Minutes TC 07/23/2019 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,JULY 23,2019,7:00 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, July 23, 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
Eric Jensen Mayor Pro Tem, Place 2
Alicia L. Fleury Council Member, Place 1 participated remotely using video conferencing through Skype
Sean Bone Council Member, Place 3
Michael Geraci Council Member, Place 5
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Wade Carroll Interim Town Manager Tony Jaramillo Director of Parks and Recreation
David Dodd Town Attorney Jill Lind Communications and Marketing Manager
Eric Ransleben Municipal Court Judge Timothy McCoy Police Officer
Holly Fimbres Town Secretary/RMO Mike Pastor Information Technology Manager
Patrick Arata Police Chief Lisa Payne Town Planner
Kevin Arrington Firefighter/EMT-P Brian Peters Firefighter/EMT-P
Shane Beck Fire Captain/EMS Coordinator Eric Sampson Firefighter/EMT-P
Greg Boos Fire Driver/Engineer Brad Teel Firefighter/EMT-P
Gary Cochran Interim Fire Chief Tommy Uzee Director of Community Development
Cheryl Davenport Interim Director of Finance Steve Woodard Police Captain
Brad Fortune Firefighter/EMT-P
Mayor Sanders announced the date of Tuesday,July 23, 2019, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Director of Parks and Recreation Jaramillo.
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tern 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.
Kim Osowsky, 315 McKenzie Drive, requested the Council to review accepting crushed granite as an allowable
parking surface for residential areas. She installed a parking pad of crushed granite because their family has three
vehicles and they only have a single width driveway, which was a code violation since it was not concrete. She
believed that concrete was a cost prohibited material to extend a driveway. Numerous reasons to accept
alternative parking surfaces, such as crushed granite or gravel, were because they were environmentally friendly
and permeable, durable and low maintenance, as well as cost effective since granite was one-half the cost of
installing concrete. She preferred to see more natural alternatives for parking surfaces to help meet the needs of
residents and to maintain the beauty of the Town of Trophy Club.
RECOGNITION
1. Consider and take appropriate action regarding a Resolution recognizing former Council Member Tim Kurtz
for his service to the Town of Trophy Club and remarks to and from former Council Member Tim Kurtz
(Mayor Sanders).
Mayor Pro Tern Jensen read the resolution into the record.
Motion:
Motion made by Mayor Pro Tern Jensen, seconded by Council Member Bone,to approve Resolution No. 2019-15,
recognizing former Council Member Tim Kurtz for his service to the Town of Trophy Club.
Motion carried unanimously 6-0-0.
Tim Kurtz expressed his gratitude to have been able to serve the Town in his prior capacity as a Council Member
because it was a great experience for him. He apologized that his business expansion took off so quickly, which
caused him to need to leave the Council, but he applauded all that the Town was doing and could not be happier
to live in this great community.
Mayor Sanders stated it was an honor to have served with Tim. He thanked Tim for his dedication and time,
especially during the development stages of PD 30.
Council Member Shoffner commented that Tim used to pack dinner for his first few Council meetings due to the
late nights. The prior Council had himself, the researcher, Council Member Rowe, who was brilliant, while Tim
kept quiet, but when he spoke, everyone listened. He appreciated all Tim's help with the new Town Hall building
and the different developments throughout Town.
Mayor Pro Tem Jensen recalled when Tim was encouraged to run for Town Council. He commented on how
pleased he was that Tim was elected because he provided an abundance of business insight that the Town needed.
Council Member Bone expressed his pleasure of serving with Tim during the joint meetings between the Council
and the Economic Development Corporation (EDC) 4B. He thanked Tim for his service and echoed Council
Member Shoffner's comment that when Tim spoke,everyone listened.
Council Member Fleury stated that Tim was the first person she had met on Council and she was glad to have been
able to serve with him. She expressed how sorry she was to see him leave and wished him the best in his future
endeavors.
Mayor Sanders presented Tim with the resolution,a plaque,and his nameplate from the dais.
ANNOUNCEMENTS AND REPORTS
2. Receive Interim Town Manager Carroll's update and provide input regarding the following(W.Carroll):
• July 4th Celebration — A special thank you was given to the volunteers and each department for an
amazing job. Staff has begun working on next year's celebration and making the event a tradition of pride
and excellence for Trophy Club.
• Volunteers Appreciation Reception—The upcoming reception would be held on Thursday,July 25, 2019,
from 6:00 p.m.to 8:00 p.m.,at the Trophy Club Country Club to honor the Town's volunteers.
3. Badge pinning ceremony for newly hired Police Officers and Firefighters(W.Carroll).
Police Chief Arata provided opening remarks and stated the badge was the most visible symbol to the community,
with this representing who the police officers and firefighters were and served as a symbol of protection.
