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Minutes TC 03/27/2018 - Joint and Regular Session TOWN OF TROPHY CLUB TOWN COUNCIL JOINT SESSION MINUTES TUESDAY,MARCH 27,2018,7:00 P.M. LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Joint Session on Tuesday, March 27, 2018. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C.Nick Sanders Mayor Rhylan Rowe Mayor Pro Tem, Place 3 Alicia L.Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 Tim Kurtz Council Member, Place 4 Greg Lamont Council Member,Place 5 Philip Shoffner Council Member, Place 6 ECONOMIC DEVELOPMENT CORPORATION(EDC)4B MEMBERS PRESENT: Sean Bone President Michael Richmond Secretary/Treasurer Travis Inge Director Jared Hall Director Steve Flynn Director Cory McDonald Director EDC 4B MEMBERS ABSENT: Chris Whipple Director TAX INCREMENT REINVESTMENT ZONE(TIRZ)NO.1 PRESENT: Sean Bone Chairperson Jared Hall Vice Chairperson Travis Inge Board Member Cory McDonald Board Member TIRZ NO.1 ABSENT: Rebecca Barksdale Board Member,Tarrant County Official STAFF PRESENT: Tom Class Town Manager Anita Otterson Administrative Assistant David Dodd Town Attorney Mike Pastor Information Technology Manager Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative Services Wade Carroll Fire Chief Tommy Wee Director of Community Development Tony Jaramillo Director of Parks and Recreation John Zagurski Budget Manager Amber Karkauskas Director of Finance Steve Zieverink Information Technology Specialist Mayor Sanders announced the date of Tuesday, March 27, 2018,called the Town Council Joint Session meeting to order and announced a quorum at 7:03 p.m. The Invocation was offered by Senior Pastor Barry Clingan with The Church at Trophy Lakes. The Pledges to the American Flag and Texas Flag were led by Boy Scout Troop 328. 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. Jim Carter, 1005 Roadrunner Road, Bartonville, Texas, advised that he was running for Denton County Commissioner Precinct 4 and announced that early voting would be from May 14th through May 18th for the Primary Runoff with Election Day voting on May 22nd. 1. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing November 12-18, 2018, as World Antibiotic Resistance Awareness Week in Trophy Club; and providing an effective date(Mayor Sanders). Mayor Pro Tem Rowe read the proclamation into the record. Motion: Motion made by Mayor Pro Tern Rowe, seconded by Council Member Fleury,to approve Proclamation No. 2018- 04, recognizing November 12-18, 2018, as World Antibiotic Resistance Awareness Week in Trophy Club; and providing an effective date of March 27,2018. Motion passed unanimously 7-0-0. Comfort Ajiboye,Xyan Evagelista, Nichole Sum,and Stephanie Garcia(the Community Awareness Team for Health Occupations Students of America representing Byron Nelson High School) provided a brief presentation that included Antibiotic Resistance causes and prevention. EXECUTIVE SESSION 2. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act),the Council will convene into executive session to discuss the following: A) Section 551.087 Deliberation regarding Economic Development Negotiations under Subsection (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and Subsection (2) to deliberate the offer of a financial or other incentive to a business prospect that the Town seeks to have locate within the territory of the Town: Potential Projects and Incentives(T.Class) CONVENED INTO EXECUTIVE SESSION-START TIME—7:23 P.M. RECONVENED INTO JOINT SESSION-START TIME—7:51 P.M. JOINT SESSION 3. Consider and take appropriate action regarding the Executive Session(H.Fimbres). No action was taken on this item. COUNCIL CONVENED INTO REGULAR SESSION AT 7:57 P.M. ANNOUNCEMENTS AND REPORTS 4. Receive Town Manager Class'update and provide input regarding the following(T.Class): • Back to Nature Event—Held on March 17th at Trophy Club Park with approximately 500 in attendance. Town Council Joint Session Minutes March 27,2018 Page 2 of 8 • Staffing—Jill Lind was hired as the Communications and Marketing Manager and will begin on April 9th and Steve Woodard was hired as the new Police Captain of the Patrol Division and will begin on April 2nd. Additionally, he announced that Police Cadets Trey Richardson and Levi Cobler graduated from the Police Academy and were sworn in as Police Officers. 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. 5. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated February 27,2018(H.Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 6. