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Minutes TC 01/12/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, January 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, January 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 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 Shoff ner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Shannon Montgomery Executive Secretary/Records Analyst Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager Danny Thomas Fire Chief April Reiling PIO/Marketing Manager Mayor Sanders announced the date of Tuesday, January 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 were led by Council Member Rowe. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Item No. 1; Consent Agenda; Item No. 7; Item No. 8; Item No. 9; Item No. 10; Item No. 11; Item No. 12; Item No. 14; Item No. 15; Item No. 16; Executive Session; Item No. 13; and Item No. 18) 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. Danny Mayer, 2201 Prestwick Avenue, updated the Town Council regarding the Trophy Club Public Improvement District (PID) water rate appeal and application; the Trophy Club Municipal Utility District No. 1 appeal is moving forward and a court date will be set soon. Mr. Mayer asked Council to join as a party once the PID water rate appeal is approved and moves forward. Neil Twomey, 203 Oakmont Drive, presented the Town Council with a handout concerning the PID water rate appeal and his calculations regarding water rates. ANNOUNCEMENTS 1. Receive announcements from the Mayor regarding the following; discussion of same: *Fire Chief Danny Thomas' retirement; and *Public Improvement District (PID) No. 1 refunding Mayor Sanders announced that after 34 years, Fire Chief Danny Thomas will be retiring on June 3, 2016. He then thanked both Fire Chief Thomas and his wife, Tammy, for their service and commitment to the Town of Trophy Club. Fire Chief Thomas thanked the Council and residents and expressed his appreciation of both. Jeannette Tiffany, 44 Cypress Court, thanked Fire Chief Thomas for his support, help, and commitment to "Stars and Stripes". Neil Twomey, 203 Oakmont Drive, stated that Trophy Club has a great fire department, due to Fire Chief Thomas and his management of staff and equipment. Mr. Twomey also shared that after every incident, only positive comments are shared and it is a credit to Fire Chief Thomas and his wife, Tammy, who stands behind him. Janet Lamont, 15 Avalon Drive, thanked Fire Chief Thomas for keeping the Town safe and for everything both he and his wife do for the Town. Mayor Sanders stated that a reception in honor of Fire Chief Thomas is in the planning stages and information will be sent out once a date is set. Mayor Sanders made a statement regarding the PID refunding which includes $16.4 million in savings and shortened the life of the bond by five (5) years. The $16.4 million refund results in approximately $11,675 savings in future assessments over the life of the bond to each property owner who had not previously paid off their assessments. Additionally, he thanked Staff, especially the Finance Department, for their diligent work in getting the refunding process completed. 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 November 23, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet). 3. Consider and take appropriate action regarding the Minutes dated December 8, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet). 4. Consider and take appropriate action regarding financial and variance report dated November 2015. Town Council Minutes January 12, 2016 Page 2 of 10 S. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town and Denton County for Ambulance Services to Denton County residents, and authorizing the Mayor or his designee to execute all necessary documents. (Town Secretary Note: Approved as presented at the dais). 6. Consider and take appropriate action regarding the approval of an expenditure from the Court Security Fund for the purchase of the signage to comply with State Law regulating concealed and open carry of a firearm. Motion: Motion made by Council Member Farrow, seconded by Council Member Shoffner, to approve Consent Agenda Items 2 through 6, including the Interlocal Cooperation Agreement between the Town and Denton County for Ambulance Services as presented at the dais. Motion passed unanimously. REGULAR SESSION 7. Receive an update from Town Staff regarding the Issuance and Sale of the Town of Trophy Club Public Improvement District (PID) No. 1 Special Assessment Revenue Refunding Bonds, Series 2015; discussion of same. Town Manager Seidel commented that the Mayor did a great job in his earlier announcement of the refunding. Council Member Shoffner echoed what the Mayor and Town Manager Seidel previously stated and explained how Mayor Pro Tem Lamont pushed the Bond Council to get this completed by the end of the year. He stated that Staff had a lot of leg work to do to get this accomplished and thanked Town Manager Seidel, Assistant