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Minutes TC 05/10/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, May 10, 2016 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, May 10, 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 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Tim Kurtz Council Member, Place 4 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Patrick Arata Police Chief Pat Cooke Development Services Manager Rick Lasky Interim Fire Chief Tom Rutledge Town Engineer Mayor Sanders announced the date of Tuesday, May 10, 2016, called the Town Council to order and announced a quorum at 6:00 p.m. EXECUTIVE SESSION 1. 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 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee. Town Attorney Patricia Adams: a) Finalize Review b) Separation Agreement B. 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 and related matters. CONVENED INTO EXECUTIVE SESSION - START TIME — 6:02 P.M. RECONVENED INTO REGULAR SESSION - START TIME — 7:05 P.M. RECONVENED INTO REGULAR SESSION 2. Consider and take appropriate action regarding the Executive Session. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Separation Agreement between Patricia Adams and the Town of Trophy Club as stipulated in the agreement. Motion passed unanimously. Motion: Motion made by Council Member Parrow, seconded Council Member Reed, to remove comments placed in Patricia Adams' evaluation at the April 26, 2016 Council meeting, specifically Section 4, Legal Representation, as entered by Council Member Parrow contingent on Patricia Adams' withdrawal of her comments to him in response to those specific evaluation comments. Motion passed unanimously. The Invocation was offered by Council Member Parrow. The Pledges to the American Flag and Texas Flag were led by Council Member Rowe. 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 3. Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff). *Back to Nature and Family Camp Out *Town Hall Groundbreaking *Highway 114 Sound Wall Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. Additionally, he introduced Interim Fire Chief Lasky, who thanked the Council for the opportunity to work for the Town. Town Council Minutes May 10, 2016 Page 2 of 9 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. 4. Consider and take appropriate action regarding the Minutes dated April 12, 2016 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet). 5. Consider and take appropriate action regarding an agreement with MVBA to provide the Town with past -due ambulance collections for out -of -district customers; and authorizing the Mayor or his designee to execute all necessary documents (Staff). 6. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 15-21, 2016 as National Police Week in Trophy Club in conjunction with National Police Week, and designating May 15, 2016, as National Peace Officers Memorial Day in Trophy Club; and providing an effective date (Staff). 7. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2016 as Karen Rue Day in Trophy Club; and providing an effective date (N. Sanders). 8. Consider and take appropriate action regarding a Resolution nominating the Primary Representative and one Alternate Representative to the Regional Transportation Council; and providing an effective date (Staff). 9. Consider and take appropriate action regarding a Resolution of the Town Council nominating one (1) person to serve as a member of the Denco 9-1-1 District Board of Managers; and providing an effective date (Staff). 10. Consider and take appropriate action regarding an Ordinance repealing Section 1.02.001 entitled, "Signature Authority of Mayor and Town Manager" of Division 1, entitled "Generally" of Article 1.02 entitled "Administration" of Chapter 1 entitled, "General Provisions" of the Town of Trophy Club Code of Ordinances and adopting a new Section 1.02.001 entitled "Signature Authority of Mayor and Town Manager" and providing an effective date (Staff). Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda Items 4 through 10. Motion passed unanimously. REGULAR SESSION 11. Consider and take appropriate action regarding Harmony Park parking lot and Independence Park West parking lot adjacent to the Veterans Memorial; receive a presentation from Teague Nall & Perkins; discussion of same (Staff). Town Engineer Rutledge provided an update regarding the parking lot improvements at the Veterans Memorial, based on feedback from the April 12, 2016 Council meeting. He displayed exhibits of the two proposed options for the Veterans Memorial parking lot: Option B with 61 parking spaces and an estimated total project cost of approximately $315,000; and Option C with 68 parking spaces and an estimated total project cost of approximately $336,000. Council Member Reed was in favor of Option C and inquired about the golf cart parking. Town Manager Seidel stated that Staff