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Minutes TC 12/12/2017 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, DECEMBER 12,2017,7:00 P.M. LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, December 12, 2017. The meeting was held within the boundaries of the Town and was open to the public. 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 Greg Lamont Council Member, Place 5 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Tim Kurtz Council Member, Place 4 STAFF PRESENT: Tom Class Town Manager Amber Karkauskas Director of Finance David Dodd Town Attorney Chris McCauley Police Officer Holly Fimbres Town Secretary/RMO Thomas McLain Police Evidence Technician Patrick Arata Police Chief Lisa Payne Town Planner Paul Brandon Parks Superintendent Mike Pastor Information Technology Manager Wade Carroll Fire Chief Jonathan Phillips Director of Administrative Services Melinda Ciaglia Recreation Coordinator Tommy Uzee Director of Community Development Kristyn Dobson Animal Control Officer John Zagurski Budget Manager Francisco Garcia Building Maintenance Technician Steve Zieverink Information Technology Specialist Tony Jaramillo Director of Parks and Recreation Mayor Sanders announced the date of Tuesday, December 12, 2017, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Dr.Jimmy McLeod who led the first invocation at the first Town Council meeting on April 22, 1985. The Pledges to the American Flag and Texas Flag were led by Girl Scout Brownie Troop 7844. Mayor Sanders announced that the new gavel for the Council Chambers was provided by Council Member Shoffner. The gavel was handcrafted by a Virginia artist using wood from trees planted circa 1771-1850 at Mount Vernon,the home of George and Martha Washington. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda;Agenda Items No. 6 and 7; Executive Session;Agenda Items No. 8 through 14;Executive Session;and Agenda Items No. 16 through 18) 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. Bill Rose, 219 Inverness Drive, spoke on Agenda Item No. 10 regarding conducting a traffic study for a few intersections in Town. He supported the traffic study being conducted but he was not a proponent of installing traffic signals. He preferred the installation of roundabouts at the congested areas. Additionally, he provided statistics according to the Federal Highway Administration that determined roundabouts helped reduce the types of crashes where people were seriously hurt or killed by 78 to 82 percent when compared to conventional stop- controlled and signalized intersections. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class'update and provide input regarding the following(T.Class): • Introduction of Newly Hired Employees — Animal Control Officer Kristyn Dobson; Police Evidence Technician Thomas McLain; Recreation Coordinator Melinda Ciaglia; Building Maintenance Technician Francisco Garcia;and Administrative Specialist Anita Otterson. • Finance Department Awards — Received the Certificate of Achievement for Excellence in Financial Reporting for the Town's Comprehensive Annual Financial Report and the Award for Outstanding Achievement in Popular Annual Financial Reporting. • Town Holiday Events — Annual Christmas in the Park event was held on December 2nd and the Gingerbread House Decorating event would be held on December 15th at 6:30 p.m.at the Fire Station. Mayor Sanders announced that the Council had a new software application that was designed by Council Member Shoffner that notified him of each Council Member that wished to speak while keeping the speakers in sequential order. 2. Receive Town Council Liaison update;discussion of same(H. Fimbres): *Economic Development Corporation 4B,December 4,2017 Council Liaison-Council Member Philip Shoffner for Mayor Pro Tern Rhylan Rowe Council Member Shoffner stated that the majority of the Economic Development Corporation 4B meeting was held in Executive Session. He advised that the Corporation had directed Town Staff to work with OTD, as well as Council, to move forward and outline the terms of a development agreement with OTD for the Trophy Wood Phase III development as outlined and discussed during Executive Session. 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 November 14,2017(H. Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 4. Consider and take appropriate action regarding the financial and variance report dated September 2017 (A. Karkauskas). 5. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2017-2018 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); providing for an amendment to appropriate funds related to changes in services and supplies, personnel and capital for various departments; and providing an effective date(A. Karkauskas). Town Council Minutes December 12,2017 Page 2 of 8 Motion: Motion made by Mayor Pro Tern Rowe, seconded by Council Member Jensen to approve the Consent Agenda Items 3 through 5. Motion passed unanimously 6-0-0. REGULAR SESSION 6. Receive an update from the Greater Northwest Soccer Association regarding their Fall Season(T.Jaramillo). Matt Tibbitts, President of the Greater Northwest Soccer Association (GNWSA) Board of Directors, briefly went over their profit loss; registration income; expenses; insurance; concessions; donations; equipment rental; field rental; referee expenses; scholarships; 4th of July event; and uniforms. He advised that they had 833 youth registered for the Spring 2017 season (68 percent lived within the Trophy Club and Roanoke city limits)and 921 