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Minutes TC 08/09/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Tuesday,August 9,2016 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, August 9, 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 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 Tom Rutledge Town Engineer Mayor Sanders announced the date of Tuesday,August 9,2016,called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges to the American Flag and Texas Flag were led by Council Member Shoffner. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Item No. 5; Public Hearing; Item No. 12; Item No. 13; Item No. 15; Item No. 16; Item No. 17; Item No. 18; Item No. 14; Item No. 19; Item No. 20; Item No. 21; Item No. 22; Item No. 23; Executive Session;and Item No.25) 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): *Aquatic Facility Schedule *Town Hall Construction *Lakeview Construction *Street Reconstruction Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. 2. Town Council Liaison Updates;discussion of same(Staff): *Economic Development Corporation(EDC)4B,July 18,2016 Council Liaison-Council Member Rhylan Rowe *Parks and Recreation Board,July 18,2016 Council Liaison-Council Member Philip Shoffner Council Member Rowe was unable to attend the EDC 4B meeting therefore Town Manager Seidel provided the update. Council Member Shoffner did not attend the Parks and Recreation Board meeting because the agenda did not contain any items of significance. Council Member Kurtz expressed concerns related to youth football and lacrosse field usage space. No action was taken on this item. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3. Consider and take appropriate action regarding the Minutes dated June 28, 2016 (Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet). 4. Consider and take appropriate action regarding the Minutes dated July 12, 2016 (Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet). 5. Consider and take appropriate action regarding a Utility Billing Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or his designee to execute all necessary documents(Staff). 6. Consider and take appropriate action regarding the award or rejection of proposals for Professional Auditing Services for the Town of Trophy Club; and authorizing the Town Manager or his designee to execute all necessary documents(Staff). 7. Consider and take appropriate action regarding financial and variance report dated June 2016(Staff). 8. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2016-14 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town's Procurement Policies and Procedures authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee and approving related contracts and the payment of related fees in accordance with the budget;and providing an effective date(Staff). 9. Consider and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club and the City of Roanoke for the purchase of goods and services; and authorizing the Town Manager or his designee to execute all necessary documents(Staff). Town Council Minutes August 9, 2016 Page 2 of 14 Council Member Shoffner requested to remove Item No.5 from the Consent Agenda. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 3,4 and 6 through 9. Motion passed unanimously. REGULAR SESSION 5. Consider and take appropriate action regarding a Utility Billing Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1;and authorizing the Mayor or his designee to execute all necessary documents(Staff). Council Member Shoffner stated that the Trophy Club Municipal Utility District (TCMUD) No. 1 was requesting a flat service fee of $1,200 per month, totaling $14,400 per year. He advised that the late fee charged by the TCMUD No. 1 included the Town's total monthly garbage and drainage fees,which is all kept by the TCMUD No. 1. He provided the following TCMUD No. 1 statistics that reflected received Town late fees: $16,590.06 in Fiscal Year 2013; $17,106.21 in Fiscal Year 2014; and $18,807.84 in Fiscal Year 2015. He believed that the late fee's that the TCMUD No. 1 received was more than adequate to cover the service fees without requesting an additional $14,400. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe,to refer the item back to TCMUD No. 1 and have the Town Manager meet with the TCMUD No. 1 General Manager to discuss the Council's concerns in order to reach a better agreement. Council Member Rowe was in favor of the motion and to allow the TCMUD No.1 Board to have the opportunity to review the mentioned concerns. Council Member Shoffner agreed that there should be a mechanism in place that if TCMUD No. 1 did not receive the necessary service fees then the Town would owe the difference. The vote was taken. Motion passed unanimously. PUBLIC HEARING 10. Conduct a public hearing regarding the Trophy Club Crime Control and Prevention District(CCPD)Budget for Fiscal Year 2016-2017 submitted to the Town Council by the CCPD Board(Staff). Mayor Sanders opened the public hearing at 7:22 p.m. There was no one present