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Minutes TC 02/09/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, February 9, 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, February 9, 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 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 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 Mike Pastor Information Services Director April Reiling PIO/Marketing Manager Ron Ruthven Town Planner Mayor Sanders announced the date of Tuesday, February 9, 2016, called the Town Council to order and announced a quorum at 7:01 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Mayor Pro Tem 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. 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 the Minutes dated January 12, 2016. (Town Secretary Note: Approved as presented at the dais) 2. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County Elections for administration of the Town's May 7, 2016 General and Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. 3. Consider and take appropriate action regarding an Ordinance repealing subsection "B", "Stop Signs", of Section 2.03 "Traffic Control Devices" of Article II, "Traffic & Vehicles" of Chapter 10 "Public Safety" of the Code of Ordinances of the Town and adopting a new subsection "B", "Stop Signs", of Section 2.03 "Traffic Control Devices" of Article II, "Traffic & Vehicles" of Chapter 10 "Public Safety" of the Code to designate stop intersections throughout the Town and authorizing the placement of stop signs at those intersections; providing for the incorporation of premises; providing for an amendment; providing for a cumulative repealer clause, providing for a severability clauses, providing for a publication clause; providing a penalty not to exceed two hundred dollars ($200); providing for an engrossment and enrollment clause; and providing an effective date. (Town Secretary Note: Approved as presented at the dais) 4. Consider and take appropriate action regarding the Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. 5. Consider and take appropriate action to award a contract to IPS Advisors, LLP to serve as the Insurance Broker for the Town; and authorizing the Town Manager to negotiate and execute all necessary documents. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Farrow, to approve the Consent Agenda Items 1 through 5. Motion passed unanimously. PUBLIC HEARING 6. Conduct a public hearing regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located within Planned Development No. 25, on Lot 2-112, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007. Mayor Sanders opened the public hearing at 7:07 p.m. There was no one present that wished to speak regarding the item. Conduct a public hearing regarding a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:08 p.m. Town Council Minutes February 9, 2016 Page 2 of 10 REGULAR SESSION 8. Consider and take appropriate action regarding a Proclamation of the Town Council declaring February 16, 2016 as Dennis McCreary Day in the Town of Trophy Club. Council Member Parrow read the proclamation into the record. Motion: Motion made by Council Member Parrow, seconded by Council Member Kurtz, to approve Proclamation No. 2016 01, declaring February 16, 2016 as Dennis McCreary Day in the Town of Trophy Club. Motion passed unanimously. 9. Consider and take appropriate action regarding a Resolution expressing the Towns support for a Texas Department of Transportation project regarding improvements to State Highway 114 between U.S. Highway 377 and Interstate 35W; and providing an effective date. Town Manager Seidel advised that this item expresses the Town's support of additional lanes to State Highway (SH) 114 as well as improvements to be made to SH 114 between U.S. Highway 377 and Interstate 35W. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Resolution No. 2016-03, expressing the Town's support for a Texas Department of Transportation project regarding improvements to SH 114 between U.S. Highway 377 and Interstate 35W; and providing an effective date of February 9, 2016. Don Boy, 5 Shasta Drive, inquired about the time frame for the proposed project. Nancy Cline, TxDOT Denton County Area Engineer, stated that the schematic design is expected to be approved by October 2016; therefore, it should be completed in 2017 or 2018. Nelson Underwood, TxDOT Project Manager, added that the schematic design is almost complete for a section of Highway 170 over Parish Lane and will be open to traffic no later than 2018. The vote was taken. Motion passed unanimously. 10. Receive presentation by Texas Department of Transportation regarding construction of a sound wall along State Highway 114 in conjunction with the reconstruction and widening of the highway; discussion of same. Nancy Cline, TxDOT Denton County Area Engineer, provided an update regarding the SH 114 project, which included area maps, the project description, and schedule. She commented that the construction let date is July 2016 and plans have to be received in Austin by May 2016. She provided two options for the sound wall location, which was to either place it in TxDOT right-of-way or the Town's right-of-way. John Polster, with Innovative Transportation Solutions, Denton County Transportation Consultant, clarified that the residents that are affected by the sound wall will be able to vote on a color and texture and that the Town will be able to vote on the traffic side of the wall. Discussion took place that the Town would encourage those residents that are affected by the wall to extend their side yard fence to the sound