Police Chief Arata introduced Police Officer Timothy McCoy.
Town Council Minutes July 23,2019 Page 2 of 13
Interim Fire Chief Cochran gave a summary of the probationary timeframe for firefighters and introduced
Firefighter Brad Fortune, Firefighter Brad Teel,and Firefighter Kevin Arrington.
Municipal Court Judge Ransleben administered the Oath of Office to Police Officer McCoy, Firefighter Fortune,
Firefighter Teel,and Firefighter Arrington.
Police Officer McCoy was pinned by his girlfriend,Jessica.
Firefighter Fortune was pinned by his father, Danny.
Firefighter Teel was pinned by his daughters, Harley and Hayden.
Firefighter Arrington was pinned by his wife,Crystal.
Mayor Sanders reopened Citizen Presentations and called upon Sue Tejml, former Mayor of the Town of Copper
Canyon,to speak.
Ms. Tejml, 835 Orchid Hill Lane, Copper Canyon,Texas, gave a brief summary of the services that the Denco Area
9-1-1 District offered. They receive approximately 1,000 calls per day, answer 95 percent of the calls within 10
seconds,and contact a dispatcher within the first minute. The worst time for an individual was during a call to 9-1-
1 for an emergency. Denco 9-1-1 has developed and implemented texting abilities and they were providing some
of the most outstanding service in the State. They have recently built a hardened facility that could withstand a
tornado, etc., and their new facility could take in two call centers, if there was an event, and could immediately
begin receiving calls from their areas. One important feature was that a 9-1-1 call taker could send out a layout of
a building, such as for calls dealing with a school active shooter. They were reviewing the ability to automatically
lock all doors when an active shooter alarm sounded in order to further help save lives because no child has been
killed behind a locked door. Lastly, she advised this was her sixth year on the Board of Directors and she was
seeking to serve another term. She would appreciate the Council's support by casting their vote for her through
Agenda Item No.20.
4. Receive Town Council Liaison update;discussion of same(W.Carroll):
*Economic Development Corporation 4B,June 26,2019
Council Liaison-Council Member Sean Bone
Council Member Bone advised that he was unable to attend the June 26, 2019 EDC 4B meeting. The main item
that they considered was the EDC 4B Budget for Fiscal Year 2020, which was approved. The big ticket item for
Fiscal Year 2019 was the incentive payout for Bread Winners, which saved over $100,000. This dropped the fund
balance to$286,000 for Fiscal Year 2019, but the projected fund balance by the end of Fiscal Year 2020 was up to
almost$500,000.
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.
5. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated June 25,
2019(W.Carroll). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
6. Consider and take appropriate action regarding designating an Acting Town Manager in compliance with
Section 4.06,Acting Town Manager,of the Trophy Club Town Charter(W.Carroll).
7. Consider and take appropriate action regarding a Requisition Request for procurement of digital signage;
and authorizing the Mayor or his designee to execute all necessary documents(W.Carroll).
8. Consider and take appropriate action regarding the financial and variance report dated April 2019 (W.
Carroll).
Town Council Minutes July 23,2019 Page 3 of 13
9. Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection
between the Town and Denton County for Tax Year 2019; and authorizing the Mayor or his designee to
execute all necessary documents(W.Carroll).
10. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between
the Town and Denton County for the Trophy Club Public Improvement District No. 1 for Tax Year 2019
(Infrastructure Assessment); and authorizing the Mayor or his designee to execute all necessary documents
(W.Carroll).
11. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between
the Town and Denton County for the Trophy Club Public Improvement District No. 1 for Tax Year 2019
(Emergency Services Assessment - Fire Service); and authorizing the Mayor or his designee to execute all
necessary documents(W.Carroll).
12. Consider and take appropriate action regarding an Ordinance amending Section 2.04.001, Creation;
organization, of the Town of Trophy Club Code of Ordinances approving the naming of the Trophy Club
Animal Control Officer as a permanent member of the Animal Shelter Advisory Board; and providing an
effective date(W.Carroll).
Council Member Geraci requested to remove Item No.7 from the Consent Agenda.
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Bone, to approve the Consent Agenda
Items No.5, No.6,and No.8 through No. 12.
Motion carried unanimously 6-0-0.
REGULAR SESSION
7. Consider and take appropriate action regarding a Requisition Request for procurement of digital signage;
and authorizing the Mayor or his designee to execute all necessary documents(W.Carroll).
Council Member Geraci thanked Staff for diligently working on evaluating the signs and the ability to utilize hotel
occupancy tax(HOT)funds. He wanted to emphasize to those that used the Town's marquees that there would be
a few extra steps involved in order to meet legislative guidelines since the Town was utilizing HOT funds.
Interim Town Manager Carroll reported that there were no postings in the last year that could not be posted in the
future. The standard operating procedures that the Town has put in place met State requirements and allowed
the opportunities to weigh each request for posting.
