Minutes TC 09/11/2018 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,SEPTEMBER 11,2018,7:00 P.M.
LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 11, 2018.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Mayor Pro Tem, Place 6
Alicia L. Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
STAFF PRESENT:
Tom Class Town Manager Lisa Payne Town Planner
David Dodd Town Attorney Jonathan Phillips Director of Administrative&Financial Services
Holly Fimbres Town Secretary/RMO Tommy Uzee Director of Community Development
Patrick Arata Police Chief Steve Woodard Police Captain
Wade Carroll Fire Chief John Zagurski Finance Manager
Tony Jaramillo Director of Parks and Recreation Steve Zieverink Information Technology Specialist
Mayor Sanders announced the date of Tuesday, September 11, 2018, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Reverend Edlen Cowley with Fellowship United Methodist Church.
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tem Shoffner.
Mayor Sanders held a moment of silence to recognize the anniversary of the September 11, 2001 attacks on our
nation and to honor those who perished that day.
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.
Mike Branum, 2887 Redfern Drive, presented a community partnership concept of an inaugural Town Turkey Trot
to create a fun community event,which would aid in cancer research and help support the Trophy Club Emergency
Volunteers Association (TCEVA). He displayed a proposed route that would begin at Byron Nelson High School.
Sarah Collins, 2845 Sherwood Drive, representing Angels Fall Up, stated that they were a nonprofit entity,
incorporated in 2012, that was organized and operated to help raise support and awareness for the fight against
cancer undertaken by the cutting edge UT Southwestern Harold C. Simmons Comprehensive Cancer Center in
Dallas. Angels Fall Up was dedicated to creating local partnership to fight cancer in North Texas. Their vision was a
world free of cancer, with a mission to increase funding for cancer research and treatment, honor those who lost
their lives to cancer, to celebrate survivors, and to support caregivers. They have six years of experience hosting
and partnering with The Colony and The Colony RoadRunners Club for their annual half marathon.
Pam Pipkins, 2827 Exeter Drive, President of the TCEVA,was honored to be part of the inaugural Town Turkey Trot
and offered TCEVA's full support to Angels Fall Up. They believed that it would be a great family event and the
proceeds would help benefit cancer research,as well as the Trophy Club Fire and Police Departments.
In conclusion, Mr. Branum was aware that no action would be taken tonight but he sought a future gesture of
support from the Town.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class'update and provide input regarding the following(T.Class):
• PD 25—Progress has been made on the exterior masonry of the HG Sply building. The rough-ins remain
on schedule for the electrical, mechanical, plumbing and fire sprinkler. The parking lot was scheduled for
completion in late October, with the building completion and issuance of the certificate of occupancy
anticipated to be in the late Fourth Quarter 2018, and the opening of HG Sply at the end of the First
Quarter 2019.
• PD 30—Weather has created some delays for the Trophy Club Town Center but the primary infrastructure
has been completed. Further progress of the retaining walls was scheduled for the following week.
Building permits had been issued for the apartment complex and parking garage.
• Community Clean-Up — Scheduled for October 6th, from 9:00 a.m. to 11:00 a.m., at Byron Nelson High
School.
• Sound Wall —The east wall has been completed and the west wall was 60 percent complete, and the
entire project was expected to be completed in November 2018.
Mayor Pro Tern Shoffner inquired if any other plans were being reviewed relating to the PD 30 development.
Town Manager Class responded that the retail portion was also being reviewed.
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 August 28,
2018(H. Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy
Club, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (ACSC) and
Atmos Energy Corp., Mid-Tex Division regarding the Company's 2018 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 attached settlement tariffs to be just and
reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions
and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability;
requiring the Company to reimburse ACSC's reasonable ratemaking expenses; determining that this
Resolution 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 Resolution to the Company and the
ACSC's Legal Counsel(J. Phillips).
4. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments
to financial institution documents naming authorized Town representatives on Texas Local Government
Investment Pools(TexPool)signature accounts;and providing an effective date(J.Phillips).
5. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and
lntermedix Corporation for Ambulance Billing and related Professional Services; and authorizing the Mayor
or his designee to execute all necessary documents(W.Carroll).
Town Council Minutes September 11, 2018 Page 2 of 8
6. Consider and take appropriate action regarding an Ordinance amending Section A1.008 Fire Plan Review,
and Section A1.009, Fire Division,of Article A1.000,General Provisions,of Appendix A, Fee Schedule,within
the Town's Code of Ordinances;and provide an effective date(W.Carroll).
Mayor Sanders requested to remove Agenda Item No.6 from the Consent Agenda.
Motion:
Motion made by Mayor Pro Tern Shoffner, seconded by Council Member Jensen, to approve the Consent Agenda
Items No. 2 through 5.
Motion passed unanimously 7-0-0.
