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Town Council Minutes - 10/25/2021 (2) (Amended) TROPHY CLUB TOWN COUNCIL REGULAR MEETING MINUTES Monday,October 25,2021;7 PM The Trophy Club Town Council met in a Regular Meeting on Monday, October 25, 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 Tem, Place 1 Dennis Sheridan Council Member, Place 3 (participated via Video Conference) Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager Leticia Vacek Town Governance Officer David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Matt Cox Director of Community Development Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7:01 pm with a quorum present and noted that Council Member Sheridan was participating via Video Conference for tonight's Council Meeting. INVOCATION Pastor Bill Eason, of Fellowship United Methodist Church, delivered the Invocation and asked that we be reminded that all have been called to lives of righteousness, justice, peace, wholeness, compassion and mercy. He prayed that Trophy Club Leaders be granted the patience of cooperation; and the clarity of thought and the courage of truth be given with decisions made. Lastly, he asked that we blend with all people of good will in this place and beyond and that this Town be a beacon of hope, peace and justice. PLEDGES Mayor Fleury led the pledges to the American Flag and Texas Flag. ANNOUNCEMENTS AND REPORTS Mayor Fleury stated that Item#3 would be removed from the agenda and presented at the next meeting. 1. Presentation of"Tarrant County 2020 Coronavirus Pandemic Historical Book"to the Town of Trophy Club by Tarrant County Clerk Mary Louise Nicholson. (Mayor Fleury) County Clerk Mary Louise Nicholson provided a brief history of the Tarrant County 2020 Coronavirus 1 Pandemic Historical Book Project. She shared that when the Pandemic hit, the importance of capturing the events of 2020 to share with future generations was important to all. In order to memorialize the activities of assistance and capture the impact on the various departments, Governor Abbott and Judge Whitley provided their message for the book. Also included are historical pictures and events of the 1918 Spanish Flu. Ms. Clark reported that all 41 Tarrant County cities as well as local universities, libraries and high schools would be presented with a copy of the book. On behalf of Tarrant County, County Clerk Nicholson presented Mayor Alicia Fleury a copy of the 2020 Coronavirus Pandemic Historical Book. Mayor Fleury accepted the book and thanked Ms. Clark. 2. Business Spotlight-Club Pilates. (Mayor Fleury) Ms.Vanessa Brebo, Club Pilates General Manager, gave a brief presentation of their services. The studio opened on October 21, 2021 and is located in Ste. 390, by Cristina's Mexican Restaurant. Pilates, originated by Joseph Pilates to rehabilitate soldiers, and is a full-body workout that is core-focused and uses specialized equipment that makes certain no body part goes over or under trained. All classes focus on flexibility, posture, toning, losing inches and helping with an overall better quality of life. Ms. Brebo stated that Club Pilates is offering 20% off the first month's membership fee as well as a free 35-minute Level 1 Class, offered twice a day, morning and evening. They offer classes from 6 am - 7:30 pm daily. Ms. Brebo led the Council and audience on a roll down exercise and Mayor Fleury thanked Ms. Brebo. 4. Update on Early Voting by personal appearance throughout October 29, 2021 and Election Day on Tuesday, November 2, 2021. (W. Carroll) Town Manager Carroll reported that Early Voting by Personal Appearance is open throughout Friday, October 29, 2021,from 7 am—7 pm. Denton County Voters may early vote at the MUD Annex Building, located at 101 Municipal Drive and Tarrant County Voters can vote at Southlake Town Hall. 5. Veteran's Day Event Update. (W. Carroll) Mr. Carroll reported the Town of Trophy Club is collaborating with the Veteran's Association to host the 2021 Veteran's Day Ceremony on Thursday, November 11, 2021, from 11 am — 12 pm at the Veteran's Memorial Park, located at 501 Parkview Drive with seating available as well as a shuttle service. Mr. Carroll added that Council Member Sheridan and PK Kelly, retired U.S.Army Veterans,would be the guest speakers and anticipates a great day of remembrance and honoring those who have or are currently serving in the U.S. Military. 