Minutes TC 05/23/2017 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday, May 23,2017 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, May 23, 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
Alicia Fleury Council Member-Elect, Place 1
Eric Jensen Council Member-Elect, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Tom Class Town Manager Sherri Lewis PIO/Communications Manager
David Dodd Town Attorney Jacob Lohse Recreation Superintendent
Holly Fimbres Town Secretary/RMO Todd Mauthe Police Patrol Sergeant
Patrick Arata Police Chief Mike Pastor Information Technology Manager
Keith Burris Police CID Sergeant Lisa Reich Town Planner
Wade Carroll Fire Chief Tracey Shields Police Lieutenant
Kelly Darling Recreation Coordinator John Zagurski Budget Manager
Amber Karkauskas Director of Finance
Mayor Sanders announced the date of Tuesday, May 23, 2017, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Pastor Joel Quile with Bara Church.
The Pledges to the American Flag and Texas Flag were led by Council Member Rowe.
1. Administration of Oath of Office and presentation of Certificates of Election to C. Nick Sanders, Mayor,
Alicia L. Fleury,Council Member Place No. 1,and Eric Jensen,Council Member Place No.2(Staff).
Town Secretary/RMO Fimbres administered the Statement of Appointed Officer and Oath of Office to C. Nick
Sanders, elected Mayor, and Alicia L. Fleury, elected Council Member Place No. 1. Grand Prairie Mayor Ron Jensen
administered the Statement of Appointed Officer and Oath of Office to Eric Jensen, elected Council Member Place
No. 2.
Mayor Pro Tem Lamont presented Mayor Sanders with a Certificate of Election. Mayor Sanders presented Council
Member Fleury and Council Member Jensen with a Certificate of Election.
2. Remarks to and from incoming Council Members(Staff).
Council Member Jensen stated that the reason he pursed a public service office was in honor of his father who
serves as the Mayor of the City of Grand Prairie. He commented that he began to get involved with the Town in
2014 by serving on the Economic Development Corporation (EDC) 4B Board and then the Tax Increment
Reinvestment Zone (TIRZ) No. 1 Board. He thanked the residents for electing him and stated that he was eager to
serve the Town. Additionally, he recognized his family for their support and stated that he would be celebrating
his 22nd wedding anniversary on May 27, 2017.
Council Member Fleury stated that she was honored that the residents placed their faith in her to represent them.
She thanked the residents and her family for their support, including her husband, children, mother, mother-in-
law,and grandmother.
Mayor Sanders thanked his wife, Lynda, and his family for their support. He acknowledged former Council
Member Parrow and former Council Member Reed for their compassion, dedication, and involvement over the
past three years. He remarked that the Council exercised due diligence in establishing strong leadership within the
Town's organization in order to provide integrity and quality service to the residents because Council strived to
make Trophy Club a better place to live. He thanked the residents for being involved and the newly elected
Council Members for dedicating their time and talents.
Council Member Shoffner welcomed Council Member Fleury and Council Member Jensen,whom he believed both
sought after the same goals as the former Council.
Council Member Rowe congratulated Mayor Sanders for another term and thanked him for his service. He stated
that Council Member Fleury displayed commitment within the community by her involvement with the school
system. He acknowledged Council Member Jensen for the significant impact that he has made through his
contribution serving on EDC 4B and TIRZ No. 1.
Mayor Pro Tem Lamont congratulated Mayor Sanders, Council Member Fleury, and Council Member Jensen and
stated that he appreciated their commitment.
Council Member Kurtz thanked former Council Members Parrow and Reed for bringing harmony to the Town and
stated that he looked forward to working with Council Member Fleury and Council Member Jensen.
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 Parrow,8 Brookfield Court,thanked the Council for their support of the Memorial Day Ceremony to be held on
May 29,2017, 10 a.m.,at Medlin Cemetery and for the completion of the Veterans Memorial site.
ANNOUNCEMENTS AND REPORTS
3. Receive Town Manager Class' update regarding the following,discussion and provide input regarding same
(Staff):
• Town Community Safety Ranking— National Council for Home Safety and Security ranked the Town as
the 2nd Safest City in Texas for 2016.
