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Agenda Packet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own CouncilPage 1 of 341Meeting Date: March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own CouncilPage 2 of 341Meeting Date: March 8, 2016  !"#$!%&'1//.&!2"32/!4515(%*">"?<@A @<M \[=+@4>-)H!=!)+R9+";&4=-#"$'!;+;#4$!44#-"->R9+";&\[=+@4>-)$-"4#;+)&=#-"-" ?<@AN@@PN =.+!%$-@#"9G+9!'&):+44#-"0-!"$#'R9+";&>-) &)$.77276@++=#"9?&"; ;#4$!44#-"->=.+,-8"0-!"$#'H!=!)+R9+";&\[=+@4'#4=2=-#"$'!;+;#4$!44#-"->=.+ 1+'-8#=+@4>)-@=.+H!=!)+R9+";&\[=+@4'#4=V RY\[=+@\\-AF0-"4#;+)&";=&K+&%%)-%)#&=+&$=#-")+9&);#"94#9"&9+#"@+;#&"4&= ,)-%./0'!1()#*+2,)-%./C--;()#*+2\[";#&"0)++K&";%-44#1'/\]-1$&=A ^:&";+)45_77_7`Y^FQ$=7X27`Y^7FH+127aY^PF &/727aY^` FR!9!4=27aY^aF(+$+@1+)X27aY^6F &)$.X276Y \]Y\[=+@\\-A7FG+*#+8-);#"&"$+4)+9&);#"9,-8"J-@+420-";-4&";&%&)=@+"=4A ^:&";+)4X_`_7`Y^F\\-*P27`Y^7FH+17`27aY^PF &/7627aY^`FR!9!4= 27aY^aF(+$+@1+)X27aY^6F &)$.X276Y 0Y\[=+@\\-APF(#4$!44#-"->%-44#1'+!4+4->.-=+'-$$!%&"$/=&3>!";42#"$'!;#"9=.+ &1#'#=/=-!4+=.+>!";4>-),)-%./0'!1T&)KA^b&@-"=&";c!)=W`_`_7aY^FN!'/ `27aY^7F(+$+@1+)X27aY^PF &)$.X276Y (Y\[=+@\\-A`F(#4$!44#-"&";&$=#-")+'&=+;=-=-8"9&)&9+_4%+$#&'_+4=&=+_@-*#"9 4&'+42+=$A^:&";+)4`_7X_7aY^FN!'/7X27aY^7F(+$+@1+)X27aY^PF &)$. X276Y LY\[=+@\\-AaFL4=&1'#4.&)+4+)*+%-'#$/>-),)-%./0'!1T&)KA^:&";+)4a_76_7aY ^FR!9!4=7a27aY^7F(+$+@1+)X27aY^PF &)$.X276Y  !"#$%& &)$.77276S%$-@#"9R9+";&A%;> \[=+@4>-)H!=!)+R9+";&4!%;&=+;PFF76A%;> -S-#GIJ-"6-66ICF @@M T!)4!&"==-,+3&4E-*+)"@+"=0-;+2R""-=&=+;2:!1$.&%=+)aa20-!"$#'8#'' ?<@AN@?<N $-"*+"+#"=-$'-4+;+3+$!=#*+4+44#-"&4&!=.-)#W+;1/V RA:+$=#-"aaA5d0-"4!'=&=#-"8#=.R==-)"+/e!";+):!14+$=#-"^Y8.+"=.+ 9-*+)"@+"=&'1-;/4++K4=.+&;*#$+->#=4&==-)"+/&1-!=%+";#"9-) $-"=+@%'&=+;'#=#9&=#-"&";:!14+$=#-"^7Y>-)$-"4!'=&=#-"8#=.#=4&==-)"+/-"& @&==+)#"8.#$.=.+;!=/->=.+&==-)"+/=-=.+E-*+)"@+"=&'\]-;/!";+)=.+ (#4$#%'#"&)/G!'+4->T)->+44#-"&'0-";!$=->=.+:=&=+\]&)->,+3&4$'+&)'/ $-">'#$=8#=.=.+Q%+" ++=#"94R$=^aaA5^Y&";^7YYA b+9&'&;*#$+)+9&);#"9>#)+&";+@+)9+"$/@+;#$&'4+)*#$+42\["=+)'-$&' R9)++@+"=48#=.=.+,)-%./0'!1 !"#$#%&'S=#'#=/(#4=)#$=\\-A>-)H#)+ (+%&)=@+"=:+)*#$+4&";)+'&=+;@&==+)4A D-#CFJ-F-"IFC"D-KGB3D"6-66ICF @?M 0-"4#;+)&";=&K+&%%)-%)#&=+&$=#-")+9&);#"9=.+L3+$!=#*+:+44#-"A ?<@AN@?@N 3ETCGDF U"*/" !"#$!%&'"95+"%!7/!/"&!."/V/%$.&7/"0/00&!"."4&0%$00")0./4"&./90"50" 5'' /4",+".*/"/V50"C)/!"1//.&!2"3%."BK#MRR@M<:@ Town CouncilPage 3 of 341Meeting Date: March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own CouncilPage 4 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2016-118-T1 Type:Status: Agenda ItemRegular Session File created:In control: 2/29/2016Town Council On agenda:Final action: 3/8/2016 Title: Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Trophy Club Women’s Club Garage Sale - Tentative Dates *RFQ for entryways, signage, etc. *Town Hall Groundbreaking Event Date *Volunteer Dinner Attachments: DateVer.Action ByActionResult Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Trophy Club Women’s Club Garage Sale - Tentative Dates *RFQ for entryways, signage, etc. *Town Hall Groundbreaking Event Date *Volunteer Dinner Town CouncilPage 5 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-108-T1 File #: Version:Name: Agenda ItemConsent Agenda Type:Status: 2/27/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding the Minutes dated January 29 and 30, 2016. Title: Draft TC Retreat Minutes January 29 and 30 2016.pdf Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the Minutes dated January 29 and 30, 2016. Town CouncilPage 6 of 341Meeting Date: March 8, 2016 MINUTES FROM TOWN COUNCIL/MANAGEMENT RETREAT FOR THE TOWN OF TROPHY CLUB LOCATION: Trophy Club Country Club 500 Trophy Club Trophy Club, TX 76262 Friday, January 29, 2016 at 1:30 P.M. Saturday, January 30, 2016 at 9:00 A.M. The Town Council of the Town of Trophy Club and the Town of Trophy Club Management Team, Texas, met in a Retreat Session on Friday, January 29, 2016 and Saturday, January 30, 2016. 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 Carmel Fritz Human Resources Manager Mike Pastor Information Services Director April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Mayor Sanders announced the date of Friday, January 29, 2016, called the Town Council to order and announced a quorum at 1:46 p.m. (Town Secretary Note: The agenda items were presented in the following order on January 29, 2016, Item No. 1 and Item No. 6. The agenda items were presented in the following order on January 30, 2016: Item No. 3; Item No. 8; Item No. 2; Item No. 5; Item No. 4; and Item No. 7) CONVENE INTO COUNCIL RETREAT SESSION 1. Discussion of and provide direction regarding Capital Improvement Projects and funding; discussion of same. Town Manager Seidel revised the Debt Model Snapshot and the Comprehensive Park review. Council Member Shoffner requested to identify items that only baseball and soccer use, for example soccer lights at Harmony Park. Town CouncilPage 7 of 341Meeting Date: March 8, 2016 Assistant Town Manager/CFO Glickman discussed lights for practice fields at Harmony Park, near Indian Creek, with potential grant funding from US Soccer Federation. Discussion took place that Lakeview is designed for soccer and that currently does not have lighting, and if Harmony Park had lights for practice fields, it would help circulate players to other fields. Council Member Rowe commented that he would prefer to maximize the use of the land as opposed to investing further funds. Assistant Town Manager/CFO Glickman discussed re-crowning at Harmony Park sports fields with irrigation improvements. Discussion took place that the Town has a rough estimate regarding this item, received through preliminary discussions with engineers. Council Member Shoffner believed that a little more attention to Harmony Park would go a long way, for example seeding. Council Member Rowe inquired about a long term dirt program that would incorporate grading and fertilization. Discussion took place to possibly review a method to sand the grass in order to benefit the fields. Assistant Town Manager/CFO Glickman discussed a paved gravel parking lot and trail into Harmony Park. Council Members Rowe and Reed were in favor of proceeding with concrete items because the cost of concrete continues to increase. Assistant Town Manager/CFO Glickman discussed resurfacing the tennis courts and adding pickle ball striping at Harmony Park. Council Members Rowe and Reed were in favor of the tennis courts item. Assistant Town Manager/CFO Glickman discussed replacing the chain link fence off Indian Creek with wrought iron and adding bleachers at Harmony Park. There was consensus to move forward with the wrought iron fence and the consensus was not to add bleachers at Harmony Park. Mayor Sanders received consensus to use funds from the 2010 bonds that were for bleacher replacement to do fence replacement at Harmony with wrought iron. Town Manager Seidel explained that the soccer association has a portable building that is used for storage of flags and other items. He inquired if the Council desired to build a storage facility in its place. Council Members Shoffner and Reed were in favor of expanding the existing building. Mayor Sanders received consensus to remove the existing bleachers and that no funding be applied for new bleachers. Assistant Town Manager/CFO Glickman discussed installing a new parking lot between the Veterans Memorial and Independence Park West. Council Members Reed and Shoffner were in favor of moving forward with the Veterans Memorial going by what had previously been approved by Council and to install a parking lot. Mayor Sanders received consensus to apply funds to complete the previous Council authorized Veterans Memorial plan and install the parking lot using hotel occupancy tax (HOT) funds. Assistant Town Manager/CFO Glickman discussed resurfacing the tennis court at Independence Park West. Mayor Sanders received consensus to move forward with resurfacing the tennis court. Town Council Minutes January 29 and 30, 2016 Page 2 of 7 Town CouncilPage 8 of 341Meeting Date: March 8, 2016 Council Member Parrow discussed the Town pursing a piece of steel from one of the towers from September 11th in order to incorporate it into the Veterans Memorial. Mayor Sanders received consensus to pursue the steel piece to be installed at the new Police Department. Assistant Town Manager/CFO Glickman discussed installing a new shade structure to go over the existing playground at Independence Park West. Mayors Sanders received consensus that TCR Youth Baseball Association fund the shade structure for Fields No. 2 and No. 4 and that they fund new scoreboards at Independence Park West. Assistant Town Manager/CFO Glickman discussed a facility upgrade and repair at Independence Park West consisting of painting and retrofitting the bathrooms. Mayor Sanders received consensus to move forward with the facility upgrade and repair at Independence Park West. Town Manager Seidel discussed installing a dock on Pond No. 2 at Linear Trail. Mayor Sanders received consensus not to proceed with the dock on Pond No. 2. Town Manager Seidel stated that he would obtain a cost estimate to remove the piers. Council Member Reed commented that if the expense is significant to remove the piers, it may make more sense to install a dock. Assistant Town Manager/CFO Glickman discussed building a pavilion in the open space next to the retention pond at Linear Trail. Discussion took place to incorporate into a long term plan portions of the Linear Trail and open space that were not under water during the flood. Assistant Town Manager/CFO Glickman discussed installing an aerator on the large pond at Linear Trail and improving the trail entrance into Trophy Club Park. Mayor Sanders received consensus to install an aerator on the large pond and improve the trail entrance into Trophy Club Park by installing a kiosk and a large landing at the trail head. Town Manager Seidel discussed replacing the current Lakes trails with concrete trails. Council Member Reed was in favor of proceeding and also reviewing the cost of a six foot trail verses an eight foot trail. Assistant Town Manager/CFO Glickman discussed redesigning the trail near the entrance to the Shanklin property. Discussion took place to verity the legal instrument of the property. RECESSED AT 3:47 P.M. FOR A BREAK RECONVENED AT 4:02 P.M. INTO RETREAT SESSION Assistant Town Manager/CFO Glickman reviewed extending the splash pad entry shade structure, installing a shade structure on the splash pad decking, installing two small pavilions that can be reserved, and resurfacing the large pool at the Community Pool. Town Council Minutes January 29 and 30, 2016 Page 3 of 7 Town CouncilPage 9 of 341Meeting Date: March 8, 2016 Mayor Sanders received consensus to hold off on extending the splash pad entry shade structure; received consensus to proceed with installing a shade structure on the splash pad decking; received consensus not to install two small pavilions that can be reserved; and received consensus to resurface the large pool at the Community Pool. Assistant Town Manager/CFO Glickman reviewed installing an automated gate entry system to the dog park at Freedom Park. Mayor Sanders received consensus to install an automated gate entry. Town Manager Seidel discussed making Freedom Park the west side version of Harmony Park. Council Member Rowe was in favor of incorporating the item into a future concept plan. Council Member Reed commented that he would be in favor of taking advantage of building a park at the former gas well site. Town Manager Seidel stated that he would identify locations and bring back to Council with cost estimates. Town Manager Seidel reviewed installing wrought iron border fencing along the creek at Lakeview Park and inquired how Council would like to proceed with the remaining portion of Lakeview. Discussion took place to explore powder coated verses steel wrought iron border fencing along the creek. Additional discussion ensued regarding further evaluation being done of bullpen artificial turf and drainage improvements, and that further review be done regarding installing a sand volleyball court at Independence Park East. Mayor Sanders received consensus not to proceed with building a new pavilion at Independence Park East. Town Manager Seidel discussed installing a drive approach, parking lot, and nature themed playground with shade structure at Canterbury Hills. Mayor Sanders recommended that the Parks and Recreation Board provide direction on this site. Town Manager Seidel reviewed funding options from the sports associations, operations, capital replacement, grants, and bonds. He presented the latest street and drainage project estimates specific to Trophy Club Drive, Indian Creek Drive, Phoenix Drive, and Trophy Lake Drive. Additionally, he reviewed future street and drainage projects. Discussion took place to pursue grant funding and county funding for Trophy Club Drive from the Roundabout to Meadow Creek. Council Member Shoffner was in favor of using HOT funds for Trophy Lake Drive and entry monument signage. Town Manager Seidel concluded by discussing other projects, bond funding, and the debt model snapshot. 