Minutes TC 02/26/2019 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,FEBRUARY 26,2019,7:00 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 26, 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 Tern, Place 6
Alicia L. Fleury Council Member, Place 1
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 Mike Pastor Information Technology Manager
David Dodd Town Attorney Lisa Payne Town Planner
Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative&Financial Services
Patrick Arata Police Chief Tommy Uzee Director of Community Development
Wade Carroll Fire Chief Steve Woodard Police Captain
Tony Jaramillo Director of Parks and Recreation Steve Zieverink Information Technology Specialist
Mayor Sanders announced the date of Tuesday, February 26, 2019, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Fire Chief Carroll.
The Pledges to the American Flag and Texas Flag were led by Council Member Lamont.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s)of your statement. Topics of presentation should be limited to matters over which the Council has authority.
Pat Keefer, 216 Fresh Meadow Drive,thanked Mayor Sanders for meeting with her to discuss the R-15 zoning and
garage regulations. Much discussion has occurred regarding Agenda Item No. 15 specific to attached forward-
facing garages, beyond that she would appreciate the Council's help in recalling detached forward-facing garages
that was already part of the R-15 zoning that consisted of Fresh Meadow Drive, Seminole Drive, and Gentry Court.
She advised that currently there were no detached forward-facing garages, but they had two attached forward-
facing garages in their neighborhood. Through this process they have learned that Section 14.02.151 (i) stated
"Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply
with Section 14.02.253,Accessory Structures and Uses." She noted that there was somewhat of a conflict because
within Section 14.02.253 it mentioned forward-facing garages as being allowed. The majority of her neighbors
asked to keep the current neighborhood design aesthetic and therefore they would appreciate it if detached
garages were also prohibited from the R-15 zoning areas. They understood that there was a notification process
and that the Council could not take action on this matter at this meeting. One of the key elements of their R-15
zoned neighborhood was that two-thirds of their lots abutted the golf course. Even though there were houses on
these lots, there was quite a bit of green space surrounding them. The majority of her neighbors have asked to
keep the neighborhood design aesthetic that they have today. They asked for the Council's assistance to preserve
this green space. She felt that subsection 4, Location, of Section 14.02.253,Accessory structures and uses,was left
up to interpretation when it stated "There shall be no accessory structures located in any front yard or side yards,
with the exception of a flagpole and signs, as defined by this division." She suggested adding zoning specifications
for side yards to define them in order to keep the green space. Snowmass Village in Colorado adopted a ridgeline
view protection land use ordinance, which could possibly be used here to preserve their green space. She
understood that there was a notification process involved with this and that there could be no action tonight but
she would appreciate future consideration.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class'update and provide input regarding the following(T.Class):
• February 23, 2019 Special Election —Council was scheduled to canvass the returns of the February 23rd
Special Election for Council Member Place No. 2 at 9:00 a.m. on March 5th. The filing period for place on
the May 4th Special Election ballot for Council Member Place No. 3 would conclude at 5 p.m. on March
4th.
• March 2019 Meeting Dates—The regularly scheduled Council meeting on March 12th had been canceled
and the next regularly scheduled Council meeting would be held on March 26th at 7:00 p.m. and a
Workshop Session at 6:00 p.m.
• Emergency Preparedness Summit—Staff was coordinating with Congressman Michael Burgess to host an
Emergency Preparedness Summit and Fair at Trophy Club Town Hall on Saturday, March 23rd, from 8:00
a.m.to 12:00 p.m. The event would include outdoor exhibits and indoor booths, presentations, and panel
discussions. This event would provide residents the opportunity to learn more about public servants and
how they prepare for natural and manmade disasters.
2. Receive an update regarding the Campaign 4 Kindness Events(Mayor Sanders and Council Member Fleury).
Council Member Fleury advised that the second annual Campaign 4 Kindness had started off successfully with a
presentation at Byron Nelson High School, Beck Elementary School,and Medlin Middle School. A presentation was
scheduled to occur at Lakeview Elementary School on February 28, 2019. The Yellow Envelope Project was part of
the campaign, which included one mailbox traveling to each school and one mailbox traveling to different
businesses throughout 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 mailbox had
already traveled to Marco's Pizza and 7-Eleven and was now at Tom Thumb. The last stop would be at Trophy Club
Town Hall. Additionally,the Fun Run 4 Kindness was held on February 23, 2019 and offered a kickoff event for the
March for Babies challenge that would occur on April 13, 2019. Exceptional examples of kindness and education
were in attendance at the Fun Run 4 Kindness, which included 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 to highlight the difficulties that veterans faced
when transitioning home from deployment.
