Minutes TC 01/24/2017 MINUTES FROM TOWN COUNCIL REGULAR SESSION
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday,January 24,2017 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,January 24, 2017. 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
David Dodd Town Attorney
Shannon Montgomery Acting Town Secretary
Adam Adams Parks and Recreation Director
Lisa Reich Town Planner
Rick Lasky Interim Fire Chief
Mayor Sanders announced the date of Tuesday, January 24, 2017, called the Town Council to order, and
announced a quorum at 7:00 p.m.
The Invocation was offered by Parks and Recreation Director Adams.
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tern 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.
There were no citizen presentations made.
ANNOUNCEMENTS AND REPORTS
1. Receive Acting Town Manager Arata's update regarding the following; discussion and provide input
regarding same(Staff).
• Parking Lot Update
• New Town Manager Transition
• May 6,2017 General Election
• PD30 Plat and Site Plan
• Fire Department Work Schedule
• Fire Station Maintenance
Assistant Town Manager Glickman and Interim Fire Chief Lasky updated the Council and addressed questions; no
action was taken.
2. Receive Town Council Liaison Updates; discussion of same(Staff):
• January 16 Park Board Meeting;Council Member Shoffner
• January 23 EDC4B Meeting;Council Member Rowe
Council Members Shoffner and Rowe updated the Council and addressed questions; no action was taken.
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 financial and variance report dated November 2016(Staff).
4. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and
calling a General Election to be held on May 6,2017 for the purpose of electing one (1) mayor and one (1)
Councilmember to Place No. 1 and one(1) Councilmember to Place No. 2 on the Trophy Club Town Council,
each for a term of three(3)years respectively and providing an effective date(Staff).
5. 2017-10-TConsider and take appropriate action regarding a Service Contract by and between the Town and
the Crime Control and Prevention District providing for an increase in the payment contribution from the
Crime Control and Prevention District for the debt associated with the series 2016 Certificates of
Obligation;and authorizing the Mayor or his designee to execute all necessary documents(Staff).
Council Member Shoffner requested Item No. 3 be removed from the Consent Agenda.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve Consent Agenda Items
4 and 5.
Motion passed unanimously.
REGULAR SESSION
3. Consider and take appropriate action regarding financial and variance report dated November 2016(Staff).
Council Member Shoffner asked several questions regarding the November financial and variance report dated
November 2016. He suggested reducing the$24,000 line item for the DFW Magazine by$24,000 and reduce the
communications consultant in the manager's budget by$40,000.
Mayor Sanders stated that he could add an item to the next meeting or the Future Agenda Items list.
Motion:
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve the Financial and
Variance report as submitted.
Motion passed unanimously.
Town Council Minutes January 24, 2017 Page 2 of 8
Mayor Sanders moved Agenda Item No.14 forward:
14. Consider and take appropriate action regarding a proposal for a Trophy Club Poet Laureate (R Eddins,
Resident).
Ron Eddins, 221 Inverness Drive, Trophy Club addressed the Town Council, defined poet laureate, and proposed
that Council consider having a Trophy Club Poet Laurette and appointing Hollis Davis as Trophy Club's first Poet
Laurette,with or without a stipend as this would be a wonderful designation for both Mr. Davis and for the Town.
Mayor Sanders recommended adding this topic to the upcoming Council Retreat Agenda; there was no objection
from the Town Council.
No action was taken on this item.
Mayor Sanders moved back to Agenda Item No. 6:
6. Case RP-16-002(SH114 ROW,Tract A-R)
a. Conduct a Public Hearing regarding a request for a replat for the purpose of declaring right-of-way on
approximately 1.616 acres of land,generally located north of SH114 and 1,470 feet east of Trophy Club
Drive(Staff).
b. Consider and take appropriate action regarding a request for a replat for the purposed of declaring
right-of-way on approximately 1.616 acres of land,generally located north of SH114 and 1,470 feet
east of Trophy Club Drive(Staff).
Mayor Sanders convened into Public Hearing at 7:37 p.m.
There were no individuals wishing to speak.
Mayor Sanders reconvened into Regular Session at 7:38 p.m.
Town Planner Reich clarified that this land belonged to the Town and would continue being property of the Town;
this item is to grant access to TxDOT to build the Sound Wall. Reich also stated that Staff requests approval, as
this project complies with the Subdivision Ordinance. The Planning & Zoning Commission had a few concerns,
one being the ownership of the land and two being the location of possible easements. After discussion, the
Commission recommended approval 5 to 1.
Council Member Parrow asked who would be responsible and liable for the Wall, since it will be located on Town
property. Reich stated that TxDOT would maintain the Wall and their responsibility of that was to maintain the
land around it, on either side, in and between the wall and the fences. If something were to occur around the
Wall,it would probably be a collaborative effort between the Town and TxDOT to resolve.
