Minutes TC 11/08/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday,November 8,2016 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club,Texas, met in a Regular Session on Tuesday, November 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
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
Lisa Reich Town Planner
Mayor Sanders announced the date of Tuesday, November 8, 2016, called the Town Council to order and
announced a quorum at 6:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz.
Mayor Sanders welcomed newly hired Town Planner Reich.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s)of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
ANNOUNCEMENTS AND REPORTS
1. Acting Town Manager Arata's update regarding the following; discussion and provide input regarding same
(Staff).
*Newly Hired Employee
*Bread Winners Café
*Veterans Day Ceremony
*Christmas Event
*Town Hall Construction
Acting Town Manager Arata 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 Town Council Regular Session Minutes dated October
11,2016(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet).
3. Consider and take appropriate action regarding financial and variance report dated September 2016 (Staff).
4. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2016-18, authorizing
participation in various cooperative purchasing programs, and adopting a new resolution authorizing
participation in various cooperative purchasing programs in accordance with the Town's Procurement
Policies and Procedures; authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee; approving related contracts and the payment of
related fees in accordance with the budget;and providing an effective date(Staff).
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tern Lamont, to approve the Consent Agenda
Items 2 through 4.
Motion passed unanimously.
PUBLIC HEARING
5. Conduct a public hearing regarding a request for a Specific Use Permit for on -premise alcohol sales in
conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B, Trophy
Wood Business Center located at 725 Plaza Drive(Staff).
Mayor Sanders opened the public hearing at 6:06 p.m.
There was no one present that wished to speak regarding the item.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 6:07 p.m.
REGULAR SESSION
6. Consider and take appropriate action regarding a Proclamation of the Town Council declaring November 17,
2016 as World Pancreatic Cancer Day in Trophy Club; and providing an effective date (N. Sanders and R.
Rowe).
Council Member Parrow read the proclamation into the record.
Town Council Minutes November 8, 2016 Page 2 of 6
Angeli Bateman,Town resident and volunteer with the Pancreatic Cancer Action Network, 14 Skyline Drive,Trophy
Club,thanked the Council and advised that she lost her father two years ago and has since became a volunteer and
representative to bring awareness of the disease.
Motion:
Motion made by Council Member Parrow,seconded by Council Member Rowe,to approve Proclamation No. 2016-
12, declaring November 17, 2016 as World Pancreatic Cancer Day in Trophy Club; and providing an effective date
of November 8, 2016.
Motion passed unanimously.
Mayor Sanders moved Agenda Item No. 8 forward:
8. Consider and take appropriate action regarding a Discretionary Service Agreement with Oncor Electric
Delivery Company LLC for the relocation of overhead facilities to underground and the payment of related
fees; providing an effective date; and authorizing the Town Manager or his designee to execute all
necessary documents(Staff).
Assistant Town Manager/CFO Glickman stated that this item refers to the relocation of the utility facilities due to
the encroaching parking lot. The choice was to either place the utilities underground,which would allow the Town
to construct four additional parking spaces or just move the lines at a cost. The Town elected to move the utilities
underground with a cost just under$60,000 for both utility relocations.
Mayor Pro Tem Lamont inquired as to who approved the relocating of the utilities underground. Glickman stated
it was the Town Manager that recommended the utilities to be placed below ground; Engineering stated to just
relocate the lines would cost approximately$30,000 and the Town would lose four parking spaces.
Motion:
Motion made by Council Member Reed, seconded by Council Member Parrow, to approve a Discretionary Service
Agreement with Oncor Electric Delivery Company LLC for the relocation of overhead facilities to underground and
the payment of related fees; providing an effective date; and authorizing the Town Manager or his designee to
execute all necessary documents.
The vote was taken;motion passed unanimously.
Mayor Sanders moved back to Agenda Item No. 7:
7. Consider and take appropriate action regarding an Ordinance for a Specific Use Permit for on-premise
alcohol sales in conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3,
Block B,Trophy Wood Business Center located at 725 Plaza Drive(Staff).
