uzee responded that no permit was required.
Council Member Lamont asked if the retaining wall was leaning towards the erosion. Director of Community
Development Uzee responded that the wall currently stands the way it was built. There was a portion that was
cracking but it was not a structural failure and an engineer had made repairs to it.
Mayor Sanders inquired if Staff had reviewed the possible installation of a storm sewer as mentioned by property
owners of Lot 45 and 46, or would Lot 64 be required to drain towards the street when they submitted for a
permit. Director of Community Development Uzee responded that requiring drainage toward the street would
depend on the natural slope of the property and what was intended at the time of development.
Mayor Sanders requested that Staff review if there was a Town responsibility to install a storm sewer during the
process of Lot 64 constructing a structure.
Council Member Jensen thanked Town Planner Payne for her presentation. Additionally, he inquired if Mr. Blake
and Mr. Orson approved of what has been presented, what the P&Z Commission passed, and if they desired the
Council to approve the case.
Mr. Blake stated that they were not opposed to the development, but they did want them to consider paying to
have the drainage taken care of.
Council Member Jensen asked if the P&Z Commission addressed that specifically. Director of Community
Development Uzee responded that the Commission referred them to seek input from the Council. He commented
that the drainage was not specifically addressed in a Staff recommendation.
Town Council Minutes November 13, 2018 Page 5 of 9
Town CouncilPage 13 of 64Meeting Date: December 11, 2018
Mayor Sanders inquired if Lot 64 would be required to submit a drainage plan with their construction plans.
Director of Community Development Uzee responded that was correct.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve Case RP-18-002 (Oak
Hill, Lots 63R & 64R), a request for a replat for the purpose of approving setbacks, vacating an easement, and
relocating a property line between two commonly owned lots containing approximately 0.62 acres of land and
generally located northeast of Hilltop and approximately 170 feet north of Oak Hill Drive.
Motion carried unanimously 6-0-0.
10. Referred Agenda Item - Case O-AMD-17-004 (Artificial Turf)
Consider and take appropriate action regarding an Ordinance for a Town-initiated request to amend
Landscaping Regulations in Section 14.02.352(d)(5) and Section 14.02.352(g)(5) of the Trophy Club Code of
Ordinances to allow artificial turf on residentially zoned properties (T. Uzee).
(Town Secretary Note: The Main Motion as Amended from the October 23, 2018 Council meeting remained on the
floor. Main Motion as Amended, to approve Ordinance No. 2018-27 P&Z, a Town-initiated request to amend
Landscaping Regulations in Section 14.02.352(d)(5) and Section 14.02.352(g)(5) of the Trophy Club Code of
Ordinances to allow artificial turf on residentially zoned properties, as presented by Staff and not incorporate any of
the P&Z Commission’s recommendations; and to include that synthetic turf shall 1) simulate the appearance of live
turf, organic turf, grass, sod, or a lawn, 2) be a type known as cut pile infill with pile fibers with a minimum height
on 1.75 inches 3) be affixed to a permanent backing; 4) have a minimum of an eight year no fade warranty; and 5)
synthetic turf shall be maintained in green fadeless condition and free of weeds, debris, tears, holes, and
impressions.)
Director of Community Development Uzee advised that this item was referred at the October 23, 2018 Council
meeting. The strategic link was Nature & Beautification – Maintain Town assets, services, and codes of ordinances
that preserve the natural beauty of the Town. Based on the last meeting, Staff added information related to the
material and appearance, that a permit would need to be obtained along with requirements to assist with possible
future code issues, and the submission of a grading plan. Staff recommended approval of the ordinance as
presented.
Council Member Rowe inquired about placing a minimum lot coverage percentage to trigger when a permit would
be required. He provided an example that someone may want to install a putting green in their backyard. Director
of Community Development Uzee responded that as the Building Official, a permit would be at his discretion and a
putting green was not considered landscaping. He mentioned that a recent trend was to install artificial turf
between stepping stones around swimming pools while the rest of the yard remained natural; therefore in his
opinion he did not view that scenario as landscaping and necessitating the artificial turf requirements.
Council Member Lamont asked if the terms “easement” and “right-of-way” should be inserted into the portion of
the ordinance regarding damage. Director of Community Development Uzee responded that this was a product
that would be simple enough to roll out of the way and that he didn’t believe that it would be an issue. He
cautioned adding the term “right-of-way” because it may limit the ability for a contractor to make certain repairs if
they needed to go beyond that line.
Council Member Jensen inquired if the language noted in red were changes since the last Council meeting.
Director of Community Development Uzee responded that was correct.
Council Member Jensen advised that there was a Main Motion as Amended on the floor from the October 23,
2018 Council meeting.
Substitute Motion:
Substitute Motion made by Council Member Jensen, seconded by Council Member Rowe, to approve Ordinance
No. 2018-27 P&Z as presented by Staff.
Town Council Minutes November 13, 2018 Page 6 of 9
Town CouncilPage 14 of 64Meeting Date: December 11, 2018
Mayor Sanders commented that the Substitute Motion would replace the Main Motion as Amended that was on
the floor.
Council Member Jensen clarified that the Substitute Motion was to approve the Ordinance as it was presented in
the agenda packet.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Shoffner, seconded by Council Member Rowe, to direct Town Staff to
process and approve all pending permits being held up due to the prohibition of synthetic turf by the close of
business tomorrow evening.
Mayor Pro Tem Shoffner commented that there were three pending permits that were open, one of which has
been open for over a year.
Sue Harper, 16 Fair Green Drive, stated that she could see residents installing a putting green in their backyards or
for a child’s play area. She did not believe that artificial turf would look good in the front or side yards. She felt
that it was basically a rug that would have to be maintained and cleaned with an average life span of eight years.
She was concerned who would be responsible when it started to look bad. It was not environmentally friendly
because it would end up in a land fill. She requested to keep the integrity and the aesthetic appeal of the Town
and consider limiting artificial turf to backyards and being strict with code enforcement.
The vote for the Motion to Amend was taken, to direct Town Staff to process and approve all pending permits
being held up due to the prohibition of synthetic turf by the close of business tomorrow evening.
Motion to Amend carried 5-1-0, with Mayor Pro Tem Shoffner and Council Members Fleury, Jensen, Rowe, and
Lamont voting for and with Mayor Sanders voting against.
