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Minutes TC 10/22/2019 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,OCTOBER 22,2019 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, October 22, 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 Tern, Place 2 Alicia L. Fleury Council Member, Place 1 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Steve Norwood Town Manager Tony Jaramillo Director of Parks and Recreation David Dodd Town Attorney Jill Lind Communications and Marketing Manager Holly Fimbres Town Secretary/RMO Mike Pastor Information Services Manager Patrick Arata Police Chief Lisa Payne Town Planner Wade Carroll Fire Chief Tommy Uzee Director of Community Development Ernest Gillespie Senior Accountant Steve Zieverink Information Services Specialist Mayor Sanders announced the date of October 22, 2019, 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 Mayor Pro Tem Jensen. 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 Norwood's update and provide input regarding the following(S. Norwood): • Early Voting — Began on October 21st and would run through November 1st with times and locations posted on the Town's website. The closest early voting site for Denton County residents was at the Trophy Club Municipal Utility District No. 1 and the closest early voting site for Tarrant County residents was at Southlake Town Hall. • November and December Town Council Meetings — There would only be one Council meeting in November and December; therefore there would be no Council meeting on November 26th and December 24th due to the holiday schedule. • Veterans Day Ceremony — Will be held on November 11th at 11:00 a.m. at the Veterans Memorial located in Independence Park West. • Fall Family Campout— Scheduled for November 9th and November 10th with 70 participants currently registered. Town Manager Norwood reported that the striping issue on the Trophy Lake Drive bridge had been addressed with the Texas Department of Transportation (TxDOT). The left lane has been dedicated as a left turn lane and the middle lane was now designated for either a left turn or to continue straight. Additionally, he advised that the weathered flags around Town were being replaced. Mayor Sanders announced and welcomed residents to attend a Meet and Greet for the newly hired Town Manager,Steve Norwood,that would be held on October 29th from 5:00 p.m.to 7:30 p.m. at HG Sply Co. 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 October 8, 2019(S. Norwood). 3. 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.(S.Norwood). 4. Consider and take appropriate action regarding a Requisition Request for Annual Benefits Consulting and Online Benefit Enrollment; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood). 5. Consider and take appropriate action regarding a Requisition Request for procurement of Microsoft licensing from SHI; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood). 6. Consider and take appropriate action regarding a Requisition Request for procurement of legal representation between the Town of Trophy Club and JD Dodd Law for operations in legal services; and authorizing the Mayor or his designee to execute all necessary documents(S. Norwood). 7. Consider and take appropriate action regarding a Requisition Request for the replacement of a fleet patrol vehicle for the Police Department; and authorizing the Mayor or his designee to execute all necessary documents(S.Norwood). 8. Consider and take appropriate action regarding a Requisition Request for the replacement of a Fire Marshal vehicle for the Fire Department; and authorizing the Mayor or his designee to execute all necessary documents(S. Norwood). 9. Consider and take appropriate action regarding a Payment Authorization Memo for TML Property,Casualty and Worker's Comp Insurance; and authorizing the Mayor or his designee to execute all necessary documents(S. Norwood). Town Council Minutes October 22, 2019 Page 2 of 8 Motion: Motion made by Mayor Pro Tern Jensen, seconded by Council Member Bone, to approve Consent Agenda Items No. 2 through No.9. Motion carried unanimously 7-0-0. REGULAR SESSION 10. Case SUP-19-001(Hampton Inn Alcohol Sales) A) Conduct a Public Hearing regarding a request made by Hampton Inn for a Specific Use Permit for alcoholic beverage sales for off-premise consumption, generally located at the northwest corner of Trophy Wood Drive and Plaza Drive(S.Norwood). Mayor Sanders opened the public hearing at 7:07 p.m. Town Planner Payne stated that the purpose of this item was to consider a request for a Specific Use Permit to allow alcoholic beverages at Hampton Inn. The strategic link for this item was Infrastructure & Development — Foster a business-friendly environment. The applicant proposes to sell beer and wine alongside the toiletries in the Suite Shop in the hotel's lobby. If the Suite Shop,specifically, is the only area in the hotel permitted under the BQ permit by the Texas Alcoholic Beverage Commission,which forbids on-premise consumption where alcohol was sold, then consumption remains legal throughout the rest of the hotel so guests can continue to bring alcoholic beverages of any kind into their hotel rooms, whether the alcohol was bought at the Suite Shop or elsewhere. Hampton Inn is in compliance with the 300 foot separation requirements from schools, churches, and public hospitals, and the closest of that group was the Primrose School of Westlake at Entrada, located 3,000 feet away. Parking needs would not be affected, as the intent was to only sell unopened beer and wine to guests. The Police Chief has reviewed this application and had no objections. The Planning and Zoning(P&Z) Commission considered this item at their October 3, 2019 meeting and recommended approval unanimously after no discussion. Additionally,Staff recommended approval of this item. The applicant, Nina Chudasama with Kriya Hotels,was present to address any questions. Mayor Sanders asked if there was anyone that wished to speak during this item and after seeing no one, he closed the public hearing at 7:08 p.m. B) Consider and take appropriate action regarding a request made by Hampton Inn for a Specific Use Permit for alcoholic beverage sales for off-premise consumption, generally located at the northwest corner of Trophy Wood Drive and Plaza Drive(S. Norwood). Motion: Motion made by Mayor Pro Tern Jensen, seconded by Council Member Bone, to approve Ordinance No. 2019-25 P&Z, (Case SUP-19-001- Hampton Inn Alcohol Sales), a request made by Hampton Inn for a Specific Use Permit for alcoholic beverage sales for off-premise consumption, generally located at the northwest corner of Trophy Wood Drive and Plaza Drive. Motion carried unanimously 7-0-0. 11. Case SUP-19-002(The Byron Freestanding Development Identification Sign) A) Conduct a Public Hearing regarding a request for a Specific Use Permit to allow for a freestanding development identification sign as required by Planned Development No. 30, generally located southeast of Trophy Club Drive and approximately 650 feet north of SH 114(S.Norwood). Mayor Sanders opened the public hearing at 7:10 p.m. Town Council Minutes October 22,2019 Page 3 of 8 Town Planner Payne stated that the purpose of this item was to consider a request for a Specific Use Permit(SUP) to allow a freestanding development identification sign at the Byron Apartment Homes. The strategic link for this item was Infrastructure & Development - Foster a business-friendly environment. The PD-30 Development Standards require freestanding development identification signs to obtain an SUP from the P&Z Commission and Council. Matters to be considered are the number of signs, location,size,and lighting. The proposed double-sided sign was set back 23 feet from Trophy Club Drive at the main entrance into the multifamily complex. The stucco sign was planned to be 132 square feet in area, 10 feet tall, painted navy blue, and only the word "Byron" would be internally illuminated at night. The P&Z Commission considered this item at their October 3,2019 meeting and discussion included an explanation as to why the SUP was necessary, how the proposal compares to existing signs, and the location of the proposed sign. The SUP was unanimously recommended for approval by the P&Z Commission. Additionally,Staff recommended approval of this item. The applicant, Kurt Heinbecker with North American Properties,was present to address any questions. Mayor Sanders asked if there was anyone that wished to speak during this item and after seeing no one, he closed the public hearing at 7:11 p.m. B) Consider and take appropriate action regarding a request for a Specific Use Permit to allow for a freestanding development identification sign as required by Planned Development No. 30, generally located southeast of Trophy Club Drive and approximately 650 feet north of SH 114(S.Norwood). Mayor Sanders inquired if the sign would be blinking off and on and if it would only be illuminated at night. Town Planner Payne confirmed that the sign would not be blinking and that it would only be illuminated at night. Motion: Motion made by Council Member Bone, seconded by Council Member Fleury, to approve Ordinance No. 2019-26 P&Z, (Case SUP-19-002 - The Byron Freestanding Development Identification Sign), a request for a Specific Use Permit to allow for a freestanding development identification sign as required by PD-30, generally located southeast of Trophy Club Drive and approximately 650 feet north of SH 114. Motion carried unanimously 7-0-0. 