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Bone,to approve the Requisition Request
for procurement of digital signage, and authorizing the Mayor or his designee to execute all necessary documents.
Motion carried unanimously 6-0-0.
13. Receive a presentation from the Trophy Club Rotary Club;discussion of same(Mayor Sanders).
Bruce Dale provided a brief presentation of the establishment of the Trophy Club Rotary Club. On April 16,2019,a
Charter was received through Rotary International,declaring this a legal Rotary Club. To date there were 43 active
members, with this being larger than the Metroport, Southlake, and Colleyville Rotary Clubs. They meet every
Friday at 8:00 a.m. at the Holiday Inn and have a motivational speaker. Their motto was "Service above Self" and
they fully intended to fulfill that commitment within the Town.
Town Council Minutes July 23,2019 Page 4 of 13
Darin Davis stated that this Club continues to provide worthwhile service projects as there were a large number of
residents that love the Town and want to give back with nothing in return. The Club has been involved in several
service projects, including Metroport Meals on Wheels. This particular project provides for home-bound
individuals that are in need of help and ensuring they are keeping cool and hydrated in the summer heat. There
are plenty of Town residents with needs and they have asked the Police and Fire Departments to notify them if
they identify such individuals within the Town. They assisted in the planting of flags for the 4th of July event and
helped with the entry for the parade. An upcoming event would be a Rotary sponsored Health Fair scheduled on
September 7, 2019, which would include medical assessments at no charge to the public. There would also be a
Fall event entitled "Front Door Trophy Club"that would involve beautification efforts on right-of-ways throughout
Town. Additionally,he extended an invitation to the Council and public to attend their weekly meetings.
No action was taken on this item.
14. Case RP-19-001(Section 1,Lots 12R-1&12R-2)
A) Conduct a Public Hearing regarding a request for a replat for the purpose of splitting one residential lot
into two residential lots containing approximately 0.567 acres of land and generally located on the
northeast corner of Palmetto Court and Oakmont Drive(W.Carroll).
Mayor Sanders opened the public hearing at 7:42 p.m.
Town Planner Payne stated the purpose of this item was to consider the approval of a residential replat to split one
lot into two lots. The strategic link was Nature & Beautification - Maintain Town assets, services, and codes of
ordinances that preserve the natural beauty of the Town. The proposal for the replat was on a one-half acre
property on the northeast corner of Palmetto Court and Oakmont Drive being zoned R-10 Single-Family District.
The zoning designation has a minimum lot size of 10,000 square feet and this requirement has been met for the
two proposed lots. Both lots meet the minimum front and rear setback of 25 feet, side setback of 5 feet, the 80
feet minimum lot width (measured at the front building line), and the minimum lot depth of 100 feet (measured
from the front property line). Easements for drainage and utilities have been created or increased due to notes on
the final plat requiring certain sized easements on certain property lines. Notice of public hearings was distributed
and six Palmetto Court residents spoke at the June 27, 2019 Planning and Zoning (P&Z) Commission meeting.
Their concerns were possible decreased property values and enforcement of subdivision's Covenants and
Restrictions. Residents provided a petition to Staff in protest of the request to replat before the P&Z Commission
meeting, which included signatures from owners of at least 20 percent of the property that lies within 200 feet of
the subject property. A super majority vote by the P&Z Commission was required to be approved, which meant
that seventy-five percent of the P&Z Commission had to vote in favor of the replat to be approved. A super
majority vote by Council was also required in order to be approved, requiring five out of the six Council Members
to vote in favor of the replat, if this was to be approved. On June 27, 2019, the P&Z Commission unanimously
approved the replat. The replat conformed to State law and the Town's Subdivision Regulations and Zoning
Requirements. Additionally,Staff recommended approval of the replat.
Brian Denby, applicant, stated that he has resided at 1 Palmetto Court for almost 32 years. The requirements of
the replat have been met and he has been working on this project for about 10 years. The new house would face
Oakmont Drive so that he could take advantage of the beautiful view of the golf course. He would construct a
beautiful home and he wished to retire in this community. There has been some push back from the community,
but he has a unique shaped lot that allowed him the opportunity to build a new home.
Jackie Gray, 9 Palmetto Court, stated that she has resided in her home for almost three years. She and her
husband found this section of Trophy Club with one-half acre lots,which was difficult to find, especially with a golf
course view. Their area of Town offered beautiful walking areas and she felt it was important to preserve the
beauty of this street. She loved this Town and would hate to see this part of Trophy Club go away with one-half
acre lots on the golf course.
