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Minutes TC 02/13/2018 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,FEBRUARY 13,2018,7:00 P.M. LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club,Texas, met in a Regular Session on Tuesday, February 13,2018.The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C.Nick Sanders Mayor Rhylan Rowe Mayor Pro Tern,Place 3 arrived at 7:34 p.m. Alicia L.Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 Tim Kurtz Council Member, Place 4 Greg Lamont Council Member,Place 5 Philip Shoffner Council Member,Place 6 arrived at 7:32 p.m. STAFF PRESENT: Tom Class Town Manager Amber Karkauskas Director of Finance David Dodd Town Attorney Mike Pastor Information Technology Manager Holly Fimbres Town Secretary/RMO Lisa Payne Town Planner Patrick Arata Police Chief Jonathan Phillips Director of Administrative Services Wade Carroll Fire Chief Tommy Uzee Director of Community Development April Duvall Chief Financial Analyst Steve Zieverink Information Technology Specialist Tony Jaramillo Director of Parks and Recreation Mayor Sanders announced the date of Tuesday, February 13, 2018, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Town Manager Class. The Pledges to the American Flag and Texas Flag were led by Council Member Jensen. 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. There were no citizen presentations. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class'update and provide input regarding the following(T.Class): • March 6,2018 Primary Election—Early voting begins on February 20th and ends March 2nd. The closest location for Denton County voters would be at the Denton County Southwest Courthouse and the closest location for Tarrant County voters would be at the Southlake Town Hall. Election Day voting would be conducted from 7 a.m. to 7 p.m. on March 6th with Denton County Democratic Party voters at Trophy Club Fire Station, Denton County Republican Party voters at the Svore Municipal Building, and Tarrant County voters at Fellowship Church Keller. • Back to Nature Event—In partnership with Keeping Trophy Club Wild,the event would be held on March 17th, from 11:00 a.m. to 2:00 p.m. at Trophy Club Park. The event will feature various reptile demonstrations,archery,horseback rides and more. • Staffing— Brian TenEyck was hired as the Recreation Superintendent and would begin on February 26th and applications were being accepted for the following positions:two Police Captains, Building Inspector; Permits Clerk; Landscape Maintenance;and various Summer positions. 2. Receive Town Council Liaison update;discussion of same(H.Fimbres): *Animal Shelter Advisory Board,January 16,2018 Council Liaison-Council Member Philip Shoffner Mayor Sanders advised that there was no update to provide. 3. Receive an update from Council Member Fleury regarding the Town's involvement to Kindness Awareness Month;discussion of same(Mayor Sanders). Council Member Fleury advised that February 12th through February 18th was national"Random Acts of Kindness Week" and that Trophy Club schools were challenged to perform 5,000 Random Acts of Kindness as part of the Campaign 4 Kindness. The Campaign was to help initiate a student-led,community-wide Campaign 4 Kindness,to include a Fun Run 4 Kindness through a coordinated partnership between Northwest Independent School District, Beck Elementary School, Lakeview Elementary School, Medlin Middle School, Byron Nelson High School,the Town of Trophy Club,Think Kindness, and Hope Kindness Community. Through this Campaign, students, their families and Town residents would be called to action to change their community and the world. She announced that the Fun Run 4 Kindness would be held on February 17, 2018 and that they were still collecting new or used sneakers that would be donated to orphanages in Africa. Additionally, she remarked that Brian Williams,founder of Think Kindness, had performed several school assemblies over the past couple of days and she displayed a brief video from two of the school assemblies. 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. 4. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated January 9, 2018(H.Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 5. Consider and take appropriate action regarding the Town Council Joint Session Minutes dated January 18, 2018(H.Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 6. Consider and take appropriate action regarding the Town Council Retreat Minutes dated January 27, 2018 (H.Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 7. Consider and take appropriate action regarding the financial and variance report dated October 2017 (A. Karkauskas). 