6. Halloween Tips Update. (W. Carroll) Fire Chief Taylor presented a list of Halloween Safety Tips stressing visibility of the Trick-or-Treaters. He recommended adding reflective tape on Halloween Bags, Costumes and have children wear glow sticks or carry flashlights. He recommended drivers park in places for a car to pull out versus backing out. He recommended inexperienced drivers take the night off and that all wear seatbelts when utilizing golf carts. PROCLAMATION(S) 7. Issuance and approval of Proclamation 2021-30 proclaiming Veteran's Day in Trophy Club. (Mayor Fleury) 2 Mr. Jim Parrow read Proclamation 2021-30 into the record. Mayor Fleury made a motion to approve Proclamation 2021-30. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT:None Mayor Fleury presented Proclamation 2021-30 to Mr.Jim Parrow while photos were taken. CONSENT AGENDA 8. Take appropriate action to approve the Regular Town Council Meeting Minutes of October 11,2021. (L.Vacek) 9. Take appropriate action on Resolution 2021-14 Appointing Brown and Hofineister, LLP as Town Prosecutors for the Trophy Club Municipal Court(W. Carroll) 10. Take appropriate action to approve Resolution 2021-15 approving the Texas Term Sheet and its Intrastate Allocation Schedule opting-in to the Opioid Settlement. (W. Carroll) 11.Take appropriate action to authorize the approval of Purchases for various Departments exceeding $25,000. (M. Erwin) Mayor Pro Tern Lamont made a motion to approve Consent Agenda Items 8,9, 10 and 11. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT:None INDVIDIUAL ITEMS 12. Case PD-21-002 (Beck Townhomes) a) Conduct a Public Hearing regarding a request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD-Code Manufactured Home and Industrialized Housing District to a PD, Planned Development District to construct 36 Townhomes. (D.Jones and M. Cox) Mayor Fleury declared the Public Hearing open at 7:24 pm. Interim Town Planner Jones gave a presentation regarding the proposed Beck Townhomes. Mr. Gold of Beck Properties, presented a detailed presentation for the project. Mr. Gold stated the core focus is to avoid building manufactured homes on the land and, if denied by Council, Beck Properties does have an offer to build manufactured homes on the land. He reported that the proposed townhomes would mirror the existing Trophy Club Town Center Townhomes (PD-30) and the estimated sales would be $550,000 - $600,000 each. Mr. Beck addressed the 5 Community concerns in detail: Density, Traffic, Safety, Flood Zone/Drainage, and a Staggered Unit. 3 Council Member Shoffner asked Mr. Gold if he was aware that the Ordinance proposed allows for the building of R-11, R-12, and R-15 homes. Mr. Gold confirmed he was aware of this. Mayor Pro Tern Lamont asked if the costs of the roads would be paid for by Beck Properties, as well as turning over the entryway to the Town. Mr. Gold confirmed that was correct. Mayor Pro Tern Lamont asked if the giving of the Parkland Dedication Funds to the Town was included in the project. Mr. Gold confirmed that was correct. Mayor Pro Tern Lamont inquired if the two options from the Municipal Utility District regarding water and sewer had been decided. Mr. Arrouas, Beck Properties, stated the MUD had presented two options, with the first going behind Byron Nelson High School, which includes obtaining an easement, or Option #2 to go through Bobcat Blvd but will not be confirmed until a full set of civil drawings has been performed. Mayor Pro Tern Lamont asked if the backyards that face Highlands Glen had increased from 5 feet to 10 feet,with the units being reduced from 43 townhomes to 36 townhomes. Mr.Arrouas confirmed that two lots were removed from their proposed schematic, which in turn increased additional green space. Mayor Pro Tern Lamont asked if the drainage runs into Beck Properties. Mr.Arrouas did not have said information at this time. Mr. Gold added that the proposed townhomes were eliminated from 3 stories to 2 stories, with the idea to emulate Trophy Club Town Center Townhomes. Mayor Pro Tern Lamont asked if the property resides outside FEMA's 100-year floodplain. Mr. Arrouas stated the 2020-2021 FEMA Map from their Civil Engineer shows the property is outside the flood zone. Mayor Pro Tern Lamont asked if there is fire protection and concrete between each unit. Mr. Arrouas confirmed that was