Town Council Minutes July 23,2019 Page 5 of 13
Kristen Drummond, 4 Palmetto Court, moved here four years ago from Houston and had done extensive research
for six months of the DFW area before falling in love with Trophy Club. The value of this street was tangible and
intangible with its wide cul-de-sac street, large lots,and unique style homes. She said an appraisal in this area was
difficult since it was hard to find comps for this section of Trophy Club because of its uniqueness. She felt that if
lots began to be chopped up, this would decrease the value of surrounding lots, which would become a huge
problem. The Covenants and Restrictions for Sections 1 and 2, specifically state in Section 13,that no golf course
lot shall be re-subdivided. After the initial term expired on December 31, 2015, it would automatically renew in 10
year increments and they could only be modified,changed or amended if everyone in the neighborhood voted and
approved it by 51 percent. The Covenants and Restrictions were attached to their properties. Within Section 1, it
stated that no amendments shall impair or affect the vested property or other rights of any owner. She believed
that there was clear precedent of not approving the replat and hoped they could rely on the documents created by
the residents when the Town was built. At the P&Z Commission meeting, she did not believe that the diagram
shown was accurate because it did not reflect the true shape of the property. Many residents were surprised,who
signed the letter of support of the replat, because they had not been provided an accurate representation on what
was being proposed. It set a dangerous precedent to open the door for modifying things in a way that was not
consistent with the Town. She believed that these values raised the standards and were considered so important
to the residents at that time because they put them in writing in order to protect the future development of their
area from encroachment or any attempt to alter the community in a way that was inconsistent with its design.
Lastly,she requested that the Council deny the request to subdivide the proposed property.
Council Member Shoffner inquired where Ms. Drummond obtained the document that she was reading from. Ms.
Drummond responded that she obtained the Covenants and Restrictions when she purchased her home.
Mayor Sanders asked Ms. Drummond what her understanding was of the Town's authority to enforce their
Covenants and Restrictions. Ms. Drummond responded that she did not have a legal understanding of the process,
but she believed that if there were Covenants and Restrictions for their properties, then who better to protect
them than the Town.
Discussion took place that the document that Ms. Drummond mentioned earlier about the shape of the home
being inaccurate was a building line drawing.
Jenna Fossum,3 Palmetto Court, lived in the house next to the property in question. She recently moved into her
home and was looking for a house for three years, which offered more privacy, lot size, and views. She could not
see any houses from her backyard, only the golf course. The proposed change would significantly change her
privacy because the new house would have a backyard that would look directly into her backyard, which she felt
would affect the value of her lot. In addition, it seems to go against the historical idea of the half-acre lots and she
believed that it would set a bad precedent by changing the unique qualities of Trophy Club.
Dick Swetnam, 5 Palmetto Court, has lived in Trophy Club for 24 years and stated that their area was unique
because they had golf course lots. He was concerned about the notification process because he only had nine
working days to prepare for the P&Z Commission meeting after receiving the letter since he was within 200 feet of
the subject property,which was standard State law. He felt it would be best to sit down to discuss and dismiss any
confusion on what the law was. He did not believe that the information relayed to Council was as smooth as what
actually occurred at the P&Z Commission meeting. The house he bought was unique with a half-acre lot and golf
course view and he did not think it was right that someone could subdivide their property when their Covenants
and Restrictions prohibited that. There were six Palmetto Court residents that spoke at the P&Z Commission
meeting and they received 20 signatures for a petition against this request. A member of the P&Z Commission had
to recuse himself because he lived across the street from the subject property. Even though the law had been met
by notifying residents within 200 feet of the subject property, he felt that this proposal affected everyone on the
street. He was concerned that future homeowners would begin splitting their lots and would like clarification on
what the law was.
Town Council Minutes July 23,2019 Page 6 of 13
Smokey Duverne, 6 Palmetto Court, has resided in Town for 24 years and during that time she has lived in four
distinct neighborhoods,with their own identity and unique charm. They preferred sleek, modern type architecture
but it would have stuck out like a sore thumb in their current area. With that in mind, she built her home that
suited the style of the neighborhood. She did not believe the applicant's request would keep in line with the
neighborhood,the spaciousness,and the expanse enjoyed on Palmetto Court and Oakmont Drive.
Frances Clark, 11 Palmetto Court, has lived in Trophy Club for over 35 years. She was the original developer's
salesperson when the Covenants and Restrictions for Sections 1 and 2 were established. Under their restrictions,
the lots on Palmetto Court were to be half-acre lots and should not be cut into quarter acre lots. She stated that
the applicant was trying to make his backyard a separate lot and build another house, which should not be
approved because of their restrictions. She believed that if approval was granted, then every single lot in Trophy
Club could do this and build a house in their backyards.