6. Discussion of and provide direction regarding Comprehensive Use Plan; discussion of same. Town Manager Seidel discussed options for a Comprehensive Use Plan. He advised that later this year a request for qualifications would be done to seek a consultant to manage the process. Town Council Minutes January 29 and 30, 2016 Page 4 of 7 Town CouncilPage 10 of 341Meeting Date: March 8, 2016 ADJOURN Mayor Sanders recessed the meeting at 5:34 p.m. on Friday, January 29, 2016, and stated that the Council will reconvene at 9:00 a.m. on Saturday, January 30, 2016. RECONVENED INTO COUNCIL RETREAT SESSION - SATURDAY, JANUARY 30, 2016 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 Patrick Arata Police Chief Mayor Sanders announced the date of Saturday, January 30, 2016, called the Town Council to order and announced a quorum at 9:08 a.m. 3. Discussion of and provide direction regarding Public Safety to include Police, Fire, and EMS; discussion of same. Police Chief Arata provided an update regarding Police Department operations and future proposed budget requests for administrative support and an evidence technician, as well as impact of Trophy Club development and regional development. Additionally, he discussed the progress and planning for the new K-9 unit. Mayor Sanders received consensus to proceed with public relations regarding the success of the K-9 program; and received consensus to have quarterly Police reports presented at Council meetings and afterwards be published on the Town website. Police Chief Arata provided an update regarding the School Resource Officer program and advised that the Absent Student Assistance program has been dissolved. Additionally, he discussed the possible opportunity of having the City of Roanoke provide the Towns dispatch services. Council Member Shoffner was in favor of exploring the City of Roanoke providing dispatch services for the Town. Town Manager Seidel commented that there may be incremental cost to the operating budget by transitioning to Roanoke’s dispatch services. Police Chief Arata reviewed the volunteer program regarding active members and increasing their involvement with the Towns auction and scanning of Police documents. He stated that they are evaluating hosting a Citizen’s on Patrol Academy that would be provided once a month. Mayor Sanders received consensus to have new Town hires introduced at a Council meeting to allow the Council to meet them. Town Council Minutes January 29 and 30, 2016 Page 5 of 7 Town CouncilPage 11 of 341Meeting Date: March 8, 2016 RECESSED AT 10:32 A.M. FOR A BREAK RECONVENED AT 10:43 A.M. INTO RETREAT SESSION Mayor Sanders received consensus to have an organizational chart, with employee photos, be provided to the Council. Town Manager Seidel advised that coordination is being made regarding part-time employees and the average number of hours they work during a week because of the new Affordable Care Act. Mayor Sanders requested a meeting be coordinated to meet with the TCMUD No. 1 President and General Manager and appropriate Town Staff to discuss the Fire Department personnel services. 8. Discussion of and provide direction regarding Open Carry; discussion of same. Council Member Parrow advised that he had initiated this item to allow for Council direction. Town Manager Seidel discussed the requirements of the Open Carry 30.07 signage and the Concealed Carry 30.06 signage. Mayor Sanders received consensus to post the 30.07 signage and received no objection to not posting 30.06 signage. 2. Discussion of and provide direction regarding Town Hall and facilities; discussion of same. Town Manager Seidel stated that estimates for the Trophy Club Town Hall have come in higher than the original estimates, specific to the site work and building, and advised that Staff is reviewing options to reduce the overall cost. He requested Councils direction regarding obtaining additional funding from the Crime Control and Prevention District (CCPD) budget. Council Members Rowe and Shoffner were in favor of GSBS continuing to identify items that can be scaled back, such as the voting system in the Council Chambers. Assistant Town Manager/CFO Glickman advised that a notice of intent would have to be presented before Council regarding CCPD funding. Mayor Sanders received consensus to have the Town Manager meet with GSBS regarding the Councils concerns regarding estimates coming in considerably higher than their original estimates; received consensus to wait to pursue additional CCPD funding of the 2015 Certificates of Obligation; and received consensus to review the possible scaling down of outside construction items on the back side of the facility in order to save additional funds. RECESSED AT 12:31 P.M. FOR LUNCH RECONVENED AT 1:52 P.M. INTO RETREAT SESSION 5. Discussion of and provide direction regarding Fiscal Year 2017 Budget Goals, Objectives, and Strategy Map; discussion of same. Town Manager Seidel stated that the Strategy Map will be presented at the February 9, 2016 Council meeting, which is an annual requirement. Additionally, he inquired if the Council had any budget items they wished to discuss for the upcoming budget. Town Council Minutes January 29 and 30, 2016 Page 6 of 7 Town CouncilPage 12 of 341Meeting Date: March 8, 2016 Discussion ensured regarding an expected increase in revenue from property taxes due to new homes being constructed and keeping the tax rate steady in order to maintain the reserve level. Council Member Kurtz recommended the possibility of communicating to Town residents through Trophy Life Magazine the long term budget and project plans. Council Member Rowe commented that he would like to see the effect of reducing the tax rate by half a cent. Mayor Sanders received consensus to budget the tax rate at the current level but to also show the effect of a one cent tax rate decrease. RECESSED AT 3:48 P.M. FOR A BREAK RECONVENED AT 3:58 P.M. INTO RETREAT SESSION 4. Discussion of and provide direction regarding Economic Development; discussion of same. Discussion took place to review the Planned Development 30 document and exceptions. 7. Discussion of and provide direction regarding Roles and Responsibilities of Town Staff and Legal, Town Attorney use of outside legal services; discussion of same. Mayor Sanders discussed that this item was to provide direction and receive input regarding full time legal services or the possibility of using outside legal services or a paralegal to assist Town Attorney Adams. Discussion took place regarding the Legal Department wears multiple hats and it could better serve the Town to have the Department full time verses part-time. The Council discussed possibly forming a committee to review in further detail the multiple options in order to make the best decision to move forward. The Council requested to have her quarterly report come before Council during an Executive Session. Additionally, they discussed having her review at the February 23, 2016 Council meeting and forming a subcommittee to work with her in order to move forward. ADJOURN Mayor Sanders adjourned the meeting at 5:04 p.m. on Saturday, January 30, 2016. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes January 29 and 30, 2016 Page 7 of 7 Town CouncilPage 13 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-109-T1 File #: Version:Name: Agenda ItemConsent Agenda Type:Status: 2/27/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding the Minutes dated February 9, 2016. Title: Draft TC Minutes February 9, 2016.pdf Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the Minutes dated February 9, 2016. Town CouncilPage 14 of 341Meeting Date: March 8, 2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, February 9, 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 Tuesday, February 9, 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 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 Mike Pastor Information Services Director April Reiling PIO/Marketing Manager Ron Ruthven Town Planner Mayor Sanders announced the date of Tuesday, February 9, 2016, called the Town Council to order and announced a quorum at 7:01 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Mayor Pro Tem Lamont. 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. Town CouncilPage 15 of 341Meeting Date: March 8, 2016 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. 1. Consider and take appropriate action regarding the Minutes dated January 12, 2016. (Town Secretary Note: Approved as presented at the dais) 2. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County Elections for administration of the Town’s May 7, 2016 General and Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. 3. Consider and take appropriate action regarding an Ordinance repealing subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town and adopting a new subsection “B”, “Stop Signs”, of Section 2.03 “Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code to designate stop intersections throughout the Town and authorizing the placement of stop signs at those intersections; providing for the incorporation of premises; providing for an amendment; providing for a cumulative repealer clause, providing for a severability clauses, providing for a publication clause; providing a penalty not to exceed two hundred dollars ($200); providing for an engrossment and enrollment clause; and providing an effective date. (Town Secretary Note: Approved as presented at the dais) 4. Consider and take appropriate action regarding the Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. 5. Consider and take appropriate action to award a contract to IPS Advisors, LLP to serve as the Insurance Broker for the Town; and authorizing the Town Manager to negotiate and execute all necessary documents. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 1 through 5. Motion passed unanimously. PUBLIC HEARING 6. Conduct a public hearing regarding a request for a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant located within Planned Development No. 25, on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP-16-007. Mayor Sanders opened the public hearing at 7:07 p.m. There was no one present that wished to speak regarding the item. 7. Conduct a public hearing regarding a request to amend Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD-AMD-16-046. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:08 p.m. Town Council Minutes February 9, 2016 Page 2 of 10 Town CouncilPage 16 of 341Meeting Date: March 8, 2016 REGULAR SESSION 8. Consider and take appropriate action regarding a Proclamation of the Town Council declaring February 16, 2016 as Dennis McCreary Day in the Town of Trophy Club. Council Member Parrow read the proclamation into the record. Motion: Motion made by Council Member Parrow, seconded by Council Member Kurtz, to approve Proclamation No. 2016- 01, declaring February 16, 2016 as Dennis McCreary Day in the Town of Trophy Club. Motion passed unanimously. 9. Consider and take appropriate action regarding a Resolution expressing the Towns support for a Texas Department of Transportation project regarding improvements to State Highway 114 between U.S. Highway 377 and Interstate 35W; and providing an effective date. Town Manager Seidel advised that this item expresses the Town’s support of additional lanes to State Highway (SH) 114 as well as improvements to be made to SH 114 between U.S. Highway 377 and Interstate 35W. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Resolution No. 2016-03, expressing the Town’s support for a Texas Department of Transportation project regarding improvements to SH 114 between U.S. Highway 377 and Interstate 35W; and providing an effective date of February 9, 2016. Don Boy, 5 Shasta Drive, inquired about the time frame for the proposed project. Nancy Cline, TxDOT Denton County Area Engineer, stated that the schematic design is expected to be approved by October 2016; therefore, it should be completed in 2017 or 2018. Nelson Underwood, TxDOT Project Manager, added that the schematic design is almost complete for a section of Highway 170 over Parish Lane and will be open to traffic no later than 2018. The vote was taken. Motion passed unanimously. 10.Receive presentation by Texas Department of Transportation regarding construction of a sound wall along State Highway 114 in conjunction with the reconstruction and widening of the highway; discussion of same. Nancy Cline, TxDOT Denton County Area Engineer, provided an update regarding the SH 114 project, which included area maps, the project description, and schedule. She commented that the construction let date is July 2016 and plans have to be received in Austin by May 2016. She provided two options for the sound wall location, which was to either place it in TxDOT right-of-way or the Town’s right-of-way. John Polster, with Innovative Transportation Solutions, Denton County Transportation Consultant, clarified that the residents that are affected by the sound wall will be able to vote on a color and texture and that the Town will be able to vote on the traffic side of the wall. Discussion took place that the Town would encourage those residents that are affected by the wall to extend their side yard fence to the sound wall. Council Member Rowe pointed out that if not all the affected residents extended their side yard fence that would leave potential for the Town to have to maintain those three foot sections that were not accessible. Town Council Minutes February 9, 2016 Page 3 of 10 Town CouncilPage 17 of 341Meeting Date: March 8, 2016 Nelson Underwood, TxDOT Project Manager, commented that if the wall were to be placed on the back property line that would complicate the project because they would have to maintain agreements from all the affected residents, which would compromise their construction let date of July 2016. Mrs. Cline commented that TxDOT was seeking input from the Council regarding the wall location. Council Member Parrow stated the he would lean towards the three foot option and have the affected residents contacted to make them aware that they will have the ability to vote on the surface and that they will be able to extend their side yard fence to the sound wall. Council Member Reed commented that he did not have a preference. Council Member Rowe abstained because his preference was not listed. Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Kurtz were in favor of the three foot option. Council Member Shoffner was in favor of the three foot option but he would like Staff to present options to mitigate those issues for affected residents at a future date. Mrs. Cline suggested that Staff meet with TxDOT representatives to discuss the fence material and color. Council Member Rowe requested that they be cognizant if the color is applied by paint because he did not want to create a maintenance issue for the affected residents. Mr. Polster clarified that the residents that would be contacted would be those that were identified through the noise analysis as benefit receptors to the project. He advised that those residents will be able to choose from basic form liners that the State offers at no additional cost and that they will be able to choose from a set palette of colors. Mayor Sanders thanked Mrs. Cline, Mr. Underwood, and Mr. Polster for their presentation. 