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Minutes TC 01/26/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, January 26, 2016 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, January 26, 2016. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS COUNTY OF DENTON TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place S Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 arrived at 7:07 p.m. Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Ron Ruthven Town Planner Mayor Sanders announced the date of Tuesday, January 26, 2016, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges were led by Council Member Shoffner. 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. There were no citizen presentations. 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. 1. Consider and take appropriate action regarding financial and variance report dated December 2015. 2. Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2016. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Farrow, to approve the Consent Agenda Items 1 and 2. Motion passed unanimously. Town Manager Seidel commented that Town Staff have made a concerted effort to increase investment yields for the Town, regarding the Investment Report. He added that it is anticipated that total investment earnings will exceed in Fiscal Year 2016 by approximately $25,000 more than in Fiscal Year 2015, which is about a 600 percent increase over the prior year. PUBLIC HEARING 3. Conduct a public hearing regarding an amendment to Ordinance No. 95-20 P&Z, PD Planned Development District No. 13, amending Exhibit "C", "Development Standards" to adopt regulations for on -premises signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Mayor Sanders opened the public hearing at 7:05 p.m. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:07 p.m. REGULAR SESSION 4. Consider and take appropriate action regarding an amendment to Ordinance No. 95-20 P&Z, PD Planned Development No. 13, amending Exhibit "C", "Development Standards" to adopt regulations for on -premises signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club Drive, Case PD -AMD -16-047. Town Planner Ruthven advised that a requirement of PD 13 is that the signage is approved as an amendment to the ordinance. He stated that the proposed signage plan included five wall signs, one monument sign, and red LED banding around the building and around the monument sign. Additionally, he advised that the Planning and Zoning (P&Z) Commission approved the signage plan on January 21, 2016, subject to the following conditions: That the sign package be approved as submitted specifying the following waivers: 1. That one 9'5" high monument sign be allowed as shown on the plans to include a red LED band; 2. That five wall signs be allowed as shown on the plans (south elevation — two signs, east elevation — two signs, west elevation — one sign) 3. That red LED banding be allowed on the building as shown on the plans 4. That any potential trademark issues regarding use of the Towns logo for the sign be reviewed and reported by the Town Attorney prior to the final Council vote Town Planner Ruthven stated that Staff recommended approval of the signage plan, as presented with the Town's logo, with the ability to present a separate agreement to the Council regarding the Town's trademark. Town Council Minutes January 26, 2016 Page 2 of 10 Dennis Sheridan, Chair of the P&Z Commission, was present to address any questions. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve Ordinance No. 2016-02 P&Z, an amendment to Ordinance No. 95-20 P&Z, PD Planned Development No. 13, amending Exhibit "C", "Development Standards" to adopt regulations for on -premises signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club Drive, as presented with a separate agreement regarding the Town's logo. Motion to Amend: Motion to Amend was made by Mayor Sanders to strike the Town logo being on the building and the design. Motion failed for lack of a second. The vote for the Main Motion was taken, to approve Ordinance No. 2016-02 P&Z, an amendment to Ordinance No. 95-20 P&Z, PD Planned Development No. 13, amending Exhibit "C", "Development Standards" to adopt regulations for on -premises signage for Tract 3, Meat U Anywhere restaurant, Lot 3, The Village, located at 91 Trophy Club Drive, as presented with a separate agreement regarding the Town's logo. Motion carried 6-1-0 with Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Sanders voting against. S. Consider and take appropriate action regarding design modifications of the new Joint Police and Town Hall facility; receive an update from Tom Batenhorst with GSBS and Steele & Freeman, Inc. the Town's Construction Manager at Risk, discussion of same. Town Manager Seidel stated that the intent of this item was to receive an update regarding the facility and to have the Council provide some feedback regarding design options. Tom Batenhorst, Principal with GSBS, presented the forecasted project schedule and stated that they anticipated that the final detailing of the project would be completed by March 1, 2016; at that point the