David Comstock, 8 Palmetto Court, has resided in their home for less than three months. When purchasing his
property, he was thrilled to find a one story house with a three car garage on a half-acre lot abutting the golf
course. Palmetto Court was unique in Trophy Club with its half-acre lots and one story houses. This request would
change the style and acreage for Palmetto Court. He has seen in writing that no golf course lot could be
subdivided and must be half-acre lots. When purchasing his property,the appraisal was 10 percent lower than the
agreed upon price because Palmetto Court was unique and it was difficult to get comparables. This request would
adversely affect the residents on Palmetto Court and he requested the Council to protect the residents' property
values.
Sharon Montgomery, 10 Palmetto Court, stated that she has two lots with over an acre and that she was part of
the petition to help encourage people to understand what the request encompassed. She explained to the
residents in their neighborhood that Mr. Denby did not currently have two lots as they believed Mr. Denby only
needed their approval for him to be able to build a second home. She believed that if approved,this would set the
precedence for other lots in Town to subdivide their lots and negatively affect their property values. Surrounding
neighbors have either torn down, rebuilt, or made improvements to their homes and she believed that Mr.
Denby's request would not be considered an improvement to their neighborhood. They received their Covenants
and Restrictions when they purchased their home, which was a legal document sealed and filed with Denton
County. She hoped that the Town would review the entire Covenants and Restrictions before making a decision
and she requested that the Council vote against this item.
Mayor Pro Tem Jensen inquired if Ms. Montgomery was aware that there was an L-shaped lot next to her
residency that could not be built on. Ron Montgomery, 10 Palmetto Court, explained that when they bought their
house, Club Corp bought the property from the golf course (Cobblestone) and they replotted the land and cut out
the L-shaped lot, which goes around their two lots. The L-shaped lot was abandoned by the golf course and went
on the market at Denton Country. He bid on the property about three to four years ago because he had been
maintaining it for about 20 years, but it was an unbuildable property.
Mayor Sanders asked if Town Planner Payne had the entire Covenants and Restrictions document. Town Planner
Payne responded that she obtained the document that was filed with Denton County records.
Mayor Sanders asked Town Attorney Dodd why the covenants that were being referenced were not enforceable
by Council. Town Attorney Dodd responded that they were not Town ordinances and the Town was not a party to
the deed restrictions, sales, or development of that property. The Town did not have the authority to enforce
their Covenants and Restrictions and the Town only had the jurisdiction given by the State to enforce Town
ordinances and State laws.
Mayor Sanders inquired what the zoning was for the lots that have been discussed. Town Planner Payne
responded that the lots were zoned R-10,which requires a minimum of a 10,000 square foot lot size. The average
lot size in that area was approximately 24,000 square feet and the property that was being requested to be
subdivided was around 24,000 square feet.
Town Council Minutes July 23,2019 Page 7 of 13
Mayor Sanders asked Town Attorney Dodd why the Town, through current ordinances, could not protect these
residents from something the majority of the neighborhood did not want. Town Attorney Dodd responded the
application that has been filed met all the Town ordinances and that becomes a ministerial duty, which took the
discretion out of it.
Council Member Shoffner inquired if Staff has reviewed any documents or plats that had any notes that were
linked to the Covenants and Restrictions. Town Planner Payne confirmed that there was nothing on Town plats
that referenced the information. She had only been able to locate the information through Denton County's
website because Mr.Swetnam had provided her with the information.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Bone,to continue the Public Hearing to the August
27, 2019 Council meeting and instruct Town Staff to organize a meeting with the Town Attorney present and
members of the neighborhood who would like to have additional discussion on this item.
Mayor Sanders commented that it was clear that there has been confusion with legal questions that everyone
would like answered as well as what was and was not enforceable. Also, he was seeking clarification regarding the
required number of signatures for the petition because he saw that there were instances where both husband and
wife signed the petition, therefore he wanted to know if those signatures would count as one or two signatures.
The continuation of the public hearing would allow more time to address these concerns and not require the Town
to re-advertise for another public hearing.
Council Member Shoffner requested to enter into Executive Session to seek legal advice.
Council convened into Executive Session at 8:45 p.m.
Council reconvened into Regular Session at 9:06 p.m.
Mayor Sanders stated that the motion on the floor was to continue the Public Hearing to the August 27, 2019
Council meeting and for Town Staff to arrange a meeting with concerned citizens.
Ms. Drummond,4 Palmetto Court, inquired if it would be beneficial to forward any information to the Council that
some of the concerned residents may obtain through further research. Mayor Sanders agreed that it would be
appropriate and that any information should be forwarded to Town Planner Payne, who would appropriately
distribute the information to Town Council and to the Interim Town Manager.
The vote was taken.
Motion carried unanimously 6-0-0.
B) Consider and take appropriate action regarding a request for a replat for the purpose of splitting one
residential lot into two residential lots containing approximately 0.567 acres of land and generally
located on the northeast corner of Palmetto Court and Oakmont Drive(W.Carroll).
