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Minutes TC 06/23/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, June 23, 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, June 23, 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 Parrow 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, June 23, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges were led by Council Member Shoffner. 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. 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. Town Council Minutes June 23, 2015 Page 1 of 41 1. Consider and take appropriate action regarding the Minutes dated May 26, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 2. Consider and take appropriate action regarding the Minutes dated June 1, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding financial and variance report dated May 2015. 4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and TCMUD No.1 to participate in the Town's July 4th community event; and authorizing the Mayor or his designees to execute all necessary documents. Mayor Pro Tem Lamont requested to remove Item No. 4 from the Consent Agenda. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 1 through 3. Motion passed unanimously. REGULAR SESSION 4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and TCMUD No.1 to participate in the Town's July 4th community event; and authorizing the Mayor or his designees to execute all necessary documents. Attachment A — Partially Executed - Interlocal Cooperation Agreement for July 4`h Community Event Mayor Pro Tem Lamont stated that he believes that this is a Town event and should be kept within the Town. Motion: Motion made by Council Member Shaffner, seconded by Council Member Kurtz, to approve the Interlocal Agreement with the following change on page 2, under Obligations, after "Fun Run T -Shirts", add "invite all MUD Directors to participate in the Parade of Patriots". From the Interlocal Cooperation Agreement for July 4`h Community Event between the Town and TCMUD No. 1 II. OBLIGATIONS TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before July 16, 2015 as the DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment, TOWN shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T -Shirts, shall provide and display a 46 banner with DISTRICT's logo carried by volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 46 banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage. Amendment according to the motion: II. OBLIGATIONS TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before July 16, 2015 as the DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment, TOWN shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T -Shirts, invite all MUD Directors to Town Council Minutes June 23, 2015 Page 2 of 41 participate in the Parade of Patriots, shall provide and display a 46 banner with DISTRICT's logo carried by volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 46 banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage. Town Attorney Adams advised that it should be District Directors instead of MUD Directors in order to stay consistent with the terminology within the agreement. Council Members Shoffner and Kurtz agreed with the modification. Motion to Amend: Motion to Amend made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to remove "for all of the residents of the Town and District" within the third Whereas, so that it reads "Whereas, Town annually hosts an event to celebrate the 4`h of JUly". Mayor Pro Tem Lamont commented that the Town has other abilities to provide payment for this event other than narrowing costs down to the residents based on the sixth Whereas that references that all costs associated will be paid from current revenues legally available to each party. Town Attorney Adams commented that it seemed to be significant to the TCMUD No.1 when drafting this agreement that the community event component be emphasized, and she suggested possibly expanding community events elsewhere. Mayor Pro Tem Lamont stated that his intent was not to get into a legal situation where the Town cannot transfer funds to pay for certain facilities such as tents and portable toilets. Town Manager Seidel stated that this is for the sponsorship of fireworks and the fireworks are paid through the general fund. The vote was taken for the Motion to Amend. 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 Shoffner voting against. Council Member Reed commented that he would like to have a discussion on this item next year during the budget process. The vote was taken for the Main Motion as Modified. Motion passed unanimously. 5. Consider and take appropriate action regarding funding options for the Joint Police and Town Hall Facility. Assistant Town Manager/CFO Glickman provided the Town Hall and Police Station Funding Options and Crime Control and Prevention District (CCPD) presentation which included: Current Plan; The Goal; Options; Option No. 1; Option No. 2; Option No. 3; Option No. 4; Notes Regarding CCPD; and Decision Points. Discussion took place regarding possibilities of using the CCPD budget and implementing an Interlocal Agreement (ILA). Council Member Rowe stated that he believes the Council was elected by the voters to make financial decisions, and that there should be an understanding of common goals between who they appoint to CCPD and the Council. Mayor Sanders commented that out of Option No. 2 verses Option No. 3, Option No. 3 appears to be the better option. He added that Option No. 4 would save the most funds and it rolls the street Capital Improvement Projects (CIP) into the Certificate of Obligation (CO). Town Council Minutes June 23, 2015 Page 3 of 41 Discussion took place regarding approximate cost per year that would come out of the CCPD budget if Option No. 4 was chosen, and that there would be an ability to pay more on the CO to help with the General Obligation (GO) Bond with Option 4. Council Member Reed spoke in favor of Option No. 2, and stated that the most important factor is building a new facility for the Police Department. He believed that the Council should shift as much as possible to CCPD to help offset the amount on the November Bond Election. Town Manager Seidel asked if the CCPD were in favor of the option, would the Council consider, over next few years, using additional sales tax for additional programs or other items to help offset the CCPD budget. Council Member Reed stated that if the CCPD satisfies their debt service, they could use the remainder of the funds for their needs. Council Member Kurtz commented that the last Bond Election did not pass because of the overall amount of the Bond. He believed that Council should continue to use every opportunity to get the amount down. Mayor Pro Tem Lamont commented that the main reason when the citizens voted to move the sales tax from the Parks to the CCPD was to fund the new facility. Council Member Parrow stated that he believed Option No. 2 would be great if the Town had an ILA in place prior to calling the election, but if there is not an agreement then he would concerned. He added that Option No. 4 is the recommended avenue to take because it has financial savings and increases debt capacity for additional projects, and continues funding for the CCPD. He stated that he would rather go with Option No. 4 if an ILA is in place before calling the election. Police Chief Arata commented that it has been a key component of the CCPD to fund the new facility and Option No. 4 would allow funding for CCPD equipment. Council Member Reed stated that he feels Option No. 2 is the cleaner version because CCPD would issue, fund, and be responsible for the debt. Council Member Rowe commented that he believes that they can achieve that principle with Option No. 4, and that he agrees with wrapping in funding needed for street CIP projects. Council Member Reed stated that he can support Option No. 4 because everyone has the same end goal. Ted Powell, 12 Reading Court, stated that he was on point with Option No. 2, and educating the citizens and what it means on the Bond, but now that he was looking at Option No. 4 with ILA, he believes that is a good option. He believed that the bond should pass if this is presented to the citizens in the right way. Susan Edstrom, 2690 Oak Hill Drive, stated that she supports Option No. 4, and that there will need to be a strong Bond Committee formed in order to drive the message to the citizens. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to direct Town Staff to pursue Option No. 4 as presented for the Police Facility funding and CCPD funds. Discussion took place regarding that the CO would be in the amount of $1.75 to $2 million, which was included in Option No. 4. Town Council Minutes June 23, 2015 Page 4 of 41 Assistant Town Manager/CFO Glickman stated that the CCPD has a meeting on July 8, 2015, to consider adoption of their Fiscal Year 2016 budget and that the Option that the Council approves would be presented to the CCPD Board. The vote was taken. Motion passed unanimously. 6. Receive public input regarding the Police and Town Hall facility; discussion of same. Susan Edstrom, 2690 Oak Hill Drive, stated that she supports the Town Hall and Police facility, but the Animal Shelter is one component missing with no clear resolution. She went over future state ideal requirements that she presented before Council in December 2014, which included: Temperature controlled environment; Three to five kennels, flooring that would be conducive to easy cleaning and drainage; Small outdoor dog run; Tub to wash animals; Washer and Dryer; Mechanical hose access; and Access from outside the building. She believed the Animal Shelter should be in close proximity to the Police Department and asked that the Council consider future planning of Town facilities over the next 20 to 30 years in order to avoid not having enough space. Council member Parrow asked how many pets and animals have been brought into the existing facility and held there in the course of a year. Mrs. Edstrom stated that she can get updated numbers from her presentation that she provided in December 2014. She advised that she has been trying to track the number of animals that she picks up and that she works with residents to reunite them with their animal without involving the Animal Control Officer (ACO), which she reports to the non -emergency line. She stated that she would combine her numbers with the Town's and send them to the Council. Mayor Sanders commented that the Council has not decided how some acreage is going to be utilized, but will look at other aspects for areas of land that was purchased by the Town. Town Manager Seidel stated that Tom Batenhorst, GSBS Principal, will provide an update at the July 14, 2015, Council meeting. No action was taken on this item. 7. Receive an update regarding the July 4th community event; discussion of same. Parks and Recreation Director Adams provided the July 4 I community event update which included: Activities; Patriot 5K Route; Parade of Patriots Route; Parking Options; Emergency Command; and an aerial exhibit of the fireworks launch location, safety perimeter, and audience location. Council Member Shoffner asked to consider having the music that plays with the fireworks display available through a simulcast low range broadcast for next year. Council Member Reed asked that the option be looked at for future 4 I of July events. Town Manager Seidel acknowledged Northwest Independent School District (NISD) and Byron Nelson High School for allowing the Town to utilize their campus for the fireworks. He commented that Police Chief Arata and Fire Chief Thomas have been working diligently to ensure security and emergency medical services are available during the event. No action was taken on this item. Town Council Minutes June 23, 2015 Page 5 of 41 RECESSED AT 8:30 P.M. FOR A BREAK RECONVENED AT 8:40 P.M. INTO REGULAR SESSION 8. Receive an update from Susan Edstrom with the Animal Shelter Advisory Board regarding the animal ordinance. Attachment B — Animal Shelter Board Ordinance Update Presentation Mrs. Edstrom, with the Animal Shelter Advisory Board, provided the Animal Shelter Advisory Board ordinance update presentation, which included: Shelter Board Request; Ordinance Review; Discussed Requirements if Allowed to Move Forward; Plan for Grandfathering if backyard chickens are prohibited; Pending Action Item; Other items under Consideration; and Next Steps. Council Member Rowe thanked Mrs. Edstrom for her presentation. Discussion took place that currently there are approximately 25 to 30 chickens in the Town and regarding the Health Control requirements for selling of eggs. Council Member Parrow stated that he viewed a Food and Drug Administration (FDA) report that was published by Discovery on homegrown chickens and issues with environmental controls. Mrs. Edstrom asked him to share that publication with her and stated that she would try to incorporate rules to prevent those concerns. Council Member Shoff ner commented that a grandfather provision would be difficult to enforce. Mrs. Edstrom stated that it would require communication with the residents through the Towns social media. Discussion took place regarding proposed signage for a resident that has a guard dog. Council Member Shoffner commented that he would like to see a section in the ordinance that residents are allowed to use their own traps to capture animals because there is a limited amount of traps that the Town has, which creates a waiting period. He added that there could be a fee involved if the ACO has to remove an animal from a trap. Mrs. Edstrom commented that there could be a possibility to provide the specifics for the required type of traps that can be used. Additionally, she asked for direction from the Council how to proceed with the ordinance. Council Member Shoff ner stated that he would like them to come back with two or three options with the survey results, and then the Council could make a decision before sending the ordinance to the Town Attorney. Council Member Parrow commented that based on the initial survey results, it seemed that there were a large number of residents who were opposed to chickens and that he would like to see more data. Council Member Rowe commented that he was in favor of allowing the ordinance with regulations, and that he would like to simplify the process and be reasonable for enforcement. Council Member Reed stated that he would like to see a couple of options presented to the Council, and to make it simple if there are going to be regulations in place. Council Member Kurtz stated that he would like there to be a large setback requirement in order to be considerate of adjacent neighbors. Town Council Minutes June 23, 2015 Page 6 of 41 Council Member Shoffner commented that he believes the chickens should be in coops or possibly chicken runs Mrs. Edstrom discussed requiring that the wings be clipped, and that the setbacks would be for the chicken coops and