Minutes TC 05/23/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday,May 23,2016 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, May 23, 2016. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Greg Lamont Mayor Pro Tem, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Philip Shoffner Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
Tim Kurtz Council Member,Place 4
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
Pat Cooke Development Services Manager
Tony Jaramillo Parks Superintendent
Sherri Lewis Recreation Supervisor
Todd Mauthe Police Sergeant
Mayor Sanders announced the date of Monday, May 23, 2016, called the Town Council to order and announced a
quorum at 7:01 p.m.
The Invocation was offered by Parks and Recreation Director Adams.
The Pledges to the American Flag and Texas Flag were led by Council Member Shoffner.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations;
Announcements and Reports;Consent Agenda; Item No.5; Item No.9; Item No.6;Item No.7;Item No.8;Item No.
10; Item No. 11; Executive Session;and Item No. 13)
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. Town Manager Seidel's update regarding the following;discussion and provide input regarding same(Staff).
*Memorial Day Ceremony
*Volunteer Appreciation Reception
*Meat"U"Anywhere BBQ Opening
*Community Pool Opening
*Chief Thomas Retirement Ceremony
*Town Hall
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
2. Town Council Liaison Updates;discussion of same(Staff).
*Parks and Recreation Board,May 16,2016
Council Liaison-Council Member Philip Shoffner
Council Member Shoffner updated the Council and addressed questions; no action was taken on this item.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
3. Consider and take appropriate action regarding the Minutes dated April 26, 2016 (Staff). (Town Secretary
Note:Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club,Texas,approving
a negotiated settlement between the Atoms Cities Steering Committee ("ACSC") and Atmos Energy Corp.,
Mid-Tex Division regarding the Company's 2016 Rate Review Mechanism filings; declaring existing rates to
be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement;
finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest;
requiring the company's ACSC's reasonable ratemaking expenses; determining that this ordinance was
passed in accordance with the requirements of the Texas open meetings act; adopting a savings clause
declaring an effective date; and requiring delivery of the ordinance to the company and the ACSC's legal
counsel;and providing an effective date(Staff).
Mark Mahan, with Atmos Energy Corporation, was present to address any questions regarding Consent Agenda
Item No.4.
Motion:
Motion made by Council Member Reed, seconded by Council Member Rowe, to approve the Consent Agenda
Items 3 and 4.
Motion passed unanimously.
REGULAR SESSION
5. Consider and take appropriate action regarding a Proclamation of the Town Council declaring Tuesday,May
31, 2016 as Lieutenant Colonel Norman "Jaws" Vuchetich Day in Trophy Club; and providing an effective
date(N.Sanders).
Council Member Parrow read the proclamation into the record.
Town Council Minutes May 23, 2016 Page 2 of 7
Motion:
Motion made by Council Member Parrow, seconded by Mayor Pro Tern Lamont, to approve Proclamation No.
2016-09,declaring Tuesday, May 31,2016 as Lieutenant Colonel Norman"Jaws"Vuchetich Day in Trophy Club;and
providing an effective date of May 23,2016.
Motion passed unanimously.
Mayor Sanders thanked Lieutenant Colonel Norman "Jaws" Vuchetich for his service and presented him with a
proclamation. Lieutenant Colonel Vuchetich was accompanied by his wife, Starr, and his daughters, Pandora and
Ariel.
6. Receive an update from Stars and Stripes regarding the upcoming 4th of July Parade;discussion of same(K.
Castonguay).
Kelly Castonguay, representing Trophy Club Stars and Stripes, provided an update regarding the 4th of July
Parade. She announced that Denton County Commissioner Andy Eads, Denton County State Representative Tan
Parker, and Tarrant County State Representative Giovanni Capriglione will be attending the event, along with
Grand Marshal US Army Lieutenant Colonel Kacey Brashear. She added that the marching band will be the
Metroplex United Pipe Band and stated that they have secured 13 float participants and a trailer for the veterans.
Tiffany Nimphius, representing Trophy Club Stars and Stripes, advised that approximately 98 percent of the route,
for the planting of the flags, have been covered. She announced that they are scheduled to have a hotdog social
on June 24, 2016, from 6 to 8 p.m., at Harmony Park to deliver the flags and that planting of the flags will be held
on July 2,2016.
Mindi Bone and Nicole Arata,representing Trophy Club Stars and Stripes,were present to address any questions.
No action was taken on this item.
7. Receive the Mayor's State of the Town Address;discussion of same(Staff).
Mayor Sanders provided the Mayor's State of the Town Address.
No action was taken on this item.
8. Discussion of and provide direction to Staff regarding the disconnection and separation of the Highlands
common area irrigation system from the Town's irrigation system(Staff).
Assistant Town Manager/CFO Glickman provided an update and stated that Staff has been working with the
Highland's Homeowners Association (HOA) Board to examine disconnection and separation of the Highland's
irrigation system from the Town's irrigation system. During this process, Staff identified all the areas within the
Highlands that would be affected by this process. He went over the timeline pertaining to irrigation issues, and
discussed areas that would not be turned over to the HOA because it would be cost prohibited for the HOA to have
to install meters in those areas. Additionally, he advised that Staff was seeking direction from Council to either
have the Town continue to water and maintain the irrigation,completely disconnect the HOA's irrigation from the
Town's,or disconnect and have the Town continue to maintain the five grass strips.