No action was taken on this portion of the item.
15. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and
calling a Special Election to be held on September 7, 2019 for the purpose of electing one (1)
Councilmember to Place No. 4 on the Trophy Club Town Council for the remainder of an unexpired term
(expiring in May 2021); 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(W.Carroll).
Town Secretary Fimbres advised that the filing period for Place 4 would began after the Special Election was called
and would run until 5:00 p.m. on Monday, July 29, 2019. The Special Election would be held on September 7,
2019.
Town Council Minutes July 23,2019 Page 8 of 13
Motion:
Motion made by Mayor Pro Tern Jensen, seconded by Council Member Bone,to approve Ordinance No. 2019-15,
ordering and calling a Special Election to be held on September 7, 2019 for the purpose of electing one (1)
Councilmember to Place No.4 on the Trophy Club Town Council for the remainder of an unexpired term (expiring
in May 2021); 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 July
23,2019.
Motion carried unanimously 6-0-0.
16. Consider and take appropriate action regarding acceptance of the budget adopted by the Crime Control and
Prevention District and ordering a public hearing August 13, 2019 on the budget to be held in accordance
with state law(W.Carroll).
Police Chief Arata advised that this was the seventh year for the Crime Control and Prevention District (CCPD)
Budget and the second year of the debt relief for the $100,000 that was moved from the Town's General Fund to
the CCPD Budget. The CCPD Board recommended budgeting $20,000 in overtime for the Police Department to
help support extra patrols for the PD 30 and PD 25 developments. The overtime would cover having an extra
officer on duty for four hours each Friday and Saturday evening.
Mayor Pro Tern Jensen believed that personnel costs should be reflected in the General Fund as opposed to the
CCPD Budget and he did not recall that this topic was discussed during the Council Finance Subcommittee meeting.
Council Member Geraci applauded Staff for taking the approach to evaluate overtime for an officer to work on the
weekends until the tax rate had been set and until it was understood what the future implantation would be.
Mayor Sanders inquired what the estimated fund balance would be for the beginning of Fiscal Year 2020. Police
Chief Arata responded that the estimated balance to begin Fiscal Year 2020 was$98,704.
Council Member Shoffner inquired if the proposed overtime would be scheduled as needed because right now
there were no restaurants. Police Chief Arata responded that the plan would begin October 1, 2019, if both
developments were up and running, since the extra coverage was for security and patrolling of the PD 30 and PD
25 developments.
Council Member Shoffner asked if the Capital Replacement items for the Police Department were fully funded.
Interim Town Manager Carroll responded that a vehicle had been purchased this year through the CCPD Budget,
but it did not include the smaller equipment such as Tasers. There were three or four vehicles that were scheduled
to be replaced next year, but the CCPD Budget could not bear the full weight.
Council Member Shoffner remarked that over the next few years the fund balance would increase due to various
business openings. He wanted to explore the ability to reallocate some of the special projects and expenditures
related to drug enforcement, in order to help relieve some of the burden of the Capital Replacement items. He
was a proponent to ensure that there were enough funds for training for the Police Department.
Mayor Sanders inquired if the Town was already utilizing the portion of the budget for bicycle patrolling. Police
Chief Arata responded that they currently utilize three bicycle officers, with two patrolling on a regular basis, and
they were present for the 4th of July event.
Motion:
Motion made by Mayor Pro Tem Jensen, seconded by Council Member Geraci, to accept the Fiscal Year 2020
budget adopted by the CCPD Board and ordered a public hearing on August 13, 2019 for the budget to be held in
accordance with State law.
Motion carried unanimously 6-0-0.
Town Council Minutes July 23,2019 Page 9 of 13
17. Consider and take appropriate action regarding All Other Funds for the Fiscal Year 2020 Budget; discussion
of same(W.Carroll).
Interim Town Manager Carroll presented the Other Funds for the Fiscal Year 2020 Budget. He advised that the
strategy was to relieve property tax this year and maintain current service levels, which was achieved through
Council's adoption of a Residential Homestead Property Tax Exemption in May 2019. Another strategy was to
maintain an interest and sinking(I&S)tax rate of$0.11 per$100 of valuation. The Debt Service Fund has a strong
fund balance primarily due to the l&S tax rate generating enough revenue to maintain the Debt Service Fund. The
major change in this fund was the reduction of the transfer from the CCPD Budget,in efforts to move General Fund
expenditures into the CCPD to save funds. He displayed an Annual Debt Service chart to show when some of the
bonds would be paid that fund Capital Improvement Projects. The strategy for the Capital Equipment
Replacement Fund was to issue a Tax Note for approximately $1 million to cover all expenditures over the next
two years. This would allow time for the fund balance to become self-sustaining and then moving forward the
appropriate funds would be moved to this budget line item for scheduled replacements.