The vote for the Substitute Motion as Amended was taken, to approve Ordinance No. 2018-27 P&Z as presented
by Staff; and to direct Town Staff to process and approve all pending permits being held up due to the prohibition
of synthetic turf by the close of business tomorrow evening.
Substitute Motion as Amended carried unanimously 6-0-0.
11. Discussion of and take appropriate action regarding setting a date for the 2019 Council Retreat and discuss
potential agenda items (T. Class).
Town Manager Class advised that Staff proposed to hold the Council Retreat on January 26, 2019.
Council Member Jensen preferred to hold the Retreat the week before, January 19, 2019.
Council Members Rowe and Lamont could do either date.
Town Manager Class stated that the following items would potentially be discussed at the Retreat: High Level
Financial Overview; Town’s Long Term Financial Outlook; Staff Compensation and Personnel Issues; Capital Budget
Items; and the Town Manager, Town Attorney and Town Secretary Quarterly Goals and Objectives and Contract
Reviews.
Council Member Jensen requested to add an item to address the 2019 Council Meeting calendar. He inquired if
Council would do the standard two meetings in January or one meeting since the Retreat would be held the same
month.
Council Member Rowe commented that the second meeting in January 2018 had been canceled; therefore the
January 22, 2019 Council meeting could potentially be canceled. Additionally, he requested to have an item added
to the Retreat agenda to discuss Capital Improvement Projects.
Town Council Minutes November 13, 2018 Page 7 of 9
Town CouncilPage 15 of 64Meeting Date: December 11, 2018
Town Manager Class remarked that there would be one regular Council meeting and one Council Retreat in
January 2019.
12. Discussion of items for Future Agendas to include agenda items for consideration on the December 11, 2018
Council agenda and items from the Town Council Future Agenda Items list (H. Fimbres).
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Council Member Jensen requested to remove Item No. 12 from the Town Council Future Agenda Items list:
Discussion of and take appropriate action regarding the creation of a Volunteer Citizen Response Team. (Jensen
9/25/2018) (1-January 8, 2019)
Mayor Pro Tem Shoffner requested to remove Item No. 10 from the Town Council Future Agenda Items list:
Receive an update regarding ambulance collections for property within the Town’s boundaries and property out of
the Town’s boundaries. (Shoffner 9/11/2018) (1-December 11, 2018)
Discussion took place to keep Item No. 11, regarding Short Term Rentals, until some of the pending Court of
Appeal cases had been ruled on.
Town Attorney Dodd responded that he would send out a brief to Council specific to this item.
EXECUTIVE SESSION
13. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town Attorney on
a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
1) Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (D. Dodd)
2) Sign Ordinance (D. Dodd)
3) Resign-to-Run and Special Election Issues (D. Dodd)
B) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange,
lease, or value of real property if deliberation in an open meeting would have a detrimental effect on
the position of the governmental body in negotiations with a third person:
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)
CONVENED INTO EXECUTIVE SESSION - START TIME – 8:09 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 9:36 P.M.
Town Council Minutes November 13, 2018 Page 8 of 9
Town CouncilPage 16 of 64Meeting Date: December 11, 2018
RECONVENED INTO REGULAR SESSION
14. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and
calling a Special Election to be held on February 16, 2019 for the purpose of electing one (1) Councilmember
to Place No. 2 on the Trophy Club Town Council for the remainder of an unexpired term (expiring in May
2020); 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
(D. Dodd).
Council Member Rowe called for a Point of Order and objected to the consideration of the question.
Mayor Sanders advised that a two-thirds vote was necessary to uphold the objection to consideration.
The vote was taken.
Objection to the consideration carried unanimously 6-0-0.
15. Consider and take appropriate action regarding the Executive Session (H. Fimbres).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 9:38 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes November 13, 2018 Page 9 of 9
Town CouncilPage 17 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-543-T1
Type:Status:
CommunicationConsent Agenda
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Case AP-18-002 (Trophy Club Town Center Addition)
Consider and take appropriate action regarding a request for approval of an amended plat for Trophy
Club Town Center Addition, located on the northeast corner of SH 114 and Trophy Club Drive (T.
Class).
Attachments:
Staff Report - Case AP-18-002.pdf
Exhibit A - Amended Plat.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
Case AP-18-002 (Trophy Club Town Center Addition)
ConsiderandtakeappropriateactionregardingarequestforapprovalofanamendedplatforTrophyClubTownCenter
Addition, located on the northeast corner of SH 114 and Trophy Club Drive (T. Class).
Town CouncilPage 18 of 64Meeting Date: December 11, 2018
To: Mayor and Council
From: Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case AP-18-002
Town Council Meeting, December11, 2018
Agenda Item:
Case AP-18-002 (Trophy Club Town Center Addition)
Consider and take appropriate action regarding a request for approval of an amended plat for
Trophy Club Town Center Addition, located on the northeast corner of SH 114 and Trophy Club
Drive (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:
The Final Plat of Trophy Club Town Center Addition, more commonly known as PD-30, was
approved by Town Council on January 27, 2018. The plat is proposed to be amended to:
(1)reflect the realignment of the Beck Boulevard access easement at the SH 114 access
point,
(2)shift the common lot line between Lots 1 and 2 at the SH 114 access point to bisect the
Beck Boulevard access easement,
(3)remove the Claire Drive access easement attheSH 114access point, and
(4)update public and franchise utility easements.
The aforementioned amendments aredue to:
(1)the necessary relocation of the SH 114 access points becausethey intersectwith
existing utility poles, and
(2)the Texas Department of Transportation’s (TxDOT)and the Town’s denials of the
relocatedaccess pointof Claire Drive at SH 114 because of a higher risk of vehicular
accidents when attempting to enter the highway via the on-ramp located directly across
the frontage road from the townhomes.
Page 1 of 2
Town CouncilPage 19 of 64Meeting Date: December 11, 2018
Work is currently being performed on the overall property to install infrastructure and prepare
the site for building construction. Revised site plan packages, building plans, and civil plans have
been provided to staff to accommodate the proposed amendments to the plat.
In an effort to not confuse the two, easement dedications and easement abandonments are
presented separately since there are instances where they overlap.
The number of lots on theproposed amended plat remains unchanged, as there are still 5 large
development lots, 39 individual townhome lots, 5 HOA lots, and 2 common area lots. The plat
conforms to the Town’s Subdivision Regulations, the Developer’s Agreement, and the PD-30
Development Standards.
