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Town Council Minutes - 09/08/2020TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 8, 2020; 7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, September 8, 2020. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Philip Shoffner Mayor Pro Tem Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Tommy Uzee Director of Community Development Mike Erwin Finance Manager Jill Lind Communications and Marketing Manager Mayor Sanders called the meeting to order at 7:00 PM and noted a quorum with Mayor Pro Tern Shoffner, Council Members Bone, Monger and Geraci. He noted that Council Member Monger was joining in via Skype. The Invocation was offered by Mayor Sanders as Pastor Brooks of Lake Cities Church of Christ was not able to attend. Mayor Sanders prayed that the Council be led by the holy spirit with wisdom, discernment, compassion, and understanding as they are guided throughout the meeting. The Pledges to the American Flag and Texas Flag were led by Mayor Sanders. PUBLIC COMMENT Richard French, resident at 30 Cypress Court (Hogan's Glen); expressed concern when heavy rains are experienced as it relates to Indian Creek Drive and the new Town Center Development (PD-30). He mentioned that one resident, Dee Baron, spoke before the Council and showed videos of how the drainage for PD-30 has failed. He added that for the last two years, Hogan's Glen has received heavy amounts of storm water with silt and sediment each time it rains. As PD-30 has continued to develop; and during a recent storm, the Police has had to close east bound traffic on Indian Creek Drive in which they have video evidence. He stated that residents that have lived in Trophy Club for 20 years have said that this had never happened prior to the construction of PD-30. Mr. French added that several neighbors have complained to the Town and to the TECQ who cited the development and despite this, PD-30 has continued to fail to address the issue. He stated that significant sediment was videoed during the last storm coming from the Town Center Development and being dumped directly into their pond and is against state and federal laws; which, is not being enforced. He added that this will only continue when the hotel and the development is completely built out. A professional survey company was hired to measure the silt in the ponds and found that 10-12 feet of sediment will need to be removed. He added that one estimate came in at $500,000 to carve out the sediment, remove it and haul it off. He stated that his hope was that the Town would review the videos and complaints sent in and recognize the failures with the new Town Center Development (PD-30) drainage that will need to be corrected. Town Council Minutes Sept. 8, 2020 Page 1 of 5 Town Secretary Vacek confirmed there were no additional speakers registered for Public Comment. ANNOUNCEMENTSANDREPORTS 1. Receive Town Manager Norwood's Update (S. Norwood). The Byron Apartment Complex Business Spotlight Ms. Lyndsey Gierisch reported that the Byron Apartments are open and mentioned that there are units still under construction and anticipated completion by the end of October. She noted their property consists of 250 units of 1, 2, and only five-3 bedroom townhomes which are all spoken for. She spoke of their beautiful pool courtyard, deck, and many modern features of the units. Mayor Sanders thanked Ms. Gierisch. 2. Take appropriate action issuing Proclamation 2020-09 Recognizing September 11, 2020 as Patriot Day in Trophy Club (Mayor Sanders). Mayor Sanders read the proclamation for Patriot Day in Trophy Club and presented it to Fire Chief Taylor. Mayor Sanders moved to approve the proclamation. Council Member Monger seconded the motion and recognized Council Member Geraci for enlisting right out of college and for his deployment. He thanked Council Member Geraci for his service. Council Member Geraci also thanked Council Member Monger for his service. The motion carried unanimously 5-0-0. CONSENTAGENDA All matters listed as Consent Agenda are considered to be routine and will be enacted by one motion. No separate discussion of these items will be held. Only items removed from the consent agenda will be considered individually. 3. Take appropriate action regarding the Town Council Regular Session Minutes dated 8-25-2020 (L. Vacek). 4. Take appropriate action regarding a contract with VersaTrust for IT Services for the Town of Trophy Club (S. Norwood). Council Member Bone move to approve Consent Items 3 and 4. Council Member Geraci seconded the motion. The motion carried unanimously5-0-0. INDIVIDUAL ITEMS S. Conduct a Public Hearing regarding a request to amend the Planned Development District 30 PD-30); located at the northeast corner of Trophy Club Drive and State Highway 114 to allow the use of Exterior Insulation Finish System (EIFS) on the first floor of a building and as a substitute for required masonry (S. Norwood). Mayor Sanders opened the public hearing at 7:14pm and asked for the staff presentation. Tommy Uzee presented the request noting that in December 2018, the Council approved a Specific Use Permit for