Town Manager/CFO Glickman, and the Finance Department - Amber Karkauskas, April Ezell, and John Zagurski. Town Manager Seidel gave PIO/Marketing Manager Reiling credit for undertaking the complexity of this topic and getting it written for the press release. No action was taken on this item. 8. Consider and take appropriate action regarding the Trophy Club Veterans Memorial location. Mayor Sanders stated that he placed this on the agenda because a critical time was approaching in the design process of the new facility and he wanted to have a discussion regarding the Memorial's location only. He advised that now is the time to consider the location and if Council preferred that the Veterans Memorial move, if not, then the Veterans Memorial will stay at its current location. Additionally, he requested that an affirmative action be taken to either keep the Memorial at its current location or to move it so that the action is recorded appropriately. Council Member Shoffner presented the Council with a summary of the Veterans Memorial. He explained that he researched the Memorial and believed that in 2003 the Memorial started out as a project for the Boy Scouts. The presentation started with an image from June 12, 2011 and he stated that on September 4, 2012 the Garden Club, of the Trophy Club Women's Club (TCWC), came before Council with a proposal of turning the area into a Veterans Memorial. He played an excerpt of the meeting's video and explained that the previous Town Manager Mike Slye, brought this item before Council as he thought it should be Council's authority to make decisions that related to public land. Town Council Minutes January 12, 2016 Page 3 of 10 Carol Jansen of the TCWC, explained how TCWC wanted to designate a Veterans Memorial inside of Independence Park West between Beck and Medlin where the picnic tables are located within the landscaped area. TCWC would like to purchase a lighted American flag pole, which TCWC would maintain and replace the flag when needed. Ms. Jansen stated that the initial step would be to purchase the flag and pole and that they would like to have it completed by November 11, 2012, to allow for a Veterans ceremony. In the future, the TCWC would like to implement dedication bricks for purchase and have a walled sitting area. The previous Council unanimously approved the request of the landscaped area be used for the Veterans Memorial. Council Member Shoffner reiterated that the circle with the flag pole in the rendering was what Council approved. Council Member Shoffner fast forwarded to the August 12, 2014 Council meeting where Jan Tomlinson, Chair of the Trophy Club Gardeners, a division of TCWC, and also the Chair of the Military Veterans Memorial, explained that the project began in 2011 and how the evolution of the Veterans Memorial came to fruition and the plans for expansion. At this meeting, Council approved a motion to approve participation in the TCWC construction of the Veterans Memorial by providing the grading, framing, and the pouring of the concrete as recommended by the Town Staff. Council Member Shoffner moved forward, showing a November 2, 2014 aerial with the walkway and benches installed and then showed the most recent aerial from July 14, 2015 of the Veterans Memorial. The July 14, 2015 aerial showed what has been approved by Council — the circle proposal. Council Member Shoffner recapped his presentation, stating he wanted to show Council where the Veterans Memorial began and where it is today; nothing other than the circle and walkway have been approved. He stated that the Council had not been involved in the planning process of the Veterans Memorial. Additionally, he emphasized that this is public land with improvements and it comes down to what Council wants — leave the Veterans Memorial at the current location or move it. Mayor Sanders thanked Council Member Shoffner for the presentation and stated that the presentation was to bring Council up to date on the Veterans Memorial before they debated the location. Kathy Carlton, 226 Phoenix Drive, President of TCWC, stated that TCWC has raised approximately $20,000 and has already put those funds into the Veterans Memorial project. TCWC has already set aside another $15,000 to use for this project and is waiting for the next phase to be approved. Ms. Carlton asked that Council continue to support the Veterans Memorial at its current location. Additionally, she stated that the Committee will come before Council at a later date to discuss future expansion of the Veterans Memorial. Danny Mayer, 2201 Prestwick Avenue, came before Council representing the Veterans. He advised that he requested Northwest Independent School District to utilize Memorial Day as a history lesson and throughout the day, teachers and students visited the Veterans Memorial. He had created a simple three question survey and the results, almost a 10 to 2 response, were to keep the Veterans Memorial at its current location. Jeannette Tiffany, 44 Cypress Court, signed up to