• Photo Directory — Completion of the Staff photo directory to be used for internal use, which will be
published online at a later date.
• Hiring Process—The following positions have been posted: Director of Parks and Recreation; Director of
Community Development; Human Resources Manager; Police Officer; Firefighter; and Landscape
Maintenance Worker.
• Community Events—Sip of Summer event will be co-hosted with Beck and Lakeview PTA's on May 26th
from 6-9 p.m.;Community Pool Opening will be May 27th; and Memorial Day Ceremony will be May 29th
and staff will assist with setup and take down.
Town Manager Class welcomed Council Member Fleury and Council Member Jensen and thanked them for their
dedication to serve the Town.
Town Council Minutes May 23,2017 Page 2 of 8
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.
4. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated April 25,
2017(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding financial and variance report dated April 2017(Staff).
6. Consider and take appropriate action regarding an Ordinance approving a negotiated settlement between
the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the
Company's 2017 Rate Review Mechanism filings; declaring existing rates to be unreasonable; adopting
tariffs that reflect rate adjustments consistent with the negotiated settlement;finding the rates to be set by
the settlement tariffs to be just and reasonable and in the public interest; requiring reconciliation and rate
adjustments if federal income tax rates change; terminating the RRM process for 2018 pending
renegotiation of RRM terms and conditions; requiring the Company to reimburse ACSC's reasonable
ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of
the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery
of this ordinance to the Company and the ACSC's legal counsel(Staff).
7. Consider and take appropriate action regarding an Interlocal Purchasing Agreement between the Town and
the City of Southlake for the purchase of goods and services; and authorizing the Mayor or his designee to
execute all necessary documents(Staff). (Town Secretary Note:Approved as presented at the dais)
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 Police Department; and
authorizing the Mayor or his designee to execute all necessary documents(Staff).
9. 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).
10. Consider and take appropriate action regarding a Requisition Request for procurement of radio equipment
between the Town and Motorola Solutions for operations in the Fire Department; and authorizing the
Mayor or his designee to execute all necessary documents(Staff). (Town Secretary Note:This was a TCMUD
No. I budget item and will be a TCMUD No. 1 asset but the funds will be reimbursed to the Town)
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Fleury, to approve the Consent Agenda
Items 4 through 10.
Motion passed unanimously.
REGULAR SESSION
11. Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town of Trophy
Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2017; levying a tax, and
providing for the security for and payment of said certificates; awarding the sale of the certificates;
authorizing the execution and delivery of a Paying Agent Agreement; approving the Official Statement;
enacting other provisions relating to the subject;and declaring an effective date(Staff).
Director of Finance Karkauskas stated that four bids were received with the lowest rate being at 2.61 percent.
Additionally,she introduced and thanked Financial Advisor Mark McLiney,with SAMCO Capital Markets, and Bond
Counsel Julie Partain,with Bracewell, LLP,for their exceptional service and assistance during the process.
Town Council Minutes May 23, 2017 Page 3 of 8
Financial Advisor McLiney advised that a Standard & Poor's Financial Services LLC business has assigned a rating of
"AA+" to the Certificates and to the Town's outstanding general obligation debt. The rating allowed them to
receive bids throughout the country that ranged from Minneapolis and Milwaukee, which was a credit to the
Council and management. He announced that Stifel, Nicholaus&Company, Incorporated submitted the lowest bid
for the Combination Tax and Revenue Certificates of Obligation,Series 2017.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Ordinance No. 2017-
14, authorizing the issuance of Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2017; levying a tax, and providing for the security for and payment of said certificates; awarding
the sale of the certificates; authorizing the execution and delivery of a Paying Agent Agreement; approving the
Official Statement; enacting other provisions relating to the subject; and declaring an effective date of May 23,
2017.
Motion passed unanimously.
Council Member Rowe requested that Staff distribute to Council an updated Debt Model after the issuance of the
Combination Tax and Revenue Certificates of Obligation,Series 2017.
12. Consider and take appropriate action regarding the acceptance of the Audit for the Town of Trophy Club,
Fiscal Year 2016(Staff).
