Minutes TC 03/08/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, March 8, 2016 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, March 8, 2016. 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 arrived at 7:18 p.m.
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Town Manager
Patricia Adams Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
Mayor Sanders announced the date of Tuesday, March 8, 2016, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Council Member Parrow.
The Pledges were led by Council Member Rowe.
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.
Jim Thomas, 7 Meadowbrook Lane, advised that the comments that he was about to make were solely of his own
and not of the Trophy Club Municipal Utility District (TCMUD) No. 1. He commented that he had been frustrated
regarding the difficulties of communication between the Town and TCMUD No. 1, which began with the TCMUD
No. 1 wastewater treatment plant. He thanked Mayor Sanders and TCMUD No. 1 President Moss for coming up
with a plan that allowed the permit to be issued for the wastewater treatment plant. He stated that he was in full
agreement with the statements that were made by the Council at the end of their January 26, 2016 meeting. He
stated that the TCMUC No. 1 needed to establish a fair market value for the Fire Department land, building, and
equipment and allow the Town to buy the items from the District, while assuming the associated debt. He
believed that this is the right thing to do now, based on the Westlake Entrada development plan. He stated that
he requested an item regarding this be placed on the next TCMUD No. 1 agenda. He concluded by giving his
support for the Town to buy, own, and run the Fire Department to protect the safety and welfare of the citizens.
Ted Powell, 12 Reading Court, stated that he received a message from Parks and Recreation Director Adams that
resolved most of his concerns regarding the Community Garden. He expressed appreciation to the Council and
Parks and Recreation Director Adams for their time spent and effort addressing his concerns. He requested that
the area be returned to a green space after the garden is removed.
ANNOUNCEMENTS
1. Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*Trophy Club Women's Club Garage Sale - Tentative Dates
*RFQ for entryways, signage, etc.
*Town Hall Groundbreaking Event Date
*Volunteer Dinner
Town Manager Seidel updated the Council and addressed questions, no action was taken on this item.
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.
2. Consider and take appropriate action regarding the Minutes dated January 29 and 30, 2016. (Town
Secretary Note: Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding the Minutes dated February 9, 2016. (Town Secretary Note:
Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding the Minutes dated February 19, 2016. (Town Secretary
Note: Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the
Governor, Criminal Justice Division, of a Grant Application for the Regional Mobile Crime Scene Unit
Program for the 2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all
necessary documents.
6. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the
Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System
Program for the 2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all
necessary documents.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda
Items 2 through 6.
Motion passed unanimously.
REGULAR SESSION
7. Consider and take appropriate action regarding design modifications of Trophy Club Town Hall; discussion
of same.
Tom Batenhorst, Principal with GSBS, provided the Trophy Club Town Hall update regarding items that were
Town Council Minutes March 8, 2016 Page 2 of 7
discussed at the February 23, 2016, Council meeting. He reviewed the proposal of putting the ramping system
inside the Council Chambers, which would save five feet from being taken from the actual building and save
approximately $51,000 in funds.
Town Manager Seidel provided a handout specific to available revenue sources and items for consideration based
on available funding.
Council Member Reed pointed out that the facility was originally over budget by approximately $1 million and that
the Council challenged Staff to reduce the budget, resulting with the facility to currently be under budget by
approximately $125,000.
Discussion took place regarding action that the Crime Control and Prevention District Board took at their last
meeting for funding of the new Police Department, which included secured fencing.
Town Manager Seidel advised that tree mitigation funds could be applied to the landscaping.
Mr. Batenhorst discussed the possibility of installing Terrazo flooring in the lobby area, which should last the life of
the building, and alternative flooring would be porcelain tile, which should last approximately 30 years. He
suggested taking the items that were being reconsidered and bid the items as add alternates to identify the true
cost of the items.
Council Member Shoffner commented that he was in favor of using tree mitigation funds.
Council Member Rowe was not in favor of using tree mitigation funds for landscaping because he believed the funds
should be applied toward Town entryways and beautification.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Parrow, to authorize the Town Manager to proceed
with front landscaping, lobby flooring switching to Terrazo, lobby brick wall, Police Department secure fencing,
Council Chambers interior, and retaining wall — east side (PD) based upon available funding.
Mayor Sanders commented that Town Staff have done their due diligence to reduce the overall cost of the facility.