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 considersthis item on December 6, 2018. Staff will
provide the Commission’s recommendation at the Town Council meeting.
Staff Recommendation:
Staff recommends approval of the amended plat.
Attachments:
Exhibit A – Amended Plat
Page 2 of 2
Town CouncilPage 20 of 64Meeting Date: December 11, 2018
Exhibit A
Town CouncilPage 21 of 64Meeting Date: December 11, 2018
Exhibit A
Town CouncilPage 22 of 64Meeting Date: December 11, 2018
Exhibit A
Town CouncilPage 23 of 64Meeting Date: December 11, 2018
Exhibit A
Town CouncilPage 24 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-545-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Case SUP-18-001 (HG Sply Co. Alcohol)
A)Conduct a Public Hearing regarding a request made by HG Sply Co. for a Specific Use Permit
to allow alcoholic beverages for on-premises consumption - bar or tavern, on approximately 1.84
acres of land, generally located on the northwest corner of SH 114 and Trophy Wood Drive (T. Class).
B)Consider and take appropriate action regarding a request made by HG Sply Co. for a Specific
Use Permit to allow alcoholic beverages for on-premises consumption - bar or tavern, on
approximately 1.84 acres of land, generally located on the northwest corner of SH 114 and Trophy
Wood Drive (T. Class).
Attachments:
Staff Report - Case SUP-18-001.pdf
ORD 2018-30 P&Z.pdf
Exhibit A - Location Map.pdf
Exhibit B - TABC Application (Pages 1 & 2 Only).pdf
Exhibit C - TABC License and Permit Descriptions.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
Case SUP-18-001 (HG Sply Co. Alcohol)
A)ConductaPublicHearingregardingarequestmadebyHGSplyCo.foraSpecificUsePermittoallowalcoholic
beveragesforon-premisesconsumption-barortavern,onapproximately1.84acresofland,generallylocatedonthe
northwest corner of SH 114 and Trophy Wood Drive (T. Class).
B)ConsiderandtakeappropriateactionregardingarequestmadebyHGSplyCo.foraSpecificUsePermitto
allowalcoholicbeveragesforon-premisesconsumption-barortavern,onapproximately1.84acresofland,
generally located on the northwest corner of SH 114 and Trophy Wood Drive (T. Class).
Town CouncilPage 25 of 64Meeting Date: December 11, 2018
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case SUP-18-001
Town Council Meeting, December 11, 2018
Agenda Item:
Case SUP-18-001 (HG Sply Co. Alcohol)
A.Conduct a Public Hearing regarding a request made by HG Sply Co. for a Specific Use
Permit to allow alcoholic beverages for on-premises consumption – bar or tavern, on
approximately 1.84 acres of land, generally located on the northwest corner of SH 114
and Trophy Wood Drive (T. Class).
B.Consider and take appropriate action regarding a request made by HG Sply Co. for a
Specific Use Permit to allow alcoholic beverages for on-premises consumption – bar or
tavern, on approximately 1.84 acres of land, 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:
HG Sply Co. is requesting approval of a Specific Use Permit (SUP) so that alcohol may be served
on the premises; this request is in regards to the entire building, not just the restaurant portion.
Section 14.02.252 of the Town’s Code of Ordinances categorizes HG Sply’s request as “alcoholic
beverages for on-premises consumption – bar or tavern”. The property’s zoning of Planned
Development No. 25 does not restrict the sales of alcoholic beverages beyond the regulations
of the Code.
As shown in Exhibit B, HG Sply Co. is applying to the Texas Alcoholic Beverage Commission
(TABC) to obtain a Mixed Beverage Permit (MB), a Mixed Beverage Late Hours Permit (LB), a
Caterer’s Permit (CB), a Food and Beverage Certificate (FB), and a Beverage Cartage Permit (PE).
These permits are common for this use and descriptions of each can be found in Exhibit C.
Page 1 of 2
Town CouncilPage 26 of 64Meeting Date: December 11, 2018
Section 14.02.252(b)of the Code of Ordinances states that no alcoholic beverages may be sold
within 300 feetof a church, public school or private school, or public hospital. HG Sply Co.
complies with this requirement, as the closest church (Lake Cities Church of Christ) is
approximately 3,600 feet away, the closest public school (Lakeview Elementary School) is
approximately 2.5 miles away, the closest private school (Primrose School of Westlake at
Entrada) is approximately 2,800 feet away, and the closest public hospital (Methodist Southlake
Hospital) is approximately 2.8 miles away. The nearby Baylor Scott & White Medical Center –
Trophy Club is a private hospital so there are no separation requirements.
Town Code does not restrict hours of operation beyond TABC’s regulations; the Development
Standards for PD-25 specifically allow retail uses and restaurants to operate from 6:00 AM to
2:00 AM, meaning theMixed Beverage Late Hours Permit (LB) is acceptable.
Parking needs are being addressed by on-site parking spaces, in addition to a temporary off-site
parking lot that is intended to be replaced by a parking garage.
The Chief of Police has reviewed this application, as required by Code, and does not have any
objections.
Public notice was published in the newspaper and sent to those who own property within 200
feet of the subject property, as required by State law.
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 considersthis item on December 6, 2018. Staff will
provide the Commission’s recommendation at the Town Council meeting.
Staff Recommendation:
Staff recommends approval of the Specific Use Permit.
Attachments:
Ordinance No. 2018-30 P&Z
Exhibit A – Location Map
Exhibit B – TABC Application (Pages 1 & 2 Only)
Exhibit C – TABC License and Permit Descriptions
Page 2 of 2
Town CouncilPage 27 of 64Meeting Date: December 11, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-30P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVINGASPECIFIC USE PERMIT FOR ALCOHOLIC
BEVERAGES FOR ON-PREMISES CONSUMPTION – BAR OR
TAVERN, TO INCLUDE THE ENTIRE BUILDING ON THE PROPERTY
OF WHICH HG SPLY CO. OPERATES, LOCATED ON LOT 1R, BLOCK
A OF TROPHY WOOD BUSINESS CENTER, WITHINPD PLANNED
DEVELOPMENT NO. 25;PROVIDING FOR INCORPORATION OF
PREMISES;PROVIDINGAPPLICABLE REGULATIONS,
DISCONTINUATION, & REVOCATION; 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 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 applicant seeks to sell alcohol, including but not limited to beer,
wine, and liquor, for on-premises consumption from the entire building on the property
of which HG Sply Co. operates, describing approximately 1.84 acres of land, known as
Lot 1R, Block A of Trophy Wood Business Center; 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, the Planning andZoning Commission of the
Town has recommended to the Town Council the adoption ofthisOrdinance; and
WHEREAS,after due deliberations and consideration of the recommendation of
the Planning andZoning Commission and the information and other materials received
at the public hearing, the Town Council has concluded thatthe adoption of this
Ordinance 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, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Town CouncilPage 28 of 64Meeting Date: December 11, 2018
SECTION 2.
