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Minutes TC 11/14/2017 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,NOVEMBER 14,2017,7:00 P.M. LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS SVORE MUNICIPAL BUILDING BOARDROOM The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, November 14, 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 Rhylan Rowe Mayor Pro Tem, Place 3 Alicia Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 Tim Kurtz Council Member, Place 4 Greg Lamont Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Tom Class Town Manager Amber Karkauskas Director of Finance David Dodd Town Attorney Chris McCauley Police Officer Holly Fimbres Town Secretary/RMO Lisa Payne Town Planner Wade Carroll Fire Chief Mike Pastor Information Technology Manager April Duvall Chief Financial Analyst Jonathan Phillips Director of Administrative Services Tony Jaramillo Director of Parks and Recreation Tommy Uzee Director of Community Development Mayor Sanders announced the date of Tuesday, November 14, 2017, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Senior Minister Jeff Brooks with Lake Cities Church of Christ. The Pledges to the American Flag and Texas Flag were led by Council Member Fleury. 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. Receive Town Manager Class'update and provide input regarding the following(T.Class): • Town Hall Dedication — Scheduled for November 18th from 1:00 p.m. to 4:00 p.m., with the Ribbon Cutting Ceremony at 1:30 p.m. Tours of the facility would be given by volunteers, and lite refreshments and small commemorative items would be provided. Following the Dedication would be the first annual Chili Cook-Off hosted by the Trophy Club Emergency Volunteer Association at 4:00 p.m. in the eastern portion of the parking lot. • Newly Hired Employees — Kristyn Dobson was hired as the Animal Control Officer; Melinda Ciaglia was hired as the Recreation Coordinator; Francisco Garcia was hired as the Building Maintenance Technician; and Thomas McClain was hired as the Evidence Technician. • Volunteer Program—Commenced on October 30th with 25 volunteers trained to man the reception desk Monday through Friday from 9:00 a.m. to 5:00 p.m. Staff anticipates another 30 volunteers who will go through the training process. 2. Receive Town Council Liaison updates;discussion of same(H.Fimbres): *Animal Shelter Advisory Board,October 30,2017 Council Liaison-Council Member Philip Shoffner *Economic Development Corporation 4B, November 6,2017 Council Liaison-Mayor Pro Tern Rhylan Rowe Council Member Shoffner advised that the Animal Shelter Advisory Board introduced their newly appointed members,which included Dr. Rachel Speed, D.V.M.who will be a vital asset. Staff provided an update to the Board about the hiring process of the Animal Control Officer. The Board also formed a subcommittee to meet with the Parks and Recreation Board to review electronic entry at Freedom Dog Park. Mayor Pro Tem Rowe stated that the Economic Development Corporation 4B approved the Amended Declaration of Parking Easement agreement related to the HG Sply development. Additionally, the Corporation closed the Trophy Wood District Request for Proposal (RFP) and made a motion to begin negotiations with Old Town Development,who responded to the RFP. 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 Town Council Regular Session Minutes dated October 10,2017(H. Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 4. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated October 24,2017(H.Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 5. Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2017 (A. Karkauskas). Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve the Consent Agenda Items 3 through 5. Motion passed unanimously 7-0-0. REGULAR SESSION 6. Case TUP-17-009(HG Sply Construction Trailer) Consider and take appropriate action regarding a Resolution approving a request for a Temporary Use Permit to allow a construction trailer at the site of a future restaurant, generally located on the northwest corner of Trophy Wood Drive and SH 114(L.Payne). Town Planner Payne advised that the applicant, RJM Contractors, Inc., on behalf of Old Town Development were requesting a Temporary Use Permit to allow a construction trailer to be located at the construction site of the future HG Sply restaurant until construction was completed. The 10' x 46', at most, trailer would be placed in the future parking spaces closest to the entrance on the SH 114 frontage road,and the entire construction area would be fenced in by a six (6) foot tall chain link fence covered by a green canvas windscreen, or if preferred a black canvas windscreen was also available. Additionally, the Planning and Zoning (P&Z) Commission recommended approval subject to the construction trailer being removed before a Certificate of Occupancy was issued. Town Council Minutes November 14,2017 Page 2 of 6 Robin Jenkins,with RJM Contractors, Inc., and Dennis Sheridan, Chairman of the P&Z Commission were present to address any questions. Motion: Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Rowe, to approve Resolution No. 2017- 34, approving a request for a Temporary Use Permit to allow a construction trailer at the site of a future restaurant,generally located on the northwest corner of Trophy Wood Drive and SH 114;with the requirement for removal consistent with Section 3.08.071, Boats or trailers tied into utility service; construction trailers, within the Town Code of Ordinances,and to allow the fence screening color to be at the discretion of the applicant. Council Member Jensen inquired what the timing was for the removal of the construction trailer per Section 3.08.071. Council Member Shoffner stated that the construction trailer must be removed no later than seven (7) days after completion of construction. The vote was taken. Motion passed unanimously 7-0-0. 