that wished to speak regarding the item. 11. Conduct a public hearing regarding amending Section 14.02.251, Temporary Uses, of the Town of Trophy Club Code of Ordinances in order to add the use of a portable classroom and provide for other amendments (Staff). Erin Myers, 10 Winstead Court, a Samuel Beck Elementary School parent and former PTA President,acknowledged that Beck was a great school with a decorated principal and teachers. She felt that there was a lack of communication by Northwest Independent School District (NISD) about the portable classrooms. She had concerns regarding safety and the length of time that the portable would be used for. She noted that students would have to have a silent lunch for all grade levels in order to have a classroom on the stage. She suggested redrawing the District lines or to allow students to attend other elementary schools within the District. Town Council Minutes August 9,2016 Page 3 of 14 Tiffany Nimphius, 214 Fresh Meadow Drive, commented that the initial cost was $100,000 for placement of the portable classrooms and if a bathroom were added it would increase the cost and take longer to complete. She felt that portable classrooms would not be the best solution to address the issue of overcrowding, but to possibly grant waivers which would allow little to no funds to be spent by the District. She stated that her request to stay at Lakeview Elementary was denied prior to the last school year when she moved within Beck Elementary boundaries. Wendy Murray, 2522 Roseville Drive, stated that in the 2013-14 school year Beck Elementary added a larger cafeteria and two music classrooms and could hold 850 students. She mentioned that during that timeframe a District representative remarked that the District would not allow Beck to go above an 18 to 1 student to teacher ratio, but in the 2016-17 school year there was a 22 to 1 ratio. She was concerned with further dilution of the classrooms and the safety of the students. She advised of the lack of communication she had been able to have with the District and requested that the District grant waivers or rezone the District boundary lines. Kristin Hildebrand, 4 Parkway Court, requested that the Council approve the portable classrooms and stated that at this point it would be the most reasonable solution for the students. She commented that as an employee of NISD,she had worked at schools with portable buildings and it had been a positive experience. She noted that as a parent of a Beck student, she would be upset if the art class went by cart to classrooms or if a classroom was held onstage in the cafeteria. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:27 p.m. REGULAR SESSION 12. Introduction of Dr.Ryder Warren,the new Superintendent with Northwest Independent School District;and receive an update regarding the District and Samuel Beck Elementary;discussion of same(N.Sanders and G. Reed). Dr. Ryder Warren, Superintendent with NISD, introduced himself and provided his professional background of coming from Midland,Texas with approximately 18 years of experience as a school superintendent. He provided a handout and stated that the District's philosophy was not to use portable buildings as permanent fixtures for any of their schools. He commented that NISD was a fast growth district and portables were part of the planning and building process. He pointed out that a future consideration of NISD was to review attendance boundaries for all elementary schools, including Beck Elementary, in Spring 2017. He stated that the District mandated the State recommendation of a ratio of no more than 22 students in a kindergarten, first, second, third, or fourth grade class. Additionally, he advised that the he would only place fourth and fifth graders in the portable classrooms. Tim McClure, District Architect and Planner with Northwest Independent School District, was available for any questions. Council Member Shoffner inquired about students having a key fob,given to them by the teacher, to have access to the bathrooms within the main school structure and the implementation of a buddy system to further enhance student safety. Sandy Conklin, Principal of Samuel Beck Elementary School, stated that the portable building would be placed behind the Physical Education area and that the plan would be to allow students in the portable building to access the area with the key fob and buddy system. Council Member Shoffner was concerned that the buddy system would possibly create a disturbance for the students who had to escort another student to the restroom. Mr.Conklin responded that a possibility would be to have restroom breaks during the built-in transition breaks. Dr. Warren was concerned about the sidewalk that ran through the campus since the current fence had access gaps within it. He advised that the District would take appropriate security measures to ensure the safety of the students. Town Council Minutes August 9,2016 Page 4 of 14 Discussion took place that the approval of a classroom waiver, to allow a higher