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Minutes TC 03/22/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, March 22, 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, March 22, 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 arrived at 7:33 p.m. Philip Shaffner 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 Keith Burris Detective Sergeant Pat Cooke Development Services Manager Mike Pastor Information Services Director April Reiling PIC/Marketing Manager Ron Ruthven Town Planner Tom Rutledge Town Engineer Danny Thomas Fire Chief Mayor Sanders announced the date of Tuesday, March 22, 2016, called the Town Council to order and announced a quorum at 7:01 p.m. The Invocation was offered by Mayor Sanders. The Pledges were led by Council Member Shoffner. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Public Hearing; Item No. 16; Item No. 17; Item No. 12; Item No. 13; Item No. 14; Item No. 15; Item No. 18; Item No. 19; and Item No. 20) 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. Neil Twomey, 203 Oakmont Drive, addressed the Council regarding a request from Bill Rose for the Town to join a Rate Order appeal filed with the Texas Public Utility Commission (PUC) that was discussed at the October 13, 2015, Council meeting. Additionally, he discussed discrepancies with the calculated commercial waste water statistics that Mr. Rose had submitted. ANNOUNCEMENTS AND REPORTS 1. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Good Friday holiday *Easter Eggstravaganza *Bread Winners Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. 2. Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, March 21, 2016 Council Liaison - Council Member Philip Shaffner Council Member Shoffner updated the Council and addressed questions; no action was taken on this item. 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. 3. Consider and take appropriate action regarding the Minutes dated February 23, 2016. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 4. Consider and take appropriate action regarding a request by the Trophy Club Women's Club for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2016, Case TUP-16-007. 5. Consider and take appropriate action regarding financial and variance report dated February 2016. 6. Consider and take appropriate action regarding an Ordinance repealing Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of the Town of Trophy Club Code of Ordinances; and adopting a new Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council; and providing an effective date. 7. Consider and take appropriate action regarding calling a Special Council meeting to be held on March 29, 2016, at 7 p.m. in the Svore Municipal Building Boardroom located at 100 Municipal Drive, Trophy Club, Texas. 8. Consider and take appropriate action regarding a Letter of Agreement between the Town and Meat U Anywhere BBQ for use of the Town logo; authorizing the Mayor or his designee to execute all necessary documents. 9. Consider and take appropriate action regarding a Proclamation proclaiming April 11, 2016, as Parkinson's Disease Day in Trophy Club. 10. Consider and take appropriate action regarding a Proclamation proclaiming April 5, 2016 as Mayors Day of Recognition for National Service in the Town of Trophy Club. Town Council Minutes March 22, 2016 Page 2 of 8 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda Items 3 through 10. Motion passed unanimously. PUBLIC HEARING 11. Conduct a public hearing regarding a request to amend a Conditional Use Permit for a wireless antenna facility located within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court by expanding the total lease area from 0.006 acres to 0.016 acres, Case CUP -16-008. Mayor Sanders opened the public hearing at 7:16 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 7:17 p.m. REGULAR SESSION 12. Consider and take appropriate action regarding the acceptance of the Audit for the Town of Trophy Club, Fiscal Year 2015. John DeBurro, Senior Audit Manager with Weaver and Tidwell, LLP, provided the Audit presentation, which included: the Engagement Team; Audit Process; Required Communications to those in Charge of Governance; Auditor Results; Financial Highlights; and Standards Required to be Implemented in Fiscal Year 2016. Additionally, he advised that the Town was issued an unmodified opinion, which is the highest level opinion that the Town could receive. Town Manager Seidel thanked Mr. DeBurro and his team for their hard work. He recognized Assistant Town Manager/CFO Steven Glickman, Town Controller Amber Karkauskas, Chief Financial Analyst April Ezell, and Strategic Services Coordinator John Zagurski for their assistance during the process. Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to accept the Audit for the Town of Trophy Club, Fiscal Year 2015. Motion passed unanimously. 13. Consider and take appropriate action regarding Trophy Club Drive at Marshall Creek for road improvements and bridge; receive a presentation from Teague Nall & Perkins; discussion of same. Town Engineer Tom Rutledge provided a presentation, which included the following exhibits: existing Trophy Club Drive bridge at Marshall Creek; Trophy Club Storm Water Master Plan from 2011; Option of a 100 -year event level structure - 450' bridge structure with the roadway being raised by approximately six feet; Option of a 25 -year event level structure - eight barrel 12'x10' box culverts with the roadway being raised by approximately six feet; and sample photos of bridges. He explained that a 100 -year storm event refers to rainfall totals that have a one percent probability of occurring at that particular location in that year, and a 25 -year storm event occurs more frequently and the probability rises. He discussed the related cost for the 25 -year event level structure and for the 100 -year event level structure. Additionally, he advised that the roadway will have to be kept open during construction, which will be approximately nine months. Council Member Shoffner pointed out that projects that have been completed within the last five years have been designed as 100 -year event level projects. He believed that the bridge at Trophy Club Drive and Marshall Creek Town Council Minutes March 22, 2016 Page 3 of 8 should be designed as a 100 -year event level, which connects both sides of the Town. Council Member Rowe commented that he would like to see what the projected impact would be for the immediate surrounding area if