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Minutes TC 02/23/2016 - Special SessionMINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, February 23, 2016 at 6:00 P.M. Public Service Conference Room The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Tuesday, February 23, 2016. 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 Mayor Sanders announced the date of Tuesday, February 23, 2016, called the Town Council to order and announced a quorum at 6:02 p.m. EXECUTIVE SESSION 1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 55.1.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 (1) and (2) Consultation with Attorney seeking advice of its attorney regarding pending or contemplated litigation or a settlement offer or 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. 1. Patricia Adams, Town Attorney - Terms of employment B. Section 551.071 "Consultation with Attorney" under Subsection (1) when the governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation 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 (551.071(1) and (2)). 1. Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas CONVENED INTO EXECUTIVE SESSION - START TIME — 6:03 P.M. RECONVENED INTO SPECIAL SESSION - START TIME — 7:58 P.M. RECONVENED INTO SPECIAL SESSION IN THE SVORE MUNICIPAL BUILDING BOARDROOM DUE TO EARLY VOTING 2. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. The Invocation was offered by Parks and Recreation Director Adams. The Pledges were led by Council Member Kurtz. 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. Johnny Thompson, 1415 E. Lancaster Avenue, Fort Worth, stated that he has been the newspaper carrier for the Trophy Club area for approximately four years. He discussed his concern regarding poor street lighting and requested that the Council possibly implement an ordinance that would require walkers and joggers to wear reflectors or some type of lighting. Additionally, he requested that the Town possibly install brighter street lights. 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 Minutes dated January 26, 2016. (Town Secretary Note: Approved as presented in the Town Council agenda packet). 4. Consider and take appropriate action regarding a resolution authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an Electric Supply Agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent of behalf of the Town to enter into a contract for electricity; authorizing the Mayor to execute an electric supply agreement for deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the Town's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda Items 3 and 4. Motion passed unanimously. SPECIAL SESSION Town Council Minutes February 23, 2016 Page 2 of 7 S. Consider and take appropriate action regarding design modifications of Trophy Club Town Hall; receive an update from GSBS and Steele & Freeman, Inc.; discussion of same. Tom Batenhorst, Principal with GSBS, presented the Trophy Club Town Hall update regarding cost reductions that were made at the January 26, 2016, Council meeting, as well as additional proposed cost reduction items. Lengthy discussion took place regarding the following: parking space reduction options; perimeter fencing; landscape lighting; rear patio flatwork; the canopy at the north elevation outside of the breakroom; further reduction of landscaping from the north side below the retaining wall and from the west side of the building; number of flag poles; brick veneer on the rotunda and on the north and east building elevations; and retaining wall material. Additional conversation took place regarding the following: flooring options in the public lobby; eliminating plumbing and fixtures in the private water closet; flooring in the server room and EOC/Training room; ceiling and wall options in the Council Chambers; brick in lieu of limestone in the public lobby; wall tile in locker rooms and restrooms; and landscaping at the south end of the building. Sam Jones, Landscape Architect with GSBS, advised that if item 42, related to the south landscape buffer, were accepted it would require a variance from the Town's Code of Ordinances. Discussion ensued about PVC piping in lieu of cast iron for below grade sanitary sewer lines; reducing the building size; and reviewing placing the ramping system inside the Council Chambers. Mayor Sanders received consensus from the Council to move forward with the following proposed changes with the understanding that items that were already listed in the accepted column would remain accepted unless specified below: • Accepted 5b — Option No. 2 at the southeast parking delete 14 head end parking spaces, 2,368 square feet of paving and replace with sod; • Rejected 8 —To provide 106 linear feet of 8' Lafayette fence in lieu of a 8' masonry; • Accepted 8c — Delete Police Department parking Lafayette fence, gate, mow strip and masonry screen wall; • Accepted 25b — Delete 149 linear feet of front concrete and limestone veneer retaining wall from the east end of the retaining wall; • Accepted 31 — Delete full access flooring at Server Room, EOC/Training 147 and provide 3 recessed raceways at 20'0" in length. Provide 2 power and data location in each conduit; • Accepted 32a — Remove stone veneer at Council 104 accent north wall. Wall to be painted gypsum. Delete wood wainscot paneling and trim at north, east, south and west elevations of both Council Chambers 103 and Council 104; • Accepted 33 — Provide brick in lieu of limestone at Public Lobby 101 north accent wall and replace brick with sheetrock making the total in the accepted column $8,887; • Accepted 35 — Delete new plants and shrubs at the south end of the building for a total of 8,113 