the ALOFT Hotel (hotel) with less than 150 guest rooms. In April, 2019, the site plan was approved for the ALOFT Hotel which called for mostly a stucco fagade and decorative fiber cement panels near the entrance. The applicant for the ALOFT Hotel is requesting to use EIFS in lieu of stucco on the exterior fagade of the first floor. It was stated that Council had approved a stucco fagade for the hotel. He noted that EIFS is primarily made of foam insulation while stucco contains cement plaster. He reported that notice of request was sent to property owners within 200 feet of the hotel and published in the newspaper as required by State Law. He added that at the August 27, 2020 Planning and Zoning Commission Meeting; the request to use EIFS on the first floor of the ALOFT Hotel was denied with a vote of 4-3. Mayor Pro Tern Shoffner asked if prior to 2014, EIFS was not allowed on construction projects. Mr. Uzee replied that was his understanding. Council Member Geraci asked what type of material did their plans denote upon submission. Mr. Uzee stated their plans called for stucco. Council Member Geraci confirmed with staff that the material utilized and installed was not in compliance with our Ordinance and not approved by Town Staff. Town Council Minutes Sept. 8, 2020 Page 2 of 5 Mr. Paresh Patel, applicant for the request, addressed the Council by introducing the team with him that will be speaking on behalf of the ALOFT Hotel Project. Mr, Ron Smith, Architectural Engineer designed the ALOFT Hotel and stated he has been involved in the design of many Marriott Properties. He referenced pictures denoting that EIFS was approved above the first floor (floors 2-5) and noted that the area and section where the EIFS meets the Stucco would compromise the seal; thus, decided to go through the process to request that EIFS be used for the first floor. He spoke of EIFS providing a tighter and smoother finish as well as providing a better image long term. He also made mention of the high impact mesh that the EIFS calls for will provide a stronger better product. Brent Cannedy, with Specified Products of Lantana, TX addressed the Council stating that he sells both the EIFS and Stucco products. He showed a sample of the insulation board that would also meet the energy code. He explained the application of EIFS and Stucco in detail and mentioned the many penetration points with stucco, unlike EIFS. He added that by having one system and one weather barrier that is unpenetrated would provide for a better system long term providing for code compliance and weatherproofing. He mentioned that EIFS is recognized by Miami -Dade and Galveston as being hurricane resistant and noted that Texas Tech does all Missile Testing for the State of Florida where they shoot the walls for the tests and EIFS passes their tests, while traditional stucco does not. He reiterated that EIFS is more impact resistant and provides for a weather barrier which is not penetrated as stucco. There being no further discussion; Mayor Sanders closed the public hearing at 7:31 pm. 6. Take appropriate action regarding Ordinance 2020-12 for the Planned Development District 30 (PD30), to allow the use of Exterior Insulation Finish System (EIFS) on the first floor of the building and as a substitute for required masonry (S. Norwood). Mayor Pro Tern Shoff ner noted that he asked if EIFS was allowed prior to April 2014 because he knew that it was not. He stated that he was a very young Council Member at the time that PD-30 came before Council with many amendments; one being EIFS which came before Council. He recalled being told if EIFS was approved; said item would never come back to Council. He stated that he would not be able to support this item as many amendments have been approved, the request was not part of the original plan, and Planning and Zoning Commission denied the request He mentioned that the 2"d floor and above would be EIFS which would provide for the necessary savings being requested and again was told it would never come back to Council. He added that here he is in 2020 and such a request is being requested. . Mayor Sanders asked if the construction samples presented tonight were also presented to the Planning and Zoning Commission. Mr. Cannedy stated that he did not presented it during the Planning and Zoning Meeting as it was conducted via Zoom and was difficult to show. Mayor Sanders asked of the reinforcing mesh. Mr. Cannedy stated that the mesh was being proposed, as it was a 15oz reinforcement mesh per sq. yd. Mayor Sanders asked of the continuous product. Mr. Cannedy stated that the weather barrier is applied continuously from the ground floor all the way up as well as the insulation board. He noted that the preference of EIFS was not for financial reasons but for a constructability standpoint, prevention of having a break in two systems, and the application of high impact meshes that will protect the edges on all the trims. Council Member Geraci asked when did the General Contractor plan to notify the Town that a different product was being applied. Chad Henson, Project Manager replied that they had originally planned