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Minutes TC 01/20/2015 - Joint SessionMINUTES FROM JOINT SESSION TOWN OF TROPHY CLUB TOWN COUNCIL AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, January 20, 2015 at 5:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, and the Trophy Club Municipal Utility District No. 1, met in a Joint Session on Tuesday, January 20, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § 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 arrived at 5:31 p.m. Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Holly Fimbres Town Secretary Adam Adams Parks and Recreation Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD MEMBERS PRESENT: Jim Moss President Jim Hase Vice President Kevin Carr Secretary/Treasurer Jim Thomas Director Neil Twomey Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STAFF PRESENT: Jennifer McKnight General Manager Laurie Slaght District Secretary Pam Liston District Legal Council Bob West District Legal Council Mayor Sanders announced the date of Tuesday, January 20, 2015 called the Town Council to order and announced a quorum at 5:30 p.m. CONVENE INTO JOINT SESSION - START TIME — 5:30 P.M. 1. Consider and take appropriate action regarding terms of potential lease with the TCMUD No. 1 for use of the TCMUD No. 1 annex building located at 100 Municipal Drive. January 20, 2015 Joint Session Minutes Page 1 of 6 Mayor Sanders presented the item and discussed proposed terms of a lease that included: • 25 to 99 year lease with renewal and termination options; • Building to be used for Municipal uses, less Animal Control, and gives option for storage, community meeting rooms, Senior Center, etc.; • Extended 'exit' language for both Town and TCMUD No. 1 TCMUD exit tied to State/Federal requirements) with a minimum of a three year notice; • Town would pay operating and maintenance of building and shared parking; • TCMUD No. 1 would create the lease and within the terms of the lease could recover expenses if necessary; • If the Town has the lease for the use of the building then the Town will be the entity insuring the lease hold improvements. Council Member Reed stated that leasing of the building could be done through a ground lease agreement and would allow the Town to improve the land as deemed necessary. Discussion took place regarding terms of insurance on the structure and reconstruction of the facility in the event of a possible natural catastrophe. Council Member Reed stated that there could be a three year out option if a State or Federal mandate arose for the TCMUD, and in the event of catastrophe, the Town would erect a new facility or possibly have a buyout amount. TCMUD No. 1 President Jim Moss suggested that TCMUD No. 1 begin creating a lease to cover all the details and any legal cost incurred creating the lease could be compensated through the lease agreement to help cover the cost. Mayor Sanders stated that he would like to have at least a 10 year term with a three year out clause. Action from Trophy Club MUD No. 1 — Motion that focus attention on ground lease with the Town of Trophy Club for the annex building. Motion passed unanimously. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve recommending that the ground lease have a minimum of 25 years. Amended Motion: Council Member Reed, seconded by Mayor Pro Tem Lamont, made a motion to amend the main motion to add that the TCMUD No. 1 have an out clause with a three year notice provision if there is a government mandate that is imposed on the TCMUD No. 1. TCMUD No. 1 Secretary/Treasurer Carr stated that he would like to see a guarantee of 10 years with a termination clause after the 10 years, and also to have the ability to renew the lease if needed. Substitute Motion: Council Member Reed, seconded by Mayor Pro Tem Lamont, made a substitute motion to approve a 25 year ground lease agreement with the first 10 years being a protective period, and after 10 years the TCMUD No. 1 has the option to exercise a right to terminate the lease with a three year notice if a government entity requirement is imposed. Motion passed unanimously. January 20, 2015 Joint Session Minutes Page 2 of 6 TCMUD No. 1 Secretary/Treasurer Carr stated that the TCMUD No. 1 will need the offices that the Town uses in the Svore Building in the next two to three years because of Texas Commission on Environmental Quality (TCEQ) requirements. Town Attorney Patricia Adams stated that those offices are not listed on agenda but can look at putting on a future agenda. Second Motion: Council Member Reed, seconded by Council Member Parrow, made a motion that the Town Council form a sub- committee consisting of Council Member Kurtz and Council Member Reed to meet with two members of the TCMUD No. 1 Board to work out the details of the ground lease negotiations and bring back to both bodies at a later date as a completed document. Motion passed unanimously. Trophy Club MUD No. 1 motioned that Kevin Carr and Neil Twomey serve on the sub -committee to meet with two Town Council members (Council Member Kurtz and Council Member Reed) to work out the details of the ground lease negotiations and bring back to both bodies at a later date as a completed document, which passed unanimously. 