APPLICABLE REGULATIONS,DISCONTINUATION, & REVOCATION
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town, including without limitation regulations governing PD
Planned Development No. 25and all amendments thereto. The Specific Use Permit
granted by this Ordinance shall control in cases of conflict between this Ordinance
and/or PD Planned Development No. 25and/or theComprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinueif the use for which this
Specific Use Permit is granted ceases to be operated at the permitted location for a
minimum period of six (6) continuous months.Further, this Specific Use Permit shall be
subject to revocation in accordance with the Townof Trophy ClubCode of Ordinances.
SECTION 3.
SAVINGSAND 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,
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
ORD 2018-30P&Z Page 2 of 4
Town CouncilPage 29 of 64Meeting Date: December 11, 2018
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 is so ordained.
ORD 2018-30P&Z Page 3 of 4
Town CouncilPage 30 of 64Meeting Date: December 11, 2018
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
Texas, this 11thday ofDecember 2018.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2018-30P&Z Page 4 of 4
Town CouncilPage 31 of 64Meeting Date: December 11, 2018
Exhibit A
N
Hampton Inn
Town Hall
Trophy Wood Dr.
HG Sply Co.
SH 114
Bread Winners
Town CouncilPage 32 of 64Meeting Date: December 11, 2018
Exhibit B
Town CouncilPage 33 of 64Meeting Date: December 11, 2018
Exhibit B
Town CouncilPage 34 of 64Meeting Date: December 11, 2018
Exhibit C
License and Permit Descriptions
BEVERAGE CARTAGE PERMIT (PE)
Permit authorizes a Mixed Beverage, Private Club Registration, Private Club Wine and Beer or
Private Club Exemption Certificate permittee who holds this permit to transport alcoholic
beverages to the licensed premises from the place of purchase.
CATERER'S PERMIT (CB)
Permit authorizes Mixed Beverage Permittee to sell mixed beverages on a temporary basis at a
place other than the premises for which the Mixed Beverage Permit is issued but only in areas
"wet" for the sale of mixed beverages.
FOOD AND BEVERAGE CERTIFICATE (FB)
A Food and Beverage Certificate may be issued to the holder of a Beer Retailer's On-Premise
Permit or Wine and Beer Retailer's Permit if food service is the primary business being operated
on the licensed premise or to the holder of a Mixed Beverage Permit or Private Club Permit if
food service is available on the premises and the gross receipts of alcoholic beverages do not
exceed 50% of total gross receipts.
The holder must meet requirements of the Code and Rule 33.5 concerning minimum number of
entrees served, hours of service, etc.
Certificate allows holder to be exempt from posting a conduct surety bond.
MIXED BEVERAGE PERMIT (MB)
Permit authorizes the holder to sell mixed beverages from unsealed containers and wine, beer,
ale and malt liquor in containers of any legal size for on-premise consumption.
MIXED BEVERAGE LATE HOURS PERMIT (LB)
Permit authorizes a Mixed Beverage permittee to sell mixed beverages between the hours of 12
midnight and 2 a.m.
Source: https://www.tabc.state.tx.us/licensing/license_and_permit_description.asp#liquor
Town CouncilPage 35 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-544-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Case SUP-18-002 (Aloft Hotel)
A)Conduct a Public Hearing regarding a request for a Specific Use Permit to allow less than 150
rooms in a limited-service hotel on a lot zoned PD-30, on approximately 2.3 acres of land, generally
located approximately 950 feet east of Trophy Club Drive and approximately 300 feet north of SH 114
(T. Class).
B)Consider and take appropriate action regarding a request for a Specific Use Permit to allow
less than 150 rooms in a limited-service hotel on a lot zoned PD-30, on approximately 2.3 acres of
land, generally located approximately 950 feet east of Trophy Club Drive and approximately 300 feet
north of SH 114 (T. Class).
Attachments:
Staff Report - Case SUP-18-002.pdf
ORD 2018-31 P&Z.pdf
Exhibit A - Location Map.pdf
Exhibit B - Letter of Intent.pdf
Exhibit C - Conceptual Renderings.pdf
Exhibit D - Informational Flyer.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
Case SUP-18-002 (Aloft Hotel)
A)ConductaPublicHearingregardingarequestforaSpecificUsePermittoallowlessthan150roomsinalimited-
servicehotelonalotzonedPD-30,onapproximately2.3acresofland,generallylocatedapproximately950feeteast
of Trophy Club Drive and approximately 300 feet north of SH 114 (T. Class).
B)ConsiderandtakeappropriateactionregardingarequestforaSpecificUsePermittoallowlessthan150rooms
inalimited-servicehotelonalotzonedPD-30,onapproximately2.3acresofland,generallylocatedapproximately
950 feet east of Trophy Club Drive and approximately 300 feet north of SH 114 (T. Class).
Town CouncilPage 36 of 64Meeting Date: December 11, 2018
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case SUP-18-002
Town Council Meeting, December 11, 2018
Agenda Item:
Case SUP-18-002 (Aloft Hotel)
A.Conduct a Public Hearing regarding a request for a Specific Use Permit to allow less than
150 rooms in a limited-service hotel on a lot zoned PD-30, on approximately 2.3 acres of
land, generally located approximately 950 feet east of Trophy Club Drive and
approximately 300 feet north of SH 114 (T. Class).
B.Consider and take appropriate action regarding a request for a Specific Use Permit to
allow less than 150 rooms in a limited-service hotel on a lot zoned PD-30, on
approximately 2.3 acres of land, generally located approximately 950 feet east of Trophy
Club Drive and approximately 300 feet north of SH 114 (T. Class).
