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Minutes TC 10/08/2019 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,OCTOBER 8,2019 7:00 P.M. LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 8, 2019. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Eric Jensen Mayor Pro Tern, Place 2 Alicia L. Fleury Council Member, Place 1 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Michael Geraci Council Member, Place 5 STAFF PRESENT: Wade Carroll Interim Town Manager Tony Jaramillo Director of Parks and Recreation David Dodd Town Attorney Jill Lind Communications and Marketing Manager Holly Fimbres Town Secretary/RMO Mike Pastor Information Services Manager Patrick Arata Police Chief Lisa Payne Town Planner Kevin Arrington Firefighter/EMT-P Brian Peters Firefighter/EMT-P Greg Boos Fire Driver/Engineer Eric Sampson Firefighter/EMT-P Gary Cochran Interim Fire Chief Gary Sipes Fire Captain/Training Coordinator Shereen Contrereas Community Service Officer Sara Stockstrom Firefighter/EMT-P Cheryl Davenport Interim Director of Finance Tommy Uzee Director of Community Development April Duvall Chief Financial Analyst Steve Woodard Police Captain Ernest Gillespie Senior Accountant Steve Zieverink Information Services Specialist Mayor Sanders announced the date of October 8, 2019, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Director of Parks and Recreation Jaramillo. The Pledges to the American Flag and Texas Flag were led by Council Member Monger. 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. Lisa Wust,with Community Storehouse located in the City of Fort Worth, presented information on their service to provide charity to children that were from low income families within the school districts of Northwest, Carroll, and Keller. In 2018, Community Storehouse served almost 5,000 children and provided over 107,000 services. This past year, Community Storehouse provided services to 423 children in about 100 households within the Town of Trophy Club. The program assists with educational and wellness programs, and helps with the resource gap when schools cannot step in. Programs include after school and weekend programs, book clubs and an in-house facilities program, with a focus on literacy and helping children succeed in the classroom. Community Storehouse partners with local businesses and area churches to provide food and clothing for the children, weekend snacks, monthly groceries for families, and Dignity Closets providing hygiene items to be distributed throughout the schools. Community Storehouse works close with the Trophy Club citizens and families to provide services for their children and invites the Town Council to tour their facility. Jeffrey Ramsbottom, 2826 Exeter Drive,spoke regarding the parking ordinance from 3:00 a.m.to 5:00 a.m. He was not against the ordinance but felt there was room for adjustments. The original ordinance was created for street cleaning when there were about 2,000 citizens within the Town. He has a garage that will hold one vehicle, two cars fit on his driveway and he has four drivers within his household. With the limited space, this has created a problem when his children are home visiting. He received a citation but there should be options available such as two day permits, a seven to 10 day permit during Spring Break, or up to 90 day permits during the summer months. Currently his children come home twice a month on top of the holiday season. Mr. Ramsbottom presented a proposal to adjust the parking permit ordinance. ANNOUNCEMENTS AND REPORTS 1. Receive Interim Town Manager Carroll's Update and provide input regarding the following(W.Carroll): • Service Award Ceremony—An Employee Service Awards Ceremony would be held on Monday, October 14, 2019 at 8:30 a.m. in the EOC Room to recognize employees for their five, 15 and 20 years of services. Employees include Sergio Vargas, Thad Johnson, Luis Gonzalez and Samuel Barron for five years, Mike Pastor for 15 years,and Tony Simmons for 20 years. • Town Manager Reception — Citizens were invited to attend a Meet and Greet Reception for the newly hired Town Manager Steve Norwood on Tuesday, October 29, 2019 at HG Sply from 5:00 and 7:30 p.m. 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. 2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated September 24,2019(W.Carroll). 3. Consider and take appropriate action regarding the financial and variance report dated August 2019 (W. Carroll). 4. Consider and take appropriate action regarding a Resolution providing the written consent of the Town of Trophy Club for a 1.0055 acre tract of land situated in the J. Michael Survey, Abstract No. 821, Town of Trophy Club, Denton County,Texas to be annexed into the boundaries of the Trophy Club Municipal Utility District No. 1;and providing an effective date(W.Carroll). 