Minutes TC 02/12/2019 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,FEBRUARY 12,2019,7:00 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, February 12, 2019.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 arrived at 7:07 p.m.
Eric Jensen Council Member, Place 2
Greg Lamont Council Member, Place 5
TOWN COUNCIL MEMBERS ABSENT:
Tim Kurtz Council Member, Place 4
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
Tony Jaramillo Director of Parks and Recreation Steve Zieverink Information Technology Specialist
Mike Pastor Information Technology Manager John Zagurski Finance Manager
Mayor Sanders announced the date of Tuesday,January 8, 2019, called the Town Council to order and announced
a quorum at 7:00 p.m.
The Invocation was offered by Town Secretary/RMO Fimbres.
The Pledges to the American Flag and Texas Flag were led by 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.
Ron Yeasley, 224 Fresh Meadow Drive, spoke against allowing attached forward-facing garages (Agenda Item No.
16). He provided some history regarding Ben Hogan helping create the Trophy Club Country Club which made the
Town a golfing community. The Town was also named after Mr. Hogan in 1985 because he gave his trophies to the
Country Club. When the homes surrounding the Hogan's Golf Course were built, they were not allowed to have a
garage facing the golf course or the street. He stated that only one home in the Seminole Drive and Fresh Meadow
Drive that had been given special permission to have a garage facing the street because it was on a corner of two
streets. He asked that when the Council reached Agenda Item No. 16 that they did not start changing the codes
because he felt that it was destroying the legacy that was established approximately 44 years ago after Ben Hogan.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class'update and provide input regarding the following(T.Class):
• May 4, 2019 General and Special Election —The filing period for place on the May 4th General Election
ballot for Council Member Place No. 5 and Council Member Place No. 6 on the Trophy Club Town Council
ends at 5 p.m. on February 15th. The filing period for place on the May 4th Special Election ballot for
Council Member Place No. 3 on the Trophy Club Town Council ends at 5 p.m. on March 4th. Additionally,
early voting for the February 23, 2019 Special Election has begun and ends on February 19th. Election
Day will be on February 23rd and the polls will be open from 7 a.m.to 7 p.m.at Trophy Club Town Hall.
• Communication Process—Beginning February 19th Staff would begin posting on the Town's website the
summary of Town Council actions from each meeting.
• Loop Road—Town Manager Class went into great detail and provided the following statement:
As Council is aware, the concept of a Loop Road for Trophy Club, in some form or fashion, has been in existence
since the Town's formation, and in fact, was first noted in the original Grapevine Lake Master Plan of 1971 as
amended in 2001. Since that time previous Town Councils have on again - off again looked into the feasibility of
the road from public safety and convenience, logistical,and financial perspectives without resolution.
A significant setback for the Loop Road occurred in 2001 with the adoption of the revised Grapevine Lake Master
Plan, which was a supplement to the original Master Plan of 1971. The revised plan identified Environmentally
Sensitive Areas(ESA)for the purpose of minimizing the number of future easements(or crossings)granted.
In early 2014 there appeared to be a renewed interest in determining the feasibility of a Loop Road from the Town
Council, and in fact, an engineering study was completed for a low water elevated bridge crossing. The projected
engineering and construction cost at the time was$5.3 million dollars, and shortly thereafter, discussions began in
earnest with the Army Corp of Engineers(COE)to secure easements for the road.
The Loop Road proposal was dealt a significant blow in December 2014 when the Town received an official denial
letter from the COE citing Federal restrictions on the granting of easements within designated ESA's. Following the
denial very little, if any, follow up was conducted until I re-engaged COE officials in mid-2017. Since that time I
have been in frequent personal contact with the COE's Grapevine Lake Manager, and have held four meetings with
COE staff in an effort to seek some resolution on the easement issue.
In November 2017 I met with COE officials to further discuss the Loop Road,to determine if anything, regulatory or
otherwise, had changed from the COE perspective since the December 2014 denial, and to determine what
options were available in moving forward with an appeal.
At the meeting COE officials confirmed the following facts pertinent to the Loop Road, and the unlikelihood of a
positive result in appealing the 2014 decision:
1. The Master Plan remains in effect and there are no post-2014 changes to the ESA designation that would
be favorable to Trophy Club's Loop Road request.
2. Recent changes to the Clean Water Act and the definition of what constitutes Waters of the US(WOTUS)
were not tied to the ESA designation.
COE officials further confirmed that because the following restrictions were placed on granting future easements
across COE land:
1. Requests would only be granted when no practical alternative exists.
2. Requests must have the least identifiable environmental and visual impact.
3. Requests must consider routing the easement to adjacent land outside the ESA when possible.
Town Council Minutes February 12, 2019 Page 2 of 14
In addition to the ESA restrictions, COE officials placed yet another hurdle in front of the Town; that being the
requirement to prove the following"demonstrated needs"for construction of the road:
1. Whether adjacent private land is available outside the ESA that could be utilized for the easement
(Negative —Contact with Trophy Club Country Club General Manager indicated any modification to the
course would likely not be approved).
