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Minutes TC 04/12/2016MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, April 12, 2016 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, April 12, 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 April Reiling PIO/Marketing Manager Tom Rutledge Town Engineer Mayor Sanders announced the date of Tuesday, April 12, 2016, 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. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Item No. 9; Item No. 10; Item No. 11; Item No. 12; Item No. 13; Item No. 15; Item No. 16; Item No. 14; Item No. 17; Item No. 18; Item No. 19; Item No. 20; Item No. 21; Executive Session; and Item No. 23) 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. Neil Twomey, 203 Oakmont Drive, addressed the Council regarding a request from Bill Rose for the Town to join a Rate Order appeal filed with the Texas Public Utility Commission (PUC) that was discussed at the October 13, 2015, Council meeting. He requested that the Council reject Mr. Rose's request because he believed that it lacked merit and could be financially detrimental to the Town residents. Susan Edstrom, 269 Oak Hill Drive, spoke about the withdrawal of application from Keep Trophy Club Wild (KTCW) for the Community Garden that was proposed to be near the dog park. She believed that some of the items that were requested of KTCW would have been difficult to accomplish. She was disappointed that KTCW was seeking another location outside the Town and she desired that they be contacted to remain in Town because the garden would be of benefit to the Town residents. ANNOUNCEMENTS AND REPORTS 1. Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff). *May 24, 2016 Council meeting *Mosquito Management Kickoff *Early Voting Dates *Events Update Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. 2. Town Council Liaison Updates; discussion of same (Staff). *Economic Development Corporation 413, April 4, 2016 Council Liaison - Council Member Rhylan Rowe Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. 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 March 8, 2016 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet) 4. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and the Tarrant County Elections Administrator for administration of the Town's May 7, 2016 General and Special Election; authorizing the payment of fees; and authorizing the Mayor or his designee to execute all necessary documents (Staff). S. Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2016 (Staff). 6. Consider and take appropriate action regarding a Resolution with Texas CLASS Investment Pool allowing the Town to invest its funds with Texas CLASS; and providing an effective date (Staff). 7. Consider and take appropriate action regarding a Proclamation proclaiming May 7, 2016 as Arbor Day in Trophy Club; and providing an effective date (Staff). 8. Consider and take appropriate action regarding an Ordinance amending the Town of Trophy Club Code of Ordinances by adding Supplement No. 1 to the existing Code of Ordinances; providing a penalty ranging from $1.00 to $2,000.00 for each offence and a separate offense shall be deemed committed each day during or on which a violation occurs or continues; and providing an effective date (Staff). Town Council Minutes April 12, 2016 Page 2 of 10 Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to approve the Consent Agenda Items 3 through 8. Motion passed unanimously. REGULAR SESSION 9. Consider and take appropriate action regarding a Proclamation proclaiming April 2016 as National Child Abuse Prevention Month in Trophy Club; and providing an effective date (Staff). Council Member Farrow read the proclamation into the record. Motion: Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No. 2016-04, proclaiming April 2016 as National Child Abuse Prevention Month in Trophy Club; and providing an effective date of April 12, 2016. Motion passed unanimously. Ida Cover, Board Member with Children's Advocacy Center for Denton County (CACDC), advised that CACDC's mission is to provide justice and healing for abused children through interagency collaboration and community education. Additionally, she provided statistics regarding child abuse and thanked the Mayor, Council, Police Chief, and Police Department for their ongoing support. 10. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-26 to make an appointment to the Planning and Zoning Commission to fill the remainder of an unexpired term, reaffirming existing appointments, and providing an effective date (Staff). Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Resolution No. 2016-09, repealing Resolution No. 2015-26 and appointing Michael Pipkins to fill the remainder of an unexpired term on the Planning and Zoning Commission, reaffirming existing appointments, and providing an effective date of April 12, 2016. Motion passed unanimously. Michael Pipkins was present to address any questions. 