correct as well as inside sprinklers to be installed. Mayor Pro Tern Lamont asked if the HOA would be a gated community. Mr.Arrouas stated the HOA would be responsible for the maintenance of the green spaces, with any lift station under the HOA. Mayor Pro Tern Lamont asked if there would be a maintenance issue between the backyard fences. Mr. Gold confirmed a retaining wall would be built and it was stated that the HOA would be in charge of the mowing. Mayor Fleury reminded the audience that everyone would have the opportunity to speak, to extend courtesy and respect to those speaking, and to step outside for any necessary conversations. Mayor Pro Tern Lamont asked if the zoning requires 10,000 square feet of green space. Mr. Arrouas confirmed that was correct. Mayor Pro Tern Lamont asked if it were possible to build less than 36 townhomes. Mr. Gold confirmed the proposal includes 36 townhomes at this time. Mayor Pro Tern Lamont asked if Beck Properties had experience developing a community with one entrance and, if so, were there any concerns. Mr. Arrouas reported that meetings with the Fire Chief and Fire Marshal had taken place, who approved the width of the street. Council Member Sheridan stated due to the applicant indicating he was not open to discussing additional changes, he would hold his comments until a motion was made. Mayor Fleury stated she did not recall that being said on record. Council Member Sheridan stated that if this zoning change was denied, Beck Properties indicated they would sell to the manufactured housing proposal and any changes he recommended to the townhome request would not be applicable. He added he was in favor of the townhome project, but not in favor of the townhomes backing up to the Highlands Glen. He recommended the 7 townhomes be removed, which would put their project at 29 townhomes. Nathan and Lily Alexander, 2822 Annandale Drive, Trophy Club, shared their opinion of being against the project. Peter Mann, 15 Fairgreen Drive, Trophy Club, was not in favor of the townhomes, as well as supporting 4 any Council Member that would vote against the entire project. Mayor Fleury stated her decisions are not based on the next election,but what is best for the Town. Council Member Monger added Mr. Mann's statements could be considered a threat and that this type of statement made him want to vote for the opposite of Mr. Mann's viewpoint. Mayor Fleury added that Council does hear, listen and take into consideration what the residents are saying regarding this project. She also added that a developer/land owner that is building under current zoning has the right to sell or build. Gordan Evans, 120 Park Lane, Trophy Club, asked that the project be postponed and recommended additional research be spent on the traffic issue and water flow; otherwise he was against the project. Mr.Carroll reported that if Council moves forward on the project as presented,then the next phase would start with the Civil Engineers, who would address the drainage flow, contingent upon and paid for by the Applicant. He added that he is working with Denton County to come up with solutions and that this issue may present itself again as additional homes are built and cut-through traffic increases, with hopes to have this completed within the next several months. Mr. Evans asked if the cost to modify Bobcat Drive and Trophy Club Drive would be the Town's responsibility. Mr. Carroll confirmed that any costs related to the major thoroughfares, excluding private streets, would be the responsibility of the citizens. Brandon Blake, 2 Palmetto Court, stated he recently served on the Planning & Zoning Committee and shared his opinion that the presentation was ridiculous. Rhylan Rowe, 404 Skyline Drive, Chairman of Planning & Zoning Commission (P&Z), gave a summary of the recent meeting and stated he was available to answer questions. Council Member Shoffner asked if P&Z was aware that the zoning allowed are R-11, R-12 and R-15 development. Mr. Rowe stated if he had known this prior to the P&Z Meeting, it would have changed the way he approached the meeting. Council Member Shoffner asked if P&Z noted anything different from the Staff Report recommending approval. Mr. Rowe stated that Staff's recommendation was based upon what is in the zoning district, as well as building regulations and the type of housing project while comparing to