5. Consider and take appropriate action regarding a Requisition Request for procurement of Tyler Technology (Incode);and authorizing the Mayor or his designee to execute all necessary documents(W.Carroll). Motion: Motion made by Mayor Pro Tem Jensen, seconded by Council Member Fleury, to approve Consent Agenda Items No.2 through No.5. Motion carried unanimously 6-0-0. Town Council Minutes October 8,2019 Page 2 of 6 REGULAR SESSION 6. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2019 as Bullying Prevention Month in Trophy Club; and providing an effective date (Mayor Sanders and Council Member Fleury). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Council Member Monger, to approve Proclamation No. 2019-21, recognizing October 2019 as Bullying Prevention Month in Trophy Club;and providing an effective date of October 8, 2019. Motion carried unanimously 6-0-0. Mayor Sanders presented Community Service Officer Shereen Contrereas with the proclamation. 7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2019 as Breast Cancer Awareness Month in Trophy Club; and providing an effective date(Mayor Sanders and Council Member Fleury). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019- 22, recognizing October 2019 as Breast Cancer Awareness Month in Trophy Club; and providing an effective date of October 8, 2019. Motion carried unanimously 6-0-0. Sarah Hamp thanked Council Member Fleury for inviting her to accept the proclamation. She was diagnosed in February 2018 and realized there was a lack of social support networks to connect with other local survivors. Within a few days of creating a private Facebook support group page, she found 20 survivors that lived in the area and they were scheduled to have their first meeting on October 12, 2019 at the Beauty Hive in Roanoke from 4:00 to 6:00 p.m. This group will encourage and empower each other during their journey and have created the group name The Pink Life. Mayor Sanders presented Sarah Hamp with the proclamation. 8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2019 as National Domestic Violence Awareness Month in Trophy Club; and providing an effective date (Mayor Sanders and Council Member Fleury). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019- 23, recognizing October 2019 as National Domestic Violence Awareness Month in Trophy Club; and providing an effective date of October 8,2019. Motion carried unanimously 6-0-0. Town Council Minutes October 8,2019 Page 3 of 6 9. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 6-12, 2019 as Fire Prevention Week in Trophy Club;and providing an effective date(W. Carroll). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019- 24, recognizing October 6-12, 2019 as Fire Prevention Week in Trophy Club; and providing an effective date of October 8, 2019. Motion carried unanimously 6-0-0. Mayor Sanders presented the Trophy Club Fire Department with the proclamation. Interim Town Manager Carroll remarked that the Fire Department would be hosting an Open House on Saturday, October 19, 2019. Police Chief Arata advised that School Resource Officer Jeff Annillo lost their home the night before due to a fire. Gifts and donations were being accepted and a Go Fund Me page would be setup in the next few days. Council Member Fleury announced that the Trophy Club Emergency Volunteers Association (TCEVA)was accepting online donations for the Annillo family and they were accepting clothing and other donated items at the Town Hall, and the Fire and Police Departments. 10. Recognition of Interim Director of Finance Cheryl Davenport for her service that she provided to the Town of Trophy Club(W.Carroll). Interim Town Manager Carroll recognized Interim Director of Finance Davenport for her recent work on the fiscal year budget. She holds 26 years' experience and did an outstanding job assisting during the budget process. He thanked Ms. Davenport for her dedication and hard work. Mayor Sanders thanked Ms. Davenport for her service and leadership and provided her with a plaque. Council Member Fleury thanked Ms. Davenport for doing an excellent job. 11. Referred Agenda Item-Case RP-19-001(Section 1,Lots 12R-1&12R-2) Consider and take appropriate action regarding a request for a replat for the purpose of splitting one residential lot into two residential lots containing approximately 0.567 acres of land and generally located on the northeast corner of Palmetto Court and Oakmont Drive(W.Carroll). Town Planner Payne stated that the purpose of this item was to consider approval of a residential replat