Town Council Minutes - 02/14/23Town of Trophy Club
Town Council Regular Session Minutes
Tuesday, February 14, 2023; 5 PM
The Trophy Club Town Council met in a Regular Meeting on Tuesday, February 14, 2023. The meeting was held at
Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262.
TOWN COUNCIL MEMBERS PRESENT:
Alicia L. Fleury
Mayor
Greg Lamont
Mayor Pro Tem, Place 1
Jeff Beach
Council Member, Place 2
Dennis Sheridan
Council Member, Place 3
Karl Monger
Council Member, Place 4
LuAnne Oldham
Council Member, Place 5
Steve Flynn
Council Member, Place 6
STAFF PRESENT:
Wade Carroll
Town Manager
David Dodd
Town Attorney
Patrick Arata
Police Chief
Jason Wise
Fire Chief
Anita Otterson
Town Secretary
Matt Cox
Community Development Director
April Duvall
Finance Director
Denise Deprato
Human Resources Director
Jill Lind
Communications and Marketing Director
Tamara Smith
Assistant to the Town Manager
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Fleury and Mayor for a Day Monica DeCicco called the meeting to order at 5:00 PM and noted a quorum with
all Council Members present.
INVOCATION led by Parks and Recreation Director Tony Jaramillo.
PLEDGES led by Mayor for a Day Monica DeCicco
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
ANNOUNCEMENTS AND REPORTS
1. Issuance of Proclamation 2023-04 proclaiming February 14, 2023 as "Monica DeCicco, Mayor
for a Day" in Trophy Club (Mayor Fleury).
Mayor Fleury made a motion to accept the proclamation as read. The motion was seconded by Council Member
Monger. The motion passed unanimously 7-0.
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2. Medlin Middle School 61h Grade Gifted and Talented Explorations Program Service Project
"Little Free Library" (Mayor Fleury).
3. Read and present Proclamation 2023-03 proclaiming February as Kindness Awareness Month in
Trophy Club (Mayor Fleury).
The proclamation passed at the January 21, 2023 meeting. It was read and presented to Dan Hilbert
of Dan's Bagel's.
4. BNHS StuCo update on C4K Fun Run (Mayor Fleury).
S. Read and present Proclamation 2023-02 proclaiming February as Black History Month in Trophy
Club (Mayor Fleury).
The proclamation passed at the January 21, 2023 meeting. It was read and presented to Melody
Anderson.
6. Update on the launch of the reskin of the Town website (J. Lind).
PUBLIC COMMENTS
Jennifer Olson, 340 Inverness Drive — Ms. Olson wanted to speak about the lack of transparency in the Town of
Trophy Club. She feels that she has been targeted, her open record requests have not been filled, and the Town
has been dishonest when responding to her requests.
Bambi McCormick, 2818 Chatswood Drive — Ms. McCormick spoke about a resident's request made to her to
remove a political sign from the resident's yard. Ms. McCormick detailed the events of the day and rebutted Ms.
Olson's false allegations that she stole the signs.
PUBLIC HEARINGS
Mayor Fleury opened the Public Hearing at 5:41 PM. There were no speakers. Mayor Fleury closed the Public
Hearing at 5:42 PM.
7. Case SUP-23-001(Rosati's Pizza Alcohol on -Premises).
a. Conduct a Public Hearing regarding a request made by Rosati's Pizza Restaurant for a Specific
Use Permit for alcohol beverage sales on -premises consumption in conjunction with a restaurant
use, located at 2210 E. Highway 114 #250 (M. Cox).
b. Consider and take appropriate action regarding a request made by Rosati's Pizza Restaurant for
a Specific Use Permit for alcohol beverage sales on -premises consumption in conjunction with a
restaurant use, located at 2210 E. Highway 114 #250 (M. Cox
Mayor Pro Tern Lamont made a motion to approve the SUP — Special Use Permit request made by Rosati's Pizza
Restaurant for alcohol beverage sales for on -premises consumption in conjunction with a restaurant use located at
2210 E. Highway 114 #250. The motion was seconded by Council Member Beach.
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Councilmember Sheridan commented that the Ordinance 2023-d2 P&Z states the location for Rosati's Restaurant to
be Lot 1 Block A. He feels that it should contain the full address of the business, 2210 E. Highway 114, Suite #250.