for the Fall 2017 season (71 percent lived within the Trophy Club and Roanoke city limits). Council Member Lamont recommended that the Town of Trophy Club,the City of Roanoke,and GNWSA enter into an agreement to avoid duplication of field use. No action was taken on this item. 7. Receive an update from Trophy Club Roanoke Youth Baseball Association regarding their Fall Season (T. Jaramillo). John Watson, President of the Trophy Club Roanoke (TCR) Youth Baseball Association, provided the following registration statistics: 682 recreation players and 125 select players for the Spring 2017 season (472 players lived within the Trophy Club and Roanoke city limits); and 472 recreation players and approximately 470 select players for the Fall 2017 season (329 players lived within the Trophy Club and Roanoke city limits). Additionally, he remarked that their association and the Town partnered to install new scoreboards at Independence Park West. Brandon Hennig, Vice President of the TCR Youth Baseball Association, commented that the concerns at Independence Park West during the Fall 2017 season were in the process of being addressed by improving the bathrooms and adding a shade structure at Field No.4. Council Member Shoffner commented that per their agreement an officer was required to attend a Council meeting and provide an update within 30 days after their Fall and Spring seasons. He pointed out that within the GNWSA agreement they were required to produce a community update following the end of each season, and the Town would utilize its various media outlets to reach Town residents with the information. He encouraged representatives with TCR Youth Baseball Association and GNWSA to supply their information to Town Staff in order to promote their associations. Council Member Lamont recommended that the Town of Trophy Club, the City of Roanoke, and TCR Youth Baseball Association enter into an agreement to avoid duplication of field use. No action was taken on this item. (Town Secretary Note:Council entered into Executive Session) 8. Consider and take appropriate action regarding the approval of the Town's Official Zoning Map per Section 14.02.003, Official Zoning Map, of Article 14.02, Zoning Ordinance, of Chapter 14, Zoning, of the Town of Trophy Club Code of Ordinances(L.Payne). Town Planner Payne stated that the Official Town Zoning Map was subject to approval due to direction from Council to restore the "Loop Road" on the map. The "Loop Road" had disappeared and reappeared several times on the Zoning Map in the last 20 years due to rerouting the anticipated road and the development of residential subdivisions. While researching the history of the Town's zoning cases, Staff discovered a few parcels that were never included in zoning documentation, specifically Harmony Park, a portion of the property next to the Town Town Council Minutes December 12,2017 Page 3 of 8 Homes, and the southwest corner of Town (north of State Highway 114). Staff would be presenting to Council proposed zoning for those properties that were never designated at an upcoming Council meeting. Council Member Shoffner acknowledged that the gas well sites had specific use permits and inquired about identifying the sites zoning of R-12 and R-15. He noted that the previous Town Planner had commented at the November 25,2014 Council meeting that the gas well sites were zoned residential and the ordinance provided that the sites must be restored back to their pre-drilling condition. Additionally, he mentioned that the gas well sites were not included as part of PD 27 per the metes and bounds section. Discussion took place that the two parcels by Churchill Downs and the one parcel by Harmony Park were grandfathered and would have to adhere to proper zoning if there were a change to the use of the property. Council Member Shoffner suggested that Staff review the possibility of changing the zoning of Medlin Middle School and Independence Park West, which were currently zoned as R-12. Town Planner Payne responded that changing the zoning to match the use was not necessary but could be done if Council desired that. Mayor Sanders recommended leaving the gas well sites as shown as having no zoning due to the Town's overlay district zoning of R-12. Council Member Shoffner commented that the specific use permits were specific to the gas well sites and did not technically change the R-12 zoning for possible future development. Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Shoffner, to approve the Town's Official Zoning Map as presented. Motion passed unanimously 6-0-0. 9. Town Council Future Agenda Item No.4 Discussion of and take appropriate action regarding Section 14.02.352, Landscaping Regulations,within the Town of Trophy Club Code of Ordinances to consider artificial turf as an allowable option in Town (Council Member Shoffner and Council Member Lamont). Director of Community Development Uzee presented the item and stated that Section 14.02.352(d)(5) of the Trophy Club Code of Ordinances required ground cover to be live material. He noted that Sec. 14.02.352(i), Applicability-Relief from landscaping requirements, allowed a property owner or contractor to seek relief of any landscaping requirement where the individual characteristics of or circumstances associated with a particular location limited the applicant's ability to comply with the landscaping requirements of the ordinance, such as the presence of existing facilities and unusual topography. An application must be reviewed by the Planning