8. Consider and take appropriate action regarding the financial and variance report dated November 2017(A. Karkauskas). 9. Consider and take appropriate action regarding the financial and variance report and First Quarter Financial Statement dated December 2017(A.Karkauskas). 10. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2017-2018 Budget of the Town of Trophy Club,Texas (Budget Amendment No. 2); providing for an amendment to appropriate funds related to changes in services and supplies, personnel and capital for various departments; and providing an effective date(A.Karkauskas). Town Council Minutes February 13,2018 Page 2 of 8 11. Consider and take appropriate action regarding an Ordinance amending subsection i, "Annual capital improvement and maintenance charge," of Section A1.014, "Water and wastewater fees for Public Improvement District No. 1,"within Appendix A,"Fee Schedule,"of the Trophy Club Code of Ordinances,to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing an effective date(A.Karkauskas). 12. Receive Annual Racial Profiling Report(P.Arata). 13. Consider and take appropriate action regarding a Joint Election Agreement between the Town of Trophy Club and Denton County Elections for administration of the Town's May 5, 2018 General and Special Elections;and authorize the Mayor or his designee to execute all necessary documents(H.Fimbres). 14. Consider and take appropriate action regarding a Requisition Request for procurement of a new Toro Reelmaster 3100-D Riding Lawn Mower between the Town of Trophy Club and Professional Turf Products L.P. for maintenance operations in the Parks Department, and authorizing the Mayor or his designee to execute all necessary documents(T.Jaramillo). Motion: Motion made by Council Member Lamont, seconded by Council Member Jensen, to approve the Consent Agenda Items 4 through 14. Motion passed unanimously 5-0-0. REGULAR SESSION 15. Consider and take appropriate action regarding a Proclamation naming Barry Mehaffey as an honorary K-9 Service Dog for the day on February 13,2018;and providing an effective date(Mayor Sanders). Susan Edstrom, Chairperson and Animal Welfare Representative of the Animal Shelter Advisory Board,stated that she came across Barry Mehaffey's story, a rescued dog through Urgent Animals of Fort Worth Rescue, and she decided to help the ailing dog by presenting him with a proclamation. She explained that it was discovered that Barry had cancer,which was deemed to be terminal, and his hospice family,the Mehaffey's,created a Bucket List to make his last days on earth memorable,one of which was to be named as an honorary K-9 Service Dog. Mrs. Mehaffey thanked the Council for their support and stated that several people have contacted them to show their encouragement for Barry,which has helped raise awareness for their cause. Mayor Sanders read the proclamation into the record. Motion: Motion made by Mayor Sanders, seconded by Council Member Jensen, to approve Proclamation No. 2018-03, naming Barry Mehaffey as an honorary K-9 Service Dog for the day;and providing an effective date of February 13, 2018. Motion passed unanimously 5-0-0. Mayor Sanders presented Barry with a badge and proclamation naming him as an honorary K-9 Service Dog for the entire day of February 13,2018. 16. Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2018(A. Karkauskas). Director of Finance Karkauskas introduced Emily Upshaw, Registered Investment Adviser with Valley View Consulting, LLC. She remarked that the cash balance year over year decreased due to normal budgeted operations, but the overall investment yield has increased from .08 percent last year to 1.30 percent, as of December 31,2017. This increase resulted in a 44 percent increase in the actual interest earnings as compared to last year. Staff was looking to invest into short-term securities so that they may reinvest in the current rising rate environment. Town Council Minutes February 13,2018 Page 3 of 8 Ms. Upshaw presented the First Quarter Investment Report, which included the following: Strategy Summary; Economic Overview; Investment Holdings; Portfolio Composition; Book Value Comparison; Market Value Comparison;and Allocation of Book Values and Market Values. Motion: Motion made by Council Member Lamont, seconded by Council Member Fleury, to approve the First Quarter Investment Report for Fiscal Year 2018. Council Member Jensen thanked Ms. Upshaw for the detailed presentation and recommended that future Quarter Investment Reports be placed on the Consent Agenda. The vote was taken. Motion passed unanimously 5-0-0. Mayor Sanders suggested placing each Quarter Investment Report on the Town's website after approval. (Town Secretary Note:Council Member Shoffner arrived) 17. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a General Election to be held on May 5, 2018 for the purpose of electing one(1) Councilmember to Place No. 3 and one(1)Councilmember to Place No.4 on the Trophy Club Town Council,each for a term of three(3)years;and providing an effective date(H.Fimbres). (Town Secretary Note:Mayor Pro Tem Rowe arrived) Motion: Motion made by Council Member Shoffner,seconded by Council Member Jensen,to approve Ordinance No.2018- 01, ordering and calling a General Election to be held on May 5, 2018 for the purpose of electing one (1) Councilmember to Place No. 3 and one (1) Councilmember to Place No. 4 on the Trophy Club Town Council, each for a term of three(3)years;and providing an effective date of February 13,2018. Motion passed unanimously 7-0-0. 18. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on May 5, 2018 for the purpose of holding a Continuation Referendum for the Trophy Club Crime Control and Prevention District and holding a Reauthorization Election for the sales tax for Street Maintenance;and providing an effective date(H.Fimbres). Town Secretary Fimbres advised that the continuation of the Trophy Club Texas Crime Control and Prevention District was proposed to be continued for five years and the reauthorization for the sales tax for Street Maintenance was proposed to be reauthorized for four years, both at the sales and use tax rate of one-fourth of one percent. Motion: Motion made by Mayor Sanders, seconded by Council Member Jensen, to approve Ordinance No. 2018-02, ordering and calling a Special Election to be held on May 5, 2018 for the purpose of holding a Continuation Referendum for the Trophy Club Crime Control and Prevention District and holding a Reauthorization Election for the sales tax for Street Maintenance;and providing an effective date of February 13,2018. Motion passed unanimously 7-0-0. 19. Discussion of and provide direction to Town Staff regarding amending Section 14.02.352, landscaping Regulations,of Division 7,Development and Design Standards,of Chapter 14,Zoning,of the Town of Trophy Club Code of Ordinances(Town Council). Town Planner Payne advised that a subsection had been added to Section 14.02.352(g), Requirements for residential districts,allowing artificial turf in rear yards if a grading plan proved that a drainage problem would not Town Council Minutes February 13,2018 Page 4 of 8 be resulted. In addition,it was noted that a fence was not required to install artificial turf because fences were not required by Code. The new language was specific to only allowing artificial turf between the rear facade of the dwelling and the rear property line,thus requiring front and side yards(even within a fence)to be live landscaping. In addition, Staff made revisions to the entirety of the landscaping regulations to update and clarify the requirements,as well as reword or remove portions that were irrelevant. Council Member Lamont inquired about installation restrictions for artificial turf. Director of Community Development Uzee responded that installation was an eight layer process that would begin with grading and end with drainage. He noted that commonly used artificial turf material was nylon or polypropylene. Council Member Shoffner remarked that he previously recommended following suit on how the State of California regulated artificial turf. He was in favor of Staff presenting a comprehensive product that included their recommendations for the Council to consider. The State of California provided their municipalities with a suggested ordinance that allowed for some amendments to be made. Most municipalities addressed issues of slopes,height of the grass,shades of color,and material style. Mayor Pro Tern Rowe supported Staff preparing the guidelines to present to the Council since Staff would be responsible for the implementation and enforcement of such guidelines. Mayor Sanders was in favor of establishing design specifications, such as requiring a grading plan and inspection, and addressing allowable shade colors. He commented that it may be of benefit to review some comparisons with other Texas municipalities. Council Member Shoffner mentioned that he performed research on this topic and there was limited information from other Texas municipalities,which was the reason he offered reviewing the State of California or the State of Arizona regulations. He remarked that drainage issues should be addressed within the guidelines in order to protect adjoining neighbors. Town Planner Payne inquired if the Council had a preference for the aesthetics, specifically if artificial turf was limited to the backyard or behind screened fencing. Council Member Kurtz was not in favor of stringent mandates in a resident's backyard, but he was in favor of addressing any drainage issues. Mayor Sanders received consensus from the Council to prepare an ordinance that allowed artificial turf in backyards,front yards,and side yards. 