Council Member Shoffner spoke against the motion because it included all the items for reconsideration and he
believed that the amount for being under budget should be increased.
Council Member Rowe commented that he was not in favor of increasing the funding for the Council Chambers
interior.
The vote was taken.
Motion failed for lack of majority 2-5-0 with Mayor Sanders and Council Member Parrow voting for, and Mayor Pro
Tem Lamont and Council Members Reed, Rowe, Kurtz, and Shoffner voting against.
Main Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to authorize Staff to move forward
with the lobby flooring switching to Terrazo, lobby brick wall, Police Department secure fencing, and retaining wall
on the east side with having the option of bollards to replace the wall, and additional 14 parking spaces over the
required number using hotel occupancy tax funds.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Lamont, seconded by Mayor Sanders, that the Police Department
retaining wall be funded by the Crime Control and Prevention District Board.
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Discussion took place that Main Motion encompassed the Police Department secured fencing.
The vote for the Motion to Amend was taken, that the Police Department retaining wall be funded by the Crime
Control and Prevention District Board.
Motion to Amend failed for lack of majority 1-6-0 with Mayor Pro Tem Lamont voting for, and Mayor Sanders and
Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting against.
Motion to Amend:
Motion to Amend made by Council Member Shoffner, seconded by Council Member Kurtz, to include front
landscaping using tree mitigation funds and Tree City funding.
Motion to Amend carried 5-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Kurtz,
and Shoffner voting for, and Council Members Reed and Rowe voting against.
The vote for the Main Motion as Amended was taken, to authorize Staff to move forward with the lobby flooring
switching to Terrazo, lobby brick wall, PD secure fencing, and retaining wall on the east side with having the option
of bollards to replace the wall, and additional 14 parking spaces over the required number using hotel occupancy
tax funds; and to include front landscaping using tree mitigation funds and Tree City funding.
Main Motion as Amended passed unanimously.
Motion:
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve the suggested plan of removing
five feet from the building and the redesign of the ramping system to be in the Council Chambers.
Motion passed unanimously.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the interior upgrades
for the Council Chambers.
Mayor Sanders commented that this item could be bid out as an option, which would include for protective coating
on the walls, stone or wood products behind the Council dais, and ceiling lighting in the Chambers.
The vote was taken.
Motion failed for lack of majority 3-4-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Parrow
voting for, and Council Members Reed, Rowe, Kurtz, and Shoffner voting against.
Discussion took place that the design contractors had under estimated the inflation cycle that the community is
experiencing, which is expected to continue.
8. Consider and take appropriate action regarding an Ordinance amending Subsection f, Community Pool Fees,
within Section A1.012, Parks and Recreation and Special Events, of the Code of Ordinances of the Town of
Trophy Club; and providing an effective date.
Assistant Town Manager/CFO Glickman recommended removing the pavilion reservation of $100 from the
nonresident rental rates.
Motion:
Motion made by Council Member Reed, seconded by Council Member Kurtz, to approve Ordinance No. 2016-08,
amending Subsection f, Community Pool Fees, within Section A1.012, Parks and Recreation and Special Events, of
the Code of Ordinances of the Town of Trophy Club; and providing an effective date of March 8, 2016, with the
removal of pavilion reservation of $100 from the Nonresident Rental Rates.
Motion passed unanimously.
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Consider and take appropriate action regarding proposed amendments to the Town Council Rules of
Procedure and provide direction to staff regarding related ordinance amendments.
A) Consider and take appropriate action regarding an Ordinance repealing Division 2, Meetings and Rules
of Procedure, of Article 1.03, Town Council, of the Town of Trophy Club Code of Ordinances; and
adopting a new Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council; and
providing an effective date.
Mayor Sanders requested to add "Topics of presentations should be limited to matters over which the Council has
authority' at the end of item f of Section 1.03.035, Order of business, agenda.
Discussion took place that it is the Chairs discretion to allow for additional time for speakers during presentation
by citizens or representative(s) of organized groups.
Council Member Shoffner requested to add "or his designee" within Section 1.03.035, Order of business, agenda,
(g) (4) so that it reads: Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall not be permitted by the presiding officer, who shall direct the chief of police or his designee
to remove such offenders from the room.
Mayor Sanders received consensus from the Council to have the necessary corrections made and placed on the
March 22, 2016, consent agenda.
10. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for March 22, 2016 meeting; and discussion of the Town Council Future Agenda
Items list, to include discussion of the below items from the Future Agenda Items list:
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
A) Item No. 1 - Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1 -Oct 28, 2014) (2 -Feb 10,
2015) (3 -May 12, 2015) (4 -August 11, 2015) (5 -December 8, 2015) (6 -March 8, 2016)
Town Manager Seidel advised that Town Staff are continuing to work on this item.
B) Item No. 2 - Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014)
(1 -Nov 13, 2014) (2 -Feb 24, 2015) (3 -May 26, 2015) (4 -August 11, 2015) (5 -December 8, 2015) (6 -March
8, 2016)
Mayor Sanders advised that he placed this item on the Future Agenda Items list because he was contacted by a
citizen who was concerned about multiple individuals living in a single apartment. He believed that possible
restrictions could be implemented to address the concern, as well as other items for high density development
such as parking garages.
Discussion took place that if the Code of Ordinances were to be changed; those changes would not affect PD 30
because that development is governed by its approved planned development document. Additional discussion
ensued that this item could be addressed during the Comprehensive Plan process and to include the following
items when the process begins: renting of rooms from a residence and renting of a residence as a bed and
breakfast.
Town Attorney Adams advised that there are regulations in place for home occupations, that the Town has a rental
property ordinance, and that the Town is regulated by the Federal Fair Housing Act.
Town Council Minutes March 8, 2016 Page 5 of 7
Dennis Sheridan, Chair of the Planning and Zoning Commission, was in favor of the review and stated that the
Town already has adopted an occupancy code, the Property Maintenance Code, and the International Building
Code.
C) Item No. 3 - Discussion of possible uses of hotel occupancy tax funds, including the ability to use the
funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1 -July 14, 2015) (2 -December 8, 2015)
(3 -March 8, 2016)
Town Manager Seidel advised that Town Staff are continuing to work on this item.
D) Item No. 4 - Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders
4/28/2015) (1 -July 28, 2015) (2 -December 8, 2015) (3 -March 8, 2016)
Town Manager Seidel advised that Town Staff are continuing to work on this item.
E) Item No. 5 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1 -August 25, 2015)
(2 -December 8, 2015) (3 -March 8, 2016)
Town Manager Seidel advised that Town Staff are continuing to work on this item.
Mayor Sanders requested to add the following items to the Town Council Future Agenda Items list:
• Discussion of form liners for the sound wall along State Highway 114.
• Discussion of Blue Ribbon grants for the beautification along the sound wall on State Highway 114.
Council Members Shoffner and Reed requested to add the following item to the Town Council Future Agenda
Items list: Explore regulations and guidelines to allow for golf cart use and parking in Town parks.
Council Member Shoffner was in favor of removing the presentation from Patrick Prather with Municipal Mosquito
from the March 22, 2016 Council agenda, and having the information posted on the Town's website to allow for
public access.
EXECUTIVE SESSION
11. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by:
A. Section 551.071 "Consultation with Attorney" under Subsection (1) when the governmental body seeks
the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation
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 (551.071(1) and (2)).
Legal advice regarding fire and emergency medical services, Interlocal Agreements with the Trophy Club
Municipal Utility District No. 1 for Fire Department Services and related matters.
CONVENED INTO EXECUTIVE SESSION - START TIME — 9:03 P.M.
RECONVENED INTO REGULAR SESSION - START TIME — 9:50 P.M.
Town Council Minutes March 8, 2016 Page 6 of 7
RECONVENED INTO REGULAR SESSION
12. Consider and take appropriate action regarding the Executive Session.
Motion:
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to authorize the Town Manager to make
the Council's suggested changes to the proposed Interlocal Agreement for Fire Protection Services, based upon
legal advice, and submit to the Trophy Club Municipal Utility District No. 1.
Council Member Rowe commented that he believed that the Council did productive work regarding the item,
which will hopefully assist in getting the document approved.
The vote was taken.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow, seconded by Council Member Rowe, to adjourn. Motion passed
unanimously. Meeting adjourned at 9:51 p.m.
a�OLL%AAW
Holly Fim , Town Secretary/RMO
Town of Trophy Club, Texas
7
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Town Council Minutes March 8, 2016 Page 7 of 7