2. Whether the proposed roadway traverses multiple jurisdictions and qualifies as a regional arterial
(Negative—the roadway does not qualify as a regional arterial).
3. Whether there is a demonstrated "public safety" need (Negative—the TCPD and TCFD Chiefs conducted
an analysis of emergency response times and determined the overall public safety posture was not
significantly improved with the addition of a Loop Road).
According to COE officials,a successful appeal of the 2014 decision was highly unlikely, but should the Town desire
to move forward with an attempt it would emanate at the local Grapevine Lake office and follow a logical
progression through the Regional office, Fort Worth office, National Corps office,and ultimately to the Department
of the Army. The final decision rested with the Assistant Secretary of the Army for Civil Works, who is the only
individual with the authority to override existing national policy related to ESA designations.
Despite the COE's opinion on the potential for a successful appeal, on October 2, 2018, the Town Attorney
submitted by letter an official appeal of the 2014 decision. Additionally, I engaged the office of United States
Congressman Michael Burgess,who requested by letter a formal inquiry into the matter.
As a follow up to the Town's appeal and the Congressional inquiry, the Town Attorney and I again met with COE
officials in November 2018 to further the Loop Road discussion; and in particular address the COE response to
Congressman Burgess. Present at the meeting were COE officials from the Grapevine Office representing the Legal,
Real Estate, Recreation, and Environmental Divisions. Each Division official had an individual perspective on the
Loop Road,and none were in support of granting access easement for construction.
The Congressional response reiterated the COE's position that the proposed "Loop Road" was not in alignment
with established environmental policies based on the impact to the previously established ESA designation, and
was not compliant with the COE's current Road Policy and Non-Recreational Outgrant Policy.The letter referenced
three potential alternatives in seeking a compromise with the Town,as indicated below:
1. Rebuild Old King Road which was previously abandoned;
2. Construct a bridge over a narrow piece of Government property;and/or
3. Pursue a land exchange.
Discussion of the "Old King Road" alternative was undertaken and the idea soon dismissed based upon the need
for City of Southlake access and approval, a more significant impact on a previously designated ESA, and apparent
conflicts with both the Road and Non-Recreational Outgrant policies.
Discussion centered on the construction of a bridge over a narrow piece of Government property was undertaken
and the idea soon dismissed based upon previous concerns expressed by Trophy Club Country Club officials with
changes to the existing golf course, and the 90 degree angle of the roadway which would inhibit emergency
response.
Discussion centered on a possible land exchange was undertaken and the idea soon dismissed based upon the
necessity of Congressional approval for any such transaction, COE policy which necessitates any such transaction
benefit the primary COE mission (flood control), and the fact that the only potential Town property available to
exchange (Canterbury Hills adjacent the COE trail head), is not within the flood plain and consequently of no
interest to the local COE office.
Town Council Minutes February 12,2019 Page 3 of 14
In addition, the meeting with COE officials revealed other potential obstacles to the Loop Road not previously
disclosed.The main issue is the ESA designation which still remains. Discussions further confirmed that all available
routes for the Loop Road would traverse through the ESA which would continue to draw additional scrutiny from
Government officials,and in all likelihood, result in a denial.
Additional obstacles presented during the meeting included:
1. Any construction of a Loop Road would require heightened environmental approvals from not only the
COE but also the Federal Environmental Protection Agency(EPA).The COE Environmental official advised
the area in Trophy Club Park and Marshall Creek was considered a "high-value quality habitat" based on
the existence of rare "bottom land hardwoods." Because of this the Town would be required to mitigate
any damage to trees (much like the town requires developers to mitigate under Town ordinances). The
mitigation ratios the official proposed were between 6:1 and 12:1 caliper inches. These ratios mean the
Town would be required to mitigate every caliper inch of tree destroyed by the Loop Road with anywhere
between six caliper inches to 12 caliper inches.
2. The project would also require a "404 Permit" under the Clean Water Act. This Permit is granted by the
EPA and separate from any action or consideration of the COE.The "404 Permit"also requires mitigation
for fill dirt or other materials brought into clean water or wetlands, and the mitigation costs are in
addition to the COE mitigation costs for trees. Additionally, the Town would have to demonstrate the
Loop Road project met the "Least Environmentally Damaging Practical Alternative" standard before
consideration by other authorities outside the EPA.
3. Other unknown environmental issues could easily be discovered as the project progresses, and would
likely be raised by the COE, EPA,Texas Commission on Environmental Quality(TCEQ),or any other agency
with environmental or flood control jurisdiction.
In addition,COE Legal and Real Estate officials expressed the following concerns:
1. Whether the COE would entertain granting additional easements through COE property land.
2. Whether the COE would entertain granting expansion of existing easements through COE property land.
The existing Trophy Club Municipal Utility District (TCMUD) No. 1 easements are 15 feet and would
presumably require expansion to 80 feet to accommodate the Loop Road. Additionally, current
agreements in place with the MUD require "boring" for the construction of pipelines so as not to disturb
the existing ESA ecosystem. Construction of a Loop Road, whether ground level or by bridge would
presumably disturb the ESA ecosystem, and therefore would be inconsistent with the existing easement
agreements,and would certainly result in increased scrutiny and require additional levels of approval.