3. Receive Town Council Liaison update;discussion of same(T.Class):
*Animal Shelter Advisory Board,February 25,2019
Council Liaison-Mayor Pro Tem Philip Shoffner
Mayor Pro Tern Shoffner advised that the Animal Shelter Advisory Board recommended that Dr. Rachel Speed and
the Trophy Club Animal Hospital be designated as the primary care physician of the Animal Shelter. Also, the
Board would be making the recommendation to the Council to establish an adoption fee, which would serve as a
deposit and would be returned once the adopted animal was vaccinated and spayed/neutered. The newly
implemented Register Rover has been successful,which offered assistance to residents in returning their lost pets.
Every police officer has access to the database and this information assists with quicker returns of pets to their
owners. The registration was free of charge and could be done online.
Town Council Minutes February 26,2019 Page 2 of 7
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 Retreat Minutes dated January 19, 2019.
(Town Secretary Note:Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated February
12,2019. (Town Secretary Note:Approved as presented in the Town Council agenda packet)
6. Case TUP-19-001(PD-30 Retail Construction Trailer)
Consider and take appropriate action regarding a request for a Temporary Use Permit to allow a
construction trailer on the PD-30 retail property, generally located on the northeast corner of Trophy Club
Drive and SH 114(T.Class).
7. Case TUP-19-002(PD-30 Multifamily Construction Trailer)
Consider and take appropriate action regarding a request for a Temporary Use Permit to allow a
construction trailer on the PD-30 multifamily property, generally located east of Trophy Club Drive and
approximately 800 feet north of SH 114(T.Class).
8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing March 30,
2019,as Arbor Day in Trophy Club;and providing an effective date(T.Class).
9. Consider and take appropriate action regarding dissolving the Organized Sports Council Subcommittee
(Mayor Sanders).
10. Consider and take appropriate action regarding suspending the Design Cost Proposal between the Town of
Trophy Club and Muckleroy & Falls for the engineering and design of the Trophy Club Parking Garage
project;and authorizing the Mayor or his designee to execute all necessary documents(T.Class).
11. Consider and take appropriate action regarding a Requisition Request for procurement of repainting the
Town's Splash Pad surface and replacing the expansion joints at the Competition Pool and Splash Pad (T.
Class).
Motion:
Motion made by Council Member Jensen, seconded by Mayor Pro Tern Shoffner, to approve the Consent Agenda
Items 4 through 11.
Motion carried unanimously 5-0-0.
REGULAR SESSION
12. Consider and take appropriate action regarding a Proclamation of the Town Council supporting March 8,
2019 as Trophy Club Rotary Club Day in Trophy Club;and providing an effective date(Mayor Sanders).
Council Member Jensen read the proclamation into the record.
Motion:
Motion made by Council Member Jensen, seconded by Mayor Sanders, to approve Proclamation No. 2019-05,
supporting March 8, 2019 as Trophy Club Rotary Club Day in Trophy Club; and providing an effective date of
February 26, 2019.
Motion carried unanimously 5-0-0.
Bruce Dale announced that the Trophy Club Rotary Club would have their first meeting at Holiday Inn on March 8,
2019 at 8:00 a.m. They currently had approximately 40 members and hoped to have 50 members by the time they
received their Charter in mid-April. Additionally, he thanked the Council for their support.
Town Council Minutes February 26, 2019 Page 3 of 7
13. Case PD-AMD-19-001(HG Sply Co.Sign Package)
A) Conduct a Public Hearing regarding a request to amend Ordinance No. 2017-08 P&Z, Planned
Development District No. 25, in order to provide a sign package for the HG Sply Co. building,generally
located on the northwest corner of SH 114 and Trophy Wood Drive(T.Class).
Mayor Sanders opened the public hearing at 7:20 p.m.
Town Planner Payne stated that the purpose of this item was to consider a request to amend PD-25 by adding the
HG Sply sign package. She advised that no changes were proposed to the PD-25 development standards. The
strategic link was Infrastructure & Development — Foster a business-friendly environment. Seven signs were
proposed consisting of projecting, roof, exposed neon, and painted on signs. This request was similar to the sign
package that was approved for Bread Winners. She displayed exhibits of each proposed sign and their locations.