the PD-30 Project. He also shared the importance of confirming if the project was the right thing, at the right time, and what objective(s) approving this item achieve for Trophy Club and could not come up with anything. Mr. Carroll reported that considering the land is owned and would be utilized, Town Staff looked at the future possibilities for the zoning, what makes sense for the development, while weighing the success of PD-30, and the townhomes would be a reflection of Trophy Club versus manufactured homes. Ms. Lona Tita, 105 Pebble Beach Drive, Trophy Club, asked if the presentation was a blackmail proposal. Mr. Gold stated that Beck Properties wants to avoid building manufactured homes on these parcels of land,but an offer is on the table to move forward to build mobile homes. He also addressed Mr.Alexander and his daughter Lily's comment regarding the number of kids and that he previously stated there were in 14 units, not 14 kids that would be living in the proposed townhomes. He also added that of the 39 units at Trophy Club Town Center,there were less than 5 school-aged children residing within the 39 units. Mayor Fleury reported the zoning in place had not changed and Beck Properties could build whatever was zoned for this area. She added that a Public Hearing allows the Council and Citizens the opportunity to hear the details of a proposed project and helps answer citizen questions. 5 Ms. Wendie Bailey, 201 Durango, Trophy Club stated she is favor of the proposed townhomes versus manufactured homes. In response to a question, Mr. Carroll confirmed that the developer would pay for the water and sewer lines, with no PID created. Amy Rovall,418 Middleton Drive, Roanoke,shared that she was against the project. She questioned when the parcel of land was originally zoned for mobile homes. Council Member Shoffner stated this parcel of land was zoned for manufactured homes when Byron Nelson High School was built in the late 1980's. Habid Shah, 1752 Halifax Street, Roanoke, shared his disapproval of the project presented. Christian DeMoux, 1740 Halifax Street, Roanoke, highlighted his disapproval of the project. A discussion was held on water and sewer lines as well as the fire suppression system. Chief Taylor confirmed that life safety is always the#1 concern and that a sprinkler system of the same level as PD-30 would be required. A discussion was held on Town Ordinance 14.02.163 regarding the higher density with appropriate buffering. Mayor Pro Tern Lamont asked if the buffering in the Town Ordinance applies to another town. Mr.Carroll confirmed no. Council Member Shoffner recommended the buffering under the manufactured homes be required with this project. Megan Nash, 1688 Glenmere Path, Roanoke, shared her concerns regarding the proposed project and safety issues for students crossing to and from area schools. Community Development Director Cox reported two crosswalk flashers had been received and would be installed this week. Dr. Rodger Lough, 2818 Annandale Drive,Trophy Club, shared he was not against the Townhome project but with all the concerns, he recommended the Town buy the land and possibly add a Park. Mayor Pro Tern Lamont inquired if the Town knew of the land value. Mr. Carroll reported this is up to the landowners but the Town had inquired into the available well sites and they were selling around $500,000 per acre. Denise Tennison, 1736 Halifax Street, Roanoke, shared her disapproval of the proposed project. Mayor Pro Tern Lamont asked if sidewalks were built up to the Water Tower. Mr. Carroll stated he would need to revisit the area but stated the sidewalk is along that particular route. Renee Pallet, 420 Chestnut Lane, Roanoke expressed concerns such as the number of parking spaces, drainage built-up, more buffering, and safety at the blind turn. Council Member Sheridan thanked all the citizens that participated in tonight's Council Meeting as well as all the emails received. He also thanked Mr. Rowe for being available for P&Z questions. He stated if the developer could remove the 7 Townhomes that back-up to Highland's Glen Subdivision, he would be in favor of building 29 Townhouses and that the space where the 7 units were proposed be turned into green space. Mayor Fleury asked if there was room for a buffer for the proposed 7 Townhomes that back-up to Highland's Glen. Mr. Arrouas understood the