3. Whether granting the easement would fit with the public purpose (recreational)the COE is charged with
at Lake Grapevine.
4. Whether granting the easement would interfere with the COE purpose(flood control)at Lake Grapevine.
5. Whether conveyance of COE property for construction of a Loop Road would require Congressional
approval,or approval at a lower level.
In addition,the COE Recreation official expressed the following concern:
1. The overall effect the Loop Road would have on previously designated recreational land. Recreation areas
are highly regulated and roadway construction results in additional scrutiny and requires higher levels of
approval based on this designation.
Based upon updated projections from the Town's engineering firm,the cost of the Loop Road has risen from $5.3
million dollars in 2014 to $7.1 million dollars in 2019, and would be expected to rise to $9.5 million dollars within
Town Council Minutes February 12,2019 Page 4 of 14
five years, and $12.7 million dollars within 10 years. Issuance of a GO Bond, which would require voter approval,
would potentially result in a corresponding 2.5 to 3.5 cent increase to the Town's l&S Rate.
Engineering, construction, and finance costs aside, the Town Attorney has also made it clear from a legal
standpoint that further litigation would take an extensive effort, be protracted and expensive, and in all likelihood
would not be successful given the consistent feedback from COE officials beginning in 2014,and ending as recently
as November 2018,with the Appeal and Congressional Inquiry follow up meeting.
At this point it appears clear from every interaction with COE officials that the established multi-agency Federal
review process can and will be used to thwart any future attempt the Town makes to secure approval for the Loop
Road,and that any continued effort on the Town's part will be determined by Federal authorities to lack merit.
Council Member Lamont inquired about what it would take for the Town to purchase the land. Town Manager
Class responded that the issue was that the Corp would not sell the land but would consider a trade for Town land.
The Corp, however, made it clear that the Town did not have land adjacent to Corp property that would be of any
value to them.
Mayor Sanders commented that the only land available would be Country Club land, which would take away
driving range space.
Town Manager Class added that he spoke with Country Club representatives and anything that would disturb the
integrity of the course would be highly unlikely to receive any type of approval to use their land.
2. Receive an update regarding the Kindness Awareness Events and the 2019 March of Dimes, March for
Babies Campaign Event(Mayor Sanders and Council Member Fleury).
Council Member Fleury advised that the second annual Campaign 4 Kindness has already started off successfully
with a presentation at Byron Nelson High School and Beck Elementary School. Additional presentations would
occur at Medlin Middle School and Lakeview Elementary School. The Yellow Envelope Project was part of the
campaign, which was a traveling mailbox to be at all the schools and one mailbox would travel to different
businesses through the Town. The mailbox at the schools would allow students to write a letter to a fellow
student or school staff member to thank them or recognize something kind about that person. The first weekend
for a business to have the mailbox was at Marco's Pizza and they kindly offered 10 percent off an order if you
dropped off a letter. This coming weekend the mailbox would be at 7-Eleven and they compassionately donated
$700 to help fund the presentation held at Byron Nelson High School. Later in the month the mailbox would be at
Tom Thumb and then at Town Hall. Additionally,the Fun Run 4 Kindness would be held at 8:00 a.m. on February
23rd. Exceptional examples of kindness and education will be in attendance or have booths at the run, including
March of Dimes, the Jogging 4 Joseph group (coordinated by Xplor Preschool in memory of and supporting
awareness of Joseph Diet who passed away from Congenital Heart Defect), and Run Ranger Run advocates and
representatives with GallantFew will be in attendance to highlight the difficulties that veterans face when
transitioning home from deployment.
Mayor Sanders reiterated that March of Dimes would be at the Fun Run 4 Kindness event to allow individuals to
sign up to participate in the March for Babies event that will be held on April 13, 2019 in Fort Worth. He
encouraged residents to put together teams and to seek pledges to help raise funds for such a noteworthy case.
3. Receive Town Council Liaison update;discussion of same(T.Class):
*Parks and Recreation Board,January 21,2019
Council Liaison-Council Member Alicia L.Fleury
Council Member Fleury first recognized Police Chief Arata and the Police Department for installing the cameras at
the Dog Park. Recently there was an arrest at the Dog Park of a convicted felon who was armed,had laced candies
with THC, and was targeting Town children. This has moved onto the United States Attorney's Office as a federal
case.
Town Council Minutes February 12,2019 Page 5 of 14
Additionally, she advised that the Parks and Recreation Board discussed the following topics at their January 21,
2019 meeting:
• Pruning of the tree canopies;
• Trailhead cleanup at the end of TW King Road;
• A new swing was installed that was compliant with Americans with Disabilities regulations at the Dino
Playground;
• New disc golf signs will be ordered and installed;
• Christmas in the Park,Gingerbread House Decorating, and Goat Yoga were all successful events;
• The Board voted to rename Bobcat Trail in Trophy Club Park to Whitetail Trail and to rename the North
Linear Trail to Bobcat Trail;
• Removed the Bradford Pear trees in the medians on Trophy Lake Drive and Indian Creek Drive in order to
landscape the medians; and
• Pool season was approaching and job opportunities would be available.