ratio of 22 students to 1 teacher, would be through an administrative process. Dr. Warren advised that the redrawing of the District lines to accommodate one or two classrooms at one campus would potentially create skewing of the other district lines. Council Members Rowe and Kurtz voiced their concern that the District currently had $73 million in their fund balance to proceed with the construction of the two additional classrooms for approximately $2 million. Additionally, Council Member Rowe provided the background of the Council's concerns regarding NISD capacity and density. Council Member Kurtz requested that the District proceed with approving the funds to construct the two additional classrooms. Dr. Warren stated that he would report the request to the NISD School Board, but advised that action taken for an individual school would set precedence at other schools within NISD. Council Member Shaffner added that the Town's growth had been phenomenal and that the District's tax rate of $1.44 per$100 valuation allowed them to receive higher property taxes than the Town received. He advised that there had not been any new plats approved and that there had been several instances where the boundary lines could have been changed to redirect students to Lakeview Elementary. He believed that the simplest solution would be to grant waivers for a few students to attend Lakeview Elementary. Dr. Warren explained that municipalities differed from school districts taxing ability where the Town was able to realize the rise in values. He stated that the District's operating budget was approximately$197 million,which was generated from their Maintenance and Operations(M&O)tax rate. Additionally, he stated that the District would use roughly$10 million of the fund balance to balance their budget and that 85 percent of their operating budget was for staffing. Their intent was not to raise their M&O tax rate because the District would have to hold an election to increase it. Council Member Kurtz commented that families could have been approached months ago to find out if they desired to transfer to another school that was under capacity. Mayor Sanders acknowledged the District's desire to protect their fund balance but he believed that the District could at least precede with the construction plans. In closing, Dr. Warren stated that the District was listening to the Town's concerns and that he desired to work with the Town. No action was taken on this item. RECESSED AT 8:54 P.M. FOR A BREAK RECONVENED AT 9:02 P.M.INTO REGULAR SESSION 13. Consider and take appropriate action regarding amendments to Section 14.02.251,Temporary Uses,of the Town of Trophy Club Code of Ordinances in order to add the use of a portable classroom and provide for other amendments(Staff). Mayor Sanders stated that Dr. Warren would discuss the Council's concerns and suggestions with the NISD Board of Trustees in order for them to explore options. Town Planner Ruthven advised that if the proposed amendments to the Town's Code of Ordinances were approved, NISD's request for a Temporary Use Permit would be considered by the Planning and Zoning (P&Z) Commission on August 18,2016,and would then be considered by the Council on August 23,2016. Discussion took place that estate sales are currently prohibited and garage sales are only allowed twice a year through the bi-annual Trophy Club Community Garage Sale. Council reviewed possible changes to the proposed ordinance which included removing the reason that a resident could have an estate sale, placing a duration limit, and prohibiting items from being placed in driveways. Town Council Minutes August 9,2016 Page 5 of 14 Main Motion: Main Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Ordinance No. 2016-27 P&Z, amending Section 14.02.251, Temporary Uses, of the Town of Trophy Club Code of Ordinances in order to add the use of a portable classroom and provide for other amendments;with the following amendment to remove Item No. 8 (D), Portable classroom buildings shall contain separate restroom facilities in each portable classroom building. Motion to Amend: Motion to Amend made by Council Member Rowe, seconded by Council Member Reed, to include a modification to Item No. 9 so that it read: Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of the materials owned by a person. Estate sales shall not include garage sales. An estate sale shall only require the approval of the planning and zoning administrator and shall only require the submission of a temporary use permit application and fee. Council Member Shoffner pointed out that a time limit should be implemented to ensure that estate sales were not occurring every weekend. Additionally, he inquired how the planning and zoning administrator would determine the substantial portion of the materials owned by a person,as phrased within the proposed ordinance. Town Planner Ruthven responded that the substantial portion of materials owned by a person would be determined by circumstances such as an eviction. Dennis Sheridan, Chair of the P&Z Commission, inquired about the definition of a garage sale. Town Planner Ruthven advised that the definition of a garage sale was the sale of previously owned domestic and household items onsite by the resident of a single-family detached dwelling. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Kurtz, seconded by Council Member Parrow, to include in Item No. 9, Estate sales, that no items for sale shall be visible from the street and that only one estate sale shall be allowed per address per year. Motion to Amend the Amendment passed unanimously. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Shoffner,seconded by Council Member Rowe,to add "or his designee" to the last sentence of Item No. 9, Estate sales, so that it read: An estate sale shall only require the approval of the planning and zoning administrator or his designee and shall only require the submission of a temporary use permit application and fee. Motion to Amend the Amendment passed unanimously. The vote for the Motion to Amend as Amended was taken,to include a modification to Item No.9 so that it read: Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of the materials owned by a person. Estate sales shall not include garage sales. An estate sale shall only require the approval of the planning and zoning administrator and shall only require the submission of a temporary use permit application and fee; to include in Item No. 9, Estate sales, that no items for sale shall be visible from the street and that only one estate sale shall be allowed per address per year; and to add "or his designee" to the last sentence of Item No. 9, Estate sales,so that it read:An estate sale shall only require the approval of the planning and zoning administrator or his designee and shall only require the submission of a temporary use permit application and fee. Motion to Amend as Amended passed unanimously. Town Planner Ruthven pointed out that on page 115 of the Agenda Packet,that Item No. 8, I, Portable classrooms for private schools shall not be permitted as a temporary use,was excluded from the proposed ordinance because private schools are required to be treated equally to public schools. Conversation ensued regarding portable classroom buildings adhering to the overall school campus security plan such that an active shooter would not have an additional advantage apart from the existing school security plan and that Staff would work with NISD to ensure that the correct regulations were met regarding fencing. Town Council Minutes August 9, 2016 Page 6 of 14 The vote for the Main Motion as Amended was taken,to approve Ordinance No. 2016-27 P&Z,amending Section 14.02.251,Temporary Uses, of the Town of Trophy Club Code of Ordinances in order to add the use of a portable classroom and provide for other amendments; with the following amendment to remove Item No. 8(D), Portable classroom buildings shall contain separate restroom facilities in each portable classroom building; to include a modification to Item No. 9 so that it read: Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of the materials owned by a person. Estate sales shall not include garage sales. An estate sale shall only require the approval of the planning and zoning administrator and shall only require the submission of a temporary use permit application and fee; to include in Item No. 9, Estate sales, that no items for sale shall be visible from the street and that only one estate sale shall be allowed per address per year; and to add "or his designee" to the last sentence of Item No. 9, Estate sales, so that it read: An estate sale shall only require the approval of the planning and zoning administrator or his designee and shall only require the submission of a temporary use permit application and fee. Main Motion as Amended carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for,and Mayor Pro Tern Lamont voting against. 14. Receive update from Mayor and Town Manager related to a meeting the Town had with representatives of Trophy Club Municipal Utility District No. 1 regarding proposed water/sewer rate increases and tax rate increases;discussion of same(N.Sanders and G. Lamont). Mayor Sanders advised that the Trophy Club Municipal Utility District(TCMUD) No. 1 President was unavailable to attend the Council meeting. He provided an update regarding the three (3) scenarios regarding proposed water and sewer rates, which were available on the TCMUD No. 1 website. He stated that the Town would see a cost increase of approximately$40,000 based upon estimates of the new water rates. Council Member Shoffner voiced his concern about the substantial cost increase that would affect the PID residents,especially when TCMUD No. 1 mentioned that this would be the first of three rate increases in order to match American Water Works Association. Discussion took place regarding the upcoming TCMUD No. 1 Bond Election and TCMUD No. 1 statistics for the Town's population. Mayor Pro Tern Lamont suggested that a TCMUD No. 1 representative attend the August 23,2016 Council meeting