wall. Council Member Rowe pointed out that if not all the affected residents extended their side yard fence that would leave potential for the Town to have to maintain those three foot sections that were not accessible. Town Council Minutes February 9, 2016 Page 3 of 10 Nelson Underwood, TxDOT Project Manager, commented that if the wall were to be placed on the back property line that would complicate the project because they would have to maintain agreements from all the affected residents, which would compromise their construction let date of July 2016. Mrs. Cline commented that TxDOT was seeking input from the Council regarding the wall location. Council Member Parrow stated the he would lean towards the three foot option and have the affected residents contacted to make them aware that they will have the ability to vote on the surface and that they will be able to extend their side yard fence to the sound wall. Council Member Reed commented that he did not have a preference. Council Member Rowe abstained because his preference was not listed. Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Kurtz were in favor of the three foot option. Council Member Shoffner was in favor of the three foot option but he would like Staff to present options to mitigate those issues for affected residents at a future date. Mrs. Cline suggested that Staff meet with TxDOT representatives to discuss the fence material and color. Council Member Rowe requested that they be cognizant if the color is applied by paint because he did not want to create a maintenance issue for the affected residents. Mr. Polster clarified that the residents that would be contacted would be those that were identified through the noise analysis as benefit receptors to the project. He advised that those residents will be able to choose from basic form liners that the State offers at no additional cost and that they will be able to choose from a set palette of colors. Mayor Sanders thanked Mrs. Cline, Mr. Underwood, and Mr. Polster for their presentation. 11. Consider and take appropriate action regarding the Trophy Club Veterans Memorial; receive an update from the Trophy Club Women's Club; discussion of same. Connie White, Chair of the Trophy Club Women's Club, advised that a letter had been sent to individuals who purchased bricks. She provided an update regarding the Memorial, which included: a brief history of the project; up-to-date financials; overall design exhibit; symbolism and functionality of the architecture; proposed phasing; Phase I — Core; Phase II — Next Circle; Phase III — Outer Circle; Phase IV — Extend across Trail; TCWC's Plan; Veterans Committee Structure; Roles and Responsibilities of both Veterans Committee and Town; Impact of the Memorial; and Next Steps. Additionally, she displayed renderings of each proposed phasing. Discussion took place that the flagpole cost that Mrs. White presented was specific to the materials and that the Town provided the installation and labor portion of the flagpole. Additional conversation took place regarding the difficult task it would be for the TCWC to raise approximately $81,000 to complete Phase I and that the previously approved Phase I had not been completed. Council Member Shoff ner commented that he believed that the Town should proceed with completing the project as it was previously approved and build a parking lot that would service both the Memorial and the baseball facility. Discussion took place that there was a design that was previously approved and that the Council was not approached about expanding the project. Town Council Minutes February 9, 2016 Page 4 of 10 Mayor Sanders commented that he was in favor of the Veterans Memorial being a Town project with cooperation with another entity, with a document of understanding of who will carry the liability and proceed with the award of bid. Mrs. White commented that TCWC were seeking approval for Phase I as presented on February 9, 2016. Mayor Pro Tem Lamont commented that he believed that the Town will eventually have to take over the project; therefore it would be in the best interest for the Town to finish the original phase. Council Member Rowe pointed out that the Town owns the land and provides maintenance. He was concerned that a concept plan had been marketed without the Council's approval, which could have potentially affected taxpayers of the Town by making this a larger concept. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, that the Town complete the original approved design, add a sidewalk to connect the Memorial to the west sidewalk, change the mulch to turf, and add a parking lot tasking Staff to utilize hotel occupancy tax (HOT) funds. Council Member Shoffner stated that TCWC can approach the Council to expand the project at a future date but he desired the Council to complete the original design that was approved in 2012. Council Member Parrow stated that he was in favor of the Town overseeing the project and being supported by TCWC for the benefit of the veterans. Bill Splichal, resident and U.S. Army Veteran, stated that the veterans needed to be notified of this item to allow them to discuss their preference for the Memorial. Council Member Parrow recognized Mr. Splichal for his service and stated that he was a true hero who fought in World War II, the Korean War, and fought and maintained the Remagen Bridge, and survived the Battle of the Bulge. Donna Allen, with TCWC, stated that her husband, son, and son-in-law have all served and protected the Country. She advised that grants are being researched to possibly be used towards the Memorial project. She added