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 January 8,
2019(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding the Town Council Special Session Minutes dated January 28,
2019(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
6. Consider and take appropriate action regarding the financial and variance report dated November 2018(T.
Class).
7. Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2019(T.
Class).
8. Receive Annual Racial Profiling Report(T.Class).
9. Consider and take appropriate action regarding an Election Agreement and Contract between the Town of
Trophy Club and Tarrant County Elections for administration of the Town's February 23, 2019 Special
Election;and authorize the Mayor or his designee to execute all necessary documents(T.Class).
10. Consider and take appropriate action regarding an Election Agreement and Contract between the Town of
Trophy Club and Denton County Elections for administration of the Town's February 23, 2019 Special
Election;and authorize the Mayor or his designee to execute all necessary documents(T.Class).
11. Consider and take appropriate action regarding a Joint Election Agreement and Contract between the Town
of Trophy Club and Denton County Elections for administration of the Town's May 4, 2019 General and
Special Elections;and authorize the Mayor or his designee to execute all necessary documents(T.Class).
12. Consider and take appropriate action regarding a Resolution approving the submission of a Grant
Application to participate in the U.S Justice Assistance Grant Program for the Police Department;
authorizing the Town Manager or his designee to execute all necessary documents; and providing an
effective date(T.Class).
13. Consider and take appropriate action regarding a Resolution approving the submission of a Grant
Application to participate in the Drug Interdiction and Juvenile Justice Program Grant for the Police
Department; authorizing the Town Manager or his designee to execute all necessary documents; and
providing an effective date(T.Class).
Town Council Minutes February 12, 2019 Page 6 of 14
14. Consider and take appropriate action regarding a Proclamation of the Town Council supporting the 2019
March of Dimes, March for Babies Campaign in Trophy Club; and providing an effective date (Mayor
Sanders).
Motion:
Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Lamont, to approve the Consent Agenda
Items 4 through 14.
Motion carried unanimously 5-0-0.
REGULAR SESSION
15. Consider and take appropriate action to amend Economic Development Agreements with OTD TC, LLC; and
authorize the Mayor or his designee to execute all necessary documents(T.Class).
Director of Administrative and Financial Services Phillips introduced the item. The strategic link was Administrative
& Financial Services— Exercise fiscal discipline in all Town operations. In January 2015, the Town of Trophy Club,
the Tax Increment Reinvestment Zone(TIRZ) No. 1, and Economic Development Corporation (EDC)4B entered into
a Chapter 380 agreement with Old Town Development (OTD) to build two restaurants. EDC 4B agreed to pay
$140,773.00 annually, not to exceed $1,064,278.25. TIRZ No. 1 agreed to pay $1,000,000 in reimbursements for
public improvements, plus the interest costs on those improvements. The developer for these incentives was to
obtain two executed restaurant leases within 24 months. Within 36 months, the developer was to obtain two
Certificates of Occupancy (CO) for two restaurants on the property by January 22, 2018. There have been two
extensions to the CO date to November 22, 2018 and March 22, 2019. EDC 4B has paid out a total of$569,018.32
out of the$1,064,278.25 incentive. TIRZ No. 1 has paid out a total of$751,054.74 out of the$1,000,000. The total
remaining incentive left to be paid to date is $744,205.19. Based on the current agreement, the Town forecasted
six months of operation in the fiscal year 2019 budget. EDC 4B and TIRZ No. 1 met in Joint Session on January 29,
2019, and they approved to amend the proposed CO date from December 31, 2019 to May 31, 2019. Council had
the following options:
• Approve as presented;
• Renegotiate the agreements with OTD;or
• Leave the agreements as is with a Certificate of Occupancy due date of March 22, 2019.
Mayor Sanders inquired where the funds came from to accomplish this task. Director of Administrative and
Financial Services Phillips responded that it came from two funding sources which were EDC 4B(a portion of sales
tax)and TIRZ No. 1(incremental property tax in the district).
Justin Springfield with OTD discussed their recent projects in the City of Roanoke,Town of Flower Mound, and City
of Lewisville. OTD focuses on the operator and try to bring in a destination type use. In 2014, OTD put together
the framework of a developer agreement. The first tenant they identified and sought was Bread Winners. The
property on Trophy Wood Drive was incredibly challenging due to easements,setbacks,and powerlines would only
allow construction of a building approximately 3,500 square feet. Elias Pope, Owner and Operator of HG Sply,
desired a mixed use of an indoor and outdoor experience with three restaurants, two bars, coffee shop, and
flexible meeting space. Therefore the dates established in 2014 could not have had foresight that this project
would have grown exponentially in scope, expense, and footprint. They were almost able to complete the second
restaurant but they were requesting a little extra time.