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club,Texas, approving a tariff authorizing an annual Rate Review Mechanism (RRM) as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code,and as negotiated between Atmos Energy Corp., Mid-Tex division (Atmos Mid-Tex or Company) and the Steering Committee of Cities served by Atmos; requiring the Company to reimburse Cities' reasonable ratemaking expenses; adopting a savings clause; determining that this Ordinance was passed in accordance with the requirements of the Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the Company and legal counsel for the Steering Committee(J.Phillips). 7. Consider and take appropriate action regarding the financial and variance report dated January 2018 (A. Karkauskas). 8. Case TUP-18-005(TCWC Community Garage Sales) Consider and take appropriate action regarding a request from Trophy Club Women's Club for a Temporary Use Permit by Special Privilege to allow two community garage sales in calendar year 2018(L.Payne). 9. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing March 17, 2018,as Arbor Day in Trophy Club;and providing an effective date(T.Jaramillo). 10. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, amending Subsections (f) and (g) of Section A1.014, Water and wastewater fees for Public Improvement District No. 1,of Appendix A,Fee Schedule,of the Town's Code of Ordinances;and providing a penalty and effective date(T.Uzee). Council Member Shoffner requested to remove Agenda Items No.8 and No.10 from the Consent Agenda. Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve the Consent Agenda Items 5 through 7 and Consent Agenda Item No.9. Motion passed unanimously 7-0-0. REGULAR SESSION 8. Case TUP-18-005(TCWC Community Garage Sales) Consider and take appropriate action regarding a request from Trophy Club Women's Club for a Temporary Use Permit by Special Privilege to allow two community garage sales in calendar year 2018(L.Payne). Council Member Shoffner inquired if Town Staff had informed the applicant that it was their responsibility to pick up signs after each garage sale because it appeared that in prior year garage sales the Parks personnel had absorbed that responsibility. Director of Parks and Recreation Jaramillo responded that the requirement for removal of garage sale signs was addressed at the Special Event Review Committee meeting with the applicant. Town Council Joint Session Minutes March 27,2018 Page 3 of 8 Council Member Shoffner also wanted to ensure that clarification was made that the Police Department was not responsible for the enforcement of individual permits. Motion: Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Rowe, to approve Case TUP-18-005 (TCWC Community Garage Sales), a request from Trophy Club Women's Club for a Temporary Use Permit by Special Privilege to allow two community garage sales in calendar year 2018. Motion passed unanimously 7-0-0. 10. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, amending Subsections (f) and (g) of Section A1.014, Water and wastewater fees for Public Improvement District No. 1,of Appendix A,Fee Schedule,of the Town's Code of Ordinances;and providing a penalty and effective date(T.Uzee). Council Member Shoffner requested that Town Staff research governmental rates for water and wastewater in order for the Town to work with the Trophy Club Municipal Utility District (TCMUD) No. 1 Board of Directors to discuss the merits of accepting governmental rates. As of April 1,2018,residential wastewater rates would remain the same but the monthly commercial wastewater volumetric rate would be increased. He explained that the Town was one of the largest commercial water and wastewater consumers and this increase would greatly affect the Town(one of which would be the Community Pool since the facility used over 2.3 million gallons of water last year). Motion: Motion made by Council Member Shoffner,seconded by Council Member Jensen,to approve Ordinance No.2018- 07, amending Subsections (f) and (g) of Section A1.014, Water and wastewater fees for Public Improvement District No. 1, of Appendix A, Fee Schedule, of the Town's Code of Ordinances; and providing a penalty and effective date of March 27,2018. Council Member Lamont remarked that Byron Nelson High School was another top consumer and that it may be appropriate to encompass them with a governmental rate. The vote was taken. Motion passed unanimously 7-0-0. 