that she has enjoyed the patriotism that the Town displays and that her husband served as the Grand Marshall this past year during the Parade of Patriots. Don Boy, 5 Shasta Drive, stated that the Memorial needed to honor veterans like Mr. Splichal and exhibit the respect that it deserved. He appreciated the cost and responsibilities that were provided by Mrs. White but he was interested in the cost that is readily available to meet those obligations. Mayor Sanders thanked TCWC and Stars and Stripes Club for all their efforts they have provided regarding the project. He stated that the Council was trying to accomplish the best option for everyone involved and to make the project successful. Mrs. White stated that TCWC would like to proceed with Phase I as presented on February 9, 2016 and that they will continue to raise funds. She recognized that their fundraising goal is large but they had to have a design in order to market the project. Mayor Pro Tem Lamont pointed out that HOT funds have limited use but they can be used towards the project. Council Member Reed stated that the Council owed it to the veterans and community to complete the Memorial and make it more cost effective to maintain. Town Council Minutes February 9, 2016 Page 5 of 10 The vote was taken. Motion passed unanimously. Mayor Sanders thanked Mrs. White for her presentation and the residents for their comments. RECESSED AT 9:17 P.M. FOR A BREAK RECONVENED AT 9:26 P.M. INTO REGULAR SESSION 12. Consider and take appropriate action regarding an Ordinance approving a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located within Planned Development No. 25, on Lot 2-112, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2016-03 P&Z, approving a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption in conjunction with a restaurant located within Planned Development No. 25, on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP -16-007; and providing an effective date of February 9, 2016. Drew Martin, with DM2 LLC, representative of OTD TC, LLC, stated that the restaurant theme is New Orleans based and that he would address any questions. The vote was taken Motion passed unanimously. 13. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046; and providing an effective date. Town Planner Ruthven advised that the item was for a zoning amendment that allowed the screening wall to be built as proposed, which will be a seven foot wall to be constructed adjacent to Bobcat Boulevard. He added that if the Council approved the zoning as it is currently proposed, an Interlocal Agreement for maintenance requirements and a Right -of -Way Encroachment Agreement would be presented at a future Council meeting. Additionally, he stated that there would be a one foot waiver for the fence height and that the Planning and Zoning (P&Z) Commission approved the item on January 21, 2016 with the following conditions: 1. That The Town Council approve an interlocal agreement with Roanoke requiring and specifying maintenance requirements and aesthetics of the wall. 2. That the Town Council review and determine if there should be a determination of value for the portion of right-of-way to be utilized for the fence and that value charged to the City of Roanoke. Dennis Sheridan, Chair of the P&Z Commission, stated that the plans the Commission reviewed was for a seven foot wall. He advised that he voted against the item because there was a similar stone wall by the water tower that he believed was unattractive. Additionally, he stated that the Zoning Board of Adjustment have been issuing waivers to residents allowing for a double fence who back up to a similar wall in Canterbury Hills. Cody Petree, Director of Community and Business Development with the City of Roanoke, 265 Marshall Creek, Roanoke, stated that they chose the proposed location because it was done as a large project for several subdivisions. He advised that Oncor would not allow the fence under their utility lines and after meeting with the gas company, they relinquished their easement. He added that the five feet off the common boundary would Town Council Minutes February 9, 2016 Page 6 of 10 allow them to maintain the area and that Roanoke had already purchased the fence. Additionally, he stated that it was Oncor's preference to have removable panels in case they needed access. Council Members Shoffner and Reed were in favor of the two Town Managers collaborating to come to an agreement of a concept that matches the Bob Cat area, such as a brick wall. Scooter Gierisch, Mayor of Roanoke, explained that Roanoke started a Neighborhood Vitality program and that they already had two successful neighborhoods with the same proposed masonry wall. He advised that Roanoke agreed to maintain the wall and requested that the Council move forward with the proposed wall, which would help improve the area. Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Ordinance No. 2016-04 P&Z, amending Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD -AMD -16-046; and providing an effective date. Discussion took place regarding the possibility that the wall could affect future Town development decisions. The vote was taken. Motion failed for lack of majority 1-6-0 with Mayor Sanders voting for, and Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting against. 