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Minutes TC 11/10/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, November 10, 2015 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, November 10, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Farrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Mayor Sanders announced the date of Tuesday, November 10, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Parks and Recreation Director Adams. The Pledges were led by Mayor Pro Tem Lamont. 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. Bob Radder, 1 Lee Court, read a statement regarding his resignation from the Zoning Board of Adjustment. TCMUD No. 1 Board Director Neil Twomey spoke regarding the water rate review item that was on the October 13, 2015 Council agenda, and advised that the data that was provided by Mr. Rose for commercial wastewater was off by approximately 51 percent. Mayor Sanders asked that Mr. Twomey meet with Assistant Town Manager/CFO Glickman. Town Council Minutes November 10, 2015 Page 1 of 9 INTRODUCTION 1. Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy. Police Chief Arata introduced Police Officer Barry Sullivan and Police K-9 Officer Indy and announced that the Town will hold an event at Independence Park East on November 21, 2015, at 10 a.m. to introduce Indy to the Town residents. Police Officer Sullivan stated that Indy is about a year and a half years old and advised that they have already seized methamphetamines since being back from training in Indiana. 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 Minutes dated October 13, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents. 4. Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of Trophy Club's Hazardous Mitigation Action Plan (HMAP); and providing an effective date. Council Member Shoffner stated that he would like to make a correction to the Staff Report for Item No. 3 by changing the budget impact amount from $12,750 to reflect the Medical Director Agreement amount of $4,950. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve the Consent Agenda Items 2 through 4, with the correction to the Staff Report for Item No. 3 by changing the budget impact amount from $12,750 to $4,950. Motion passed unanimously. REGULAR SESSION 5. Consider and take appropriate action regarding a Resolution adopting a policy authorizing the Mayor to direct that the United States flag be lowered to half-staff at designated times; and providing an effective date. Council Member Parrow provided an update regarding the proposed changes that were made to the Resolution since the agenda packet went out. Motion: Motion made by Council Member Parrow, seconded by Mayor Sanders, to approve Resolution No. 2015-38, adopting a policy authorizing the Mayor to direct that the United States flag be lowered to half-staff at designated times; and providing an effective date, as presented at the dais. Council Member Parrow advised that the resolution was revised to address the concern that the flags would be lowered frequently. He stated that in the last 10 years, there have been no police officers or firefighters that have Town Council Minutes November 10, 2015 Page 2 of 9 been killed in the line of duty within the Town, and that he is aware of only one funeral held in the Town for a soldier who was killed in the line of duty. Motion to Table Indefinitely: Motion made by Council Member Shoffner, seconded by Council Member Reed, to table the item indefinitely. Mayor Sanders stated that his ruling on the motion to table was that it was not a debatable matter, Council Member Shoffner challenged the decision, and Mayor Sanders turned the chair over to Mayor Pro Tem Lamont. Town Attorney Adams advised that per Robert's Rules, the motion allows for limited debate which must not go into the merits of the main question any more than is necessary to enable the assembly to determine the priority of the postponement. The vote was taken, to uphold the decision of the Chair that the motion to table indefinitely was not a debatable item. Motion failed for lack of majority 1-6-0 with Mayor Sanders voting for, and Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting against. Mayor Pro Tem Lamont turned the chair back to Mayor Sanders. Council Member Shoffner spoke in favor of tabling the item indefinitely due to his belief that the Town would honor the death of a fallen police officer, firefighter, or active military person that was killed in the line of duty without having to have a policy in place. He commented that he believed the matter should be limited to what the Town is in control of verses controlling National tragedies. Council Member Parrow stated that he felt that it would be an additional tribute to show respect and honor because he was cognizant of the importance of the flag to military personnel. Council Member Reed recognized that the Chattanooga occurrence was a tragedy where recognition was delayed for military members, but that he felt this was not an issue within the Town that needed to be addressed. Council Member Rowe and Council Member Kurtz commented that a National tragedy was ignored but that they were concerned that the proposed policy had too much discretion. Mayor Sanders and Mayor Pro Tem Lamont commented that there were some possible amendments that they would have recommended to the policy. Discussion took place that Town has the ability to lower the flags if a police officer or firefighter were killed in the line of duty. Additional conversation took place regarding the concern that a decision whether or not to lower the flags would be at the discretion of one person. The vote for the Motion to Table Indefinitely was taken. Motion carried 4-3-0 with Mayor Pro Tem Lamont and Council Members Reed, Rowe, and Shoffner voting for, and Mayor Sanders and Council Members Parrow and Kurtz voting against. 