12. Case ME-19-001(The Byron Leasing Canopy Sign) Consider and take appropriate action regarding a request for a Meritorious Exception for a proposed canopy sign within Planned Development No. 30, generally located southeast of Trophy Club Drive and approximately 650 feet north of SH 114(S.Norwood). Town Planner Payne stated that the purpose of this item was to consider a request for a Meritorious Exception to allow a canopy sign at the Byron Apartment Homes. The strategic link for this item was Infrastructure & Development- Foster a business-friendly environment. Section 3.09.010 of the Town's Code allows an interested party to request a Meritorious Exception for a sign that was nonconforming to the sign regulations, but may have obvious merit and may make a positive contribution to the visual environment. The proposed canopy sign fits that description because it does not belong in any of the sign categories within the PD-30 Development Standards. In addition,the proposed sign does not meet the size requirements of a canopy sign as outlined in the Town's Code. The six foot tall sign would be attached to the 20 foot tall leasing canopy that faces State Highway 114 and the interior of the overall development. The Byron portion of the sign was proposed with double-illuminated channel letters with a white acrylic face that would internally illuminate white from the front and would have white halo backlighting at night. The P&Z Commission considered this item at their October 3, 2019 meeting and discussion included how the sign does not conform to a PD-30 sign category,that it's visible from State Highway 114,and that it was shown on the site plan. The Meritorious Exception was unanimously recommended for approval. Additionally,Staff recommended approval of this item. The applicant, Kurt Heinbecker with North American Properties,was present to address any questions. Town Council Minutes October 22,2019 Page 4 of 8 Motion: Motion made by Mayor Pro Tern Jensen, seconded by Council Member Fleury, to approve Case ME-19-001 (The Byron Leasing Canopy Sign), a request for a Meritorious Exception for a proposed canopy sign within the Planned Development No. 30, generally located southeast of Trophy Club Drive and approximately 650 feet north of SH 114. Motion carried unanimously 7-0-0. 13. Receive an update from the Council Liaison, Council Member Philip Shoffner, regarding the October 15, 2019 Charter Review Commission meeting;and discussion of and take appropriate action regarding Charter provisions to have the Charter Review Commission review(S.Norwood). Council Member Shoffner advised that per Section 5 of Resolution No. 2019-25, the Charter Review Commission shall undertake a review of specific topics or Charter provisions as requested by a majority vote of the Town Council. A Council Member also had the ability to request their appointee on the Charter Review Commission to discuss any potential topics. Additionally, he reported that the Charter Review Commission's first meeting was on the initial review of the Charter. Mayor Sanders brought up Section 3.02 (a) (7), if any sitting Council Member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. He had sent a message to Town Attorney Dodd to review if this section could be altered to allow a Council Member to file for another public office, and continue to hold their current office until the end of that term or until a special election was held. He advised that Town Attorney Dodd's response was that this would require a Charter amendment. Mayor Sanders also discussed Section 3.04(b)(4),fails to attend three consecutive regular meetings of the Council without being excused by the Council. This item became an issue during this past year and it was questioned how the Council would excuse the absence of a Council Member. He discussed this topic with Town Attorney Dodd, who advised that this would require a Charter amendment and then this item could be addressed in the Meetings and Rules of Procedure. There could be a section in the Meetings and Rules of Procedure to address automatic excused absences such as laying out the proper timeframe to give notice and reason for the absence, such as a family emergency, business reasons,etc. Mayor Sanders reviewed the possibility of Town Council having the ability to appoint someone to a vacant position on the Council if the term had one year or less. This would allow the Town to save funds by not holding a special election outside the uniform dates. Lastly, Mayor Sanders mentioned that