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Town Council Minutes - 03/23/2021 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Tuesday,March 23,2021;7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, March 23,2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tern, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Philip Shoff ner Council Member, Place 6(participated via Skype) TOWN COUNCIL MEMBER ABSENT: Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications&Marketing Manager Haley Archer Human Resources Manager Sharon David Records Analyst CALL TO ORDER Mayor Fleury called the meeting to order at 7:42 pm and apologized to everyone in the audience and at home,for the lateness in starting the Regular Meeting. She explained that the Town Council and EDC-46 were meeting in the EOC prior to this Meeting. She noted a quorum was present with Mayor Pro Tern Lamont,Council Members Wilson, Bone, Monger,and Shoffner. Mayor Fleury noted that Council Member Geraci would not be in attendance. INVOCATION Mayor Fleury asked for continued prayers regarding the two recent tragedies in Atlanta and Boulder, as observed by lowering the Town's Flags at half-mast. The Invocation was delivered by Pastor Barry Clingan, who prayed for those honoring our Heavenly Father, for Mayor Fleury to have wisdom to lead and have grace to handle all the responsibilities,for the Council and the many hours they selflessly give. He prayed for the Town Manager and Town Staff to guide the Town to a"Town of Excellence". He also prayed for the Police and Fire Chiefs,all the firefighters and officers and for their protection as they protect all the residents. He prayed for wisdom and grace be for Dr. Warren and the Administrators and Staff serving under him. He prayed for all teachers and students, extending protection at all campuses,and that tonight's meeting be acceptable in God's Eyes. PLEDGES Council Member Monger led the Pledges to the American Flag and Texas Flag. PUBLIC COMMENT(S) Town Secretary Vacek confirmed no public speakers for public comment. March 23,2021 Page 1 of 8 ANNOUNCEMENTS)AND REPORT(S) 2. Art Z's"Kindness Is"Contest Winners. (S.Norwood) In honor of February's "Campaign for Kindness" Month; Mrs. Neelu Kharbanda announced the "Kindness Is" Art Contest Winners as Nathanial Basuki, Erin Stucky, Megan Stucky and Aubrey Jackson. Mrs. Kharbanda presented each winner with a goody basket and Mayor Fleury congratulated each winner with a Trophy Club Cap and Logo Lapel Pin. Mayor Fleury addressed Item#4 on the agenda. PROCLAMATIONS: 4. Issuance of Proclamation of Respect 2021-05 proclaiming Lou Opipare Day;Volunteer and First Paid Fire Chief for Trophy Club,TX.(Mayor Fleury) Mayor Fleury read and presented Proclamation 2021-05 to Pam Opipare. Chief Taylor spoke of Mr. Opipare's dedication to the Trophy Club Fire Department,being a Volunteer Fire Chief and First Paid Fire Chief in Trophy Club, with his years of service extending from 1989—2000. He mentioned that last year Mr.Opipare was the first resident to welcome him to Trophy Club as the new Fire Chief and spoke of the love and respect everyone had for him. Chief Taylor presented Mrs. Opipare with a Plaque, honoring Mr. Lou Opipare that displayed the "680" leather helmet piece,which represents Trophy Club's Fire Chief Number. Mayor Fleury presented Mrs.Opipare with a bouquet of Yellow Roses. Council Member Shoffner spoke of Mr.Opipare's friendship and willingness to volunteer,serving on multiple Boards& Commissions, sharing his wealth of history and being instrumental in bridging the gap between the MUD and the Town. He added he would miss his calls. Mayor Pro Tern Lamont commented on his friendship with Mr.Opipare,understanding one another and when opinions differed,respect between the two remained intact. Mayor Fleury moved to approve Proclamation 2021-05. Council Member Bone seconded the motion. The motion carried as follows: AYE:Bone, Monger,Wilson,Shoffner, Mayor Pro Tern Lamont,and Mayor Fleury NAY:None ABSENT:Geraci MOTION:6-0-1 Mayor Fleury addressed Item#8 on the agenda. 8. Update from Dr.Warren,Northwest ISD Superintendent on the upcoming School Bond Program Election.(S. Norwood). Mayor Fleury reiterated her apology to Dr. Warren and NISD Staff for the unexpected delay in tonight's Council Meeting. Mayor Fleury welcomed Dr. Ryder Warren, NISD Superintendent, Dr. Lillian Rausch, Board Member, and Aiyssa Edstrom, Education Foundation Community Relations Specialist,and former Trophy Club resident/student. Mayor Fleury commented that Town Staff is behind the scenes monitoring Facebook Live and YouTube comments for questions from residents after Dr.Warren's presentation. Questions received would be forwarded to the NISD Team to be answered. Mayor Fleury noted NISD Bond information was available at nisd.txbond.org/questions. Dr. Ryder Warren also introduced Dr. Ron Myers, Principal of Byron Nelson High School and thanked Mayor Fleury and the Council for last