Minutes TC 09/28/2015 - Special SessionMINUTES FROM A SPECIAL SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 28, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, September 28, 2015.
The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Tim Kurtz
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Steven Glickman Assistant Town Manager/CFO
Patricia Adams Town Attorney
Holly Fimbres Town Secretary/RMO
Pat Cooke Development Services Manager
Ron Ruthven Town Planner
Mayor Sanders announced the date of Monday, September 28, 2015, called the Town Council to order and
announced a quorum at 7:00 p.m.
REGULAR SESSION
1. Consider and take appropriate action regarding a Final Plat of Trophy Club Municipal Utility District
Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers
to the Town's Subdivision Regulations as requested by the applicant.
Town Planner Ruthven provided an update regarding the item and stated that the Planning and Zoning (P&Z)
Commission recommended approval of the Final Plat. He pointed out that the Final Plat does not match the
Preliminary Plat, as approved by the Council on August 11, 2015, but that the Final Plat matches the direction that
the Council provided on September 22, 2015. Additionally, he advised that the Zoning Board of Adjustment (ZBA)
granted the following: a variance to the front setback requirement in its entirety; a special exception to allow the
material for chain link and barb wire to remain on the perimeter fence; a special exception to the screening wall
requirement on the northern portion of the property; and a special exception to allow the fence to be built beyond
the front building line along the southern property line with the exception that if the fence were to ever be
relocated it would need to be brought up to current code.
Council Member Rowe inquired about the change to the plat that P&Z Commissioner Oldham made at the
meeting.
Town Planner Ruthven advised that it was a minor issue regarding language on the Owner's Dedication Certificate,
which could be approved administratively.
September 28, 2015 Town Council Special Session Minutes Page 1 of 3
Mayor Pro Tem Lamont asked if the applicant had any questions regarding the item.
Motion:
Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve the Final Plat of Lot 1,
Block A, Trophy Club Municipal Utility District No. 1 Wastewater Treatment Facility as submitted and approved by
the P&Z Commission.
Motion passed unanimously.
2. Conduct a hearing as requested by the Trophy Club Municipal Utility District (TCMUD) No. 1 to consider its
request for waivers to various provisions of the Town's Subdivision Regulations applicable to the
development of the Wastewater Treatment Plant (request dated September 4, 2015); Council to consider
and take appropriate action regarding same; discussion and direction regarding Site Plan requirements for
the development of the Wastewater Treatment Plant.
Adam Marsh, Project Engineer with CP&Y Inc., briefly went over the TCMUD No. 1 request for hearing letter dated
September 4, 2015 specific to the following: Application of Subdivision Rules; Road Construction and Perimeter
Fees; and Requirement for Developer's Agreement.
Town Planner Ruthven recommended that when the Site Plan is presented for consideration there be a Right of
Way Encroachment and Joint Use Agreement to allow the improvements that will be built within the new right-of-
way.
Mayor Sanders commented that any requirements for parking and fencing would be dealt with when the Site Plan
is considered. Additionally, he commented that the funding for the road construction and perimeter fee could be
specified in the agreement.
Council Member Reed inquired how much the estimate was for the road construction and perimeter fee.
Mr. Marsh stated that their estimate was $100,000 to $150,000.
Discussion took place regarding the appropriate actions that would need to take place regarding the TCMUD No. 1
request for hearing letter dated September 4, 2015.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to direct the Town Manager to have
the Town Staff prepare a Right of Way Encroachment and Joint Use Agreement, as discussed by Town Planner
Ruthven, to include an estimate for a perimeter fee payment to be paid after a period of deferment.
TCMUD No. 1 General Manager McKnight commented that they will take the items back to the TCMUD No. 1
Board. She stated that when the letter was initially sent, the Board preferred to pay the perimeter street fees but
the issue of concern was today's dollars verses 30 years from now.
Mayor Sanders clarified that the intent was to use today's dollars to protect the Board from potential price
increases and to require the payment at a later time.
Town Attorney Adams commented that fee will be established by the Town Engineer per Town Regulations.
Council Member Shoffner commented that he would like the agreement to reflect that the funds would be
returned after 20 years if the road were not built within that specified timeframe.
The vote was taken.
Motion passed unanimously.
September 28, 2015 Town Council Special Session Minutes Page 2 of 3
Motion:
Motion made by Council Member Parrow, seconded by Council Member Kurtz, that the Town not require a
Developer's Agreement but instead use the Right of Way Encroachment and Joint Use Agreement that was just
approved under Item No. 2.
Town Planner Ruthven stated that the agreement is anticipated to be presented for consideration with the Site
Plan.
The vote was taken.
Motion passed unanimously.
Discussion took place that, if needed, the Council would be willing to hold a Special Session meeting for
consideration of the Site Plan.
TCMUD No. 1 General Manager McKnight thanked the Council for approving the Final Plat.
EXECUTIVE SESSION
(TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION)
3. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following:
Texas Government Code Section 551.071(1) Consultation with Attorney regarding pending or contemplated
litigation and Section 551.071(2) Consultation with Attorney, in order to consult with its attorney on a
matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
(A) Legal Advice regarding the Trophy Club Municipal Utility District No. 1 request for hearing under Town
Subdivision Regulations, Town Development Regulations, and Site Plan Requirements
(B) Actions of Trophy Club Municipal Utility District No. 1 regarding service requests for Meat U Anywhere
and Old Town Development (OTD)
ADJOURN
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
unanimously. Meeting adjourned at 7:26 p.m.
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Holly Fimbres, Town Secretary/RMO
Town of Trophy Club, Texas
J
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
September 28, 2015 Town Council Special Session Minutes Page 3 of 3