2. Consider and take appropriate action to establish a committee composed of two Council members, two citizens, and the Fire Chief to meet with the TCMUD No. 1 committee to perform economic analyses and review of other factors related to consolidation of fire and emergency medical services under one entity. Council Member Shoff ner stated that the intention was for the Town to appoint one citizen and the TCMUD No. 1 to appoint one citizen. Trophy Club MUD No. 1 motioned to appoint Kevin Carr and Neil Twomey, and the Fire Chief to serve on the committee, and open up the citizen appointment for applications, which passed unanimously. Main Motion: Mayor Pro Tem Lamont, seconded by Council Member Parrow, made a motion to nominate Council Member Kurtz and Council Member Shoffner to serve as the two Council members and open up the citizen appointment for applications to serve on the Fire/EMS Joint Sub -Committee. Amended Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve an amendment to the main motion to include Town Manager Slye on the Fire/EMS Joint Sub -Committee. Motion failed 2-5-0 with Mayor Sanders and Council Member Parrow voting for, and Mayor Pro Tem Lamont, Council Members Reed, Rowe, Kurtz, and Shoff ner voting against. Amended Main motion: Mayor Pro Tem Lamont, seconded by Council Member Parrow, made a motion to nominate Council Member Kurtz and Council Member Shoff ner to serve as the two Council members, and open up the citizen appointment process to nominate one citizen member to serve on the Fire/EMS Joint Sub -Committee to perform economic analyses and review of other factors related to consolidation of fire and emergency medical services under one entity. Motion passed unanimously. 3. Consider and take appropriate action to request a variance to the Stage 2 watering restrictions in accordance with the TCMUD No. 1 and Town Public Improvement District Drought Contingency Plans. TCMUD No. 1 General Manager Jennifer McKnight stated that she received news that the lakes are holding steady at 61 percent but are expected to fall to 60 percent. Currently, Stage 2 watering restrictions are expected to take effect at the end of February or the beginning of March. January 20, 2015 Joint Session Minutes Page 3 of 6 Trophy Club MUD No. 1 motioned to table the item until the next TCMUD meeting, which passed unanimously. Parks and Recreation Director Adam Adams discussed proposed watering variances for Independence Park West and East, Harmony Park, medians, and athletic facilities and answered relative questions regarding the proposed variances. (Attachment A) Council Member Shoffner asked that the Town look at other areas where water consumption reductions can be made. Parks and Recreation Director Adams stated corporately the Town will look to the whole system to diligently reduce the overall water consumption by an additional 10 percent. No vote was taken on the action item. ADJOURN Mayor Sanders adjourned the meeting at 6:26 p.m. Holly Fimbr s, Town Secretary Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas January 20, 2015 Joint Session Minutes Page 4 of 6 ATTACHMENT A ICF,TOWN OF � TROPHY CLUB 100 Municipal Drive .Trophy pub, Texas 76262 January 20, 2015 TC MUD1 ATTN: General Manager Jennifer McKnight SUBJECT: STAGE 2 IRRIGATION VARIANCE REQUESTS BY FACILITY Independence Park West and East-Stadium/Bleacher Facilities 1. We request a variance between the time periods of October 15t through April 30th to water over a two-day period that will allow the irrigation system at these facilities to complete one cycle of water per week. To fulfill this request the Town may also need to begin this cycle on a different day than currently designated. Example: The system would activate at 6:00 p.m. and run until 10:00 a.m. the following morning for a total cycle time of 16 hours. 2. We request between the time periods of May 1" through September 30 that the Town be allowed to irrigate the stadium facilities two cycles per week on a MUD -approved schedule. 3. We request between the time period of May 1" through September 30th that the Town be allowed to irrigate the stadium fields only Tuesday/ Wednesday and Thursday/Friday to accommodate this two time per week/four day watering cycle. Harmony Park-Stadium/Bleacher Facilities 1. We request a variance between the time period of October I" through April 30th to water over a two-day period that will allow the irrigation system at these facilities to complete one cycle of water per week. To fulfill this request the Town may also need to begin this cycle on a different day than currently designated. Example: The system would activate at 6:00 p.m. and run until 10:00 a.m. the following morning for a total cycle time of 16 hours. 1. We request between the time periods of May 15t through September 30 that the Town be allowed to irrigate the stadium facilities two cycles per week on a MUD -approved schedule. January 20, 2015 Joint Session Minutes Page 5 of 6 lCi:TOWN OF TROPHY CLUB 100 Municipal Drive -Trophy Club, Texas 76262 2. We request between the time period of May 1" through September 30th that the Town be allowed to water the stadium fields only Tuesday/ Wednesday and Thursday/Friday to accommodate this two time per week/four day watering cycle. Medians We request an annual variance between the time periods of December 15k through February 28th to water over a two-day period that will allow the irrigation system at these facilities to complete one cycle of water per week. To fulfill this request the Town may also need to begin this cycle on a different day than currently designated. WATERING ON MONDAYS ARE PROHIBITED Watering Standards for Athletic Facilities: The Town is requesting these variances to allow for the continuation of the current level of maintenance and functional operation of the aforementioned facilities; in doing so we will continue to be able to allow the children that use these facilities to do so on fields that promote the same level of play in a safe maintained environment. Additionally these variances recognize the negative affect that warmer weather has on our playing surfaces. The turf and soil under diminished water use situations does not have the ability to recover from the combination of heat, diminished water and a high use -level without these variances being granted. Corporately the Town will look to other non -athletic and passive areas to diligently reduce the overall water consumption by an additional 10%. Thank you in advance for your consideration in this matter Adam Adams Director of Parks & Recreation January 20, 2015 Joint Session Minutes Page 6 of 6