7. Case#SUP-17-001(Homewood Suites Alcohol) a. Conduct a Public Hearing regarding a request made by Homewood Suites for a Specific Use Permit for alcoholic beverage sales for off-premise consumption, generally located north of SH 114 and approximately 815 feet west of Trophy Wood Drive(L. Payne). Mayor Sanders opened the public hearing at 7:16 p.m. There were no individuals that wished to speak. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:17 p.m. b. Consider and take appropriate action regarding an Ordinance approving a request made by Homewood Suites for a Specific Use Permit for alcoholic beverage sales for off-premise consumption, generally located north of SH 114 and approximately 815 feet west of Trophy Wood Drive(L.Payne). Town Planner Payne advised that the applicant, Homewood Suites, was requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for off-premise consumption so that they may be able to sell beer and wine in the Suite Shop, alongside snacks and toiletries, located inside the hotel. A BQ- Wine and Beer Retailer's Off-Premise Permit, through the Texas Alcoholic Beverage Commission, authorizes the holder to sell unopened beer, wine, and malt liquor containing between 0.5% and 17% alcohol by volume for off-premise consumption. Guests would be allowed to take their drink to their room for consumption because it was not on the premise of the Suite Shop. Additionally,the P&Z Commission recommended approval of the SUP request. Jay Darsie, Manager of Homewood Suites,was present to address any questions. Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve Ordinance No. 2017-29 P&Z, approving a request made by Homewood Suites for a Specific Use Permit for alcoholic beverage sales for off premise consumption,generally located north of SH 114 and approximately 815 feet west of Trophy Wood Drive. Motion passed unanimously 7-0-0. Town Council Minutes November 14,2017 Page 3 of 6 8. Consider and take appropriate action regarding a Resolution adopting an Investment Policy; and providing an effective date(A. Karkauskas). Emily Upshaw, Registered Investment Adviser with Valley View Consulting, LLC, stated that the Investment Policy was required to be approved by the Council on an annual basis. The Town's Investment Committee,along with the Council Finance Subcommittee, reviewed the proposed updates that included the following: broadening the scope of the Town's investment opportunities so that the Town was not unnecessarily restricted to certain investment products; and necessary changes to comply with the Public Funds Investment Act/SEC legal requirements. Supplementing the Investment Policy updates,the Town's list of Authorized Broker/Dealers and Approved Training Sources had also been revised per the recommendation of Valley View Consulting, LLC. Motion: Motion made by Council Member Shoffner, seconded by Council Member Jensen,to approve Resolution No. 2017- 37,adopting an Investment Policy;and providing an effective date of November 14,2017. Motion passed unanimously 7-0-0. 9. Consider and take appropriate action regarding a Resolution authorizing the Town Manager and/or the Director of Finance to negotiate and execute any and all contracts and other documents incident to establishing bank and investment account(s) for the purpose of investing in authorized investments and financial institution deposits;and providing an effective date(A. Karkauskas). Ms. Upshaw advised that this was a blanket resolution and the objective of this resolution was to allow Town administration to make timely decisions so as not to miss investment opportunities. Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Fleury, to approve Resolution No. 2017-38, authorizing the Town Manager and/or the Director of Finance to negotiate and execute any and all contracts and other documents incident to establishing bank and investment account(s) for the purpose of investing in authorized investments and financial institution deposits;and providing an effective date of November 14,2017. Motion passed unanimously 7-0-0. 10. Discussion of and take appropriate action regarding setting a date for the 2018 Council Retreat and discuss potential agenda items(T.Class). Town Manager Class requested that the Council set a date for the 2018 Council Retreat and provide direction for any topics that they wished to discuss. He proposed having the Retreat on either January 13th, 20th, or 27th and to only hold one regularly scheduled Council meeting in January 2018. Council Member Jensen recommended canceling the January 23, 2018 Council meeting and holding the Council Retreat on January 27,2018. Council Member Shoffner suggested holding the Council Retreat at the new Town Hall facility. Mayor Sanders received consensus from the Council to hold the Council Retreat at the new Town Hall facility on January 27,2018 at 9:00 a.m.and to cancel the regularly scheduled January 23,2018 Council meeting. Council Member Jensen preferred to have Item No. 3 from the Town Council Future Agenda Items list, regarding the Veterans Memorial, presented at the January 27, 2018 Council Retreat. Council Member Kurtz requested that an item be presented regarding Healthcare. Mayor Sanders suggested that each department present their Goals and Objectives. Council Member Lamont requested an Understanding Agreement between the Sports Associations, City of Roanoke,and the Town regarding scheduling and the reseeding of fields. Town Council Minutes November 14,2017 Page 4 of 6 Council Member Shoffner suggested having an item for the Fiscal Year 2018-2019 Budget Goals and an item related to the retention ponds behind the homes adjacent to the linear trail. 