20. Tabled Agenda Item - Discussion of and take appropriate action regarding the proposed Loop Road (T. Class). Town Manager Class advised that he met with representatives from the Corps of Engineers on November 13, 2017 about the Loop Road project, specifically to determine if there had been any changes since the 2014 denial letter that the Town received and if there were any options to appeal that decision. He noted that the purpose of the 2001 Grapevine Lake Master Plan was to identify Environmentally Sensitive Areas(ESA)on all Corps property with the objective being to minimize the number of easements granted once the ESA's were established. As a result, the following restrictions were placed on subsequent easement requests which have had a negative impact on the viability of the proposed Loop Road: 1. Requests were only granted when no practical alternative exists. 2. The request must have the least identifiable environmental and visual impact. 3. The request must consider routing the easement to adjacent land outside the ESA when possible. Factors the Corps uses to determine a"demonstrated need"for easements in ESA's: 1. Whether there was adjacent private land outside the ESA that could be utilized for the easement(Trophy Club Country Club). If yes, chances were virtually none for approval according to the Corps representatives present. Town Council Minutes February 13,2018 Page 5 of 8 2. Whether the proposed roadway qualifies as a regional arterial (traverses multiple jurisdictions). If no, chances were virtually none for approval according to the Corps representatives present. 3. Whether there was a demonstrated "public safety" need. According to the Corps representatives present, public safety was not a significant factor in overriding the ESA designation especially when adjacent private land exists. The November 13, 2017 Corps meeting confirmed the following facts pertinent to the Loop Road, and the likelihood of a positive result in appealing the decision outlined in the rejection letter: 1. The Master Plan remains in effect and there have not been any changes to the ESA designation since 2014 that would be favorable to Trophy Club's request for consideration of the Loop Road. 2. Recent changes to the Clean Water Act and the definition of what constitutes Waters of the US(WOTUS) as identified in the 2017 Presidential Executive Order 13778,was not tied to the ESA designation granted Grapevine Lake,and were therefore not applicable to a review of the Loop Road proposal. Essentially,the prohibiting factor was the ESA designation and not whether Grapevine Lake or its tributaries were considered WOTUS. Should the Town decide to appeal the 2014 decision, the appeal process would start at the local Grapevine Lake office and work up the chain through the Regional office, Fort Worth office, National Corps office, and ultimately to the Department of the Army. The final decision rests with the Assistant Secretary of the Army for Civil Works, who was the only individual with the authority to override existing national policy as it relates to ESA designations, and potentially provide relief as it relates to the Loop Road. Following the November 13,2017 meeting,the Corps Grapevine Lake Manager acknowledged the impact to the resource was minimal and a possible exception could be made. Staff proposes the following options in determining the ultimate viability of the proposed Loop Road project: 1. Based on the Corps acknowledgement that the impact to the ESA was minimal and a possible exception could be made, submit an update of the Loop Road project with any changes the Town considered as a viable alternative,and request consideration. In the event the updated request was denied: 2. Engage with Trophy Club Country Club representatives and determine the viability of utilizing nearby Country Club property for the Loop Road. 3. Identify Local Council, State Senate and House, and/or Federal Congressional support for the Loop Road project. 