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Town Council MInutes - 02/11/ 2020TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, FEBRUARY 11, 2020 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, February 11, 2020. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Alicia L. Fleury Council Member, Place 1 Sean Bone Council Member, Place 3 Michael Geraci Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Steve Norwood Town Manager Mike Erwin Finance Manager Wade Carroll Assistant Town Manager Tony Jaramillo Director of Parks & Recreation David Dodd Town Attorney Mike Pastor Information Services Manager Sharon David Interim Town Secretary Lisa Payne Town Planner Patrick Arata Police Chief Tommy Uzee Director of Community Development Gary Cochran Interim Fire Chief Steve Zieverink Information Services Specialist The Invocation was offered by Joel Quile with Bara Church. The Pledges to the American Flag and Texas Flag were led by Council Member Bone. Mayor Sanders reported that the Council was down to four members as Council Member Shoffner was absent due to an unexpected business trip and that Council Member Monger would not be attending due to an illness. Mayor Sanders also commented that the Council had been down one place due to Mayor Pro Tern Jensen filing for election as Mayor. The Charter dictates that when a Council Member files for a seat other than their own, an immediate resignation is enacted upon filing. He reported that four members are required for a quorum and to conduct business and, therefore it is important to have all members present when they are available. 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): May 2, 2020 Election —Friday, February 14, 2020 at 5 p.m. would be the last day to file for a candidacy position. Trophy Club Fire - there was a structural fire over the weekend on Greenhill Drive that required assistance from neighboring communities. Mr. Norwood praised the Fire Department on handling the situation and reported that no lives were lost with the exception of losing three family pets. Marquee Update— the rainy weather has caused delays with the completion of this project as well as Trophy Club Drive and the demolition of the old Police Department's building. Mr. Norwood stated there is the possibility of halting the demolition of the Police Department until after the March 3, 2020 Primary Election. Receive Town Council Liaison update; discussion of same (S. Norwood). *Parks and Recreation Board, January 20, 2020 Council Liaison — Council Member Michael Geraci Council Member Geraci reported that the new Parks and Recreation Aquatics Specialist, Ms. Carly Johnston, will join the team beginning on February 24, 2020. He also commented on the upcoming Back to Nature Event scheduled for March 21, 2020, with various activities that include face painting, rock climbing, archery, crafts, and horseback riding. He stated discussions were held on using HOT tax dollars for the upcoming baseball tournaments and implementing coupon incentives for the players to use at area hotels and restaurants. Council Member Gerad reported that the January 2020 Parks & Recreation Board was well attended, with over 25 citizens sharing their interest in pickle ball courts and that staff would be looking at options to present to the Council regarding the pickle ball interest. Council Member Fleury commented on the positive feedback received from town citizens. Mayor Sanders recognized guest Katherine Rotter, with Tarrant County Judge Whitley's office. 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 January 14, 2020 (S. Norwood). 4. Consider and take appropriate action regarding the Town Council Retreat Minutes dated February 1, 2020 (S. Norwood). S. Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2020 and revised Fourth Quarter Investment Report for Fiscal Year 2019 (S. Norwood). 6. Receive Annual Racial Profiling Report (S. Norwood). 7. Consider and take appropriate action regarding Resolution approving the submission of a Grant Application to participate in the U.S. Justice Assistance Grant Program for the Police Department; authorizing the Mayor or his designee to execute all necessary documents; and providing an effective date (S. Norwood). Town Council Minutes February 11, 2020 Page 2 of 8 8. Consider and take appropriate action regarding a Joint Election Agreement and Contract between the Town of Trophy Club and Denton County Elections for administration of the Town's May 2, 2020 General and Special Elections; and authorize the Mayor or his designee to execute all necessary documents (S. Norwood). 9. Consider and take appropriate action regarding a requisition request for procurement for Microsoft licensing from SHI Government Solutions; and authorizing the Mayor or his designee to execute all necessary documents (S. Norwood). 