11. Consider and take appropriate action regarding an Ordinance providing for the Issuance of Town of Trophy Club, Texas, General Obligation Bonds, Series 2016 in the approximate aggregate principal amount of $5,400,000; awarding the sale thereof; levying a tax in payment thereof; awarding the sale of the Bonds; authorizing the execution and delivery of a Paying Agent/Registrar Agreement approving the Official Statement; and enacting provisions incident and relating to the subject and purposes of the Ordinance (Staff). Motion: Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance No. 2016-14, providing for the Issuance of Town of Trophy Club, Texas, General Obligation Bonds, Series 2016 in the approximate aggregate principal amount of $5,400,000; awarding the sale thereof; levying a tax in payment thereof; awarding the sale of the Bonds; authorizing the execution and delivery of a Paying Agent/Registrar Agreement approving the Official Statement; and enacting provisions incident and relating to the subject and purposes of the Ordinance, as presented at the dais. Andrew Friedman, Managing Director with SAMCO Capital Markets, provided an update for Agenda Item No. 11 and Agenda Item No. 12 and advised that they received bids today for the Bonds and Certificates of Obligation. He announced that the lowest bid for the Bonds was submitted by Raymond James and Associates in Dallas with a Town Council Minutes April 12, 2016 Page 3 of 10 true interest cost of 2.14 percent, and the lowest bid for the Certificates of Obligation was submitted by Raymond James and Associates in Dallas with a true interest cost of 2.18 percent. Town Manager Seidel announced that the issuance for the Bonds and Certificates of Obligation will save the Town over $1 million in costs that the Town had anticipated paying for the issuance of debt. Mayor Sanders thanked Mr. Friedman, Bond Counsel Julie Partain, with Bracewell, LLP, and Financial Advisor Mark McLiney, with SAMCO Capital Markets, for their success in saving additional funds for the Town. The vote was taken. Motion passed unanimously. 12. Consider and take appropriate action regarding an Ordinance authorizing the Issuance of Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2016 in the approximate aggregate principal amount of $4,400,000; levying a tax, and providing for the security for and payment of said Certificates; awarding the sale of the Certificates; authorizing the execution and delivery of a Paying Agent Agreement; approving the Official Statement; enacting other provisions relating to the subject; and declaring an effective date (Staff). Motion: Motion made by Council Member Reed, seconded by Council Member Shoffner, to approve Ordinance No. 2016- 15, authorizing the Issuance of Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2016 in the approximate aggregate principal amount of $4,400,000; levying a tax, and providing for the security for and payment of said Certificates; awarding the sale of the Certificates; authorizing the execution and delivery of a Paying Agent Agreement; approving the Official Statement; enacting other provisions relating to the subject; and declaring an effective date, as presented at the dais. Motion passed unanimously. 13. Consider and take appropriate action regarding design elements of Trophy Club Town Hall; discussion of same (Staff). Tom Batenhorst, Principal with GSBS, provided the Trophy Club Town Hall update regarding recommendations for interior finishes and brick options. Nick Palluth, Associate with GSBS, stated that the Mayor and Staff helped reduce the selections and that the Police Department will incorporate blue into some of their interior finishes and that on the Town Hall side neutrals will be incorporated into the interior finishes, including in the Council Chambers and Rotunda area. Mayor Sanders advised that this item was geared to be an update, specific to options that have been selected. Council Member Rowe requested to have dark grout where tile would be placed Mayor Sanders received consensus from the Council to move forward with Option B from the brick samples that reflected a dark and light brick combination. 14. Consider and take appropriate action regarding the award or rejection of bids for soccer field improvement at Lakeview Elementary School; authorizing the Mayor or his designee to execute all necessary documents (Staff). Town Engineer Rutledge stated that the Town received four bids for the project with the lowest bid from Greenscaping. He advised that prices are continuing to increase each week and a solution to reduce the price to the original 2014 estimate amount of $200,000 was to reduce the amount of top soil being applied by one-half of an inch. He stated that an issue with Lakeview is the poor condition of the existing soil and the almost complete Town Council Minutes April 12, 2016 Page 4 of 10 absence of any organic material within the ground. Discussion took place regarding the Additive