Discussion took place that the HOA President was notified that Council was considering this item tonight.
Council Member Shoffner stated that the HOA is composed of 12 different plats, which have 12 different
developers' agreements. He advised that the agreements call out that the developer/HOA would be responsible
for maintenance on all common areas.
Mayor Sanders commented that his recollection was that the developer desired to maintain the common areas,
through an arrangement with the builder,in order to ensure that they were maintained to help sell homes.
Town Council Minutes May 23, 2016 Page 3 of 7
Council Member Shoffner inquired about the cost for the Town to disconnect from the HOA. Assistant Town
Manager/CFO Glickman stated that it would be a matter of Staff time, materials,and equipment to allow the Town
to disconnect and cap off the system in approximately two weeks.
Town Manager Seidel advised that the irrigation system switched to a fresh water system because the ponds along
the linear trail were never engineered;therefore,when the ponds connected to the irrigation system it clogged the
heads. He commented that Staff has been trying to work with the HOA to come up with a solution for an extended
period of time.
Mayor Sanders and Council Member Rowe recommended proceeding with Staff's proposal to disconnect and to
continue to water the identified areas.
Mayor Pro Tern Lamont and Council Member Parrow were in favor of disconnecting completely since water had
been provided to the HOA at no cost since last August,which is essentially an expense to the taxpayers.
Council Members Shoffner and Reed were in favor of complete separation since the Town does not extend this
type of service to any other HOA.
Discussion took place regarding the timeframe it would take for the HOA to be on their own irrigation system.
Mayor Sanders received consensus from the Council to disconnect completely by the end of June 2016.
9. Consider and take appropriate action regarding the purchase and installation of a toddler playground and
shade structure for Harmony Park;discussion of same(Staff).
Parks and Recreation Director Adams advised that the Parks and Recreation Board provided unanimous input to
move forward with the selected playground design from Playwell at their May 16, 2016 meeting. Prior to the
Council meeting, Board Member Nimphius and Chairman Bilbrey worked on seeking user input concerning the
playground specifics, which helped with the selection of the design components. At the April 26, 2016 Council
meeting, Council approved that an additional eight thousand ($8,000) be allocated to the project. Residents and
Parks and Recreation Board Members requested the additional funds go towards the purchase of a few interactive
playground elements to be installed in addition to the main structure,such as a safety swing.
Emily Bandurski, 2244 Veranda Avenue, stated that their goal was to provide a different perspective in terms of
features the Town could add to make the new toddler play area more accessible and friendly for special needs
children in Trophy Club, while doing so within the previously approved budget, footprint and previously planned
play structure. She added that these features can be used and loved by all kids with typical and atypical abilities.
Michelle Lunday,2810 Castlereach Street, presented their recommendations, which included: replacing two of the
current six swings in the toddler play area with accessible swings that provide more support; removing the near
vertical rock-like wall with no hand rail and replacing it with steps that have a handrail; replacing one of the two
planned springer animals for the toddler play area with an airplane accessible springer that will provide more back
support;and adding a music-based, low to ground,sensory wall or four a la carte panels.
Tiffany Nimphius,214 Fresh Meadow Drive,stated that they are reviewing fundraising opportunities to help include
special needs playground equipment for future parks.
There was conversation that the budget is approximately $80,362, which included the additional allocated $8,000,
along with interest savings from the 2010 General Obligation Bonds.
Council Member Rowe recommended adding their proposed steps with handrails and keep the rock-like wall in
order to substitute it for the green footprint ladder to help make the entire design more accessible.
Town Council Minutes May 23, 2016 Page 4 of 7
Council Member Shoffner complimented the residents for their presentation and inquired what funds were
available for their recommendations.
Mrs. Nimphius stated that they are not necessarily adding to the budget but replacing some items with their
recommendations,and Mrs. Lunday advised that their delta did not include shipping.
Motion:
Motion made by Mayor Pro Tern Lamont, seconded by Council Member Parrow, not to exceed the amount of
$80,362 for the purchase and installation of a toddler playground and shade structure for Harmony Park.
Motion passed unanimously.
10. Consider and take appropriate action regarding the Capital Improvements Project program(Staff).
Assistant Town Manager/CFO Glickman presented the Fiscal Year 2017 Capital Improvement Plan,which included
the following: Debt Model Snapshot; Comprehensive Review's; Funding Options Examined; Proposed Bond
Funding; Anticipated Completed Projects; Projects in Progress; Projects that would begin in Fiscal Years 2017,
2018,2019;2020,and 2021;and Decision Points.
Discussion took place regarding the budgeted amount for the Veterans Memorial and the possibility for the Trophy
Club Women's Club to contribute funds to go towards the five obelisks.
Council Member Shoffner inquired about doing seam-to-seam repairs for Creekmere Drive verses a full
reconstruction.