Planning& Zoning Commission Chairman Sheridan presented the Council with his concern regarding the fact that
the replat does not include the easements; however, the plat is legal. The other concerns that the Planning &
Zoning Commission had have been worked out over the past few weeks. Mr. Sheridan asked the Council to
approve both replats.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe,to approve Case RP-16-002 (SH114
ROW, Tract A-R) to replat for the purpose of giving the Texas Department of Transportation, TxDOT, the legal
ability to build a Sound Wall required by Texas Commission on Environmental Quality,TCEQ,declaring right-of-way
on approximately 1.616 acres of land, generally located north of SH114 and 1,470 feet east of Trophy Club Drive
with an effective date of January 24,2017.
Motion passed unanimously.
Town Council Minutes January 24,2017 Page 3 of 8
7. Case RP-16-003(SH114 ROW,Tract C-R)
a. Conduct a Public Hearing regarding a request for a replat for the purpose of declaring right-of-way on
approximately 4.841 acres of land,generally located north of SH114 and 1,030 feet west of Trophy
Club Drive(Staff).
b. Consider and take appropriate action regarding a request for a replat for the purpose of declaring
right-of-way on approximately 4.841 acres of land,generally located north of SH114 and 1,030 feet
west of Trophy Club Drive(Staff).
Mayor Sanders convened into Public Hearing at 7:49 p.m.
There were no individuals wishing to speak.
Mayor Sanders reconvened into Regular Session at 7:50 p.m.
Town Planner Reich stated that this item is very similar to the previous item with the exception that there is an
area that is linear along SH114 and then precedes north that has been used as private parkland on the original final
plat. Commissioner Oldham wanted to ensure that this became a separate tract,to ensure CR-2 was just for right
of way and CR-1 was for just for park use; to eliminate this concern, the two tracts were created. Staff
recommends approval.
Motion:
Motion made by Mayor Pro Tem Lamont,seconded by Council Member Rowe,to approve Case RP-16-003 (SH114
ROW, Tract C-R) to replat for the purpose giving the Texas Department of Transportation, TxDOT, the legal ability
to build a Sound Wall required by Texas Commission on Environmental Quality, TCEQ, declaring right-of-way on
approximately 4.841 acres of land, generally located north of SH114 and 1,030 feet west of Trophy Club Drive with
an effective date of January 24, 2017.
Motion passed unanimously.
8. Case PD-AMD-16-053(PD-21 Window Signage)
a. Conduct a Public Hearing regarding a request to amend Exhibit C,Section B(7) Signs, of Ordinance No.
2013-39 P&Z, PD Planned Development District No. 21, generally located on the northeast corner of
SH114 and Trophy Lake Drive(Staff).
b. Consider and take appropriate action regarding a request to amend Exhibit C, Section B(7) Signs, of
Ordinance No. 2013-39 P&Z, PD Planned Development District No. 21, generally located on the
northeast corner of SH114 and Trophy Lake Drive(Staff).
Mayor Sanders convened into Public Hearing at 7:52 p.m.
There were no individuals wishing to speak
Mayor Sanders reconvened into Regular Session at 7:53 p.m.
Marc Grossfeld, Property Management Company with Sunwest Real Estate Group, stated it was brought to their
attention last year that all of their retailers were not in compliance with the PD. Sunwest requested an
amendment to the PD in order to allow their tenants to have window signage and to defer back to the Code of
Ordinances for commercial signage compliance. The Planning & Zoning Commission discussed two types of
signage — illuminated signage and non-illuminated signage. He felt that the Commission was supportive of
recommending the non-illuminated window signage to comply with the Code of Ordinances, which is no greater
than 25% of the window signage and that the Commission was against any type of illuminated. Sunwest
requested one illuminated sign per retailer to have the opportunity to allow their retailers to have an "Open" sign
so that patrons know whether the businesses are open.
Town Council Minutes January 24, 2017 Page 4 of 8
Town Planner Reich stated that it came down to the current PD-21 language, LED signage is only allowed for the
Torn Thumb Fuel Sign. The applicant would like to have this amended so that the tenants can have one window
sign, such as a LED window sign. The current PD language does not allow any window signage whatsoever, the
applicant is asking for an amendment to meet the current Sign Code in the Code of Ordinances, which currently
states that you can have up to 25% of windows be covered with signage. The main discussion at P&Z was
window signage—do we want it at all and how do we feel about LED signs. Town Planner Reich suggested, as a
compromise,to allow static LED signs. She then explained the proposed changes Planning&Zoning made.
Council Member Shoffner wanted Council to come to a consensus that if the language is the same as the Code of
Ordinances,the PD refers to the Code of Ordinances;this way if the Code of Ordinances change,the PD will change
along with it.