Sign A was a wall sign and Sign B was a projecting sign for Mudsmith, both were maroon aluminum that used
yellow exposed neon. Sign C would serve as the main HG Sply Co. sign that would be located on the edge of the
roof and would consist of red aluminum channel letters that would have white exposed neon. Signs D and E would
be on either side of the wooden wall in the rear portion of the building that would advertise HG Sply Co.and would
be applied directly to the building with black paint. Sign F was a mural that would be painted directly onto the wall
on the west side of the building in a brown sepia-toned paint. Sign G would be painted directly onto the wall on
the west side of the building with a black background and a white HG Sply logo. Additionally, the Planning and
Zoning (P&Z) Commission considered this item at their February 7, 2019 meeting and recommended approval as
submitted and Staff recommended approval of the request.
Chris Gordon with OTD and Dan Holzschuh with Landmark Sign Co.were available for questions.
Mayor Sanders closed the public hearing at 7:22 p.m.
B) Consider and take appropriate action regarding a request to amend Ordinance No. 2017-08 P&Z,
Planned Development District No. 25, in order to provide a sign package for the HG Sply Co. building,
generally located on the northwest corner of SH 114 and Trophy Wood Drive(T.Class).
Motion:
Motion made by Council Member Jensen,seconded by Council Member Fleury,to approve Ordinance No.2019-06
P&Z as presented, amending Ordinance No. 2017-08 P&Z, Planned Development District No. 25, in order to
provide a sign package for the HG Sply Co. building, generally located on the northwest corner of SH 114 and
Trophy Wood Drive.
Mayor Pro Tem Shoffner inquired if Section 3.09.011, Maintenance, and Section 3.09.13, Enforcement procedure,
within the Town's Code of Ordinances would apply to any sign that potentially would become in disrepair or faded,
which would require the sign to be brought back to proper standards. Director of Community Development Uzee
confirmed that was correct and would include the painted on signs.
The vote was taken.
Motion carried unanimously 5-0-0.
14. Case O-AMD-19-001(Community Garage Sale Process)
A) Conduct a Public Hearing regarding a request to remove Sections 14.02.251(a)(1), 14.02.251(a)(10),and
14.02.251(d) of the Temporary Use regulations within the Trophy Club Code of Ordinances to transfer
approval authority of community garage sales from the Planning and Zoning Commission and Town
Council to the Special Events Committee(T.Class).
Mayor Sanders opened the public hearing at 7:25 p.m.
Town Council Minutes February 26,2019 Page 4 of 7
Town Planner Payne stated that the purpose of this item was to consider transferring approval authority from the
P&Z Commission and Council to the Special Event Review Committee for the annual community garage sales. The
strategic link was Infrastructure & Development — Foster a business-friendly environment. Historically, two
community garage sales were held each year and were required to obtain a temporary use permit approved by the
P&Z Commission and Council. Currently other special events were approved through the Special Event Review
Committee. This request proposed that all oversight of the community garage sales were moved to the Special
Event Review Committee in an effort to process all events in the same manner and to ensure that Staff could
prepare for all events held and avoid any miscommunication. At the January 8, 2019 Council meeting, an
amendment was approved to Article 1.09, Special Events, of the Code of Ordinances to remove the requirement
for the P&Z Commission's and Council's approval of community garage sales giving authority to the Special Event
Review Committee. The P&Z Commission considered this item at their February 7, 2019 meeting and unanimously
voted to table this item to allow Staff to further research the appeal process. Staff has confirmed that the
decisions made by the Special Events Coordinator may be appealed to the Town Manager whose decision was
final. Appeals of time limit restrictions, such as length and frequency of the event would be directly appealed to
the Council. Due to the P&Z Commission tabling the item, no action could be taken tonight but the public hearing
was required to be opened. This item would return to the P&Z Commission on March 7, 2019 and would return to
the Council on March 26, 2019.
Mayor Sanders suspended the public hearing to the March 26, 2019 Council meeting.
B) Discussion of a request to remove Sections 14.02.251(a)(1), 14.02.251(a)(10), and 14.02.251(d) of the
Temporary Use regulations within the Trophy Club Code of Ordinances to transfer approval authority of
community garage sales from the Planning and Zoning Commission and Town Council to the Special
Events Committee(T.Class).