square feet. Delete 2 ornamental and 8 canopy trees. Areas to be replace with sod (with a note to do later); and • Accepted 42 — South landscape buffer (code variance) reduce two planting areas south of parking lot, remove 8 trees, 188 shrubs, 97 shrubs, and replace with turf. Mayor Sanders received consensus to budget $100,000 from the drainage fund to be used towards drainage infrastructure. Mike Freeman, President with Steele & Freeman, commented that they will continue to be competitive and that there is potential for costs to go down further once bids are received. David Marsh, Vice President of Preconstruction with Steele & Freeman, Inc., and Nick Palluth, Associate with GSBS, were available to answer any questions. Town Council Minutes February 23, 2016 Page 3 of 7 RECESSED AT 10:02 P.M. FOR A BREAK RECONVENED AT 10:11 P.M. INTO SPECIAL SESSION 6. Consider and take appropriate action regarding a Resolution relating to the giving of Notice of Intention to issue Town of Trophy Club, Texas combination tax and revenue Certificates of Obligation, Series 2016; and providing an effective date. Andrew Friedman, Managing Director with SAMCO Capital Markets (the Town's Financial Advisor), was present to address any questions. Motion: Motion made by Council Member Kurtz, seconded by Council Member Reed, to approve Resolution No. 2016-04, relating to the giving of Notice of Intention to issue Town of Trophy Club, Texas combination tax and revenue Certificates of Obligation, Series 2016; and providing an effective date. Motion passed unanimously. 7. Consider and take appropriate action regarding a Concessionaire Agreement between the Town and Marshall Creek Ranch for the use of trails within Trophy Club Park for equestrian purposes; and authorizing the Mayor or his designee to execute all necessary documents. Motion: Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to approve a Concessionaire Agreement between the Town and Marshall Creek Ranch for the use of trails within Trophy Club Park for equestrian purposes; and authorizing the Mayor or his designee to execute all necessary documents. Council Member Rowe commented that he believed that the schedule of fees should be utilized as opposed to having an agreement in place because weather situations could negatively impact her business. Shandra Doran, 2228 Galloway Boulevard, Owner of Marshall Creek Ranch, stated that her business took a huge hit last year because of the weather. She advised that she initially had proposed that the Council consider entering into a Concessionaire's Agreement on September 8, 2015, because she would have to raise her prices if she had to pay the per horse fee. She requested that the Council approve a flat rate concessionaire's fee that she could afford, which would be approximately $500 to $600 a month. Council Member Shoffner commented that he was mainly concerned when large groups of riders, for example birthday parties, are on the trails because they have the most negative impact on the trail system. He was in favor that the $3 per horse entry rate be applied only to riders that she charged a pass through rate, which would exclude herself and her volunteers. Additionally, he advised that the fees collected could only be applied to mitigating Trophy Club Park, which would be of benefit to her business. Discussion ensued regarding that if her business had a bad year and she was being charged a flat rate, it could be to her disadvantage. Additional conversation took place that the $3 per horse entry rate for Marshall Creek Ranch would be based on their honor system for only paid riders. Parks and Recreation Director Adams advised that it could be of benefit to change the Concessionaire's Agreement to reflect the $3 per horse entry rate, excluding Marshall Creek Ranch volunteers, that way it would give him a way to differentiate between paid riders and their volunteers. Discussion took place that the fee being charged is an impact fee and should be handled through the established schedule of fees, and that Mrs. Doran will provide her monthly reports of paid riders. The vote was taken. Motion failed for lack of majority 2-5-0 with Council Members Parrow and Kurtz voting for, and Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, and Shoff ner voting against. Town Council Minutes February 23, 2016 Page 4 of 7 8. Consider and take appropriate action regarding soccer bleachers Harmony Park; discussion of same. Assistant Town Manager/CFO Glickman advised that currently there are eight sets of aluminum bleachers and eight sets of wood bleachers at Harmony Park. He stated that the Greater Northwest Soccer Association requested to have some time to notify their players that the bleachers will be removed so they will be prepared to bring their own chairs. Council Member Shoffner commented that he was in favor of eliminating the wood bleachers and allowing the Soccer Association to determine if they wanted to keep or move the aluminum bleachers. Council Member Reed spoke in favor of removing all bleachers in order to help maintain the parks. Motion: Motion made by Council Member Shoffner, seconded by Mayor Sanders, to remove all wood bleachers immediately and keep the aluminum bleachers allowing the Soccer Association to move them were needed. Motion carried 4-3-0 with Mayor Sanders and Council Members Rowe, Kurtz, and Shoffner voting for, and Mayor Pro Tem Lamont and Council Members Parrow and Reed voting against. 9. Consider and take appropriate action regarding Parks and Recreation Board recommendations for non-resident and business use fees at Town aquatic facilities and provide direction to staff regarding related ordinance amendments. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to instruct Staff to notify the general public that non-residents of Trophy Club and businesses located outside of Trophy Club will no longer be allowed to purchase memberships and/or daily entrance fees for the Trophy Club pool facilities, and to instruct Staff to bring back at the next Council meeting a financial report on the incoming expenses of the operation of the Town facilities to discuss the pool fees. Discussion took place to allow for a system for residents to be able to buy passes for their guests. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Council Member Reed, to remove the non- resident fee structure and maintain the current fee structure for residents and guests only. Town Manager Seidel advised that Staff is wrapping up the Summer programming brochure for recreational activities and requested guidance on how to inform the residents of the proposed changes to the community pool fees. Council Member Shoffner stated that the simplest way to communicate in the Town's brochure was to state that Trophy Club residents and their guests are allowed to use the pool only. Modified Motion to Amend: Council Member Shoffner and Council Member Reed agreed to modify the Motion to Amend to state: to remove the non-resident fee structure and maintain the current fee structure for residents and guests only, with the ability for residents to purchase daily passes for their guests. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Kurtz, seconded by Mayor Pro Tem Lamont, to allow five season passes with the purchase of a family pass. Motion passed unanimously. Town Council Minutes February 23, 2016 Page 5 of 7 The vote for the Motion to Amend as Amended was taken, to remove the non-resident fee structure and maintain the current fee structure for residents and guests only, with the ability for residents to purchase daily passes for their guests; and to allow five season passes with the purchase of a family pass. Motion passed unanimously. Mayor Pro Tem Lamont agreed to modify the Main Motion to state: to instruct Staff to notify the general public that non-residents of Trophy Club and businesses located outside of Trophy Club will no longer be allowed to purchase memberships and/or daily entrance fees for the Trophy Club pool facilities. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Council Member Rowe, that a family pass be provided to every board, commission, and corporation member in Trophy Club, including the Council. Motion passed unanimously. The vote for the Main Motion as Amended was taken, to instruct Staff to notify the general public that non- residents of Trophy Club and businesses located outside of Trophy Club will no longer be allowed to purchase memberships and/or daily entrance fees for the Trophy Club pool facilities; to remove the non-resident fee structure and maintain the current fee structure for residents and guests only, with the ability for residents to purchase daily passes for their guests; and to allow five season passes with the purchase of a family pass; and that a family pass be provided to every board, commission, and corporation member in Trophy Club, including the Council. Motion passed unanimously. 10. Consider and take appropriate action regarding proposed amendments to the Town Council Rules of Procedure and provide direction to staff regarding related ordinance amendments. A) Consider and take appropriate action regarding an Ordinance adopting various amendments to Division 2, "Meetings and Rules of Procedure" of Article 1.03, "Town Council" of Chapter 1, "General Provisions" of the Code of Ordinances of the Town of Trophy Club to make changes to the rules and procedures of the Town Council; and providing an effective date. Discussion took place to re-insert the previous Section 1.03.038, Parliamentary motions and precedence, and insert Council Member Shoffner's suggestions as guidelines where appropriate. Council Member Parrow provided suggestions where he felt the guidelines could be incorporated into Section 1.03.038, Parliamentary motions and precedence. Mayor Sanders requested that Council Member Farrow work with Staff to distribute the proposed changes to the Council and be placed on the March 8, 2016 Council agenda for consideration. Town Manager Seidel discussed the last sentence of subsection a, Agenda, of Section 1.03.035, Order of business, and inquired if an agenda item that was staff initiated be required to have the first initial and last name of that staff member. Council Member Rowe commented that it would be appropriate to just state that the item was from Staff. No action was taken on this item. 11. Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, February 15, 2016 Council Liaison - Council Member Philip Shaffner Provided update, no action taken, just discussion. Town Council Minutes February 23, 2016 Page 6 of 7 12. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Town Hall Groundbreaking *Early Voting for Primary Election *Senior Court Clerk Town Manager Seidel updated the Council and addressed questions, no action taken, update only. 13. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for March 8, 2016 meeting; and discussion of the Town Council Future Agenda Items 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. Mayor Sanders requested to add the following item to the Town Council Future Agenda Items list: Discussion of Trophy Club Park concept plan. ADJOURN Motion made by Council Member Kurtz, seconded by Council Member Rowe, to adjourn. Motion carried unanimously. Meeting adjourned at 11:44 p.m. - Holly Fimbres, T wn Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes February 23, 2016 Page 7 of 7