month's recognition of the BNHS Cheer Squad. He shared that the Northwest Independent March 23, 2021 Page 2 of 8 School District covers 235 square miles, is the eighth fastest growing school district in Texas, and will have 31 campuses in the 2021-2022 school year. The District spans 14 different communities in three different counties that include 108 housing developments and is 27%built out. Dr.Warren reported the District presents a bond election to the communities about every 4 years due to the student growth. The May 2020 Election was post-poned until November 2020 due to Covid and the bond presented on that ballot was not successful. The NISD Long Range Planning Committee began working on the new bond package in the amount of$745 million dollars. The updated demographic numbers received calculate 27,000 students enrolled in the 2021-2022 School Year. He also shared that as of now, mandated by law, the Texas Public School Boards no longer have the ability to organize bond elections,which was taken away by House Bill 3. School Districts must also separate the bonds into four categories and gave examples of each category: Proposition A- Building for Growth, updating, additions; Proposition B—any type of Addition/Renovation to a Stadium; while Proposition C covers Recreational but not Stadium related; and lastly, Proposition D—any type of Device purchased for students/staff. He added that the nisd.txbond.org website page provides a full detail of the proposed Bond Package as he summarized Propositions A-D. Dr.Warren noted the strong growth in construction,both residential and commercial and the rising taxable assessed values. He said the Board of Trustees refinanced existing debt. He added the district has two different types of tax rates; M&O,which includes day-to-day maintenance and operations, mainly consisting of salaries,and the I&S that pays the yearly debt. He mentioned the tax rate went down after the 2018 school year,with the reduction of$.45 to$.42 cents and House Bill 3 compressed the M&O tax rate from$1.04 to$.91 cents. The bond package presented will include four different propositions and noted that a disclaimer, due to House Bill 3, will be seen at the end of each proposition that reads,"there is a property tax increase". Dr.Warren emphasized that while debt will be added to the budget,there will not be a tax rate increase. He encouraged new residents to register to vote by April 1,2021, with early voting beginning April 19, 2021 and Election Day on May 1,2021. He also added that as he presents the Bond Package to 14 City Councils,each presentation is modified to the specific schools within that area and this one includes Beck,Lakeview, Medlin and Byron. Mayor Fleury received an email question asking,"How is the STEM Education emphasized in the Bond Package?" Dr.Warren responded the last Bond expanded the areas for the Biomedical,Culinary,Architectural and Engineering Programs, with all four high schools having Career and Technology Academies including Business, Aviation,Video and Art. He also shared that many of these academies are STEM oriented as well as having ten different engineering pathways within each high school. Regardless of where the student lives,they can choose which program they want to attend. In addition,if a student chooses not to leave their neighborhood,there are 25-27 pathways in career and technology,with many being STEM oriented. Council Member Monger received an email question that asked, "With the recent public scrutiny on disparity between men and women's college sports,what percentage of the district's athletic budget is allocated to women and men sports individually?" Dr. Warren reported that with the total allocation of a $250 million budget, the total athletic budget sits around 1.7%or 1.8%,which is roughly$3 or$4 million for athletics. He added that the District does not distinguish between men's and women's athletics, both having the same budget,regardless of the sport. Council Member Monger also asked for the"Break down of the square footage allocated between men and women's sports individually." Dr.Warren stated that everything is the same across all campuses. Council Member Bone received a Facebook question asking,"Rumor is that the District threatens to do away with programs if the Bonds fail,do we get a say on what goes and what stays?" Mayor Fleury asked Ms. Edstrom to answer this question as she had recently answered this for her. Ms. Edstrom stated that in terms of the programs in place, the bond would not impact these areas. In November 2020, Ballot March 23, 2021 Page 3 of 8 Propositions A—D were for Bond and Proposition E was for VATRE that affects the M&O Tax Budget. She explained that bonds could not be used for teacher salaries,programs or anything in that wheelhouse. The plans are for the District to bring forth another tax election for the M&O Operation in November 2021 but the programs will not be affected. Council Member Bone asked if there was concern the