REGULAR SESSION
6. Consider and take appropriate action regarding an Ordinance amending Section A1.008 Fire Plan Review,
and Section A1.009,Fire Division,of Article A1.000,General Provisions,of Appendix A, Fee Schedule,within
the Town's Code of Ordinances;and provide an effective date(W.Carroll).
Mayor Sanders advised that he requested that this item be removed because the Town's Charter mentions that all
persons interested shall have the opportunity to be heard for all ordinances.
Motion:
Motion made by Mayor Pro Tern Shoffner, seconded by Council Member Jensen, to approve Ordinance No. 2018-
16, amending Section A1.008 Fire Plan Review, and Section A1.009, Fire Division, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, within the Town's Code of Ordinances; and provide an effective date of
September 11, 2018.
Fire Chief Carroll advised that this item was an opportunity to correct a couple of minor scrivener errors and to
revise some of the terminology to be more user friendly.
The vote was taken.
Motion passed unanimously 7-0-0.
PUBLIC HEARING
7. Conduct the Second Public Hearing regarding the proposed tax rate for fiscal year October 1, 2018 to
September 30, 2019, and Mayor to announce the date, time and place of the vote on the tax rate (J.
Phillips).
Mayor Sanders convened into a Public Hearing at 7:17 p.m. and announced that the vote for the proposed tax rate
of $0.451442 per $100 valuation would be held on September 25, 2018, at 7:00 p.m. at 1 Trophy Wood Drive,
Texas 76262.
There were no individuals present that wished to speak regarding this item.
Mayor Sanders closed the Public Hearing and reconvened into Regular Session at 7:18 p.m.
REGULAR SESSION
8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing September
2018 as Suicide 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. She recognized Northwest Independent School
District(NISD)for being proactive with implementing programs at their schools and bringing awareness to prevent
suicide and bullying. Additionally, she advised that the Byron Nelson High School counseling team received the
2018 RAMP distinction from the American School Counselor Association, designating it as one of the top
counseling staffs in the nation for five years.
Town Council Minutes September 11,2018 Page 3 of 8
Motion:
Motion made by Council Member Fleury, seconded by Council Member Rowe,to approve Proclamation No.2018-
12, recognizing September 2018 as Suicide Awareness Month in Trophy Club; and providing an effective date of
September 11, 2018.
Motion passed unanimously 7-0-0.
Jamie Farber, Director of Guidance and Counseling with NISD, accepted the proclamation and thanked the Council
for their support.
9. Tabled Agenda Item
Case SP-AMD-18-001(Fellowship United Methodist Church)
Consider and take appropriate action regarding a request to amend the approved Site Plan for Fellowship
United Methodist Church, generally located northwest of Trophy Club Drive and approximately 140 feet
southwest of Indian Creek Drive(L. Payne).
Town Planner Payne advised that this item was tabled at the August 28, 2018, Council meeting in order for the
applicant to return plans that included an 8'tall masonry wall along the common property line with residential Lot
405 and along Sunset Drive between the parking lot and the street, as well as perimeter landscaping. The revised
plans fully complied with the Town's parking and landscaping ordinances. The required perimeter trees would be
installed on the inside of the wall,along with sod and irrigation on either side of the wall,which complied with the
Town's parking and landscaping ordinances.
Motion:
Motion made by Mayor Pro Tern Shoffner,seconded by Council Member Jensen,to approve Case SP-AMD-18-001
as presented, amending the approved Site Plan for Fellowship United Methodist Church, generally located
northwest of Trophy Club Drive and approximately 140 feet southwest of Indian Creek Drive.
Council Member Lamont commented that the Town should install a barrier by Portland Drive to prohibit access
from Portland Drive to the parking lot. Town Planner Payne responded that the Town could install a barrier in the
right-of-way if the Council deemed that necessary.
Reverend Edlen Cowley and Tommy Raper with Fellowship United Methodist Church were available for questions,
but did not speak.
Larry Hoover, 1118 Berkshire Court, was grateful that the church included a masonry wall but he was concerned
with how the concrete trucks would enter into the parking lot. He requested that all concrete and construction
trucks be required to enter the property from Trophy Club Drive.
David Scott, 1115 Wilshire Drive, asked that some sort of notification be required, such as a sign being placed out
for the public to see, when future variances or site plan change requests affected surrounding residential areas.
He was also concerned about the Portland Drive entrance.
Matt Balsly, 1108 Sunset Drive, thanked the Council for agreeing to build a wall. He was concerned about the
safety of the neighborhood children if Portland Drive became a cut through street. He noted that last year's
budget identified that Portland Drive was due for reconstruction in 2022 and that the current condition would not
support the weight of concrete trucks on the street.
Robert Clark, 1113 Sunset Drive, requested that the Council restrict traffic on Portland Drive as the construction
took place so that it would not be used as a cut through street because he had two young children. He was very
pleased with the changes made to the wall and thanked the church for their quick turnaround.