feeding. Council Member Parrow commented that he sent Mrs. Edstrom and the Council the article that he referred to earlier. He stated that the ACO would have a difficult time enforcing sanitation standards, and he does not want to create an environment in the future where people can become ill. No action was taken on this item. 9. Receive a status update and provide direction to Town Staff regarding the Parks Request for Proposals. Mayor Sanders stated that the Town went out for an RFP and did not receive adequate response and that the Council needed to formally decide how to proceed. Town Manager Seidel stated that the Town did not receive any submissions back for the bid, but had one vendor inquire about the bid. He added that Town Staff is looking at the Fiscal Year 2015-2016 budget and possibly outsourcing some of the work to allow Staff to focus on specialized areas. Mayor Sanders stated that the school district outsources maintenance of their fields, and that he suspects it could be more economical to outsource all the fields. Council Member Rowe stated that a reason for his support for this process was that he understands that there are certain tasks that are skilled and unskilled labor. He added that he would like to see a conscience effort to consolidate the category of unskilled labor and outsource as much of that as possible so that Staff can focus their resources more on the skilled labor projects. Discussion took place regarding possible cost savings and the high demand to maintain the large amount of open space within the Town. Council Member Shoffner agreed that the unskilled labor should be outsourced, and that the Town needs to continue to actively try to eliminate maintaining areas that the Town does not own. Parks and Recreation Director Adams stated that the information has been maintained for the areas that are not owed by the Town, and that there are a couple of decisions that will need to come from the Council. He advised that there is a Parks full-time position that he wanted to make into a part-time position in order to create cost savings. Council Member Kurtz commented that a possible way to save funds would be to step back from over maintaining the ball fields. Town Manager Seidel stated that Town Staff will keep making those types of adjustments. No action was taken on this item. 10. Consider and take appropriate action regarding an Ordinance of the Town amending the Code of Ordinances by repealing Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII, "Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings", of Chapter 3 "Buildings and Construction", and renumbering remaining sections, and by adopting Article X entitled "Building Standards Commission" of Chapter 3 "Buildings and Construction"; providing for amendments, providing civil penalties; providing a criminal penalty not to exceed the sum of $2000 for each misdemeanor offense; and providing an effective date. Town Council Minutes June 23, 2015 Page 7 of 41 Attachment C - Ordinance No. 2015-13 Mayor Pro Tem Lamont commented that this is taking the responsibility away from the Council and transferring it over to a group of volunteer residents (Building Standards Commission) that may have some expertise in these areas. Town Attorney Adams stated that the input that she received was to allow flexibility with who the Council would appoint, to provide for artisans for this board to have at least one qualified member with specific qualifications, and that the Council would select the Chair and allow the Commission to appoint a Vice Chairperson. She added that Council Member Shaffner had inquired about the Zoning Board of Adjustment (ZBA) and the Building Standards Commission (BSC) members being one and the same, which can be the case, but they need to be two separate boards. Council Member Rowe recommended that the Handbook for co -appointment of the ZBA and BSC be brought back for consideration, along with a minor change that is explicit to the Commission and how they can be removed only with cause and have an opportunity for a hearing, and to reflect "expect where otherwise provided by State law". Council Member Reed agreed that the two boards should be co -existing, and inquired if this board has the ability to enact and enforce these items. Town Attorney Adams stated that this Commission is independent of the Council and can make decisions regarding building code issues and sub -standard building issues. Council Member Rowe commented that the Commission would hear an appeal that comes through Staff and decide on a structure that is sub -structured or uninhabitable, similar to the ZBA. Council Member Parrow commented to possibly change "should" to "must" within Section 10.02 (A) regarding qualifications based on the Commission's authority. Council Member Shoffner stated that it is the Councils responsibility to have those qualified members on the Commission and that the Town Council Appointments Committee will do their best to get qualified members on the Commission, but there needs to be some flexibility because there is a chance that they may not find someone that meets all the specific fields. Mayor Sanders stated that the reason the language was vague was because a retired electrician may not have a license but has the knowledge. Council Member Rowe spoke in favor of leaving the language as is. Mayor Sanders asked to have the changes that Council Member Rowe had discussed, regarding the Handbook, be brought back before the Council for consideration. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve Ordinance No. 2015-13, amending the Code of Ordinances by repealing Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII, "Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings", of Chapter 3 "Buildings and Construction", and renumbering remaining sections, and by adopting Article X entitled "Building Standards Commission" of Chapter 3 "Buildings and Construction"; providing for amendments, providing civil penalties; providing a criminal penalty not to exceed the sum of $2000 for each misdemeanor offense; and providing an effective date, as presented at the dais. Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, Kurtz and Shaffner voting for and Council Member Parrow voting against. Town Council Minutes June 23, 2015 Page 8 of 41 11. Receive update and provide input to Town Staff regarding policy on an Equipment Replacement Program. Town Manager Seidel stated that this project was taken on by the Citizens Financial Advisory Board (CFAB), with Staff assistance, and is brought back for any additional Council feedback and action. He emphasized that these would be the minimum standards for replacement. Council Member Shoffner inquired if the maintenance is for preventative maintenance or actual maintenance. Town Manager Seidel stated that it was for actual maintenance, and commented that Staff did an RFP for preventative maintenance to try to consolidated and save funds. No action was taken on this item. 12. Discuss and provide direction to Town Staff regarding potential amendments to the Town Charter. Council Member Rowe had a proposed amendment to the Town Charter to repeal the term limits for Councils (Amendment No. 1). Council Member Kurtz commented that he has seen a few people run unopposed over the last couple of years, and was concerned that if there were term limits, then there is a possibility that there might not be enough candidates to run for Council. Council Member Rowe stated that the Town did not have term limits for