10. Consider and take appropriate action regarding an Ordinance amending Article A1.012 Parks and Recreation and Special Events, General Provisions of Appendix A, Fee Schedule, within the Town's Code of Ordinances, and provide an effective date (S. Norwood). Motion: Motion made by Council Member Bone, seconded by Council Member Geraci, to approve Consent Agenda Items No. 3 through No. 10. Motion carried unanimously 4-0-0. REGULAR SESSION 11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on May 2, 2020 for the purpose of submitting to the voters various proposed amendments to the Town's Home Rule Charter; and providing an effective date (S. Norwood). Mayor Sanders recognized the Charter Review Commission members, thanked them for their thorough review of the Charter and recognized Chairperson Sheridan for his willingness to chair the Commission. Mayor Sanders stated the three recommendations of the Charter Review Commission to call the Special Election and asked Town Attorney Dodd if the wording was correct for ballot language. Town Attorney Dodd confirmed the writing of the ballot language was correct. Motion: Motion made by Council Member Bone, seconded by Council Member Geraci to approve Ordinance No. 2020-03, ordering and calling a Special Election. Motion carried unanimously 4-0-0. 12. Receive a live demonstration of the Trophy Club Police Department's City Protect online Software (S. Norwood). Town Manager Norwood stated this is an excellent tool for Trophy Club businesses and residents to review and see what is happening within the Town on a weekly, monthly or in the past year. The previous police blotter took several hours each week to pull together the data and this new program will help residents have the information in a timely manner. Chief Arata presented a live video demonstration of City Protect Software, owned by Motorola that Integrates with the Police Department's RMS system. He stated a direct link had been added to the Town's website where citizens could search crime activity by specific days, time, and types of crime. He added that each crime is specifically categorized by a different icon and that the exact addresses would not be displayed but would show the block location where the crime occurred. He also reported that traffic violations would not be included as the feature overlays the information displayed. He stated that Grapevine and Southlake had implemented this program and Roanoke would soon follow. He explained that the crime reports are sent to Denton and then Motorola captures the information to upload into City Protect. He emphasized that it could take a few days for an actual crime report to be uploaded in the system due to edits and a supervisor's review. Chief Arata stated that citizens can submit tips, receive weekly updates that will alert the types of crimes, as well as register a home camera with the Police Town Council Minutes February 11, 2020 Page 3 of 8 Department through the program. Council Member Geraci asked if the report is done nightly and Chief Arata confirmed once the supervisor completes the report, then it is submitted. Chief Arata also stated that when citizens report a crime in person the Police Department's address will be listed. Council Member Geraci asked what type of cameras will integrate with the program. Chief Arata explained that cameras would not be integrated within the system, but would allow the Police Department to know there is available footage for review in the event of a crime. He verified that a camera could be registered online through the website. Mayor Sanders thanked Chief Arata for the informative presentation. 13. Consider and take appropriate action regarding the appointment of two council members to a Joint Town Council/MUD Committee regarding Town and MUD assets (Mayor Sanders). Mayor Sanders reported that the MUD had formed a Strategic Partnership Committee with part of the focus on moving forward to exchange some property. He stated the MUD owned the property that was referred to as the Maintenance Barn, a previously shared facility with the Town, and no debt attached. He also commented there was an additional piece of property where the annex building currently sits, which the MUD would like to use as part of their facility and does have some debt attached. Some of the issues needing to be discussed would include obtaining the easement for the MUD's water line from SH 114 to the water tower. Mayor Sanders explained that previous Town Managers had tried negotiations, without success and this item was not addressed at the recent Town Retreat. He commented that MUD Director Carmen was in the process of retiring, and to keep the project from stalling, a Committee to move things forward would need to be formed. Motion: A motion was made by Mayor Sanders, seconded by Council Member Bone, to form a Town Strategic Partnership Committee to work with the MUD and any other groups on strategic partnership items, and select Mayor Sanders and Council Member Shaffner to form the Committee. Motion approved unanimously 4-0-0. 