speak but did not speak. Mayor Sanders mentioned that rainy weather and parking was a couple of reasons to move the Veterans Memorial. He realized that there is no conceptual drawing for the Memorial if it were moved to the new Town Hall and Police facility; there would need to be some engineering changes prior to construction. He briefed the audience and stated that after the Veterans Day tribute, questions came up about whether or not to move the Memorial and for Council to discuss the idea. Mayor Pro Tem Lamont commented that he was in favor of keeping the Memorial in its current location, as previously approved, and that he was not in favor of spending additional funds to move the location. Council Member Reed asked if the approved plan was finished; Council Member Parrow stated that the Teague Nall and Perkins proposal is in the packet and it allows for a visual presentation and shows costs. Town Council Minutes January 12, 2016 Page 4 of 10 Council Member Parrow stated he asked for responses from veterans and the response was evenly split; weather is not an issue, presentations would be able to be utilized at the new Town Hall facility and security would be better being next to the Police Department. There are a number of different issues to look at, but there were no veterans that voiced that they wanted it moved to the new Town Hall facility. Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to leave the Veterans Memorial where it is. Council Member Rowe spoke in favor to leave the Memorial where it currently is located because it was already approved and additional Town funds would be spent to move it. Council Member Reed spoke in favor of moving the Memorial because he believed the veterans would be served better and events would be suited more efficiently since the facility would be ADA compliant, parking is easily accessible, restrooms are available and opportunities to take shelter in case of storms. He acknowledged that the Veterans Memorial would look different at Town Hall and the expense would come into place. Council Member Shoffner stated that Council took a step forward in 2014 and got involved with the Memorial and voted to add amenities and Council got involved with the current location. He stated that if weather is an issue, the event can be rescheduled to the Town Hall facility. The vote was taken. Motion carried 5-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Rowe, and Shoff ner voting for, and Council Members Reed and Kurtz voting against. 9. Consider and take appropriate regarding the official name of the new joint town hall and police department facility; Council chamber design details including stadium seating and general functionality. Mayor Pro Tem Lamont announced the proposed names: • Trophy Club Town Hall and Police Department • Trophy Club Town Hall and Public Safety Center • Trophy Club Municipal Complex (or Center, Building, etc.) • Trophy Club Town Hall (Town Hall encompasses the PD) • Trophy Club Municipal & Police Services Center • Trophy Club Civic and Criminal Justice Center • Trophy Club Township Government Campus Main Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to make the official name of the new joint Town Hall and Police Department facility "The Trophy Club Town Hall and Police Department." Council Member Parrow would rather have "Trophy Club Municipal Complex" as it is all encompassing and shows the unity of the Police and the Town Staff into one organization. Mayor Pro Tem Lamont commented that the Trophy Club Municipal Utility District uses "Municipal" and that it may cause confusion if the Town were to use "Municipal" as well. Council Member Parrow recommended using "Public Safety Center" to help alleviate confusion. Town Council Minutes January 12, 2016 Page 5 of 10 Council Member Shoffner commented that realistically people will refer to the facility as "Town Hall." Town Manager Seidel advised that the full name will be placed on the monument sign in front of the facility. Mayor Pro Tem Lamont stated that "Public Safety" encompasses both Police and Fire. Mayor Sanders preferred "Trophy Club Town Hall" which can encompass all Town services and branding on the building could indicate portions of the building or possibly have directional signage inside. Council Member Reed agreed with "Town Hall" since it will be on the monument sign and noted that the longer the name, the smaller the letters will be. Motion to Amend: Motion to Amend made by Council Member Rowe, seconded by Council Member Parrow, to amend the Main Motion to name the facility "Trophy Club Town Hall." Mayor Sanders clarified that the motion was in regards to the monument sign. The vote for the Motion to Amend was taken, to amend the Main Motion to name the facility "Trophy Club Town Hall." 