Minutes TC 10/11/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday,October 11,2016 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, October 11, 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
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S)PRESENT:
Patrick Arata Acting Town Manager
Steven Glickman Assistant Town Manager/CFO
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Pat Cooke Development Services Manager
Rick Lasky Interim Fire Chief
Ron Ruthven Town Planner
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Tuesday, October 11, 2016, called the Town Council to order and
announced a quorum at 7:01 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges to the American Flag and Texas Flag were led by Council Member Shoffner.
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.
Pam Daubert, 2827 Exeter Drive, filled out a Speaker Request Form and provided a handout to the Council
regarding an ice machine request for the Fire Station but she left prior to the item being presented.
Nathan Dally,2817 Chatswood Drive,commented that he was in the process of obtaining his Communication merit
badge from the Boy Scouts of America. He thanked the Council for the opportunity to observe how the Council
communicated during their meetings.
Interim Fire Chief Lasky announced that the month of October was Breast Cancer Awareness month and presented
the Council with an issued t-shirt that represented a portion of the Trophy Club Fire Department uniform, which
recognized their support for the cause.
ANNOUNCEMENTS AND REPORTS
1. Acting Town Manager Arata's update regarding the following; discussion and provide input regarding same
(Staff).
*Early Voting
*October Events
*Town Hall Construction
Acting Town Manager Arata updated the Council and addressed questions; no action was taken on this item.
Council Member Shoffner recommended that the monthly Fire Department Report be provided to both the Town
Council and Trophy Club Municipal Utility District(TCMUD) No. 1 Board of Directors; therefore alleviating the Fire
Chief from having to attend TCMUD No. 1 Board of Directors meetings since the Town now operated the Fire
Department.
2. Town Council Liaison Updates;discussion of same:
*Economic Development Corporation 4B,October 3,2016
Council Liaison-Council Member Rhylan Rowe
Council Member Rowe 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.
3. Consider and take appropriate action regarding the Minutes dated September 13, 2016 (Staff). (Town
Secretary Note:Approved as presented in the Town Council agenda packet).
4. Consider and take appropriate action regarding financial and variance report dated August 2016(Staff).
5. Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2016
(Staff).
6. Consider and take appropriate action regarding a Proclamation of the Town Council declaring November
7-11,2016 as Municipal Court Week in Trophy Club;and providing an effective date(Staff).
7. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town
and Denton County for Public Safety Application Support and Maintenance for the Police Department; and
authorizing the Mayor or his designee to execute all necessary documents(Staff).
8. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town
and Denton County for Public Safety Application Support and Maintenance for the Fire Department; and
authorizing the Mayor or his designee to execute all necessary documents(Staff).
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda
Items 3 through 8.
Motion passed unanimously.
Town Council Minutes October 11, 2016 Page 2 of 8
PUBLIC HEARING
9. Conduct a public hearing regarding amendments to the Town of Trophy Club's Code of Ordinances,
amending Section 14.02.052 - General Definitions, Section 14.02.103 - Use Table and Section
14.02.252 - Sale of Alcoholic Beverages in order to amend regulations regarding the sale of alcoholic
beverages in the Town.Case ADM-16-13(Staff).
Mayor Sanders opened the public hearing at 7:15 p.m.
There was no one present that wished to speak regarding the item.
10. Conduct a Public hearing regarding amendments to the Town of Trophy Club's Code of Ordinances,
amending Section 14.02.103 - Use Table and amending Article 14.02 -Zoning Ordinance by creating a new
section to be called Section 14.02.356 - Solar Panel Systems in order to provide comprehensive standards
for the construction,placement and maintenance of solar panels in the Town.Case ADM-16-14(Staff).
There was no one present that wished to speak regarding the item.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:17 p.m.
REGULAR SESSION
11. Consider and take appropriate action regarding amendments to the Town of Trophy Club's Code of
Ordinances, amending Section 14.02.052 - General Definitions, Section 14.02.103 - Use Table and Section
14.02.252 - Sale of Alcoholic Beverages in order to amend regulations regarding the sale of alcoholic
beverages in the Town.Case ADM-16-13(Staff).
