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Minutes TC 08/23/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Tuesday,August 23,2016 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 23, 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 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Jim Parrow Council Member, Place 1 STAFF AND GUEST(S)PRESENT: Stephen Seidel Town Manager Steven Glickman Assistant Town Manager/CFO David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Patrick Arata Police Chief Pat Cooke Development Services Manager Rick Lasky Interim Fire Chief Ron Ruthven Town Planner Mayor Sanders announced the date of Tuesday,August 23, 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 Mayor Pro Tern Lamont. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Public Hearing; Item No. 9; Item No. 10; Item No. 11; Item No. 12; Item No. 14;Item No. 15; Executive Session; Item No. 13;and Item No. 17) 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): *PetFest *Community Clean-Up *Town Hall Construction Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2. Consider and take appropriate action regarding the Minutes dated August 4,2016(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet). 3. Consider and take appropriate action regarding a Lease Agreement between the Town and Verizon Wireless for a wireless antenna facility located on the Town's Water Tower at 2901 Bobcat Boulevard, Denton County,Texas;and authorizing the Mayor or his designee to execute all necessary documents(Staff). 4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2016-2017; and authorizing the Mayor or his designee to execute all necessary documents(Staff). 5. Consider and take appropriate action regarding an extension to the Fiscal Year 2016 Interlocal Agreement for participation in the City of Fort Worth's Household Hazardous Waste program; and authorizing the Mayor or his designee to execute all necessary documents(Staff). 6. Consider and take appropriate action regarding the approval or rejection of 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). Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda Items 2 through 6. Motion passed unanimously. PUBLIC HEARING 7. Conduct the First Public Hearing for the proposed tax rate for fiscal year October 1, 2016 to September 30, 2017,and Mayor to announce the date,time and place of the vote on the tax rate(Staff). Mayor Sanders opened the public hearing at 7:05 p.m. There was no one present that wished to speak regarding the item. 8. Conduct a public hearing regarding a request to amend Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25 in order to approve the signage plan for Bread Winners Cafe,on Lot 2R2, Block B,Trophy Wood Business Center,located at 3000 State Highway 114,Case PD-AMD-16-051(Staff). There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:07 p.m. Town Council Minutes August 23, 2016 Page 2 of 9 REGULAR SESSION 9. Consider and take appropriate action regarding an Ordinance for a request to amend Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25 in order to approve the signage plan for Bread Winners Cafe,on Lot 2R2, Block B,Trophy Wood Business Center, located at 3000 State Highway 114,Case PD-AMD-16-051(Staff). Town Planner Ruthven advised that the Planning and Zoning (P&Z) Commission recommended denial of the item, therefore requiring a super majority of the Council to approve the item. Dennis Sheridan, Chair of the P&Z Commission, provided the reasons for the Commission's recommendation of denial which included the following: 1)The roof sign on the west elevation is too big and should not project above the roof line; 2)The projecting sign on the south elevation is too big and should not be illuminated with neon; 3) The plans should not contain options but should be the final detailed plans for the signs;4)The plans submitted at the dais are different from the plans that were in the packet;and 5)Roof signs and projecting signs are not allowed in the Town's sign regulations and should not be approved. Justin Springfield, with Old Town Development,thanked the P&Z Commission for their efforts to grant approval of the item and he stated that their recommendation for denial was based on 1985 guidelines. He advised that they intentionally sought Bread Winners Café for the unique type of brand that they would bring to the Town. He stated that as the developer,they did not have the authority to redesign the Bread Winners Café signage. Council Member Shoffner inquired about any other signage that were allowed but not permitted within the general area of the current request. Town Planner Ruthven provided the following examples of signs that were allowed but not permitted: Holiday Inn monument sign; Homewood Suites wall sign; and Meat U Anywhere monument sign and light-emitting diode(LED)sign. Council Member Shoffner was inclined to grant the exception based upon prior approvals and he acknowledged that the prior established regulations were not realistic to the current development along State Highway 114. Luke Allbritton, with Chandler Signs, advised that each individual letter of the sign would be face lit with LED technology. Motion: Motion made by Mayor Pro Tern Lamont, seconded by Council Member Reed, to approve Ordinance No. 2016-28 P&Z, for a request to amend Ordinance No. 2015-44 P&Z, PD Planned Development District No. 25 in order to approve the signage plan for Bread Winners Cafe, on Lot 2R2, Block B, Trophy Wood Business Center, located at 3000 State Highway 114,Case PD-AMD-16-051,as presented at the dais. Motion passed unanimously. 