14. Discussion of items for Future Agendas to include agenda items for consideration on the February 25, 2020 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) (I -May 22, 2018) (2-August 28, 2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) (6July 23, 2019) (7- October 22, 2019) (8-February 11, 2020) Mayor Sanders asked Interim Town Secretary David to include the next upcoming agenda and the Future Agenda Items list in the packet for review at all future meetings. He commented that Council Member Fleury had requested the Citizen's Survey and Loop Road Committee be added to the Future Agenda List during the February 1, 2020 meeting, and that Council Member Geraci had asked to address the Loop Road Committee at the Town Retreat. Mayor Sanders explained the Future Agenda Items List was to confirm future items were not left off an agenda and noted that there were previous discussions on receiving a proposal from the Fire Department's implementation of a Rescue Squad that involved using the Fire Chief's previous truck, which could be brought up for discussion at future budget meetings, as well as turf implementation for the medians. Mayor Sanders polled the Council for any future agenda items and no additional items were received. No action was taken. Town Council Minutes February 11, 2020 Page 4 of 8 Mayor Sanders stated the last direction was for Town staff to present ideas regarding the entryway monumentation similar to the roundabout. Town Planner Payne reported at a previous Council Meeting, staff was given direction to add a single -sided entryway sign at the corner of Trophy Lake Drive and SH 114; make the other proposed signs double -sided, illuminate all signs with reverse lit channel letters, and add the Trophy Club and Bobcat logos to both sides of the sign at Bobcat Blvd. and Marshall Creek Road. She stated the roundabout was chosen as a model for the new entryway signs, but smaller in scale. The proposed signs will be thirty feet in length, five feet tall in the center, five feet nine inch columns on the end, and the stone selected will closely match the roundabout. Each sign would cost $37,000, which included illumination and foundation, and an additional expense of $5,000 to add the Trophy Club and Bobcat logos. Mayor Sanders asked if the additional $5,000 is per sign. Town Planner Payne responded this was correct. She also shared that HOT tax funds would be used to cover the total expense, with $50,000 budgeted per year for the entryway and park signage. At this time, this year's budget is being used for the three marquee signs currently under construction. One entryway sign per year could be built as listed in the budget, or Council could direct Staff to perform a budget amendment to allow HOT funds to be used for additional signage in the fiscal year. Town Planner Payne stated that Staff welcomed direction for the next steps. Mayor Sanders asked if the same type and color stone as the roundabout would be used. Town Planner Payne confirmed this was correct but on a smaller scale. Council Member Fleury asked why the word "The" was added on the additional signs. Town Planner Payne stated this could be removed. Council Member Fleury commented this might reduce the cost. Mayor Sanders added this would help make the sign shorter in length and felt the simple, clean look was very nice. Council Member Bone was in agreement with Mayor Sanders. Council Member Geraci recommended that if the stones could not match exactly, to choose a lighter shade in the center to make the letters stand out. Town Planner Payne stated the presentation was a rendering and while the columns appeared to be limestone, they would look different in the field. Mayor Sanders asked if this was an estimate. Town Planner Payne stated this was a bid and would be fairly close to the actual cost and she would find out further details on the type and color of stone. Mayor Sanders inquired if the depth of the concrete base had been specified. Town Planner Payne would soon receive the engineered drawings to confirm this information. Mayor Sanders stated this information was important to confirm the base was engineered properly to avoid shifting or cracking. Council Member Geraci asked if there would be subsoil treatment or replacement of grass, the weight of the column, and if any small piers would be added. Town Planner Payne confirmed piers would be installed. A discussion was held on the exact location of the monumentation. Town Planner Payne confirmed the one way signs on Trophy Wood Drive would remain in front of the access points to HG Sply. and Bread Winners, but would be moved over to not block the entryway signs. In addition, all signs will be double -sided, with the exception of the Trophy Lake sign. Mayor Sanders asked if the Trophy Lake sign on the vacant lot that previously had a cell tower would not affect the medians or traffic visibility. Town Planner Payne confirmed this was correct. Also, discussions had taken place with the school district with interest in a long term lease, at Bobcat Blvd. and Marshall Creek Road. Mayor Sanders commented on the Trophy Club Drive sign location from the median front where the planters were located. Town Planner Payne stated the