is reviewing installing golf cart parking closer to the destination location, with about four spaces per location. Council Member Shoffner inquired if the southern portion of the parking lot had a slope. Town Council Minutes May 10, 2016 Page 3 of 9 Town Engineer Rutledge explained that there is a slope with a grade difference of approximately three to four feet. He stated that the proposed sidewalk connectors, from the parking lot to the existing sidewalk, were influenced by requirements of the Americans with Disabilities Act. Mayor Sanders was in favor of having the golf cart parking spaces included with the project, as opposed to considering it separately. Main Motion: Main Motion made by Council Member Parrow, seconded by Council Member Reed, to instruct Teague Nall & Perkins to proceed with Option C and add golf cart parking to the two square areas to the west and east of the parking lot, adjacent to the Memorial. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Council Member Rowe, to add a third location for golf cart parking to be located as close as possible to the northwest corner of the area. Council Member Shoffner commented that it could be in the best interest for that area to review installing more than four golf cart parking spaces in the northwest corner because it will most likely have heavier use. Council Member Reed mentioned possibly removing the two yellow bollards by the playground area to allow additional golf cart parking. Town Manager Seidel stated that once they proceed with an option design, then the location of golf cart parking spaces could be appropriately determined. The vote for the Motion to Amend was taken, to add a third location for golf cart parking to be located as close as possible to the northwest corner of the area. Motion passed unanimously. The vote for the Main Motion as Amended was taken, to instruct Teague Nall & Perkins to proceed with Option C and add golf cart parking to the two square areas to the west and east of the parking lot, adjacent to the Memorial; and to add a third location for golf cart parking to be located as close as possible to the northwest corner of the area. Motion passed unanimously. Town Engineer Rutledge provided an update regarding the parking lot improvements at Harmony Park. He mentioned that the area shown for golf cart parking was available for discussion and that it was not included with the project cost. He displayed an exhibit of the revised proposed parking lot with 31 parking spaces and an estimated total project cost of approximately $210,000. Mayor Sanders inquired how golf carts would access the parking area without driving on restricted areas and he mentioned possibly installing curb cuts as a solution. Town Engineer Rutledge stated that a parking space could be removed to allow for a designated entry to the golf cart parking. Additionally, he explained that the proposed parking design was restricted by 30 foot buffer. Council Member Shoffner was in favor of having additional parking spaces because he had witnessed up to 49 vehicles parked in that area, as well as on the street, during soccer practice. Discussion took place that an ordinance amendment would have to be done to allow golf carts to drive on the trails. Town Council Minutes May 10, 2016 Page 4 of 9 Mayor Sanders received consensus from the Council to pursue additional parking spaces at Harmony Park. Discussion ensued regarding having an option that showed additional parking spaces within the buffer and an option that displayed expanding the parking lot into the park area by approximately 10 feet. Mayor Sanders recommended reviewing the Oncor utility easement, which could affect expanding the parking lot into the park. Council Member Reed was in favor of an additional option that had a total of 50 to 60 parking spaces, even if it required moving the trail. 12. Consider and take appropriate action regarding the award and/or rejection of bids for construction of the new Trophy Club Town Hall facility; and authorizing the Town Manager or his designee to execute all necessary documents (Staff). Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the base guaranteed maximum price for construction of $7,995,340 for the new Trophy Club Town Hall facility. Town Manager Seidel advised that the Town received bids for the construction of the Trophy Club Town Hall and the bids were under the forecasted amounts, which would allow Council the opportunity to discuss the alternate bids. Additionally, he thanked GSBS and Steele & Freemen for their hard work on this item. The vote was taken. Motion passed unanimously. Town Manager Seidel discussed the alternate bid items, along with his recommendations, that could be added to the scope of the Town Hall facility. • Alternate No. 1— Add decorative security fence and drive gate at Staff parking (Recommended); • Alternate No. 2 —Add west side masonry screen wall; • Alternate