there could be the ability to have an off year for elections if Council elected four members one year and then three members the other year. Council Member Shoffner commented that Section 3.04 (b) (4) could be placed as an item on the Town Council Future Agenda Items list to amend the Meetings and Rules of Procedure to have a provision for excused absences. Mayor Pro Tern Jensen agreed with the suggestion on outlining excused absences but disagreed with the Council having the ability to appoint someone to fill an unexpired term on the Council. Council Member Fleury also disagreed and believed that the Council should not have the ability to appoint someone to fill an unexpired term on the Council. Council Member Geraci commented on the potential of moving the Town's election cycle to fall in line with the State and Federal elections in November. Mayor Sanders inquired if the Charter Review Commission had set their future meeting dates. Town Council Minutes October 22,2019 Page 5 of 8 Council Member Shoffner reported that the Charter Review Commission was scheduled to discuss Articles I through III on October 28, 2019;Article IV on November 11, 2019;Articles V through X on November 18,2019; and Articles XI and XII on December 9, 2019. If needed, they would also meet on December 16, 2019; January 13, 2020;and January 27,2020 to complete their Final Report. No action was taken on this item. 14. Discussion of items for Future Agenda to include agenda items for consideration on the November 12,2019 Council agenda and items from the Town Council Future Agenda Items List(S. Norwood). 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. 2 from the Future Agenda Items list: Receive an update from Town Staff regarding Entryway Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22,2018) (2-August 28, 2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6-July 23, 2019) (7-October 22,2019) Town Planner Payne provided an update regarding entryway monumentation. The roundabout sign near the Trophy Lake Drive entrance into Town was chosen to model the new entryway signs after, but the proposed signs have been scaled down from the 50 foot original to 30 feet in length by removing the iron fencing and end caps. The height was about six feet tall in the center and about four and a half feet tall on the ends. Stacked stone and metal channel letters that would be backlit at night were proposed for the new signs in order to match the existing. She displayed a rendering of what the sign would look like on the Trophy Wood Drive median. A double- sided sign was proposed, but there was conflict with the "one way" signage that was across from the Bread Winners and HG Sply access points. This location was chosen because the rest of the median that's closer to State Highway 114 has TxDOT's storm drain underneath and the Town could not build anything on top of that. As far as power to light up the sign,the Town would have to bore under the road to get it from the HG Sply property,which would cost approximately $1,000. Irrigation for landscaping around the sign was already in place. Next, she displayed a rendering of the proposed Trophy Club Drive double-sided sign that was shown between two trees in the median and would require removing one of the stone columns that decorate that entrance into Town. Recently, all of the stone columns on the PD-30 side of the road were removed by the developer to make room for the sidewalk. Only one column remained on the Meat U Anywhere side of the road and there were currently three in the median. Also, she was asked to reach out to the PD-30 developer to see what their sign package would look like since the new Town signage would be close by, but they did not have plans for the overall signage yet. The sign was not proposed to be any closer to State Highway 114 in an effort to protect the sign from car accidents at that intersection. Power and irrigation were already available on-site. A rendering of the proposed sign was displayed that depicted the northwestern corner of Bobcat Boulevard and Marshall Creek. This sign has been customized to add the Bobcat logo since it would be adjacent to the schools and located on Northwest Independent School District (NISD) property. Staff met with NISD and they were interested in a long-term lease with the Town to allow signage built in this area.The proposal would have to go before the NISD School Board for approval. The double-sided sign's orientation would capture those traveling through two of the Town entrances to include those heading east on Marshall Creek and those heading south on Bobcat Boulevard. Power was available in the adjacent median on Bobcat Boulevard and