11. Town Council Future Agenda Item No.5 Discussion of and take appropriate action regarding sales tax allocation and House Bill 157; including directing Town Staff to proceed with the planning and calling a Continuation Referendum for the Trophy Club Crime Control and Prevention District and calling a Reauthorization Election for the Town's 1/4%sales tax for Street Maintenance(Mayor Sanders and Mayor Pro Tern Rowe). Mayor Pro Tem Rowe advised that House Bill 157 provided for more flexibility for municipalities. The bill authorizes a city to hold an election to reallocate sales tax revenue. By doing so, it allows a city to determine whether dedicated sales taxes should be increased or decreased, or whether a general revenue sales tax better serves its needs. The bill does not allow an increase above the two (2) percent local cap, but it authorizes reallocation by election within a percentage that is below that cap. Discussion took place regarding either planning for an election to reallocate sales tax revenue, or to proceed with calling a Continuation Referendum for the Trophy Club Crime Control and Prevention District and calling a Reauthorization Election for the Town's 1/4 percent sales tax for Street Maintenance. Mayor Sanders received consensus from the Council to direct Town Staff to proceed with the planning and calling a Continuation Referendum for the Trophy Club Crime Control and Prevention District and calling a Reauthorization Election for the Town's 1/4 percent sales tax for Street Maintenance. 12. Discussion of items for Future Agendas to include agenda items for consideration on the December 12,2017 Council agenda and items from the Town Council Future Agenda Items list(H. Fimbres). 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. Council Member Jensen stated that he would like to have a traffic study provided with Item No. 11 on the December 12, 2017 Council agenda regarding the following intersections: Bobcat Boulevard and Trophy Club Drive; Parkview Drive and Bobcat Boulevard;and Durango Drive and Trophy Club Drive. Town Manager Class commented that the approximate cost involved with conducting the studies would be provided and Staff would request Council's direction whether or not to pursue the studies. Mayor Sanders requested to remove Item No. 5 from the Town Council Future Agenda Items list: Discussion of and take appropriate action regarding sales tax allocation and HB 157. (Rowe 10/5/2017) (1-January 9, 2018) EXECUTIVE SESSION 13. 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 551.071 Consultation With Attorney under Subsection(2)to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically: Pending Litigation(D. Dodd) B) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation and duties of a public officer or employee: Town Council Minutes November 14,2017 Page 5 of 6 1. Goals and Objectives for Council Appointed Employees(Town Council) 2. Denton Central Appraisal District Board of Directors(H. Fimbres) 3. Tarrant Appraisal District Board of Directors(H. Fimbres) 4. Possible Consultant for Economic Development(T.Class) C) 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 and Section 551.087 Deliberation 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: North of Highway 114,east of Trophy Club Drive(T.Class) CONVENED INTO EXECUTIVE SESSION-START TIME—7:40 P.M. RECONVENED INTO REGULAR SESSION-START TIME—8:50 P.M. RECONVENED INTO REGULAR SESSION 14. Consider and take appropriate action regarding an amendment to a Declaration of Parking Easement Agreement;and authorize the Mayor or his designee to execute all necessary documents(T.Class). Motion: Motion made by Mayor Pro Tem Rowe,seconded by Council Member Fleury,to approve the Amended Declaration of Parking Easement Agreement as presented; and authorize the Mayor or his designee to execute all necessary documents. Motion passed unanimously 7-0-0. 15. Consider and take appropriate action regarding a Resolution of the Town Council casting the Town's twenty-three (23) allocated votes for a candidate or candidates to serve on the Denton Central Appraisal District Board of Directors;and providing an effective date(H. Fimbres). No action was taken on this item. 16. Consider and take appropriate action regarding a Resolution of the Town Council casting the Town's one(1) allocated vote for a candidate to serve on the Tarrant Appraisal District Board of Directors;and providing an effective date(H.Fimbres). No action was taken on this item. 17. Consider and take appropriate action regarding the Executive Session(H. Fimbres). No action was taken on this item. ADJOURN Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Rowe, to adjourn the meeting at 8:52 p.m. Motion passed unanimously 7-0-0. dk(1(, U:Mb-61.0 /j Holly Fimbr ,Town Secretary C. Nick Sanders, Mayor Town of Trophy Club,Texas f CTown of Trophy Club,Texas Town Council Minutes November 14,2017 Page 6 of 6