14. Consider and take appropriate action regarding an Ordinance for Codification of Town Ordinances, repealing Ordinance No. 2006-14 and adopting a new Code of Ordinances of the Town of Trophy Club providing for effectiveness and repeal; providing ranges of penalties for violations with a maximum fine of $200 for violations of traffic laws, a maximum fine of $500 for violations of ordinances or police regulations, except that a maximum fine of $2,000 shall be imposed for a violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation; providing for publication; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Ordinance No. 2016- 05, repealing Ordinance No. 2006-14 and adopting a new Code of Ordinances of the Town of Trophy Club providing for effectiveness and repeal; providing ranges of penalties for violations with a maximum fine of $200 for violations of traffic laws, a maximum fine of $500 for violations of ordinances or police regulations, except that a maximum fine of $2,000 shall be imposed for a violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation; providing for publication; and providing an effective date; established a pig licensing fee of $5 per animal and established registration certificate for commercial establishment for dangerous wild animals of $50 per establishment. Council Member Parrow inquired about "Parts Fall/Spring" regarding Park Operational Hours within the Summary of Amendments. Town Manager Seidel advised that it was based upon daylight savings time when parks are open from dawn to dusk. The vote was taken. Motion passed unanimously. Town Council Minutes February 9, 2016 Page 7 of 10 15. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-25 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming existing appointments; and providing an effective date. Mayor Sanders stated that on behalf of the Town Council Appointments Committee there were several excellent candidates but only one seat was available. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Resolution No. 2016-01, repealing Resolution No. 2015-25 and appointing Tiffany Nimphius to fill one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming existing appointments; and providing an effective date. Council Member Rowe commented that there were a number of qualified candidates. The vote was taken. Motion passed unanimously. 16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-39 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date. Motion: Motion made by Mayor Sanders, seconded by Council Member Rowe, to approve Resolution No. 2016-02, repealing Resolution No. 2015-39 and appointing Jack Ormond to fill one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date. Motion passed unanimously. 17. Consider and take appropriate action regarding amendments to the Town Council Rules of Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner) Council Member Shoffner reviewed proposed recommendations regarding amendments to the Rules of Procedure specific to the following sections: Section 1.03.031, Authority; Section 1.03.035, Order of business; agenda; Section 1.03.037, Rules of decorum; and Section 1.03.038, Parliamentary motions and precedence. Discussion took place that the Rules of Procedure apply to all Boards, Commission, and Corporations and the presiding officer of each meeting maintains decorum of that meeting. Council Member Shoffner suggested that the Rules of Procedure be an addendum to the Handbook for Elected and Appointed Officials. Mayor Sanders requested to have this item presented at the February 23, 2016 Council meeting to allow for further review of the proposed amendments. No action was taken on this item. 18. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *License To Carry class *TxDOT SH 114 and SH 170 meeting *Park Board recommendations regarding aquatic facilities *Seasonal employee hiring *Town Hall Town Council Minutes February 9, 2016 Page 8 of 10 Town Manager Seidel updated the Council and addressed questions, no action was taken. Additionally, he requested further direction from the Council regarding the World Trade Center piece that was discussed at the Council Retreat specific to the location, intent of displaying the item, and the size. Discussion took place that the Trophy Club Fire Station would be the most appropriate location and that Council Member Parrow would approach the TCMUD No. 1 to see if there is any interest to pursue the piece of steel. 19. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for February 19, 2016 meeting and Special Called Council Agenda for February 23, 2016; and discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda 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 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. 8 -Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1 -February 9, 2016) Mayor Sanders requested to remove the following items from the Town Council Future Agenda Items list: • Item No. 3: Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1 -November 10, 2015) (2 -January 29, 2016) • Item No. 7: Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1 -August 25, 2015) (2 -December 8, 2015) (3 -March 8, 2016) • Item No. 9: To open the Council Rules of Procedure. (Shoffner 11/10/2015) (1 -February 9, 2016) EXECUTIVE SESSION 20. 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. 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. C. Section 551.074(a)(1) Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Council Minutes February 9, 2016 Page 9 of 10 (1) Town Attorney Patricia Adams terms of employment CONVENED INTO EXECUTIVE SESSION - START TIME —10:48 P.M. RECONVENED INTO REGULAR SESSION - START TIME —1:24 A.M. RECONVENED INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meetine adiourned at 1:24 a.m. on February 10 2016. 6&itll �-MbAAI Holly Fimbre ,Town Secretary/RMO Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Minutes February 9, 2016 Page 10 of 10