bond fails,this would not affect the programs such as music teachers, fine arts programs, etc... Ms. Edstrom confirmed that was correct and that House Bill 3 compressed the tax rate for the M&O,which is where the deficit is seen. In November 2021,this is the opportunity to vote on that portion of the Tax Rate,but the I&S Tax Rate for this bond would not be effected. Council Member Monger received the following question;"Will this be the last bond package we see? If we receive the money,will we see more bond elections every few years?" Dr.Warren confirmed that the District shaved$240 million off this Bond Package to provide taxpayers a tax break. He shared that every 3-4 years a bond is presented, due to the expansion of student growth. Because of the November 2020 Bond failure,the Committee elected to remove some things,and though nothing has stopped the growth,the District is mandated to keep all buildings sufficient. Thus,the Bond Program is the only mechanism the State has to produce funds for the District to keep up with the student growth. Council Member Monger agreed that building and adding on is an importance factor and the funds have to come from somewhere. Mayor Fleury received a Facebook question of; "If more families are moving to the Northwest District,does this bring in more money to the District." Dr.Warren stated yes but also no;on the I&S Bond side. The District is given credit for the growth of students and able to fund without a tax increase. The M&O side includes the everyday expenditures,which the District does not get credit. With the 2.5 growth cap on the M&O side,the rest is captured by the State. He shared the District has lost revenue on the M&O side. Mayor Fleury asked Ms. Edstrom to share a question she hears frequently. Ms. Edstrom stated the two-bucket question is by far the most asked question,along with the confusion on the stadiums and the specific Propositions. Dr. Rausch shared there is a lot of confusion about the money in the stadium going into the new Texas Stadium versus the old stadium,which is in disrepair. The other is how property taxes are not affected and the answer would be there is a fixed tax rate for the associated value, not because the tax rate is being raised. Mayor Fleury asked Dr. Meyers if he has come across any specific questions he would like to share. Dr. Meyers commented on the importance of hearing the big picture from the District's Central Office on what is happening. Specifically, the usage of the small stadiums and that the community understand the practical implications of providing these resources to the students on a daily basis. Mayor Fleury commented on Dr.Warren's recent statement made at the Rotary Club that the Board is looking into allowing communities to use NISD outdoor athletic facilities. Dr.Warren said with the Covid Epidemic,the District has been making plans with the six middle schools to open their outdoor facilities, after hours, such as the tracks and courts,to allow community use and views this as a positive community outreach. Mayor Fleury expressed her appreciation to Dr. Warren and Staff being present tonight and for the Board listening to the Community. Mayor Fleury confirmed no additional questions received. Council Member Shoffner thanked Dr. Warren, all administrators, teachers and staff for their hard work and dedication to all the students. Though hit hard with Covid,the communication has been excellent. He added that students were well taken care of and appreciated the leadership by all. March 23, 2021 Page 4 of 8 Dr.Warren stated that next week the District would be working with teachers,staff,PTA parents and eight different State Leaders regarding a list of priorities and communications,and if there is any issue the Town would like to add, please let the District know to include on the list. Mayor Fleury thanked Dr. Warren and his staff for the Bond Presentation as well as their dedication to the community. She encouraged everyone to visit their website (nisd.txbond.org) for any question(s). Mayor Fleury reiterated her apology for the Council Meeting starting late and offered to take Dr.Warren to lunch. ANNOUNCEMENTS AND REPORTS 1. Update regarding no new proposal submitted for property/land across Trophy Dog Park(S.Norwood). Town Manager Norwood reported that 8 months ago Developer Skorburg came forward with a single-family home development, next to Churchill Downs, across from Freedom Dog Park, and adjacent to Abbey Moore. That development was denied by Planning&Zoning and Town Council. Recently,the developer met with staff to discuss 10,000 minimum square foot lots. Mr. Norwood explained the lots are specific to R15 zoning and an application could not be submitted at this time. The Developer asked if he could submit an application in May and be presented to the Council in July,which would be the one-year mark. Mr.Norwood explained this could not be done as the one- year mark would be sometime in July. At this time, the Developer has not responded. Mr. Norwood fully expects an application to be submitted sometime this Summer. Council Member Bone asked that it be clarified for the citizens that no new proposal had been submitted to Planning &Zoning or Town Council. Furthermore,that the Developer had submitted no new proposals or changes since last July 2020. Mr. Norwood confirmed that was correct. 