according to the Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services Agreement, Section 5.2, Provision of MUD Operations Services, (a), 8, Providing a representative, upon prior request of Town,to present reports at regular Town Council meetings regarding service matters. Council Member Shoffner added that the Town would be at the discretion of the TCMUD No. 1 decision for the rates based upon the Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services Agreement;therefore, he encouraged PID residents to attend the TCMUD No. 1 meeting. No action was taken on this item. 15. Consider and take appropriate action regarding the design of the Veterans Memorial;receive a presentation from Teague Nall&Perkins;discussion of same(Staff). Mike Wilson, Project Manager with Teague Nall and Perkins, stated that he was seeking Council's direction regarding the service towers and lighting for the Veterans Memorial. He presented an update regarding the design of the Memorial,which included the following:an aerial of the location;Option 2 design renderings with six service towers; seat wall elevations; Option 1 and Option 2 designs of the service towers; photos of other service towers; and original sketches of the Memorial. He added that the Trophy Club Women's Club was in favor of the circular pattern for the dedication pavers and that they would like the entry sign to be lit. He inquired about Council's preference on internal lighting and lighting of the pathway to the Memorial. Additionally, he stated that Option 1 were vertical towers that would have ground mounted flush flood lighting that project lighting up and Option 2 were towers with an angled top that would have bollard lighting shining some ambient lighting onto them. Town Council Minutes August 9,2016 Page 7 of 14 Discussion took place that the proposed plan would have to be slightly modified if there were a future expansion of the Memorial and that the cost difference from the current design compared to the initial cost provided by the Women's Club was primarily due to the type of service towers and additional lighting for the facility. Council Members Rowe and Shoffner preferred to only illuminate the flag because other Town park pathways were not illuminated and the Memorial would most likely not be utilized during night hours. Motion: Motion made by Council Member Parrow,seconded by Council Member Rowe, to approve service tower Option 2 and proceed with the project as presented with no additional lighting other than a high quality flush mounted flag illumination. Connie White, 119 Trophy Club Drive,inquired if the pathway to the Memorial and sign would remain. Mr.Wilson responded that the pathway and sign would remain. The vote was taken. Motion passed unanimously. Town Engineer Rutledge advised that the bid would be sent out the following week as one package with the two parking lots and the Memorial,that they would possibly see if a contractor would be able to deliver the Memorial by November 3,2016. Council Member Parrow commented that the appropriate order of the emblem placement was Army, Marines, Navy,Airforce,Coast Guard,and prisoner of war(POW). 16. Referred Agenda Item: 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). Council Member Parrow inquired when Holiday Inn planned to open the hotel. Raj Patel, Owner of the Holiday Inn,stated that they planned to open November 16,2016. Council Member Reed asked Mr. Patel to expand on the franchisor. Mr. Patel responded that the franchisor was Green Mill Restaurant, out of North Dakota, and that this would be the first location in Texas. He stated that he purchased the franchise rights for two locations that would both be located in hotels, one in Trophy Club and one in the Lancaster/Desoto area. He advised that a separate manager would be hired for the restaurant and the franchisor would train the employees. Additionally, he stated that he currently operated 20 restaurants and three (3)hotels with a restaurant and bar. Conversation took place that the hotel was adequately parked but the restaurant was not, and that breakfast would be served to hotel guests through the restaurant kitchen. Motion: Motion made by Mayor Pro Tem Lamont,seconded by Mayor Sanders,to approve Ordinance No.2016-26 P&Z,for a Specific Use Permit (SUP) for on-premise alcohol sales in conjunction with a restaurant called The Crooked Pint Ale House 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 inquired when the restaurant would open. Mr. Patel stated that the restaurant and hotel would have to open at the same time. Additionally, he confirmed that the franchisor approved the plans for the prior approved footprints of the restaurant and that they were not requiring any changes. Town Council Minutes August 9,2016 Page 8 of 14 Discussion took place that if the SUP were not approved then Holiday Inn would not be able to open because a requirement of Holiday Inn was to have a full service hotel with restaurant and bar. Council voiced their concerns that there was a lengthy delay from when the Site