Mayor Sanders inquired what the annual payment would be on $1.2 million Tax Note. Interim Director of Finance
Davenport responded that a $1.2 million Tax Note would result in a payment of approximately$180,000 per year
for seven years.
Interim Town Manager Carroll continued with the Capital Equipment Replacement Fund and advised that the
proposed Fiscal Year 2020 expenditures included equipment for the following departments: Fire; EMS; Parks and
Recreation; IT, and Facilities. The Capital Projects Fund continues to draw down against the previous bond
packages issued in 2016-2017. Fiscal Year 2020 proposed expenditures included the following projects: $1.5
million for Trophy Club Drive, Sundance Court, and Meadowbrook Lane; and $40,000 for the demolition of the
former police building.
(Town Secretary Note:Council Member Fleury briefly lost connection from 9:28 p.m. to 9:31 p.m.)
Interim Town Manager Carroll briefly went over the Court Security Fund and the Court Technology Fund. Both
funds realized a decrease in revenue due to a reduction in the number of tickets issued and the removal of the$25
deferred fee. The Court Technology Fund has previously paid for software support for Incode Court software, but
due to the decrease in revenue,this would be paid from the General Fund beginning in Fiscal Year 2020.
The Hotel Occupancy Fund had a strong fund balance of approximately $790,000 at the beginning of Fiscal Year
2019. Staff projects that this fund would gain an additional$233,000 at the end of the Fiscal Year 2019,which was
largely due to the contract between Deloitte University and several of the hotels in Town. Deloitte University
guaranteed occupancy of 100 rooms, but that agreement would expire at the end of this year. Expenditures in
Fiscal Year 2020 included funding for the 4th of July celebration,advertising, event rentals, dues and memberships,
and an additional$50,000 for wayfinding signage.
Council Member Shoffner recommended that Staff work closely next year with the hotels to possibly offer ways to
help promote them, such as through advertising. This was a healthy fund and he would like to see more of it
utilized by working directly with the hotels.
Interim Town Manager Carroll discussed the Tax Increment Reinvestment Zone(TIRZ) No. 1 Fund that continues to
pay down the debt and Staff predicts that the fund balance would break-even in Fiscal Year 2030. The primary
purpose for the Recreation Program Fund was to account for adult recreational programs and the intent would be
to have this fund break-even each year. The Parkland Dedication Fund has a strong fund balance of$270,000 at
the end of Fiscal Year 2019. Expenditures for Fiscal Year 2019 included the Harmony Park playground
improvements. As discussed at the June 25, 2019 Council Workshop, improvements for a new park on Sheldon
Drive would be put on hold until a Parks Master Plan was established, but remained budgeted in Fiscal Year 2020.
Regarding the Trophy Club Park Fund, revenue estimates decreased for Fiscal Year 2019 because the park was
closed in May and June due to flooding. Revenue projections for Fiscal Year 2020 were based on actual revenue
collected in Fiscal Year 2018.
Town Council Minutes July 23,2019 Page 10 of 13
The Storm Drainage Utility Fund would realize a slight drop in expenses in Fiscal Year 2020, due to the five year
drainage study being completed in Fiscal Year 2019. The CCPD, EDC 4B, and Street Maintenance Funds were
funded solely from sales tax and interest income. Both the CCPD and EDC 4B would see an approximate increase
of three percent in sales tax for Fiscal Year 2019 and Fiscal Year 2020. Lastly, the revenue in the Street
Maintenance Fund continues to grow due to an increase in sales tax revenue and expenditures remain level.
No action was taken on this item.
18. Discussion of items for Future Agendas to include agenda items for consideration on the July 29,2019 and
August 13,2019 Council agendas and items from the Town Council Future Agenda Items list(W.Carroll).
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. 2 from the Future Agenda Items list- Receive an update from Town Staff regarding Entryway
Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22,2018)
(2-August 28,2018)(3-December 11,2018)(4-March 26,2019)(5-June 25,2019)(6-July 23,2019)
Town Planner Payne provided an update regarding Parks signage and entryway monumentation. She advised that
the Independence Park West sign had been demolished and has been completely reconstructed. Both the
Independence Park West and the Independence Park East signs match and have the Town logo incorporated along
with tabs indicating field numbers. There were two existing entryway monuments,with one on Trophy Club Drive
and one at the Roundabout. The locations that have been discussed for new entryway monuments were the
intersections of Trophy Wood Drive and State Highway 114, Bobcat Boulevard and Marshall Creek Road, and
Bobcat Boulevard and the water tower. Staff was previously directed to contact local universities to have students
design the entryway monumentation at no cost. Staff reached out to six universities but received no responses.
Options to move forward were to: 1) replicate the Trophy Club Drive entryway monumentation at the previously
mentioned locations; 2) replicate the decorative wall sign at the Roundabout at the previously mentioned
locations;or 3)consult with a sign contractor to design the new entryway monuments.