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Kriya Hotels plans to develop an Aloft Hotel within the PD-30 zoning district and is requesting
approval of a Specific Use Permit (SUP) to allow the limited-service hotel to house less than 150
hotel rooms. The PD-30 Development Standards require at least 150 hotel rooms, but an
exception can be made if Town Council approves an SUP, after recommendation by the
Planning and Zoning Commission. Other requirements of limited-service hotels that are in
compliance with the applicant’s preliminary plans are to provide no less than 2,000 square feet
of meeting space, select food service, a lobby, a minimum of 300 square feet in each hotel
room, and a 24/7 on-site staff.
The anticipated 5-story hotel is proposed to be 18 rooms short of the PD-30 requirement. In the
applicant’s Letter of Intent (Exhibit B), it is stated that the intended reduction to 132 hotel
rooms is proposed due to site limitations. According to the International Building Code (IBC),
Page 1 of 2
Town CouncilPage 37 of 64Meeting Date: December 11, 2018
structures of a certain building type are restricted by the type of construction to ensure life
safety; one of these restrictions is height or number of stories.
Per Section 14.02.302(i) of the Trophy Club Code of Ordinances, SUP’s become void if the use
granted lapses for a period of 6 months or more. Kriya Hotels is requesting a 12 month period
before an SUP is void because they are at the mercy of the master developer’s timeliness in
preparing the site for construction.
Public notice was published in the newspaper and sent to those who own property within 200
feet of the subject property, as required by State law.
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 considersthis item on December 6, 2018. Staff will
provide the Commission’s recommendation at the Town Council meeting.
Staff Recommendation:
Staff recommends approval of the Specific Use Permit.
Attachments:
Ordinance No. 2018-31 P&Z
Exhibit A – Location Map
Exhibit B – Letter of Intent
Exhibit C – Conceptual Renderings
Exhibit D – Informational Flyer
Page 2 of 2
Town CouncilPage 38 of 64Meeting Date: December 11, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-31P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
APPROVINGASPECIFIC USE PERMIT TO ALLOW LESS THAN 150
GUEST ROOMS INALIMITED-SERVICE HOTEL, AS REQUIRED BY
ORDINANCE NO. 2016-11 P&Z, LOCATED ONAPPROXIMATELY 2.3
ACRES OF LAND WITHIN PD PLANNED DEVELOPMENT NO. 30;
PROVIDING FOR INCORPORATION OF PREMISES;PROVIDING
APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION;
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
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 applicant seeks to construct a limited-service hotelwithin the
boundaries established by the Development Standards of PD Planned Development
No. 30 and the plat by the name of Trophy Club Town Center Addition; and
WHEREAS, all legal requirements and conditions were compliedwith, 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, the Planning andZoning Commission of the
Town has recommended to the Town Council the adoption ofthisOrdinance; and
WHEREAS,after due deliberations and consideration of the recommendation of
the Planning andZoning Commission and the information and other materials received
at the public hearing, the Town Council has concluded thatthe adoption of this
Ordinance 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, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Town CouncilPage 39 of 64Meeting Date: December 11, 2018
SECTION 2.
APPLICABLE REGULATIONS,DISCONTINUATION, & REVOCATION
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town, including without limitation regulations governing PD
Planned Development No. 30and all amendments thereto. TheSpecific Use Permit
granted by this Ordinance shall control in cases of conflict between this Ordinance
and/or PD Planned Development No. 30and/or theComprehensive Zoning Ordinance.
The Specific Use Permit granted hereby shall discontinueif the use for which this
Specific Use Permit is granted ceases to be operated at the permitted location for a
minimum period of twelve (12)continuous months.Further, this Specific Use Permit
shall be subject to revocation in accordance with the Townof Trophy ClubCode of
Ordinances.
SECTION 3.
SAVINGSAND 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,
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
ORD 2018-31 P&Z Page 2 of 4
Town CouncilPage 40 of 64Meeting Date: December 11, 2018
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 fromand after its date of adoption and
publication as provided by law, and it is so ordained.
ORD 2018-31 P&Z Page 3 of 4
Town CouncilPage 41 of 64Meeting Date: December 11, 2018
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
Texas, this 11thday ofDecember 2018.
C. Nick Sanders, Mayor
Townof Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2018-31 P&Z Page 4 of 4
Town CouncilPage 42 of 64Meeting Date: December 11, 2018
Exhibit A
Office
Multifamily
Townhomes
N
Restaurant/Retail
Hotel
SH 114
Town CouncilPage 43 of 64Meeting Date: December 11, 2018
Exhibit B
LETTER OF INTENT
SUMMARY
Kriya Hotels is proposing a new construction 132 unit Aloft hotel in Trophy Club, Texas. Kriya Hotels will serve
as the developer and management company for the project. KriyaÈs experienced principals have a proven
successful track record in the hospitality industry in construction, asset management, and hotel management. This
includes the successful development and operations of the current Hampton Inn & Suites by Hilton in Trophy
Club, TX.
Kriya Hotels will be responsible for development, financing, operations, sales & marketing, revenue management,
property maintenance, and asset management of the Aloft hotel. The principals reside in the Trophy
Club/Westlake and have a vested interest in the success of the development.
We are proposing 132 rooms based on site limitations. Our building is currently 5 stories, wood frame on floors
2-5. This type of construction doesnÈt allow for another floor and also addition rooms or meeting space would
creating parking limitations. Due to the delay in the overall project we have seen construction costs rise on this
project over 12% in the past 2 years. Changing any construction or design would further delay the project, increase
costs, and potentially cancel the project based on the new economics through a new feasibility study and appraisal
values.
Currently our equity is in hand and we are ready to start this project ASAP.
PROJECT INFORMATION
About the Brand
The Aloft hotel brand has just recently been made a part of the Marriott family of brands with the Starwood-
Marriott merger. Aloft is a lifestyle brand designed for global travelers who love open spaces, open thinking, and
open expression. The hotel offers amenities such as swimming pools, pool tables, hot breakfast, and the trendy
W XYZ bar for colleagues and friends to mix, meet and mingle over music and cocktails.
Always at the forefront of innovation and technology, the brand was one of the first in the industry to offer keyless
technology allowing the guest to enter their guestroom with their mobile device, ÅsmartÆ voice-activated hotel
rooms, and most recently introduced, Botlr, the robotic butler, to take the guestsÈ experience to a whole different
level, ensuring the guest receives what they want, exactly when they want it.