concerns raised tonight and stated that the further the project goes toward the eastside, and raising up of a retainage wall would be a discussion for the civil engineer and asked if there were a specific amount of feet requested for the buffer. Mayor Pro Tern Lamont asked why a drainage study had not been performed. Mr. Arrouas replied that the study is part of the civil engineering drawings phase and it is not feasible to spend $100,000 on civil 6 drawings unless approval has been granted for the project. Mayor Pro Tern Lamont asked if the drainage study would be presented for approval by the Town. Mr. Arrouas confirmed that all documents required by the Town would be submitted and they will do whatever needs to be addressed. Council Member Monger expressed his appreciation to all the citizens involved and the freedom to express opinions, which is a reflection of how Trophy Club stands as a community. He noted the importance of citizens attending Public Hearings, reading agendas, learning the facts, and what is listed on social media platforms. Mayor Fleury reminded everyone that TC Alerts is available with the option to set parameters,encouraged attendance at meetings and Public Hearings, as Trophy Club provides more than what is required by the State to supply the information to the citizens. She also shared that while emails were received stating no citizens were in favor of the project, she knew many citizens who were in favor of the project,just like the Flock Camera topic, and there are always opinions on both sides to listen and hear. She added that the speakers heard tonight were equally Trophy Club and Roanoke citizens, and the majority of the issues presented included density, traffic and safety and that Council is addressing these, including crossing guards, and school drop off/pick up to find solutions. Rhylan Rowe recommended signs be posted for the Town to advertise a rezoning request on the marquees as well as at the entrances/exits of the Town to help increase awareness, engagement and involvement. Renee Pellet, 420 Chestnut Lane, Roanoke, referenced Mr. Arrouas' earlier comment regarding the townhomes set lower due to the retainage walls that exist on the eastside of Highlands Glen. She added that if you stand on the eastside of Highland's Glen, the retainage walls are smaller in the middle and a few townhomes would be level and looking over the wall into homes. Mayor Fleury declared the Public Hearing closed at 9:32 pm. b) Take appropriate action to approve ordinance 2021-25 for the request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD- Code Manufactured Home and Industrialized Housing District to a PD,Planned Development District to construct 36 Townhomes. (D.Jones and M. Cox) Mayor Fleury recessed the meeting into Executive Session at 9:32 pm under the attorney client privilege for Item 12-b. Mayor Fleury reconvened the meeting at 10:02 pm and called upon Council Member Shoffner. Council Member Shoffner confirmed the slide presented with the mobile home images does not depict the type of manufactured homes allowed in the Trophy Club Ordinance. Mr. Cox confirmed these images are not HUD Code Homes. Council Member Sheridan stated he is in favor of the townhomes with the proposed recommendations: 1) The 7 Townhomes-Lots 23-29 be deleted backing-up to Highland's Glen and said area to be green space. 2) Recommend Exhibit C, Item 3 be changed from, "as any applicable regulation or standard that is not listed in Exhibit C shall comply with the regulations in PD-30"to "any applicable regulation or standard not listed in Exhibit C must comply with the Trophy Club Ordinances." 3) Item 1 B—change "public streets"to "private streets". 4) Item 1 D—add the language to allow for patio coverage and pergolas. 7 5) Item 2—add individual dwellings that need to be staggered to a minimum of 1 foot. 6) There is no definition of a breezeway or vestibule in the Trophy Club Ordinances, therefore, delete those 2 items from being a part of the 2,300 square footage. 