and Zoning Commission and sent with a recommendation to Town Council. The existing process allows the Commission and Town Council the ability to consider each application independently and supply relief if there is adequate justification. Council Member Shoffner commented that a fellow resident installed a pool and desired to install artificial turf in their backyard. He supported artificial turf being allowed in backyards and was in favor of the Council discussing the possibility of allowing it within front yards or side yards. He stated that in 2013 the Governor of California mandated the allowance of artificial turf due to a severe drought with the ability for municipalities to regulate the type of turf. Additionally, he was in favor of directing Staff to come back with a proposed ordinance that established guidelines to prevent issues such as water runoff. Mayor Pro Tern Rowe supported artificial turf in backyards,front yards,and side yards. Mayor Sanders was concerned with drainage issues that would affect adjacent neighbors and recommended that Council provide input on the specifications that they desired to be established within a proposed ordinance. Town Council Minutes December 12,2017 Page 4 of 8 Director of Community Development Uzee commented that drainage could be a major issue because the majority of yards have unnoticeable swales or berms in their yards to help direct water flow and typically artificial turf would be installed on a flat yard;therefore he recommended that a grading plan be required. No action was taken on this item. 10. Discussion of and take appropriate action regarding conducting a traffic study for the following three intersections in Town: Bobcat Boulevard and Trophy Club Drive, Parkview Drive and Bobcat Boulevard,and Durango Drive and Trophy Club Drive(Mayor Sanders and Council Member Jensen). Mayor Sanders advised that the focal point for this item was whether or not to proceed with a traffic study at certain intersections within the Town to be able to understand possible solutions for any problematic areas. The estimated cost for the traffic studies would be$28,500 and would come from the Engineering budget. Main Motion: Main Motion made by Council Member Jensen,seconded by Mayor Pro Tern Rowe,to approve conducting a traffic study for the following Town intersections: Bobcat Boulevard and Trophy Club Drive; Parkview Drive and Bobcat Boulevard;and Durango Drive and Trophy Club Drive;as well as Trophy Club Drive and Indian Creek Drive. Council Member Shoffner supported the first three intersections but he was inclined to delay conducting a traffic study for the Trophy Club Drive and Indian Creek Drive intersection until the PD 30 development was underway. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Council Member Lamont, to remove the Trophy Club Drive and Indian Creek Drive intersection from the Main Motion. Mayor Pro Tem Rowe was in favor of including the Trophy Club Drive and Indian Creek Drive intersection because it would offer comparison data for an intersection that already had a traffic control measure in place, as well as provide relative information regarding the percentage of traffic realized at the intersection. Conversation ensued that the Trophy Wood Drive and Indian Creek Drive intersection currently appeared to have more traffic than the Trophy Club Drive and Indian Creek Drive intersection; however both intersections currently have stop signs installed. The vote for the Motion to Amend was taken, to remove the Trophy Club Drive and Indian Creek Drive intersection from the Main Motion. Motion to Amend carried 4-2-0 with Mayor Sanders and Council Members Fleury, Lamont, and Shoffner voting for,and with Mayor Pro Tem Rowe and Council Member Jensen voting against. The vote for the Main Motion as Amended was taken, to approve conducting a traffic study for the following Town intersections: Bobcat Boulevard and Trophy Club Drive; Parkview Drive and Bobcat Boulevard; and Durango Drive and Trophy Club Drive. Main Motion as Amended passed unanimously 6-0-0. 11. Consider and take appropriate action regarding selling or donating items from the old Town Hall and Police Department to the City of Rockport and to the City of Pelican Bay, or other municipalities that need assistance due to Hurricane Harvey(Mayor Sanders). Mayor Sanders provided a brief update that the City of Rockport completely lost their Town Hall due to Hurricane Harvey and he wanted the ability to identify if the Town would be able to donate items from the old Town Hall facility. He noted that Police Chief Arata was approached by the City of Pelican Bay to see if the Town had any items to donate because they were also negatively impacted by Hurricane Harvey. Town Council Minutes December 12,2017 Page 5 of 8 Town Manager Class stated that Staff completed a furniture inventory from the old Town Hall and Police Department, which had been provided to the City Manager of the City of Rockport for review of any items they needed. Town Attorney Dodd advised that the property would need to be deemed as surplus in order to donate them either to the City of Rockport or to the City of Pelican Bay. Motion: Motion made by Council Member Fleury, seconded by Mayor Sanders, to list the inventory of furniture items currently located in the former Town Hall and Police Department as surplus as presented at the dais. Mayor Pro Tem Rowe inquired if deeming the items as surplus in order to donate the items would preclude the Town from holding onto any of the items. Town Attorney Dodd confirmed that deeming the items as surplus would not prohibit the Town from keeping any of the items. The vote was taken. Motion passed unanimously 6-0-0. 