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Minutes TC 07/12/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Tuesday,July 12,2016 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, July 12, 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 Tern, 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 Steven Glickman Assistant Town Manager/CFO David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager Ron Ruthven Town Planner Mayor Sanders announced the date of Tuesday, July 12, 2016, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Parks and Recreation Director Adams. The Pledges to the American Flag and Texas Flag were led by Council Member Rowe. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Public Hearing; Item No. 11; Item No. 12; Item No. 14; Item No. 13; Item No. 15; Item No. 16; Item No. 17; Item No. 18; Item No. 19; Item No. 20; Item No. 21; Item No. 22; Item No. 23; and Item No. 24) 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. ANNOUNCEMENTS AND REPORTS 1. Town Manager Seidel's update regarding the following;discussion and provide input regarding same(Staff): *July 4th Celebration *Pebble Beach Drive, Pin Oak Court,Timberline Court *Cul-de-sac Medians and Proposed Changes Town Manager Seidel 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. 2. Consider and take appropriate action regarding the Minutes dated June 14, 2016 (Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet). 3. Consider and take appropriate action regarding the 2015 Consumer Confidence Report for the PID(Staff). 4. Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2016 (Staff). 5. Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection between the Town and Denton County for Tax Year 2016; and authorizing the Mayor or his designee to execute all necessary documents(Staff). 6. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2016(Infrastructure Assessment);and authorizing the Mayor or his designee to execute all necessary documents(Staff). 7. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2016 (Emergency Services Assessment - Fire Service); and authorizing the Mayor or his designee to execute all necessary documents(Staff). 8. Consider and take appropriate action regarding the award or rejection of bids for health and welfare benefits for the Town of Trophy Club; authorizing the Town Manager or his designee to execute all necessary documents(Staff). Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 2 through 8. Motion passed unanimously. PUBLIC HEARING 9. Conduct a public hearing regarding a request to amend Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, in order to amend the approved site plan for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3,Block B,Trophy Wood Business Center(Staff). Mayor Sanders opened the public hearing at 7:08 p.m. There was no one present that wished to speak regarding the item. Town Council Minutes July 12,2016 Page 2 of 12 10. Conduct a public hearing regarding a request for a Specific Use Permit for on-premise alcohol sales in conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B, Trophy Wood Business Center located at 725 Plaza Drive,Case SUP-16-009(Staff). There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:11 p.m. REGULAR SESSION 11. Consider and take appropriate action regarding a Resolution nominating one (1) member to serve on the Board of Managers of the Denco Area 9-1-1 District;and providing an effective date(Staff). Jim Carter provided a brief history of the Denco Area 9-1-1 District Board of Managers, highlighted his qualifications,and thanked the Council for their consideration. Mayor Pro Tem Lamont acknowledged Mr. Carter for his prior service as Mayor for the Town. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe,to approve Resolution No. 2016-17, nominating Jim Carter to serve on the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date of July 12, 2016. Motion passed unanimously. 12. Town Council to provide direction to Town Staff regarding the regulation of portable classrooms and other temporary uses(Staff). Town Planner Ruthven advised that the Planning and Zoning (P&Z) Commission had a workshop on June 23, 2016 to discuss the proposed amendments to the Temporary Use regulations within the Town's Code of Ordinances. He noted that the P&Z Commission would consider the amendments at their July 21,2016 meeting. Discussion took place regarding health and safety concerns,which are typically addressed through the Specific Use Permit process. Tim McClure, District Architect and Planner with Northwest Independent School District (NISD), stated that the feedback they had received from parents was to not take away the stage area or to have the art class go by cart to classrooms. He advised that changing the District's boundary lines are done in the Spring and could not occur this late in the