Mayor Pro Tem Shoffner inquired what specifically would come before the Council and Town Manager if an event
was denied by the Special Events Committee. Town Planner Payne responded that if the Special Events
Coordinator denied an event then the applicant had the ability within five days to submit a written appeal to the
Town Manager. The Council would only hear appeals related to time limit restrictions, such as length and
frequency of the event.
Mayor Pro Tem Shoffner recommended that an additional appeal process be implemented for appeals that were
denied by the Town Manager to automatically come before the Council.
Council Member Jensen was not in favor of implementing an additional appeal process if the Town Manager
denied an appeal. If there was a need that was raised, he would prefer to use the mechanism that the Council
currently had, which was the ability to add items to Council agendas for consideration. He inquired from the Town
Attorney if that was suitable given it was a zoning issue. Town Attorney Dodd responded that the mechanism to
place an item on a Council agenda was not established in the Zoning Ordinance because that would change the
notification process.
Mayor Sanders supported Council Member Jensen's suggestion to leave the last point of appeal with the Town
Manager because it appeared to be more of an administrative task. Past issues were ensuring that citizens were
safe and the appropriate personnel were present for each event.
Council Member Lamont agreed with Council Member Jensen and Mayor Sanders.
No action was taken on this item.
Town Council Minutes February 26,2019 Page 5 of 7
15. Tabled Agenda Item-Case O-AMD-18-001(Attached Forward-Facing Garages)
A) Continue 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 continued the public hearing from the February 12, 2019 Council meeting.
Mayor Sanders stated that on Monday, February 25, 2019, he met with two residents of the R-15 zoning area
along with Town Manager Class, Town Planner Payne, and Director of Community Development Uzee about the
concerns with changes to the R-15 zoning and front facing garages. He recommended that the Council make no
changes to the R-15 zoning area. The report from citizen representatives was that the majority of the residents
would be satisfied if the Council did nothing with this agenda item. From his viewpoint, he was not in favor of
making any of the discussed and proposed changes to the Code of Ordinances as related to garage regulations. He
expressed his gratitude to Staff for diligently working to help everyone understand the complexity of this item.
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 Postpone Indefinitely:
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Shoffner, to postpone indefinitely Agenda Item No.
15,Case O-AMD-18-001(Attached Forward-Facing Garages), and close the public hearing.
Mayor Sanders explained to the audience that the motion on the floor closed the debate and in essence moved
the Council past this agenda item;therefore no changes would be made to any of the zoning areas.
Mayor Sanders asked if any of the residents who signed up to speak wanted to address the Council.
Steve Mundt, 124 Seminole Drive, stated that he has lived in Town for almost 28 years and he agreed with the
motion on the floor.
Jim Carter, 1005 Roadrunner Road, Bartonville Texas, thanked the Council for their services that they rendered to
the residents and agreed with the comments made by Mayor Sanders.
(Town Secretary Note: The following individuals had filled out a Speaker Request form but they chose not to
speak: Pat Keefer;Wes Parnell; Bill Eden;and Tiffany Nimphius.)
The vote was taken.
Motion carried unanimously 5-0-0.
Mayor Sanders commented that if Council desired, they had the ability to add to the Town Council Future Agenda
Items list possible ways to allow certain exceptions for accessory structures rather than through a zoning change.
16. Discussion of items for Future Agendas to include agenda items for consideration on the March 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.
Town Council Minutes February 26,2019 Page 6 of 7
Mayor Sanders requested to remove Item No. 5 from the Town Council Future Agenda Items list: Discussion of and
take appropriate action regarding amending the Town's sign ordinance. (Lamont 7/24/2018) (1-October 23, 2018)
(2-November 13,2018)(3-February 12,2019) (4-May 14, 2019).
EXECUTIVE SESSION
17. 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) 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 Tem
Shoffner and Council Member Kurtz)
2) North of State Highway 114,west of Trophy Club Drive(T.Class)
CONVENED INTO EXECUTIVE SESSION-START TIME—7:43 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—8:09 P.M.
RECONVENED INTO REGULAR SESSION
18. 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 8:09 p.m.
Holly Fimt: ,Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club,Texas $� "/' �G Town of Trophy Club,Texas
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Town Council Minutes February 26,2019 Page 7 of 7