No. 3 — Add an additional 14 parking specs at the east public parking area (Recommended); • Alternate No. 4 — Add additional planting per Drawing L1.4 & L5.1 in front of Town Hall (Recommended); • Alternate No. 5 — Add additional planting per Drawing L1.4 & L5.1 next to the front parking lot (Recommended); • Alternate No. 6 — Add additional planting per Drawing L4.2 & L5.2 in front of the Police Department (Recommended); • Alternate No. 7 — Add additional planting per Drawing L4.3 & L5.3 at rear of building; • Alternate No. 8 — Add additional planting per Drawing L4.4 & L5.4 at southwest corner of site (Recommended); • Alternate No. 9 — Add 17 painted 6" diameter bollards 4' above grade; • Alternate No. 10 — Add landscape wall in front of the Police Department (Recommended); • Alternate No. 11— Add folding partition in the Council Chambers; • Alternate No. 12 — Provide Terrazzo flooring in lieu of porcelain tile at lobby (Recommended); • Alternate No. 13 — Provide stone veneer in lieu of brick at the tower and west and south elevations; • Alternate No. 14—Add plaza lighting (Recommended); • Alternate No. 15 —Add holding cells (Recommended); • Alternate No. 16 —Add rear patio with no special finish; and • Alternate No. 17 — Add rear roof canopy — allowance (no plans or specification). Additionally, he advised that the recommended alternate bid items would total approximately $287,917, which would leave the project still under budget by $176,949 without touching contingency funds. Discussion took place that the landscape wall would be 149 linear feet and would vary in height from 30 inches to almost zero. Additional conversation ensued that the funds that the Crime Control and Prevention District approved for the Police security fencing, cameras, and holding cells were part of the 2015 Certificate of Obligation Bond proceeds. Town Council Minutes May 10, 2016 Page 5 of 9 Mayor Sanders was in favor of installing the partition in the Council Chambers now versus later. Additionally, he was in favor of proceeding with the rear patio and rear roof canopy so that the appearance of the building would be finished. Mayor Sanders and Mayor Pro Tem Lamont were in favor of not pursing Terrazzo flooring in lieu of porcelain tile in the lobby area. Council Member Reed was not in favor of proceeding with any of the alternate bid items because they had already designed a beautiful facility that is under budget. Council Member Parrow pointed out that if there were increases to any of the cost, the Construction Manager at Risk (CMAR), Steele & Freeman, would bear the risk of those additional costs. He was in favor of the recommended alternate bid items. He discussed that if the Police Department only had one holding cell, then a male and a female would not be allowed to be detained at the same time. Council Member Shoffner inquired if Steele & Freeman had experienced any major change orders from the six CMAR projects they had that were within 15 miles of the project. David Marsh, Vice President of Preconstruction with Steele & Freeman, stated that the majority of changes come from the owner who desires to spend their contingency funds after the actual construction. Tom Batenhorst, Principal with GSBS, stated that it is highly unusual for there not to be any change orders. He explained that within the $7,995,340 bid, there is a contingency fund for approximately $159,000 that Steele & Freeman could draw from for any potential items that may arise with the Council's approval. Discussion took place that adding the holding cells does not change the Police Department's manpower but would allow officers to work with citizens without taking them to the Denton County jail for certain arrests. Council Member Shoffner asked if the officer would be able to leave if an individual was placed in a holding cell and received a call for a disturbance. Police Chief Arata stated that an officer or Police Staff had to be present but they have the ability to call the City of Roanoke for backup. Council Member Shoffner inquired about exploring the ability to use the City of Keller's jail versus Denton County's jail. Police Chief Arata stated that they are currently reviewing that ability to use Keller for Class C misdemeanor arrests. Mayor Sanders commented that with the upcoming growth of the Town, he would prefer to proceed with the two holding cells for the Police Department. He was in favor of proceeding with the parking spaces, plaza lighting, and the landscape wall due to timing with the grading. Council Member Rowe viewed this item as a cost benefit analysis and he would like to make smart financial decisions. He was in favor of the additional parking spaces, planters with the bollards on the east side, plaza lighting, and one holding cell, but he was not in favor of the landscape wall. Council Member Shoffner was in favor of moving forward with both holding cells because it will be more costly to try to add them at a later time and he would postpone installing the fence for a later time. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve and add on the 14 parking spaces (Alternate No. 3); east side landscaping (Alternate No. 6); plaza lighting (Alternate No. 14); two holding cells (Alternate No. 15); and the landscape wall (Alternate No. 10). Nick Palluth, Associate with GSBS, stated that the landscape wall was not needed but it would provide a security aspect for the Police Department. Town Manager Seidel commented that he would be in favor of bollards with large planters if the landscape wall was not approved. Town Council Minutes May 10, 2016 Page 6 of 9 Modified Main Motion: Mayor Pro Tem Lamont and Council Member Parrow agreed to modify the Main Motion by changing the landscape wall (Alternate No. 10) to add 17 painted 6" diameter bollards 4' above grade (Alternate No. 9). Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Council Member Reed, to remove the east side landscaping (Alternate Item No. 6). Mr. Palluth explained that the landscaping in front of the Police Department would be sod with spray irrigation. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Rowe, seconded by Council Member Reed, to move forward with adding an additional 14 parking spaces at the east public parking area (Alternate No. 3); adding 17 painted 6" diameter bollards 4' above grade (Alternate No. 9); adding plaza lighting (Alternate No. 14); and adding holding cells with the specification that it be for one holding cell instead of two holding cells (Alternate No. 15). Motion to Amend the Amendment failed for lack of majority 3-3-0 with Council Members Reed, Rowe, and Shoffner voting for, and Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Parrow voting against. The vote for the Motion to Amend was taken, to approve and add on the 14 parking spaces (Alternate No. 3); plaza lighting (Alternate No. 14); two holding cells (Alternate No. 15); and add 17 painted 6" diameter bollards 4' above grade (Alternate No. 9). Motion to Amend carried 4-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow and Reed voting for, and Council Members Rowe and Shoffner voting against. The vote for the Main Motion as Amended was taken, to approve and add on the 14 parking spaces (Alternate No. 3); plaza lighting (Alternate No. 14); two holding cells (Alternate No. 15); and add 17 painted 6" diameter bollards 4' above grade (Alternate No. 9). Main Motion as Amended failed for lack of majority 3-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Parrow voting for, and Council Members Reed, Rowe, and Shoffner voting against. Main Motion: Main Motion made by Mayor Sanders, seconded by Council Member Rowe, to approve the additional 14 parking spaces (Alternate No. 3) and plaza lighting (Alternate No. 14). Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to add the holding cell with the specification that it be for one holding cell instead of two holding cells (Alternate No. 15). Discussion took place that the plumbing would still be installed for two holding cells. Council Member Shoffner commented that it would of benefit to the Police Department to have one holding cell and if the need arises in the future, the plumbing would already be installed for the second cell. He stated that there are options to explore for the ability to use the City of Keller's jail. The vote for the Motion to Amend was taken, to add the holding cell with the specification that it be for one holding cell instead of two holding cells (Alternate No. 15). Motion to Amend carried 4-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Rowe and Shoffner voting for, and Council Members Parrow and Reed voting against. The vote for the Main Motion as Amended was taken, to approve the additional 14 parking spaces (Alternate No. 3) and plaza lighting (Alternate No. 14); and to add the holding cell with the specification that it be for one holding cell instead of two holding cells (Alternate No. 15). Main Motion as Amended carried 4-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Rowe and Shoffner voting for, and Council Members Parrow and Reed voting against. Town Council Minutes May 10, 2016 Page 7 of 9 Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to add 17 painted 6" diameter bollards 4' above grade (Alternate No. 9), with the condition to direct the Town Manager to explore other options that he may consider more aesthetically pleasing but within the same cost range. Motion carried 4-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Rowe and Shoffner voting for, and Council Members Parrow and Reed voting against. Mr. Batenhorst pointed out that the cost can no longer be guaranteed for the alternate items that were not approved. Mayor Sanders announced that the Trophy Club Town Hall Groundbreaking event would be held on May 13, 2016, at 5:30 p.m. RECESSED AT 9:15 P.M. FOR A BREAK RECONVENED AT 9:22 P.M. INTO REGULAR SESSION 13. Consider and take appropriate action regarding proposed Town Council meeting dates in July 2016; discussion of same (Staff). Assistant Town Manager/CFO Glickman advised that the Council typically meets only once in the month of July and that Staff was seeking Councils direction for which date they preferred to have a meeting. Mayor Sanders received consensus from the Council to proceed with having one Council meeting in July and that it be held on July 12, 2016. 