to split one lot into two lots on Palmetto Court. The strategic link was Nature and Beautification - Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town. The proposed replat splits the property on the corner of Palmetto Court and Oakmont Drive and meets the Town's Subdivision Regulations and Zoning Requirements. Several neighbors spoke against the proposal at the Planning and Zoning(P&Z) Commission meeting and the Town Council meeting, and produced a petition to protest the replat. The petition requires a super majority vote, which mandates six out of seven Council Members must vote in favor of the replat, if this was to be approved. The P&Z Commission unanimously approved the replat in June 2019 and the Town Council continued the public hearing in July 2019 in order for Staff to hold a Neighborhood Meeting. The meeting was held on August 14, 2019 and the residents left understanding that the replat approval was a ministerial duty per State law and residents have the authority to enforce their Covenants and Restrictions because the Town could only enforce Town ordinances. At the August 27, 2019 Council meeting, the Town Council closed the public hearing and referred this agenda item to the October 8, 2019 Council meeting to provide time for legal issues between neighbors regarding the Covenants and Restrictions to be resolved. The proposed replat conforms to the Town Council Minutes October 8,2019 Page 4 of 6 State law as well as the Town's Subdivision Regulations and Zoning Requirements. Additionally, Staff recommended approval of the replat. Brian Denby, applicant,was present to address any questions. Mayor Pro Tern Jensen stated that this was one of the most difficult cases submitted to the Council since his time serving on Council. It was important that each decision made be in compliance with State law and Town ordinances. It was the Council's duty to follow the Town ordinance and after many discussions, nothing had been proven otherwise;therefore the Council must follow the Town ordinance. Motion: Motion made by Mayor Pro Tern Jensen, seconded by Mayor Sanders, to approve Case RP-19-001 (Section 1, Lots 12R-1 & 12R-2), a request for a replat for the purpose of splitting one residential lot into two residential lots containing approximately 0.567 acres of land and generally located on the northeast corner of Palmetto Court and Oakmont Drive. Mayor Sanders inquired if a super majority vote was based on Council Members present. Town Attorney Dodd responded that it was based on the body and not on how many members of Council were present. Council Member Bone remarked that he had spoken with a couple of real estate attorneys and although he was disappointed in the answer, the Town's due diligence was performed for the citizens and it was the Council's duty to approve the case. The vote was taken. Motion carried unanimously 6-0-0. 12. Discussion of items for Future Agendas to include agenda items for consideration on the October 22, 2019 Council agenda and items from the Town Council Future Agenda Items list(H. Fimbres). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Council Member Shoffner requested to add the following item to the Town Council Future Agenda Items list: Task the Town Attorney and Planning and Development Department to identify all Town situations that allow citizen petition where ministerial duty is required. Mayor Sanders agreed to add the item. Council Member Bone requested to add the following item to the Town Council Future Agenda Items list: Review potential revisions to the overnight parking ordinance specific to temporary parking permits in order to incorporate suggestions made by citizen Mr. Ramsbottom. Mayor Sanders agreed to add the item. EXECUTIVE SESSION 13. Pursuant to the following designated section of the Texas Government Code,Annotated,Chapter 551(Texas Open Meetings Act),the Council convened into executive session to discuss the following: A) Section 551.072 Deliberation regarding Real Property to discuss or 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: Town Council Minutes October 8, 2019 Page 5 of 6 North of State Highway 114,east of Trophy Club Drive and west of Town limits (Mayor Pro Tern Jensen and Council Member Shoffner) (Town Secretary Note:Council did not enter into Executive Session) RECONVENED INTO REGULAR SESSION 14. Consider and take appropriate action regarding the Executive Session(W.Carroll). No action was taken on this item. ADJOURNMENT Mayor Sanders adjourned the meeting at 7:43 p.m. ROp / Holly Fimbre ,Town Secretary 0 191— C. Nick Sanders, Mayor Town of Tr phy Club,Texas � 0Town of Trophy Club,Texas h vARY Town Council Minutes October 8,2019 Page 6 of 6