Plan was initially approved and when the Specific Use Permit was applied for,and that the operating manager of the restaurant had not yet been hired. Council Member Kurtz requested that Mr. Patel provide the Council with a list of hotels that he owned that had a restaurant and served alcohol. Mr. Patel stated that he would provide a list and gave an example of a Hilton Garden in New Braunfels. Mr. Patel explained that the grading permit was approved on January 14, 2014 and the building plans were approved prior to January 1,2014. He stated that he lost the franchise on January 13,2014 because he was unable to start construction by January 1, 2014;therefore he had to apply for the franchise again causing the initial delay in construction for three to four months. Council Member Shoffner inquired about the reason Mr. Patel was unable to start construction on time because a special meeting had been called specifically for consideration of the replat of the property on December 30, 2013. Mr. Patel responded that he was unable to break ground on time,which referred to when the slab was poured. Council Member Shoffner asked Mr. Patel if he had any Texas Alcohol Beverage Commission (TABC) violations at any of his other hotel locations. Mr. Patel stated that he had not received any violations. Development Services Manager Cooke commented that annual building and fire inspections are performed on hotels and if the hotel were not in compliance with the Town's ordinances and regulations then there would be the ability to not renew the annual TABC license. Town Planner Ruthven advised that the Council had the ability to impose conditions on the SUP. Council Member Kurtz asked Mr. Patel how long he knew that he needed to apply for the TABC license. Mr. Patel stated that this was the first time he had to go before Council for approval of an SUP but he knew from the beginning that the hotel would have a restaurant and bar. The vote was taken. Motion failed for lack of majority 3-4-0 with Mayor Sanders, Mayor Pro Tern Lamont, and Council Member Rowe voting for,and Council Members Parrow, Reed, Kurtz,and Shoffner voting against. Conversation ensued that if the SUP were denied then the applicant would have to wait 12 months before the SUP could be considered again but if the SUP were denied without prejudice then the SUP could be considered again without a waiting period. Motion to Reconsider: Motion made by Mayor Pro Tern Lamont,seconded by Council Member Kurtz,to reconsider Item No. 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. Motion to Reconsider passed unanimously. Motion to Deny without Prejudice: Motion made by Council Member Reed,and seconded by Council Member Parrow,to deny Ordinance No.2016-26 P&Z without prejudice. Council Member Kurtz commented that he would be in favor of reconsidering the SUP with an action plan or presentation that showed the concept of Crooked Pint. Mayor Sanders suggested that either documentation be provided or a representative from Holiday Inn would be present when the item was reconsidered to advise that they believed the development would be successful with the sale of alcohol. Town Council Minutes August 9,2016 Page 9 of 14 Town Planner Ruthven noted that a new application would have to be submitted in order for the item to be reconsidered and that it would go through the entire process again. The vote for the Motion to Deny without Prejudice was taken. Motion to Deny without Prejudice carried 5-2-0 with Mayor Sanders, Mayor Pro Tern Lamont, and Council Members Parrow,Reed,and Kurtz voting for,and Council Members Rowe and Shoffner voting against. Mayor Sanders relinquished the Chair to Mayor Pro Tern Lamont. 17. Tabled Agenda Item: 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 advised that the State had mandated requirements for golf carts to operate on the streets and that the Town had two additional requirements beyond the State's requirements. He noted that a golf cart could be driven anywhere in the Town according to the State's speed limit regulation of 35 mph. He believed that since there were already State regulations in place, then the additional requirement from the Town for an inspection could be eliminated because the Police Department would still have the authority to pull individuals over. Additionally, he stated that the City of Roanoke would allow Trophy Club residents to purchase their inspection stickers if there were residents that wanted to drive their golf carts to Roanoke. Police Chief Arata stated that the additional Town requirements were to provide proof of insurance and that golf carts had turn signals. He commented that Roanoke would honor the Town's current stickers and would allow residents to travel back and forth. Discussion took place that the intent of the ordinance was to allow golf carts on certain designated paths and sidewalks. Additional conversation ensued that it could be simpler to have one sign in each park area and that golf carts would not be allowed on the playing fields. Motion: Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Ordinance No. 2016- 23,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 of August 9, 2016, as presented with the following modifications to Article 1.08, Parks and Recreation, Division 3, Park Regulations, Section 1.08.062, Vehicular Regulations: Subsection 3 so that it reads: Operate a vehicle, device, motorized assisted scooter or other motorized device including, but not limited to vehicles known as ATV's anywhere within the playing boundaries of a sports field; and to eliminate subsection 8, Motorized carts shall only be operated in those areas specifically designated by the director and identified by the use of signage and/or other pavement markings. Motion passed unanimously. 