The hotel is projected to produce approximately $6million in room revenue and $1million in food & beverage
revenue which will contribute significant tax revenue to the Town of Trophy Club. We will also employee
approximately 30-35 full-time employees.
Page 2 of 4
Town CouncilPage 44 of 64Meeting Date: December 11, 2018
Exhibit C
Town CouncilPage 45 of 64Meeting Date: December 11, 2018
Exhibit C
Town CouncilPage 46 of 64Meeting Date: December 11, 2018
Exhibit C
Town CouncilPage 47 of 64Meeting Date: December 11, 2018
Exhibit D
ALOFT
HOTELS
DIFFERENT. BY DESIGN.
Bursting with a vibrant social atmosphere and a competitive price point, travelers around the globe are seeking the Aloft
experience. With 155 hotels across 20 countries and 5 continents, Aloft has taken the industry by storm, stealing market share
and gaining third-party recognition while its raving brand fan base continues to grow. The time to build is now. Lets go.
KEY COMPETITORS
Hilton Garden Inn, Hyatt Place FRANCHISE HOTEL PERFORMANCE**
75.9%
RECORD GROWTH Average Occupancy Rate:
With 155 hotels across 20 countries and more in the pipline,
Average Daily Room Rate: $145.62
increasing guest and owner demand is driving expasion globally.
RevPAR: $110.46
.
Average RevPAR Index: 105.0
Highly effective and cost efficient design works for all building types:
prototype, conversion, adaptive reuse and purpose build.
- Fully sourced, easy to use FF&E package
Starwood Preferred Guest contributed
- Designed as a prototypical build for both guestroom and public space
48.8% occupancy
Central marketing delivery channels
generated 84% of room revenue
PIPELINE*
DISTRIBUTION*
Asia Pacific:
COMPETITIVE FEE STRUCTURE**
Asia Pacific:
20 Hotels / 3,821 Rooms
26 Hotels / 6,031 Rooms
Application: $60,000 plus $450 per room in
CALA:
excess of 150 rooms
CALA:
10 Hotels / 1,474 Rooms
8 Hotels / 1,330 Rooms
Franchise: 5.5% Gross Room Sales
Europe:
Europe:
9 Hotels / 1,718 Rooms
7 Hotels / 1,310 Rooms
Program: 4% Gross Room Sales including sales,
marketing and other costs
Middle East & Africa:
Middle East & Africa:
9 Hotels / 1,646 Rooms
7 Hotels / 1,867 Rooms
Loyalty (SPG): 4.9% of qualified charges (0% for
new hotel enrollment 1st stays) member -
North America:
North America:
applicable charges.
84 Hotels / 11,492 Rooms
107 Hotels / 15,932 Rooms
*Q3 2018
COST TO BUILD**
80-110 Keys: $107,000 - $169,000
120-150 Keys: $98,000 - $151,000
**2018 Aloft Franchise Disclosure Document. For all other costs and fees,
refer to the FDD
EUROPE
7
NORTHASIA
AMERICAPACIFIC
107
26
MIDDLE EAST
& AFRICA
7
CALA
8
Town CouncilPage 48 of 64Meeting Date: December 11, 2018
STYLE.
Exhibit D
SUBSTANCE.
INNOVATION.
Clean, contemporary architecture houses open spaces that are alive with activity. The Re:mix lounge and pool table set the
®
stage for innovative programming and cant-miss events. Loft-like guestrooms, a vibrant social scene anchored by the WXYZ
bar, Re:fuel café and industrial design elements set Aloft apart from its competitors. Aloft is always evolving its design to
commodate the lifestyle of todays modern traveler.
GUESTROOMS
With increased efficiencies, an
update to design and a more flexible
in-room layout, the new guestroom is
everything guests need and nothing
they dont. For conversions, options
for both prototypical square layout
& a shotgun-style room are
in development.
®
RE:MIX & W XYZBAR
Re:mix has been updated to include
more zones and signature touch
points like listening booths, to allow
guests to mix it up over music and
®
sip on seasonal cocktails at W XYZ
bar. Guests can catch cant miss live
acoustic concerts while snacking
on our new menu of sharable plates
with a twist.
RE:FUEL BY ALOFT
Introducing the next generation
foodie fix at Aloft Hotels. From
morning to midnight, guests have
access to made-to-order fresh,
nutritious and innovative food
options. Breakfast is made easy
with digital ordering kiosks, video
entertainment screens and items
prepared to take on the go.
ALOFT HOTELS FRANCHISE DISCLOSURE:
The data above reflects the performance for the 65 Aloft Hotels open and operating in North America for 24 months as of December 31, 2017, for which Smith Travel Research, Inc. has
data and which did not undergo material renovations or expansions during the 24 months preceding December 31, 2017. Of the 65 Aloft hotels, 30 (46.2%) achieved an average
occupancy rate equal to or greater than 75.9%; 25 (38.5%) achieved an average daily room rate equal to or greater than $145.62; 23 (35.4%) achieved or exceeded the average RevPAR
of $110.46; and 30 (46.2%) achieved an average RevPAR Index equal to or greater than 105. There were 66 Aloft hotels open and operating in North America for at least two years as of
Town CouncilPage 49 of 64Meeting Date: December 11, 2018
December 31, 2017, and did not undergo any material renovations during that time. Of the 66 Aloft hotels, 29 (44%) achieved an average centralized marketing delivery contribution to
revenue equal to or greater than 89%; and 34 (51.5%) achieved an average SPG contribution to occupancy equal to or greater than 48.8%. There is no assurance that you will do as well
OFFER AND SALE BY PROSPECTUS ONLY. See of our Franchise Disclosure Document dated March 31, 2017, for additional details.