Town Planner Ruthven presented the item and stated that on May 7, 2016, Trophy Club voters approved a local
option referendum that allowed "The legal sale of all alcoholic beverages including mixed beverages". Therefore,
Staff was proposing adding four categories for Specific Use Permit (SUP) requests to the Town's Code of
Ordinances for the following: Alcoholic Beverage Sales for Off-Premises Consumption (Beer & Wine Only);
Alcoholic Beverage Sales for Off-Premises Consumption—Liquor(Package) Store;Alcoholic Beverage Sales for On-
Premise Consumption in Conjunction with a Restaurant Use;and Alcoholic Beverages for On-Premise Consumption
- Bar or Tavern. The four categories would require the approval of an SUP by the Council, upon the
recommendation of the Planning and Zoning (P&Z) Commission, prior to any issuance of the certificate of
occupancy. Staff proposed tying the SUP to the owner of the business and to have an automatic expiration upon a
change in ownership. Additionally, he advised that the P&Z Commission approved the item at their August 18,
2016 meeting subject to the following condition: A bar/tavern shall be no closer than 1,500 feet from another
bar/tavern as measured from front door to front door using the measurement methodology already in place in the
code.
Discussion took place that a restaurant with an SUP could not exceed 75 percent of their gross receipts for alcohol
sales. Additional conversation ensued that the proposed P&Z Commission requirement of 1,500 applied to bars
and taverns, not restaurants, and that the Council would have the ability to grant a waiver to allow two bars or
taverns to be less than 1,500 feet from front door to front door.
Council Member Rowe inquired about an example that would apply to the proposed provision of "Additional
development conditions/waivers. The council may attach additional development conditions, or grant specific
waivers to applicable code requirements, to the specific use permit that the council, in its discretion, determines
are appropriate for buffering, safety, security, and compatibility for and to adjacent properties". Town Planner
Ruthven advised that the waiver could be for a pertinent development condition such as screening or buffering,or
for a multi-tenant center that had a church within 300 feet of a restaurant with alcohol sales. Additionally, he
stated that Planned Development (PD) zoning was not included with the permitted uses since a request would
trigger an amendment to the applicable PD district zoning.
Town Council Minutes October 11, 2016 Page 3 of 8
Council Member Rowe asked about his prior recommendation to allow for the emerging use of tap rooms that
were a combination of on and off-premise consumption. Town Planner Ruthven stated that there would be
flexibility to allow that type of use under the Texas Alcoholic Beverage Commission classification of BG, Wine and
Beer Retailer's Permit,which allowed for on and off-premise consumption.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Ordinance No. 2016-45
P&Z,amending Section 14.02.052 -General Definitions, Section 14.02.103-Use Table and Section 14.02.252-Sale
of Alcoholic Beverages of the Town of Trophy Club's Code of Ordinances in order to amend regulations regarding
the sale of alcoholic beverages in the Town.Case ADM-16-13,with the following modifications:
• Amend Section 14.02.252, Sale of alcoholic beverages, Subsection (e), Specific use permit (SUP), Number
(3), Compliance Required, Alpha (D), Alcoholic Beverages for On-Premise Consumption — Bar or Tavern,
Romanette (i) to state the following: A bar or tavern shall not be located closer than 300 feet to any
property used exclusively for religious or educational purposes. The method of measurement shall be
along the property lines of the street fronts and from front door to front door, and in direct line across
intersections.A hotel shall not be considered a residential use for the purpose of this section.
• Remove Sec 14.02.252,Sale of alcoholic beverages, Subsection (e), Specific use permit(SUP), Number(3),
Compliance Required, Alpha (D), Alcoholic Beverages for On-Premise Consumption — Bar or Tavern,
Romanette(ii): A bar or tavern shall be no closer than 1,500 from another bar/tavern as measured along
the property lines of the street fronts and from front door to front door, and in a direct line across
intersections.