Chris Gordon with OTD spoke about the financial terms and stated that as of March 14, 2014, OTD had not asked
for additional funds to be added to the developer agreement. In 2014, they were not required an investment
amount but was only requested to meet a $2,500,000 appraised value. OTD has invested collectively in Bread
Winners and HG Sply over$12 million. They have requested for two time extensions. Between Bread Winners and
HG Sply, they would be two of the top five employers in Trophy Club with 135 to 175 part-time jobs and 45 to 55
full-time jobs. They projected four to five million in revenues per year for both sites but now project $10 to $14
million. The property tax values have gone from two million to seven million. The square footage has gone from
10,500 to over 38,000 square feet. Additionally,they were only required to bring two restaurants but instead have
brought five restaurants,and a lease term of 10 years with each restaurant but they have a 15 year term lease with
a five year option with both restaurants.
Town Council Minutes February 12, 2019 Page 7 of 14
Mr. Pope commented that his first management job was the general manager for the Saltgrass Steak House in
Grapevine for eight years, which has given him the experience needed for a hiring base. They have already hired
their leadership and chief team for this venue. To create such a dynamic space took time and the rain was the
contributing factor in not being able to meet the March 22, 2019 deadline. He had not worked with a group
before like OTD who was so passionate about the community and about his vision.
Levi Hooten with GFF Architects was present to address any questions.
Council Member Fleury asked about the building footprint starting out at approximately 3,500 square feet because
of the lot configuration and powerlines. Mr. Gordon responded that a blend was going to be about 3,500 square
feet but it now sits at over 25,000 square feet.
Mayor Sanders remarked that the EDC 4B and TIRZ No. 1 extended the agreements to May 31, 2019 and asked if
OTD would be able to make that date. Mr. Gordon responded that they would have to make that deadline. Their
goal was mid-March but there were always unknowns in construction.
Council Member Lamont commented that prior to January 8, 2019, he would have voted for this but he and
Council Member Fleury were attacked and yelled at over other areas about this. He stated that Mr. Springfield
insinuated on Facebook that he, Council Member Fleury, or Staff were leaking information. He felt that he was
trying to intimidate them to vote for this. He was entitled to have his own opinion and he would not be voting in
favor of this item. He wished them the best to get the project opened.
Council Member Jensen asked when the current contract would expire. Director of Administrative and Financial
Services Phillips responded that would expire March 22,2019.
Council Member Jensen inquired what would occur if the contract expired without an extension and who would be
liable for future payments if it was terminated. Town Attorney Dodd responded that it would be a termination of
the contract and that the Town's obligation for payments would terminate.
Council Member Fleury stated that she was not going to let comments made on Facebook have a bearing on her
vote here. Her job was to do what was best for the Town and its residents no matter what others say. She
appreciated OTD's presentation tonight and reiterated that Facebook did not determine her vote.
Council Member Jensen asked what would happen to the property if the contract terminated. Town Attorney
Dodd responded that Section 3.1.1 stated "the Developer has purchased the property" which was OTD and the
Town's obligation was to pay an amount equal to the note. If the contract expired that obligation terminated.
Council Member Jensen remarked that if this contract was voted against it would tell any other developer to stay
away. The Town should be a business friendly environment. He would definitely be voting in favor of the
extension.
Mayor Sanders commented that OTD did a good job pointing out that the original vision was not what the reality
was today. He was pleased to see a venue that would be a destination restaurant. He did not want to be at the
last minute and realize one week away that they may not have been able to meet the CO date.
Motion:
Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Jensen, to approve the amended
Economic Development Agreements with OTD TC, LLC as presented; and authorize the Mayor or his designee to
execute all necessary documents.
Town Attorney Dodd added that the Town would not own the property if the contract expired. If the CO
obligations were not met,the Town would have the right to purchase the property or require the sale of it.
Town Council Minutes February 12,2019 Page 8 of 14
Council Member Lamont commented that the Town has been business friendly because they were already given a
two year extension.
Council Member Fleury thanked Town Manager Class for bringing the March 22, 2019 CO deadline to everyone's
attention in order for appropriate action to be taken.
The vote was taken.
Motion carried 4-1-0 with Mayor Sanders, Mayor Pro Tern Shoffner, and Council Members Fleury and Jensen
voting in favor,and with Council Member Lamont voting against.
16. Case O-AMD-18-001(Attached Forward-Facing Garages)
A) Conduct a Public Hearing regarding a request to amend residential garage regulations in Sections
14.02.151(i), 14.02.152(i),14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156(h),and 14.02.159(h)of the
Trophy Club Code of Ordinances to allow for attached forward-facing garages that are in addition to the
two-car garage minimum(T.Class).
Mayor Sanders opened the public hearing at 7:59 p.m.
Town Planner Payne stated that the purpose of this item was to consider a request to amend residential garage
regulations to allow attached forward-facing garages that were in addition to the two car minimum. The strategic
link was Nature & Beautification - Maintain Town assets, services, and codes of ordinances that preserve the
natural beauty of the Town. Attached garages were currently not allowed to face the street but Council has
directed Staff to prepare an ordinance amendment to allow attached third and fourth car garages to face the
street, just as detached garages were allowed. Detached garages were allowed to face the frontage street if
setback 45 feet from the front property line and they were also allowed to face the side street if setback 35 feet
from the side property line. The proposed amendments replicate the existing detached garage restrictions so that
a homeowner had the choice to build an attached garage and protect the aesthetics, value, and functionality of
their home. If approved,all the garages in straight zoned districts would still not be allowed to face the golf course
and first and second car garages would still not be allowed to face the street. Furthermore, this proposal did not
recommend any changes to the detached car garage regulations. Additionally, the Planning and Zoning
Commission ultimately forwarded no recommendation to Council after a 3-3 vote at their January 3,2019 meeting.