Alternate Bid items specific to the second irrigation system, which would allow for a separate tap, and the temporary construction fencing, which would assist in establishing the sod by keeping the public off the fields. Additional discussion ensued specific to Lakeview being heavily used each week and the impact that playing soccer has on the fields. Council Member Rowe reiterated the importance of mastering the art of maintaining soil quality. Motion: Motion made by Mayor Sanders, seconded by Council Member Shoffner, to award the bid to Greenscaping for soccer field improvement at Lakeview Elementary School; authorizing the Mayor or his designee to execute all necessary documents, including Additive Alternate Bid B-2, 4" Topsoil (Soil Bldg. Systems "Organic Growers Mix') bringing the total to $262,187.70. Mayor Sanders was concerned about going over budget but he did not want to diminish the long term soil quality of the fields. He was in favor of approaching Northwest Independent School District for possibly reimbursing the Town turf or water. Council Member Shoffner believed that it was important to create a program to establish mechanisms to protect and maintain the Town's fields. Council Member Rowe spoke against the motion and was in favor of proceeding with the base bid to coincide with the 2014 budgeted amount of $200,000. Kevin Callahan, 309 Lakewood Drive, stated that he has been coaching for over a year and that the fields are in shortage, which causes them to hold games on the same fields that they practice on. He believed that the fields should be of the best quality in order to make them last. The vote was taken. Motion carried 5-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Kurtz and Shoffner voting for, and Council Members Reed and Rowe voting against. RECESSED AT 9:18 P.M. FOR A BREAK RECONVENED AT 9:27 P.M. INTO REGULAR SESSION 15. Consider and take appropriate action regarding holding an educational seminar on coyote awareness; receive an update from Susan Edstrom and the ACO; discussion of same (G. Reed). Susan Edstrom, Chair of the Animal Shelter Advisory Board, provided an update regarding anti -tethering and chickens. She requested that the Town amend the ordinance to be stricter than State law and require that the owner must be present if a dog is tethered. She asked that the Town adopt an adoption fee and that electronic access for the dog park be considered for fiscal year 2017. She advised that a Coyote Awareness Forum will be hosted by 911 Wildlife LLC, and she requested to hold the forum in the Council Chambers in order for it to be videotaped. Additionally, she provided statistics for the Animal Control/Police Department Intakes during the first quarter of 2016. No action was taken on this item. Town Council Minutes April 12, 2016 Page 5 of 10 16. Consider and provide direction to Town Staff regarding proposed amendments to the Animal Control Ordinance for keeping of fowl, tethering of dogs, and related matters (Staff). Mayor Pro Tem Lamont and Council Member Shoffner were in favor of Option No. 2 to prohibit fowl. Council Member Rowe was not in favor of either option and he preferred to utilize the nuisance ordinance that is already in place to prevent nuisances from being introduced. Mayor Sanders was in favor of Option No. 1 to allow fowl with limitations and implement the nuisance ordinance if adjacent neighbors were to complain. Council Member Reed was in favor of Option No. 1 to allow fowl but to enforce a one strike policy if a complaint was received. Council Member Kurtz was in favor of Option No. 1 to allow fowl as long as it does not affect the quality of life of a neighbor. Council Member Shoffner was in favor of implementing the nuisance ordinance but pointed out that it would be difficult to enforce certain regulations such as smell because one individual's opinion differs from others. Mrs. Edstrom stated that the frustration is that there are not enough guidelines within the nuisance ordinance to enforce it. Her recommendation was to enforce clipping the chickens' wings through Option No. 1. Mayor Sanders received consensus from the Council to procedure with preparing an Ordinance with Option 1 to allow fowl with restrictions. Mayor Pro Tem Lamont was in favor of anti -tethering. Discussion took place that pet owners should not be penalized for having their dog with them in the front yard and the owner temporarily leaving them outside while taking a phone call or bathroom break. Town Attorney Adams advised that an at -large animal would be an animal that is not secured on a leash so that the animal will remain upon the premise. She suggested possibly implementing a time mechanism that an animal could be left unattended. Mayor Sanders suggested that Mrs. Edstrom work with Staff to come up with solutions to deal with tethering. Mayor Sanders received consensus from the Council to place the Fowl ordinance on the April 26, 2016, Council agenda and allow the tethering option to be brought back before Council at a later meeting. 