7) Item 5 C (i)—no issue as no Townhomes to be built that back up to Highland's Glen. 8) Item C (9)—delete the section regarding a person standing on the sidewalk, as it is sufficient if the top of the equipment is not higher than the top of the parapet to hide the equipment. Council Member Shoffner asked for clarification relating to the referenced "Town Ordinances". Council Member Sheridan responded that the Town Ordinances provide for control over the development and zoning of the Town. Mr. Carroll confirmed there was not a specific Townhome Ordinance and that is why the documents reference PD-30. Council Member Shoffner agreed with not referring to PD-30 but felt it was important to be specific when referencing. He added that if a Townhome Ordinance is needed, that is different than referring to PD-30, which looks like this Ordinance, is written. Council Member Monger stated there is nothing to show what the manufactured homes will look like at this point and Council Member Sheridan's points needed to be discussed. He recommended tabling said item until December to allow Council to outline specifically what is best. Mayor Pro Tern Lamont moved to table Item 12-b until the December 13, 2021 Town Council Meeting. Council Member Monger seconded the motion. The motion to table carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None 13.Take appropriate action adopting Ordinance 2021-24 regarding the Municipal Utility District No 1's Amendment to increase fees for customers within the boundaries of the Public Improvement District No. 1 (The Highlands). (M. Erwin) Council Member Shoffner moved to adopt Ordinance 2021-24 increasing the fees for customers within the boundaries of the Public Improvement District No. 1 (The Highlands). Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None 14. Take appropriate action on the Drug Program Funding request of approximately$50,000 from the original $200,000 earmarked for drug enforcement for the purchase of new radios for the Police Department. (P.Arata) Council Member Shoffner inquired of the budgeting of this item. Finance Manager Erwin stated the audit showed this item was committed to the fund balance, which is defined as a Council action. He reported this amount was not listed as a line item in the General Ledger, but tracked at the end of the fiscal year with an amount of$167,000. He stated that Council could take action tonight and recommend to Staff a number they want for this item and confirmed the $167,000 has been designated for Police Special Projects. A brief discussion ensued regarding releasing the funds. 8 Council Member Shoffner recommended budgeting for these items as the intention is not to limit but figure out how much to allocate for funds. Mr. Erwin stated that Council would need to take action to move this amount off the General Ledger. Mr. Carroll confirmed the radios are a part of the budget. Mr. Erwin also reported the $29,000 from the Opioid Settlement has certain fund parameters. Mayor Pro Tem Lamont moved to transfer approximately$50,000 from the original $200,000 earmarked for drug enforcement for the purchase of new radios for the Police Department. Council Member Shoffner seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury NAY: None ABSENT:None 15. Future Agenda Items List. (W. Carroll) Mr. Carroll presented the Future Agenda Items List and noted that each item is on track as scheduled. PUBLIC COMMENTS Mayor Fleury asked if anyone had registered to speak. Town Governance Officer/Town Secretary Vacek confirmed one speaker had registered. Mayor Fleury called upon Ms. Olson. Jennifer Olson, 340 Inverness Drive, Trophy Club, expressed her appreciation of witnessing the Public Hearing and felt the hearing benefitted the citizens to hear presentations. She commented not having any public input on the Flock Camera System and encouraged everyone to attend the November 1, 2021 CCPD Meeting to obtain details. She also stated that when the CCPD brought the item to Council, there were no questions asked. She said that this system would impact Town citizens with the data received, privacy issues, who owns the data, as well as the retention of the data. She added that this system had been reviewed during the Summer of 2020, with conversations between Chief Arata and Council taking place behind the scenes, and that is the ultimate reason for citizen outrage. She also commented on last year's proposal including 5 cameras, with an option to opt-out, and now there were 9 cameras without the option for citizens to opt-out. Mayor Fleury thanked Ms. Olson. ADJOURNMENT There being no further discussion, Mayor Fleury adjourned the meeting at :23 pm. I FiL. Fleury, Ma o Att QJ Lei is cek, TRMC/CMC/MMC Town Governance Officer 9