project would be turned over to Steele & Freeman, Inc. for their formal bidding process. He discussed using a Pavestone retaining wall system at the rear of the property, which would result in cost savings, as opposed to using a Recon retaining wall system. He addressed the downside of using a Pavestone retaining wall, which would be that additional space would be needed behind the wall and would eliminate approximately five trees. Additionally, he discussed the reduction on landscaping along the top side of the wall and eliminating thirty-five (35) parking spaces that were not needed to meet code. Council Member Shoffner inquired if the road behind the project was needed and pointed out the possibility that trees could be planted in that area at a future time. Town Manager Seidel stated that the road was not needed and advised that currently there is no longer a road within that area. He stated that Staff proposed to relocate the twelve (12) inch water line that runs diagonally through the property. Mr. Batenhorst discussed relocating the water line so that it does not interfere with the paving process and any future development. Town Manager Seidel advised that the construction budget needed to be reduced by approximately $600,000 and he discussed potential revenue sources to offset costs of the site and building, for example Crime Control and Prevention District (CCPD) and storm drainage funds. Town Council Minutes January 26, 2016 Page 3 of 10 Mr. Batenhorst and David Marsh, Vice President of Preconstruction with Steele & Freeman, Inc., advised that the bidding process will end on March 31, 2016, and that the current budget illustration is based on historical information and competitive sub -contractor estimates. Town Manager Seidel advised that currently the building and the site is approximately $640,000 over budget which includes furniture, fixtures, and equipment (FF&E) and audiovisual, after the proposed $347,776.60 cost reduction analysis. Mayor Sanders received no objections to move forward with the accepted $347,776.60 reductions from the cost reduction analysis. Mayor Sanders received no objections to move forward with removing the thirty-five (35) parking spaces, that would save $44,151, and to review potential alternative funding sources. Discussion took place that there is approximately 300 feet of water line that will need to be lowered and that it was more economically feasible to proceed with the relocation prior to the construction in order to save potential repairs. Additional discussion took place that it would not be feasible to eliminate the attic space, which will be able to be used for storage. Council Member Rowe stated that he would recommend the full savings of $36,190 regarding item number 7, landscape reduction -trees and shrubs at top of retaining wall, which would add an additional $6,190 to the accepted cost savings. Mayor Sanders received no objections to move forward with Council Member Rowe's recommendation. Mayor Sanders received no objections to keep the attic storage area. Discussion ensued regarding using CCPD as a funding source for the security fence and using the storm drainage fund. Council Member Shoffner recommended rejecting item number 16, electrical feeders to be aluminum in lieu of copper, because he would prefer the entire wiring system to be copper. Mayor Sanders received consensus to move forward with the following proposed changes: 1) Accepted - Remove limestone at plaza, add stained and scored concrete 2) Rejected - Change site lighting to MH from LED 3) Accepted - Use a Pavestone retaining wall versus a Recon retaining wall 4) Rejected - Adding 1" of concrete to remove lime stabilization 5) Accepted - Parking deleted 35 spaces and associated drive lane and to move forward with alternate funding 6) Accepted - Substitute Lafayette fence for Amiristar fence Mr. Batenhorst advised that there is a portion of the fence that will have to be installed on top of the retaining wall. Mayor Sanders discussed that if the security fence had to be eliminated there could be potential to install it at a future date and possibly use CCPD funding. Mayor Sanders received consensus to move forward with the following proposed changes: 7) Accepted — Landscape reduction -trees and shrubs at top of retaining wall for the full valued amount of $36,190 8) Accepted — Landscape -broadcast seed in lieu of hydromulch at native vegetation area north of retaining wall 9) Accepted — Additional 12" water line (relocate to north side of property) 10) Rejected — Delete attic space Town Council Minutes January 26, 2016 Page 4 of 10 Council Member Reed commented that regarding item number 11, delete folding partition and steel structure, the purpose for Council Chambers was to allow the community to use it. He pointed out that the cost to install the security fence, which could be done at a future time, could cover the cost of the partition. Council Member Shoffner inquired about scaling the security fence down to allow for cost savings. Police Chief Arata stated that the facility will be in close proximity to the hotels and highway and that he did not