10. Consider and take appropriate action regarding approval of an Agreement for Comprehensive Land Use Plan Update Services for the Town of Trophy Club;and authorizing the Town Manager or his designee to execute all necessary documents(Staff). Wendy Shabay, Principal-in-Charge with Freese and Nichols, provided a presentation that included the following: Urban Planning&Design Team; Dallas-based Economic Strategists;the Town's Team;the Town's beginning with a Comprehensive Plan in 1986; Comprehensive Planning 101; Why Planning is Important; What is a Comp Plan; Purpose of the Plan; Region Changing; Project Scope; Planning Phases;Contract's Major Tasks;Tentative Schedule; and Community Engagement. Cody Richardson, Project Manager with Freese and Nichols,was present to address any questions. Mayor Sanders was concerned that the five (5) pillars from the Trophy Club Vision 2030 were possibly not the same objectives that the current Council would desire to be implemented into the Comprehensive Plan. Council Member Rowe agreed that the pillars could be removed or be brought up-to-date. Town Council Minutes August 23,2016 Page 3 of 9 Ms. Shabay responded that a vision workshop could be planned with the Council in order to establish a base for the Comprehensive Plan. Council Member Shoffner believed that$150,000 was an excessive amount to implement a revised Comprehensive Plan. He was concerned that the current 1997 Comprehensive Plan had not been adhered to from previous Councils and he did not want to create a document that a future Council may not agree with or follow. Since the current Town Manager was leaving, Council Member Rowe was concerned with tasking a new town manager with the large responsibility of implementing a revised Comprehensive Plan. Ms. Shabay responded that Freese and Nichols were specialized in Comprehensive Plans and that they have dealt with the changing of Town Managers during the process. She felt this would be a good time to implement a revised plan because the new town manager would focus on both the Council's and resident's direction regarding the Town's vision. Council Member Reed believed that the next 20 years for redevelopment would be for residential properties. Additionally,he felt that it would be best to create a committee of residents that knew the history of the Town and had planning and development expertise in order to present a plan to the Council. Mr. Sheridan suggested that the Council at least update the Comprehensive Plan to what the Town was at today, along with displaying a loop road,and following through with the redevelopment aspect. Mayor Sanders received consensus from the Council to delay the Plan until further notice. Ms.Shabay responded that they were open to do what best served the Town. No action was taken on this item. 11. Consider and take appropriate action regarding a Resolution approving a request by the Northwest Independent School District for a temporary use permit in order to allow a portable classroom building at Beck Elementary School,located at 401 Parkview Drive,Case TUP-16-008(Staff). Town Planner Ruthven advised that an updated resolution was provided to the Council that reflected the P&Z Commission's recommendations, along with correspondence from Tim McClure, District Architect and Planner with Northwest Independent School District(NISD), regarding details of the portable building. Discussion took place that the P&Z Commission recommended that the building shall be removed after three years maximum. Sandy Conklin, Principal of Samuel Beck Elementary School, stated that currently two(2)fourth grade classes have been placed in the music and art classrooms and he affirmed that they were close to their projection of 845 students. Mayor Sanders inquired about Lakeview Elementary having empty classrooms. Mr. McClure responded that there were empty classrooms. He explained that their projections were that a similar issue would be created for Lakeview Elementary, regarding grade level assignment, within a year if students were to be relocated there. Additionally, he advised that their projections showed that Lakeview would be at capacity in 2018 and that Beck would be within the five(5) percent that it was currently in. Discussion ensued regarding NISD reevaluating the boundary lines in the Spring and then make recommendations to their Board. Additional conversation took place that Lakeview and Beck Elementary were considered closed campuses by the District. Town Council Minutes August 23,2016 Page 4 of 9 Main Motion: Main Motion made by Council Member Shoffner, seconded by Mayor Pro Tern Lamont, to deny Resolution No. 2016-20, for a request by the Northwest Independent School District for a temporary use permit in order to allow a portable classroom building at Beck Elementary School, located at 401 Parkview Drive,Case TUP-16-008. Council Member Reed inquired if NISD could place the portable building at the school despite the Council's decision to deny. Town Attorney Dodd responded that there has been past case law that health and safety concerns should be addressed. Mayor Pro Tern Lamont inquired about how students were released from the portable building. Mr. Conklin stated that the teachers walked the students to their designated area and walked those who need it to the bus. Tiffany Nimphius, 214 Fresh Meadow Drive, was concerned about the amount of time it would take to begin the school expansion if the proposed Bond proposition were to be