He stated that if the applicant were to move spaces in PD-30 the SUP would follow the applicant.
A vote was taken and the motion passed 5-2.
Yes votes — Beach, Lamont, Fleury, Monger, Flynn
No votes — Sheridan, Oldham
CONSENT AGENDA
8. Consider and take appropriate action regarding a Joint Election Agreement between the Town of Trophy
Club and Denton County Elections for administration of the Town's May 6, 2023 General Elections; and
authorize the Mayor or her designee to execute all necessary documents (A. Otterson).
9. Consider and approve an Interlocal Agreement with the City of Roanoke for Administration of Municipal
Court Services (W. Carroll).
10. Consider and take appropriate action to approve the Regular Town Council Meeting Minutes of January
10, 2023 (A. Otterson).
11. Consider and take appropriate action regarding the Town Council Meeting Minutes dated January 21,
2023 (A. Otterson).
12. Consider and take appropriate action regarding a requisition for procurement of the pavement analysis
services from Data Transfer Solutions (DTS) for the Town of Trophy Club for a fee not to exceed $50,000
over two fiscal years (M. Cox).
13. Consider and take appropriate action regarding a Developer's Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for the Falcon Estates (71-11); and authorizing the Mayor
or her designee to execute all necessary documents. (M. Cox)
14. Consider and take appropriate action regarding a Developer's Agreement between the Town of Trophy
Club and Trophy Club Estates Development, L.P. for Aspen Estates (8H); and authorizing the Mayor or her
designee to execute all necessary documents (M. Cox).
15. Receive the annual Racial Profiling Report (P. Arata).
16. 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 6, 2023 for the purpose of electing one (1) Mayor, one (1)
Councilmember to Place 1, and one (1),Councilmember to Place 2 on the Trophy Club Town Council, each
for a term of three (3) years; and providing an effective date (A. Otterson).
17. Consider and approve a topographic and boundary survey contract for an intersection improvement
roundabout at Trophy Club Drive and Bobcat Boulevard in Trophy Club; the total amount for basic
services is $33,500, funded as a one-time expenditure from the unassigned fund balance of the General
Fund; and authorizing the Town Manager to sign necessary documents (W. Carroll).
Town Manager Wade Carroll stated that staff would like to pull items 13 and 14 from the Consent Agenda for
further discussion.
Mayor Pro Tern Lamont made a motion to approve items 8 through 12 and 15, 16 and 17. The motion was
seconded by Councilmember Flynn. The motion passed unanimously.
INDIVIDUAL ITEMS
Items 13 and 14 were addressed by Community Development Director Matt Cox. He stated that everything that was
distributed in the packet was still the same, but a clause was added to the Developer Agreements - #7 — Null and
Void. This Agreement will be null and void if the Trophy Club Municipal Utility District does not approve the interlocal
agreement with the Town of Trophy Club that will provide services to the area which is the subject of this agreement.
Town Manager Carroll stated that the Trophy Club Municipal Utility District Board doesn't meet until February 15,
2023, to approve an ILA for services. Staff was worried if there was a problem with the ILA for services between the
MUD and Town, that it would be a misstep on our part stating that services would be provided in the Developer's
Agreements.
Mayor Pro Tern Lamont made a motion to approve the Developer's Agreement between the Town of Trophy Club
and Trophy Club Estates Development, L.P. for the Falcon Estates (7H) adding the following in section 7 to read:
This Agreement will be null and void if the Trophy Club Municipal Utility District does not approve the interlocal
agreement with the Town of Trophy Club that will provide services to the area which is the subject of this agreement.
The motion was seconded by Councilmember Beach. The motion passed unanimously.
Mayor Pro Tern Lamont made a motion to approve the Developer's Agreement between the Town of Trophy Club
and Trophy Club Estates Development, L.P. for the Aspen Estates (8H) adding the following in section 7 to read:
This Agreement will be null and void if the Trophy Club Municipal Utility District does not approve the interlocal
agreement with the Town of Trophy Club that will provide services to the area which is the subject of this agreement.
