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Minutes TC 05/28/2019 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,MAY 28,2019,7:00 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, May 28, 2019. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Eric Jensen Mayor Pro Tem, Place 2 Alicia L. Fleury Council Member, Place 1 Sean Bone Council Member, Place 3 Michael Geraci Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Jonathan Phillips Interim Town Manager Tony Jaramillo Director of Parks and Recreation David Dodd Town Attorney Mike Pastor Information Technology Manager Holly Fimbres Town Secretary/RMO Tommy Uzee Director of Community Development Patrick Arata Police Chief Steve Woodard Police Captain Wade Carroll Fire Chief John Zagurski Finance Manager Melinda Ciaglia Recreation Specialist Mayor Sanders announced the date of Tuesday, May 28, 2019, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Fire Chief Carroll. The Pledges to the American Flag and Texas Flag were led by Council Member Bone. 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. Veronica Ruangskul, 1 Greenhill Trail, spoke about the Indian Creek waterline replacement, street improvement, and sidewalk project. She has lived at her residence for 34 years and has not experienced drainage issues before. She provided one handout and stated Exhibit 1 showed that their driveway was level and smooth before construction began. Exhibit 2 showed their boundaries with a lower backyard level then their driveway. Exhibit 3 showed the construction approach and sidewalk. Exhibit 4 was a view from the house to the street to show that the left side was six inches higher and the right side was nine inches higher than the existing driveway level. The Town's engineer desired to remove 14 feet of her driveway to match the change. The new driveway was going to be crooked because the new sidewalk was not even with the approach to her driveway. She attended the February and October 2015 Town Hall meetings that were held by the Town's engineer and she had not been told about the driveway change until January 2019. She raised her concerns to the Town and had not received a response back. About two weeks ago, she was told that the contractor was going to lay the approach frame,which would allow her to see what it would look like. On May 21, 2019, the frame was set and she noticed a significant change; therefore she asked that the Council remove the sidewalk toward the street with a drop down curb as shown on Exhibits 5—7. Concerning the water velocity, the area was only 14 feet long and 12 feet wide with a six inch rise on the left side and a nine inch rise on the right. She was concerned about flooding issues when rain occurred. Mayor Sander requested that Ms. Ruangskul email a copy of the exhibits to the entire Council since she only had one copy. ANNOUNCEMENTS AND REPORTS 1. Receive Interim Town Manager Phillips'update and provide input regarding the following(J. Phillips): • 4th of July Celebration — Would begin at 7:15 a.m. with the Patriot 5K and Fun Run, followed by the Parade of Patriots at 9:30 a.m., and the Fireworks Celebration would be from 6:00 p.m. to 10:00 p.m.at Independence Park East. • Volunteer Appreciation Reception—Due to scheduling conflicts, the date of the reception was moved to July 25th to recognize the Town's volunteers. 2. Receive Town Council Liaison update;discussion of same(J. Phillips): *Parks and Recreation Board,May 20,2019 Council Liaison-Council Member Alicia L. Fleury Council Member Fleury provided an update regarding the May 20, 2019, Parks and Recreation Board meeting that included: • Completion of Jagger's Journey at Harmony Park with a ribbon cutting ceremony scheduled for June 1st; • Large shade structure at Harmony Park would be replaced at no cost to Town because it was still under warranty; • Repairs to the Community Pool have been made and shade structure fabric has been replaced with blue fabric; • Staff has been in contact with other cities that border Lake Grapevine in order to plan for trail connectivity to offer additional access points to the public; • Parks Improvement Subcommittee was formed; • Summer Camp sessions were full with the exception of July 4th; • Registration for the Patriot 5K&Fun Run would be open until June 29th;and • Applications for the Parade of Patriots would be open until June 28th. 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 Special Session Minutes dated May 13, 2019(J. Phillips). (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 May 14, 2019(J.Phillips). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 5. 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(J.Phillips). 6. Consider and take appropriate action regarding granting Trophy Club Municipal Utility District No. 1 easements for a water line across a portion of Town-owned property described as Lot 4, Block B of Trophy Wood Business Center addition and across a portion of Trophy Club Economic Development Corporation 4B-owned property described as Joseph Henry Survey,Abstract 528- Denton County,Abstract 742-Tarrant County, Tract 1E in exchange for the financial considerations within, declaring that such easements are necessary for use by the public; authorizing the Mayor to execute the easement dedication documents (J. Phillips). Town Council Minutes May 28, 2019 Page 2 of 8 Motion: Motion made by Mayor Pro Tern Jensen, seconded by Council Member Bone, to approve the Consent Agenda Items 3 through 6. Motion carried unanimously 6-0-0. REGULAR SESSION 7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing Safety Month;and providing an effective date(Council Member Fleury and Council Member Shoffner). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019- 13, recognizing June 2019 as Safety Month;and providing an effective date of May 28,2019. Motion carried unanimously 6-0-0. Mayor Sanders presented the proclamation to Caroline, Mandy, and Matthew Peters and thanked them for sharing Alvin with the Town who brightened so many lives with his smile and wave. Mr. Peters thanked the Council for their kindness and support. Mayor Sanders recognized Tracey Hunter for establishing a GoFundMe webpage. The Alvin Peters Memorial Senior Scholarship was created so that Alvin's legacy would continue to have a positive impact on the Town and the school community. This year's scholarship was awarded to Audrey Cannon. Council Member Fleury congratulated and recognized Ms. Cannon for all her hard work and dedication serving in the community. Mayor Sanders acknowledged the Gordon family for their generous donation that attributed to the scholarship being doubled. 8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing June 2,2019 as National Trails Day;and providing an effective date(J. Phillips). Director of Parks and Recreation Jaramillo stated that this proclamation encouraged residents to commit to preserving the natural and recreational qualities of the Town's trails. Mayor Pro Tern Jensen read the proclamation into the record. Motion: Motion made by Mayor Pro Tern Jensen, seconded by Council Member Fleury,to approve Proclamation No. 2019- 14, recognizing June 2, 2019 as National Trails Day;and providing an effective date of May 28, 2019. Motion carried unanimously 6-0-0. Tom Mills, 113 Creek Courts Drive, has been a resident since 1985 and he has maintained the trails for the last 10 years. He wanted to correct a posting that he saw last week on the Trophy Club Park website regarding the trails being closed because they were dangerous to use. About four years ago, this same issue was discussed and it was made known that the Park was closed to motor vehicles and motor boats but not to pedestrians and paddlers. He noted that he mowed nine miles worth of nature trails, which equated to four and a half miles of dry nature trails at the current lake level. Lastly, he encouraged everyone to enjoy the trails and have a good time. Town Council Minutes May 28,2019 Page 3 of 8 9. Case AP-19-002(Canterbury Hills,Ph 3,Lot 18AR) Consider and take appropriate action regarding a request for approval of an amended plat for Canterbury Hills, Phase 3, Lot 18AR, Block F, located northeast of the intersection of Sheldon Drive and Abbot Lane (J. Phillips). Town Planner Payne stated that the purpose of this item was to consider approval of an amended plat for Canterbury Hills. The strategic link was Infrastructure & Development — Foster a business-friendly environment. Recently, Oncor installed an underground power line across the rear of Lot 18A, which was dedicated to the Town for Parkland Dedication located at Sheldon Drive and Abbot Lane. An amended plat was proposed because Oncor installed power lines outside the existing five foot easement since they believed there was a 10 foot easement in place. To be transparent, a document was filed with Denton County to establish a 10 foot utility easement by separate instrument. The plat conformed to the Town's Subdivision Regulations and PD-31 Development Regulations. The Planning and Zoning (P&Z) Commission considered this case on May 2, 2019, and unanimously recommended approval. Additionally,Staff was recommending approval of Case AP-19-002. Motion: Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Jensen, to approve Case AP-19-002 (Canterbury Hills, Ph 3, Lot 18AR), an amended plat for Canterbury Hills, Phase 3, Lot 18AR, Block F, located northeast of the intersection of Sheldon Drive and Abbot Lane. Council Member Shoffner noted for the record that Oncor already had the 10 foot easement; it just had not been noted on the plat. The vote was taken. Motion carried unanimously 6-0-0. 10. Case AP-19-001(Section 11, Lots 1365R-1&1366R) Consider and take appropriate action regarding a request for approval of an amended plat for Trophy Club Section 11, Lots 1365R-1&1366R,located south of Meadowbrook Lane and approximately 180 feet west of Rockwood Drive(J. Phillips). Town Planner Payne stated that the purpose of this item was to consider approval of an amended plat on Meadowbrook Lane. The strategic link was Infrastructure & Development — Foster a business-friendly environment. Last year, the P&Z Commission and Town Council approved an amended plat to relocate the common lot line and associated easement between Lots 1364R and 1365R five feet to the east in order to increase the width of Lot 1365R. The applicant has acquired Lot 1366 and would like to relocate the common lot line between Lots 1365R and 1366 ten feet to the west to increase the width of Lot 1365R again. The requested width of each lot complies with