Council Member Shoffner recommended collaborating with Northwest Independent School District for the
monumentation at Bobcat Boulevard and Marshall Creek Road, and Bobcat Boulevard and the water tower since
the schools were in that area, potentially the monuments could read, "Welcome to Trophy Club Bobcat Country".
There was ample room on Marshall Creek Road to possibly install an entryway monument similar to the
Roundabout. The majority of visitors entered through Trophy Wood Drive;therefore it would be beneficial to have
monumentation signage at that entrance. He recommended improving the monumenation on Trophy Club Drive
since visitors and members of the Trophy Club Country Club entered the Town at this location. If possible, it may
be of benefit to have The Village at Trophy Club sign mirror the Roundabout decorative wall sign.
Mayor Sanders suggested Staff reach out to the developer of PD 30 to obtain their signage plans and possibly have
the Town signage at Trophy Club Drive compliment PD 30's signage.
Council Member Geraci recommended having a lighted entryway signage on Trophy Wood Drive since there would
be night traffic in that area and to brand the area as Trophy Club specifically.
Mayor Sanders remarked that the Parks signage illustrated a low, long type sign with the Town logo. Since there
was not much width in the median on Trophy Wood Drive, it may be appropriate to match the Parks signage there
with backlit lettering.
Council Member Geraci agreed that it may be of benefit to mirror PD 30 signage so that the Trophy Wood Drive
signage and the Trophy Club Drive signage would be consistent along the frontage road.
Town Council Minutes July 23,2019 Page 11 of 13
B) Item No.4 from Future Agenda Items list-Discussion of the creation of a Charter Review Commission in
accordance with Section 11.15 of the Town Charter, the Council shall appoint a Charter Review
Commission at intervals of not more than seven(7)years. (Jensen 4/23/2019)(1-July 23,2019)
Town Secretary Fimbres advised that currently there were only two applicants, with a total of nine seats available.
The Town has advertised and the closing for applications would end on July 31, 2019.
Council Member Shoffner confirmed that each Council Member appoints one member to serve on the Charter
Review Commission, and the remaining members would be appointed by vote of the Council.
Regarding the Town Council Future Agenda Items list, Mayor Sanders requested to remove Item No. 7, Discussion
of and take appropriate action regarding controlled crossing areas and flashers in Town. (Geraci 6/11/2019) (1-
September 10, 2019)
EXECUTIVE SESSION
19. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act),the Council convened into executive session to discuss the following:
A) Section 551.072 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
Jensen and Council Member Shoffner)
2) Parcel between Bread Winners and Trophy Club Town Hall(W.Carroll)
3) Potential transfer of property between the Town and TCMUD No. 1(W.Carroll)
B) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment,
employment,evaluation,reassignment,duties,discipline or dismissal of a public officer or employee:
1) Quarterly Goals and Objectives for Council Appointed Employees(Town Council)
2) Town Manager position(W.Carroll)
3) Denco Area 9-1-1 District Board of Managers(Mayor Sanders)
C) Section 551.087 Deliberation regarding Economic Development Negotiations under Subsection (1) to
discuss or deliberate regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate,stay,or expand in
or near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations and Subsection (2) to deliberate the offer of a financial or other
incentive to a business prospect that the Town seeks to have locate within the territory of the Town:
1) North of State Highway 114,east of Trophy Club Drive and west of Town limits(Mayor Sanders)
CONVENED INTO EXECUTIVE SESSION-START TIME—8:45 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:06 P.M.
RECONVENED INTO EXECUTIVE SESSION-START TIME—9:53 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—10:44 P.M.
Town Council Minutes July 23, 2019 Page 12 of 13
RECONVENED INTO REGULAR SESSION
20. Consider and take appropriate action regarding a Resolution of the Town Council voting for one(1)nominee
to be appointed to the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date
(Mayor Sanders).
(Town Secretary Note:Council Member Fleury did not rejoin the meeting via video conferencing)
Motion:
Motion made by Mayor Sanders, seconded by Council Member Bone, to approve Resolution No. 2019-16, voting
for Sue Tejml to be appointed to the Board of Managers of the Denco Area 9-1-1 District; and providing an
effective date of July 23,2019.
Motion carried unanimously 5-0-0.
21. Consider and take appropriate action regarding the Executive Session(W.Carroll).
No action was taken on this item.
ADJOURNMENT
Mayor Sanders adjourned the meeting at 10:45 p.m.
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Holly Fimbres,Town Secr: "' �G C. Nick Sanders, Mayor
Town of Trop y Club,Te,:O ' 03 Town of Trophy Club,Texas
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Town Council Minutes July 23,2019 Page 13 of 13