6. Consider and take appropriate action regarding a Resolution of the Town Council casting it's twenty-two (22) allocated votes for a person or persons to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve Resolution No. 2015-36, casting it's twenty-two (22) allocated votes for David Terre to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date of November 10, 2015. Town Council Minutes November 10, 2015 Page 3 of 9 Discussion took place regarding how individuals are nominated and the process of casting votes for nominees. The vote was taken. Motion passed unanimously. Consider and take appropriate action regarding a Resolution of the Town Council casting it's one (1) allocated vote for a person to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve Resolution No. 2015-37, casting it's one (1) allocated vote for Michael O'Donnell to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date of November 10, 2015. Motion passed unanimously. 8. Consider and take appropriate action regarding a Non -Exclusive Use Agreement between the Town and Bobcat Youth Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary documents. Parks and Recreation Director Adams advised that the football organization only uses the Town's fields for practice four months out of the year and that the organization agreed to recognize residents and non-residents within the agreement. Council Member Kurtz commented that he believed that the non-resident rate was not necessary because Trophy Club and Roanoke residents make up the majority of the users. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve a Non -Exclusive Use Agreement between the Town and Bobcat Youth Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary documents, and to strike the first paragraph of Section 2.02: "In addition to the fees otherwise provided herein, for the Fall Season (defined below), BYFO shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club Or the City of Roanoke. Such fee shall be ten dollars ($10.00) per person who enrolls in the BYFO football program. No later than the twenty-first (215) day after the commencement of regular season game play for the Fall Season, BYFO shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement". Discussion took place that there is no need to impose the out of area fee and that the football organization has a minute impact of Town resources compared to other sports organizations. Town Manager Seidel commented that the soccer agreement is anticipated to be presented for consideration at the December 8, 2015 Council meeting. The vote was taken. Motion passed unanimously. After receiving a message, Mayor Sanders regretfully announced the passing of Teensie Wellborn who volunteered at the Roanoke Food Pantry for over 28 years. Town Council Minutes November 10, 2015 Page 4 of 9 9. Consider and take appropriate action regarding an ordinance of the Town amending Article 2, "Traffic and Vehicles" of Chapter 10, "Public Safety" of the Code of Ordinances repealing Section 2.05(E), "Overnight Parking" and adopting a new Section 2.05(E) "Overnight Parking" regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Mayor Sanders, to approve Ordinance No. 2015-40, amending Article 2, "Traffic and Vehicles" of Chapter 10, "Public Safety' of the Code of Ordinances repealing Section 2.05(E), "Overnight Parking" and adopting a new Section 2.05(E) "Overnight Parking" regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date, as presented at the dais. Motion to Table Indefinitely: Motion made by Council Member Reed, seconded by Council Member Parrow, to table the item indefinitely. Mary Ellen Moore, 115 Fairway Village Drive, stated that the bumper of vehicles, that park in front of her zero lot line property, borders the edge of her driveway and provided a demonstration of her statement. Her concern stemmed from a previous neighbor that routinely parked in front of her property and she believed it was a hazard because of visibility. Jo Berman, 107 Fairway Village Drive, commented that the streets in her area are narrow which creates issues with visibility. Additionally, she spoke in favor of the Council tabling the item indefinitely. Council Member Rowe stated that both residents have legitimate concerns and advised that the intent of the current ordinance is to hopefully discourage long term parking on the streets. Police Chief Arata stated that the proposed amendments to the current ordinance will not solve the concerns of parking on narrow streets. Additionally, he stated that there are approximately 14 valid annual permits. Council Member Rowe commented that he supported the motion to table but while the item is open, there is a need to review streets that are narrow for example: Summit Cove, Fairway Village, Villas of Hogan Glen, Oakhill, and Abbey. Town Attorney Adams commented that an option could be to regulate parking on certain streets depending on the width of the streets. Additionally, she