approved because of the four year planning process of NISD middle school number 6 that was approved through a bond in 2012. She heard from several parents who were denied a request for a transfer and the reason provided to them was that due to several factors the relocation of students for one (1)year was not a viable option. Additionally, she advised that some students were in favor of the classrooms being held in the music and art classrooms. Kristin Hildebrand, 4 Parkway Court, expressed her desire for the Council to approve the Temporary Use Permit because she believed that the students and teachers would be the individuals who would experience the hardship if it were denied. She felt that placing 44 students in a classroom created an issue of overcrowding, which would be overstimulating for the students.She advised that she attended the last School Board meeting and that she was the only parent present. Tara Durst, 6 Parkway Court, stated that the District should be handling the issue and that she was in favor of the portable because she disagreed with the combining of classes. She hoped that the District would come up with other solutions and that the portable would not be located at the school longer than two years. Maria Mettifogo, 2717 Trophy Club Drive, desired the Council to deny the request because she believed it was not the Council's responsibility to determine how many students would be in the music or art classrooms. She believed that it was a healthier and safer environment for the students to be placed in the music and art classrooms as opposed to a portable building. Council discussed their frustration regarding the Town serving as the mediator for a District decision. Dr. Warren explained that the District has planned for growth of 10,000 students over the past decade and that they had excellent growth sustainability for a 14 community school district. He advised that the demographic report was close to how many students were predicted to attend Lakeview Elementary, therefore if students were to be moved from Beck to Lakeview there was potential to create the same issue next year for Lakeview. He noted that the District would be using 10 to 14 million from their fund balance in the next five(5)years to fund additional staffing. Additionally, he advised that he needed the ability to place portable buildings on school properties and requested that the Council approve the Temporary Use Permit. Council Member Shoffner believed that the students, parents, and teachers have been let down by the District due to poor planning. He noted that the Mayor had previously requested that the District provide plans to show that they were moving forward. Council conversed about the ability for the District to possibility use leftover school bond funds to start the construction of the new classrooms. Town Council Minutes August 23,2016 Page 5 of 9 Mr. McClure addressed Mrs. Nimphius' comment and explained that NISD middle school number 6 goes to bid next month and was scheduled to start construction by the end of the year. He advised that if the school had opened any sooner, then their capacity would have been approximately 35 percent which would not have been a feasible option. Substitute Motion: Substitute Motion made by Council Member Reed, seconded by Council Member Kurtz, to approve the portable building contingent upon the NISD School Board approving existing bond funds to begin planning, bidding, and construction of the two additional spaces needed for the building. Conversation ensued regarding the legality of the two motions. Dr. Warren withdrew the request on behalf of the District and stated that he would be seeking the District's legal counsel due to their need to place the portable building at Lakeview Elementary. RECESSED AT 9:32P.M. FOR A BREAK RECONVENED AT 9:44 P.M. INTO REGULAR SESSION Council Member Reed and Council Member Kurtz agreed to withdraw their Substitute Motion. Council Member Shoffner and Mayor Pro Tem Lamont agreed to withdraw their Main Motion. No vote was taken on this item. 12. Receive presentation from Trophy Club Municipal Utility District No.1 regarding proposed water/sewer rate increases and tax rate increases;discussion of same(G.Lamont). Mayor Sanders stated that this item was carried over from the August 9, 2016 Council meeting and that he had previously extended an invite to the Trophy Club Municipal Utility District(TCMUD) No. 1 President to attend the last meeting but he was unavailable. Mayor Pro Tern Lamont provided an update regarding the TCMUD No. 1 approved water rates. Council Member Shoffner explained that the Town had to raise the PID residents rates based upon the TCMUD No. 1 decision. He pointed out that within the Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services Agreement, Section 9.1, Joint Meetings, that the two bodies should have a joint meeting to discuss amendments to the MUD Rate Order. No action was taken on this item. 13. Consider and take appropriate action regarding a Resolution repealing Resolution No.2015-13 and adopting a new Resolution making annual appointments and reaffirming existing appointments to serve on the Crime Control and Prevention District(CCPD)Board;and providing an effective date. Mayor Sanders explained that this item would be discussed during Executive Session and that the Council would take action afterwards. After reconvening from Executive Session,Council came back to Item No. 13 to take action. Town Council Minutes August 23,2016 Page 6 of 9 Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Resolution No. 2016-19, repealing Resolution No. 2015-13 and adopting a new Resolution making annual appointments and reaffirming existing appointments to serve on the Crime Control and Prevention District(CCPD) Board with an effective date of August 23, 2016, with respective terms of service ending on September 1 of the year specified for each individual as follows: 1. reappointing Thomas McLain(2018) 2. reappointing Paul Glowacki(2018) 3. appointing Alicia Fleury(2018) 4. reaffirming Richard Savage(2017) 5. reaffirming Thomas Class,Sr. (2017) 6. reaffirming Cyler Campbell(2017) 7. reaffirming James Jay Isherwood(2017) Motion passed unanimously. 