Minutes TC 10/10/2017 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,OCTOBER 10,2017,7:00 P.M.
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
SVORE MUNICIPAL BUILDING BOARDROOM
The Town Council of the Town of Trophy Club,Texas, met in a Regular Session on Tuesday, October 10, 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
Rhylan Rowe Mayor Pro Tern,Place 3
Alicia Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Tom Class Town Manager Tony Jaramillo Director of Parks and Recreation
David Dodd Town Attorney Amber Karkauskas Director of Finance
Holly Fimbres Town Secretary/RMO Sherri Lewis PIO/Communications Manager
Patrick Arata Police Chief Mike Pastor Information Technology Manager
Greg Boos Fire Driver/Engineer Lisa Payne Town Planner
Wade Carroll Fire Chief Jonathan Phillips Director of Administrative Services
Matt Christoffel Police Officer Steve Rusk Firefighter/EMT
Kalo Evans Firefighter/EMT Justin Smith Firefighter/EMT
Donnie Hurd Fire Captain Tommy Uzee Director of Community Development
Mayor Sanders announced the date of Tuesday, October 10, 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 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.
Mayor Sanders advised that Wayne Hummer submitted an email on October 9,2017,expressing his desire to paint
a blue stripe on either Plaza Drive or Trophy Wood Drive to show support for the Police Department.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update regarding the following, discussion and provide input regarding same
(Staff):
• Fall Festival —The 5th Annual Fall Festival was scheduled for October 14th from 3:00 p.m. to 6:00 p.m.
Staff expected 800 attendees and various activities were planned for the kids, such as bounce houses and
a petting zoo.
• Highway 114 Sound Wall — The Texas Department of Transportation (TxDOT) was waiting on the
completion of the revised engineering drawings. The drawings needed to be revised since both walls
were moving away from the residential lots(west wall—8 additional feet and the east wall-7.5 additional
feet). Normally TxDOT would revise the engineering plans, but it would be several months before TxDOT
engineers could get to this project; therefore the contractor was handling the revisions. TxDOT
anticipated that the wall would be completed in late Spring 2018.
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 September
12,2017(H. Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding the financial and variance report dated August 2017 (A.
Karkauskas).
4. Consider and take appropriate action regarding a Requisition Request for procurement of a new Police SUV
Patrol vehicle and a Police SUV Administrative vehicle between the Town of Trophy Club and Silsbee Ford
for operations in the Police Department;and authorizing the Mayor or his designee to execute all necessary
documents(P.Arata).
Motion:
Motion made by Council Member Kurtz, seconded by Council Member Fleury,to approve Consent Agenda Items 2
through 4.
Motion passed unanimously 7-0-0.
REGULAR SESSION
5. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
2017 as Bullying Prevention Awareness Month in Trophy Club; and providing an effective date (Mayor
Sanders and Council Member Fleury).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury,seconded by Council Member Jensen,to approve Proclamation No. 2017-
09, recognizing October 2017 as Bullying Prevention Awareness Month in Trophy Club; and providing an effective
date of October 10,2017.
Scott Folley, 2407 Lilyfield Drive, read a letter on behalf of his daughter, Mackenzie, who was a student at Byron
Nelson High School. In an effort to prevent others from experiencing the loss of a loved one due to bullying she
was committed to creating an anti-bullying campaign called My Bully-Free Community. The group would offer a
supportive place for discussions and opportunities to come together through organized events occurring
throughout the year. Mackenzie encouraged individuals to become active in this campaign because there was a
serious need to put an end to bullying. The group has created a Facebook page and are in the process of creating
Town Council Minutes October 10, 2017 Page 2 of 7
an online support chatroom called Find a Friend for those who are struggling with bullying. Additionally,the group
was planning to host an event in October 2017.
The vote was taken.
Motion passed unanimously 7-0-0.
Mayor Sanders and Council Member Fleury presented Jamie Farber, Director of Counseling for Northwest
Independent School District,with the proclamation.
6. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
2017 as Breast Cancer Awareness Month in Trophy Club;and providing an effective date(Mayor Sanders).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury,seconded by Council Member Jensen,to approve Proclamation No. 2017-
11, recognizing October 2017 as Breast Cancer Awareness Month in Trophy Club; and providing an effective date
of October 10,2017.
Motion passed unanimously 7-0-0.
7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
2017 as National Domestic Violence Awareness Month in Trophy Club; and providing an effective date
(Mayor Sanders).
Mayor Pro Tem Rowe read the proclamation into the record.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve Proclamation No. 2017-
12, recognizing October 2017 as National Domestic Violence Awareness Month in Trophy Club; and providing an
effective date of October 10,2017.
Motion passed unanimously 7-0-0.
Mayor Sanders presented Scott Hensel!, Board Treasurer with the Children's Advocacy Center for Denton County,
with the proclamation.