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. The vote for the Main Motion was taken, to make the official name of the new joint Town Hall and Police Department facility "The Trophy Club Town Hall and Police Department." Motion passed unanimously. Mayor Sanders advised that another discussion item was the chamber design and details, including stadium seating. He stated that Council had previously discussed stadium seating and the consensus seemed to be to have movable seating and to have the ability to move a wall to close off in order to have a smaller meeting area. He preferred stadium seating, while recognizing that having a meeting facility is what the Council discussed. Additionally, he believed that more use of the Council chambers would be speaker orientated, not receptions or moving the chairs and setting up tables. He added that stadium seating would be an added cost of $100,000, and commented that stadium seating looks better, it shows more respect for that particular part of the building, and cost will be prohibited to change at a later date. Council Member Parrow supported the Mayor's statements and fully supported stadium seating. He stated that meeting areas have been designed into the new facility and will provide a great venue for special events and presentations. Motion: Motion made by Council Member Reed, seconded by Council Member Kurtz, to have a flat floor with seating like the current Council Chambers. Council Member Reed stated that he did not support stadium seating because spending extra funds is not necessary especially since the facility is already over budget. Council Member Shoffner stated that through his research, the majority of Council chambers had stadium seating. He pointed out that on very few occasions, Council needed more seating, and that from an economic stand point, stadium seating was not necessary. Council Member Rowe commented that flexible space is always going to be a better option. Town Council Minutes January 12, 2016 Page 6 of 10 The vote was taken, to have a flat floor with seating like the current Council Chambers. Motion carried 5-2-0 Mayor Pro Tem Lamont and Council Members Reed, Rowe, Kurtz and Shoff ner voting for, and Mayor Sanders and Council Member Parrow voting against. 10. Consider and take appropriate action regarding the Public, Educational and Government (PEG) channel fee. Assistant Town Manager/CFO Glickman presented the Council with a short presentation explaining what a PEG channel is, what PEG Fees are, how they work, and what items they can fund. Additionally, he asked if Council wanted to implement a PEG Fee. Questions from Council included if collected funds could pay for past expenses and if the fees could be implemented and never broadcast on those channels. Other questions included if our current equipment would be improved with implementing these fees. Motion: Motion made by Council Member Shoffner to approve a PEG Fee. Motion failed for lack of a second. Mayor Sanders stated that Council will not enact a PEG fee. 11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees," subsection "Annual Capital Improvements and Maintenance Charge to Section 8.16, "Public Works for Public Improvement District No. 1" to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing an effective date. Town Manager Seidel summarized that the Town is required to have a PID surcharge, which is the PID residents' fair share of debt and operations for the entire system. He advised that the Town has to adopt a new PID surcharge and gave the Council a few options — take the surplus of $135,000 and charge the difference to the PID and then next year, raise the surcharge back up to the full amount, Council can charge the entire amount owed, or Council could charge something less than the full amount and break that up over a couple of years. Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Ordinance No. 2016-01, amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees," subsection "Annual Capital Improvements and Maintenance Charge to Section 8.16, "Public Works for Public Improvement District No. 1" to adopt a monthly surcharge of 63 cents per month per connection for PID residents; providing for severability; providing a penalty; effective immediately. Motion passed unanimously. RECESSED AT 9:14 P.M. FOR A BREAK RECONVENED AT 9:24 P.M. INTO REGULAR SESSION 12. Consider and take appropriate action regarding the rescheduling of the "Stop Sign Ordinance" discussion item to a future Council meeting date. Mayor Sanders reminded Council that at the December 8, 2015 meeting, a motion was approved to bring the "Stop Sign Ordinance" back for discussion on January 12, 2016 and that Staff is asking for this item to be placed on a future agenda. Town Council Minutes January 12, 2016 Page 7 of 10 Town Manager Seidel recommended this item be placed on a February agenda. No action was taken on this item. 13. Town Council to provide direction to Town Staff regarding a ground lease or purchase agreement with the Town of Trophy Club Municipal Utility District No. 1 for use of the annex building located at 100 Municipal Drive. Mayor Sanders stated if there is no objection; Council will consider this agenda item after reconvening after the Executive Session. 