14. Discuss and receive an update regarding Fiscal Year 2017 Budget(Staff). Assistant Town Manager/CFO Glickman advised that the revised budget reflected a property tax rate of$0.479 per $100 valuation and he briefly discussed the proposed changes to the budget since the August 9, 2016 Council meeting. Council Member Shoffner pointed out that$77,500 was removed from Fiscal Year 2017 and from Fiscal Year 2018; therefore he desired that the tax rate be reduced to$0.474 per$100 valuation. Assistant Town Manager/CFO Glickman commented that reducing the tax rate by an additional half cent would impact the fund balance by approximately$200,000 over a five(5)year period. 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. Council Member Shoffner believed that the Council could not base a decision on a possibility of action that the Texas Legislature may or may not take. Discussion took place regarding seeking an outside firm to seek applicants for the upcoming vacancy of the Town Manager position. No action was taken on this item. 15. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for September 13,2016 and items from the Town Council Future Agenda Items list (Staff). 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. Mayor Sanders received consensus from the Council to remove the following agenda items from the September 13,2016 Council agenda: • Agenda Item No. 10-Consider and take appropriate action regarding an Ordinance amending Section 3, "Zone Board of Directors"of Ordinance 2013-23,which established the"Reinvestment Zone Number One, Town of Trophy Club, Texas" to increase the number of directors from five to eight; and providing an effective date(N.Sanders and R. Rowe); Town Council Minutes August 23,2016 Page 7 of 9 • Agenda Item No. 11 - Consider and take appropriate action regarding an Ordinance repealing Ordinance No. 2011-03 and adopting an amended Ordinance, designating the Chair of each Board, Commission, and Corporation to serve on the Ethics Commission and creating an additional alternate position; and providing an effective date(G. Reed and R. Rowe);and • Therefore removing Agenda Item No. 12 - Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-15 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials and adopting a new Municipality of Trophy Club Handbook for Elected and Appointed Officials;and providing an effective date(N.Sanders and R. Rowe). Mayor Sanders requested an item to be placed on the September 13, 2016 Council agenda regarding the Town Manager position search. Council Member Rowe requested to make Agenda Item No. 14 an action item regarding the Fiscal Year 2016-2017 budget. Mayor Sanders pointed out that "and monument signage" could be removed from Item No. 6 from the Town Council Future Agenda Items list so that it read: Discussion of PD 21 (Plaza Shopping Center) related to signage specific to window signs. Development Services Manager Cooke provided a brief update that the Town had sent letters to the tenants of PD 21 requesting removal of the window signage and have communicated with the property owner to precede with an ordinance change. Mayor Pro Tern Lamont requested to add an item to the Town Council Future Agenda Items list: Review creating a volunteer program for sports fields and parks. EXECUTIVE SESSION 16. Pursuant to the following designated section 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: 1) Crime Control and Prevention District Board 2) Acceptance of Town Manager Stephen Seidel Resignation 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—10:17 P.M. RECONVENED INTO REGULAR SESSION-START TIME—11:15 P.M. 17. Consider and take appropriate action regarding the Executive Session. Agenda Item No.16(A)(2)Motion: Motion made by Mayor Pro Tern Lamont, seconded by Council Member Kurtz, to accept the resignation of Town Manager Stephen Seidel effective October 2,2016. Town Council Minutes August 23,2016 Page 8 of 9 Mayor Sanders thanked Town Manager Seidel for his years of service that he had provided to the Town. Town Manager Seidel stated that it had been an honor to serve the Council and the community. Council Member Rowe commented that Stephen had improved several aspects of the Town over the past 18 months that he served as the Town Manager. Council Member Kurtz stated that Stephen had been excellent to work with and that he changed the Staff culture in a positive direction. The vote was taken. Motion passed unanimously. Mayor Sanders advised that direction was given to Staff to finish making suggested changes to the proposed agreement for Administration of Fire Protection Services. ADJOURN Mayor Sanders adjourned the meeting at 11:21 p.m. 4 A )411Zo, ./(1) Holly Fim es Town Secretary/RMO y.J- C. Nick Sanders, Mayor Town of Trophy Club,Texas h Town of Trophy Club,Texas ro 441.0.,.. 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