Director of Finance Karkauskas provided an update regarding the Audit and advised that immediately after the
Audit Committee meeting, the Town auditors determined that the Public Improvement District Debt Service
Agency Fund, created in 2007,was classified incorrectly as per the guidance provided in Governmental Accounting
Standards Board(GASB)61. Instead of reporting this as a fiduciary fund,the Town should have presented this as a
blended component unit. There are no material items within Town financials that are in question; the issue was
simply the presentation of this particular fund. Currently there is one small item that needs to be resolved
regarding a discrepancy between the Denton County Tax Assessor/Collector and David Taussig and Associates
activity summary report,which will be expected to be reconciled by the end of week. Staff believed that the Audit
would be ready to be accepted by the June 13,2017 Council meeting.
Council Member Shoffner requested that an asset list be provided to the Council.
Mayor Sanders thanked Staff for their hard work to ensure that the Audit was accurate.
No action was taken on this item.
13. Case 0-AMD-17-001(Tree Houses)
a. Conduct a Public Hearing regarding a request to amend Section 14.02.052, "General Definitions",
Section 14.02.052 entitled "General Definitions" of Division 2, entitled "Definitions" of Article 14.02
entitled "Zoning Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of
Ordinances to include a definition of "Tree House"; and Amend Subsections (1)(A)(ii), (1)(A)(v), and
(6)(A) of Section 14.02.253 entitled "Accessory Structures and Uses" of Division 5, entitled
"Supplementary District Regulations" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14
entitled,"Zoning"of the Town of Trophy Club Code of Ordinances to incorporate the regulation of Tree
Houses; and Repeal Subsection (3)(A)of Section 14.02.253 entitled "Accessory Structures and Uses"of
Division 5,entitled"Supplementary District Regulations"of Article 14.02 entitled"Zoning Ordinance"of
Chapter 14 entitled,"Zoning"to allow for Tree Houses(Town Council).
Mayor Sanders convened into a Public Hearing at 7:49 p.m.
There were no individuals wishing to speak.
Mayor Sanders reconvened into Regular Session at 7:51 p.m.
Town Council Minutes May 23,2017 Page 4 of 8
b. Consider and take appropriate action regarding a request to amend Section 14.02.052, "General
Definitions", Section 14.02.052 entitled "General Definitions" of Division 2, entitled "Definitions" of
Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club
Code of Ordinances to include a definition of"Tree House";and Amend Subsections(1)(A)(ii),(1)(A)(v),
and (6)(A) of Section 14.02.253 entitled "Accessory Structures and Uses" of Division 5, entitled
"Supplementary District Regulations" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14
entitled,"Zoning"of the Town of Trophy Club Code of Ordinances to incorporate the regulation of Tree
Houses; and Repeal Subsection (3)(A)of Section 14.02.253 entitled "Accessory Structures and Uses"of
Division 5,entitled"Supplementary District Regulations"of Article 14.02 entitled"Zoning Ordinance"of
Chapter 14 entitled,"Zoning"to allow for Tree Houses(Town Council).
Town Planner Reich stated that the Planning&Zoning(P&Z) Commission considered this request on May 4, 2017,
and the required public hearing was opened and closed without public comment.The Commission's main concerns
included: increasing the setback; reducing the allowed size; the possibility of habitation or home office; the ability
to require permits for the structure or for the trade work;the capability of trees to hold the extra weight; and the
possibility of receiving a variance from the Zoning Board of Adjustment (ZBA). A motion was made to table this
item to give Staff time to consider the Commission's discussion and return with more specific guidelines to address
the issues that were deliberated.
Dennis Sheridan, Chair of the P&Z Commission, stated that if Council desired to allow tree houses, then they
should be allowed with no permit and no restrictions, but if Council wanted to add restrictions, a permit must be
required to help enforce them. He advised that most of the Commissioners desired to have restrictions because
they did not want to create a privacy issue between neighbors, which led the Commission into a discussion on
setbacks, structural size, height, and concern about grandfathering any existing tree houses. He remarked that
Staff was requested to perform additional research and provide the Commission with more details about their
concerns.
Discussion took place on whether or not tree house structures that were already built should be grandfathered.