She displayed a map that showed where attached forward-facing third car garages were currently allowed,
proposed to be allowed,and not allowed.
Mayor Pro Tem Shoffner inquired if all the zoning districts that were identified in yellow (proposed to be allowed)
were already currently allowed to have the detached garage. Town Planner Payne confirmed that was correct.
Mayor Pro Tem Shoffner asked if what the Council was proposing was more restrictive than what was already
currently allowed. Town Planner Payne confirmed that was correct.
Mayor Pro Tem Shoffner questioned if a detached garage with a breezeway that connected the garage and house
would be considered as either attached or detached. Director of Community Development Uzee responded that it
would be considered attached if it was within 10 feet of the primary structure.
Mayor Pro Tem Shoffner inquired if the zoning districts in yellow would be allowed to install a detached garage
with breezeway if it was within 10 feet of the primary structure. Director of Community Development Uzee
confirmed that they would not be allowed given those circumstances because it would be considered attached,
which was not currently allowed.
Mayor Sanders noted that there were a number of residents in attendance who had R-15 zoned lots. He asked
what those residents could do and not do if they wanted to build a garage today. Town Planner Payne responded
that they could build a detached garage that may or may not face the street,they could build a garage attached to
their home that faced the side of their property, they could not build a garage that faced the golf course, and they
could not have an attached garage facing the street.
Town Council Minutes February 12, 2019 Page 9 of 14
Mayor Sanders remarked that a resident brought to his attention that they thought there were original zoning
aspects of their lots that did not allow accessory structures. Town Planner Payne responded that these lots were
developed in the 1970's, which would predate the Town's incorporation, so they may have had covenants of
restrictions.
Mayor Pro Tem Shoffner researched this topic and located Ordinance No. 1987-23 that was adopted on September
21, 1987, that established R-Section 3 Single Family District Regulations, which was known as R-15 today. This
ordinance essentially established what was currently allowed and not allowed today, including allowing detached
garages.
Mayor Pro Tem Shoffner asked if a one story was allowed for an accessory structure. Town Planner Payne
responded that the maximum height for an accessory structure would be 20 feet and was not allowed to be a
habitable structure.
Ramona Deaton, 218 Fresh Meadow Drive, asked if the R-15 zoning was changed in 1987 and was no longer in
existence. Mayor Pro Tem Shoffner responded that in 1987 it was considered as R-Section 3 and was later
amended to R-15 zoning. It was the same regulations but with a different name for the zoning title. He added that
the Town was incorporated in 1985. Prior to 1987, the Town was unaware what was allowed and not allowed
according to their covenants of restrictions.
Ms. Deaton inquired about the setbacks currently allowed. Mayor Sanders responded that the building could not
be closer than six feet from their property line.
Ms. Deaton asked if she could build a three car garage going sideways all the way to 25 feet from the back
property line. Town Planner Payne responded that if it were detached then she could go up to 6 feet from the
property line.
Ms. Deaton commented that one of the reasons that residents on Seminole Drive and Fresh Meadow Drive were
appealing this item was because they wanted to keep their golf course views with no obstructions. As a realtor,
she believed that this change would affect property values. She naturally was already opposed but assumed it was
already too late if it was already allowed.
Council Member Jensen asked Ms. Deaton if she was one of the residents who sent the Council a form letter and if
so, did she still oppose the changes after the presentation tonight. Ms. Deaton responded that she did send a
letter and she still agreed that no changes should be made. She was greatly astonished that what was currently
allowed was different than what she assumed when she purchased her home in 1983. She was opposed to being
able to build a structure today up to six feet from the property line.
Council Member Jensen mentioned that one item that was discussed at the Council Retreat was to potentially have
more than one public hearing on this issue.
Discussion took place that current regulations allowed for a detached forward facing garage with the ability to go
up to six feet from the back and side property lines. The proposed change was more restrictive to allow an
attached forward-facing garage with the ability to only go up to 25 feet from the back property line and 12.5 feet
from the side property lines.
Council Member Lamont recommended possibly looking at the whole picture of attached versus detached
structures and potentially review variances instead.
Sally Tatarowicz, 217 Fresh Meadow Drive, has been a resident for 31 years and she taught at Beck Elementary
School for 13 years. She read comments for her neighbors Patricia and Ken Keefer who could not attend the
Council meeting: "We ask the Town to consider vastly more proactive and individual notification when a zoning
change will impact a property owner. This request is being made because we were alarmed and disturbed that the
zoning for our property could be changed without having us, as the owners, be individually notified that a zoning
change was under consideration. In a sense, when we purchased our property and home, we signed up to obey
Town Council Minutes February 12, 2019 Page 10 of 14
the land use terms and conditions. Because we obey the land use terms and conditions, we expect the Town to
honor its end of the governance of these terms. Re-writing rules without enough notice to property owners that
will be impacted is what needs to be addressed." Ms.Tatarowicz agreed with what was in Ms. Keefer's letter and
thanked the Council for allowing their input.