14. Consider and take appropriate action regarding a Second Amendment to the existing Interlocal Cooperation Agreement between the Town and Trophy Club Municipal Utility District No. 1 for Fire Protection Services; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Mayor Sanders advised that in order to better facilitate the funding and payment of the PID Assessment for fire protection services, the Town and Trophy Club Municipal Utility District Staff agreed to and propose the changes that were outlined in the agreement. Motion: Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve a Second Amendment to the existing Interlocal Cooperation Agreement between the Town and Trophy Club Municipal Utility District No. 1 for Fire Protection Services; and authorizing the Mayor or his designee to execute all necessary documents, as presented at the dais. Motion passed unanimously. 15. Consider and take appropriate action regarding compensation for Fiscal Year 2017 (Staff). Assistant Town Manager/CFO Glickman provided a presentation regarding compensation for Fiscal Year 2017, which included the following: Fiscal Year 2016 Recap; Base Salary; Stipend; TMRS; Medical/Dental/Vision/Life Insurance; Proposed Wellness Program; Other City Compensation Comparison; and Decision Points. Additionally, he stated that they are pursuing goals that are measurable and are training Staff to better evaluate their employees. Council Member Shoffner commented that if an individual is not meeting expectations, he was not in favor of rewarding that person. He was in favor of the reviews being split between April and October to allow individuals who are not meeting expectations to raise their level of performance. He wanted to reward the individuals who exceed expectations. Town Manager Seidel advised that the wellness program was initiated on the Town side and that it would help encourage employees to live a healthier lifestyle while aiding to decrease the Town's premiums. Town Council Minutes May 10, 2016 Page 8 of 9 Assistant Town Manager/CFO Glickman commented that employees would not be required to participate in the wellness program but there would be a charge for not participating. Council Member Shoffner was in favor of tying the stipend to the merit evaluations. He provided examples that if an employee was below expectations for both reviews they would receive an amount of zero; if an employee meets expectations on one review they would receive $375; if an employee meets expectations on both reviews they would receive $750; if an employee exceeds on one review they would receive $1,000; and if an employee exceeds on both reviews they would receive $1,500. Council Member Rowe agreed with the suggestion and he recommended funding a lump sum, possibly at the same level, to give Staff the ability to have a tier structure. Mayor Sanders received consensus from the Council to examine the stipend process and bring back to Council. 16. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Special Session Council Agenda for May 17, 2016 meeting and the Regular Session Council Agenda for May 23, 2016; and discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the 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. A) Item No. 6 -Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1 -February 9, 2016) (2 -May 10, 2016) Mayor Sanders requested to remove Item No. 10 from the Town Council Future Agenda Items list: Discussion of form liners for the sound wall along State Highway 114. (Sanders 3/8/2016) (1 -June 14, 2016). Additionally, he requested to move up Item No. 12: Explore regulations and guidelines to allow for golf cart use and parking in Town parks. (Shoffner and Reed 3/8/2016) (1 -June 14, 2016) Council Member Shoffner requested to remove Item No. 9 from the Town Council Future Agenda Items list: Discussion of Trophy Club Park concept plan. (Sanders 2/23/2016) (1 -May 24, 2016). Additionally, he requested to add the following item to the Town Council Future Agenda Items list: Explore the method used for building remodel requirements. (Shoffner 5/10/2016) (1 -August 9, 2016). ADJOURN Motion made by Mayor Sanders, seconded by Council Member Rowe, to adjourn the meeting at 10:08 p.m. Motion passed unanimously. Holly Fimbres, Tdwn Secretary/RMO,� Town of Troohv Club. Texas bF T, CD Nick Sanders, Mayor wn of Trophy Club, Texas Town Council Minutes May 10, 2016 Page 9 of 9