Council Member Rowe changed the 500 feet requirement to 300 feet and removed live-in healthcare or residential
from Romanette (i) because that would have highly impacted the upcoming Trophy Wood district, as well as the
PD 30 development. Additionally, he removed Romanette(ii) because it was an unnecessary market limitation for
future development.
The vote was taken.
Motion carried 6-1-0 with Mayor Sanders,Mayor Pro Tern Lamont,and Council Members Reed, Rowe,Kurtz and
Shoffner voting for,and Council Member Parrow voting against.
12. Consider and take appropriate action regarding amendments to the Town of Trophy Club's Code of
Ordinances, amending Section 14.02.103 - Use Table and amending Article 14.02 - Zoning Ordinance by
creating a new section to be called Section 14.02.356 - Solar Panel Systems in order to provide
comprehensive standards for the construction, placement and maintenance of solar panels in the Town.
Case ADM-16-14(Staff).
Town Planner Ruthven presented the item and stated that on August 9, 2016 the Council directed Staff to move
forward with amendments to the Town's Code of Ordinances regarding the placement of solar panels. He advised
that the P&Z Commission approved the item at their August 18, 2016 meeting subject to the following conditions:
1. Section a(1):add "and/or photovoltaic generating apparatus"after"solar panel system"beginning the
paragraph;
2. Section a(1):add "or small solar panels not to exceed 18"x 18"at the end of the paragraph;
3. Section b(3): New sub-section to be worded: "The solar panel color shall match the roof color";
4. Section c(3):add"or from any adjacent property"to the end of the paragraph;
5. Section d(1)c(vi): New sub-section to be worded: "Screening,if required"
Town Planner Ruthven pointed out that Section b(3)would be difficult to accomplish and Section c(3)contradicted
the Councils' prior recommendation to remove golf course restrictions
Discussion took place that typically the solar panel replacement company provided the required documentation,
such as an engineering analysis of the system. Additional conversation ensued about screening of ground
mounted solar panels and that fences that abutted to the golf course could not exceed six(6)feet in height. Staff
placed a provision to allow solar panels,with an approved SUP,that did not meet the requirements.
Town Council Minutes October 11, 2016 Page 4 of 8
Main Motion:
Main Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Ordinance No.
2016-46 P&Z, amending Section 14.02.103 - Use Table and amending Article 14.02-Zoning Ordinance by creating
a new section to be called Section 14.02.356 - Solar Panel Systems of the Town of Trophy Club's Code of
Ordinances in order to provide comprehensive standards for the construction, placement and maintenance of
solar panels in the Town.Case ADM-16-14,with the following modifications:
• Remove Section 14.02.356, Solar Panel Systems, Subsection (b), Roof mounted systems, Number 3: The
solar panel color shall match the roof color.
• Amend Section 14.02.356, Solar Panel Systems, Subsection (c), Ground mounted systems, Number 3, to
state the following: Ground mounted systems shall be screened such that the system is not visible from a
public or private street.
Council Member Rowe removed the hardship of having to match the roof mounted solar panel color to the roof
color and then removed the requirement that ground mounted solar panels had to be screened so that they were
not visible from any adjacent property. Additionally, he removed the requirement that a ground mounted system
had to be located behind the principal structure on the property.
Council Member Shoffner inquired about the purpose for ground mounted solar panels having to be screened
since roof mounted solar panels would be visible. Town Planer Ruthven advised that the main reason was
aesthetics for the detached structure but pointed out that they could be screened with vegetation.
Motion to Amend:
Motion to Amend made by Council Member Shoffner, seconded by Council Member Rowe, to remove the
screening requirement around ground mounted solar systems.
Council Member Rowe spoke in favor of the amendment and believed that the proposed ordinance offered a
mechanism to ensure the proper installation of solar panels.
The vote for the Motion to Amend was taken, to remove the screening requirement around ground mounted
solar systems.