The motion was seconded by Councilmember Beach.
Councilmember Sheridan stated there are potential drainage issues with this tract. He stated that he will vote yes,
but he has serious reservations about the drainage on this tract.
Town Manager Carroll stated that Matt Cox reached out to our engineering firm and they agreed that the drainage
is adequate for the lot as designed. There is an open drain, which is a flat box that's covered, in one of the residents'
back yard; there is lot -to -lot drainage that goes across the back, but the primary drainage goes to the street.
Councilmember Flynn questioned the drainage. Community Development Director Matt Cox stated that our
engineers have confirmed that the current drainage system will support a 25, 50, or 100-year flood for all the houses
in that area.
Councilmember Oldham stated she was concerned that during construction there would be debris that would clog
the drain. The Developers Agreement only mentions the developer and contractor responsible for all liability for
drainage to adjacent and downstream properties but only to the extent directly caused by the design construction
of the public improvement. The Developers Agreement only covers public -improvement and doesn't discuss
liabilities on an easement on the abutting property.
Community Development Director Matt Cox stated that would be covered under our SWPP and the Town and TNP
will be doing on -site construction inspections. He stated that there are at least 4 of these drains in Town and
periodically our Streets guys check them. Regarding lot -to -lot flowage, the rest of this new development will flow
back to front, so there will be limited flow to this tabletop drain.
The motion passed unanimously.
18. Consider and take appropriate action regarding an amendment to the current Interlocal Agreement with
the Trophy Club Municipal Utility District No. 1 to provide for water and wastewater service (W. Carroll).
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Mayor Pro Tern Lamont made a motion to approve the amendment to the water and wastewater services ILA
between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1 as presented at the dais with
changes to items 2 and 3. The motion was seconded by Councilmember Monger.
Councilmember Flynn wanted clarification on the changes that were made. He stated that the changes were made
by the MUD and presented to us and these changes weren't now going back to the MUD for their approval. Town
Manager Carroll confirmed that was correct.
Councilmember Beach clarified that this ILA would be voted on at the MUD Board meeting on February 15, 2023.
The motion passed unanimously.
19. Case ME-23-001(Cooks Children's Sign Meritorious Exception. Consider and take appropriate action on a
Meritorious Exception for Cooks Children's generally located at the northeast corner of Hwy 114 and
Trophy Club Drive addressed as 2300 E. Hwy 114, Suite 300 (M. Cox).
Mayor Pro Tern Lamont made a motion to approve the Cooks Children's Sign Meritorious Exception generally located
at the northeast corner of Hwy 114 and Trophy Club Drive addressed as 2300 E. Hwy 114, Suite 300 as corrected to
say Cooks Children's in the packet.
The motion was seconded by Councilmember Beach. The motion passed unanimously.
20. Future Agenda Items List (W. Carroll).
Councilmember Sheridan requested to add the following to the Future Agenda Items List:
Adjust the subdivision standards requiring lot drainage to public improvements, prohibiting lot -to -
lot drainage, and prohibiting open storm inlets on a residential lot.
Allow for special exceptions by P&Z and Council, where engineering presents a significant critical
need
• Allow for grandfather of the existing approved drainage plans
The request was seconded by Councilmember Oldham.
The Mayor announced Council was going into executive session at 6:06 PM
EXECUTIVE SESSION
21. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551,
the Town Council will recess into executive session to discuss the following:
a. Section 551.071 Attorney Client Privilege
I. Deliberate a possible Interlocal Agreement with multiple governmental entities to
provide services to Trophy Club citizens.
ii. Discuss pending litigation
iii. Consultation with Town attorney regarding:
1. Complaint filed
2. Enforcing contracts from previous Economic Development negotiations.
Council reconvened back into executive session at 7:46 PM.
RECONVENE INTO REGULAR SESSION
22. Consider and take appropriate action regarding executive session items (Mayor Fleury).
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Councilmember Monger announced that Council directs the Town Attorney to proceed as directed by Council during
executive session.
ADJOURN
Mayor Fleury adjourned the meeting at 7:47 pm.
e t:
Anita Otterson, Town Secretary