Planning & Zoning Commission Chairman Sheridan recapped the Planning & Zoning meeting discussion and
proceeded to explain the current Sign Ordinance language as stated in the Code of Ordinances. He requested
Council to consider a sign limit placed on LED signs, if Council chooses to approve LED signs and recommended if
the Council is leaning towards allowing illuminated signs that, the motion include the deletion of the word
non-illuminated in paragraph(i)of P&Z's recommendation.
Main Motion:
Main Motion made by Council Member Rowe, seconded by Mayor Pro Tern Lamont, to approve Case
PD-AMD-16-053 amending Exhibit C, Section B(7)(b)Signs, of Ordinance No. 2013-39 P&Z, to read as follows: "LED
Signage—Allowed for Tom Thumb fuel signage as shown on the Site Plan presented to Town Council on February
25, 2013. LED signage allowed on the north, west, and east canopies. Size is limited to the north canopy LED size
signage shown on the Site Plan as presented to Council on February 25, 2013. Illuminated window signage, not to
exceed one per business, shall also be permitted, and calculated as window signage, per the Code of Ordinances,
for all other businesses, including the use of"OPEN" signs. Chasing, blinking, strobing, moving, and changing lights
are prohibited on all illuminated signs. Illuminated signage shall not exceed 5 square feet of window coverage. LED
string lights are strictly prohibited. Exposed neon is strictly prohibited."
Motion to Amend:
Motion to Amend made by Mayor Sanders,seconded by Council Member Kurtz,that any current tenant who has a
sign that is nonconforming because of whether it is LED or not,whether or not its movable lighting,or greater than
the square footage specification be allowed continued until the sign is changed or a new tenant is available.
Mr. Grossfeld stated that he was not supportive of the motion to allow tenants who are not conforming to remain
nonconforming;it created an issue for enforcement and created an issue for them when leasing space.
Motion to Amend Failed 1-6-0 with Mayor Sanders voting for Mayor Pro Tern Lamont 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 Parrow, to remove Section
7(e)in its entirety.
Mr.Grossfeld concurred with the amendment.
Motion to Amend by removing Section 7(e)in its entirety passed unanimously.
Motion to Amend:
Motion to Amend made by Council Member Parrow, seconded by Council Member Reed, to reduce the overall
window signage total area to no more than 15%
Mr.Grossfeld stated they were comfortable with the existing 25%coverage limit.
Town Council Minutes January 24, 2017 Page 5 of 8
Motion to Amend the overall window signage area failed 2-5-0 with Council Members Parrow and Reed voting for
and Mayor Sanders, Mayor Pro Tern Lamont, and Council Members Rowe, Kurtz,and Shoffner voting against.
Main motion as amended by Council Member Shoffner carried unanimously.
Council asked Staff to bring the final Ordinance back on consent at the next meeting.
9. Case PD-AMD-16-054(PD-23 Baylor Addition)
a. Conduct a Public Hearing regarding a request to amend the Site Plan, Elevations, and Development
Standards Section A(1)(e) Off Street Parking, of Ordinance No. 2004 11 P&Z, PD Planned Development
District No. 23,to accommodate an addition to the building,generally located north of SH114 and 1,100
feet west of Trophy Wood Drive(Staff).
b. Consider and take appropriate action regarding a request to amend the Site Plan, Elevations, and
development Standards, Section A (1)(e) Off Street Parking, of Ordinance No. 2004 11 P&Z, PD Planned
Development District No. 23, to accommodate an addition to the building, generally located north of
SH114 and 1,100 feet west of Trophy Wood Drive(Staff).
Mayor Sanders convened into Public Hearing at 8:33 p.m.
There were no individuals wishing to speak.
Mayor Sanders reconvened into Regular Session at 8:34 p.m.
Town Planner Reich stated that Baylor wanted to add an addition on to their building, which was allowed by right;
and that they are coming forward due to parking. The addition will extend to the north, which is the backside of
the building, and it will remove approximately 17 parking spaces and 4 ornamental trees. The existing parking
calculation was based on the size of the current building's features and measurements. The Texas Department of
Health Services' standard was one space per for each day shift employee plus one space for each patient bed.
Baylor will continue to comply with parking if the PD language was amended to match the Department's standard.
Additional language had been added to the PD to ensure that the landscaping was replaced within 45 days.
There was no discussion at Planning&Zoning regarding this item;Staff was requesting approval from Council.
Mayor Sanders confirmed that Baylor had agreed to plant the replacement trees in the back of the building
between the existing homes and the building.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Case PD-AMD-16-054
amending the Site Plan, Elevations, and development Standards, Section A (1)(e) Off Street Parking, of Ordinance
No. 2004 11 P&Z, PD Planned Development District No. 23, to accommodate an addition to the building, generally
located north of SH114 and 1,100 feet west of Trophy Wood Drive, as presented.
Motion passed unanimously.