Motion to Amend failed for lack of majority 2-5-0 with Council Members Rowe and Shoffner voting for, and
Mayor Sanders,Mayor Pro Tern Lamont,and Council Members Parrow,Reed,and Kurtz voting against.
The vote for the Main Motion was taken, to approve Ordinance No. 2016-46 P&Z, amending Section
14.02.103 - Use Table and amending Article 14.02 - Zoning Ordinance by creating a new section to be called
Section 14.02.356 - Solar Panel Systems of the Town of Trophy Club's Code of Ordinances in order to provide
comprehensive standards for the construction, placement and maintenance of solar panels in the Town. Case
ADM-16-14,with the following modifications:
• Remove Section 14.02.356, Solar Panel Systems, Subsection (b), Roof mounted systems, Number 3: The
solar panel color shall match the roof color.
• Amend Section 14.02.356, Solar Panel Systems, Subsection (c), Ground mounted systems, Number 3, to
state the following: Ground mounted systems shall be screened such that the system is not visible from a
public or private street.
Main Motion passed unanimously.
Since it was Town Planner Ruthven's last Council meeting, Mayor Sanders recognized and thanked him for his
service that he provided to the Town.
Town Planner Ruthven thanked the Council for their support and stated that he had enjoyed his time served with
the Town.
Town Council Minutes October 11, 2016 Page 5 of 8
13. Consider and take appropriate action regarding proposed Town Council meeting dates for November and
December 2016(Staff).
Motion:
Motion made by Council Member Parrow, seconded by Council Member Kurtz, to cancel the November 22, 2016
and December 27,2016 Council meetings.
Motion passed unanimously.
14. Referred Agenda Item: Consider and take appropriate action regarding the award or rejection of the
proposal for Entryway Monumentation, Wayfinding, and Parks Signage for the Town of Trophy Club; and
authorizing the Town Manager or his designee to execute all necessary documents(Town Council).
Council Member Shoffner advised that the Council Committee,which consisted of himself, Council Member Rowe,
and Council Member Reed,was able to meet on October 11,2016 to discuss the item.
Main Motion:
Main Motion made by Council Member Shoffner, seconded by Council Member Rowe, to refer the Parks signage
portion to the Parks and Recreation Board for their recommendation.
Council Member Shoffner advised that several sections were removed from the scope of the project in order to
focus on entryway monumentation and medians. The Council Committee believed that the Parks and Recreation
Board would be the best avenue to offer recommendations for the Parks signage and that Staff would be the best
avenue to work on wayfinding signage.
Mayor Sanders suggested adding a timeframe for the Parks and Recreation Board to return their
recommendations to the Council,as well as placing an extension for the entire item to be presented to Council.
Motion to Amend:
Motion to Amend made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, that the Parks and
Recreation Board return their recommendation to Council by the December 13,2016 Council meeting.
Motion to Amend passed unanimously.
The vote for the Main Motion as Amended was taken, to refer the Parks signage portion to the Parks and
Recreation Board for their recommendation and that the Parks and Recreation Board return their
recommendation to Council by the December 13,2016 Council meeting.
Main Motion as Amended passed unanimously.
Motion to Refer:
Motion to Refer made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont,the entire agenda item
to the January 24,2017 Council meeting.
Motion passed unanimously.
15. Consider and take appropriate action regarding a Resolution of the Town Council adopting an investment
policy;and providing an effective date(Staff).
Assistant Town Manager/CFO Glickman advised that the adoption of the investment policy was an annual
requirement and that no changes were proposed to the policy.
Motion:
Motion made by Council Member Rowe,seconded by Mayor Pro Tern Lamont,to approve Resolution No.2016-31,
adopting an investment policy;and providing an effective date of October 11, 2016.
Motion passed unanimously.
Town Council Minutes October 11,2016 Page 6 of 8
16. Discussion of and provide direction to Town Staff regarding organizing and conducting an annual Memorial
Day and Veteran's Day ceremony;discussion of same(N.Sanders and J. Parrow).