Joshua Talbot, 1107 Portland Drive, stated that his property touched the church's property and he preferred that
the wall extend to his property to alleviate people cutting through to access the parking lot. Additionally, he
Town Council Minutes September 11,2018 Page 4 of 8
inquired what the dotted line referenced on the site plan. Town Planner Payne responded that the dotted line
that he was referring to was the landscape buffer line.
Mayor Pro Tem Shoffner clarified that he sought a legal opinion from the Town Attorney regarding if the Council
could require the church to extend the wall, and the opinion was that the Council could not require the wall to be
extended past the proposed project. Furthermore, he thanked the church for doing exactly what the Council
requested,which identified the accurate placement of the wall and landscaping.
Debra Edmondson, 1730 Tuscan Ridge Circle, Southlake, an attorney speaking on behalf of James and Arlene
Sperry who lived at 1136 Sunset Drive, Lot 405. She commented that the Planning and Zoning Commission
discussed this item and recommended installing an 8' tall masonry wall. Based on discussion at the August 28,
2018 Council meeting,she was under the impression that an 8'tall masonry wall would run in front of the property
and fully along the side. She was surprised that the amended site plan showed the existing woodcrete wall and
she noted that the material listed brick for the new wall. Her clients preferred a continuous wall of the same brick
material because they were concerned with the security and aesthetics of a partial woodcrete wall and brick wall;
therefore,she requested a solid 8'tall brick masonry wall along Lot 405.
Council Member Rowe acknowledged that the church's Site Plan complied with the zoning ordinance and that the
Council was not in a position to enforce aesthetics.
Mayor Sanders called on the following individuals who filled out a Speaker Request form but they chose not to
speak: Bruce Morey and Brad Millican.
The vote was taken.
Motion passed unanimously 7-0-0.
10. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,Texas adopting
and approving the budget for the fiscal year beginning October 1,2018 and ending September 30,2019,for
Trophy Club Economic Development Corporation 4B; making appropriations; providing for expenditures as
allowed by applicable law;and providing an effective date(J.Phillips).
Director of Administrative and Financial Services Phillips advised that the Economic Development Corporation
(EDC)4B considered and approved the budget at their July 26,2018 meeting.
Motion:
Motion made by Council Member Rowe,seconded by Council Member Jensen,to approve Ordinance No. 2018-17,
adopting and approving the budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019,
for Trophy Club Economic Development Corporation 4B; making appropriations; providing for expenditures as
allowed by applicable law;and providing an effective date of October 1,2018.
Motion passed unanimously 7-0-0.
11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas adopting
and approving the Budget for the fiscal year beginning October 1,2018 and ending September 30,2019,for
the Town of Trophy Club; making appropriations; providing for expenditures as allowed by applicable law;
providing for filing of documents; repealing conflicting ordinances; and providing an effective date (J.
Phillips).
Director of Administrative and Financial Services Phillips advised that this item was to present the Fiscal Year 2019
Budget to the Council for adoption. The budget's main goals were to provide property tax relief through the use of
special revenue funds, maintain an $0.11/$100 Interest and Sinking tax rate, establish a Capital Equipment
Replacement Fund, and prepare for Phase III of the Trophy Wood development. He presented areas of change to
the Fiscal Year 2019 Budget since the August 28,2018 Council meeting,which included decreasing the property tax
rate by half a cent. This was accomplished by making the following adjustments:
• Shifting the Streets Supervisor 0.2 full-time equivalent proportion to the Street Maintenance Sales Tax
Fund;
Town Council Minutes September 11,2018 Page 5 of 8
• Shifting the Recreation Superintendent 0.35 full-time equivalent to the Trophy Club Park Fund;
• Increasing tower revenue;and
• Savings from the reorganization of the Administrative and Financial Services departments.
Additionally, he discussed the Capital Replacement Fund that included transferring the remaining balance from the
2010 Tax Notes of$41,000; one-time permit revenue from the PD 30 development; and increasing the transfer to
future replacement by$186,000.
Mayor Sanders commended Staff for taking Council's direction in creating a Capital Replacement Fund that would
prove to be beneficial.
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Shoffner, to approve Ordinance No. 2018-
18, adopting and approving the Budget for the fiscal year beginning October 1, 2018 and ending September 30,
2019, for the Town of Trophy Club; making appropriations; providing for expenditures as allowed by applicable
law; providing for filing of documents; repealing conflicting ordinances; and providing an effective date of October
1,2018.
Roll call vote:
Mayor C. Nick Sanders Yea
Mayor Pro Tern Philip Shoffner Yea
Council Member Alicia L. Fleury Yea
Council Member Eric Jensen Yea
Council Member Rhylan Rowe Yea
Council Member Tim Kurtz Yea
Council Member Greg Lamont Yea
Motion passed unanimously 7-0-0.