17. Consider and take appropriate action regarding Harmony Park parking lot and Independence Park West parking lot adjacent to the Veterans Memorial; receive a presentation from Teague Nall & Perkins; discussion of same (Staff). Town Engineer Rutledge presented the parking lot improvements at the Veteran's Memorial and Harmony Park update. He displayed the proposed Veterans Memorial parking lot that had 32 parking spaces and 7 golf cart parking spaces with an estimated construction cost of approximately $202,000. He explained that bringing the parking lot sidewalk to the Veterans sidewalk would not meet the requirements of the Americans with Disabilities Act because the slope is steeper than what is allowed. Council Member Shoffner believed that additional parking spaces should be added because that area of Town is under parked. He suggested that the golf cart parking be placed in the grass area closer to the park; shift the parking lot closer to the Memorial to get more space; shrink the center area; and have direct access to the Memorial. Mayor Sanders and Council Members Reed and Rowe were in favor of Council Member Shoffner's suggestions. Town Council Minutes April 12, 2016 Page 6 of 10 Mayor Sanders received consensus from the Council to make the parking lot larger and have the golf cart parking separate. Town Engineer Rutledge discussed possibly using smart lighting, where the lights brighten when there is activity present. He proceeded with displaying the proposed Harmony Park parking lot that had 26 parking spaces and 7 golf cart parking spaces. Mayor Sanders recommended installing some trees to create a buffer for the resident to the north and the future residents to the south of the parking lot. Council Member Reed suggested increasing the amount of parking spaces by moving the golf cart parking by the blue pavilion and by the basketball courts, with either two or three spaces per location. Council Member Shoffner recommended putting the golf cart parking in the grassy area behind or near where the storage sheds are located now. Mayor Sanders received consensus from the Council to increase the number of parking spaces by moving the golf cart parking. 18. Receive an update from Town Staff regarding Capital Projects that were discussed at the Council Retreat in January 2016; discussion of same (Staff). Assistant Town Manager/CFO Glickman provided an update regarding the Capital Projects that were discussed at the Council Retreat, which were listed in order of the perceived importance and the fiscal year that they would be performed in. Additionally, he briefly went over the unfunded projects. Council Member Rowe recommended moving the adding of the aerating fountain on amenity Pond No. 2 to the unfunded projects with pier on Pond No. 2; moving up the replacement of chain-link fence at Harmony Park with wrought iron and add wrought iron fence along the creek line at Lake View Park; and moving up adding a shade structure to the Indy Park West playground and on the splash pad decking at the Aquatics facility. Discussion took place that the sand volleyball was moved to grass and will be performed through the Town's operating budget. Council Member Shoffner suggested moving up the installing of four scoreboards at Indy Park West for baseball. No action was taken on this item. 19. Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report (PAFR) (Staff). Motion: Motion made by Mayor Sanders, seconded by Council Member Shoffner, to accept the Popular Annual Financial Report (PAFR). Assistant Town Manager/CFO Glickman thanked PIO/Marketing Manager April Reiling, Town Controller Amber Karkauskas, Chief Financial Analyst April Ezell, and Strategic Services Coordinator John Zagurski for their assistance preparing the PAFR, which is mailed to residents. Council Member Shoffner recommended adding "Did you know" sections. Mayor Sanders suggested including a message from the Town Manager that lists Town accomplishments. Town Council Minutes April 12, 2016 Page 7 of 10 The vote was taken. Motion passed unanimously. 20. Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (23) of Section 1.08.061, "Park property generally; prohibited acts" of Division 3, "Park Regulations", of Article 1.08, "Parks and Recreation" of Chapter 1, "General Provisions" of the Town of Trophy Club Code of Ordinances to allow a change in park hours; providing a penalty not to exceed the sum of five hundred dollars ($500.00) for each offense; and providing an effective date (N. Sanders and G. Reed). Discussion took place that lit areas close at 10 p.m. and unlit areas close at dusk, and that the lights are on timers and are not allowed to be turned on after 10 p.m. Additional discussion ensued regarding Trophy Club Park being open from dawn to dusk and that it is not within corporate Town limits and is except from the normal park closure times. Parks and Recreation Director Adams