4. Hire an environmentalist to conduct an independent Environmental Impact Study to support a potential appeal of the December 3,2014 decision. Based on the result, potentially: 5. Contract with TNP to conduct a cost analysis, place before the residents as a Loop Road Proposition, submit an appeal,or administratively close. Mayor Sanders believed that the Town had documentation of maps prior to 2000 that may be beneficial to submit if an appeal was filed. He supported engaging with representatives from the Trophy Club Country Club to determine if they would be developing their northern most property for a possible UNT golf team practice area. Council Member Jensen did not support the Loop Road unless it proved to be a safety enhancement by designation of a report provided by the Fire Chief and Police Chief. Mayor Pro Tem Rowe agreed that the safety aspect was critical. He was in favor of pursuing a path to place this item in front of the voters and allow them to decide if they desired to have the Loop Road constructed;therefore he supported pursuing the appeal process. Regarding the route of the Loop Road, he believed that anything further south would not be feasible since it would disrupt Hole Numbers 8,9,and 18,as well as their driving range. He believed that representatives from the Trophy Club Country Club should be contacted because a portion of the current proposed Loop Road would disrupt Hole Number 18 and he noted that the road should possibly go slightly further east. Council Member Lamont suggested creating a citizen advisory board to identify if there was any interest to pursue the road and the Council could consider what their tasks would be. Town Council Minutes February 13,2018 Page 6 of 8 Council Member Kurtz recommended that Staff focus on identifying if there was proof that there was a legitimate public safety need. Town Manager Class commented that the safety aspect was the third factor that the Corps used to determine a demonstrated need for an easement in ESA's. He advised that he has spoken with both chiefs and there was some evidence but it would be difficult to prove that the Loop Road would enhance to any great degree of the safety of the residents. Motion: Motion made by Council Member Shoffner,seconded by Council Member Jensen,to task the Town Manager with creating a report that addressed the public safety need for the Loop Road and bring the report back to the Council at a future meeting. Mayor Sanders remarked that he was interested in the increased capabilities that the Loop Road would offer specific to trip times, for example if a call came through for a location by Byron Nelson High School while an ambulance was on Indian Creek Drive. Council Member Shoffner commented that a factor that should be considered would be if Town assets were on the west side of Town and there was a high risk emergency at the Wastewater Treatment Plant because a quick response time would be crucial. He recommended Staff speak with representatives from the Trophy Club Municipal Utility District to determine what items would be potentially hazardous. The vote was taken. Motion passed unanimously 7-0-0. Council Member Lamont remarked that a prior Council had already spent the original allocated $2 million on the roundabout project and Indian Creek Drive project. Mayor Pro Tem Rowe commented that there were several residents who were in favor of proceeding with the Loop Road construction, especially since it was part of the Town's planning process over 30 years ago with the assumption that the Loop Road would be constructed. Council Member Shoffner reiterated that the Loop Road had been shown on Town maps for several years. He agreed that it was incumbent for the Council to review the safety aspect since it was part of the Corps criteria. Discussion took place regarding potential obstacles that would have to be overcome such as funding and the fact that it would take several years before a ballot proposition was presented to the residents. 21. Discussion of items for Future Agendas to include agenda items for consideration on the February 27,2018 Council agenda and items from the Town Council Future Agenda Items list(H.Fimbres). 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 Jensen requested to add an item to the February 27, 2018 Council agenda regarding the 2018 Council meeting schedule specific to only holding one meeting during the months of March, July, November and December. Additionally, this would be an item that he would like to consider at each Council Retreat. Council Member Kurtz supported the item to be added to the agenda. Town Council Minutes February 13,2018 Page 7 of 8 Mayor Sanders requested to add an item to an upcoming Council agenda regarding receiving a presentation on the PD 30 elevation drawings. Additionally, he requested to remove Item No.3 from the Town Council Future Agenda Items list, Discussion of and take appropriate action regarding the Veterans Memorial. (Jensen 8/22/2017) (1- January 27,2018). ADJOURN Mayor Sanders adjourned the meeting at 8:31 p.m. Ilk f r D`— p Holly Fimbres Town Secretary J,. C.Nick Sanders,Mayor Town of Trophy Club,Texas O Town of Trophy Club,Texas IL_ c k* Arok‘ 03\174,�'qRY 1,0 Town Council Minutes February 13,2018 Page 8 of 8