18. Town Council to provide direction to Town Staff regarding the regulation of solar panels(Staff). (Town Secretary Note: Pete Reincke, 3 Colonial Court, filled out a Speaker Request Form but left before the item had been presented) Town Planner Ruthven advised that the item had initially been discussed at the January 26, 2016 Council meeting. He presented the proposed changes that would consist of roof and ground mounted solar panels and stated that there are currently 12 homes with existing solar panels systems in the Town. Under the proposed regulations, these homes would be able to keep and maintain their current systems and, additionally,would be able to replace them as well provided the system complies with the new regulations. He stated that the solar panels would be allowed by right if they meet the ordinance requirements with an approved building permit. Additionally, he advised that if any roof mounted solar panels did not meet the ordinance regulations, then a Specific Use Permit could be considered by the P&Z Commission and the Council. Town Council Minutes August 9,2016 Page 10 of 14 Council Members Rowe and Shoffner were not in favor of the proposed requirement(b), Roof mounted systems, subsection 3, all roof mounted systems shall be placed upon the building such that the system is not visible from a public or private street and/or a golf course, because there would be some residents that would not be able to place solar panels anywhere on their roof due to their roof design or if their homes faced the sun. Mayor Sanders received consensus from the Council to remove requirement (b), subsection 3, from the proposed requirements. Mayor Sanders was not in favor of the proposed requirement (d), General Regulations, subsection 1, Building Permit Required, C, A survey and legal description of the subject property where the proposed solar panel system is to be located. Council Member Rowe was in favor of removing "golf course" from the proposed requirement (c), Ground mounted systems, subsection 3, so that it would read: Ground mounted systems shall be located behind the principal structure on the property and shall be screened such that the system is not visible from a public or private street. No action was taken on this item. Mayor Pro Tern Lamont relinquished the Chair back to Mayor Sanders. 19. Discussion of Town Council Future Agenda Item No. 3, Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8,2016)(4-June 14,2016)(5-September 13,2016) Mayor Sanders noted that this item was dealt with through Item No. 13 and requested to remove Item No.3 from the Town Council Future Agenda Items list: Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) (5- September 13, 2016) No action was taken on this item. 20. Discussion of Town Council Future Agenda Item No. 4, Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) (5-September 13,2016) Town Manager Seidel presented the item and stated that Staff provided the Fund Balance Policy for working capital and proprietary funds. Council Member Shoffner commented that his goal was to have a reserve fund for Trophy Club Park for future flooding events without having to utilize Town funds. He recognized that it would take an extended period of time to accomplish. Town Manager Seidel advised that an issue was the Park's ability to generate enough revenue to create that type of reserve because their biggest revenue generator was motocross. Council Member Rowe noted that his long term goal was to slowly establish enough reserve for the next flooding event to where it would not affect the Town for such a long duration. Town Manager Seidel stated that Staff has examined extending the corporate limits to the lake to possibly be able to generate sales tax through concession stands and other options. Discussion took place that Federal Emergency Management Agency grant funds were available and that the Town would precede with an RFP for debris removal,which would be considered by the Council in September 2016. Town Council Minutes August 9,2016 Page 11 of 14 No action was taken on this item. 21. Discuss and receive update regarding Fiscal Year 2017 Budget; and Town Council to provide direction to Town Staff as related to Budget(Staff). Mayor Sanders noted that on page 16 of the proposed Budget, the Fire Chief's Vehicle replacement vehicle was