the 80 foot minimum requirement in the R-10 Zoning Regulations and this proposed amended plat conformed to the Town's Subdivision Regulations. The newly located easement and the 10 foot side yard setback would not impact the existing house on Lot 1366. A 10 foot drainage and utility easement was established that centers on the new lot line, and the applicant has obtained signatures from the necessary utility entities. The current easement was empty;therefore there was no issue relocating the utility easement. The P&Z Commission considered this case on May 2, 2019, and unanimously recommended approval. Additionally, Staff was recommending approval of Case AP-19-001. Motion: Motion made Council Member Shoffner, seconded by Council Member Bone, to approve Case AP-19-001 (Section 11, Lots 1365R-1 & 1366R), an amended plat for Trophy Club Section 11, Lots 1365R-1 & 1366R, located south of Meadowbrook Lane and approximately 180 feet west of Rockwood Drive. Motion carried unanimously 6-0-0. Town Council Minutes May 28, 2019 Page 4 of 8 11. Consider and take appropriate action regarding an Ordinance authorizing a 1% residential homestead; providing property tax relief to Trophy Club homeowners;and providing an effective date(J.Phillips). Finance Manager Zagurski stated that the purpose of this item was to consider authorizing a one percent residential homestead exemption. The strategic link was Administrative & Financial Services — Exercise fiscal discipline in all Town operations. The residential homestead exemption would reduce the taxable value of a homestead by the greater of either the one percent exemption or$5,000. For example, if a resident's home value was under$500,000, then they would receive a $5,000 exemption and if a resident's home value was greater than $500,000, they would receive a one percent exemption. Currently over 3,500 household were eligible to receive this exemption. Residents would not need to reapply for a homestead exemption if they were already receiving a homestead exemption through the County. A residential homestead exemption would decrease future property tax revenue by approximately $90,000 each year. The growth in existing home values was high enough that the financial impact would not adversely affect the Town's long term financial health. The Council Finance Subcommittee met on May 16,2019 and recommended the adoption of a one percent residential homestead. Motion: Motion made by Mayor Pro Tem Jensen, seconded by Council Member Shoffner, to approve Ordinance No. 2019- 14, authorizing a one percent residential homestead exemption; providing property tax relief to Trophy Club homeowners; and providing an effective date of May 28,2019. Council Member Bone reiterated that residents that already had a homestead exception with the County would not need to reapply or send an additional form to the County. Finance Manager Zagurski confirmed that was correct. Mayor Sanders stated that the Town's options to assist residents with property tax relief were to either lower the tax rate or offer an exemption. The deadline was June 30th to adopt the residential homestead exemption and it was something that could not be easily removed once adopted. Council Member Shoffner remarked that the Council Finance Subcommittee discussed this item at their May 28, 2019 meeting and he felt this exemption would be a great benefit to those that chose to make Trophy Club their home. The vote was taken. Motion carried unanimously 6-0-0. 12. Discussion of items for Future Agendas to include agenda items for consideration on the June 11, 2019 Council agenda and items from the Town Council Future Agenda Items list(J.Phillips). 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 to remove Item No. 6 from the Town Council Future Agenda Items list: Discussion of and take appropriate action regarding Agreements with OTD (Old Town Development, et.all.) related to Breadwinners and HG Sply Development Agreements. (Sanders 4/23/2019)(1-July 23, 2019). Council Member Geraci requested to add the following item to the Town Council Future Agenda Items list: Discussion of and take appropriate action to have the Interim Town Manager prioritize an investigation of the use of turf fields at Independence Park along with a cost benefit analysis. Council Member Shoffner supported adding Council Member Geraci's item and requested to add to it: Review offering a payback program between the Town and TCR Youth Baseball Association. Council Member Geraci supported the addition. Town Council Minutes May 28,2019 Page 5 of 8 Mayor Pro Tem Jensen requested to remove Item No. 4 from the Town Council Future Agenda Items list: Discussion of and possible action regarding restricting Short Term Rentals. (Lamont 9/11/2018) (1-February 12, 2019)(2-May 14, 2019)(3-August 13,2019). Mayor Sanders supported removing the item. EXECUTIVE SESSION 13. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act),the Council will convened into executive session to discuss the following: A) 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: 1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tern Jensen and Council Member Shoffner) 2) North of State Highway 114,west of Trophy Club Drive(Mayor Sanders) B) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation and duties of a public officer or employee(Mayor Sanders and Mayor Pro Tem Jensen): 1) Animal Shelter Advisory Board 2) Economic Development Corporation 4B 3) Parks and Recreation Board 4) Town Council Appointments Committee 5) Charter Review Commission 6) Town Manager position(Mayor Sanders) C) Section 551.087 Deliberation regarding Economic Development Negotiations under Subsection (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and Subsection (2) to deliberate the offer of a financial or other incentive to a business prospect that the Town seeks to have locate within the territory of the Town: 1) Agreements with OTD(Mayor Sanders) CONVENED INTO EXECUTIVE SESSION-START TIME—7:49 P.M. RECONVENED INTO REGULAR SESSION-START TIME—8:06 P.M. RECONVENED INTO EXECUTIVE SESSION-START TIME—8:08 P.M. RECONVENED INTO REGULAR SESSION-START TIME—9:28 P.M. Town Council Minutes May 28, 2019 Page 6 of 8 RECONVENED INTO REGULAR SESSION 14. Consider and take appropriate action regarding Economic Development Agreements between the Town of Trophy Club and OTD(Mayor Sanders). Motion: Motion made by Council Member Bone, seconded by Mayor Pro Tern Jensen, to approve both Economic Development Agreements regarding Tract 1, Lots 1 and 2, and Tract 2, Lot 2R-2 and to include the option for EDC 4B to make a lump sum payment. Mayor Sanders remarked that having the EDC 4B pay the total principal amount would save approximately $194,622.43 overall in interest. This would leave the EDC 4B Fund Balance at$33,659 with an anticipated increase next year. This would eliminate the$140,000 annual payment from the EDC 4B Budget. The vote was taken. Motion carried unanimously 6-0-0. (Town Secretary Note: The Council reconvened into Executive Session) 15. Consider and take appropriate action regarding making appointments to the Town Council Appointments Committee(Mayor Sanders and Mayor Pro Tem Jensen). Motion: Motion made by Council Member Geraci, seconded by Council Member Bone, to appoint Mayor Sanders, Mayor Pro Tern Jensen,and Council Member Shoffner to serve as the Town Council Appointments Committee. Motion carried unanimously 6-0-0. 16. Consider and take appropriate action repealing Resolution 2018-17 and adopting a new Resolution, appointing a Council Member to serve as the Council Liaison to the Animal Shelter Advisory Board; reaffirming existing appointments and Chairperson; and providing an effective date (Mayor Sanders and Mayor Pro Tem Jensen). Mayor Sanders stated that the Council decided that there was no longer a need to have a Council Member serve as the Council Liaison to the Animal Shelter Advisory Board. Motion: Motion made by Mayor Pro Tem Jensen, seconded by Council Member Shoffner,to repeal Resolution 2018-17 and approve Resolution No. 2019-11, dissolving the Council Liaison position to the Animal Shelter Advisory Board; reaffirming existing appointments and Chairperson;and providing an effective date of May 28,2019. Motion carried unanimously 6-0-0. 17. Consider and take appropriate action repealing Resolution 2019-02 and adopting a new Resolution, appointing a Council Member to serve as the Council Liaison to the Economic Development Corporation 4B; reaffirming existing appointments; and providing an effective date (Mayor Sanders and Mayor Pro Tern Jensen). Motion: Motion made by Mayor Pro Tern Jensen, seconded by Mayor Sanders, to repeal Resolution 2019-02 and approve Resolution No. 2019-12, appointing Council Member Bone to serve as the Council Liaison to the Economic Development Corporation 4B; reaffirming existing appointments;and providing an effective date of May 28, 2019. Motion carried unanimously 6-0-0. Town Council Minutes May 28,2019 Page 7 of 8 18. Consider and take appropriate action repealing Resolution 2018-21 and adopting a new Resolution, appointing a Council Member to serve as the Council Liaison to the Parks and Recreation Board;reaffirming existing appointments and Chairperson; and providing an effective date (Mayor Sanders and Mayor Pro Tern Jensen). Motion: Motion made by Council Member Fleury,seconded by Council Member Shoffner,to repeal Resolution 2018-21 and approve Resolution No. 2019-13, appointing Council Member Geraci to serve as the Council Liaison to the Parks and Recreation Board; reaffirming existing appointments and Chairperson; and providing an effective date of May 28, 2019. Motion carried unanimously 6-0-0. 19. Consider and take appropriate action regarding the Executive Session(J. Phillips). Motion: Motion made by Council Member Fleury, seconded by Council Member Shoffner, to direct Staff to work on an incentive package with Meat U Anywhere for the mutual access easement across the property at Meat U Anywhere providing access to and from neighboring businesses as discussed in Executive Session. Mayor Sanders stated that Staff has been investigating the access road that runs in front of Meat U Anywhere and the motion allowed Staff to move forward with resolving the mutual access covenant in front of Meat U Anywhere. The vote was taken. Motion carried unanimously 6-0-0. ADJOURN Mayor Sanders adjourned the meeting at 9:34 p.m. if Holly Fimbres, own Secretar r1 C. Nick Sanders, Mayor Town of Tro• y Club,Texas �` Town of Trophy Club,Texas v PrIkN. r Ca '9ti�q RY 1,1g�� Town Council Minutes May 28, 2019 Page 8 of 8