8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 22,
2017 as the Bicentenary of the Birth of Baha'u'llah in Trophy Club; and providing an effective date (Mayor
Sanders).
Mayor Pro Tem Rowe read the proclamation into the record.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve Proclamation No. 2017-
13, recognizing October 22, 2017 as the Bicentenary of the Birth of Baha'u'llah in Trophy Club; and providing an
effective date of October 10, 2017.
Motion passed unanimously 7-0-0.
Shirin Hamraei with the Baha'is Community in Trophy Club advised that they would be hosting a celebration of the
Bicentenary of the Birth of Baha'u'llah on October 22, 2017. Baha'u'Ilah's teachings promote the oneness of
humanity, the elimination of all forms of prejudice, a spiritual solution to economic problems, and the equality of
women and men to be a healing balm to the ailments of the world.
Mayor Sanders presented Ms. Hamraei with the proclamation.
Town Council Minutes October 10,2017 Page 3 of 7
9. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October
8-14,2017 as Fire Prevention Week in Trophy Club;and providing an effective date(W.Carroll).
Mayor Pro Tem Rowe read the proclamation into the record.
Motion:
Motion made by Mayor Pro Tern Rowe, seconded by Council Member Jensen,to approve Proclamation No. 2017-
10, recognizing October 8-14, 2017 as Fire Prevention Week in Trophy Club; and providing an effective date of
October 10,2017.
Motion passed unanimously 7-0-0.
Mayor Sanders presented Fire Chief Carroll, Fire Captain Hurd, Fire Engineer Boos, and Firefighters Evans, Rusk,
and Smith with the proclamation.
10. Case#ME-17-001(HG Sply Co.Development Sign)
Consider and take appropriate action regarding a Meritorious Exception for a development sign proposal
located at 2980 East State Highway 114,the property being located in the PD 25 zoning district(T.Uzee).
Director of Community Development Uzee stated that the item went before the Planning and Zoning (P&Z)
Commission on October 5, 2017 and they recommended approval of the request, subject to the development
sign's removal at or before the first permanent sign was installed.The motion passed with a vote of four in favor
and two opposed. Additionally, he advised that according to the Table of Signage Criteria, Section 3.09.092, a
development sign could not exceed 32 square feet in area and five feet in height. Although the proposed sign area
was in compliance,the proposed height of eight feet exceeded the maximum height by three feet. The sign would
be located two feet above the ground effectively creating a total height of 10 feet from the ground.
Dennis Sheridan, Chairperson of the P&Z Commission, advised that the Commission had a split vote because the
applicant was not in attendance at their meeting to answer questions.
Mayor Sanders briefly explained that the Council agenda packet was posted on the same day as the P&Z
Commission meeting, October 5th, with this item placed on the Consent Agenda, which could have been pulled
during the Council meeting to allow discussion of the item. The Council agenda was reposted with the item placed
on the Regular Session since there was disagreement that the item was placed on the Consent Agenda before the
P&Z Commission provided their recommendation.
Justin Springfield was present to address any questions.
Main Motion:
Main Motion made by Mayor Pro Tern Rowe, seconded by Council Member Jensen, to approve Case#ME-17-001
(HG Sply Co. Development Sign) approving a Meritorious Exception for a development sign proposal located at
2980 East State Highway 114, the property being located in the PD 25 zoning district, omitting the condition
recommended by the P&Z Commission that the development sign be removed at or before the first permanent
sign was installed.
Mayor Pro Tern Rowe explained that the request was for a temporary sign and the Town's Code of Ordinances
addressed time requirements for removal;therefore there was no need to place a condition on the removal of the
temporary sign.
Council Member Jensen was concerned that the P&Z Commission took issue that an applicant was not present for
their meeting. The P&Z Commission reviews the application as presented and provides a recommendation to the
Council.
Council Member Kurtz commented that a recommendation for approval or denial should be based on the merits of
the request rather than an applicant not being present for a meeting.
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Motion to Amend:
Motion to Amend made by Council Member Shoffner,seconded by Mayor Pro Tern Rowe,to waive the permit fee.
Council Member Shoffner explained that he did not believe the permit fee should be required based on the Town's
Code of Ordinances for temporary signs.
The vote was taken for the Motion to Amend,to waive the permit fee.
Motion to Amend passed unanimously 7-0-0.
Council Member Shoffner reiterated that a P&Z Commission vote should not be decided based on what the Council
did on an agenda. The P&Z Commission discussed that the applicant should follow the sign ordinance and the
Commission questioned the hardship that the height restriction posed. He commented that this would be a
temporary sign and he read Section 3.09.010, Meritorious Exceptions and Appeals,"It is not the intention of these
criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that,while clearly
nonconforming to this article and thus not allowable under these criteria, have obvious merit in not only being
appropriate to the particular site or location, but also in making a positive contribution, to the visual
environment."
