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Minutes TC 02/20/2017 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Monday, February 20,2017 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 Monday, February 20, 2017.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: Tom Class Town Manager David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Amber KarkauskasInterim Finance Director Sherri Lewis Communications and Events Manager Mike Pastor Information Services Director John Zagurski Strategic Services Coordinator Mayor Sanders announced the date of Monday, February 20, 2017, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Town Secretary Fimbres. The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz. 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. Dr. Ryder Warren, Superintendent with Northwest Independent School District, expressed the District's appreciation for the service provided by the Town's first responders during the bomb threat at Byron Nelson High School on January 30,2017. Sean Dukes, 2715 Trophy Club Drive, conveyed his gratitude for the assistance provided by the Town's first responders during the bomb threat at Byron Nelson High School. Robert Hoch, 245 Oak Hill Drive, spoke to the Council regarding Standard Pacific, the Developer of the Isle of Turnberry Development, removing a substantial number of trees in order to develop the property. He believed that the fence line at the south and east boundary with the golf course should be thickly treed with good sized replacements. This would extend the present small copse of trees abutting the southeastern edge of the development to shield the garages of the new homes from the golf course and provide cover for existing wildlife. The issue was discussed with Matt Beroth, Manager of the Country Club, and he was willing to allow trees to be planted on Country Club property to be part of the remediation. Mr. Hoch was not in favor of allowing the developer to accomplish the tree remediation by paying the Town. Additionally, he requested that occupancy permits be denied for the Pacific Homes final properties until trees were planted in order to spur immediate activity. Chad Reithmeier, 2022 Churchill Downs Lane, introduced himself as a candidate for Council Member Place No. 1 on the upcoming May 6, 2017 General Election. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update regarding the following; discussion and provide input regarding same (Staff). • May 6,2017 General Election • Police Recognition Program • Town Hall Construction Town Manager Class updated the Council and addressed questions;no action was taken on this item. Council Member Shoffner inquired if a tour of the new Town Hall facility would be scheduled during the Council Retreat on February 25, 2017. Town Manager Class confirmed that a tour was scheduled. Council Member Kurtz asked if it was the Town's first time to receive the "Recognized Law Enforcement Agency" award. Police Chief Arata confirmed that it was the Town's first time to receive the award and he stated that the Town was the 139th out of 2,400 agencies in the State to be recognized. Additionally, he noted that the Police Department was recognized by the Northeast Leadership Forum for their commitment to protect and serve the community. 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 Town Council Regular Session Minutes dated January 10,2017(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding the financial and variance report dated December 2016 (Staff). 4. Receive Annual Racial Profiling Report; discussion of same (Staff). (Town Secretary Note: Approved as presented at the dais) 5. Consider and take appropriate action regarding an Ordinance amending subsection i, "Annual capital improvement and maintenance charge," of Section A1.014, "Water and wastewater fees for Public Town Council Minutes February 20, 2017 Page 2 of 6 Improvement District No. 1,"within Appendix A, "Fee Schedule," of the Trophy Club Code of Ordinances,to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing an effective date(Staff). 6. Consider and take appropriate action regarding designating an Acting Town Manager in compliance with Section 4.06,"Acting Town Manager,"of the Trophy Club Town Charter(Staff). 7. Consider and take appropriate action regarding amendments made to Case PD-AMD-16-053(PD-21 Window Signage) at the January 24, 2017 Council meeting, a request to amend Exhibit C, Section B(7) Signs, of Ordinance No. 2013-39 P&Z, PD Planned Development District No. 21, generally located on the northeast corner of 51-1114 and Trophy Lake Drive(Council). 8. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County for administration of the May 6, 2017 Town General Election; and authorizing the Mayor or his designee to execute all necessary documents(Staff). 9. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on Texas Local Government Investment Pools(TexPool)signature accounts; and providing an effective date(Staff). 10. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on Lone Star Investment Pool (Lone Star)signature accounts;and providing an effective date(Staff). Council Member Shoffner requested to remove Agenda Item No. 6 from the Consent Agenda. Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Consent Agenda Items 2 through 5 and Items 7 through 10. Motion passed unanimously. REGULAR SESSION 6. Consider and take appropriate action regarding designating an Acting Town Manager in compliance with Section 4.06, "Acting Town Manager,"of the Trophy Club Town Charter(Staff). Council Member Shoffner wanted to take the opportunity to thank Police Chief Arata for his exceptional service that he provided while serving as the Acting Town Manager. He was grateful for his assistance providing a draft agenda to the Council and for personally reaching out to the Council in order to address any questions. Motion: Motion made by Council Member Shoffner, seconded by Mayor Pro Tre Lamont, designating Police Chief Arata as Acting Town Manager in compliance with Section 4.06, "Acting Town Manager,"of the Trophy Club Town Charter. Motion passed unanimously. 11. Receive an update from the Stars and Stripes Committee regarding the July 4th Parade of Patriots and flag planting(Staff). Kelly Castonguay, representing the Stars and Stripes Committee, stated that they are preparing for another successful parade and encouraged participants to use the user friendly application located on their Facebook page https://www.facebook.com/TCStarsAndStripesi Tiffany Nimphius, representing the Stars and Stripes Committee, advised that the flag process would remain the same but minor changes to the routes would be made. She advised that last year several flags were lost due to weather and that approximately one-third of the flags would need to be replaced. She noted that the Town was Town Council Minutes February 20, 2017 Page 3 of 6 responsible for about 8,200 flags,which cover the main thoroughfares, and that approximately 30,000 flags would be planted throughout Town. She announced that their upcoming hot dog social was to show appreciation to the volunteers and that flags would be sold for$10 per bundle. Council Member Shoffner inquired about the revenue source for the budgeted $5,000 within the hotel occupancy tax (HOT) line item. Strategic Services Coordinator Zagurski responded that the source was from the Patriot 5K& Fun Run. Council Member Shoffner recommended that the Town partner with the Stars and Stripes Committee to provide excess funds to offset their cost with the event since they provide the volunteers for the 5K race. Additionally, he suggested reviewing the allocated HOT funds for ads within 360 West Magazine. Council Member Reed noted for historical reasons that Dr.John Mathews donated$10,000 to the Stars and Stripes Committee that bought the original flags. Council Member Kurtz thanked the Committee for their service and assistance organizing the event. No action was taken on this item. 12. Consider and take appropriate action regarding approval of the purchase of two vehicles(Staff). Motion: Motion made by Council Member Reed, seconded by Council Member Shoffner, to approve the purchase of two vehicles. Motion passed unanimously. 13. Discussion of and provide direction to Town Staff regarding tree houses(Town Council Future Agenda Item No.4-Council Member Shoffner). Council Member Shoffner advised that currently there are several tree houses built within the Town despite the prohibition of tree houses that has been in effect since 1985. He was in favor of removing the prohibition and establishing regulations for tree houses. Jennifer Winmill, 7 Overhill Drive, was not in favor of permitting tree houses due to privacy reasons and site visibility. She noted that a possible stipulation to allow a tree house was that the owner would have to receive the neighbor's approval. She believed that only the older parts of Town would install tree houses because the newer homes were regulated by homeowner associations. Mayor Sanders commented that this item was to allow Council's direction to either enforce the current ordinance prohibiting tree houses or to allow them with established regulations. Additionally, he inquired if existing tree houses would be subject to any new required regulations. Town Attorney Dodd responded that they would be subject to any new regulations because they are not currently a legal use. Council Member Shoffner pointed out that children playhouses were allowed and that under subsection v, Height requirements/screening requirements,alpha