landscaping involved a small tree as well as an obelisk, which would be removed. Mayor Sanders reported that Beck had removed most of the obelisks in PD 30, with two left, and felt these would not blend well and recommended removing them. Mayor Sanders asked the Council for their opinion on the obelisks. Council Member Geraci was in agreement and felt the different type stones would not look good together. Council Member Bone asked if the Bobcat logo were located on the Bobcat sign only. Mayor Sanders thought this was the direction given to staff previously for the Bobcat logo to be printed only on that particular sign. Town Planner Payne stated what was previously proposed from Council Member Shoffner was to display the Bobcat logo and Trophy Club logo on both sides on that particular sign. Mayor Sanders felt both logos look okay but felt Town Council Minutes February 11, 2020 Page 5 of 8 Council Member Shoffner had recommended not putting the Bobcat on the other signs, just the sign located next to the schools and school property. Mayor Sanders inquired if NISD had asked for the specific price of the lease and if they maintained the property. Town Planner Payne confirmed the school district was maintaining the land and had not discussed pricing. Council Member Geraci recommended removing the tree on Trophy Club Drive that would be located near the sign. Mayor Sanders recommended moving the rocks, stone and edging closer to the road to be more visible. Town Planner Payne stated Chief Arata recommended keeping the sign away from the intersection due to the tendency of accidents there. Council Member Geraci asked if the Trophy Lake Drive sign would be blocked due to topography. Town Planner Payne would confirm this with the engineers. Council Member Geraci commented on the Charles Schwab employees' view of the sign at the intersection being very pleasing to the eye. Mayor Sanders felt that the Trophy Club Drive sign would be most beneficial on the corner of land that was not owned by Trophy Club and suggested speaking with the land owners on the possibility of a 99 year lease. He felt the pros would be the cost savings of not building a two-sided sign, while the cons included no electricity or water on the property, and this location had strong visibility for everyone to see. He also stated the land would have to be resurveyed and platted, and this was referred to as the slip road in front of the 7-11 and Meat U Anywhere area. He felt it would make sense to orient the sign where it wouldn't touch the 7-11 property. Council Member Bone agreed with the idea and felt this would be a better spot than in in the road and asked if it would be in the way of a designated turn lane, if considered in the future. Mayor Sanders stated there had not been any discussion on lane changes at this point. Community Director Uzee confirmed that no Tx Dot surveys were being done at this point. Mayor Sanders added when exiting Trophy Club Drive and heading west, would this be a protected acceleration lane. Community Director Uzee confirmed the far right lane at Trophy Club Drive was a right turn only. Chief Arata stated this lane was not Trophy Club property but was in Westlake. Mayor Sanders wanted to know if the SH 114 service road, heading west before you cross Trophy Club Drive if that right hand lane was a right turn only or straight and if it would cause accidents. Council Member Geraci said if this sign was pushed back, it would not be seen well except for someone turning right and would need to be placed closer to the corner. Council Member Bone commented it would be proactive to see how far forward the sign would need to be to not involve 7-11 property. Council Member Geraci felt if the sign were placed on the curve, away from construction, then it would be more visible when travelling westbound on SH 114. Mayor Sanders commented on coming from Westlake, it would be plenty noticeable and to try to save the existing oak trees. Town Planner Payne asked if the suggestion was to use the existing sign or build a new one. Mayor Sanders confirmed the suggestion was to build a new sign to match the stone, tear down the old one and inquire if the land owner would negotiate a lease based on road construction. Mayor Sanders asked for information regarding the amount of HOT funds available, how much had been committed to future projects and how much of an affect would a budget amendment have, if the Town were to proceed with all four signs in the next year. Town Manager Norwood confirmed there would not be any financial impact, as there was over $1.5 million in HOT funds, and we would receive better bids if all four signs were completed at the same time. Council Member Bone asked if the $37,000 included both sides for each sign. Town Planner Payne confirmed this estimate would include the masonry work on both sides and that there would be a cost savings for lettering and lighting on one-sided signs, costing roughly $30,000. Mayor Sanders gave the Town staff the direction of looking at land issues, get additional