Council Member Rowe commented that the Council's initial recommended change was to treat tree houses the
same as children's playhouses. His preference was for the P&Z Commission to consider expanding the definition of
"children's playhouse"to include tree houses and to add that they could partially be supported by the ground or a
tree.
Council Member Shoffner stated that he originally recommended allowing tree houses because there were two
tree houses already built in Town and this would clean up the ordinance. He noted that if restrictions were
established,such as no electricity or water,then Code Enforcement would have an ordinance to reference.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to direct Staff to amend Case
O-AMD-17-001(Tree Houses) in such a way to remove the prohibition of tree houses and modifying the definition
of"children's playhouse"to be broad as to how the structure was supported.
Discussion ensued about the possibility of having to conduct another public hearing if a vote was taken. Council
Member Shoffner did not want to trigger another public hearing and was in favor of taking no action to allow the
item to remain in the same framework of the current public hearing.
Substitute Motion:
Substitute Motion made by Council Member Rowe, seconded by Council Member Kurtz, to amend Case
O-AMD-17-001 (Tree Houses) by removing tree houses from Subsection, 3, Prohibited structures, within Section
14.02.253,Accessory structures and uses.
After discussion that the Council preferred to just provide direction to Staff verses taking action, Council Member
Rowe withdrew the Substitute Motion and Council Member Kurtz agreed.
Mr. Sheridan affirmed that Staff was still instructed, per the P&Z Commission's motion,to remove the prohibition
of tree houses and include tree houses with the children's playhouse definition.
Town Council Minutes May 23, 2017 Page 5 of 8
Town Attorney Dodd advised that if the changes fell under the prior public hearing notification, even with both
public hearings being closed,then the direction that was provided would be covered under that framework.
No action was taken on this item.
14. Consider and take appropriate action regarding the budget reallocations from the construction contingency
funds for the new Trophy Club Town Hall facility;discussion of same(Mayor Sanders).
Town Manager Class stated that on April 25, 2017, Staff was tasked to review and evaluate all past reallocations
from the Town Hall construction contingency fund to identify potential cost savings. The review was completed,
and to date the Town Manager had negotiated three individual credits totaling$14,802.13 back to the contingency
fund. The current contingency fund balance was now$84,614.38. Also on April 25, 2017, the Council authorized
Staff to utilize $33,397.66 of contingency funds for Town Hall landscaping. Following a secondary review of the
private contractor landscaping plan, it was determined that no contingency funds would be expended to complete
Town Hall landscaping. The landscaping project, estimated to cost $12,000, would be completed by the Parks
Department personnel utilizing available operating funds. In addition, Tree City funding was identified and would
be utilized to further offset the cost of Town Hall landscaping.
Mayor Sanders and Council Member Kurtz expressed their gratitude for Staff's ongoing efforts to save resident
funds.
Mayor Pro Tem Lamont inquired about the Trophy Club Municipal Utility District(TCMUD) No. 1 water meter fee
of approximately$10,000. Town Manager Class responded that the vault was installed for the water meter that
was not necessary,which was invoiced to TCMUD No. 1 and was rejected for payment by the TCMUD No. 1 Board
of Directors.
No action was taken on this item.
15. Consider and take appropriate action regarding the Council Chambers; Public Art and
Decorations/Furnishings for the Foyer and/or Council Chambers; a Building Dedication Plaque; and funding
sources for the new Trophy Club Town Hall facility; discussion of same (Mayor Sanders, Mayor Pro Tem
Lamont,and Council Member Shoffner).
Mayor Sanders discussed that solicitation had begun for Town artifacts in order to possibly display them in the
foyer at the new Town Hall facility. He remarked that it may be appropriate to take action to proceed with
planning decorative items, such as the Town logo, on the curved brick entryway wall, a bronze plaque to be
mounted on the building, and some sort of enhancement on the wall behind the dais in the Council Chambers
since it was a blank wall.
Town Manager Class advised that there were no funds currently budgeted for furniture in the foyer. His desire
was to at that least purchase a desk that would be occupied with a volunteer, from a core of individuals, that
would perform light administrative functions, such as greet residents and answer phones. He also recommended
purchasing seating for the foyer area and display cases to house the Town artifacts.