c, a playhouse shall not exceed one story in height and the maximum height of one story could not exceed twenty feet(20'). He explained that an individual could have a playhouse on stilts that was outside of a tree. Mayor Pro Tem Lamont was in favor of leaving the current ordinance in place, enforcing it, and reviewing the playhouse ordinance. Council Member Rowe was in favor of protecting the rights of private property owners but saw the value of having height restrictions for tree houses similar to play houses. Town Council Minutes February 20, 2017 Page 4 of 6 Council Member Reed agreed with enforcing the current ordinance because allowing tree houses with regulations would create additional enforcement. Council Member Shoffner reviewed his proposed amendments to the ordinance, which included adding a definition for tree houses,that no permanent electricity and/or water should be supplied to either a tree house or playhouse, and that there be a maximum height of fifteen feet (15') for a tree house and play house. He added that the Town was more of a retirement community when the prohibition of tree houses occurred in 1985. Council Member Kurtz was in favor of allowing tree houses with a height restriction of fifteen feet(15')and having a distance requirement from other homes. Council Member Rowe was in favor of allowing tree houses with a height restriction of fifteen feet(15'). Mayor Sanders received consensus from the Council to modify the ordinance to cover tree houses and playhouses with a height restriction of fifteen feet(15'),which would be presented to Council at a later date. 14. Discussion of and provide direction to Town Staff regarding a future budget amendment (Council Member Shoffner and Mayor Sanders). Town Manager Class advised that he would be proposing changes to the organizational structure and requested that this agenda item be considered at the Council Retreat on February 25, 2017. Motion to Refer: Motion to Refer made by Council Member Shoffner, seconded by Council Member Reed, this agenda item to the Council Retreat on February 25, 2017. Motion passed unanimously. 15. Consider and take appropriate action regarding the March 2017 Town Council meetings (Council Member Reed and Mayor Sanders). Mayor Sanders stated that the scheduled March 14, 2017 Council meeting was during the week of Spring Break and that some individuals may be out of town. Council Member Rowe commented that it may be feasible to take action on this item at the Council Retreat in case there were any time sensitive items that would need to be considered. No action was taken on this item. 16. Discussion of items for Future Agendas to include agenda items for consideration on the March 14, 2017 Council agenda 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. A) Item No. 1. - 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) (4-November 8,2016)(5-February 14,2017) Town Council Minutes February 20,2017 Page 5 of 6 Mayor Sanders stated that a joint meeting could be scheduled in the future in order to allow the newly hired TCMUD No. 1 General Manager to be apprised of the subject. Council Member Shoffner recommended discussing this item at the Council Retreat because he had some suggestions. Mayor Sanders requested that Agenda Item No. 7 be placed on the March 14, 2017 Consent Agenda since it was a routine item: Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2017. Mayor Sanders requested to remove Item No. 4 from the Town Council Future Agenda Items list: Consider repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner 7/12/2016) (1-October 11, 2016) (2-January 10, 2017) (3-April 11, 2017) Mayor Pro Tem Lamont suggested that the pending entryway monumentation and medians item be addressed prior to the May 6, 2017 General Election since Council Member Reed was instrumental in assisting with the process. EXECUTIVE SESSION 17. 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 551.087 Deliberations regarding Economic Development Negotiations under Subsection (2) 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: 1. Potential Joint Development Agreement 2. Possible Incentive Package B) Section 551.072 Deliberation regarding Real Property to discuss or 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: Possible Purchase or Sale of Real Estate CONVENED INTO EXECUTIVE SESSION-START TIME—8:03 P.M. RECONVENED INTO REGULAR SESSION-START TIME—9:32 P.M. RECONVENED INTO REGULAR SESSION 18. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Reed, seconded by Council Member Kurtz, to adjourn the meeting at 9:33 p.m. Motion passed unanimously. :;n" _ Holly Fimbres,T•wn Secretary,O C. Nick Sanders, Mayor Town of Trophy Club,Texas : Town of Trophy Club,Texas * / w Town Council Minutes ''Y 1, ,February 20, 2017 Page 6 of 6