Town Planner Reich specified that this item has come before Council earlier this year and gave a brief overview of
the item. Reich stated that Mr. Patel is requesting approval of an SUP for on-premise alcohol consumption within
the restaurant of Holiday Inn. In June, the Planning & Zoning Commission unanimously approved this item. In
August, the Town Council unanimously denied the item without prejudice due to a lack of representation being
present at the meeting. The Planning&Zoning Commission, at their October meeting, unanimously approved the
item,with the stipulation that the restaurant representative be present at the November Council meeting.
LuAnne Oldham,who acted as Vice Chair of the October 27th Planning&Zoning Commission meeting,gave a brief
recap of the October 27, 2016 meeting. Oldham stated that the SUP application was presented for consideration;
the main questions included when/where, what times would alcohol be served, and if it would go with room
service. The other item that the Commission was concerned with was whether the SUP be issued to Holiday Inn,
the landowner(s),or the applicant on the SUP application.The Commission asked Staff to research their concern to
ensure,that under the new rules,the SUP, if approved,would be given to the correct entity. Staff was directed to
have this answer by the Council meeting.
Town Council Minutes November 8, 2016 Page 3 of 6
Development Services Manager Cooke stated that Community Development recommends that the SUP be
approved to Holiday Inn,which is the same owner as the property.
Town Attorney Dodd stated that the SUP is Zoning, which will run with the land. Dodd recommended making the
application they filed an exhibit and conditions that they meet everything in the application on the SUP. Dodd
believed that the application does reference Holiday Inn. The property owner would have to be on the SUP
application,just like a Zoning application, either on the application or with permission. Cooke stated that both the
landowner and Holiday Inn are listed on the application.
Mr. Paul Dzubnar, Hightop Hospitality, introduced himself and Mr. John Hinz with Hightop Hospitality. Dzubnar
stated that they are putting in the Crooked Pint Ale House and provided a handout to the Council,which included:
Company Mission, Company Strengths, Corporate Structure, National Partnerships, Green Mill Restaurant & Bar,
Crooked Pint Ale House, Exhibits of current restaurants; Sterling Catering & Events, Catering, and Training
Program. Dzubnar then gave an overview of his company Hightop Hospitality.
Council Member Reed asked if the Crooked Pint Ale House's business is driven primarily by hotel guests or do they
have a following? Mr. Dzubnar replied that they do have a local following and that the Crooked Pint Ale House
operates more like a restaurant and is a community attraction.
Council Member Reed commented he is pro alcohol - if the process is being performed responsibly, and provided
history of this item, which makes him believe that the process will not be performed responsibly. Reed asked
about management, the process of training franchises, and the oversight of training to help convince Council that
this entity will be run in a manner where alcohol should be sold. Reed asked them to help Council understand why
they should allow Mr. Patel to have a liquor license and how is Hilltop Hospitality going to oversee the process and
protect their brand, image,and our community.
Mr. Dzubnar explained that both the general manager and kitchen manager receive four weeks of extensive
training program at the corporate store in Minnesota. Dzubnar continued by stating that this particular location
will have a Regional Manager from their corporate store moving here to manage this location. Dzubnar continued
by giving a list of long-term employees and their experience that will also be moving to this location.
Mayor Sanders inquired if this was the first time that they heard Council's concerns for parking and stated that he
understands that they need time to digest the parking concerns, as Council does want the restaurant to be
successful. Sanders is also concerned if their plan is to rely on outside traffic to come,then parking becomes more
of an issue as that site develops. Sanders stated that Council was not aware of Mr. Patel's desire to change the
concept of the restaurant. Sanders also confirmed that Hightop Hospitality is one of the approved restaurateurs
approved to be located that this site by the parent corporation, ISG.
Mayor Pro Tem Lamont is concerned about the series of delays; and asked if Hightop Hospitality would stay if
Holiday Inn pulled out of the development and an off-brand name moved in or if they were tied to Holiday Inn.
Mr. Dzubnar stated that they are quite invested in this site and that they would stay.
Council Member Kurtz emphasized the need of strong operators for the site.
Council Member Parrow inquired as to how long they planned to stay at the facility and what kind of agreement do
they have with Mr. Patel in regards to them starting out running the operation and asked how long they planned
to stay at the facility. Mr. Dzubnar stated they are a franchisor company, and if one of their franchisees defaulted,
they would owe him for a number of years, based on their annual number of sales. Dzubnar continued and shared
that they are usually at the location for two months after preopening. Mr. Hinz interjected that they assign a
Regional manager to visit every four to six weeks,for three to four days,for an extended amount of time.