elected officials from 1985 to 2010, and that citizens should be able to vote for who they support and have more choices. He added that since the May 2009 amendment to place term limits, the Council has a 70 percent turnover rate on elected officials and that only 25 percent of incumbents with an opponent have succeeded. Council Member Reed stated that he believed that the voters should have the choice on who they want to represent and serve them. He added that he would like the amendment to be on the November 2015 ballot. Town Manager Seidel stated that the proposed amendment to the remove the Budget Submission Date requirement (Amendment No. 2) from the Charter was because Staff does not receive certified values usually until the Friday of the last week in July. He is in favor of making the date more flexible because it is difficult to meet the requirement when Staff is waiting on Denton County, and Staff already has a built in timeline because of the Truth and Taxation requirements. He would prefer to remove the date all together and that it may be more appropriate to put the requirement into a policy, as opposed to the Charter. Council Member Rowe was in favor of supporting the recommendation to remove the date, and stated that the date the budget is delivered to the Council is an operational topic. Mayor Sanders supported not having the requirement in the Charter and received consensus to move the item forward. Mayor Pro Tem Lamont asked to remove the Resign to Run requirement from the Charter (Amendment No. 3) because with three year terms, if it exceeds more than one year and 30 days then a Council Member would have to resign if they would like to run for another office. Council Member Shoffner spoke against the amendment. Council Member Reed stated that he could go either way, but he is not opposed to a Council Member wanting to take on more responsibility and continue serving the citizens. Town Council Minutes June 23, 2015 Page 9 of 41 Mayor Sanders stated that the State dictates if someone runs for office outside of the jurisdiction they are serving on and does not allow them to hold two positions. Mayor Sanders felt that the Charter should not prohibit Council Members serving on Town Boards (Amendment No. 4) based on what other towns allow. Council Member Rowe agreed that it should not be in the Charter but was not sure he wanted to see this amendment on the ballot in November 2015, he would like to focus on the new facility and the term limits. Council Member Parrow stated that if someone is willing to serve, puts in the time, and has the expertise, then they should be able to. Council Member Kurtz stated that in other towns, Council sits on other boards, especially EDC and TIRZ, and he feels that the Town should be operating the same. Council Members Shoff ner, Rowe and Reed commented that at this time they do not want to put this amendment as a Charter amendment on the November 2015 ballot. Mayor Pro Tem Lamont stated that he would like to see what the draft looks like. Mayor Sanders asked to bring back the amendments for Council to be able to discuss the items further. No action was taken on this item. 13. Town Council Liaison Updates; discussion of same. *Parks and Recreation Board, June 15, 2015 Council Liaison - Council Member Philip Shoffner Provided update, no action taken, just discussion. 14. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. • Community Garden • MEAT "U" ANYWHERE • Mosquito update • Trophy Club Park Town Manager Seidel updated the Council and addressed questions; no action taken, update only. Ted Powell thanked Town Manager Seidel for meeting with him, and stated that it was good meeting but his opinion is that the garden should be moved. He asked if the agreement gets approved, does that mean the next day movement will take place at the garden or will there be time to allow for something to be in place for privacy. He is concerned that the garden will be in place and he would like the privacy issue to be addressed before the garden moves forward. Town Manager Seidel stated that he wants to make sure that everyone is on the same page. He believes there are things that can be done to mitigate Mr. Powell's issues, a way to put those items in place, and structure that into the recommendations that are presented to Council for consideration. Mayor Sanders stated that he would like to see the implementation plan when the agreement comes before the Council. Town Council Minutes June 23, 2015 Page 10 of 41 Mr. Powell commented that as a citizen and with the size of the Town, if term limits are going to be continued then it will become tough. 15. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for July 14, 2015 meeting and discussion of Future Agenda Items. 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. Discussion took place that an update from GSBS will be provided at the July 14, 2015, meeting regarding the Police and Town Hall facility. Mayor Pro Tem Lamont suggested starting the July 14, 2015, meeting at 6 p.m., due to the amount of proposed agenda items. Council Member Shoffner asked to remove Item No. 3 from the Town Council Future Agenda Items list: Consider and take appropriate action regarding policy on equipment schedule for replacement program. Mayor Sanders asked to remove Item No. 6 from the Town Council Future Agenda Items List: Discussion of possible charter amendments. Additionally, he asked to remove Item No. 8 from the list: Receive an update regarding the Community Garden, located within Harmony Park, and receive an update regarding the use agreement between Keep Trophy Club Wild (KTCW) and the Town. Discussion took place regarding Town Staff working with Vantage regarding the standing water issues at the abandoned well sites. Mayor Sanders advised that Town Manager Seidel will be working with TCMUD No. 1 General Manager Jennifer McKnight regarding the Town's involvement with the Fire Department Operational Assessment. Discussion took place regarding placing the SEMO agreements with the TCMUD No. 1 on the July 14, 2015, Council agenda to allow for discussion and provide direction to Town Staff. Mayor Sanders stated that the 2008 Interlocal Cooperation Agreement for Fire Protection Services with the TCMUD No. 1 had some points to follow-up on and asked for the agreement to be placed on the July 14, 2015, Council agenda to allow for discussion and provide direction to Town Staff. EXECUTIVE SESSION (TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION) 16. 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 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential Purchase of Property Town Council Minutes June 23, 2015 Page 11 of 41 RECONVENE INTO REGULAR SESSION 17. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Reed, seconded by Council Member Rowe, to adjourn. Motion carried unanimously. Meeting adjourned at 10:34 p.m. Holly Fimbres, own Secretary/RMO C. Nick Sanders, Mayor Town of Trop y Club, Texas Town of Trophy Club, Texas Town Council Minutes June 23, 2015 Page 12 of 41 ATTACHMENT A Partially Executed - Interlocal Cooperation Agreement for July 4th Community Event Town Council Minutes June 23, 2015 Page 13 of 41 INTERLOCAL COOPERATION AGREEMENT FOR JULY 4TH COMMUNITY EVENT THIS AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS a home rule municipality located in Denton and Tarrant Counties of the State of Texas, hereinafter referred to as "TOWN" and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code, hereinafter referred to as "DISTRICT" with TOWN AND DISTRICT collectively referred to herein as "Parties." WHEREAS, TOWN is a duly organized political subdivision of the State of Texas engaged in the administration of municipal government and related services for the benefit of the citizens of the Town of Trophy Club; and WHEREAS, DISTRICT is a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code, organized and operating under the laws of the State of Texas and is engaged in the provision of water and sewer services and fire protection services for the benefit of the citizens of DISTRICT; and WHEREAS, TOWN annually hosts an event for all of the residents of the TOWN and DISTRICT to celebrate the 4th of July; and WHEREAS, DISTRICT also hosts community events for the benefit of its residents and the residents of TOWN; and WHEREAS, it is agreed by TOWN and DISTRICT to be of mutual interest and advantage to the residents of both DISTRICT and TOWN for the Parties to host a fireworks display for the 4th of July event; and WHEREAS, the Parties agree that as governmental entities each has the authority to host community events for the benefit of DISTRICT and TOWN residents and that during the performance of this governmental function all costs associated will be paid from current revenues legally available to each party; and WHEREAS, the governing bodies of each of the Parties find that this Agreement serves the common interest of both parties, will benefit the public and that the division of costs for the fireworks display at the 4th of July event fairly compensates all parties to this Agreement for the benefits received; and Page 1 of 4 Town Council Minutes June 23, 2015 Page 14 of 41 WHEREAS, TOWN and DISTRICT mutually desire to be subject to an agreement pursuant to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, and Texas Local Government Code, Chapter 352, and NOW, THEREFORE, TOWN and DISTRICT, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The payment rendered by DISTRICT to TOWN hereunder as more specifically set forth in Paragraph II of this Agreement shall be for the July 4, 2015 celebration event, and DISTRICT's obligations under this Agreement shall cease following payment to TOWN. TOWN'S obligations to DISTRICT under this Agreement shall be as set forth in Paragraph II of this Agreement and shall cease on July 5, 2015. II. OBLIGATIONS TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before July 16, 2015 as the DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment, TOWN shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T -Shirts, invite all DISTRICT Directors to participate in the Parade of Patriots, shall provide and display a 4x6 banner with DISTRICT's logo carried by volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 4x6 banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage. III. GO 1 ERl`IMENTAL, 1MivIUNI T Y The TOWN and DISTRICT agree that the cross -promises hereunder are made for the furtherance of a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither DISTRICT nor the TOWN waive nor shall be deemed hereby to waive, any immunity or defense that would Page 2 of 4 Town Council Minutes June 23, 2015 Page 15 of 41 otherwise be available to it against claims arising from the exercise of government powers and functions. Furthermore, the parties acknowledge that the TOWN is the organizer and host of the 4th of July event with care and control over the event; therefore, to the extent allowed by law,. the TOWN agrees to indemnify the DISTRICT for any liability that arises as a result of the fireworks display or any other part of the 4th of July event. IV. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between DISTRICT and TOWN and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both DISTRICT and the TOWN. V. JOINT VENTURE AND AGENCY The relationship between the parties to this Agreement does not nor shall it be deemed to create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. VI. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. VII. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII. AUTHORITY The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary actions have been taken by its respective governing body to approve this Agreement prior to its execution. Page 3 of 4 Town Council Minutes June 23, 2015 Page 16 of 41 hereto. IX. EFFECTIVE DATE This Agreement shall become effective upon approval and execution by each party EXECUTED in triplicate originals on the dates set forth below. TOWN OF TROPHY CLUB Trophy Club, Texas 100 Municipal Drive Trophy C b, 6262 ell By C. Nick Sanders, Mayor DATED: �D-2'6-zo\5 jlnooF ltiVp,� L; Holly Fimbres; wn Secretary ,,9� APPROVED AS TO FORM: i BY: Patricia A. Adams, Town Attorney Page 4 of 4 DISTRICT Trophy Club Municipal District No.1 100 Municipal Drive Trophy Club, Texas 76262 By Jim Moss, President DATED: TTEST: BY: Kevin R. Carr, Secretary/Treasurer APPROVED AS TO FORM: BY: Pamela Liston, Attorney for DISTRICT Town Council Minutes June 23, 2015 Page 17 of 41 ATTACHMENT B Animal Shelter Board Ordinance Update Presentation Town Council Minutes June 23, 2015 Page 18 of 41 b 0 i1 cn A c I L I _ 1 C A � 1 i U c ' 3 0 0 I Y Y 1 1 A I I Y i I ,OA 0 C' y r--1 O � V � V � U O -J ct U C—+ ct 0 C' y 1 J t/1 U 4-J V N CU I v CCS O � ct ' ct M Q.� w • 1 J W � 4� (3) 4;;4 'cl w En +j R Ct ago �•�� bay O Cl? O 0 `� cri �Ct v 4-J b. 4-J Q.)cri v`na •� O cri bWD A J r Q) � 4C-4' 0 oA�u lllmlm-� J! W cn CCS 72 P4 0 a� Ll . , j CIL* CU ct Ct a ° `t Z � ct NO V �l � O � v W CIZ 40.4 '0 0 0 0 I GV W w c Opo V U # ''' F e v 0 v N N O) f0 IL r O N C7 N I a r I I I i A a J 1 I I I 1 F F r--4 �P-4 ° I r U I I ' O1 A I , OI A 4u -j a 9 ro 1 1 O II ro I 'j 1 1 ' U Oe. F A r � n 1 P4 A F r� I ct1 r -T-4 ;-4 � a I I x 1 1 1 O 1 I GV W w c Opo V U # ''' F e v 0 v N N O) f0 IL r O N C7 N • bA rc$ rd M O M T, 0 W O V O W M 0 O 14 C� N O r4 u .rPP4 U W V rT Ly 5 v V 1 V) ct O . r"1 ct U 0 nU W ct U 0 0 +-j W P4 * I YF 0 N M N N C 7 ATTACHMENT C Ordinance No. 2015-13 Town Council Minutes June 23, 2015 Page 27 of 41 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2015-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY REPEALING SECTIONS 12.02 THROUGH 12.05 AND SECTIONS 12.07 THROUGH 12.09 OF ARTICLE XII ENTITLED "STANDARDS FOR THE REPAIR, REMOVAL OR DEMOLITION OF DANGEROUS OR SUBSTANDARD BUILDINGS" OF CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" AND RENUMBERING THE REMAINING SECTIONS AND CORRECTING A TYPOGRAPHICAL ERROR; ADOPTING ARTICLE X, ENTITLED "BUILDING STANDARDS COMMISSION", TO CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES ESTABLISHING A BUILDING STANDARDS COMMISSION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR CIVIL PENALTIES; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter and laws of the State of Texas; and WHEREAS, the Town Council has determined that the interests of the public are best served when buildings and structures within the Town are maintained in accordance with Building and Fire Codes; and WHEREAS, Chapter 54 of the Texas Local Government Code authorizes a municipality to adopt ordinances for the preservation of public safety, relating to the materials or methods used to construct a building or improvements, relating to the fire safety of a building or improvements, relating to dangerously damaged or deteriorated buildings or improvements, relating to conditions caused by accumulations of refuse, vegetation or other matter that create breeding and living places for insects and rodents, relating to a building