11. Consider and take appropriate action regarding the acceptance of the Audit for the Town of Trophy Club, Fiscal Year 2017(A.Karkauskas and Louis Breedlove,Audit Manager with BrooksWatson&Co.). Director of Finance Karkauskas announced that the Town had another successful audit and she introduced Louis Breedlove,Audit Manager with BrooksWatson&Co. Mr. Breedlove presented the Fiscal Year 2017 Audit,which included the following:Overview of the Audit Process; Comprehensive Annual Financial Report(CAFR);Components of the CAFR; Independent Auditor's Report; Financial Highlights;Town Revenues—Governmental Activities;Town Expenditures—Governmental Activities;Statement of Revenues, Expenditures, and Changes in Fund Balance;Schedule of Revenues, Expenditures, and Changes in Fund Balance;Statement Revenues, Expenditures and Changes in Net Position; and Schedule of Changes in Net Pension Liability and Related Ratios. Additionally, he advised that the Town was issued an Unmodified Opinion,which was the highest level of assurance. Mayor Sanders advised that the Council Budget Subcommittee reviewed the information and that their inquiries had been addressed. Motion: Motion made by Mayor Pro Tern Rowe,seconded by Council Member Lamont,to accept the Audit for the Town of Trophy Club,Fiscal Year 2017. Motion passed unanimously 7-0-0. Town Council Joint Session Minutes March 27,2018 Page 4 of 8 RECESSED AT 8:22 P.M.FOR A BREAK RECONVENED AT 8:30 P.M.INTO REGULAR SESSION 12. Receive an update from Town Staff and take appropriate action regarding the proposed Loop Road (T. Class). Town Manager Class provided a recap from the February 13, 2018 Council meeting and advised that the Corp of Engineers'2001 Lake Grapevine Masterplan was proposed in order to minimize the number of easements granted once Environmentally Sensitive Areas (ESA) were established. The Corp later placed the following restrictions on easements where ESA's were established: 1. Requests would only be granted when no practical alternative exists. 2. Requests must have the least identifiable environmental and visual impact. 3. Requests must consider routing the easement to adjacent land outside the ESA when possible. Factors the Corps uses to determine a "demonstrated need"for easements in ESA's: 1. Whether there was adjacent private land outside the ESA that could be utilized for the easement(Trophy Club Country Club).If yes,chances were virtually none for approval according to Corps representatives. 2. Whether the proposed roadway qualifies as a regional arterial (traverses multiple jurisdictions). If no, chances were virtually none for approval according to Corps representatives. 3. Whether there was a demonstrated "public safety" need. According to Corps representatives, public safety was not a significant factor in overriding the ESA designation especially when adjacent private land exists. Criterion No. 1:Recent discussions with the Trophy Club Country Club General Manager indicated a willingness to consider an easement on Country Club property; however, any modification that would negatively impact the overall integrity of the course or require a change to the Hole No. 8 on the Whitworth course would likely not be approved. Any request for consideration would require a legal review and ultimately approval by the Senior Vice President of Club Corp. Criterion No.2:The proposed roadway would not qualify as a regional arterial as it was solely contained within the Trophy Club Town limits and therefore does not traverse multiple jurisdictions. Fire Chief Carroll discussed Criterion No. 3 and advised that he and Police Chief Arata researched, evaluated, and compiled critical information related to emergency response times and the Town's emergency evacuation plan in an effort to establish a demonstrated "public safety need." "High hazard" response was also evaluated, but no significant impact to the Town's overall public safety posture was identified. It was determined that no commercial establishments within the Town, including the TCMUD No. 1 Water Treatment Facility, stored enough hazardous material to require a Tier II document listing the hazardous product and describing the hazard. It was recognized that response times were critical to the successful outcome of all emergency events. In the event of cardiac or respiratory arrest, patients have only four (4) to six (6) minutes for definitive care to be administered before irreversible damage was done to the brain and other organs; dramatically decreasing the chances of survivability and/or returning to relative quality of life. The response time to administer definitive care or treatment intervention was critical in all EMS related emergencies to ensure a chance for better outcomes. Also, quick response times are critical in fire emergencies. For example, in a structure fire uncontrolled burning approximately doubles in size each minute, with flash over in the room of origin occurring in approximately 10 minutes. Flash over occurs when the ignition of all products of combustion (smoke) and the remaining contents were in a room all at once. Once flash over