12. Consider and take appropriate action regarding an Ordinance amending Division 2, Meetings and Rules of Procedure,of Article 1.03,Town Council,of Chapter 1,General Provisions,of the Town of Trophy Club Code of Ordinances;and providing an effective date(H. Fimbres). Mayor Sanders advised that there were only two minor proposed changes with the first being within Section 1.03.033,Types of meetings, Subsection (a),that changed the location for regular session Council meetings to the new Town Hall facility. The other change was the removal of the Staff notation at the end of each agenda item because Staff was now placing their first initial and last name for their items to be presented to Council. Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve Ordinance No. 2017-30, amending Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances;and providing an effective date of December 12,2017. Motion passed unanimously 6-0-0. 13. Receive an update from Town Staff and provide appropriate direction regarding the May 2018 General and Special Election(H. Fimbres). Mayor Sanders advised that Staff was seeking guidance in preparing the Election Order regarding the length of term for the Trophy Club Crime Control and Prevention District to be either continued for five (5), 10, 15, or 20 years. Mayor Sanders received consensus from the Council to prepare the Election Order to reflect that the Trophy Club Crime Control and Prevention District be continued for five(5)years. 14. Discussion of items for Future Agendas to include agenda items for consideration on the January 9, 2018 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. Mayor Sanders requested that the Green Ribbon grant update, Item No. 2 from the Town Council Future Agenda Items list, be removed from the January 9, 2018 Council agenda because there was no new update to provide. Town Council Minutes December 12,2017 Page 6 of 8 Additionally, he requested to remove Item No. 4 from the Town Council Future Agenda Items list: Discussion of and take appropriate action regarding Ordinance 14.02.352 Landscaping regulations to consider Artificial Turf as an allowable option in Town. (Shoffner and Lamont 9/15/2017) (1-December 12,2017) Council Member Jensen requested that two items be added to the January 9, 2018 Council agenda in order to consider an appointment to the Economic Development Corporation 4B and an appointment to the Tax Increment Reinvestment Zone No. 1 due to the recent resignation of David Brod. Mayor Pro Tem Rowe requested that an item be added to the January 9, 2018 Council agenda to discuss and take appropriate action for potential Charter amendments. EXECUTIVE SESSION 15. 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: 1. Pending Litigation(D. Dodd) 2. Open Government Law(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: 1. Crime Control and Prevention District(H.Fimbres) 2. Planning and Zoning Commission(H. Fimbres) 3. Possible Consultant for Economic Development(T.Class) CONVENED INTO EXECUTIVE SESSION-START TIME—7:38 P.M. RECONVENED INTO REGULAR SESSION-START TIME—8:55 P.M. RECONVENED INTO EXECUTIVE SESSION-START TIME—9:42 P.M. RECONVENED INTO REGULAR SESSION-START TIME—10:09 P.M. RECONVENED INTO REGULAR SESSION 16. Consider and take appropriate action repealing Resolution 2017-15 and adopting a new Resolution, filling one(1)vacant position for the remainder of an unexpired term on the Crime Control and Prevention District Board;reaffirming existing appointments;and providing an effective date(H.Fimbres). Motion: Motion made by Council Member Fleury, seconded by Council Member Jensen, to repeal Resolution No. 2017-15 and approve Resolution No. 2017-39, appointing Karl Monger to Place 1, filling one (1) vacant position for the remainder of an unexpired term on the Crime Control and Prevention District; reaffirming existing appointments; and providing an effective date of December 12,2017. Motion passed unanimously 6-0-0. Town Council Minutes December 12, 2017 Page 7 of 8 17. Consider and take appropriate action repealing Resolution 2017-32 and adopting a new Resolution, filling one (1) vacant position for the remainder of an unexpired term on the Planning and Zoning Commission; reaffirming existing appointments and Chairperson;and providing an effective date(H. Fimbres). Motion: Motion made by Council Member Jensen, seconded by Council Member Fleury, to repeal Resolution No. 2017-32 and approve Resolution No. 2017-40, appointing Michael Biggs to Place 7, filling one (1) vacant position for the remainder of an unexpired term on the Planning and Zoning Commission; reaffirming existing appointments and Chairperson;and providing an effective date of December 12, 2017. Motion passed unanimously 6-0-0. 18. Consider and take appropriate action regarding the Executive Session(H. Fimbres). Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Shoffner, to approve a Professional Services Agreement with Pettit and Associates in an amount not to exceed $8,500 in order to update the Town's forecasting and reporting for the Tax Increment Reinvestment Zone No. 1. Motion passed unanimously 6-0-0. ADJOURN Mayor Sanders adjourned the meeting at 10:12 p.m. Holly Fimbres Town Secretary C. Nick Sanders, Mayor Town of Tro y Club,Texas <. '`yam Town of Trophy Club,Texas Almorip- :71 Town Council Minutes December 12,2017 Page 8 of 8