a portion with a mock up on the east side but by the time they knew; the crews had installed it on the entire east side. Council Member Geraci indicated that staff was notified by a neighbor who called in to report snow. Mr. Uzee confirmed that he checked a complaint and crews were sanding down material which looked like snow. Council Member Geraci asked when the contractor notified the Town of the change in the product. Mr. Patel stated that well before the mock-up; he received a call from Marriott who requested one system be used. Thereafter, he met with Mr. Uzee at Town Hall on the matter and Mr. Uzee stated that he would have to check with the Town Attorney on the change of product. He added that Mr. Uzee never got back to him. Council Member Geraci asked if anyone provided a change order in writing to the Town. Mr. Patel replied he did not. Mayor Sanders stated that Ordinance 2020-12 was before the Council and entertained a motion. Mayor Pro Tern Shoffner moved to uphold the denial recommended by the Planning and Zoning Commission. Council Member Geraci Town Council Minutes Sept. 8, 2020 Page 3 of 5 seconded the motion. Mayor Sanders stated that he felt it was a reasonable request as the product has evolved, thus providing some benefit. Council Member Geraci stated that since it was denied by Planning and Zoning, he would be accepting their recommendation. Mayor Pro Tem Shoffner added that several different Planning and Zoning Commissions have denied EIFS. The motion carried to deny the request as follows: AYE: Shoffner, Geraci, Bone, and Monger NAY: Mayor Sanders ABSENT: None 7. Conduct a Public Hearing on the Tax Rate of 0.446442 per $100 Valuation for the Town of Trophy Club (S. Norwood). Mayor Sanders opened the public hearing at 7:50 pm. Mike Erwin stated that he was available to answer questions, as this was the required public hearing for the tax rate as read. Mayor Sanders asked if there was anyone to speak on said item. There being none, Mayor Sanders closed the public hearing at 7:51 pm. 8. Take appropriate action regarding Ordinance 2020-14 Setting and Adopting the Tax Rate of $0.446442 per $100 Valuation for the Town of Trophy Club (S. Norwood). Mayor Sanders noted Ordinance 2020-14 was before the Council, which would require a roll call vote and entertained a motion. Council Member Bone moved to adopt Ordinance 2020-14. Council Member Geraci seconded the motion. Mayor Sanders conducted the roll call vote as follows: AYE: Mayor Pro Tem Shoffner, Council Members Geraci, Bone, Monger and Mayor Sanders NAY: None ABSENT: None The motion to adopt the Ordinance Setting and Adopting the Tax Rate carried unanimously 5-0-0. 9. Take appropriate action regarding Resolution 2020-13 Approving the Tax Roll for the Town of Trophy Club's FY 2020-21(S. Norwood). Mayor Sanders entertained a motion approving the Tax Roll. Council Member Bone moved to approve Resolution 2020-13, Council Member Geraci seconded the motion. The motion carried unanimously 5-0-0. 10. Take appropriate action regarding Resolution 2020-14 Approving the Annual Service and Assessment Plan for the Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 Setting the Date for a Public Hearing, Authorizing Publication of Notice and Direct Mailing (S. Norwood). Mayor Sanders provided a brief summary of the Emergency Services District and entertained a motion. Council Member Bone moved to approve Resolution 2020-14. Council Member Geraci seconded the motion. The motion carried unanimously 5-0-0. IL Take appropriate action regarding Ordinance 2020-15 Adopting the Annual Service and Assessment Plan and Assessment Roll (S. Norwood). Mayor Sanders entertained a motion for the adoption of the Annual Service and Assessment Plan; and the Assessment Roll. Council Member Geraci moved to adopt Ordinance 2020-15. Mayor Pro Tem Shoffner seconded the motion. The motion carried unanimously 5-M. 12. Take appropriate action to Reject Bids for the Entryway Monumentation Project (S. Norwood). Mr. Norwood stated that the bid was this was bid out properly but yet came in at least twice the amount of the previous bid, which is significant. He stated that it would be prudent to bid this out the latter part of the year rather than during the Summer as contractors are fairly busy with work. Mr. Carroll added that in assessing the bids; it was difficult to Town Council Minutes Sept. 8, 2020 Page 4 of 5 compare apples to apples as one bid called for a bond for each entryway site rather than one bond to cover the project. It was mentioned that the low bid of $89,000 previously received did not include any of the necessary add-ons while the low bid being considered today came in at $149,000 which was almost twice as much. Mayor Sanders moved to reject all bids. Council Member Monger seconded the motion. The motion carried unanimously 5-0-0. EXECUTIVE SESSION Mayor Sanders stated that there were no items planned for executive session. ADJOURNMENT There being no further business to discuss; Mayor Sanders adjourned the meeting at 8:01 pm. ATTEST: \,Ci"cek,TRMC/CMC MC TownSecretary/RMO C. Nick Sanders, Mayor Town Council Minutes Sept. 8, 2020 Page 5 of 5