occurs anyone remaining in the room would not survive and the chances of containing the fire to the room of origin significantly decreases. Police emergencies are no different in that response times are critical to successful incident resolution. Generally, a three (3) to six (6) minute response time for most incidents was acceptable. The standard protocol for the Town's Police Department was to maintain a staffing level of two officers per shift; one officer assigned to each side of Town. Should it become necessary for one officer to respond outside of his/her area to the other side of Town Council Joint Session Minutes March 27,2018 Page 5 of 8 Town, and depending upon the original location and destination, a response time of nine (9) to 13 minutes was expected.Specific response times were also dependent on the type of response(non-emergent or code(lights and siren)). Record analysis further revealed the following police specific response times: 1. Town Hall to 2814 Trophy Club Drive:4.9 miles, 12 minutes(non-emergent),seven(7)minutes(code). 2. Town Hall to 650 Indian Creek Drive:2.6 miles,eight(8)minutes(non-emergent),four(4)minutes(code). 3. 652 Indian Creek Drive to 2804 Trophy Club Drive: 6.7 miles, 18 minutes (non-emergent), 11 minutes (code). Response times from the Fire Station to the furthest north regions of the district off of Trophy Club Drive average six(6) minutes and 30 seconds,with response times to the further north regions of the district off of Indian Creek Drive virtually the same. There were few data points that could be compiled for fire units responding from one side of Town to the other,but in the instances where data was available,response times averaged 12 minutes. In the Town's current Emergency Operation Plan, evacuation routes for the Town require residents to utilize one of four exit strategies: 1. Trophy Club Drive to Bobcat Boulevard,to the Marshall Creek/Highway 377 exit; 2. Trophy Club Drive to the Trophy Lake Drive/Highway 114 exit; 3. Indian Creek Drive to Trophy Wood Drive/Highway 114 service road exit;or 4. Trophy Club Drive to the Highway 114 exit. The addition of the Loop Road would allow a secondary exit for residents in the event of a natural disaster, hazardous material incident,or other emergency obstructing through traffic on either Trophy Club Drive or Indian Creek Drive. Residents could also be temporarily impacted by motor vehicle accidents obstructing the roadway or structure fires requiring a supply line connected to fire hydrants that were only on the south and east side of Indian Creek Drive. These obstructions could last up to two (2) to three (3) hours and would limit both resident vehicular traffic and emergency response to affected areas. Although the addition of the Loop Road would enhance emergency service to Town residents by potentially decreasing response times from one side of Town to the other, and increase the ability of residents to evacuate the Town in the event of a natural disaster or other emergency causing road blockage,the number of data points supporting the known decrease in response times make the reliability of the projected times very low. The low number of data points also suggested that the probability of the need for response to and from these locations was also low. However just as in the case of a natural disaster,although probability was low,the impact to Town residents and Town infrastructure could be significant should such an event occur. Mayor Sanders recommended that Town Staff discuss with the Corp of Engineers the potential of trading Town land adjacent to Corp property for Corp property. LuAnne Oldham,2535 Roseville Drive,stated that she had served as a real estate specialist for a major municipality and she now served as a consultant. She believed that the first "demonstrated need" for easements in ESA's regarding adjacent private land would be difficult to overcome. She also believed that there was a demonstrated "public safety" need for the Loop Road. She was concerned about the matter of"public safety" because response times were just as critical on medical calls as on fire incidents. For instance if a resident experienced a heart attack and stopped breathing or a child drowned in a pool within Abbey Moor,a six(6)to seven(7)minute response time would be unacceptable given that in the event of cardiac or respiratory arrest, patients only have four(4)to six(6) minutes for definitive care to be administered before irreversible damage was done to the brain and other organs. The National Fire Protection Association (NFPA) illustrates that four (4) minutes was the best response time and seven (7) minutes was the worst case. She explained that