could be bored under the road and irrigation will have to be newly designed and installed. Council Member Shoffner inquired why the sign on Trophy Wood Drive would be double-sided. Town Planner Payne responded that the back side of the sign would be for those leaving Town and HG Sply. Town Council Minutes October 22, 2019 Page 6 of 8 Council Member Shoffner recommended that the signs on Trophy Wood Drive and Trophy Club Drive be offset and one-sided so that it was better viewed for those entering Town. He deferred to Police Chief Arata regarding the one-way signage on Trophy Wood Drive since there had been blind spot issues. Additionally, he suggested potential angling the Marshall Creek sign so that it could be viewed from Bobcat Boulevard and to place the Town logo on the opposite side of the Bobcat logo. Council Member Geraci asked if it was going to create an issue when the trees matured on either side of the Trophy Club Drive sign. Town Planner Payne responded that the sign would be about 30 feet long and there was 40 feet between the trees, but there was potential for one of the trees to be removed. Council Member Geraci inquired why the sign was setback so far at Marshall Creek. Police Chief Arata responded that it was due to visual and line of sight issues. Mayor Sanders agreed with Council Member Shoffner that a one-sided sign on Trophy Wood Drive would be appropriate, but if it were not cost prohibited the sign could have lettering on the back side with no illumination. He asked about replacing the monument sign on the corner of Trophy Club Drive, in front of Meat U Anywhere, instead of putting a new monument sign in the median. Town Planner Payne responded that it had been discussed but it had been difficult to determine who the land owner was because it was split between two properties. Mayor Sanders recommended placing a monument sign on the northwest corner of Trophy Lake Drive and State Highway 114. Additionally, he suggested placing the Town logo on the endcap of each monument sign. Council Member Shoffner commented that if lettering was going to be put on the back side of the Trophy Wood Drive sign, then it should be backlit. Town Planner Payne responded that the bids could show the price differences. Council Member Geraci remarked that he preferred to have back lit lettering and agreed to add a monument sign on the northwest corner of Trophy Lake Drive and State Highway 114. Council Member Fleury liked the idea to add a monument sign at Trophy Lake Drive. She did not think that the Town logo should be added to the monuments signs because eventually it would become outdated. For symmetry,she agreed that both sides of the Trophy Wood Drive should be backlit. Mayor Sanders recommended removing the obelisks on Trophy Club Drive since the ones on the PD-30 Development were going to be removed. Council Members Bone and Geraci agreed to remove the Town's obelisks. Council Member Shoffner requested that this item be placed on a future Council agenda so that action could be taken to move forward. Council Member Geraci asked to remove Item No.4 from the Town Council Future Agenda Items list and place it in the overall Parks Master Plan: 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&review offering a payback program between the Town and TCR Youth Baseball Association. (Geraci&Shoffner 5/28/2019) (1-November 12,2019) Council Member Shoffner requested to add the following item to the Town Council Future Agenda Items list: Review amending the Meetings and Rules of Procedure to have a provision for excused absences. Mayor Sanders asked to add an item to the Executive Session for the November 12,2019 Council meeting to allow for the Town Manager to provide an update on his goals and objectives. Town Council Minutes October 22,2019 Page 7 of 8 EXECUTIVE SESSION 15. Pursuant to the following designated section of the Texas Government Code,Annotated,Chapter 551(Texas Open Meetings Act),the Council 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) Parcel between Bread Winners and Trophy Club Town Hall(S.Norwood) 3) Potential transfer of property between the Town and TCMUD No. 1(S. Norwood) CONVENED INTO EXECUTIVE SESSION—START TIME —7:41 P.M. RECONVENTED INTO REGULAR SESSION—START TIME —7:55 P.M. RECONVENED INTO REGULAR SESSION 16. Consider and take appropriate action regarding the Executive Session(S. Norwood). No action was taken on this item. ADJOURNMENT Mayor Sanders adjourned the meeting at 7:55 p.m. II ,u-VA I . ylROPyy Holly Fimbres, own Secret r. Q. C. Nick Sanders, Mayor Town of Trophy Club,Texas.O '44111110.0,2 t Town of Trophy Club,Texas Ry -14/4/A R N/ARY Town Council Minutes October 22,2019 Page 8 of 8