Kathy Salas, 103 Seminole Drive, heard a lot of concerns and she felt that they live in what is some of the most
beautiful property in Town. The Town was now a golf cart community and if one chooses to have a golf cart, the
golf cart is typically stored in the garage and most residents in the area only have two car garages. This puts a
vehicle being parked outside, which would be more unsightly than having things tucked away in a garage. One
thing they could consider was a detached garage, but if she built a detached garage and her neighbor built a
detached garage then they could potentially only be 12 feet apart from each other. This scenario could be the
same blockage of view of the golf course if it were an attached garage. She believed that it was much better to
allow the attached garage from a property and aesthetic value standpoint. This would guarantee 25 feet of space
between two garages that would allow for a better view. She did not want to be forced into the decision to only
being allowed to construct a detached garage and go up to six feet from the property line. Additionally, she
surveyed her neighborhood and noted that there was one front facing garage on Seminole Drive, five between
Fresh Meadow Drive and Seminole Drive where cedar fences blocked views, and there were two places where
sheds already partially blocked the view. On Inverness Drive, there was already detached single story garage that
she did not find aesthetically pleasing. The Town's needs were changing and she preferred to have things tucked
away.
Tonia Beard, 215 Fresh Meadow Drive, thanked the Council for the opportunity to provide input. She was a 20
year Town resident as well as a real estate agent. It was the unique features of the R-15 zoning that appealed to
them when they first looked for a home 20 years ago. She asked that the Council protect and preserve their
unobstructed views and the beautiful green space surrounding their homes and preserve the unique character of
their neighborhood.
Jim Carter, 1005 Roadrunner Road, Bartonville Texas, thanked the Council for their service and understood the
time and commitment they put forth. He had resided at 204 Fresh Meadow Drive for 22 years after purchasing the
home in 1981. His former wife, Jean Carter, still resided at the house. They bought the house because of the
amenities in the area. Most of the residents were concerned about front end garages because they did not want
front end garages and did not want any changes in that area.
Bill Eden, 1 Fresh Meadow Court, concurred with former Mayor Jim Carter and commented that he has served on
several board and commissions. He felt that the changes were unnecessary and should be left as is. He
recommended tabling the item.
Tiffany Nimphius, 214 Fresh Meadow Drive, provide an abridged version of her covenants of deed restrictions,
which included:
No structure shall be located on any lot between the building setback lines shown on the subdivision plats
and the street. With respect to all lots except for golf course lots no building shall be located nearer than
five feet to any interior lot line. With respect to golf course lots no building, patio, deck, terrace or any
other similar open porch or artificially surfaced area shall be located nearer than 25 feet from the rear lot
line. No nearer than 15 feet from any side or other interior lot line. Except that a garage or other
permitted accessory building located 65 feet or more from the front lot line may be located within 10 feet
of an interior lot line. No garage or other permitted accessory building on the golf course lots shall open
toward or have its main access from the direction of any lot line adjoining the golf course.
Additionally, Ms. Nimphius pointed out that her property backed up to the golf course and she would currently be
allowed to install a 25 x 25 pergola with an outdoor kitchen, which would alter the view that some residents were
concerned about.
Mayor Sanders kept the public hearing open and moved to Agenda Item 16(B).
Town Council Minutes February 12,2019 Page 11 of 14
B) Consider and take appropriate action regarding an Ordinance to amend residential garage regulations
in Sections 14.02.151(i), 14.02.152(i), 14.02.153(i), 14.02.154(i), 14.02.155(h), 14.02.156(h), and
14.02.159(h) of the Trophy Club Code of Ordinances to allow for attached forward-facing garages that
are in addition to the two-car garage minimum(T.Class).
Motion to Table:
Motion made by Council Member Jensen, seconded by Council Member Fleury, to table the item to the next
Council meeting to be held on February 26,2019.
Council Member Jensen commented that his intention was not to take action on February 26, 2019 but instead
provide additional time to digest everything that was discussed and presented tonight. This item may warrant a
Town Hall meeting.
The vote to Table the item was taken.
Motion carried unanimously 5-0-0.
Mayor Sanders thanked the residents who attended the meeting and for providing their input. He encouraged
them to visit with Staff if they had more specific questions. There could be a potential to move forward with this
item in other areas of Town and leave out R-15 zoning.
17. 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 4, 2019 for the purpose of electing one (1) Councilmember to
Place No. 5 and one (1)Councilmember to Place No. 6 on the Trophy Club Town Council,each for a term of
three(3)years respectively; providing for canvassing of returns;providing for a runoff election as necessary;
adopting provisions relative to publication and other matters necessary to conduct the election; and
providing an effective date(T.Class).