3. Recognition from the Arbor Day Foundation designating Trophy Club as a 2020 Tree City USA Community.(S. Norwood). Mayor Fleury addressed Items#3 and#5 on the agenda. Town Manager Norwood stated this is a nice honor for Trophy Club and indicative of the work Director of Parks& Recreation Jaramillo and his staff provide. Mr. Jaramillo commented that Arbor Day is a program he is extremely proud of. He recognized this accomplishment could not be done without the dedication of the Parks'Team providing tree planting/pruning, etc... One of the Arbor Day Foundation requirements is a Proclamation,which the Town is issuing tonight, and benefits all by providing educational classes and resources in the need for trees. He congratulated the Town on being recognized for the 17th Year as a"Tree City USA"Community and the work his staff provides to meet the requirements. He commented on the 50-year old Mesquite Tree to explore that is located at 2885 Trophy Club Drive,east of Freedom Dog Park and nature trails. Mayor Fleury inquired on the health of the tree planted years ago on Arbor Day. Mr.Jaramillo reported this specific tree had been transplanted to a median and was in very good health. S. Issuance of Proclamation 2021-06 proclaiming Arbor Day in Trophy Club,TX.(Mayor Fleury) Mayor Fleury read Proclamation 2021-06 and presented it to Mr.Jaramillo. A photo was taken as Mayor Fleury presented the Tree City Plaque and Proclamation. Mayor Fleury moved to approve Proclamation 2021-06. Council Member Monger seconded the motion. The motion carried as follows. March 23, 2021 Page 5 of 8 AYE:Bone, Monger,Wilson,Shoffner, Mayor Pro Tern Lamont,and Mayor Fleury NAY:None ABSENT:Geraci MOTION:6-0-1 Mayor Fleury congratulated Mr.Jaramillo and his staff on their dedication to maintaining the beautiful Parks and congratulated him on his 15-Year Service to the Town of Trophy Club. CONSENT AGENDA 6. Take appropriate action regarding the Town Council Minutes dated February 23,2021. (S.Norwood) 7. Take appropriate regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2021-2022 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or her designee to execute all necessary documents.(S.Norwood) Council Member Bone moved to approve consent agenda items#6 and#7. Council Member Monger seconded the motion. The motion carried as follows. AYE:Bone,Monger,Wilson,Shoffner,Mayor Pro Tern Lamont,and Mayor Fleury NAY:None ABSENT:Geraci Motion:6-0-1 INDIVIDUAL ITEMS Mayor Fleury declared the Public Hearing open at 8:45 PM for Case SUP 21-001. 9. PUBLIC HEARING: -Case SUP 21-001(Wingstop Alcohol Sales) a. Conduct a Public Hearing for a Request by Wingstop for a Specific Use Permit(SUP)for Alcoholic Beverage Sales for On-premise consumption in conjunction with a restaurant use, generally located approximately 150 feet east of Trophy Club Drive and approximately 275 feet north of SH 114. Town Secretary Vacek confirmed no public comments were received and no one registered to speak on this item. Mayor Fleury declared the Public Hearing for Wingstop closed at 8:46 PM. b. Discussion and recommendation regarding a Request made by Wingstop for a Specific Use Permit for Alcoholic Beverage Sales for On-premise consumption in conjunction with a restaurant use, generally located approximately 410 feet east of Trophy Club Drive and approximately 275 feet north of SH 114. Mayor Pro Tern Lamont moved to approve Case SUP 21-001. Council Member Bone seconded the motion. The motion carried unanimously as follows. AYE:Bone, Monger,Wilson,Shoffner, Mayor Pro Tern Lamont,and Mayor Fleury NAY:None ABSENT:Geraci MOTION:6-0-1 Council Member Wilson asked that a modification to Mayor Pro Tern Lamont's motion be accepted for the 275 feet north of SH 114,instead of 215 feet north of SH 114. The correction was appropriately noted March 23,2021 Page 6 of 8 Council Member Shoffner asked Assistant Town Manager Carroll for clarification that if this item were approved, Wingstop would be allowed to sell alcoholic beverages. Assistant Town Manager Carroll confirmed that was correct. 