code or to the condition, use, or appearance of property in a municipality; and WHEREAS, the Town has adopted the 2009 International Property Maintenance Code as well as other International Fire and Building Codes to ensure that the condition of property and structures within the Town are maintained in a safe and healthy manner; and ORD 2015-13 1 Town Council Minutes June 23, 2015 Page 28 of 41 WHEREAS, Chapter 214 of the Texas Local Government Code authorizes municipalities to adopt ordinances to establish minimum standards for the continued use and occupancy of buildings and to require the vacation or relocation of occupants, as well as the securing, repair, removal or demolition of a building that is dilapidated, substandard or unfit for human habitation and a hazard to the public health safety and welfare; and WHEREAS, the Town has adopted ordinances establishing minimum standards for use and occupancy of structures within its jurisdiction; and WHEREAS, the Town Council is authorized by Chapter 54 to provide for the appointment of a Building Standards Commission to hear and determine cases concerning alleged violations of Ordinances regulating buildings and structures, to order appropriate remedial actions, and to impose civil penalties as allowed by law; and WHEREAS, the Town Council hereby finds that adopting this ordinance establishing a Building Standards Commission is appropriate and necessary to ensure that buildings and structures within the Town meet minimum requirements, to allow due process for review of administrative decisions, to address and abate floodplain violations, and to perform other functions set forth hereinbelow; and WHEREAS, the Town Council finds that by adopting this Ordinance repealing Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII entitled "Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings" of Chapter 3 entitled "Buildings and Construction" and renumbering remaining sections of Article XII and by adopting Article X entitled "Building Standards Commission" of Chapter 3 entitled "Buildings and Construction" serves the best interests of the Town and health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having been found by the Town Council to be true and correct are hereby adopted and incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Sections 12.02 through 12.05 and Sections 12.07 through 12.09 of Article XII entitled "Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances ORD 2015-13 2 Town Council Minutes June 23, 2015 Page 29 of 41 of the Town are hereby repealed in their entirety and Section 12.06 entitled "Minimum Standards; Responsibilities of Owner' is hereby renumbered to be Section 12.02 "Minimum Standards; Responsibilities of Owner" and Subsection 3 of 12.02(A) "Property Standards" shall be amended to be and read in its entirety as follows with all other sections and subsections of Section 12.02 to remain the same: 12.02 Minimum Standards; Responsibilities of Owner A. Property Standards: An owner shall: 3. Provide solid waste receptacles or containers when required by the Town. 2.02 Article X entitled "Building Standards Commission" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall read in its entirety as follows: CHAPTER 3 BUILDINGS AND CONSTRUCTION "ARTICLE X. Building Standards Commission Section 10.01 Building Standards Commission (BSC) Created There is hereby created a Building Standards Commission ("the Commission") in accordance with the provisions of Subchapter C of Chapter 54 of the Local Government Code, V.T.C.A., as amended. Section 10.02 BSC Members A. Number, Appointment, Qualifications. The Commission shall consist of five (5) regular members each to be appointed by the Town Council. The Town Council may also appoint up to eight (8) alternate members with the same duties and responsibilities as regular members who shall serve in the absence of one (1) or more regular members when requested to do so by the Town Manager, or designee. All cases shall be heard by at least four (4) members. Each member, whether regular or alternate, shall be appointed by majority vote of the Town Council. To the extent possible, members of the commission should be qualified in one (1) or more of the fields of fire prevention, building construction, sanitation, plumbing, electricity, mechanical systems, engineering, architecture or public health. Failure of a person to be qualified in any of such fields shall not prevent or disqualify that person from sitting on the commission. B. Terms of Office. Each regular and alternate member of the Commission shall be appointed by the Town Council for a term of two ORD 2015-13 3 Town Council Minutes June 23, 2015 Page 30 of 41 (2) years with staggered appointments so that no more than three (3) members' terms shall expire in any one year. Terms shall expire on September 30 of each year. C. Removal, Filling of Vacancies. Any member, whether regular or alternate, of the Commission may be removed for cause on a written charge. If requested by the member subject to the removal action, the Town Council shall hold a public hearing on the matter before a decision regarding removal is made in accordance with state law. Any and all vacancies shall be filled by appointment based upon a majority vote of the Town Council and shall be for the unexpired term of the vacant position. D. Officers. The Town Council shall appoint a member of the Commission to serve as Chairperson. The Commission shall annually elect a Vice -Chairperson, each of whom shall perform the duties set forth in this Article. Section 10.03 BSC Meetings A. Meetings of the Commission shall be held at the call of the Commission Chairperson and at other times as determined by the Commission. All meetings of the Commission shall be open to the public. The concurring vote of a majority of the members of the Commission shall be required for any action taken by the Commission under state law or ordinance adopted by the Town. The Chairperson, or in the Chairperson's absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. B. The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The Commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the Building Inspection Department as public records. C. The Building Official or his designee shall present all cases before the Commission. As used in this Chapter, the term "Building Official" shall mean the "Building Official" for the Town of Trophy Club or a person designated by the Building Official or Town Manager. Section 10.04 BSC Authority --Generally A. Ordinances. The Commission shall have the authority granted in this Article and, in addition, shall have authority to hear and determine cases concerning alleged violations of Town ordinances: ORD 2015-13 4 Town Council Minutes June 23, 2015 Page 31 of 41 1. For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; 2. Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; 3. Relating to dangerously damaged or deteriorated buildings or improvements; or 4. Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents. 5. Relating to a Building Code or to the condition, use, or appearance of property in the Town. B. Other Functions. In addition to the authority granted in this Chapter, the Building Standards Commission, in its capacity as a review board for the Town, shall have the following duties and powers including, but not limited to: 1. Studying proposed Code amendments and making recommendations to the Town Council regarding any proposed amendments to the Building and Fire Codes. 