stated that Town Staff would like direction on the overnight parking component and have the ability to address the other parking concerns at a later time. Discussion took place that the large contributor for parking issues is that some houses have four vehicles for a two vehicle driveway. Mayor Sanders and Council Member Shoffner spoke against the motion to table in order to allow amendments to the current ordinance. The vote for the Motion to Table Indefinitely was taken. Motion failed for lack of majority 2-5-0 with Mayor Pro Tem Lamont and Council Member Reed voting for, and Mayor Sanders and Council Members Parrow, Rowe, Kurtz, and Shoff ner voting against. Town Attorney Adams reviewed the proposed changes that were made after the October 27, 2015 Council meeting, which included the following: eliminating extraordinary circumstances and adding a special permission section; eliminating that permits would have to be registered to the address requesting the permit; the fee for the permit and renewal was changed to $100; the expiration changed to one year after the date of issuance; added language that "Under no circumstances shall permission to park during Restricted Hours be granted if in the sole determination of the Chief of Police or his designee, the request may result in a traffic hazard or may impede the Town Council Minutes November 10, 2015 Page 5 of 9 access of emergency of other Vehicles"; and that vehicles have to be parked directly in front of the residence. She pointed out that the temporary permit section states that the permit shall not exceed ninety (90) days within one (1) year from the date of issuance. Council Member Shoff ner commented that he would like the option to implement a mechanism to have the ability for residents to request temporary permits online as proof of documentation. Council Member Reed commented that he would be inclined to remove annual permits but allow temporary permits for residents who have guests in Town or for students who are home in the summer. Council Member Kurtz stated that there are a few cases that warrant special exceptions to be made that would allow for annual permits to be issued. Motion to Amend: Motion to Amend made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to revise the first sentence of Section 2 so that it reads: "Any person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours shall purchase a permit authorizing the same from the Town, provided however, a permit shall only be allowed if there are three (3) or more vehicles at the address of the person requesting the permit, if three (3) vehicles are at the address, only one (1) permit may be issued, if four (4) vehicles are at the address, a maximum of two (2) permits may be issued". Additional amendments were made to Section 4 by adding "consecutive" to the second sentence, "$30" to the third sentence, and "the resident" to the fourth sentence so that they read: "A temporary permit authorized by this section shall be issued for a period not to exceed ninety (90) consecutive days within one (1) year from the date of issuance. The temporary parking permit fee shall be thirty dollars ($30) and shall be valid for one (1) year from the date of issuance of the permit. If the need for a temporary parking permit results from driveway repairs being performed by the resident or under the direction of a public utility company or a governmental entity, including without limitation the Town or MUD1, the permit fee imposed by this Section shall be waived". Council Member Rowe spoke in favor of allotting one permit for the household and a $50 temporary permit fee. Additionally, he stated that he would support eliminating annual permits if that was the consensus of the Council. Council Member Kurtz stated that supported not having yearly permits but that he also supported that legitimate circumstances be allowed and approved by the Police Chief. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Reed, seconded by Council Member Parrow, to revise the first and second sentences of Section 2 so that it reads: "Any person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours shall purchase a permit authorizing the same from the Town, provided however, a permit shall only be allowed if there are four (4) or more vehicles at the address of the person requesting the permit. A maximum of one (1) annual permit may be issued per household". An additional amendment was made to revise the third sentence of Section 4 so that it reads: "The temporary parking permit fee shall be one hundred dollars ($100) and shall be valid for one (1) year from the date of issuance of the permit". Council Member Shoffner requested to divide the question. Council Member Kurtz asked if the four vehicle requirement per household applies to temporary permits. Ms. Berman asked if the language was specific that permit holders had to park in front of their property. Mayor Sanders stated that if her neighbor were to obtain a permit, then they would be required to park in front of their property. Town Council Minutes November 10, 2015 Page 6 of 9 The vote for the Second Amendment to the Motion to Amend the Amendment was taken, to change the temporary permit fee from $30 to $100. Motion failed for lack of majority 3-4-0 with Council Members Parrow, Reed, and Kurtz voting for, and Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Rowe and Shoffner voting against. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Rowe, seconded by Council Member Shoffner, to change the temporary permit fee from $30 to $50. Town Attorney Adams advised that the proposed ordinance regarding temporary permits applies when the need for parking extends beyond the maximum seven (7) consecutive days as approved by the Chief of Police. Modified Motion: Council Member Rowe and Council Member Shoffner agreed to modify the Motion to Amend the Amendment to include revising the first sentence of Section 4: "In lieu of purchasing an annual permit, when a person who meets the requirements of Section (E)(2) above, or in the event that the need for parking extends beyond seven (7) consecutive days, a person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours, may purchase a temporary permit from the Town". The vote for the Motion to Amend the Amendment as Modified was taken, to change the temporary permit fee from $30 to $50; and to revise the first sentence of Section 4: "In lieu of purchasing an annual permit, when a person who meets the requirements of Section (E)(2) above, or in the event that the need for parking extends beyond seven (7) consecutive days, a person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours, may purchase a temporary permit from the Town". Motion passed unanimously. Discussion took place that the reasoning for Town Staff recommending changing three to two vehicles was based on complaints received from residents who were seeking permits to help eliminate the rotation of vehicles. The vote for the First Amendment to the Motion to Amend the Amendment was taken, for four (4) or more vehicles and a maximum of one annual permit issued per household. Motion carried 6-1-0 with Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Sanders voting against. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Reed, seconded by Council Member Rowe, to strike Section 2 altogether and grant a waiver to the residents who currently hold a permit and continue to have the permit as long as they reside in Town. Council Member Rowe pointed out that the first two sentences of Section 2 would need to be moved to Section 4 regarding the number of vehicles required to obtain a temporary permit. Council Member Kurtz added that the waivers granted to the current permit holders shall not be transferable to a third party. Mayor Sanders and Council Member Shoffner spoke against the amendment because they believed there should be an option for annual permits. Council Member Rowe commented the he was concerned about future consequences of over parking on the streets. Town Council Minutes November 10, 2015 Page 7 of 9 The vote for the Motion to Amend the Amendment was taken, to strike Section 2, grant a waiver to the residents who currently hold a permit and continue to have the permit as long as they reside in Town, and implement the first and second sentences of Section 2 into Section 4. Motion carried 4-3-0 with Council Members Parrow, Reed, Rowe, and Kurtz voting for, and Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Shoffner voting against. Motion to Refer: Motion made by Mayor Sanders, seconded by Council Member Shoffner, to refer the item to the next Council meeting on December 8, 2015. Mayor Sanders stated that he would like the residents to be able to review the proposed changes and have an opportunity to speak about the changes. The vote for the Motion to Refer the item was taken. Motion carried 4-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Kurtz and Shoffner voting for, and Council Members Parrow, Reed, and Rowe voting against. RECESSED AT 9:18 P.M. FOR A BREAK RECONVENED AT 9:25 P.M. INTO REGULAR SESSION 10. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Joint Police and Town Hall Facility *Christmas Event *Police K-9 Officer Badge Pinning Ceremony *PID Bond Refunding *Pebble Beach *Economic Development *Veterans Memorial Ceremony Town Manager Seidel updated the Council and addressed questions, no action taken, update only. 11. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for December 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda List: 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) Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1 -November 10) Mayor Sanders commented that Item No. 12 (Public, Educational and Government channel fee) from the December 8, 2015 agenda could be delayed until the next scheduled Council meeting. Mayor Pro Tem Lamont requested to add an item to the Town Council Future Agenda Items List: Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. Council Member Shoffner requested to add an item to the Town Council Future Agenda Items List: To open the Council Rules of Procedure. Town Council Minutes November 10, 2015 Page 8 of 9 EXECUTIVE SESSION (TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION) 12. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: Texas Government Code Section 551.071(2) Consultation with Attorney, in order to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: (A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal process RECONVENED INTO REGULAR SESSION 13. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Rowe, to adjourn. Motion carried unanimously. Meeting adjourned at 9:46 p.m. Holly Fim re , Town Secretary/RMO Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Minutes November 10, 2015 Page 9 of 9