Mayor Pro Tem Lamont inquired if they would be providing alcohol service to the rooms, meeting rooms, or can
someone take a drink into the lobby.
Town Council Minutes November 8, 2016 Page 4 of 6
Mr. Dzubnar stated that he has never seen where someone can take a drink into the lobby, but they will be
providing alcohol services to the rooms and meeting rooms.
Council member Shoffner stated the original footprint that was approved was for a steak house and asked if they
were using the same exact footprint. Mr. Dzubnar replied that another approved vendor by ISG is Johnny's
Steakhouse and Hightop will be using the same footprint.
Discussion ensured as to who to tie the application to and how to draft the motion, based on the
recommendations from Staff. The consensus was to include Holiday Inn, Hightop Hospitality, and Mr. Patel,
landowner, to the application. Town Attorney Dodd suggested that Council consider hours of operation, etc., as
conditions of the SUP.
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Special Use Permit
Ordinance No. 2016-48 P&Z, with all exhibits attached to the application as a condition of approval and the
approval of the application itself.
Council Member Rowe stated that he voted to approve the application at the last meeting mainly because
businesses must stand on their own two feet,to succeed or fail. Rowe stated that Hightop Hospitality would need
to watch their project;the faith in the operator is next to nothing. Rowe wished Hightop good luck and success.
Council Member Reed commented that he voted no last time because of a lack of faith in the operations and he is
looking forward to having another successful restaurant in Town.
Council Member Shoffner agreed with Council Members Rowe and Reed, that Hightop has relieved a lot of angst
that Council had. Shoffner wanted to know, stating that the last time Mr. Patel was in attendance was August 9th,
when the Hotel would be opening.
Mr. Patel stated that the plan was to open November 2016, but since the SUP was not approved and the TABC
approval process can take up 60 days to approve, he would like to open by the end of the year, but will probably
be January 2017.
Council member Kurtz stated that this Council is small government, pro alcohol, pro-business and at the end of the
day,Council really wants Mr. Patel to succeed and hope you do well.
The vote was taken; motion passed unanimously.
9. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular
Session Council Agenda for December 13, 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. 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. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10,
2016) (3-August 9,2016)(4-November 8,2016)
No objection to leave the item on the Future Agenda Items list.
Town Council Minutes November 8, 2016 Page 5 of 6
EXECUTIVE SESSION
10. 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 Subsection (1) to discuss or deliberate the appointment,
employment,evaluation,reassignment,duties,discipline or dismissal of a public officer or employee:
1. Town Secretary Holly Fimbres(Town Council)
2. Town Manager position search(Town Council)
3. Board of Directors of the Denton County Transportation Authority(Staff)
B) 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 that the Town
seeks to have locate within the territory of the Town:
Potential Projects and Incentives(Town Council)
C) 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:
Potential Projects and Incentives(Town Council)
CONVENED INTO EXECUTIVE SESSION-START TIME—6:58 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—8:00 P.M.
RECONVENED INTO REGULAR SESSION
11. Consider and take appropriate action regarding a Resolution of the Town Council casting the Town's one(1)
allocated vote for a person to serve as a member of the Board of Directors of the Denton County
Transportation Authority(Staff).
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Resolution No. 2016-
34, casting the Town's one(1) allocated vote for Eric Jensen to serve as a member of the Board of Directors of the--
Denton County Transportation Authority.
Motion passed unanimously.
12. Consider and take appropriate action regarding the Executive Session.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Shoffner, to authorize the Town Manager
to execute the necessary documents to make the discussed revisions to the employment contract of Town
Secretary Holly Fimbres as discussed in Executive Session,seconded by Council member Shoffner.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow,seconded by Council Member Reed,to adjourn the meeting . '•! • m.
Motion passed unanimously. O 1." k/y.
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"iCL u'um Y1'lrm o r
nnon Montgomery,TRM ,Acting To Secretary C. Nick Sanders, Mayor / \ ,
Town of Trophy Club,Texas Town of Trophy Club,Texas
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Town Council Minutes November 8, 2016 Page 6 of 6