2. Hearing from any person requesting a change to the Building and Fire Codes as adopted by the Town. 3. Serving as an advisor to the Building Official and/or Fire Chief. 4. Hearing appeals from decisions of the Building Official and/or Fire Chief pertaining to: a. Use of alternate materials and construction methods. In the case of a request to use alternate materials or construction methods, the Building Standards Commission shall determine whether or not such alternate material or construction method is in fact equal to the standards of the applicable Building or Fire Code, considering adequacy, stability, strength, sanitation, and safety for the public's health and welfare. As used in this ORD 2015-13 5 Town Council Minutes June 23, 2015 Page 32 of 41 Section, Building Code or Fire Code shall include without limitation Town adopted building, electrical, plumbing, mechanical, and fire codes, and abatement of dangerous building, fence, and swimming pool; b. Interpretations related to the Building Code or Fire Code as adopted by the Town, including without limitation, building, electrical, plumbing, mechanical, and fire, and abatement of dangerous building, fence, and swimming pool); and c. Decisions regarding substandard buildings as further provided in this Article. 5. Ordering the repair, within a fixed period, of buildings found to be in violation of an ordinance. 6. Declaring a building substandard in accordance with the powers granted by this Article and/or other local or state law. 7. Adopting and enforcing regulations relating to floodplain management within the Town and ordering compliance with floodplain regulations pursuant to the authority granted in this Article, state law and/or federal law. C. Variances. The Building Standards Commission shall not be authorized to grant variances. D. State Statute. In addition to the authority outlined in this Article, the Commission may exercise such other powers and authority conferred upon it by Subchapter C of Chapter 54 and Subchapter A of Chapter 214 "Dangerous Structures" of the Texas Local Government Code, as amended, or by other statutes or ordinances. Section 10.05 BSC Authority --Substandard Housing The Building Standards Commission may hear cases regarding a substandard structure if the structure is: A. Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; or B. Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or C. Boarded up, fenced, or otherwise secured in any manner if: ORD 2015-13 6 Town Council Minutes June 23, 2015 Page 33 of 41 1. The building constitutes a danger to the public even though secured from entry; or 2. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Subsection B above. Section 10.06 BSC Rules Governing Proceedings The Building Standards Commission shall adopt rules to govern its proceedings provided, however, that such rule shall not be inconsistent with this Article or laws of the State of Texas. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the Town or its officials relating to alleged violations of ordinances. Section 10.07 BSC Criteria for Determining Substandard Condition A structure shall be considered substandard if: A. It is in a condition such that it fails to comply with the minimum standards set forth in the Town's ordinances, including but not limited to the adopted building, electrical, plumbing, mechanical, and fire codes; and B. Such condition exists to the extent that the life, health, property, or safety of the public or its occupants is endangered. Section 10.08 BSC Notice A. Notice of all proceedings before the Commission shall be given: 1. By certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records of the Office of the County Clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the Office of the County Clerk; and 2. To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. ORD 2015-13 7 Town Council Minutes June 23, 2015 Page 34 of 41 B. The notice shall be mailed and posted on or before the 10th day before the date of the hearing before the Commission and shall state the date, time, and place of the hearing. The notice shall also include a statement that at the hearing, the owner, lienholder, or mortgagee shall be required to submit proof of the scope of any work that may be required to comply with applicable ordinance(s) and the amount of time that such person alleges that it will take to reasonably perform the work. In addition, the notice shall be published in a newspaper of general circulation in the Town on one (1) occasion on or before the 10th day before the date fixed for the hearing. Section 10.09 BSC Action; Time Frames A. Commission Orders. After notice and hearing and upon finding that a structure is substandard, the Commission may order any one (1) or more of the following actions: 1. Order the repair of a substandard structure, within a fixed period as provided in this Article and/or state law; 2. Order, in an appropriate case, the immediate removal of persons or property found on private property, order entry on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and/or order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; 3. If the structure is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated with the time allotted by the Commission, the Town may vacate, secure, remove or demolish the building or relocate the occupants at its own expense. The Town may assess the expenses on and have a lien against the property on which the structure was located, unless it is a homestead as protected by the Texas Constitution, 4. Issue orders or directives to any peace officer of the state, including a sheriff or constable or the Chief of Police of the Town, to enforce and carry out the lawful orders or directives of the Commission; and 5. Determine the amount and duration of the civil penalty that may be recovered by the Town as authorized by Subchapter C of Chapter 54, Texas Local Government Code, as amended. In assessing a civil penalty, the Commission shall consider the severity of ORD 2015-13 8 Town Council Minutes June 23, 2015 Page 35 of 41 violations present, the history of compliance of the property or the owner, and the efforts taken, if any, to correct the violations. B. Time Frames for Compliance. After making a finding that a building is substandard, the Commission shall comply with the following time frames: 1. 30 -Day Time Period. Except as otherwise provided in this Article, the Commission shall require the owner, lienholder, or mortgagee of a substandard building to within thirty (30) days of the date of the hearing: a. Secure the building from unauthorized entry; or b. Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. 2. 30 to 90 -Day Time Period. If the Commission allows the owner, lienholder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the Commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined at the hearing. 3. Time Period in Excess of 90 Days. The Commission may only allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove, or demolish the building or fully perform all work required to comply with the order if the owner, lienholder, or mortgagee: a. Submits a detailed plan and time schedule for the work at the Commission hearing; and b. Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work; and c. Regularly submits progress reports to the Town to demonstrate compliance with the time schedules established by the Commission for commencement and performance of the work as well as other security requirements imposed by the Commission. ORD 2015-13 9 Town Council Minutes June 23, 2015 Page 36 of 41 4. Bond Requirement: If the Commission allows the owner, lienholder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the order of the Commission may require that the owner, lienholder, or mortgagee or his designee appear and provide documentation that the Commission determines necessary to demonstrate compliance with Commission established time schedules. If the owner, lienholder or mortgagee owns property, including structures or improvements on property, within the Town boundaries that exceeds $100,000 in total value, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing the building or buildings as authorized by the provisions of this Article. In lieu of a bond, the Commission may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party as approved by the Town. The bond shall be posted, or the letter of credit or third party guaranty provided not later than the thirty (30) days after the date the Commission issues the order. C. Burden of Proof. The owner, lienholder, or mortgagee shall have the burden of proof to demonstrate the scope of any work that may be required to comply with Town ordinances and the time that it will take to reasonably perform the work. Section 10.10 BSC Fees for Appeals A fee of ONE HUNDRED AND FIFTY AND NO/100 DOLLARS ($150.00) is hereby required for appeals heard at regularly scheduled meetings of the Building Standards Commission. For appeals that must be heard at a special called meeting of the Building Standards Commission, an additional fee of ONE HUNDRED AND FIFTY AND NO/100 DOLLARS ($150.00) shall be required. All fees shall be due and paid at the time an appeal is filed. Section 10.11 Failure to comply with Order of BSC A. If a building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the time period ordered by the Commission, the Town may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. B. If the Town incurs expenses under this Section, the Town may assess the expenses on, and upon doing so, the Town shall have a lien against, the property on which the building was located, unless the property is a homestead as protected by the Texas Constitution. The ORD 2015-13 10 Town Council Minutes June 23, 2015 Page 37 of 41 lien is extinguished if the property owner, lienholder, mortgagee or other person having an interest in the legal title to the property reimburses the Town for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk of the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the Town, and the balance due. Section 10.12 BSC Final Decision A. A copy of the final decision of the Commission shall be mailed by certified mail, return receipt requested, to all persons to whom notice was sent under Section 10.08 of this Article. The copy shall be mailed promptly after the decision of the Commission becomes final pursuant to the requirements of this Article. B. Within ten (10) calendar days after the date that the order is issued, the Commission shall file a copy of the order in the office of the Town Secretary. Within ten (10) calendar days after the date the final decision of the Commission is mailed, an abbreviated copy of the final decision shall be published one (1) time in a newspaper of general circulation in the Town, and such notice shall include the street address or legal description of the property; the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained. C. If no appeals are taken from the decision of the Commission within the required period, the decision of the Commission is, in all things, final and binding. Section 10.13 BSC Judicial Review A. Any person(s) jointly or severally aggrieved by any decision of the Commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented within thirty (30) calendar days after the date a copy of the final decision of the Commission is personally delivered or mailed by first class mail, certified return receipt requested, to all persons to whom notice is required to be sent pursuant to Section 10.08 of this Article. B. Proceedings shall not be stayed by an appeal and issuance of a writ of certiorari and shall only be stayed by the grant of a restraining order or injunction granted by the district court. The District Court's review shall ORD 2015-13 11 Town Council Minutes June 23, 2015 Page 38 of 41 be limited to a hearing under the substantial evidence rule. Costs may not be allowed against the Commission panel. If the decision of the Commission panel is affirmed or not substantially reversed but only modified, the District Court shall allow to the Town all attorney's fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners as well as all persons found to be in occupation of the property subject to the proceedings before the Commission panel. Section 10.14 BSC Authority—Penalties A. Civil Penalty. The Commission may assess a civil penalty against the property owner for failure to repair, remove, or demolish a substandard structure upon proof presented by the Town that: The property owner was notified of the requirements in the Town's substandard building ordinance along with notification of the owner's need to comply; and 2. The owner continued to violate the ordinance after receiving notice. B. Amount. A civil penalty imposed pursuant to this Section may not exceed $1000 per day for each violation, unless the property is shown to be the owner's legal homestead, in which case the penalty shall not exceed $10 per day for each violation. C. Criteria for Assessing Civil Penalty. In assessing a civil penalty, the Commission shall consider the severity of violations present, the history of compliance of the property or the owner, lienholder or mortgagee, and the efforts taken, if any, to correct the violations. D. Determination Final. A determination made under this Section is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the Town for final judgment in accordance with the established penalty. E. Enforcement of Civil Penalty. To enforce any civil penalty under this Section, the Town Secretary shall file with the district clerk of the county in which the Town is located, a certified copy of the order of the Commission stating the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty. F. Remedies Cumulative. The remedies authorized under this Article are inclusive and not exclusive and shall in no way prevent the Town from exercising any and all other remedies at law to which it may be ORD 2015-13 12 Town Council Minutes June 23, 2015 Page 39 of 41 entitled, including proceedings under the jurisdiction of the Municipal Court or injunctive or other civil relief as allowed by law." SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. PENALTY Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Further, if the governing body of the Town of Trophy Club determines that a violation of this Ordinance creates a threat to the public safety, the Town may bring suit in the District Court to enjoin such violation and seek such remedies as allowed by law. The civil and criminal remedies and penalties provided in this Article shall be cumulative of those provided by state law and provided herein. SECTION 8. ORD 2015-13 13 Town Council Minutes June 23, 2015 Page 40 of 41 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 23�d day of June, 2015. C. Nick Sanders, May6r Town of Trophy Club, Texas [SEAL] ATTEST: OF T4A&pp� O G olly Fimb es, Town Secretary * d! Town of Trophy Club, Texas RY 1, APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas TQRQA%I`-&utes June 23, 2015 Page 41 of 4114