Council Member Parrow advised that the Town purchased bunting and that local businesses provided signage for
last year's Memorial Day ceremony; therefore the only cost associated for next year's ceremony would be for
manpower. Additionally, he stated that the approximate cost for the Veteran's Day ceremony would be $200 to
purchase six(6)flags and aluminum poles to carry each flag and then the additional expense of manpower.
Council Member Shoffner was in favor of proceeding with organizing the ceremonies by partnering with Metroport
Veterans, Medlin Cemetery Association, or another organization to help offset the cost and to be more volunteer
driven events,similar to how the Fall Festival partners with Fellowship United Methodist Church.
Assistant Town Manager/CFO Glickman stated that the Town paid approximately $580 for the Memorial Day
ceremony,with the majority of the amount going towards employee overtime pay.
Mayor Sanders recommended reaching out to the Trophy Club Women's Club to assist with the Veteran's Day
ceremony.
Council Member Kurtz agreed that the events should be through a partnership and recommended contacting the
Stars and Stripes Committee.
Mayor Sanders provided direction to authorize Council Member Parrow to work with the Parks and Recreation
Department, Police Department, and other Town volunteer organizations to plan and conduct an annual
Memorial Day ceremony and Veteran's Day ceremony.
17. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular
Session Council Agenda for October 25,2016 and items from the Town Council Future Agenda Items list,to
include discussion of the below item(Staff).
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.3- Detail review of the nuisance ordinance.(Rowe 4/12/2016)(1-July 12,2016)(2-October 11,
2016)
Mayor Sanders received consensus to leave Item No.3 on the Town Council Future Agenda Items list.
B) Item No. 4 - Discussion of PD 21 (Plaza Shopping Center) related to signage specific to window signs.
(Sanders 7/12/2016) (1-October 11,2016)
Town Planner Ruthven advised that the property owner submitted an application to amend the signage provisions.
Mayor Sanders requested to remove Item No.4 from the Town Council Future Agenda Items list.
C) Item No. 5 - Consider repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner 7/12/2016)
(1-October 11,2016)
Council Member Shoffner advised that he would work with the Town Attorney about appropriate changes to the
Code of Ordinances.
Town Council Minutes October 11, 2016 Page 7 of 8
Mayor Sanders requested to add the following agenda item to the October 25,2015 Council agenda: Consider and
take appropriate action regarding the new Trophy Club Town Hall and Police Department facility specific to the
review of items that were removed from the original plan and the financial status of available funds (N. Sanders
and J. Parrow).
Mayor Sanders requested to remove Item No. 6 from the Town Council Future Agenda Items list: Consider
establishing who will be responsible for organizing and conducting an annual Memorial Day ceremony at Medlin
Cemetery and an annual Veterans Day ceremony at the Veterans Memorial. (Parrow 9/27/2016) (1-December 27,
2016)
EXECUTIVE SESSION
18. 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 551.074 Personnel Matters under Subsection1
( ) to discuss or deliberate the appointment,
employment,evaluation,reassignment,duties,discipline or dismissal of a public officer or employee:
1. Town Manager position search
2. Town Boards and Commissions
B) Section 551.071 Consultation with Attorney under Subsection (2) 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 conflict with the Open Meetings Act;Section 551.087 Deliberations regarding
Economic Development Negotiations under Subsection(2)to discuss or deliberate the offer of financial
or other incentives to a business prospect;and Section 551.072 Deliberation regarding Real Property to
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:
Legal advice regarding the Purchase or Transfer of Property and Economic Development Incentives
CONVENED INTO EXECUTIVE SESSION-START TIME—8:35 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:29 P.M.
RECONVENED INTO REGULAR SESSION
19. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Parrow,seconded by Council Member Kurtz,to adjourn the meeting at 9:30 p.m.
Motion passed unanimously.
Holly Fimbre Ti n Secretary C. Nick Sanders, Mayor
Town of Trophy Club,Texas . Town of Trophy Club,Texas
C
Cat
Town Council Minutes October 11,2016 Page 8 of 8