it were to be a 100 -year event project. Discussion took place regarding the development of the Town of Westlake and the possibility that the Town of Trophy Club will receive additional water runoff that cannot be absorbed into the ground. Mayor Sanders commented that he would like to see statistics regarding flooding in the area. He asked that the item regarding the bridge be brought back to the Council for additional discussion. No action was taken on this item. 14. Consider and take appropriate action regarding a preliminary plat for Trophy Club Town Center Addition containing 26.4 acres located within the PD 30 zoning district between State Highway 114, Trophy Club Drive and Indian Creek Drive, Case PP -15-029. Town Planner Ruthven presented the Preliminary Plat update and advised the Planning and Zoning (P&Z) Commission approved the item at their March 10, 2016 meeting, with the following conditions: (1) That the Town home lots be redesigned to conform to the PD, specifically 20 foot wide; (2) That property lines come off of road and not in the centerline; (3) That common areas in the circulation zone be individually identified with common area lots; (4) That the metes and bounds property description conform to the PD zoning description; and (5) That all building lots be located outside of the flood plain. Joshua Millsap, with Bury representing JSB Properties, LP, stated that they have addressed Condition Items 1-4. He commented that the townhome developer could have the ability at a future date to make modifications to the flood plain, regarding Condition Item No. 5, which would affect two or three of the townhome lots. Dennis Sheridan, Chair of the P&Z Commission, commented that a building permit could still be issued if part of the property is in the flood plain. He advised that a mortgage company has the ability to require the homeowner to carry flood insurance. Discussion took place regarding options that could be done to solve the flood plain issue by possibly pursuing a Conditional Letter of Map Revision. Motion: Motion made by Council Member Reed, seconded by Council Member Parrow, to approve the preliminary plat for Trophy Club Town Center Addition containing 26.4 acres located within the PD 30 zoning district between State Highway 114, Trophy Club Drive and Indian Creek Drive, Case PP -15-029, with the five conditions made by the P&Z Commission. Discussion took place that there have been other plats that have been approved that had portions of the property within a flood plain. The vote was taken. Motion carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz and Shoffner voting for, and Mayor Pro Tem Lamont voting against. Town Council Minutes March 22, 2016 Page 4 of 8 15. Consider and take appropriate action regarding a request to install an electronic message board within an existing monument sign located at 101 Trophy Club Drive, Fellowship United Methodist Church, being located in the NS -Neighborhood Services zoning district, Case ME -16-002. Town Planner Ruthven advised that the P&Z Commission approved the request as presented at their March 10, 2016, meeting. Mr. Sheridan commented that the P&Z Commission was divided and that their concern was over the sign flashing and traffic safety. He advised that the applicant would lower the brightness of the sign at a certain hour. Jeff Wright, General Manager with Legacy Signs of Texas representing Fellowship United Methodist Church, advised that the display length of time can be changed. He stated that the average nits, measure of brightness, is brighter during the day but reduces automatically by about 60 percent during the night. Mayor Pro Tem Lamont clarified that each request to install an electronic message board would have to be approved by the Council. Council Member Reed commented that he believed that there could potentially be a light issue if they continue to approve request for electronic message boards. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve a request to install an electronic message board within an existing monument sign located at 101 Trophy Club Drive, Fellowship United Methodist Church, being located in the NS -Neighborhood Services zoning district, Case ME -16-002. Council Member Shoffner stated that the Council has made a conservative effort to control signage within the Town because of the prior issues with a plethora of placements of signage. He believed that having constant signage would open the door for other requests and it would be difficult to mandate which ones to allow. Mayor Sanders recognized that Fellowship United Methodist Church would have the capability to adjust their signage if they received complaints about brightness. Chris Rauch, 2 Overhill Drive, clarified that the sign will not be flashing. He stated that they have a large portion of residents that attend their church, and that their intention is to invite and inform the residents. Pastor Edlin, Fellowship United Methodist Church, stated that they will do what is needed to be a good neighbor and that they would be willing to turn the sign off at a certain time. The vote was taken. Motion carried 4-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Rowe and Kurtz voting for, and Council Members Parrow, Reed, and Shoffner voting against. RECESSED AT 9:02 P.M. FOR A BREAK RECONVENED AT 9:10 P.M. INTO REGULAR SESSION 16. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2015-36 P&Z approving a Conditional Use Permit for a wireless antenna facility located within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court by expanding the total lease area from 0.006 acres to 0.016 acres, Case CUP -16-008. Kathy Zibilich, Attorney with Griffin Harris PLLC representing Verizon Wireless, was present to address any questions regarding Item No. 16 and Item No. 17. Town Council Minutes March 22, 2016 Page 5 of 8 Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2016-10 P&Z, amending Ordinance No. 2015-36 P&Z approving a Conditional Use Permit for a wireless antenna facility located within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court by expanding the total lease area from 0.006 acres to 0.016 acres, Case CUP -16-008. Motion passed unanimously. 17. Consider and take appropriate action regarding an amended Lease Agreement between the Town and Verizon Wireless, for a wireless antenna facility located along State Highway 114 between Trophy Lake Drive and Trophy Club Drive; and authorizing the Mayor or his designee to execute all necessary documents. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve an amended Lease Agreement between the Town and Verizon Wireless, for a wireless antenna facility located along State Highway 114 between Trophy Lake Drive and Trophy Club Drive; and authorizing the Mayor or his designee to execute all necessary documents. Motion passed unanimously. 18. Consider and take appropriate action regarding the scope and budget of the Town Hall project; discussion of same. Council Member Reed stated that he placed this item on the agenda. He was concerned that the current under budget amount would not be valid in the near future because he had firsthand experience that the cost of materials is increasing at a rapid pace. He addressed concerns that have been on social media regarding diminishing the quality of the facility and stated that he believed that the Council was delivering a quality product. Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to remove the fencing around the Police Department parking lot. Council Member Reed commented that there are other Police Departments in the area that are in close proximity to the highway that do not have security fencing. He was concerned about the facility being over budget and he believed that this item could be installed at a later time. Council Member Farrow believed that the fence could be more costly to install if they delayed the installation. Mayor Sanders was not supportive of the motion and he commented that he would support the option to pursue the fencing as a separate bid. Discussion took place regarding action that the Crime Control and Prevention District Board took at their February 25, 2016, meeting for funding of the new Police Department, which included secured fencing. Council Member Rowe supported the motion because it is an external feature that can be added at a future date. He was concerned that they could be put in a position to have to reduce items too far into the process, putting them in an even harder predicament. Town Manager Seidel commented that many items are being bid as add alternates and that this item could be added to that list. The vote was taken, to remove the fencing around the Police Department parking lot. Motion carried 5-2-0 with Mayor Pro Tem Lamont and Council Members Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Sanders and Council Member Farrow voting against. Town Council Minutes March 22, 2016 Page 6 of 8 Main Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to remove the two holding cells designed to be in the Police Department. Council Member Reed commented that currently individuals are taken to Denton County. When compared to the expense to construct the cells, the amount of dedicated space they will take up, and the limited amount of time they would be used for, he believed the space could be utilized for an additional office or storage space needed in the future. Discussion took place that the plumbing would have to be planned out today if a holding cell were to ever be added in the future. Council Member Parrow commented that the current situation would not reflect the possible future increase in arrests with additional development about to take place. Council Member Shoffner spoke in favor of the motion because additional storage will become a necessity in the future. He commented that the Town has not had a holding facility for 30 years and if arrests are made they are taken to Denton County. He added that other alternatives are being explored, such as using Roanoke or Keller. Motion to Amend: Motion to Amend made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to plumb for one holding cell under the slab. Motion to Amend carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont and Council Members Reed, Rowe, Kurtz, and Shoffner voting for, and Council Member Parrow voting against. Discussion took place about the approximate expense of the two holding cells versus plumbing for one holding cell. The vote for the Main Motion as Amended was taken, to remove the two holding cells designed to be in the Police Department, and to plumb for one holding cell under the slab. Main Motion as Amended carried 5-2-0 with Mayor Pro Tem Lamont and Council Members Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Sanders and Council Member Parrow voting against. 19. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-23 and adopting a new Resolution appointing a Town Council Liaison to serve on the Animal Shelter Advisory Board; reaffirming existing appointments; and providing an effective date. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve Resolution No. 2016-08, repealing Resolution No. 2015-23 and adopting a new Resolution appointing Council Member Philip Shoffner as the Town Council Liaison to serve on the Animal Shelter Advisory Board; reaffirming existing appointments; and providing an effective date of March 22, 2016. Council Member Shoffner commented that the Council has tasked the Board with items that are still pending and that he believed having a Council Liaison will assist connecting the Animal Shelter Advisory Board with the Parks and Recreation Board. The vote was taken. Motion passed unanimously. Town Council Minutes March 22, 2016 Page 7 of 8 20. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for April 12, 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 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. Mayor Sander requested to have Item No. 7, from the Town Council Future Agenda Items list, as an action item on the April 12, 2016 Council agenda: Discussion to change park hours to stay open until 10 p.m. and clearly note change on new signage. (Reed 1/12/2016) (1 -April 12, 2016). EXECUTIVE SESSION (TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION) 21. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 55.1.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 (1) and (2) Consultation with Attorney seeking advice of its attorney regarding pending or contemplated litigation or a settlement offer or to consult 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. 1. Patricia Adams, Town Attorney - Terms of employment RECONVENED INTO REGULAR SESSION 22. 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 Council Member Kurtz, to adjourn. Motion carried unanimously. Meeting adjourned�'1 f� � spy Holly Fimbres, own Secretar MO C. Nick Sanders, Mayor Town of Trop y Club, Texas Town of Trophy Club, Texas Ry 1 N Town Council Minutes March 22, 2016 Page 8 of 8