have an issue with waiting to install the security fence, which would secure vehicles, maintenance trucks, and equipment. Council Member Shoffner believed that it could be in their best interest of the community to proceed with the design of the security fence, such as electrical, and install the fence at a future date in order to allow for as much meeting space as possible. Council Members Parrow and Kurtz pointed out that there will be two additional meeting spaces and inquired if a third meeting space was necessary. Mr. Batenhorst advised that something for the Council to consider would be to fund approximately $6,000 for the structure above the ceiling to install the partition at a future date using any contingency funds available at the end of construction. Main Motion: Motion made by Mayor Sanders, seconded by Council Member Rowe, to instruct the Town Manager to proceed with construction plans allowing for the structural installation for the folding wall but eliminate the folding wall itself until a future date. Mayor Sanders stated that the motion will allow an approximate cost savings of $30,000, permit the necessary structural design to be done now, and purchase the partition at a later date. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Council Member Reed, to proceed with adding the partition. Mayor Sanders ruled the motion to amend out of order. The vote for the Main Motion was taken, to instruct the Town Manager to proceed with construction plans allowing for the structural installation for the folding wall but eliminate the folding wall itself until a future date. Motion carried 4-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow and Kurtz voting for, and Council Members Reed, Rowe, and Shoffner voting against. Mayor Sanders received consensus to move forward with the following proposed changes: 12) Accepted — Carpet to VCT at PD hallways 13) Accepted — Lobby logo to "TC" letters 14) Accepted - Canopy deduct alternate (three doors on PD side and one on Town Hall side) 15) Accepted - Delete window mecho shades (inside) Town Manager Seidel advised that Staff is exploring moving item number 15 to FF&E. Mayor Sanders received consensus to move forward with the following proposed changes: 16) Rejected - Electrical feeders to be aluminum in lieu of copper 17) Accepted — Generator allowance reduced by approximately 30 percent capacity to 300kw 600 amp generator Town Council Minutes January 26, 2016 Page 5 of 10 Mr. Batenhorst recommended that during an outage, the Police Department would continue to have air conditioning and power, and selected areas on the Town Hall side would have power. Council Member Rowe commented that this item could possibly be further refined as long as essential functions are able to be performed. 6. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Trophy Club Soccer Club d/b/a Greater Northwest Soccer Association; and authorizing the Mayor or his designee to execute all necessary documents. Assistant Town Manager/CFO Glickman provided an update regarding the item and stated that according to the Secretary of State's Office the legal name is Trophy Club Soccer Club and they have filed with Denton County to do business as Greater Northwest Soccer Association. Additionally, he stated that the North Texas State Soccer Association provided a letter that they are a participating member in good standing and are recognized under their federal tax identification number as an affiliate. Mayor Pro Tem Lamont inquired about the corporation being a non-profit organization with the state Matt Tibbets, President of Trophy Club Soccer Club d/b/a Greater Northwest Soccer Association, stated that in 1985, when the group was originally formed, they went to the State and registered as Trophy Club Soccer Club, and about seven to eight years later the previous administration changed the name to Greater Northwest Soccer Association. The association filed with the IRS under the name Greater Northwest Soccer Association, but they did not go back to the State to officially change the name. He stated that they file with their parent organization, North Texas Soccer, as a 501(c)(3). He advised that they do want to change their name to Greater Northwest Soccer Association and that he has contacted a tax attorney to proceed with the process to file an LLC down the road. Additionally, he advised that soccer has an international body, national body, and a state body and that they are all connected, and that they can file with North Texas Soccer as a group affiliate. Council Member Shoffner commented that under the North Texas Soccer website they were listed under the associations youth division but they were not listed under the adult division. He inquired if everyone would be covered under their association if an injury occurred. Mr. Tibbets stated that everyone is covered because they all register under North Texas Soccer and are covered under the insurance policy. He discussed the history that Grapevine was the association that hosted adults, and since then they are adjusting to northern mid -cities which is their play in league. Additionally, he stated