14. Town Council Liaison Updates; discussion of same: *Economic Development Corporation 4B, January 4, 2016 Council Liaison - Council Member Rhylan Rowe Provided update, no action taken, just discussion. 15. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Economic Development *Candidate Filing Period *Budget Book *Codification Town Manager Seidel updated the Council and addressed questions, no action taken, update only. 16. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for January 26, 2016 meeting and discussion of Future Agenda Items, 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) Receive an update only regarding the Holiday Inn and have the owner and general contractor present in order to inform the citizens of their status. (Reed 4/28/15) (1 -July 28) (2 -October 13) (3 -January 12, 2016) Town Manger Seidel advised that work is being done onsite. Mayor Sanders, without any objection, removed Item No. 6 from the Town Council Future Agenda Items List: Receive an update only regarding the Holiday Inn and have the owner and general contractor present in order to inform the citizens of their status. (Reed 4/28/15) (1 -July 28) (2 -October 13) (3 -January 12, 2016) Council Member Rowe recommended moving Item No. 4 and 5 slated for the January 26, 2016 meeting to the February 9, 2016 meeting agenda and have Town Secretary Fimbres begin scheduling applicant interviews. Town Manager Seidel stated that GSBS and CMAR will be at the January 26, 2016 meeting to provide an update on Town Council Minutes January 12, 2016 Page 8 of 10 decision points regarding the new facility. Council Member Reed requested to add an item to the Town Council Future Agenda Items List: Discussion to change park hours to stay open until 10 p.m. and clearly note change on new signage. Mayor Sanders stated that the Stop Sign Ordinance will be brought back at a meeting in February. EXECUTIVE SESSION 17. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 "Consultation with Attorney" under Subsection (1) when the governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)). (1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. (2) Legal advice regarding the Interlocal Agreement with the Trophy Club Municipal Utility District No. 1 for Fire Department Personnel Services (3) Legal advice regarding a potential lease or purchase of the annex building site B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. CONVENED INTO EXECUTIVE SESSION - START TIME — 9:52 P.M. RECONVENED INTO REGULAR SESSION - START TIME —11:06 P.M. RECONVENED INTO REGULAR SESSION 13. Town Council to provide direction to Town Staff regarding a ground lease or purchase agreement with the Town of Trophy Club Municipal Utility District No. 1 for use of the annex building located at 100 Municipal Drive. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to request that the MUD Board donate and transfer the title for the land that the Annex Building is built on and necessary surrounding property be required to maintain and enter the Annex Building, under the Texas Local Government Code Section 272.001 Title 8 Number L1 Closing and Survey Costs to be paid by the Town or upon the vacating of the Annex Building by the Town Council Minutes January 12, 2016 Page 9 of 10 Town that the MUD pay the Town the balance owed on the Town debt on the Annex Building estimated at $318,000 for the purchase of the Annex Structure. Council Member Reed stated that Trophy Club citizens have paid for this facility over the years. He advised that the question is who, long term, is going continue to supply this facility for the needs of the community. Mayor Sanders was in favor of the motion because the Town owns the building but not the land. He advised that the Town and MUD tried to settle the issue through a subcommittee and was unsuccessful. The vote was taken. Motion passed unanimously. 18. Consider and take appropriate action regarding the Executive Session. Council Member Rowe commented that the Fire Chief position will be vacated this summer, with the retirement of Fire Chief Thomas, and noted that the Interlocal Agreement acknowledges that the Fire Department are Town employees and he believed it is the responsibility of the Town and of the Town Manager to fulfil that position. Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to direct the Town Manager to plan for searching and filling the position upon the retirement of Chief Thomas. Council Member Reed spoke in favor of the motion and commented that it was the Council's responsibility to move forward. Mayor Sanders stated that he supported moving forward with the search to find the best candidate and that it was important to start the search now because Fire Chief Thomas' retirement was approaching. The vote was taken. Motion passed unanimously. ADJOURN Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 11:14 p.m. 1 Sh non Montgomery, Exec Ave Sec ary / Records Analyst C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes January 12, 2016 Page 10 of 10