inadvertently listed twice. Council Member Shoffner inquired if the Town was paying the full amount for the Fire Chief's vehicle replacement. Town Manager Seidel advised that the Town would pay the full amount and stated that it would come out of Equipment Replacement. Council discussed the possibility of lowering the tax rate by $0.004 which would essentially reduce the Fund Balance by approximately$64,000. Council Member Shoffner mentioned that property taxes have increased for residents and he felt there should be a slight reduction in the tax rate for the benefit of the residents. Town Manager Seidel advised that tax ceilings were rising and he cautioned that the Texas Legislature was reviewing tax caps at the beginning of January 2017 Legislative Session, which could create hardship on the Town to make changes in the future if needed. He noted that setting the tax rate at $0.48 per $100 valuation would impact the fund balance by$350,000 over a five(5)year period. Conversation ensued that the largest portion of the budget was for Capital Improvement Projects. Mayor Sanders was in favor of reducing the tax rate and allowing the Town Manager to provide his recommendations to accomplish that. Additionally, he requested that scenarios be presented at the next Council meeting if a reduction was made to the Interest&Sinking rate. No action was taken on this item. 22. Consider and take appropriate action regarding a record vote on a not-to-exceed Fiscal Year 2017 Ad Valorem Tax Rate and to schedule two public hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters(Staff). Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to set the tax rate not-to-exceed Fiscal Year 2017 Ad Valorem Tax Rate of$0.48 per$100 valuation and set the public hearing dates for August 23, 2016 and September 13,2016. Roll call vote: Mayor C. Nick Sanders Yea Mayor Pro Tern Greg Lamont Yea Council Member Jim Parrow Yea Council Member Garrett Reed Yea Council Member Rhylan Rowe Yea Council Member Tim Kurtz Yea Council Member Philip Shoffner Yea Motion carried. Town Council Minutes August 9,2016 Page 12 of 14 23. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for August 23, 2016 and items from the Town Council Future Agenda Items list,to include discussion of the below items: 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.5-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) (3-August 9,2016) Mayor Sanders advised that several items have taken precedence and that this item can remain on the list until the applicable time to deal with it. B) Item No. 6 - Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26,2016) (2-August 9,2016) Council Member Reed requested to remove Item No.6 from the Town Council Future Agenda Items list: Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) (2-August 9,2016) Mayor Sanders requested to remove the following items from the Town Council Future Agenda Items list: • Item No. 1 - Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015)(4-August 11,2015)(5-December 8, 2015)(6-March 8,2016)(7-June 14,2016) (8- September 13,2016); • Item No.4 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2- December 8,2015)(3-March 8,2016)(4-June 14,2016)(5-September 13,2016);and • Item No. 8 -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)(2-September 13,2016) EXECUTIVE SESSION 24. 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 551.072 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 B. 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 C. Section 551.087 Deliberations 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: Potential Projects and Incentives Town Council Minutes August 9,2016 Page 13 of 14 CONVENED INTO EXECUTIVE SESSION-START TIME—12:43 A.M. RECONVENED INTO REGULAR SESSION-START TIME—1:03 A.M. 25. Consider and take appropriate action regarding the Executive Session. Town Manager Seidel provided an update regarding Old Town Development(OTD) that would consist of three(3) restaurants that would be unique to the area. He advised that the Town was proposing to provide the Tax Incremental Reinvestment Zone (TIRZ) No. 1 with $300,000 that would help secure the development for OTD and change the terms for repayment by the TIRZ No. 1. Agenda Item 24(C)Motion: Motion made by Council Member Rowe,seconded by Mayor Pro Tem Lamont,to approve the Amendment to Town and TIRZ portions of the Agreement with OTD TC, LLC and OTD TC2, LLC; and authorizing the Mayor or his designee to execute all necessary documents. Mayor Sanders commented that the amendment to the terms for repayment was related to how the TIRZ No. 1 would pay the Town back at a higher percentage rate and over a shorter period of time. The vote was taken. Motion passed unanimously. ADJOURN Motion made by Council Member Parrow,seconded by Council Member Kurtz,to adjourn the meeting at 1:10 a.m. Motion passed unanimously. QL\aQA--- f4 Holly Fimb es, own Secretary/R � „�. C C. Nick Sanders, Mayor Town of Trophy Club,Texas t tri Town of Trophy Club,Texas Town Council Minutes August 9,2016 Page 14 of 14