Development Services Manager Cooke stated that C graded street repairs are typically done through panel
replacements and he pointed out that often times it is better to reconstruct the entire street to coincide with
needed drainage repairs.
Discussion took place that the delay of the Independence Park West scoreboards was due to the Baseball
Association providing a proposed list of possible capital projects that the Town could partner with them.
Council Member Rowe commented that the scope of Trophy Club Drive reconstruction, from Durango Drive to
Bobcat Boulevard,could possibly be reduced since a portion was poured in the early 2000's.
Mayor Sanders commented that he would like to see a plan for the parking at Trophy Wood Drive before Council
considered the location and how much parking was needed. Additionally, he was in favor of moving up the
Freedom Park automatic gate system.
Council Member Shoffner was in favor of putting additional funds towards higher traffic streets and extending the
life out of the lower traffic streets.
No action was taken on this item.
11. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for June 14,2016 meeting;and discussion of the Town Council Future Agenda Items
list,to include discussion of the below item from the Future Agenda Items list:
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Town Council Minutes May 23, 2016 Page 5 of 7
A) Item No.9-Discussion of Trophy Club Park concept plan.(Sanders 2/23/2016)(1-May 24,2016)
Mayor Sanders requested to remove Item No. 9, Consider and take appropriate action regarding an Agreement
between the Town and Highlands HOA for irrigation maintenance on medians, from the June 14, 2016 Council
agenda since direction was provided to staff how to proceed. Additionally, he requested to take off Item No. 12,
Receive an update from Staff regarding exploring regulations and guidelines to allow for golf cart use and parking
in Town parks,from the regular agenda since a meeting with the Sports Subcommittee was scheduled to occur.
After being asked about the duties of the Building Standards Commission, Development Services Manager Cooke
stated that the Commission gives an individual the ability to make an appeal before them regarding the Building
Official's decision.
EXECUTIVE SESSION
12. 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 551.071 Consultation with Attorney under Subsection (1) when the governmental body seeks
the advice of its attorney about pending or contemplated litigation and Subsection (2)for consultation
with its attorney on a matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act(551.071(1)and (2)):
Legal advice regarding fire and emergency medical services,Interlocal Agreements with the Trophy Club
Municipal Utility District No. 1 for Fire Department Services,Personnel Services,and related matters.
B. Section 551.072 Deliberations regarding 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
C. Section 551.087 Deliberations regarding Economic Development Negotiations to discuss or deliberate
the offer of financial or other incentives to a business prospect that the Town seeks to have locate
within the territory of the Town:
Potential Projects and Incentives
D. Section 551.074 Personnel Matters to discuss or deliberate the appointment,employment, evaluation,
reassignment,duties,discipline or dismissal of a public officer or employee:
Animal Shelter Advisory Board, Building Standards Commission, Crime Control & Prevention District
Board,and Economic Development Corporation 4B.
CONVENED INTO EXECUTIVE SESSION-START TIME—9:20 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—11:07 P.M.
RECONVENED INTO REGULAR SESSION
13. Consider and take appropriate action regarding the Executive Session.
Agenda Item 12(A)Motion:
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to direct the Town Manager to
explore the financial impact of the Town absorbing the Fire Department, including the Fire Station and all assets,
and to set a Special Council meeting within the next two weeks to discuss and provide direction.
Town Council Minutes May 23, 2016 Page 6 of 7
Council Member Shoffner advised that assets would include anything Fire related that the Town would absorb if
there was outstanding debt,such as the fire truck and fire equipment. In his opinion,the Town needed to explore
the financial impact to take over the responsibility of the Fire Department since the Town has tried to resolve the
issue with the Trophy Club Municipal Utility District No. 1 regarding Fire personnel.
Council Member Rowe desired one reporting structure for the Fire Department and stated that the chain of
command is highly important for public safety.
Mayor Pro Tem Lamont stated that the Town should take on the debt as currently on the books and that the
residents of the Town should not have to pay fair market value for assets they already own.
Council Member Reed commented that he believed that it would be in the best interest of the residents to have
the Fire and EMS personnel reporting to one entity.
Council Member Parrow commented that the Council is trying to come up with the best solution and provide the
residents with the best public safety service.
Mayor Sanders believed that Fire and EMS needed to report to one entity and he advised that the Council was
requesting financial data in order to give direction to move forward.
Discussion took place that the Special Council meeting would be held on June 7,2016.
The vote was taken.
Motion passed unanimously.
Agenda Item 12(C)Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to direct the Town Manager to
development a parking plan for the Trophy Wood district contingent upon the signing of an agreement between
Old Town Development and the restaurant developer.
Council Member Reed stated that he would like for the area in front of the Town Hall to have some green space
along with some parking.
The vote was taken.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn the meeting at 11:24
p.m. Motion passed unanimously.
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Holly Fimbre.,Town Secret ,2"MO C.C. Nick Sanders, Mayor
Town of Trophy Club,Tex.-. Town of Trophy Club,Texas
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Town Council Minutes May 23,2016 Page 7 of 7