pointed out that the basketball courts are not defined as lit areas except from the normal park closure times. Council Member Rowe recommended moving forward with the proposed ordinance as presented for the benefit of clarity for the users. Motion: Motion made by Council Member Rowe, seconded by Council Member Shaffner, to approve Ordinance No. 2016- 16, amending Subsection (23) of Section 1.08.061, "Park property generally; prohibited acts" of Division 3, "Park Regulations", of Article 1.08, "Parks and Recreation" of Chapter 1, "General Provisions" of the Town of Trophy Club Code of Ordinances to allow a change in park hours; providing a penalty not to exceed the sum of five hundred dollars ($500.00) for each offense; and providing an effective date of April 12, 2016. Motion passed unanimously. 21. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for April 26, 2016 meeting; and discussion of the Town Council Future Agenda Items list (Staff). 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. Council Member Rowe requested to add the following item to the Town Council Future Agenda Items list: Detail review of the nuisance ordinance. Mayor Pro Tem Lamont requested to add the following item to the Town Council Future Agenda Items list: Review of transferring the Code Enforcement Officer and the duties of the position to the Police Department. Council Member Parrow requested to add the following item to the Town Council Future Agenda Items list: Discussion of adding five obelisks to the approved Veterans Memorial based on veteran input for the five branches to be identified. After discussion, Council agreed not to add the above item to the Town Council Future Agenda Items list and instead have Council Member Parrow work with Staff to bring back the five obelisks as alternate bids. Council Member Rowe requested to remove Item No. 7 from the Town Council Future Agenda Items list: Discussion to change park hours to stay open until 10 p.m. and clearly note change on new signage. (Reed 1/12/2016) (1 -April 12, 2016) Town Council Minutes April 12, 2016 Page 8 of 10 Discussion took place that Staff will begin working on a proposed policy regarding Item No. 5, Establish a reserve policy for Trophy Club Park, from the Town Council Future Agenda Items list. Town Manager Seidel advised that RFQ's have been received and that Item No. 1, Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat, from the Town Council Future Agenda Items list, will be presented to the Council in the near future. EXECUTIVE SESSION 22. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A) To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. Town Secretary/RMO, Holly Fimbres 2. Town Manager, Stephen Seidel CONVENED INTO EXECUTIVE SESSION - START TIME —10:24 P.M. RECONVENED INTO REGULAR SESSION - START TIME —12:56 A.M. RECONVENED INTO REGULAR SESSION 23. Consider and take appropriate action regarding the Executive Session. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to place the following objectives into the review for Holly Fimbres: to develop a process pertaining to notification for board applicants throughout the application process and for public notification of board appointments after being made. Additionally, to place the following objectives into the review for Stephen Seidel: 1) to develop a process pertaining to notification for board applicants throughout the application process and for public notification of board appointments after being made; 2) within 90 days provide a report to Council with a plan for organizational change or improvements as he sees them over the next 12 months; 3) to propose a way to leverage subject matter experts on Council to mentor staff at the Town Manager's discretion; 4) provide a plan to Council on how the Town will manage hiring processes such that the general population is leverage for filling positions that do not require municipal -specific certifications or prior municipal experience. Motion passed unanimously. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to authorize the Mayor to sign amendments to the employment contracts of Stephen Seidel and Holly Fimbres adjusting their base compensation. Council Member Shoffner commented that he was pleased with Town Secretary Fimbres and Town Manager Seidel. He believed that Mrs. Fimbres has accomplished what the Council has requested of her and that she works well with the community. He stated that Mr. Seidel has brought Staff and the Organization to the next level and that he is a huge asset to the Town with his leadership skills. Mayor Pro Tem Lamont commented that their communication, integrity, and professionalism are above par. The vote was taken. Town Council Minutes April 12, 2016 Page 9 of 10 Motion passed unanimously. ADJOURN Mayor Sanders adjourned the meeting at 1:02 a.m. Holly Fimbr ,1, Town Secretary/R Town of Trophy Club, Texas �" R f C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Minutes April 12, 2016 Page 10 of 10