Mayor Sanders noted that hotel occupancy tax (HOT) funds could be used for public art, which could possibly be
utilized for internal or external art at the Town Hall facility. He acknowledged that the Town was a golf community
and that a statue could be installed to honor that heritage.
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Kurtz,to form a Council Subcommittee,
consisting of Mayor Sanders, Council Member Fleury, and Council Member Shoffner, to work with Staff to review
the mentioned items,and have them brought back for Council's consideration.
Council Member Shoffner felt that Council Member Fleury could assist with the incorporation of school art from
Byron Nelson High School and Medlin Middle School students to highlight their artwork at Town Hall.
Town Council Minutes May 23, 2017 Page 6 of 8
Council Member Jensen recommended installing a dedication plaque that displayed the names of the Council that
were in place when the Town Hall Facility Proposition was approved by the voters, as well as the names of the
Council when the Town Hall opens.
Mayor Sanders received consensus from the Council to proceed with Council Member Jensen's suggestion of the
dedication plaque.
Council Member Kurtz preferred not to use HOT funds because he wanted to ensure that they remained on budget
according to the Proposition that residents voted for.
The vote was taken.
Motion passed unanimously.
16. Tabled Agenda Item:Consider and take appropriate action regarding proposed Town Council meeting dates
in July 2017;discussion of same(Staff).
Council Member Fleury preferred to hold the July 25, 2017 Council meeting because she would be out of town for
the July 11,2017 Council meeting.
Town Manager Class advised that pursuant to the Interlocal Cooperation Agreement for Administration of Fire
Protection Services,a Joint Session meeting with the TCMUD No. 1 Board of Directors was required to occur in July
2017;therefore he was proposing to have that meeting on July 25,2017.
Mayor Sanders pointed out that a possible item to be considered at the Joint Session meeting was the removal of
the stipulation that required TCMUD No. 1 to provide to the Town any amended or revised MUD Rate Order
adopted by MUD not later than sixty (60) days before the effective date of any new rates and charges, within the
Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services
Agreement.
Council Member Jensen recommended maintaining both Council meetings in July and allow for the July 25, 2017
Council meeting to be strictly for TCMUD No. 1 related items.
No action was taken on this item.
17. Discussion of items for Future Agendas to include agenda items for consideration on the June 13, 2017
Council agenda 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 and the maintenance building by the Wastewater
Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016) (3-August 9, 2016)
(4-November 8,2016)(5-February 14,2017)(6-May 23,2017)
Mayor Sanders advised that his intent was that the Annex Building would be utilized for Town storage after Staff
relocated into the new Town Hall facility.
Council Member Shoffner recommended that the Police Department also be used for Town storage after the
relocation to the new Town Hall.
Council Member Shoffner requested to remove Item No. 5 from the Town Council Future Agenda Items list: Staff
research the impact and have a contingency plan for the Town should the Trophy Club Municipal Utility District No.
1 Bond Election fail on May 6,2017.(Shoffner 4/11/2017)(1-July 11,2017)
Town Council Minutes May 23,2017 Page 7 of 8
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 to deliberate the appointment, employment, evaluation,
reassignment,duties,discipline or dismissal of a public officer or employee:
Mayor Pro Tem
B) 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:
Enforcement of Ordinances
CONVENED INTO EXECUTIVE SESSION-START TIME—8:53 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:42 P.M.
RECONVENED INTO REGULAR SESSION
19. Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of same
(Staff).
Council Member Jensen nominated Council Member Rowe to serve as the Mayor Pro Tern.
Mayor Sanders received no further nominations and requested a vote to appoint Council Member Rowe to serve
as the Mayor Pro Tem.
The vote was taken.
The nomination carried 6-0-1 with Mayor Sanders and Council Members Fleury, Jensen, Kurtz, Lamont, and
Shoffner voting for and Council Member Rowe voting against.
20. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Fleury, seconded by Mayor Pro Tern Rowe, to adjourn the meeting at 9:44 p.m.
Motion passed unanimously.
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Town Council Minutes May 23, 2017 Page 8 of 8