The vote was taken for the Main Motion as Amended, to approve Case #ME-17-001 (HG Sply Co. Development
Sign)approving a Meritorious Exception for a development sign proposal located at 2980 East State Highway 114,
the property being located in the PD 25 zoning district, omitting the condition recommended by the P&Z
Commission that the development sign be removed at or before the first permanent sign was installed; and to
waive the permit fee.
Main Motion as Amended passed unanimously 7-0-0.
11. Review of and take appropriate action regarding amending the Town's Zoning Map (Mayor Sanders and
Council Member Shoffner).
Mayor Sanders explained that Council Member Shoffner had identified that the Loop Road was not shown on the
current Town Zoning Map.
Council Member Shoffner stated that it appeared that the Loop Road was removed from the Zoning Map in 2007
and he wanted to ensure that the Town's history be placed back on the map. He added that the Town had secured
right-of-way at the end of Trophy Club Drive and Junction Way to allow for the roads to be connected in the
future. The inclusion of the Loop Road demonstrated that the Town desired to eventually construct the Loop
Road.
Motion:
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Rowe, to approve the Zoning Map as
presented.
Director of Community Development Uzee advised that Teague, Nall & Perkins was in the process of producing an
official Zoning Map for the Council to approve that would include the Town seal and a signature block for the
Mayor to sign.
The vote was taken.
Motion passed unanimously 7-0-0.
12. Consider and take appropriate action regarding proposed Town Council meeting dates for November and
December 2017(H.Fimbres).
Mayor Sanders stated that typically the second meeting in November and December are canceled due to the
holiday season and lack of agenda items.
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Motion:
Motion made by Council Member Jensen, seconded by Mayor Pro Tem Rowe, to conduct the November 14, 2017
and December 12, 2017 Council meetings and to cancel the November 28, 2017 and December 26, 2017 Council
meetings.
Motion passed unanimously 7-0-0.
13. Discussion of items for Future Agendas to include agenda items for consideration on the October 24, 2017
Council agenda and items from the Town Council Future Agenda Items list(H. Fimbres).
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.
Town Manager Class advised that Staff was prepared to provide an update to Council at the October 24, 2017
Council meeting regarding Town Council Future Agenda Item No.3,Town maintained property.
EXECUTIVE SESSION
14. 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:
Pending Litigation(D. Dodd)
B) 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 and Section 551.087
Deliberation 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:
North of Highway 114,east of Trophy Club Drive(Council Member Shoffner and Council Member Kurtz)
C) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment,duties,discipline or dismissal of a public officer or employee:
1. Economic Development Corporation 4B(Mayor Sanders)
2. Tax Increment Reinvestment Zoning No.1 Board(Mayor Sanders)
CONVENED INTO EXECUTIVE SESSION-START TIME—7:54 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—8:36 P.M.
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RECONVENED INTO REGULAR SESSION
15. Consider and take appropriate action repealing Resolution 2017-22 and adopting a new Resolution, filling
one(1)vacant position for the remainder of an unexpired term on the Economic Development Corporation
4B; reaffirming existing appointments and the Town Council Liaison;and providing an effective date(Mayor
Sanders).
Motion:
Motion made by Mayor Pro Tern Rowe, seconded by Council Member Jensen, to repeal Resolution No. 2017-22
and approve Resolution No. 2017-29, appointing Jared Hall to fill a vacant position for the remainder of an
unexpired term on the Economic Development Corporation 4B; reaffirming existing appointments and the Town
Council Liaison;and providing an effective date of October 10, 2017.
Motion passed unanimously 7-0-0.
16. Consider and take appropriate action repealing Resolution 2017-26 and adopting a new Resolution, filling
one (1) vacant position for the remainder of an unexpired term on the Tax Increment Reinvestment Zone
No. 1; reaffirming existing appointments and the Chairperson; and providing an effective date (Mayor
Sanders).
Motion:
Motion made by Mayor Pro Tern Rowe, seconded by Council Member Jensen, to repeal Resolution No. 2017-26
and approve Resolution No. 2017-30, appointing Jared Hall to fill a vacant position for the remainder of an
unexpired term on the Tax Increment Reinvestment Zone No. 1; reaffirming existing appointments and the
Chairperson;and providing an effective date of October 10, 2017.
Motion passed unanimously 7-0-0.
17. Consider and take appropriate action regarding the Executive Session(H. Fimbres).
No action was taken on this item.
ADJOURN
Motion made by Mayor Pro Tern Rowe,seconded by Council Member Jensen, to adjourn the meeting at 8:39 p.m.
Motion passed unanimously 7-0-0.
Holly Fimbres Town Secretary ( C, C. Nick Sanders, Mayor
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Town Council Minutes October 10,2017 Page 7 of 7