year. Additionally, he stated that it had not yet been determined which classes would be scheduled to be located in the portable building. Conversation ensued regarding the inability to guarantee that the District's Bond Election would pass in May 2017 and the possibility that the portable building would remain for additional time. Council voiced their frustration that the District could have been better prepared to address their capacity issues. Mayor Sanders recommended placing a condition on a Temporary Use Permit to have it expire 30 days at the end of the school year in 2017, which would allow the District to provide an update the Council at that time. Council Member Shoffner asked if there would be any zoning violations if a portable building were allowed behind Samuel Beck Elementary. Town Planner Ruthven responded that the use of the portable building would be part of the principal use of the property; therefore, the portable building must comply with the principal building such as landscaping, parking,and masonry standards. Council Member Shoffner recommended having some of the health and safety items addressed, and he was in favor of receiving input from Police Chief Arata and Interim Fire Chief Lasky regarding safety and fire prevention. Town Council Minutes July 12, 2016 Page 3 of 12 Council Member Parrow pointed out that according to the Temporary Use regulations in the Code of Ordinances, a temporary use shall not be permitted nearer than two hundred fifty(250)feet to a residentially zoned district. The proposed building would be located approximately 180 feet from the PD 15 residential zoning district. Therefore, a waiver to this requirement would be required as part of the final approval. He recommended that the Temporary Use Permit be valid until the end of the Spring semester, and the District relocate their boundary lines at that time. Erin Myers, 10 Winstead Court, a Beck parent and former PTA President, advised that the District had not sent the parents any information particular to this item. She stated that school staff was not in favor of having a classroom on the stage or having the art class on a cart. The students would have to have a silent lunch for all grade levels in order to have a classroom on the stage. She noted that the teachers were in favor of the portable building, but the parents were not happy with either option. She believed that another option was to allow some students to go to Lakeview Elementary. Mayor Sanders was not in favor of the proposed amendment to the Town's Code of Ordinances to allow portable buildings in any zoning district. He preferred a way to approve a Temporary Use Permit that would be tied to a specific location and timeframe. Council Member Rowe preferred following a Temporary Use Permit process over pursuing provisions to the Town's ordinances to allow for portable buildings. Council Member Shoffner was concerned with children being placed in the portable building and having a buddy system in order to go to the restroom; therefore he was in favor of requiring bathrooms in the portable building through the Temporary Use Permit process. Additionally, he inquired if the District knew what grade levels would be placed in the portable building. Mr. McClure responded that it had not yet been determined which grade levels would be placed in the portable building, but most likely it would be the upper grade levels. Council Member Reed recommended that the District's new superintendent attend the Council meeting when this item was to be considered. Town Planner Ruthven advised that per the P&Z Commission direction, the next item for the P&Z Commission to consider would be the proposed amendments to the Town's Code of Ordinances, which would be considered by the Council at their August 9, 2016 meeting. After the amendments have been considered, the P&Z Commission and the Council would consider the Temporary Use Permit. Dennis Sheridan, Chair of the P&Z Commission, stated that the current Temporary Use Permit process does not list a school portable building. He inquired if the restriction on bathrooms could be implemented through the Temporary Use Permit process. Town Planner Ruthven responded that relating to public safety, there could be conditions requested as long as they were reasonable and prudent. Mayor Sanders requested that the new superintendent be contacted to be present at the Council meeting that this item would be considered. He was in favor of Staff continuing to review potential changes to the Temporary Use Permit process that would allow for other types of trailers only on public school property. No action was taken on this item. 13. Consider and take appropriate action regarding an Interlocal Agreement for Non-Standard Water and Wastewater Services between the Town and Trophy Club Municipal Utility District No. 1; and authorizing the Town Manager or his designee to execute all necessary documents(Staff). Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to approve an Interlocal Agreement for Non-Standard Water and Wastewater Services between the Town and Trophy Club Municipal Utility District No. 1;and authorizing the Town Manager or his designee to execute all necessary documents. Motion passed unanimously. Town Council Minutes July 12, 2016 Page 4 of 12 RECESSED AT 9:16 P.M. FOR A BREAK RECONVENED AT 9:25 P.M. INTO REGULAR SESSION 14. Consider and take appropriate action regarding the design of the Veterans Memorial; discussion of same (Staff). Mike Wilson, Project Manager with Teague Nall and Perkins (TNP), provided an update regarding the design of the Veterans Memorial, which included the following: an aerial of the location; existing site photos, original sketches approved in 2012; and design renderings of Option 1 and Option 2. Additionally, he advised that the six (6) obelisks would be bid as an alternate. Council Member Shoffner inquired about adding four (4) outside lights that were light-emitting diode (LED). Mr. Wilson responded that they planned to install in-ground mounted LED lighting that shined up at each obelisk, as well as on the flag. Council Member Parrow preferred Option 2 because the dedication pavers were not within the walkway. Main Motion: Main Motion made by Council Member Reed,seconded by Council Member Rowe,to approve Option 2. Alice Murphy, 101 Seminole Drive, President of the Trophy Club Women's Club, stated that she supported the military and law enforcement. She advised that she and other members of the Women's Club met with Staff in June 2016 to review how they could work with the Town to be involved with the Memorial. Carol Jansen, 195 Durango Drive,Vice President of the Trophy Club Women's Club, stated that representation of all the branches were included in their original design by having individual towers with a military emblem on each tower. She commented that the obelisks were added without their knowledge. Council Member Rowe advised that the action taken by the Council on February 9, 2016 was to proceed with the original design that was approved in 2012 with Town funds. Council Member Parrow clarified that when the presentation was done in February 2016, he made a suggestion to a few members of the Women's Club that a possible way for them to remain involved with the Memorial would be to contribute funds towards the obelisks. Mayor Sanders inquired about the original height of the towers. Ms.Jansen advised that the original six(6) cement towers were approximately four(4) feet with an angle on the top for the emblem. Additionally, she stated that the 25 memory bricks were planned to be placed in front of the flag. Council Member Shoffner commented that the bricks could be placed on the outside edges of the walkway, leaving the middle section clear for walking,which made Option 1 closer to the original design. Connie White, 119 Trophy Club Drive, was concerned that there was not much opportunity for the community to review the proposed designs and provide input. Conversation took place that the design was previously approved in 2012. Motion to Amend: Motion to Amend made by Council Member Rowe, seconded by Council Member Shoffner, to approve Option 2, requesting that when TNP comes back before Council with bids that they utilize the original design esthetic for the service towers. Town Manager Seidel requested that Staff work with TNP regarding the appropriate height and material of the towers. Town Council Minutes July 12, 2016 Page 5 of 12 The vote for the Motion to Amend was taken,to approve Option 2, requesting that when TNP comes back before Council with bids that they utilize the original design esthetic for the service towers. Motion to Amend passed unanimously. The vote for the Main Motion as Amended was taken, to approve Option 2, requesting that when TNP comes back before Council with bids that they utilize the original design esthetic for the service towers. Main Motion as Amended passed unanimously. 15. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, in order to amend the approved site plan for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3,Block B,Trophy Wood Business Center(Staff). James Ling,with Huling Enterprises LLC, briefly went over the transpired vote of the P&Z Commission regarding the color of windows. He stated that the exhibit displayed dark windows but pointed out that the written specifications on the architectural drawing had white windows and doors. He advised that Holiday Inn, as well as the owner, preferred white windows. Secondly, Holiday Inn and The Crooked Pint Ale House are requesting larger signs due to the location of the building from the highway. They requested to delete the Holiday Inn sign on the east side of the building and install a sign