pricing details for the signage and that Council was in favor of moving forward with allocating HOT funds for all four proposed entryway signs. Mayor Sanders thanks Town Planner Payne for her presentation. Town Council Minutes February 11, 2020 Page 6 of 8 B) Item No. 8 from the Future Agenda Items list: Review amending the Meetings and Rules of Procedure to have a provision for excused absences (Shoffner & Sanders 10/22/2010) (1-February 11, 2020) Mayor Sanders stated that the rules of procedure read if a Council Member missed more than three consecutive meetings, without an excused absence, a resignation would be accepted. Town Attorney Dodd shared the ordinance language read if a council member failed to attend three consecutive regular meetings, without being excused by the Council, his or her office may be declared forfeited by the Council and that it takes action by Council for the forfeiture and being excused. Mayor Sanders stated the issue was how to obtain an excuse. He shared tonight's example with Council Member Shoffner missing due to an unexpected business trip and Council Member Monger missing due to an unexpected illness. He stated the agenda had been published and the Council could not post an agenda item to excuse that business trip and shared the importance of covering absences for Council Members and a possible definition of excused absences. Town Attorney Dodd recommended a list be incorporated into the rules and procedures, upon notice as soon as possible. Council Member Fleury commented on the question being what was not considered an excused absence. Mayor Sanders said this is where they were headed as a way to accomplish handling situations as like tonight's meeting. Town Attorney Dodd asked if there was a consensus of what was an excused absence. Mayor Sanders shared his definition of a realistic reason for an excused absence, such as illness, family emergency, medical emergency and even a business trip. Mayor Sanders also shared that the Council had the ability to take action, postpone a meeting, go into recess and send the Police Chief to a council member's home to see why they were not attending. Council Member Bone commented at what point the Council would say a council member had too many absences. Mayor Sanders stated the Council had the ability to discipline itself but could not remove a person. Town Attorney Dodd shared under the rules and procedures the council could add the excused absences list and an x amount of meetings a council member could miss. Mayor Sanders asked if the Charter Review Commission addressed this section during their recent review. Rhylan Rowe, 404 Skyline Drive, shared that the Charter mentioned this scenario in the meetings but the Charter did not mention the absences and did not discuss further. Mayor Sanders shared the reason for this item was to begin discussion and move forward to draft a list. EXECUTIVE SESSION 15. Pursuant to the following designated section of the Texas Government Code, Annotated, and Chapter551 (Texas Open Meetings Act), the Council convened into executive session to discuss the following: A) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary position (S. Norwood) Parks & Recreation Board (S. Norwood) Discussion of Mayor Pro Tem (S. Norwood) CONVENED INTO EXECUTIVE SESSION —START TIME— 7.55 p.m. RECONVENED INTO REGULAR SESSION —START TIME — 8:17 p, m. RECONVENED INTO REGULAR SESSION 16. Consider and take appropriate action regarding the Executive Session (S. Norwood). Mayor Sanders reported that at a previous Executive Session the Council gave direction to Town Manager Town Council Minutes February 11, 2020 Page 7 of 8 Norwood to hire a city secretary among the top two candidates and if that first person declined, then move to the second. He stated that the first choice candidate, Mrs. Leticia Vacek, accepted the position, comes with 15+ years of experience from the City of San Antonio, and was very excited to begin her career with Trophy Club. The Council gave direction to Town Manager Norwood to draft an employment agreement with her start date of March 9, 2020. Mayor Sanders reported direction was given to Town Manager Norwood to contact the three citizens who had previously applied for the Parks Board to see if there was any continued interest, post the position to see if any other citizens were interested and to fill this vacancy within the next 30 days. Mayor Sanders reported that the Charter required if the Mayor Pro Tem position was vacated, the Council elect a Mayor Pro Tem. Motion Council Member Fleury made a motion, seconded by Council Member Bone, to nominate Council Member Shoffner as Mayor Pro Tem. Motion carried unanimously 4-0-0. Mayor Sanders stated that Council Member Shoffner will be the Mayor Pro Tem until after the May 2, 2020 General Election and Council would take action at that time. ADJOURNMENT Mayor Sanders adjourned the meeting at 8:20 PM. Sharon David, Interim Town Secretary Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Minutes February 11, 2020 Page 8 of 8