10. Consider and take appropriate action regarding the 2016/2017 CIP Street Reconstruction of Indian Creek
Drive and Phoenix Drive;approving the Authorization for Professional Services between the Town and
Teague, Nall and Perkins; and authorizing the Town Manager or his designee to execute all necessary
documents for professional services(Staff).
Motion:
Motion made by Mayor Sanders, seconded by Council Member Shoffner, to approve the 2016/2017 CIP Street
Reconstruction of Indian Creek Drive and Phoenix Drive; approving the Authorization for Professional Services
between the Town and Teague, Nall and Perkins; and authorizing the Town Manager or his designee to execute all
necessary documents for professional services as presented.
Motion passed unanimously.
Town Council Minutes January 24, 2017 Page 6 of 8
11. Consider and take appropriate action regarding Landscaping Options for the new Town Hall Facility(Staff).
Assistant Town Manager Glickman recapped the alternates given to Council: Alternate 4 consists of removing
2,200 square feet of Bermuda hydro mulch and replacing with landscaping as sent out earlier today and Alternate
6 consists of replacing 3,600 square feet of Bermuda hydro mulch and replacing that with the landscaping as
shown on the construction documents. Staff was able to reduce the cost to$34,091 by removing all of the winter
creeper. The original bid was $52,000, which included Alternate 5, so it is about an $18,000 reduction, which
about half comes from the elimination of the winter creeper and removing Alternate 5,which was about$9,000.
As discussion ensued, it seemed that most of the Council was inclined to simplify the landscaping in an effort to
reduce both purchase and maintenance costs.
Council Member Kurtz stated that he would like to wait until the building is closer to completion and see what the
numbers are before voting on landscaping.
Main Motion:
Main Motion made by Council Member Rowe, seconded by Council Member Reed, to direct Staff to revisit the
design of these areas with the objectives being a simplified design that utilizes fewer plantings and types of species
and the method of which you achieve this is up to Staff.
Motion to Amend:
Motion to amend by Council Member Shoffner, seconded by Council Member Rowe, to allow the construction to
continue and not to plant Bermuda grass in those sections that may be revised until a plan is agreed upon.
Motion to Amend passed unanimously.
Mayor Sanders clarified that the Main Motion is to reexamine Alternates 8, 4, 5, and 6 and bring back to Council.
Both Council Members Rowe and Reed agreed.
Main Motion as Amended carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz,
and Shoffner voting for and Mayor Pro Tem Lamont voting against.
Council Member Shoffner encouraged new Town Manager Class to take a hard look at the landscaping in the back
of the building,as it could be a huge savings.
Council Member Reed reminded the Council that they made changes to the dynamics of the land; they need to
consider the erosion factor and design accordingly.
12. Consider and take appropriate action regarding the February 2017 Town Council meetings(Staff).
Council consensus was to cancel the Tuesday, February 14, 2017 meeting and change the Regular Session Council
Meeting to Monday, February 20, 2017.
13. Consider and take appropriate action regarding the start of the Town Council Retreat and convene to a date
certain in February 2017(Staff).
Motion:
Motion made by Mayor Sanders, seconded by Council Member Rowe, to start the Town Council Retreat this
evening and reconvene the Retreat to Saturday, February 25, 2017 at Homewood Suites from 9 a.m.to 5 p.m.
Motion passed unanimously.
15. Items for Future Agendas to include discussion of Agenda Items for consideration on upcoming Regular
Session Council Agendas for February 2017 meetings and discussion of the Town Council Future Agenda
Items list(Staff).
Town Council Minutes January 24, 2017 Page 7 of 8
Council Member Shoffner requested that the February 20, 2017 Meeting Agenda include a provide direction
agenda item in relation to Item Number 4,Tree Houses,of the Future Agenda Items List.
Town Attorney Dodd asked if there was anything specific that needed to be addressed within the Nuisance
Ordinance. Council Member Rowe stated his intent is that the Ordinance is better able to deal with items such as
noise,odor,and visual items.
Mayor Sanders asked that an item be placed on the February 20, 2017 Meeting, under Consent, to review the
PD-21 Ordinance language from tonight's meeting.
Council Member Shoffner requested a future Budget Amendment discussion item on the February 20, 2017
meeting agenda.
EXECUTIVE SESSION
16. 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:
Possible Conflict of Interest for Town Attorney on a Personnel Matter
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:
Economic Development Incentives
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:
Possible Purchase or Sale of Real Estate
CONVENED INTO EXECUTIVE SESSION-START TIME—9:20 P.M.
RECONVENED INTO JOINT SESSION-START TIME 10:27 P.M.
RECONVENE INTO REGULAR SESSION
17. 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 10:28
p.m.
Motion passed unanimously. _
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Town Council Minutes .�. A,Y ., .Igo4, 2017 Page 8 of 8
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