for the hotel and restaurant on the west side. Council Member Shoffner inquired about the misunderstanding between the developer and Staff. Town Planner Ruthven explained that the color elevations displayed dark window frames and the architectural elevations, that were approved on December 30, 2013, referred to the specification sheets, which at that point had not been submitted. When the specification sheets were submitted with the permit, they reflected the color white. He advised that the intent was for the window frames to be dark. Development Services Manager Cooke added that there was a discrepancy when the architectural elevations displayed dark windows and the specification sheets showed white windows. Instead of the developer proceeding with a Request for Information to resolve the discrepancy, they ordered white windows and installed one window which was addressed by Staff in March 2015, but they proceeded to install the remaining windows. Main Motion: Motion made by Mayor Pro Tern Lamont, seconded by Mayor Sanders, to approve Ordinance No. 2016-25 P&Z, amending Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, to amend the approved site plan for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3, Block B,Trophy Wood Business Center as follows: 1)Allow the current installed white windows and door frames and adding the white window dividers; 2) Change the following dimensions to signs already approved:South Elevation: Wall sign change from 4'1"x21' 3" dimensions to 5'1"x27'3" dimensions, West Elevation: Wall sign change from 3'1"x15'9" dimensions to 4'1"x21'3" dimensions; 3)East Elevation:Wall sign removed; 4) Approve an additional sign: South Elevation: 1 wall sign dimensions 2'4"x11'6", Location 11'7" above ground level along first floor plate,west of front door; and 5) Disallow the following sign request: At the West Elevation: Location 38'2" above ground level, immediately below the Holiday Inn sign. Motion to Amend: Motion to Amend made by Council Member Rowe, seconded by Council Member Kurtz, to allow the sign requested for the West Elevation: 1 wall sign. Dimensions: 2'8%"x13', Location: 38'2" above ground level, immediately below the Holiday Inn sign. Council Members Shoffner and Reed spoke against the motion because the primary business was the hotel and the restaurant was the secondary function of that business. They were concerned that given the height of the sign, it would remain if the restaurant did not succeed. Town Council Minutes July 12,2016 Page 6 of 12 The vote for the Motion to Amend was taken, to allow the sign requested for the West Elevation: 1 wall sign. Dimensions:2'814"x13', Location: 38'2"above ground level, immediately below the Holiday Inn sign. Motion to Amend failed for lack of majority 2-5-0 with Mayor Sander and Council Member Rowe voting for, and Mayor Pro Tern Lamont and Council Members Parrow, Reed, Kurtz, and Shoffner voting against. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Mayor Sanders, to remove the addition of the white window dividers. Council Member Shoffner remarked that he did not want to include white window dividers if the intention was for the hotel to have darker windows,which would help add separation between this hotel and the adjacent hotel. The vote for the Motion to Amend was taken,to remove the addition of the white window dividers. Motion passed unanimously. Motion to Amend: Motion to Amend made by Council Member Parrow, seconded by Council Member Reed, to remove the South Elevation: 1 wall sign. Dimensions: 2'4%,"x11'61/4", Location 11'71A" above ground level along first floor plate, west of front door. Council Member Shoffner spoke against the motion because several surrounding hotels have restaurant signs on the lower portion of the building. The vote for the Motion to Amend was taken, to remove the South Elevation: 1 wall sign. Dimensions: 2'41/2"x11'61/4", Location 11'7%4' above ground level along first floor plate,west of front door. Motion to Amend failed for lack of majority 1-6-0 with Council Member Parrow voting for, and Mayor Sanders, Mayor Pro Tern Lamont,and Council Members Reed, Rowe, Kurtz,and Shoffner voting against. The vote for the Main Motion as Amended was taken, to approve Ordinance No. 2016-25 P&Z, amending Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, to amend the approved site plan for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3, Block B,Trophy Wood Business Center as follows: 1)Allow the current installed white windows and door frames; 2) Change the following dimensions to signs already approved:South Elevation: Wall sign change from 4'1"x21' 3" dimensions to 5'1"x27'3" dimensions, West Elevation:Wall sign change from 3'1"x15'9" dimensions to 4'1"x21'3" dimensions; 3) East Elevation:Wall sign removed; 4) Approve an additional sign: South Elevation: 1 wall sign dimensions 2'4"x11'6", Location 11'7" above ground level along first floor plate,west of front door; and 5) Disallow the following sign request: At the West Elevation: Location 38'2" above ground level, immediately below the Holiday Inn sign. Main Motion as Amended passed unanimously. 