that the insurance policy and background checks are through North Texas State Soccer, which he will provide proof of insurance to the Town. Council Member Shoffner mentioned that the Organized Sports Council subcommittee made a modification to this agreement requiring GNWSA to work with the required Town departments to produce a "community update" on soccer following the end of each season and prior to the start of the following season, as opposed to other sports agreements that require the association or board to attend a Council meeting and provide an update to the Council within a certain timeframe. He added that the subcommittee would like to mirror this requirement in all sports agreements. Motion: Motion made by Council Member Rowe, seconded by Council Member Reed, to approve an Agreement between the Town of Trophy Club and Trophy Club Soccer Club d/b/a Greater Northwest Soccer Association; and authorizing the Mayor or his designee to execute all necessary documents. Motion passed unanimously. Town Council Minutes January 26, 2016 Page 6 of 10 7. Town Council to provide direction to Town Staff regarding the regulation of solar panels and the interpretation, enforcement and regulation of roof shingle requirements in the Code of Ordinances insofar as the requirements relate to solar panels. Town Planner Ruthven advised that this item was to seek direction from the Council regarding how to proceed with solar panels, specific to roof mounted solar panels. He advised that approximately twelve (12) homes have roof mounted solar panel systems and that currently there are no allowances for them within the Town Code of Ordinances. He believed that in the past, they have been allowed through an electrical permit but the current roof shingle ordinance only allows architectural type roof shingles. He informed the Council that a request came through early January 2016 and that Staff believed that there are no allowances for roof mounted solar panels through the Code and roof shingle requirements. He noted that within Chapter 3, Section 11.06, of the Code of Ordinances, there is an appeal process to the roof shingle requirements, which goes before the Council for a final decision. Additionally, he stated that Staff is seeking direction from Council regarding the following: how to proceed with the current solar panel electrical permit request; how to proceed with any further solar panel permit requests; and how to proceed with any potential code or policy amendments and research regarding future solar panel installation. Council Member Rowe inquired if a separate section should be created specific to roof mounted solar panels. Town Manager Seidel stated that Staff would like to have a section that is clear and specific to address the item. Council Member Parrow pointed out that there are solar shingles manufactured that take the place of regular roof shingles. Mayor Sanders received consensus from the Council to instruct staff to proceed with the following: 1) allow for solar panels to be controlled through a building permit; 2) not to be accomplished through roofing material; 3) allow for stand-alone structures in some fashion; 4) use a building permit to address Item No. 3; and S) receive additional information specific to Flower Mound, Southlake, North Richland Hills, and Argyle solar panel regulations. Discussion took place regarding issuing a building permit versus an electrical permit, such that a building permit addresses dimensions, size, weight, structural integrity, and how affixed to the structure. Development Services Manager Cooke commented that Staff wanted to make sure Council was aware that the current requested permit will have the solar panels in the rear of the house, but the panels will be visible from the street because it is on a corner lot. Council Member Reed stated that he would like to make sure to review how the solar panels will be connected to the structure and to allow the Council to address the line of sight issue because that could affect neighboring homes. Mayor Sanders received consensus from the Council to move forward with the current solar panel request consistent with how they have been processed in the past. Larry Skinner, Regional Manager with Petersen Dean Roofing, representing Mr. and Mrs. Snyder at 2817 Darlinghurst, advised that they received permission from the homeowners association (HOA) to install the system. He stated that certain HOA's require them to receive permission from the surrounding neighbors. Council Member Rowe commented that he believed that it is often better to address these items through the HOA if the neighborhoods have one. Town Council Minutes January 26, 2016 Page 7 of 10 8. Consider and take appropriate action regarding proposed Town Council meeting dates for February 2016. Mayor Sanders received consensus from the Council to have a regularly scheduled Council meeting on February 19, 2016 at 5:30 p.m. and to have a special called Council meeting on February 23, 2016 at 7:30 p.m. 9. Town Council Liaison Updates; discussion of same. *Parks and Recreation Board, January 18, 2016 Council Liaison - Council Member Philip Shaffner Provided update, no action taken, just discussion. 10. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Candidate Filing Period *Concealed Handgun License Class *Highway 114 Sound Wall Town Manager Seidel updated the Council and addressed questions, no action taken, update only. 11. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for February 9, 2016 meeting and discussion of the Town Council Future Agenda Items list. 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 on 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. Mayor Sanders pointed out that for several weeks the Council has had access to the proposed 2014 Code of Ordinances that will be presented at the February 9, 2016 Council meeting. He suggested that if Council located any typos or errors, to advise Staff of those items. Discussion took place that the intent for the item on the February 9, 2016 Council agenda, regarding adoption of day care standards of care, was to set standards for the day camp offered by the Town. Town Manager Seidel advised that Item No. 3 from the Town Council Future Agenda Items List, Consider and take appropriate action regarding adding a parking lot between the baseball fields (Reed 8/11/2015), will be discussed at the Council Retreat on January 29, 2016. Mayor Sanders requested to have Item No. 9 from the Town Council Future Agenda Items List, To open the Council Rules of Procedure (Shoffner 11/10/2015), as an agenda item on the February 9, 2016 Council agenda. Council Member Reed requested to add an item to the Town Council Future Agenda Items List: Discussion and consideration of laws related to texting while driving inside the Town. Mayor Sanders requested to add an item to the Town Council Future Agenda Items List: Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building services such as trash, drainage, etc. Town Council Minutes January 26, 2016 Page 8 of 10 EXECUTIVE SESSION 12. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 "Consultation with Attorney" under Subsection (1) when the governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)). (1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. (2) Legal advice regarding the Fire Department Personnel Services and other Interlocal Agreements with the Trophy Club Municipal Utility District No. 1. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. CONVENED INTO EXECUTIVE SESSION - START TIME — 9:22 P.M. RECONVENED INTO REGULAR SESSION - START TIME —10:02 P.M. RECONVENED INTO REGULAR SESSION 13. Consider and take appropriate action regarding the Executive Session. Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to direct the Town Manager to continue the search for Fire Chief and bring to Council a proposed Interlocal Agreement (ILA) with the Trophy Club Municipal Utility District (TCMUD) No. 1 for Fire and EMS services to be under operational control of the Town Management. Mayor Sanders stated that at the last TCMUD No. 1 meeting, they canceled the ILA for Fire Department Personnel Services and have not provided written notice to the Town as of yet; therefore he wanted to have the ability to allow the Town Manager to proceed with this item since there is a limited amount of time to deal with it. Council Member Reed spoke in favor of the motion and stated that the priority of the Town is to protect the safety of the residents. Council Member Rowe stated that the Town has a MUD that does not encompass the entire area of the Town and that the Town has to decide how to provide service to both MUD and non -MUD residents, which will be through an ILA with the TCMUD No. 1. Town Council Minutes January 26, 2016 Page 9 of 10 Council Member Parrow stated that this matter needed to be addressed by the end of September 2016, and that he believed that the Fire/EMS personnel needed to know that this will be resolved. Council Member Shoffner stated that during a TCMUD No. 1 meeting, a MUD Director discussed several groups that had reviewed this ILA and they had all came to same conclusion, that under the current structure it does not work and should have one reporting structure. Council Member Shoffner advised that the Blue Ribbon Panel was made up of members who were not connected to the politics and that their conclusion was that the structure should be under the Town. He believed that the Town's primary responsibility was the safety of the residents. Mayor Pro Tem Lamont commented that he was surprised by the lack of emotion shown by the MUD Directors after they canceled the ILA. Council Member Kurtz commented that the Council owed it to the Town and Fire/EMS personnel to prepare this ILA and for it to be managed by one structure. Mayor Sanders advised that he had requested from TCMUD No. 1 President Moss to provide the Town with the delineated issues and what they wished to accomplish. He stated that Council is ready to pursue addressing this matter. The vote was taken. Motion passed unanimously. ADJOURN Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 10:10 p.m. o Holly Fimbres Town Secretary/RMC) C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes January 26, 2016 Page 10 of 10