11. Consider and take appropriate action regarding the Trophy Club Veterans Memorial; receive an update from the Trophy Club Women’s Club; discussion of same. Connie White, Chair of the Trophy Club Women’s Club, advised that a letter had been sent to individuals who purchased bricks. She provided an update regarding the Memorial, which included: a brief history of the project; up-to-date financials; overall design exhibit; symbolism and functionality of the architecture; proposed phasing; Phase I – Core; Phase II – Next Circle; Phase III – Outer Circle; Phase IV – Extend across Trail; TCWC’s Plan; Veterans Committee Structure; Roles and Responsibilities of both Veterans Committee and Town; Impact of the Memorial; and Next Steps. Additionally, she displayed renderings of each proposed phasing. Discussion took place that the flagpole cost that Mrs. White presented was specific to the materials and that the Town provided the installation and labor portion of the flagpole. Additional conversation took place regarding the difficult task it would be for the TCWC to raise approximately $81,000 to complete Phase I and that the previously approved Phase I had not been completed. Council Member Shoffner commented that he believed that the Town should proceed with completing the project as it was previously approved and build a parking lot that would service both the Memorial and the baseball facility. Discussion took place that there was a design that was previously approved and that the Council was not approached about expanding the project. Town Council Minutes February 9, 2016 Page 4 of 10 Town CouncilPage 18 of 341Meeting Date: March 8, 2016 Mayor Sanders commented that he was in favor of the Veterans Memorial being a Town project with cooperation with another entity, with a document of understanding of who will carry the liability and proceed with the award of bid. Mrs. White commented that TCWC were seeking approval for Phase I as presented on February 9, 2016. Mayor Pro Tem Lamont commented that he believed that the Town will eventually have to take over the project; therefore it would be in the best interest for the Town to finish the original phase. Council Member Rowe pointed out that the Town owns the land and provides maintenance. He was concerned that a concept plan had been marketed without the Council’s approval, which could have potentially affected taxpayers of the Town by making this a larger concept. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, that the Town complete the original approved design, add a sidewalk to connect the Memorial to the west sidewalk, change the mulch to turf, and add a parking lot tasking Staff to utilize hotel occupancy tax (HOT) funds. Council Member Shoffner stated that TCWC can approach the Council to expand the project at a future date but he desired the Council to complete the original design that was approved in 2012. Council Member Parrow stated that he was in favor of the Town overseeing the project and being supported by TCWC for the benefit of the veterans. Bill Splichal, resident and U.S. Army Veteran, stated that the veterans needed to be notified of this item to allow them to discuss their preference for the Memorial. Council Member Parrow recognized Mr. Splichal for his service and stated that he was a true hero who fought in World War II, the Korean War, and fought and maintained the Remagen Bridge, and survived the Battle of the Bulge. Donna Allen, with TCWC, stated that her husband, son, and son-in-law have all served and protected the Country. She advised that grants are being researched to possibly be used towards the Memorial project. She added that she has enjoyed the patriotism that the Town displays and that her husband served as the Grand Marshall this past year during the Parade of Patriots. Don Boy, 5 Shasta Drive, stated that the Memorial needed to honor veterans like Mr. Splichal and exhibit the respect that it deserved. He appreciated the cost and responsibilities that were provided by Mrs. White but he was interested in the cost that is readily available to meet those obligations. Mayor Sanders thanked TCWC and Stars and Stripes Club for all their efforts they have provided regarding the project. He stated that the Council was trying to accomplish the best option for everyone involved and to make the project successful. Mrs. White stated that TCWC would like to proceed with Phase I as presented on February 9, 2016 and that they will continue to raise funds. She recognized that their fundraising goal is large but they had to have a design in order to market the project. Mayor Pro Tem Lamont pointed out that HOT funds have limited use but they can be used towards the project. Council Member Reed stated that the Council owed it to the veterans and community to complete the Memorial and make it more cost effective to maintain. Town Council Minutes February 9, 2016 Page 5 of 10 Town CouncilPage 19 of 341Meeting Date: March 8, 2016 The vote was taken. Motion passed unanimously. Mayor Sanders thanked Mrs. White for her presentation and the residents for their comments. RECESSED AT 9:17 P.M. FOR A BREAK RECONVENED AT 9:26 P.M. INTO REGULAR SESSION 12. Consider and take appropriate action regarding an Ordinance approving a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant located within Planned Development No. 25, on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP-16-007; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2016-03 P&Z, approving a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant located within Planned Development No. 25, on Lot 2-R2, Block B, Trophy Wood Business Center located at 3000 State Highway 114, Case SUP-16-007; and providing an effective date of February 9, 2016. Drew Martin, with DM2 LLC, representative of OTD TC, LLC, stated that the restaurant theme is New Orleans based and that he would address any questions. The vote was taken Motion passed unanimously. 13. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD-AMD-16-046; and providing an effective date. Town Planner Ruthven advised that the item was for a zoning amendment that allowed the screening wall to be built as proposed, which will be a seven foot wall to be constructed adjacent to Bobcat Boulevard. He added that if the Council approved the zoning as it is currently proposed, an Interlocal Agreement for maintenance requirements and a Right-of-Way Encroachment Agreement would be presented at a future Council meeting. Additionally, he stated that there would be a one foot waiver for the fence height and that the Planning and Zoning (P&Z) Commission approved the item on January 21, 2016 with the following conditions: 1.That The Town Council approve an interlocal agreement with Roanoke requiring and specifying maintenance requirements and aesthetics of the wall. 2.That the Town Council review and determine if there should be a determination of value for the portion of right-of-way to be utilized for the fence and that value charged to the City of Roanoke. Dennis Sheridan, Chair of the P&Z Commission, stated that the plans the Commission reviewed was for a seven foot wall. He advised that he voted against the item because there was a similar stone wall by the water tower that he believed was unattractive. Additionally, he stated that the Zoning Board of Adjustment have been issuing waivers to residents allowing for a double fence who back up to a similar wall in Canterbury Hills. Cody Petree, Director of Community and Business Development with the City of Roanoke, 265 Marshall Creek, Roanoke, stated that they chose the proposed location because it was done as a large project for several subdivisions. He advised that Oncor would not allow the fence under their utility lines and after meeting with the gas company, they relinquished their easement. He added that the five feet off the common boundary would Town Council Minutes February 9, 2016 Page 6 of 10 Town CouncilPage 20 of 341Meeting Date: March 8, 2016 allow them to maintain the area and that Roanoke had already purchased the fence. Additionally, he stated that it was Oncor’s preference to have removable panels in case they needed access. Council Members Shoffner and Reed were in favor of the two Town Managers collaborating to come to an agreement of a concept that matches the Bob Cat area, such as a brick wall. Scooter Gierisch, Mayor of Roanoke, explained that Roanoke started a Neighborhood Vitality program and that they already had two successful neighborhoods with the same proposed masonry wall. He advised that Roanoke agreed to maintain the wall and requested that the Council move forward with the proposed wall, which would help improve the area. Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Ordinance No. 2016-04 P&Z, amending Ordinance No. 2007-11 P&Z, PD Planned Development District No. 28, in order to allow a screening wall to be constructed adjacent to Bobcat Boulevard along the common boundary of the City of Roanoke and the Town of Trophy Club on property owned by the Northwest Independent School District and within the right-of-way for Bobcat Boulevard, Case PD-AMD-16-046; and providing an effective date. Discussion took place regarding the possibility that the wall could affect future Town development decisions. The vote was taken. Motion failed for lack of majority 1-6-0 with Mayor Sanders voting for, and Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting against. 14. Consider and take appropriate action regarding an Ordinance for Codification of Town Ordinances, repealing Ordinance No. 2006-14 and adopting a new Code of Ordinances of the Town of Trophy Club providing for effectiveness and repeal; providing ranges of penalties for violations with a maximum fine of $200 for violations of traffic laws, a maximum fine of $500 for violations of ordinances or police regulations, except that a maximum fine of $2,000 shall be imposed for a violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation; providing for publication; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Ordinance No. 2016- 05, repealing Ordinance No. 2006-14 and adopting a new Code of Ordinances of the Town of Trophy Club providing for effectiveness and repeal; providing ranges of penalties for violations with a maximum fine of $200 for violations of traffic laws, a maximum fine of $500 for violations of ordinances or police regulations, except that a maximum fine of $2,000 shall be imposed for a violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation; providing for publication; and providing an effective date; established a pig licensing fee of $5 per animal and established registration certificate for commercial establishment for dangerous wild animals of $50 per establishment. Council Member Parrow inquired about “Parts Fall/Spring” regarding Park Operational Hours within the Summary of Amendments. Town Manager Seidel advised that it was based upon daylight savings time when parks are open from dawn to dusk. The vote was taken. Motion passed unanimously. Town Council Minutes February 9, 2016 Page 7 of 10 Town CouncilPage 21 of 341Meeting Date: March 8, 2016 15. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-25 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming existing appointments; and providing an effective date. Mayor Sanders stated that on behalf of the Town Council Appointments Committee there were several excellent candidates but only one seat was available. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Resolution No. 2016-01, repealing Resolution No. 2015-25 and appointing Tiffany Nimphius to fill one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming existing appointments; and providing an effective date. Council Member Rowe commented that there were a number of qualified candidates. The vote was taken. Motion passed unanimously. 16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-39 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date. Motion: Motion made by Mayor Sanders, seconded by Council Member Rowe, to approve Resolution No. 2016-02, repealing Resolution No. 2015-39 and appointing Jack Ormond to fill one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date. Motion passed unanimously. 17. Consider and take appropriate action regarding amendments to the Town Council Rules of Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner) Council Member Shoffner reviewed proposed recommendations regarding amendments to the Rules of Procedure specific to the following sections: Section 1.03.031, Authority; Section 1.03.035, Order of business; agenda; Section 1.03.037, Rules of decorum; and Section 1.03.038, Parliamentary motions and precedence. Discussion took place that the Rules of Procedure apply to all Boards, Commission, and Corporations and the presiding officer of each meeting maintains decorum of that meeting. Council Member Shoffner suggested that the Rules of Procedure be an addendum to the Handbook for Elected and Appointed Officials. Mayor Sanders requested to have this item presented at the February 23, 2016 Council meeting to allow for further review of the proposed amendments. No action was taken on this item. 18. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *License To Carry class *TxDOT SH 114 and SH 170 meeting *Park Board recommendations regarding aquatic facilities *Seasonal employee hiring *Town Hall Town Council Minutes February 9, 2016 Page 8 of 10 Town CouncilPage 22 of 341Meeting Date: March 8, 2016 Town Manager Seidel updated the Council and addressed questions, no action was taken. Additionally, he requested further direction from the Council regarding the World Trade Center piece that was discussed at the Council Retreat specific to the location, intent of displaying the item, and the size. Discussion took place that the Trophy Club Fire Station would be the most appropriate location and that Council Member Parrow would approach the TCMUD No. 1 to see if there is any interest to pursue the piece of steel. 19. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for February 19, 2016 meeting and Special Called Council Agenda for February 23, 2016; and discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda 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. A) Item No. 8 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) Mayor Sanders requested to remove the following items from the Town Council Future Agenda Items list: Item No. 3: Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10, 2015) (2-January 29, 2016) Item No. 7: Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) Item No. 9: To open the Council Rules of Procedure. (Shoffner 11/10/2015) (1-February 9, 2016) EXECUTIVE SESSION 20. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: 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)). (1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. B. Section 551.087 Deliberation 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 and Section 551.071 (2) "Consultation with Attorney", for Consultation with the 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 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. C. Section 551.074(a)(1) Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Council Minutes February 9, 2016 Page 9 of 10 Town CouncilPage 23 of 341Meeting Date: March 8, 2016 (1) Town Attorney Patricia Adams terms of employment CONVENED INTO EXECUTIVE SESSION - START TIME – 10:48 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 1:24 A.M. RECONVENED INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 1:24 a.m. on February 10, 2016. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes February 9, 2016 Page 10 of 10 Town CouncilPage 24 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-110-T1 File #: Version:Name: Agenda ItemConsent Agenda Type:Status: 2/27/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding the Minutes dated February 19, 2016. Title: Draft TC Minutes February 19, 2016.pdf Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the Minutes dated February 19, 2016. Town CouncilPage 25 of 341Meeting Date: March 8, 2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Friday, February 19, 2016 at 5:30 P.M. Public Service Conference Room The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Friday, February 19, 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 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 Patrick Arata Police Chief Mike Pastor Information Services Director Mayor Sanders announced the date of Friday, February 19, 2016, called the Town Council to order and announced a quorum at 5:30 p.m. 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. 1. Consider and take appropriate action regarding financial and variance report dated January 2016. 2. Receive Annual Racial Profiling Report; discussion of same. 3. Consider and take appropriate action regarding an amendment to the Interlocal Cooperation Agreement between the Town and Denton County regarding County funding of road and drainage improvements for Indian Creek Drive from Creekmere Drive to Skyline Drive; and authorizing the Mayor or his designee to execute all necessary documents. Town CouncilPage 26 of 341Meeting Date: March 8, 2016 4. Consider and take appropriate action regarding a second amendment to the Interlocal Cooperation Agreement between the Town and Denton County providing County funding of road improvements for the roundabout at the intersection of Trophy Lake Drive and Trophy Club Drive and for the reconstruction of a section of Trophy Club Drive from Durango Drive; and authorizing the Mayor or his designee to execute all necessary documents. Motion made by Council Member Parrow, seconded by Council Member Reed, to approve the Consent Agenda Items 1 through 4. Motion passed unanimously. REGULAR SESSION 5. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Joint General Election to be held on May 7, 2016 for the purpose of electing one (1) Councilmember to Place No. 5 and one (1) Councilmember to Place No. 6 on the Trophy Club Town Council, each for a term of three (3) years respectively; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Motion: Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance No. 2016-06, ordering and calling a Joint General Election to be held on May 7, 2016 for the purpose of electing one (1) Councilmember to Place No. 5 and one (1) Councilmember to Place No. 6 on the Trophy Club Town Council, each for a term of three (3) years respectively; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Motion passed unanimously. 6. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Joint Special Election to be held on May 7, 2016 for the purpose of legalization of the sale of all alcoholic beverages including mixed beverages; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Attachment A – Certification of Petition Attachment B – Redacted Petition Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to approve Ordinance No. 2016-07, ordering and calling a Joint Special Election to be held on May 7, 2016 for the purpose of legalization of the sale of all alcoholic beverages including mixed beverages; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Motion passed unanimously. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Kurtz, to adjourn. Motion carried unanimously. Meeting adjourned at 5:36 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes February 19, 2016 Page 2 of 4 Town CouncilPage 27 of 341Meeting Date: March 8, 2016 Attachment A Certification of Petition Town Council Minutes February 19, 2016 Page 3 of 4 Town CouncilPage 28 of 341Meeting Date: March 8, 2016 Town CouncilPage 29 of 341Meeting Date: March 8, 2016 Attachment B Redacted Petition Town Council Minutes February 19, 2016 Page 4 of 4 Town CouncilPage 30 of 341Meeting Date: March 8, 2016 Meeting Date: March 8, 2016 Page 31 of 341 Town Council Meeting Date: March 8, 2016 Page 32 of 341 Town Council Meeting Date: March 8, 2016 Page 33 of 341 Town Council Meeting Date: March 8, 2016 Page 34 of 341 Town Council Meeting Date: March 8, 2016 Page 35 of 341 Town Council Meeting Date: March 8, 2016 Page 36 of 341 Town Council Meeting Date: March 8, 2016 Page 37 of 341 Town Council Meeting Date: March 8, 2016 Page 38 of 341 Town Council Meeting Date: March 8, 2016 Page 39 of 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Staff Report - Regional Mobile Crime Scene Unit Program.pdf Attachments: RES 2016-06 Regional Mobile Crime Scene Unit Program.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardingaResolutionapprovingthesubmissiontotheOfficeoftheGovernor, CriminalJusticeDivision,ofaGrantApplicationfortheRegionalMobileCrimeSceneUnitProgramforthe2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all necessary documents. Town CouncilPage 293 of 341Meeting Date: March 8, 2016 To: Mayor and Town Council From:Patrick Arata, Police Chief CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Regional Mobile Crime Scene Unit Grant Town Council Meeting, March 8, 2016 Agenda Item: Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Regional Mobile Crime Scene Unit Program for the 2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all necessary documents. Explanation: The Grant provides for the purchase of a fully equipped crime scene vehicle including digital cameras, computer, and crime scene equipment and three to five years worth of supplies. This Grant will provide up to $62,046.19 to the Police Department for the purchase of crime scene equipment and a vehicle. Attachments: Resolution No. 2016-06 Recommendation: Staff recommends Council approve the suggested Grant. Budget impact: There is no impact to the FY16 Budget. Page 1 of 1 Town CouncilPage 294 of 341Meeting Date: March 8, 2016 TOWN OF TROPHY CLUB RESOLUTION NO. 2016-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE REGIONAL MOBILE CRIME SCENE UNIT PROGRAM FOR THE 2016-2017 FISCAL YEAR: AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFECTIVE DATE. WHEREAS , The Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the Regional Mobile Crime Scene Unit to be operated in the 2016-2017 fiscal year; and WHEREAS . In the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application for the Regional Mobile Crime Scene Unit to the Office of the Governor, Criminal Justice Division; and WHEREAS , The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS , The Town of Trophy Club designates Stephen Seidel, Town Manager as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the Town of Trophy Club and to execute or name a designee to execute all necessary documents. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club hereby approves the submission of a grant application for the Regional Mobile Crime Scene Unit to the Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. Town CouncilPage 295 of 341Meeting Date: March 8, 2016 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 8thday of March 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2016-06 Page 2 of 2 Town CouncilPage 296 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-124-T1 File #: Version:Name: Agenda ItemConsent Agenda Type:Status: 3/2/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding a Resolution approving the submission to the Office of Title: the Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System Program for the 2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all necessary documents. Staff Report - Security Video Management System Program.pdf Attachments: RES 2016-07 Security Video Management System Program.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardingaResolutionapprovingthesubmissiontotheOfficeoftheGovernor, CriminalJusticeDivision,ofaGrantApplicationfortheSecurityVideoManagementSystemProgramforthe2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all necessary documents. Town CouncilPage 297 of 341Meeting Date: March 8, 2016 To: Mayor and Town Council From:Patrick Arata, Police Chief CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Security Video Management System Grant Town Council Meeting, March 8, 2016 Agenda Item: Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System Program for the 2016-2017 Fiscal Year: authorizing the Town Manager or his designee to execute all necessary documents. Explanation: The Grant provides for the purchase of video surveillance equipment to be installed in the new building police complex. This Grant will provide up to $36,255. Attachments: Resolution No. 2016-07 Recommendation: Staff recommends Council approve the suggested Grant. Budget impact: There is no impact to the FY16 Budget. Page 1 of 1 Town CouncilPage 298 of 341Meeting Date: March 8, 2016 TOWN OF TROPHY CLUB RESOLUTION NO. 2016-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE SECURITY VIDEO MANAGEMENT SYSTEM PROGRAM FOR THE 2016-2017 FISCAL YEAR: AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFECTIVE DATE. WHEREAS , The Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the Security Video Management Systemto be operated in the 2016-2017 fiscal year; and WHEREAS . In the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application for the Security Video Management Systemto the Office of the Governor, Criminal Justice Division; and WHEREAS , The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS , The Town of Trophy Club designates Stephen Seidel, Town Manager as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the Town of Trophy Club and to execute or name a designee to execute all necessary documents. NOW, THEREFORE BE ITRESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club hereby approves the submission of a grant application for the Security Video Management Systemthe Office of the Governor, Criminal Justice Division and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. Town CouncilPage 299 of 341Meeting Date: March 8, 2016 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 8thday of March 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2016-07 Page 2 of 2 Town CouncilPage 300 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-111-T1 File #: Version:Name: Agenda ItemRegular Session Type:Status: 2/29/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding design modifications of Trophy Club Town Hall; Title: discussion of same. Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding design modifications of Trophy Club Town Hall; discussion of same. Town CouncilPage 301 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-125-T1 File #: Version:Name: Agenda ItemRegular Session Type:Status: 3/3/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding an Ordinance amending Subsection f, Community Title: Pool Fees, within Section A1.012, Parks and Recreation and Special Events, of the Code of Ordinances of the Town of Trophy Club; and providing an effective date. Staff Report - Pool Fees.pdf Attachments: ORD 2016-08 Schedule of Fees - Community Pool Fees.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardinganOrdinanceamendingSubsectionf,CommunityPoolFees,within SectionA1.012,ParksandRecreationandSpecialEvents,oftheCodeofOrdinancesoftheTownofTrophyClub;and providing an effective date. Town CouncilPage 302 of 341Meeting Date: March 8, 2016 To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Adam Adams, Parks and Recreation Director Holly Fimbres, Town Secretary Re: Pool Fees Town Council Meeting, March 8, 2016 Agenda Item: Consider andtake appropriate action regarding an Ordinance amending Subsection f, Community Pool Fees, within Section A1.012, Parks and Recreation and Special Events, of the Code of Ordinances of the Town of Trophy Club; and providing an effective date. Explanation: At the February 23, 2016 Council Meeting the Council made several decisions related to pools fees. Below is a summary of what was approved: Remove non-resident fee structure Maintain the current fee structure for residents and guests – with the ability for residents to purchase daily passes for their guests To allow five season passes with the purchase of a family pass To provide a family pass to every board, commission and corporation member Staff has eliminated the non-resident fee structure, added a $4 single entry guest pass, eliminated non-Trophy Club business entry, and changed the family pass to include 5 passes. rd Pool rental rates, both resident and non-resident, were not discussed at the February 23, 2016 Council Meeting and therefore have not been changed. Residents are given an extra week of time to reserve the pool before the reservations are open to non-residents. Attachments: Ordinance No. 2016-08 Town CouncilPage 303 of 341Meeting Date: March 8, 2016 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-08 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALINGSUBSECTION “F”, “COMMUNITY POOL FEES”, OF SECTION A1.012 “PARKS AND RECREATION AND SPECIAL EVENTS” OF ARTICLE A1.000, “GENERAL PROVISIONS” OF APPENDIX A “FEE SCHEDULE” OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW SUBSECTION “F”, “COMMUNITY POOL FEES”, OF SECTION A1.012 “PARKS AND RECREATION AND SPECIALEVENTS” OF ARTICLE A1.000, “GENERAL PROVISIONS” OF APPENDIX A “FEE SCHEDULE”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING FOR A SAVINGS AND REPEALER; PROVIDING A SEVERABILITY; PROVIDING AN ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town has constructed aquaticamenities for use, and has determined that based upon the costs of providing those amenities,it is necessary to review fees set forth in the Town’s Schedule of Feesfor use of those facilities; and WHEREAS ,Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS , having reviewed the current use fee categories charged for the general entrance of the Town’s aquatic amenities and in determining that those amenities can be overcrowded creating safety concerns and a reduced participation by residents; the Town Council therefore finds that the proposed fee adjustments are reasonable and necessary to create a more safe environment and provide for a more positive user experience to our residents. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Town CouncilPage 304 of 341Meeting Date: March 8, 2016 SECTION 2. AMENDMENT 2.01 Subsection “f”, “Community Pool Fees” of Section A1.012, “Parks and Recreationand Special Events”, of Article A1.000, “General Provisions” of Appendix A, “Fee Schedule”of the Town of Trophy Club Code of Ordinances, is hereby repealed anda new Section A1.012 (f) entitled “Community Pool Fees” is hereby adopted,so that Subsection “f” shall be and read in its entirety as follows: “Section A.012 Parks andRecreationand Special Events . . . (f)Community pool fees. Pool rental fees listed below are for a minimum two-hour period. Resident Rates: Resident(s) and/or guest(s) under 35 inches admitted free of charge. Daily rate$4.00/ individual Individual season pass$25.00 Family season pass (5 passes)$75.00 With the purchase of a familyseasonpass, you automatically receive five (5) passes. All non-assigned passes will be placed on your account to be used by your guest(s) when a family pass member accompanies them. Additional family members$10.00 / member Resident guest pass$20.00 / pass This pass will be unassigned and valid for the entire season Single entry guest pass$4.00 / guest A resident must accompany the guest(s). Localbusinessgrouprate*(withaminimumof8bathers)$3.00 / user In order to receive the local business group rate, group shall schedule date(s), time(s)of use with the Parks and Recreation Department,and provide the physical location of the business. Pool Rental Rates: Resident Rental Rates: Large pool rental$300.00 Spray pad rental (Friday p.m. and Saturday and Sunday)$300.00 Spray pad rental (Monday thru Friday a.m.)$225.00 Pavilion reservation$100.00 Community pool complex rental$700.00 Nonresident Rental Rates: Large pool rental$330.00 Spray pad rental (Friday p.m. and Saturday and Sunday)$330.00 Spray pad rental (Monday thru Friday a.m.)$225.00 Pavilion reservation$100.00 Community pool complex rental$770.00 ORD 2016-08Page 2 of 4 Town CouncilPage 305 of 341Meeting Date: March 8, 2016 The minimum rental time allowed is two (2) hours. Additional rental hours will be charged at one-half (1/2) of the two (2) hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the rental cost. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the rental cost. …” SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances,whether such Ordinances are codified or uncodified,except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. 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 5. 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. ORD 2016-08Page 3 of 4 Town CouncilPage 306 of 341Meeting Date: March 8, 2016 SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Feesand Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effectupon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of March2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas ORD 2016-08Page 4 of 4 Town CouncilPage 307 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-122-T1 File #: Version:Name: Agenda ItemRegular Session Type:Status: 3/1/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding proposed amendments to the Town Council Rules of Title: Procedure and provide direction to staff regarding related ordinance amendments. A)Consider and take appropriate action regarding an Ordinance repealing Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council, of the Town of Trophy Club Code of Ordinances; and adopting a new Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council; and providing an effective date. Rules of Procedure - Parrows proposed changes.pdf Attachments: ORD 2016-09 - Article 1_03 - Division 2 Meetings and Rules of Procedure.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardingproposedamendmentstotheTownCouncilRulesofProcedureand provide direction to staff regarding related ordinance amendments. A)ConsiderandtakeappropriateactionregardinganOrdinancerepealingDivision2,MeetingsandRulesof Procedure,ofArticle1.03,TownCouncil,oftheTownofTrophyClubCodeofOrdinances;andadoptinganew Division 2, Meetings and Rules of Procedure, of Article 1.03, Town Council; and providing an effective date. Town CouncilPage 308 of 341Meeting Date: March 8, 2016 * ARTICLE 1.03 TOWN COUNCIL Division 1. Generally Secs. 1.03.001–1.03.030Reserved † Division 2. Meetings and Rules of Procedure Sec. 1.03.031Authority Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine itsown rules of procedure. The Charter of the Town of Trophy Club, Texas, provides for open meetings for the Town Council at which reasonableopportunity shall be given for Citizens to be heard under such rules as the Council may provide. The Rules of Procedure establish guidelines to be followed by all persons attending a Town Council meeting, including members of the Town Council, Town Staff and visitors. (2006 Code, ch. 1, sec. 6.01(A). See end of this division for full history for this division.) Sec.1.03.032General rules (a)Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. (b)Quorum.The governing body of the town consists of a mayor and six (6) council members. Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a quorum for the purpose of a regular or special meeting. Charter reference– Quorum, sec. 3.12. (c)Attendance. As specified in the town charter, should a member of the town council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declared forfeited by the council. A member of the town council who is unable to attend a council meeting shall notify the town secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the town secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall notify the council of the absence prior to the beginning of the council meeting from which the member will be absent. * Charter references– Council, sec. 3.00; nominations and elections, sec. 5.00; recall, sec. 6.00; initiative and referendum, sec.7.00. † Charter reference– Rules of the council, sec. 3.11. State law reference– Open meetings, V.T.C.A., Government Code, ch. 551. Town CouncilPage 309 of 341Meeting Date: March 8, 2016 Charter reference– Forfeiture of office, sec. 3.04. (d)Misconduct. The town council may punish its own members for misconduct as authorized by state law and town charter. (e)Minutes of town council meetings. An account of all proceedings of the town council shall be kept by the town secretary and shall be entered into a book constituting the official record of the town council. (f)Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. (g)Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (h)Town manager. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless excused by the mayor or town council. Thetown manager, assistant town manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an item for discussion and/or action on the council agenda. (i)Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on questions of law. The town attorney shall act as the town council’s parliamentarian. (j)Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. (k)Officers and employees. Any officer or employee of the town, when requested by the town manager, shall attend any meeting of the town council. If requested to do so by the town manager, they may present information relating to matters before the town council. (l)Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall govern the proceedings of the town council. (m)Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 2 of 12 Town CouncilPage 310 of 341Meeting Date: March 8, 2016 (n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the town council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior town council meeting. (2006 Code, ch. 1, sec. 6.01(B). See end of this division for full history for this division.) Sec. 1.03.033Types of meetings (a)Regular meetings. The town council shall meet in the council/board room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda for that meeting. (b)Special meetings. Special meetings may be called by the mayor or by any three (3) members of the town council. The call for a special meeting shall be filed with the town secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. (c)Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the chairman/mayor or on the application of three (3) members of the town council, and it shall be sufficient if the notice is posted two (2) hours beforethe meeting is convened. (d)Recessed meetings. Any meeting of the town council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. (e)Public hearings. (1)All meetings shall be held in full compliance with the provisions of state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2)The town secretary shall set public hearing dates for the town council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the town council. (2006 Code, ch. 1, sec. 6.01(C). See end of this division for full history for this division.) Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 3 of 12 Town CouncilPage 311 of 341Meeting Date: March 8, 2016 Charter references– Meetings of the council, sec. 3.09; special meetings, sec. 3.10. Sec. 1.03.034Chairman /Presiding Officer (a)Designation. The mayor, if present, shall preside as chairman at all meetings of the town council. In the absence of the mayor, the mayor pro-tem shall preside. In the absence of both the mayor and the mayor pro-tem, the town council shall elect a chairman/chair/presiding officer. (b)Call to order. The meetings of the town council shall be called to order by the presiding officer mayor, or in his absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the meeting shall be called to order by the town secretary. (c)Preservation of order. The presiding officer chairmanshall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. (d)Points of order. (1)A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The presiding officer chairman/mayorwill decide the question or may refer to the town attorney for a ruling. The presiding officer chairman/mayor’sdecision is subject to appeal to the town council. (2)A member of the council may appeal a ruling of the chair by obtaining the floor and stating, “I appeal from the ruling of the Chair.” The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as follows: the presiding officermayor/chairputs the question to the members for a vote. The question cannot be amended and it is debatable unless the immediately pending question is notdebatable, the purpose of the vote is to decide whether the chair’s ruling should be sustained. The presiding officer mayor/chairis entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the chair, and the question can be reconsidered. (e)Questions to be stated. The presiding officer chairmanshall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 4 of 12 Town CouncilPage 312 of 341Meeting Date: March 8, 2016 (f)Substitution of presiding officer chairman. Thepresiding officerchairmanmay call any other member to take his place in the chair, such substitution not to continue beyond adjournment. (2006 Code, ch. 1, sec. 6.01(D). See end of this division for full history for this division.) Sec. 1.03.035Order of business; agenda (a)Agenda. The business of each meeting shall be as contained in the agenda in the order established by the presiding officer mayor. The town secretary shall prepare the agenda. The agenda shall be a listing of topics to be considered by the town council and delivered to members of the town council each Thursday preceding the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately preceding the commencement of the council meeting in order to allow council discussion and questions related to one or more of the items posted on the agenda. At the end of each agenda item, the agendashould specify the first initial and last name of the person(s) adding the item to be considered on the agenda. (b)Presentations by members of town council; future agenda items. The agenda shall provide a time when the mayor or any town council member may bring before the town council any business that the town council member believes should be deliberated upon by the town council at a future meeting of the town council. However, pursuant to the town charter, before any item is placed for discussion and/or action on a future town council agenda, a request for its placement on the agenda shall be made by either the mayor or by any two (2) councilmembers. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent town council meeting provided that the requirements of chapter 551 Texas Government Code have been met. Charter reference– Agenda, sec. 3.11(b). (c)Request for agenda item by presiding officer chairperson.Apresiding officer chairpersonof a council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the council agenda for discussion and/or action shall present such request to the town manager in writing in the time frame set forth in subsection (d) below. (d)Deadline for submission of agenda items. A subject for the town council’s consideration shall be submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be considered. (e)Presentation by citizens or representative(s) of organized groups; citizen presentations. Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 5 of 12 Town CouncilPage 313 of 341Meeting Date: March 8, 2016 (f)Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes. For items on the agenda, thespeaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time has expired. The speaker shall then complete his sentence and take his/her seat. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do notwish to speak shall complete a speaker’s card and indicate their support or opposition. The name and respective position of such person(s) shall be read into the record. (g)Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and for public hearings. (1)Each person addressing the council shall step up to the microphone, shall give his or her name and address in an audible tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the presiding officer. (2)All citizens shall refrain from private conversations in the chamber while the town council is in session. (3)Citizens attending town council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the town council or while attending the town council meeting, shall be removed from the room if the chief of police (or his representative) is so directed by the presiding officer mayor/chairman, and such person shall be barred from further audience before the town council during that session of the town council. (4)Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer mayor/chairman, who shall direct the chief of police to remove such offenders from the room. (5)In case the presiding officer chairmanshall fail to act, any other of the town council may move to require the chair to enforce the rules, and the affirmative Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 6 of 12 Town CouncilPage 314 of 341Meeting Date: March 8, 2016 vote of a majority of all members present of the town council shall require the presiding officer to act. (6)No placards, banners or signs of any kind shall be permitted in the council chamber unless exhibits, displays and visual aids are used in connection with presentations to the town council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. (h)Written communications to council. (1)General. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the town’s business or over which the council has control at any time. (2)Agenda items. A written communication relative to an item posted for consideration on a town council agenda may be submitted by direct mail to the council or by delivery of the communication to the town secretary at least four (4) hours prior to the time for commencement of the town council meeting at which an item will be discussed. Upon timely receipt of a communication, the town secretary shall distribute copies to each of the councilmembers and shall make copies available for public review at a designated location in the council chambers. The names of those submitting the communication and the topic addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. (i)Presentations by town manager. Matters requiring the council’s attention which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the town manager for informational purposes only in accordance with chapter 551 Texas Government Code. (j)Requests for research or information. The mayor and individual councilmembers may request information or research from the town staff on a given topic through the town manager who will make all members of council aware of the special request, as it may be of interest to them as well. Accordingly, the town manager will provide the results of the request to all members of council. In the event the town manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. (k)Notification of significant activities or events. The mayor and councilmembers expect the town manager to notify them, and provide periodic updates regarding significant activities or events in the town related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 7 of 12 Town CouncilPage 315 of 341Meeting Date: March 8, 2016 (l)Seating arrangement. The town manager, town secretary, and town attorney shall occupy the respective seats in the council chamber assigned to them by the presiding officer chairman/mayor, but any two (2) or more of the town council may exchange seats. (2006 Code, ch. 1, sec. 6.01(E). See end of this division for full history for this division.) Sec. 1.03.036Ordinances, resolutions and motions (a)Printed or typewritten form. All ordinances and resolutions shall be presented to the town council only in written form. (b)Town attorney to approve. All ordinances and resolutions shall be approved as to form and legality by the town attorney. (c)Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for distribution to all members of the town council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (d)Recording of votes. The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the council. (e)Vote required for approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the town council in attendance. (f)Mayoral vote. The mayor shall have a vote on all matters before the council. (g)Conflict of interest. Should any person on the town council have a conflict of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on the item. (h)Abstention from voting. Should any person on the town council abstain from voting on an agenda item where no conflict of interest under state law and/or town ordinance exists, the person’s vote shall be recorded as a negative vote in the minutes of the council meeting. (2006 Code, ch. 1, sec. 6.01(F). See end of this division for full history for this division.) Charter references– Procedure for enacting ordinances and resolutions, sec. 3.16; conflict of interest and abstention, sec. 3.20. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 8 of 12 Town CouncilPage 316 of 341Meeting Date: March 8, 2016 Sec. 1.03.037Rules of decorum (a)Recognition by presiding officer chairman/mayor. No person shall address the town council without first being recognized by the presiding officer chairman/mayor. (b) Order. While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the town council nor disturb any member while speaking or refuse to obey the orders of the presiding officer chairman/mayor. Members of the town council shall not leave their seats during a meetingwithout first obtaining the permission ofadvisingthe chairman/mayor. (c)Presiding Officer Chairman/mayormay debate. The presiding officer chairman/mayormay move only to such limitations of debate as are the rights and privileges of a town council member by reason of his acting as thepresiding officer chairman/mayor. If the presiding officer chairman/mayoris engaged in debate and is abusing his positionas presiding officer chairman, at the insistence of any three (3) council members, the presiding officer chairman/mayormember must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. (d)Getting the floor, improper references to be avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer chairman/mayorshall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. (e)Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the town council member shall cease speaking until the question of order be determined and, if in order, the town council member shall be permitted to proceed. (2006 Code, ch. 1, sec. 6.01(G). See end of this division for full history for this division.) Sec. 1.03.038Parliamentary motions and precedence (a)Discussion of items.The meeting is governed by the agenda and the agenda constitutes the only items to be discussed. Each agenda item shall be considered open for discussion when that item is announced by the presiding officer chairman/mayor. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she “objects to the consideration of the question.” This action does not require a second. When the objection is made, the Presiding Officer chairman/mayorshall immediately call the question: “will the assembly consider this question?” if 2/3 of the members vote “no,” the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 9 of 12 Town CouncilPage 317 of 341Meeting Date: March 8, 2016 (1)ThePresiding Officershould invite the appropriate people to report on the item, including any recommendation they might have. (2)ThePresiding Officershould ask the Members if they have any technical questions for clarification. At this point, the members may ask clarifying questions to the people who reported on the item, and they should be given time to respond. (3)ThePresiding Officershould invite resident comments (limited to 4 minutes or a time determined appropriate by the Presiding Officer) – or if a public hearing, open the public hearing. Upon conclusion of the public hearing, thePresiding Officershould announce the public hearing closed. (b)Motions. After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. ThePresiding Officershould invite a motion from the Members before debate is given on the merits of the item. ThePresiding Officershould announce the name of the Members who makes the motion. (1)A “second” to the motion must be made by another town council member within a reasonable but brief time period. ThePresiding Officershould determine if any Members wishes to second the motion. ThePresiding Officershould announce the name of the Members who seconds the motion. If no Members wishes to second the motion, then the motion fails, and should be so stated by thePresiding Officer. Without a “second” the motion dies. (2)If the motion is made and seconded, thePresiding Officershould make certain that everyone (including the audience) understands the motion. This is done in three ways: a. ThePresiding Officercan ask the maker of the motion to repeat it; b. ThePresiding Officercan repeat the motion; or c. ThePresiding Officercan ask the Town Secretary to repeat the motion. (3)No main motion can be made when another motion is pending.ThePresiding Officershould now invite the Membersto discuss the motion. If there is no desired discussion, thePresiding Officershould invite additional resident comments (limited to 2 minutes or a time determined appropriate by the Chair). If there has been no input or discussion or a brief discussion, then there is no need to repeat the motion before taking a vote. If the discussion has been lengthy, it is a good idea to repeat the motion before calling for the vote. (c)Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by thePresiding Officer chairman/mayor. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 10of 12 Town CouncilPage 318 of 341Meeting Date: March 8, 2016 (d)Stating the question. In principle, the chairman/mayor must state the question on a motion immediately after it has been made and seconded, unless the council member is obligated to rule that the motion is out of order or if the wording is not clear. (e)Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (f)Debate. Debate must be limited to the merits of the immediately pending question as stated by the chairand by authority of the presiding officerchairman/mayor. (g)Calling for the question by Presiding Officerchair - ending debate. (1)The Presiding Officerchairman/mayormay “call for the question” without a vote if debate appears to have closed and if there are no objections by any council member. (2)A motion for the previous question (call the question) may not interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two-thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic process, any council member or member of the public who is on record to speak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question. (3)ThePresiding Officercalls for the vote. Unless a super-majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. (4)ThePresiding Officerannounces the results of the vote and should also state what action (if any) the Membershave taken. (2006 Code, ch. 1, sec. 6.01(H). See end of this division for full history for this division.) Sec. 1.03.039Creation of committees, boards and commissions (a)Ad-hoc committees. The council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the town council.Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the town council. Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 11of 12 Town CouncilPage 319 of 341Meeting Date: March 8, 2016 (b)Citizen boards, commissions, corporations, and other appointed bodies. Thetown council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special purpose for which it was created, orwhen abolished by a majority vote of the town council. No body so appointed shall have powers other than advisory to the town council, except as otherwise specified by the laws of the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in accordance with the town’s handbook for appointed and elected officials and shall only be modified as provided in the enabling ordinances for each such council appointed body. (2006 Code, ch. 1, sec. 6.01(I). See end of this division for full history for this division.) (Ordinance 2001-27, ex. A, adopted 11/19/01; Ordinance 2006-03, ex. A, adopted 2/6/06; Ordinance 2006-30, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 6.01; Ordinance 2008-19 adopted 8/4/08; Ordinance 2009-16, sec. II, adopted 7/6/09; Ordinance 2014-10, sec. 2, ex. A, adopted 4/7/14; Ordinance 2014-14 adopted 6/16/14) Article 1.03 Town Council Division 2. Meetings and Rules of ProcedurePage 12of 12 Town CouncilPage 320 of 341Meeting Date: March 8, 2016 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2016-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING DIVISION 2, “MEETINGS AND RULES OF PROCEDURE”, OF ARTICLE 1.03, “TOWN COUNCIL”OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW DIVISION 2, “MEETINGS AND RULES OF PROCEDURE”, OF ARTICLE 1.03, “TOWN COUNCIL”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER; PROVIDING A SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and WHEREAS , the Town Council has the authority to generally review and make changes to its procedural rulesas it determines appropriate for the orderly conduct of its meetings; and WHEREAS , having reviewed the existing procedures and considering the desire to conduct orderly and efficient meetings, the Town Council hereby repeals Division 2, “Meetings and Rules of Procedure,”of Article 1.03, “Town Council” and adopts a new Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” serving the best interests of the Townand will assist with the conduct of orderly and efficient meetings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” of the Town of Trophy Club Code of Ordinances, is hereby repealed and a new Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” is hereby adopted, so that Division 2, “Meetings and Rules of Procedure shall be and read in its entirety as follows: Town CouncilPage 321 of 341Meeting Date: March 8, 2016 ARTICLE 1.03 TOWN COUNCIL . . . “Division 2.Meetings and Rules of Procedure Sec. 1.03.031 Authority Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its own rules of procedure. The Charter of the Town of Trophy Club, Texas, provides for open meetings for the Town Council at which reasonableopportunity shall be given for Citizens to be heard under such rules as the Council may provide. The Rules of Procedure establish guidelines to be followed by all persons attending a Town Council meeting, including members of the Town Council, Town Staff and visitors. Sec. 1.03.032General rules (a)Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. (b)Quorum. The governing body of the town consists of a mayor and six (6) council members. Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a quorum for the purpose of a regular or special meeting. (c)Attendance. As specified in the town charter, should a member of the town council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declared forfeited by the council. A member of the town council who is unable to attend a council meeting shall notify the town secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the town secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall notify the council of the absence prior to the beginning of the council meeting from which the member will be absent. (d)Misconduct. The town council may punish its own members for misconduct as authorized by state law and town charter. (e)Minutes of town council meetings. An account of all proceedings of the town council shall be kept by the town secretary and shall be entered into a book constitutingthe official record of the town council. ORD 2016-09 Page 2 of 14 Town CouncilPage 322 of 341Meeting Date: March 8, 2016 (f)Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of adivision. (g)Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (h)Town manager. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless excused by the mayor or town council. The town manager, assistant town manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an item for discussion and/or action on the council agenda. (i)Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on questions of law. The town attorney shall act as the town council’s parliamentarian. (j)Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. (k)Officers and employees. Any officer or employee of the town, when requested by the town manager, shall attend any meeting of the town council. If requested to do so by the town manager, they may present information relating to matters before the town council. (l)Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall govern the proceedings of the town council. (m)Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. (n)Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the town council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior town council meeting. ORD 2016-09 Page 3 of 14 Town CouncilPage 323 of 341Meeting Date: March 8, 2016 Sec. 1.03.033Types of meetings (a)Regular meetings. The town council shall meet in the council/board room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda for that meeting. (b)Special meetings. Special meetings may be called by the mayor or by any three (3) members of the town council. The call for a special meeting shall be filed with the town secretary in written form, except that announcement of aspecial meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. (c)Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the chairman/mayor or on the application of three (3) members of the town council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. (d)Recessed meetings. Any meeting of the town council may be recessed to a later time, provided thatno recess shall be for a longer period than until the next regular meeting. (e)Public hearings. (1)All meetings shall be held in full compliance with the provisions of state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2)The town secretary shall set public hearing dates for the town council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the town council. Sec. 1.03.034Chairman/Presiding Officer (a)Designation. The mayor, if present, shall preside as chairman at all meetings of the town council. In the absence of the mayor, the mayor pro- ORD 2016-09 Page 4 of 14 Town CouncilPage 324 of 341Meeting Date: March 8, 2016 tem shall preside. In the absence of both the mayor and the mayor pro- tem, the town council shall elect a chairman/chair/presiding officer. (b)Call to order. The meetings of the town council shall be called to order by the presiding officer. In the absence of both the mayor and the mayor pro- tem, the meeting shall be called to order by the town secretary. (c)Preservation of order. The presiding officershall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. (d)Points of order. (1)A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The presiding officer will decide the question or may refer to the town attorney for a ruling. The presiding officerdecision is subject to appeal to the town council. (2)A member of the council may appeal a ruling of the chair by obtaining the floor and stating, “I appeal from the ruling of the Chair.” The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as follows: the presiding officer puts the question to the members for a vote. The question cannot be amended and it is debatable unless the immediately pending question is not debatable, the purpose of the vote is to decide whether the chair’s ruling should be sustained. The presiding officer is entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the chair, and the question can be reconsidered. (e)Questions to be stated. The presiding officershall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. (f)Substitution of presiding officer. The presiding officer may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. Sec. 1.03.035Order of business; agenda (a)Agenda. The business of each meeting shall be as contained in the agenda in the order established by the presiding officer. The town secretary shall prepare the agenda. The agenda shall be a listing of topics ORD 2016-09 Page 5 of 14 Town CouncilPage 325 of 341Meeting Date: March 8, 2016 to be consideredby the town council and delivered to members of the town council each Thursday preceding the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately preceding the commencement of the council meeting in order to allow council discussion and questions related to one or more of the items posted on the agenda. At the end of each agenda item, the agenda should specify the first initial and last name of the person(s) adding the item to be considered on the agenda. (b) Presentations by members of town council; future agenda items. The agenda shall provide a time when the mayor or any town council member may bring before the town council any business that the town council member believes should be deliberated upon by the town council at a future meeting of the town council. However, pursuant to the town charter, before any item is placed for discussion and/or action on a future town council agenda, a request for its placement on the agenda shall be made by either the mayor or by any two (2) councilmembers. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent town council meeting provided that the requirements of chapter 551 Texas Government Code have been met. (c)Request for agenda item by presiding officer. A presiding officerof a council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the council agenda for discussion and/oraction shall present such request to the town manager in writing in the time frame set forth in subsection (d) below. (d)Deadline for submission of agenda items. A subject for the town council’s consideration shall be submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be considered. (e)Presentation by citizens or representative(s) of organized groups; citizen presentations. Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. (f)Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes. For items on the agenda, the speaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time has expired. The speaker shall then complete his sentence and take his/her ORD 2016-09 Page 6 of 14 Town CouncilPage 326 of 341Meeting Date: March 8, 2016 seat. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do not wish to speak shall complete a speaker’s card and indicate their support or opposition. The name and respective position of such person(s) shall be read into the record. (g)Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and for public hearings. (1)Each person addressing the council shall step up to the microphone, shall give his or her nameand address in an audible tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the presiding officer. (2)All citizens shall refrain from private conversations in the chamber while the town council is in session. (3)Citizens attending town council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the town council or while attending the town council meeting, shall be removed from the room if the chief of police (or his representative) is so directed by the presiding officer, and such person shall be barred from further audience before the town council during that session of the town council. (4)Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the chief of police to remove such offenders from the room. (5)In case the presiding officer shall fail to act, any other of the town council may move to require the chair toenforce the rules, and the affirmative vote of a majority of all members present of the town council shall require the presiding officer to act. (6)No placards, banners or signs of any kind shall be permitted in the council chamber unless exhibits, displays and visual aids are used ORD 2016-09 Page 7 of 14 Town CouncilPage 327 of 341Meeting Date: March 8, 2016 in connection with presentations to the town council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. (h)Written communications to council. (1)General. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the town’s business or over which the council has control at any time. (2)Agenda items. A written communication relative to an item posted for consideration on a town council agenda may be submitted by direct mail to the council or by delivery of the communication to the town secretary at least four (4) hours prior to the time for commencement of the town council meeting at which an item will be discussed. Upon timely receipt of a communication, the town secretary shall distribute copies to each of the councilmembers and shall make copies available for public review at a designated location in the council chambers. The names of those submitting the communication and the topic addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. (i)Presentations by town manager. Matters requiring the council’s attention which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the town manager for informational purposes only in accordance with chapter 551 TexasGovernment Code. (j)Requests for research or information. The mayor and individual councilmembers may request information or research from the town staff on a given topic through the town manager who will make all members of council aware of the special request, as it may be of interest to them as well. Accordingly, the town manager will provide the results of the request to all members of council. In the event the town manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. (k)Notification of significant activities or events. The mayor and councilmembers expect the town manager to notify them, and provide periodic updates regarding significant activities or events in the town related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. ORD 2016-09 Page 8 of 14 Town CouncilPage 328 of 341Meeting Date: March 8, 2016 (l)Seating arrangement. The town manager, town secretary, and town attorney shall occupy the respective seats in the council chamber assigned to them by the presiding officer, but any two (2) or more of the town council may exchange seats. Sec. 1.03.036Ordinances, resolutions and motions (a)Printed or typewritten form. All ordinances and resolutions shall be presented to the town council only in written form. (b)Town attorney to approve. All ordinances and resolutions shall be approved as to form and legality by the town attorney. (c)Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for distribution to all members of the town council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (d)Recording of votes. The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the council. (e)Vote required for approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the town council in attendance. (f)Mayoral vote. The mayor shall have a vote on all matters before the council. (g)Conflict of interest. Should any person on the town council have a conflict of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on the item. (h)Abstention from voting. Should any person on the town council abstain from voting on an agenda item where no conflict of interest under state law and/or town ordinance exists, the person’s vote shall be recorded as a negative vote in the minutes of the council meeting. Sec. 1.03.037Rules of decorum (a)Recognition by presiding officer. No person shall address the town council without first being recognized by the presiding officer. ORD 2016-09 Page 9 of 14 Town CouncilPage 329 of 341Meeting Date: March 8, 2016 (b)Order. While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the town council nor disturb any member while speaking or refuse to obey the orders of the presiding officer. Members of the town council shall not leave their seats during a meeting without first advising the chairman/mayor. (c)Presiding Officermay debate. The presiding officermay move only to such limitations of debate as are the rights and privileges of a town council member by reason of his acting as the presiding officer. If the presiding officer is engaged in debate and is abusing his position as presiding officer, at the insistence of any three (3) council members, the presiding officer member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. (d)Getting the floor, improper references to be avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officershall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. (e)Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the town council member shall cease speaking until the question of order be determined and, if in order, the town council member shall be permitted to proceed. Sec. 1.03.038Parliamentary motions and precedence (a)Discussion of items. The meeting is governed by the agenda and the agenda constitutes the only items to be discussed.Each agenda item shall be considered open for discussion when that item is announced by the presiding officer. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she “objects to the consideration of the question.” This action does not require a second. When the objection is made, the Presiding Officer shall immediately call the question: “will the assembly consider this question?” if 2/3 of the members vote “no,” the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. (1)ThePresiding Officershould invite the appropriate people to report on the item, including any recommendation they might have. ORD 2016-09 Page 10of 14 Town CouncilPage 330 of 341Meeting Date: March 8, 2016 (2)ThePresiding Officershould ask the Members if they have any technical questions for clarification. At this point, the members may ask clarifying questions to the people who reported on the item, and they should be given time to respond. (3)ThePresiding Officershould invite resident comments (limited to 4 minutes or a time determined appropriate by the Presiding Officer) – or if a publichearing, open the public hearing. Upon conclusion of the public hearing, thePresiding Officershould announce the public hearing closed. (b)Motions. After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. ThePresiding Officershould invite a motion from the Members before debate is given on the merits of the item. ThePresiding Officershould announce the name of the Members who makes the motion. (1)A “second” to the motion must be made by another town council member within a reasonable but brief time period. ThePresiding Officershould determine if any Members wishes to second the motion. ThePresiding Officershould announce the name of the Members who seconds the motion. If no Members wishes to second the motion, then the motion fails, and should be so stated by thePresiding Officer. Without a “second” the motion dies. (2)If the motion is made and seconded, thePresiding Officershould make certain that everyone (including the audience) understands the motion. This is done in three ways: a. ThePresiding Officercan ask the maker of the motion to repeat it; b. ThePresiding Officercan repeat the motion; or c. ThePresiding Officercan ask the Town Secretary to repeat the motion. (3)No main motion can be made when another motion is pending. ThePresiding Officershould now invite the Membersto discuss the motion. If there is no desired discussion, thePresiding Officershould invite additional resident comments (limited to 2 minutes or a time determined appropriate by the Chair). If there has been no input or discussion or a brief discussion, then there is no need to repeat the motion before taking a vote. If the discussion has been lengthy, it is a good idea to repeat the motion before callingfor the vote. (c)Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Presiding Officer. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been ORD 2016-09 Page 11of 14 Town CouncilPage 331 of 341Meeting Date: March 8, 2016 stated, the mover shall neither withdraw it nor modify it without the consent of the council. (d)Stating the question. In principle, the chairman/mayor must state the question on a motion immediately after it has been made and seconded, unless the council member is obligated to rule that the motion is out of order or if the wording is not clear. (e)Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (f)Debate.Debate must be limited to the merits of the immediately pending question as stated by the chairand by authority of the presiding officer. (g)Calling for the question by Presiding Officer - ending debate. (1)The Presiding Officer may “call for the question” without a vote if debate appears to have closed and if there are no objections by any council member. (2)A motion for the previous question (call the question) may not interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two- thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic process, any council member or member of the public who is on record tospeak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question. (3)ThePresiding Officercalls for the vote. Unless a super-majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. (4) ThePresiding Officerannounces the results of the vote and should also state what action (if any) the Membershave taken. Sec. 1.03.039Creation of committees, boards and commissions (a)Ad-hoccommittees. The council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the town council. Any committee so created shall cease to exist upon the accomplishment of the special ORD 2016-09 Page 12of 14 Town CouncilPage 332 of 341Meeting Date: March 8, 2016 purpose for which it was created or when abolished by a majority vote of the town council. (b)Citizen boards, commissions, corporations, and other appointed bodies. The town council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the town council. No body so appointed shall have powers other than advisory to the town council, except as otherwise specified by the laws of the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in accordance with the town’s handbook for appointed and elected officials and shall only be modified as provided in the enabling ordinances for each such council appointed body”. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules of procedure 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 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application 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 this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directedto engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. ORD 2016-09 Page 13of 14 Town CouncilPage 333 of 341Meeting Date: March 8, 2016 SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8thday of March2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas ORD 2016-09 Page 14of 14 Town CouncilPage 334 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-119-T1 File #: Version:Name: Agenda ItemRegular Session Type:Status: 2/29/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Title: Regular Session Council Agenda for March 22, 2016 meeting; and discussion of the Town Council Future Agenda Items list, to include discussion of the below items from the Future Agenda Items list: A)Item No. 1 - Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) B)Item No. 2 - Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) C)Item No. 3 - Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) D)Item No. 4 - Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) E)Item No. 5 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) March 22, 2016 Upcoming Agenda.pdf Attachments: Items for Future Agendas updated 3-1-2016.pdf DateVer.Action ByActionResult ItemsforFutureAgendastoincludediscussionofAgendaItemsforconsiderationontheupcomingRegularSession CouncilAgendaforMarch22,2016meeting;anddiscussionoftheTownCouncilFutureAgendaItemslist,toinclude discussion of the below items from the Future Agenda Items list: A)ItemNo.1-ConsiderandtakeappropriateactionregardingsignageinmediansatTrophyClubDrive,Trophy WoodDrive,IndianCreekandpossiblyBobcat.(Sanders7/22/2014)(1-Oct28,2014)(2-Feb10,2015)(3-May12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) B)ItemNo.2-ReviewordinancesregardingTownHomes,Condosandapartments.(Sanders8/4/2014)(1-Nov13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) C)ItemNo.3-Discussionofpossibleusesofhoteloccupancytaxfunds,includingtheabilitytousethefundsfor Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) D)ItemNo.4-Discussionandactionrelatedtotowngarage/special/estate/movingsales,etc.(Sanders4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) E)ItemNo.5-EstablishareservepolicyforTrophyClubPark.(Sanders5/26/2015)(1-August25,2015)(2- December 8, 2015) (3-March 8, 2016) Town CouncilPage 335 of 341Meeting Date: March 8, 2016 Meeting Date 3/22/2016 No. Announcements Town Manager Seidel's update regarding the following; discussion and provide 1Town Mgr input regarding same. STAFF No. ConsentRESORDPROCFile IDDept RPT ConsiderandtakeappropriateactionregardingtheMinutesdatedFebruary23, 2Town Sec 2016. ConsiderandtakeappropriateactionregardingarequestfromTrophyClub Women’sClubforaTemporaryUsePermit-SpecialPrivilegeRequesttoallow 3Com Dev two communitygarage sales in calendar year 2016. Considerandtakeappropriateactionregardingfinancialandvariancereport 4 Finance dated February 2016. STAFF No. Regular SessionRESORDPROCFile IDDept RPT ConsiderandtakeappropriateactionregardingaProclamationproclaimingApril 5 Town Sec 11, 2016, as Parkinson's Disease Day in Trophy Club. ConsiderandtakeappropriateactionregardingaProclamationproclaimingMay7, 6 Town Sec 2016 as Arbor Day in Trophy Club. ConsiderandtakeappropriateactionregardingaProclamationproclaimingApril 5,2016asMayorsDayofRecognitionforNationalServiceintheTownofTrophy 7 Town Sec Club. Consider and take appropriate action regarding an Award of Bid for Lakeview. 8 Com Dev Consider and take appropriate action regarding Veterans Memorial Independence West and Harmony Park parking lot; receive a presentation from TNP; discussion 9 Com Dev of same. Consider and take appropriate action regarding Trophy Club Drive at Marshall 10 Com Dev Creek for road improvements; discussion of same. Receive an update from GSBS regarding the Trophy Club Town Hall; discussion of 11 Town Mgr same. Consider and take appropriate action regarding the acceptance of the Audit for 12 Town Mgr the Town of Trophy Club, Fiscal Year 2014-2015. Consider and take appropriate action regarding a Letter Agreement between the 13 Town Mgr Town and Meat U Anywhere. ConsiderandtakeappropriateactionregardinganamendedLeaseAgreement betweentheTownandVerizonWireless,andauthorizingtheMayororhis 14 Com Dev designee to execute all necessary documents. ConsiderandtakeappropriateactionregardingamendmentstotheCUPfor 15 Com Dev Verizon Wireless. Receive a presentation from Patrick Prather with from Municipal Mosquito. 16 Com Dev Receive an update from Keep Trophy Club Wild regarding the Community Garden. 17 Parks Town CouncilPage 336 of 341Meeting Date: March 8, 2016 Review of Capital Projects that were discussed at the Council Retreat in January 18 Town Mgr 2016; discussion of same. ConsiderandtakeappropriateactionregardingTrophyClubParkConceptPlan; 19 Com Dev discussion of same. Town Council Liaison Updates; discussion of same: 20 Town Sec Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for April 12, 2016 meeting and 21 Town Sec discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: STAFF No. Executive SessionRESORDPROCFile IDDept RPT Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551 (Texas Open Meetings Act), the Council will enter into 22 Town Sec executive session to discuss the following items: STAFF No. Regular SessionRESORDPROCFile IDDept RPT Consider and take appropriate action regarding the Executive Session. 23 Town Sec Town CouncilPage 337 of 341Meeting Date: March 8, 2016 Town Council Future Agenda Items List (Updated 3/1/2016) 1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015)(3-May 12, 2015) (4-August 11, 2015)(5-December 8, 2015) (6-March 8, 2016) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 2/10/2015 – Mayor Sanders provided update including examples of Southlake signage. 5/12/2015 – No new update provided. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process of going out for bids regarding park monument signage and wayfinding signage. 2.Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the vacant Planning position is filled. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos and apartments, such as multiple families living at one address, may be insufficient. 3. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he would like additional information on specific items that hotel occupancy tax funds could be used for. 4. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) -March 8, 2016) (3 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year in time for the next Women’s Garage Sale. 12/8/2015 - Discussion took place that Town Staff is continuing to work on this item. 5. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2- December 8, 2015) -March 8, 2016) (3 Page 1 of 2 Town CouncilPage 338 of 341Meeting Date: March 8, 2016 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost out of the general fund and at the end of the year the Parks budget would reconcile those costs. 6. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016) 1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer regarding the Annex Building. 7. Discussion to change park hoursto stay open until 10 p.m. and clearly note change on new signage. (Reed 1/12/2016) (1-April 12, 2016) 8. Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) 9. Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016) 10. Discussion of Trophy Club Park concept plan. (Sanders 2/23/2016) (1-May 24, 2016) Page 2 of 2 Town CouncilPage 339 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-120-T1 File #: Version:Name: Agenda ItemExecutive Session Type:Status: 2/29/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed Title: executive session as authorized by: 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 and related matters. Attachments: DateVer.Action ByActionResult PursuanttoTexasGovernmentCode,Annotated,Subchapter551,Councilwillconveneintoclosedexecutivesessionas authorized by: A.Section551.071“ConsultationwithAttorney”underSubsection(1)whenthegovernmentalbodyseekstheadvice ofitsattorneyaboutpendingorcontemplatedlitigationandSubsection(2)forconsultationwithitsattorneyona matterinwhichthedutyoftheattorneytotheGovernmentalBodyundertheDisciplinaryRulesofProfessional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)). Legaladviceregardingfireandemergencymedicalservices,InterlocalAgreementswiththeTrophyClub MunicipalUtility District No. 1 for Fire Department Services and related matters. Town CouncilPage 340 of 341Meeting Date: March 8, 2016 100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Legislation Details (With Text) 2016-121-T1 File #: Version:Name: Agenda ItemRegular Session Type:Status: 2/29/2016Town Council File created:In control: 3/8/2016 On agenda:Final action: Consider and take appropriate action regarding the Executive Session. Title: Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the Executive Session. Town CouncilPage 341 of 341Meeting Date: March 8, 2016