16. Consider and take appropriate action regarding an Ordinance for a Specific Use Permit for on-premise alcohol sales in conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B,Trophy Wood Business Center located at 725 Plaza Drive,Case SUP-16-009(Staff). Motion: Motion made by Council Member Rowe, seconded by Mayor Sanders, to approve Ordinance No. 2016-26 P&Z, for a Specific Use Permit for on-premise alcohol sales in conjunction with a restaurant to be operated as part of a Holiday Inn Hotel,on Lot 3R3, Block B,Trophy Wood Business Center located at 725 Plaza Drive,Case SUP-16-009. Council Member Kurtz was in favor of the owner presenting the item and addressing how the restaurant would be operated. Town Council Minutes July 12,2016 Page 7 of 12 Discussion took place regarding the inability for the restaurant to sell alcohol if the Specific Use Permit were to be denied. Motion to Refer: Motion to Refer made by Council Member Shoffner,seconded by Council Member Reed, to an undetermined date. Mr. Ling commented that if the item were to be referred it would possibly cause a hardship on finishing the project; therefore, potentially causing the restaurant to pull out. Dennis Sheridan, Chair of the P&Z Commission, requested clarification on which entity would receive the Specific Use Permit. Town Planner Ruthven stated that the Specific Use Permit would be tied to land and not to the entity. Mr. Ling responded that the hotel is a franchise which is operated under Holiday Inn requirements similar to the restaurant being a franchise. Council discussed that the Specific Use Permit would allow for alcohol sales to be at 50 percent and that they wanted the owner to be present when the item was considered by the Council at a future date. The vote for the Motion to Refer was taken,to an undetermined date. Motion passed unanimously. 17. Consider and take appropriate action regarding a request to install an electronic message board within a new monument sign for Wonderland Montessori School located at 2500 Bobcat Boulevard, being located in the PD-27 zoning district,Case ME-16-003(Staff). Marvin Utter, with Razor Signs, addressed the concerns that the P&Z Commission had regarding the proposed electronic sign, which were: the high school advertising for other businesses; flashing of the electronic sign; and brightness of the sign. He advised that they would not have off-site advertisement, nor did they intend to have the sign flashing. He noted that some cities have eight(8) second restrictions for how often LED signs could alternate between messages, and he stated that the sign would have an automatic dimmer. Additionally, he commented that the sign would be an important aspect for the school to keep the parents informed. Main Motion: Main Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve the request as submitted with the following condition: that there would be no flashing videos or automations at a lower than eight(8)second interval. Mayor Sanders inquired about the resolution of the sign. Mr. Utter responded that it was a 16 millimeter sign. Council Member Rowe agreed that it was a low resolution sign and noted that the Town had four(4) other schools in Town with an electronic sign. Council Member Shoffner spoke against the motion in order to stay consistent with Ordinance No.2015-23 that was approved by the Council in October 2015. He provided a brief history that electronic signs were allowed prior to 2008 but were then prohibited. Additionally, he inquired if the approval of the request would be specific to the Wonderland Montessori School or the property owner. Town Planner Ruthven responded that the request was specific to the applicant, which was the Wonderland Montessori School. Council Member Parrow inquired about the grounds that the Council had to not approve the request if other electronic signs had been approved within the Town. Town Attorney Dodd responded that the Council could not restrict based on content and their regulatory authority would be for manner and means of communication such as restricting an eight(8)second delay. Town Council Minutes July 12,2016 Page 8 of 12 Dennis Sheridan, Chair of the P&Z Commission, noted that in several instances it was asked if they were setting precedence for the future when electronic signage was approved and that the advice given was that each case was individually acceptable or deniable based on a case-by-case scenario. Motion to Amend: Motion to Amend made by Mayor Pro Tern Lamont, seconded by Council Member Shoffner, to limit the time usage from 7 a.m.to 10 p.m. Discussion took place