Town Secretary Fimbres advised that this item was for the calling of the May 4, 2019 General Election for the
purpose of electing a Council Member to Place No.5 and Place No. 6.
Motion:
Motion made by Council Member Jensen, seconded by Council Member Lamont, to approve Ordinance No. 2019-
04, ordering and calling a General Election to be held on May 4, 2019 for the purpose of electing one (1)
Councilmember to Place No. 5 and one (1) Councilmember to Place No. 6 on the Trophy Club Town Council, each
for a term of three (3) years respectively; providing for canvassing of returns; providing for a runoff election as
necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and
providing an effective date of February 12,2019.
Motion carried unanimously 5-0-0.
18. Discussion of and provide direction regarding Town legislative priorities for State Representative Tan Parker
to sponsor(Mayor Sanders).
Mayor Sanders commented that an email from the TCMUD No. 1 General Manager relative to a bill that was being
reviewed by the State Legislature. There was a proposed agreement with the Town of Westlake and TCMUD No. 1
specific to agreement to de-annexation a portion of property and some financial changes. At this point they have
not included the Town but he wanted to bring it up in case the Council wanted to provide direction to the Town
Manager.
Mayor Pro Tem Shoffner remarked that there should be a provision to allow the purchase of emergency
equipment utilizing hotel occupancy tax (HOT) funds. HOT funds were geared towards heads in beds, with that
should be some leverage to protect those heads in beds,such as with the ability to purchase a new ambulance.
Town Manager Class advised that at the direction of the Mayor, Staff reached out to a number of municipalities
and have not found any that were interested in pursuing this issue. Based on conversations, it appeared most
were focusing their efforts on the Revenue Cap proposal as a priority.
Town Council Minutes February 12,2019 Page 12 of 14
Mayor Sanders received consensus to try to get State Representative Parker to address the expansion of allowed
uses of HOT funds as mentioned by Mayor Pro Tern Shoffner.
19. Discussion of items for Future Agendas to include agenda items for consideration on the February 26, 2019
Council agenda and items from the Town Council Future Agenda Items list(T.Class).
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. 7 from the Future Agenda Items list: Discussion of and possible action regarding restricting
Short Term Rentals. (Lamont 9/11/2018)(1-February 12,2019)
Town Attorney Dodd provided an update specific to the City of Austin's case. The Court of Appeals switched the
panel from three judges to another three judges and the City of Austin changed attorneys.
Regarding future Council Agendas, the Mayor reiterated that it may be appropriate to have a Town Hall meeting
specific to the item presented tonight for attached forward-facing garages, as suggested by Council Member
Jensen.
EXECUTIVE SESSION
20. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act),the Council convened 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) Cause No. 18-9681-158 Town of Trophy Club v. Michael T.Slye(T.Class)
2) Sign Ordinance(T.Class)
3) Conflict of Interest Disclosure Forms(Mayor Sanders)
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:
1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tern
Shoffner and Council Member Kurtz)
2) North of State Highway 114,west of Trophy Club Drive(T.Class)
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) Council Finance Subcommittee(Mayor Sanders)
3) Organized Sports Council Subcommittee(Mayor Sanders)
Town Council Minutes February 12,2019 Page 13 of 14
CONVENED INTO EXECUTIVE SESSION-START TIME—8:57 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:46 P.M.
RECONVENED INTO REGULAR SESSION
21. Consider and take appropriate action regarding repealing Resolution No. 2018-19 and adopting a new
Resolution appointing a Council Member to serve as the Council Liaison to the Economic Development
Corporation 4B;reaffirming existing appointments;and providing an effective date(Mayor Sanders).
Motion:
Motion made by Council Member Lamont,seconded by Mayor Pro Tern Shoffner,to repeal Resolution No.2018-19
and approve Resolution No. 2019-02, appointing Council Member Jensen to serve as the Council Liaison to the
Economic Development Corporation 4B; reaffirming existing appointments in Places 1 through 7; and providing
and effective date of February 12,2019.
Motion carried unanimously 5-0-0.
22. Consider and take appropriate action regarding appointing a Council Member to a vacant position on the
Council Subcommittee formed for the purpose of providing fiduciary oversight of the budget, as well as
providing input regarding the administration of the budget and the budget process(Mayor Sanders).
Motion:
Motion made by Council Member Lamont, seconded by Council Member Jensen, to appoint Mayor Pro Tern
Shoffner to the vacant position on the Council Finance Subcommittee; and reaffirm the existing appointments of
Mayor Sanders and Council Member Jensen.
Motion carried unanimously 5-0-0.
23. Consider and take appropriate action regarding appointing a Council Member to a vacant position on the
Organized Sports Council Subcommittee(Mayor Sanders).
No action was taken on this item.
24. Consider and take appropriate action regarding the Executive Session(T.Class).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 9:48 p.m.
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Holly Fimbres, own Secretar �'S_
yC� C. Nick Sanders, Mayor
Town of Tro= y Club,Texa Q (ice Town of Trophy Club,Texas
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Town Council Minutes February 12, 2019 Page 14 of 14