10.PUBLIC HEARING: -Case SUP 21-002(Blue 22 Alcohol Sales) Mayor Fleury declared the Public Hearing open at 8:47 PM for Case SUP 21-002. a. Conduct a Public Hearing for a Request by Blue 22 Sports Grill for a Specific Use Permit for Alcoholic Beverage Sales for On-premise consumption in conjunction with a restaurant use, generally located approximately 410 feet east of Trophy Club Drive and approximately 215 feet north of SH 114. Town Secretary Vacek confirmed no public comments were received on this item and no one registered to speak on this item. Mayor Fleury declared the Public Hearing for Blue 22 closed at 8:48 PM. b. Discussion and recommendation regarding a Request made by Blue 22 Sports Grill for a Specific Use Permit for Alcoholic Beverage Sales for On-premise consumption in conjunction with a restaurant use, generally located approximately 415 feet east of Trophy Club Drive and approximately 215 feet north of SH 114. Council Member Bone moved to approve Case SUP 21-002. Council Member Monger seconded the motion. The motion carried as follows. AYE:Bone, Monger,Wilson,Shoffner, Mayor Pro Tern Lamont,and Mayor Fleury NAY: None ABSENT:Geraci Motion:6-0-1 11. Take appropriate action regarding the acceptance of the audit for the Town of Trophy Club,Fiscal Year 2020. (M.Erwin). Mayor Pro Tern Lamont moved to approve the Fiscal Year 2020 Audit for the Town of Trophy Club,which the Town Council Budget Subcommittee reviewed positively. Council Member Wilson seconded the motion. The motion carried as follows. AYE: Bone, Monger,Wilson,Shoffner, Mayor Pro Tern Lamont,and Mayor Fleury NAY:None ABSENT:Geraci Mayor Fleury thanked Mr. Erwin for patiently waiting for this item to be addressed. 12. Update of Municipal Utility District and Town Subcommittee Meeting. (Mayor Fleury and Council Member Wilson) Mayor Fleury reported that Council Member Wilson and she attended the Subcommittee Meeting. Council Member Wilson reported the last few months were spent with the Municipal Utility District(MUD)to come up with a way to deal with the Fire Protection Services. He noted this is strictly related to Fire Protection Services only,not related to wastewater. He reported that the Subcommittee is recommending a review of two options. Option 1 includes the Town assuming 100%of the Fire Operations while the MUD continues to fund the I&S,which includes the debt. The advantage would include the contributions from the entire MUD, including Westlake and with the Town not assuming the additional revenue that would come from Westlake. If this option is chosen,the Town would collect tax for the Fire M&O and the MUD would collect tax for the I&S. The PID Assessment would be reduced for the Fire M&O. The PID Assessment this year was$510,000 and would decrease to$77,000 and the following year to$44,000, March 23, 2021 Page 7 of 8 which is an 85%reduction in PID Assessment. For clarity,the PID surcharge would continue to be charged as that is primarily the 2014 Bond for the Wastewater Treatment Plant. The Fire Station and property would remain with the MUD until the debt is paid off. Council Member Wilson reiterated the Town would assume the M&O Operations. The MUD would assume the I&S portion. Mayor Pro Tern Lamont asked for clarification that the PID Assessment would be reduced by $500,000. Council Member Wilson stated the PID Assessment would go from $510,000 to $77,000 equating to an 85% reduction. Mayor Pro Tern Lamont asked who would pick up the loss in revenue. Council Member Wilson confirmed the Town would do so. At this time,the Town splits the M&O 50/50 with the MUD and the Town would have to assume 100%, with an increase in taxes to pay this amount. Mayor Pro Tern Lamont asked if this meant raising taxes across the board or on the PID Area only. Council Member Wilson confirmed this would only effect the properties in the PID. Mayor Pro Tern Lamont asked if the debt would stay in service. Council Member Wilson confirmed they would continue to collect debt as they are doing. Mayor Pro Tern Lamont asked if the Town of Westlake would still pay and Council Member Wilson confirmed this was correct. Council Member Shoffner asked if the Town would be required to raise taxes because the MUD can tax those over 65 whereas the Town cannot. Council Member Wilson said this question was raised, as this would be a new service. Town Attorney Dodd confirmed this is not addressed under a new service as the MUD has the right to raise property tax for residents over 65 as they do not have a freeze. He added that the Town has frozen taxes for property owners over 65 years of age. Council Member Shoffner commented on this not being an equal-to-equal level regarding the PID Area. He noted having to make up the difference. Council Member Wilson reported that the Town would not receive the additional revenue for residents over 65. Residents under 65 would pick up the additional costs. Mayor Pro Tern Lamont recommended staff schedule a workshop to address and answer all questions. Mayor Fleury reminded everyone the Byron Nelson High School"Taste and Talent"starts March 25,2021 thru March 31, 2021, and tickets may be purchased online. This event will showcase four local Trophy Club Restaurants that contribute to Senior Scholarships. Mayor Fleury commented on visiting Pastaza and recommended their excellent food. ADJOURNMENT: Mayor Fleury adjourned the meeting at 8:57 PM. _ l A' is L. Fleury, mayol 'On own of Trophy Club,Texas �4t $t: ticia acek,TRMC/CMC/MMC Town Secretary/RMO March 23,2021 Page 8 of 8