regarding the appropriate conditions that could be placed on the approval of the item. The vote for the Motion to Amend was taken,to limit the time usage from 7 a.m.to 10 p.m. Motion to Amend passed unanimously. The vote for the Main Motion as Amended was taken, to approve the request as submitted with the following conditions: that there would be no flashing videos or automations at a lower than eight (8) second interval and to limit the time usage from 7 a.m.to 10 p.m. Motion to Amend carried 5-2-0 with Mayor Sanders, Mayor Pro Tern Lamont, and Council Members Parrow, Rowe, and Kurtz voting for, and Council Members Reed and Shoffner voting against. Mr. Utter noted that the sign had to have constant power; therefore, a blank screen would be shown during the off hours. 18. Consider and take appropriate action regarding an Ordinance amending Chapter 1,"General Provisions"and Chapter 12, "Traffic and Vehicles" of the Town of Trophy Club Code of Ordinances to allow golf carts to be driven on designated paths and in designated areas; and providing a penalty and an effective date (P. Shoffner and G. Reed). Council Member Shoffner commented that there were additional changes that he would like to make to Article 12.07, Motorized Carts,and that he preferred to make all the changes at one time. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, to table the item until August 9, 2016. Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tern Lamont, and Council Members Parrow, Rowe, Kurtz,and Shoffner voting for,and Council Member Reed voting against. 19. Town Council to provide direction to Town Staff regarding the regulation of alcoholic beverages(Staff). Town Planner Ruthven advised that currently Town regulations allowed restaurants with alcoholic beverage sales, beer and wine sales for off-premise consumption, and liquor stores. On May 7, 2016,Trophy Club voters approved a local option referendum that allowed the legal sale of all alcoholic beverages including mixed beverages. The effect of this election was to enable the Town to allow a higher percentage of alcoholic beverage sales to food sales ratio in restaurants and to allow stand-alone bars and taverns. Additionally, he stated that Staff proposed amending the Town regulations to clarify the alcoholic beverage regulations and requested Council's direction. Council Member Rowe supported the four(4) proposed amendments to the regulations. He requested that a fifth category be added for a combination of on and off-premise in order for individuals to go to a tap room to have a beverage on-site and also be able to purchase the product to take it home (off-site). He provided an example of two cities that have proceeded in that direction, Highland Village and The Colony. No action was taken on this item. Town Council Minutes July 12,2016 Page 9 of 12 20. Consider and take appropriate action regarding the Board and Commission Appointment process and the Trophy Club Handbook for Elected and Appointed Officials;discussion of same(R. Rowe and N.Sanders). Mayor Sanders advised that there were instances where it was appropriate for individuals to serve on more than one board or commission, specifically the Zoning Board of Adjustment (ZBA) and Building Standards Commission (BSC). Additionally, he noted that under the Residency Requirements of the Handbook for Elected and Appointed Officials, language could be added that a person serving as a member must reside within the Town unless otherwise allowed in the specific ordinance that created the Board, Commission,or Corporation. Council Member Rowe recommended utilizing a dual appointment process when making appointments to the Economic Development Corporation (EDC) 4B and Tax Increment Reinvestment Zone (TIRZ) No. 1, excluding the Tarrant County Official and creating additional positions on the TIRZ No. 1 to be consistent with EDC 4B. Council Member Reed recommended that the Chair on each Board, Commission, and Corporation be a member of the Ethics Commission. No action was taken on this item. 21. Consider and take appropriate action regarding acceptance of the budget adopted by the Crime Control and Prevention District and ordering a public hearing August 9, 2016 on the budget to be held in accordance with State law(Staff). Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to accept the budget adopted by the Crime Control and Prevention District and ordering a public hearing August 9, 2016 on the budget to be held in accordance with State law. Council Member Shoffner inquired about putting the item for uniforms under the General Fund. Police Chief Arata advised that the uniforms were listed under the CCPD budget because it was part of the replacement program, which will occur every five(5)years,for the older vests. Council Member Shoffner asked why Professional Outside Services was split between the CCPD budget and the General Fund budget. Assistant Town Manager/CFO Glickman responded that it was a supplemental item for CCPD that is funded by salary savings for a consultant to process evidence. The vote was taken. Motion passed unanimously. 22. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2015-2016 Budget of the Town of Trophy Club (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to services and supplies for various departments, revenues not included in the original budget, personnel changes, incentive agreements, and debt service; an amendment to increase a budgeted transfer of funds;and providing an effective date(Staff). Motion: Motion made by Council Member Rowe, seconded by Mayor Sanders, to approve Ordinance No. 2016-24, amending the Fiscal Year 2015-2016 Budget of the Town of Trophy Club (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to services and supplies for various departments, revenues not included in the original budget, personnel changes, incentive agreements, and debt service; an amendment to increase a budgeted transfer of funds; and providing an effective date of July 12, 2016. Council Member Shoffner inquired about the decrease in pool revenue and if any reductions were made to help offset the decrease. Parks and Recreation Director Adams responded that they have been sending lifeguard staff home when there is little traffic at the pool. Town Council Minutes July 12, 2016 Page 10 of 12 The vote was taken. Motion passed unanimously. 23. Workshop with Council to discuss all other funds in the Town budget and provide direction to Town Staff or take appropriate action(Staff). Assistant Town Manager/CFO Glickman provided a presentation that included the following: Debt Service Fund; Capital Projects Fund; Court Security Fund; Court Technology Fund; CCPD; EDC 4B; Hotel Occupancy; Street Maintenance Sales Tax; TIRZ No. 1; Recreation Program Fund; Anniversary Fund; Storm Drainage Fund; Trophy Club Park; and Capital Improvement Program. Council Member Shoffner inquired about the estimated Fiscal Year 2016 Hotel Occupancy revenues being down. Assistant Town Manager/CFO Glickman responded that was due to a couple of the hotels not opening as had been projected. Council Member Shoffner commented that if the street panel replacements were successful, then he would like to continue replacing sections of streets verses the entire street in order to extend the life of them. Discussion took place regarding expenditures from the TIRZ No. 1 budget related to updated incentive agreements. Council Member Shoffner recommended placing the remaining Anniversary Fund's in the General Fund budget. Conversation ensued regarding grant funding for Trophy Club Park and possibly reviewing another option for the high credit card fees attained for Trophy Club Park. Discussion took place that the Capital Improvement Program list displayed when the projects would begin and end based on the year(s)funding was shown. 24. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for August 9, 2016 meeting and items from 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.9-Detail review of the nuisance ordinance.(Rowe 4/12/2016)(1-July 12,2016) Mayor Sanders requested to add an item to the Town Council Future Agenda Items list: Discussion of PD 21 related to signage specific to window signs and monument signage. Council Member Shoffner requested to add an item to the Town Council Future Agenda Items list: Consider repealing Section 14.02.253(3)(A)related to tree houses. Town Manager Seidel provided an update regarding the proposed changes to the Interlocal Cooperation Agreement for Administration of Fire Protection Services and the list of questions. EXECUTIVE SESSION (TOWN SECRETARY NOTE:THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION) Town Council Minutes July 12,2016 Page 11 of 12 25. Pursuant to the following designated sections 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 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)): Legal advice regarding fire and emergency medical services,Interlocal Agreements with the Trophy Club Municipal Utility District No. 1 for Fire Department Services,Personnel Services,and related matters. B. Section 551.072 Deliberations regarding Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Trophy Club Fire Station C. Section 551.074 Personnel Matters to discuss or deliberate the appointment,employment, evaluation, reassignment,duties,discipline or dismissal of a public officer or employee: Trophy Club Fire and EMS Personnel 26. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Reed, seconded by Council Member Kurtz,to adjourn the meeting at 11:22 p.m. Motion passed unanimously. + =1- O F Cwt Holly Fimbre Town Secretary :! 0 ` C. Nick Sanders, Mayor Town of Trophy Club,Texas G Town of Trophy Club,Texas p y (D i * Town Council Minutes July 12,2016 Page 12 of 12