there were different elements for response times from the time the initial call was received, processing of the call,the turnout of the unit that would respond,and travel time. She inquired if the response times that Fire Chief Carroll had provided included the total response time for emergency personnel to be located at the incident site. Section 1710 of the NFPA Code suggests that the deployment standard objective for a Fire Department would be 240 seconds or less for the travel time of a unit of a first responder with automatic external defibrillator or higher level capability. She concluded by stating that Town Council Joint Session Minutes March 27,2018 Page 6 of 8 there was a valuable asset in the Country Club land, the Town had a public necessity for the completion of the Loop Road based on the inability to have a first responder arrive at an incident within four (4) minutes, and the Town should move forward with the acquisition of land rights. Fire Chief Carroll thanked Ms. Oldham and advised that she was accurate with the information she provided. He stated that the NFPA desired to have response times at four(4) minutes and 30 seconds within 90 percent of all responses. The presented response times were only for travel time and did not include the initial call processing, EMS in route times,or in route times for structure fires. Motion: Motion made by Council Member Jensen, seconded by Mayor Pro Tem Rowe, to direct Town Manager Class to proceed with an appeal and approval of moving forward with the Loop Road. Mayor Pro Tem Rowe explained that the Council attempts to achieve the best possible public safety coverage for Town residents. Council considers each request that either the Police or Fire Department presents as a budget need for their departments, although typically the requests were not supported by many data points. The Loop Road serves as a similar instance where Staff had a low number of data points to demonstrate the known decrease in response times if the Loop Road was in place. However, Staff could review other best practices for designing transportation and thoroughfare plans in a high density residential area because it would show that the Town was not near in compliance with those practices since there were several miles of arterial roads throughout the Town with about half a mile where they do not intersect. The Town's original plan was to construct the Loop Road, connecting Trophy Club Drive and Indian Creek Drive,which predated the ESA policy of the Corp and the 2001 Lake Grapevine Masterplan. Council Member Shoffner stated the Town was in a unique situation with only having one Fire Station. He recognized the need for the Loop Road in order to provide the best response times and safety measures given the complexity of the Fire or Police Department receiving a call within Abby Moor and then their next call out being across Town within Canterbury Hills. He supported the motion and to pursue the appeal process. Mayor Sanders supported the motion and stated that there was evidence that the Loop Road was originally planned to be built. The safety factor of the response drive times potentially placed residents at risk in a life or death situation. Council Member Lamont supported the motion. Council Member Fleury supported the motion and stated that the safety aspect should be the basis for the appeal because every second counts in life or death situations. The vote was taken. Motion passed unanimously 7-0-0. 13. Discussion of items for Future Agendas to include agenda items for consideration on the April 10, 2018 Council agenda and items from the Town Council Future Agenda Items list(H.Fimbres). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. A) Item No. 2 - Discussion of Green Ribbon grants for the beautification along the sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-September 13, 2016) (3-December 13, 2016) (4-March 14,2017) (5-September 12,2017) (6-March 27,2018) Council Member Fleury requested to add an item to the April 10, 2018 Council agenda for the feasibility or need for a possible No U-Turn sign before the Roundabout on Trophy Lake Drive. Town Council Joint Session Minutes March 27,2018 Page 7 of 8 Council Member Jensen requested to receive an update regarding the traffic study that was approved at the December 12, 2017 Council meeting for Bobcat Boulevard and Trophy Club Drive; Parkview Drive and Bobcat Boulevard;and Durango Drive and Trophy Club Drive. ADJOURN Mayor Sanders adjourned the meeting at 9:07 p.m. Holly Fimbr-s,Town Secreta , C.Nick Sanders,Mayor Town of Trophy Club,TexasJi! Town of Trophy Club,Texas tt ' �. c Y 1 , Town Council Joint Session Minutes March 27,2018 Page 8 of 8