Mayor Sanders advised that the vote for the proposed tax rate would be taken at the September 25,2018 Council
meeting.
12. Consider and take appropriate action regarding a Resolution accepting an Annual Service and Assessment
Plan Update for Authorized Services(Emergency Services)for the Trophy Club Public Improvement District
No. 1(The Highlands at Trophy Club),and the proposed Assessment Roll; setting a date for Public Hearing;
authorizing the publication of notice and directing the mailing of notices as required by law; enacting other
provisions relating thereto;and providing an effective date(J.Phillips).
Director of Administrative and Financial Services Phillips advised that this item was specific to the Service and
Assessment Plan for the Emergency Services component of the Public Improvement District (PID) No. 1. He
advised that David Taussig & Associates would be present at the September 25, 2018 Council meeting to answer
any questions during the public hearing portion and for the consideration of the approval of the Service and
Assessment Plan for Authorized Services for the PID No. 1.
Motion:
Motion made by Council Member Rowe,seconded by Council Member Fleury,to approve Resolution No.2018-16,
accepting an Annual Service and Assessment Plan Update for Authorized Services (Emergency Services) for the
Trophy Club Public Improvement District No. 1(The Highlands at Trophy Club), and the proposed Assessment Roll;
setting a Public Hearing to be on September 25, 2018, with the assessment rate of $0.06870 per $100 taxable
valuation; authorizing the publication of notice and directing the mailing of notices as required by law; enacting
other provisions relating thereto;and providing an effective date of September 11,2018.
Motion passed unanimously 7-0-0.
Town Council Minutes September 11,2018 Page 6 of 8
13. Discussion of items for Future Agendas to include agenda items for consideration on the September 25,
2018 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.
A) Item No. 4 from the Future Agenda Items list: Discussion of and take appropriate action regarding
development of a Parkland Dedication Fund Policy.(Jensen 6/12/2018) (1-September 11,2018)
Director of Administrative and Financial Services Phillips provided a brief update regarding a proposed Parkland
Dedication Fund Policy and stated that Staff was currently reviewing other cities best practices for this type of
policy. He recommended that the Parks and Recreation Board and Council Budget Subcommittee review the policy
once it was drafted.
Council Members Jensen and Rowe commented that the Council Budget Subcommittee would be the appropriate
avenue to review the policy to set the framework before it was presented to the Council for approval.
B) Item No.5 from the Future Agenda Items list: Discussion of and take appropriate action regarding updating
the Town's Storm Water Master Plan. (Shoffner 6/12/2018) (1-September 11,2018)
Director of Community Development Uzee provided a brief update regarding updating the Town's Storm Water
Master Plan. He advised that Staff was working with Freese and Nichols to perform a hydraulic study to reflect the
improvements made at Fresh Meadow Drive, Skyline Drive, and Indian Creek Drive. Freese and Nichols were also
directed to review opening the fourth culvert at the Creekmere Drive bridge.
Mayor Pro Tem Shoffner suggested that Freese and Nichols also review the impact of the development occurring
in the Town of Westlake.
Council Member Lamont requested to add the following items to the Town Council Future Agenda Items list:
• Discussion of and possible action regarding restricting Short Term Rentals. Council Member Kurtz
supported the item to be added.
• Discussion of and take appropriate action regarding amending the Town's sign ordinance. Mayor Sanders
supported the item to be added.
• Discussion of and take appropriate action regarding amending the Meetings and Rules of Procedure
relating to abstentions. Mayor Pro Tem Shoffner supported the item to be added.
Council Member Rowe requested to remove Item No. 6 from the Town Council Future Agenda Items list:
Discussion of and take appropriate action to establish a restrictive Capital Replacement Fund with a long term
funding policy. (Rowe 6/26/2018) (1-September 25,2018)
Mayor Pro Tem Shoffner requested to add the following item to the Town Council Future Agenda Items list:
Receive an update regarding ambulance collections for property within the Town's boundaries and property out of
the Town's boundaries. Mayor Sanders supported the item to be added.
Council Member Jensen pointed out that the sign ordinance item was already placed on the Town Council Future
Agenda Items list.
Discussion took place to move the Proclamation for Bullying Prevention Month from the September 25, 2018
Council agenda to the October 9,2018 Council agenda.
Town Council Minutes September 11,2018 Page 7 of 8
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:
1. Breach of Contract Issues,Procedures,and Claims(D. Dodd)
2. Federal Emergency Management Agency Appeal(D. Dodd)
CONVENED INTO EXECUTIVE SESSION-START TIME—8:01 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—8:12 P.M.
ECONVENED INTO REGULAR SESSION
15. Consider and take appropriate action regarding the Executive Session(H. Fimbres).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 8:13 p.m.
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Town Council Minutes September 11, 2018 Page 8 of 8