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-546-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Discussion of items for Future Agendas to include agenda items for consideration on the January 8,
2019 Council agenda and items from the Town Council Future Agenda Items list (T. Class):
A)Item No. 2 from the Future Agenda Items list: 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)
B)Item No. 3 from the Future Agenda Items list: 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)
C)Item No. 4 from the Future Agenda Items list: Discussion of and take appropriate action
regarding the development of a Parkland Dedication Fund Policy. (Jensen 6/12/2018) (1-September
11, 2018) (2-December 11, 2018)
D)Item No. 5 from the Future Agenda Items list: 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)
Attachments:
January 8, 2019 Proposed Agenda.pdf
Town Council Future Agenda Items List updated 11-27-2018.pdf
Staff Report - Parkland Dedication Fund Update.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheJanuary8,2019Councilagenda
and items from the Town Council Future Agenda Items list (T. Class):
A)ItemNo.2fromtheFutureAgendaItemslist:DiscussionofGreenRibbongrantsforthebeautificationalongthe
soundwallonStateHighway114.(Sanders3/8/2016)(1-June14,2016)(2-September13,2016)(3-December13,
2016)(4-March14,2017)(5-September12,2017)(6-April10,2018)(7-July24,2018)(8-October23,2018)(9-
December 11, 2018)
B)ItemNo.3fromtheFutureAgendaItemslist:ReceiveanupdatefromTownStaffregardingEntryway
MonumentationandLandscapingfortheTownofTrophyClub.(Sanders2/27/2018)(1-May22,2018)(2-August28,
2018) (3-December 11, 2018)
C)ItemNo.4fromtheFutureAgendaItemslist:Discussionofandtakeappropriateactionregardingthe
developmentofaParklandDedicationFundPolicy.(Jensen6/12/2018)(1-September11,2018)(2-December11,
2018)
D)ItemNo.5fromtheFutureAgendaItemslist:Discussionofandtakeappropriateactionregardingupdatingthe
Town’s Storm Water Master Plan. (Shoffner 6/12/2018) (1-September 11, 2018) (2-December 11, 2018)
Town CouncilPage 50 of 64Meeting Date: December 11, 2018
Meeting Date: January 8, 2019
Regular Session Start Time 7:00 p.m.
Announcements & Reports
No.
Receive Town Manager Class' update and provide input regarding the following
1Town Mgr
(T. Class):
May 4, 2019 Election
Receive a demonstration of the Town's new website (T. Class).
2Admin Ser
Receive Town Council Liaison update; discussion of same (T. Class):
3Town Sec
STAFF
No.ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegular
4Town Sec
Session Minutes dated December 11, 2018 (T. Class).
Consider and take appropriate action regarding the financial and variance
5Finance
report dated September 30, 2018 (T. Class).
Consider and take appropriate action regarding the financial and variance
6Finance
report dated October 31, 2018 (T. Class).
Consider and take appropriate action regarding an Agreement between the
Town of Trophy Club and Freese and Nichols to provide stormwater engineering
and compliance assistance for the Town’s MS4 program and stormwater
7Com Dev
management needs; and authorizing the Mayor or his designee to execute all
necessary documents (T. Class).
STAFF
No.Regular SessionRESORDPROCFile IDDept
RPT
Receive an update from Dr. Ryder Warren, Superintendent with Northwest
Independent School District, regarding an annual District overview; discussion
8Town Mgr
of same (T. Class).
Consider and take appropriate action regarding an Ordinance amending the
Town’s Code of Ordinances to remove the temporary use permit requirement
9Police
for the annual Community Garage Sales (T. Class).
Town Council Future Agenda Item No. 8
10Parks
Consider and take appropriate action regarding the Trophy Club Park Master
Plan (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 January 19, 2019 Council Retreat agenda and on the
11Town Sec
February 12, 2019 Council agenda, as well as items from the Town Council
Future Agenda Items list (T. Class).
Item No. 6 from the Future Agenda Items list: - Receive an update from Staff
and take appropriate action regarding the possibility to allow attached forward
A)
facing garages. (Rowe 6/26/2018) (1-September 25, 2018) (2-January 8, 2019)
Town CouncilPage Page 1 of 2 51 of 64Meeting Date: December 11, 2018
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
12Town Mgr
into 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
A)
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)
Section 551.072 Deliberation regarding Real Property to discuss or deliberate
the purchase, exchange, lease, or value of real property if deliberation in an
B)
open meeting would have a detrimental effect on the position of the
governmental body in negotiations with a third person:
North of State Highway 114, east of Trophy Club Drive and west of Town limits
(Mayor Pro Tem Shoffner and Council Member Kurtz)
STAFF
No.Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session (T. Class).
13Town Mgr
Town CouncilPage Page 2 of 2 52 of 64Meeting Date: December 11, 2018
Town Council Future Agenda Items List
(Updated 11/27/2018)
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)
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.
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)
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 53 of 64Meeting Date: December 11, 2018
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 Metroport Cities
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.
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)
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.
4. Discussion of and take appropriate action regarding the development of a Parkland Dedi-
cation Fund Policy. (Jensen 6/12/2018) (1-September 11, 2018) (2-December 11, 2018)
9/11/2018 – Director of Administrative and Financial Services Phillips provided an update
and advised that Staff was currently reviewing other cities best practices for this type of
policy. Council provided feedback that this should be presented to the Council Budget
Subcommittee before being presented to Council.
5. 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)
9/11/2018 – Director of Community Development Uzee advised that Staff was working with
Freese and 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.
6. Receive an update from Staff and take appropriate action regarding the possibility to al-
low attached forward facing garages. (Rowe 6/26/2018) (1-September 25, 2018)(2-
January 8, 2019)
9/25/2018 – Town Planner Payne sought guidance from Council if they desired to amend the
Code of Ordinances for certain straight zoning districts to allow attached forward facing
garages. Council provided guidance for potential amendments in certain zoning districts.
Page 2 of 3
Town CouncilPage 54 of 64Meeting Date: December 11, 2018
7. 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)
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.
11/13/2018 – Town Attorney Dodd provided an update during Executive Session.
8. Discussion of and take appropriate action regarding the Trophy Club Park Master Plan.
(Shoffner 7/24/2018) (1-October 9, 2018)(2-January 8, 2019)
10/09/2018 – Director of Parks and Recreation Jaramillo provided an update on the concep-
tual Master Plan and Council provided input on potential modifications.
9. 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-February 12, 2019)
10/23/2018 – Council recommended giving the liaison direction during the Executive Session
and that information could be provided to the EDC 4B through the liaison without a joint
meeting.
10. Discussion of and possible action regarding restricting Short Term Rentals. (Lamont
9/11/2018) (1-February 12, 2019)
11/13/2018 – Discussion took place to keep this item until some of the pending Court of Ap-
peal cases had been ruled on.
Page 3 of 3
Town CouncilPage 55 of 64Meeting Date: December 11, 2018
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: Parkland Dedication Fund
Town Council Meeting, December 11, 2018
Agenda Item:
Discussion of and take appropriate action regarding the development of a Parkland Dedication
Fund Policy. (Jensen 6/12/2018) (1-September 11, 2018) (2-December 11, 2018)
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Staff was asked to develop guidelines for the use of Parkland Dedication Funds. Below are
proposed guidelines for Town Council’s consideration:
Eligible project:
Acquisition of land for public park purposes.
Capital projects for the development of new public parks which may include
any associated site preparation and drainage; the provision of park facilities,
such as, play equipment, sports fields, and pathways: or the provision of
recreation facilities, community centers or indoor pools.
Capital projects to increase the capacity of existing public parks and/or
recreation facilities to accommodate more intensive public use; the provision
of additional park facilities, for example play equipment, splash pads and site
furniture; and /or the provisions of additional recreation facilities, for
example the expansion or upgrading of program spaces in community
centers, indoor pools and arenas.
Page 1 of 2
Town CouncilPage 56 of 64Meeting Date: December 11, 2018
Projects for repair, renewal, and lifecycle replacement in relation to fixed
recreation` and park assets and the total project costs (planning, design, and
implementation) associated with these works.
Ineligible project:
Any non-capital costs (studies, ongoing operations, maintenance. etc.).
Any project that will require operating budgets.
Any costs associated with the acquisition of non-fixed or portable
recreational assets, for example, sports equipment, exercise equipment, etc.
Any cost or work associated with facilities or property not owned by the
Town.
Any capital project associated with facilities operated through a public-
private partnership to deliver Town recreational services.
Any capital project associated withland that is not a public park.
Any capital project associated with land that is not either one of a public park
or being used for recreational purposes.
Plaques, engravings, etc. acknowledging the funding source as a cash-in-lieu
of parkland account are not permitted on items with a total value of less than
$10,000.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends moving forward with implementation of the eligibility guidelines forthe use
of Parkland Dedication Funds.
Attachments:
None.
Page 2 of 2
Town CouncilPage 57 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-547-T1
Type:Status:
Agenda ItemExecutive Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A)Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town
Attorney on a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas
Open Meetings Act, specifically:
1)Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (T. Class)
2)Loop Road (T. Class)
3)Resign-to-Run and Special Election Issues (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)Potential transfer of property (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:
Municipal Court Judge position (Mayor Sanders)
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 8:
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,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)Loop Road (T. Class)
3)Resign-to-Run and Special Election Issues (Mayor Sanders)
B)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or
valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe
governmental body in negotiations with a third person:
1)NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(MayorProTemShoffnerand
Town CouncilPage 58 of 64Meeting Date: December 11, 2018
File #:2018-547-T,Version:1
Council Member Kurtz)
2)Potential transfer of property (T. Class)
C)Section551.074PersonnelMatterstodiscussordeliberatetheappointment,employment,evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Municipal Court Judge position (Mayor Sanders)
Town CouncilPage 59 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-566-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
12/5/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, appointing
a presiding judge and alternate judges for the Trophy Club Municipal Court of Record No. 1; and
providing an effective date (Mayor Sanders).
Attachments:
ORD 2018-32 - Appointing Municipal Court Judges.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
ConsiderandtakeappropriateactionregardinganOrdinanceoftheTownofTrophyClub,appointingapresidingjudge
andalternatejudgesfortheTrophyClubMunicipalCourtofRecordNo.1;andprovidinganeffectivedate(Mayor
Sanders).
Town CouncilPage 60 of 64Meeting Date: December 11, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCENO. 2018-32
AN ORDINANCEOF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, PROVIDING FOR THE APPOINTMENT OF A
PRESIDING JUDGE AND TWO (2) ALTERNATE MUNICIPAL COURT
JUDGES WITH TWO (2) YEAR TERMS EACH, EXPIRING ON
JANUARY 31, 2021; FINDING THAT THE PERSONS IDENTIFIED
HEREIN TO SERVE MEET THE REQUIREMENTS FOR SERVICE AS A
MUNICIPAL COURT JUDGE PURSUANT TO STATE LAW AND THE
CHARTER OF THE TOWN OF TROPHY CLUB; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town’s Home Rule Charter provides for Town Council
appointment of one or more persons to serve as Municipal Court Judges for the Trophy
Club Municipal Court of Record No. 1; and
WHEREAS,Section 7.02.031 of the Town’s Code of Ordinances provides that
the Town Council shall appoint a Presiding Judge and, at its discretion, appoint one or
more Alternate Judges. The Presiding Judge and the Alternate Judges shall be
appointed for terms of two (2) years each and shall have the authority provided by state
law; and
WHEREAS,the Town Council has been presented with the names of three (3)
individuals who possess the requirements specifiedby state law and in Section 4.11 of
the Town’s Charter to serve as Judges for the Trophy Club Municipal Court of Record
No. 1; and
WHEREAS,each of the individualshereby appointed are residentsof this state,
citizensof the United States, licensed attorneysin good standing, licensed to practice in
the State of Texas and have two (2) or more years of experience in practicing law in this
state.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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. Appointment of Judges and Term of Office. The Town Council hereby
finds that the following persons possess all qualifications necessary to serve as Judges
of the Trophy Club Municipal Courtand the Town Council hereby appoints such
persons to serve as Judges of the Trophy Club Municipal Court of Record No. 1 in the
capacity as set forth belowfor the period of two (2) years, with such term expiring on
January 31, 2021:
Presiding Judge _________________
Alternate Judge _________________
Alternate Judge _________________
Town CouncilPage 61 of 64Meeting Date: December 11, 2018
Section 3.Effective Date.That this Ordinanceshall become effective from and after
its date of passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 11th dayof December 2018.
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 2018-32 Page 2 of 2
Town CouncilPage 62 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-567-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
12/6/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Discuss status of Resign-to-Run and Special Election (Mayor Sanders).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 10:
Discuss status of Resign-to-Run and Special Election (Mayor Sanders).
Town CouncilPage 63 of 64Meeting Date: December 11, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-548-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/13/2018Town Council
On agenda:Final action:
12/11/2018
Title:
Consider and take appropriate action regarding the Executive Session (T. Class).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 11:
Consider and take appropriate action regarding the Executive Session (T. Class).
Town CouncilPage 64 of 64Meeting Date: December 11, 2018