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Minutes TC 09/23/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, September 23, 2014 at 6:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 23, 2014. 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 arrived 6:51 pm Rhylan Rowe Council Member, Place 3 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Adam Adams Parks & Recreation Director Matt Jones Senior Planner Ed Helton Streets Services Director John Zagurski Budget Analyst Mayor Sanders announced the date of Tuesday, September 23, 2014 called the Town Council to order and announced a quorum at 6:43 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for September 23, 2014. 2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the October 14, 2014 meeting. CONVENE INTO REGULAR SESSION - START TIME — 7.02 P.M. The Invocation was offered by Chief Kniffen. The Pledges were led by Council Member Shoffner. CITIZEN PRESENTATIONS September 23, 2014 Town Council Minutes Page 1 of 11 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3. Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Denton County for administration of the Town's November 4, 2014 Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. 4. Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Tarrant County for administration of the Town's November 4, 2014 Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. 5. Consider and take appropriate action regarding financial and variance report dated August 2014. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda. Motion passed unanimously. PUBLIC HEARING 6. Town Council to conduct a Public Hearing relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No.1 (The Highlands at Trophy Club), the proposed Assessment Roll, and the levy of Special Assessments against the property in PID No. 1 and matters contained in the proposed Ordinance. CONVENE INTO PUBLIC HEARING - START TIME — 7:06 P.M. Garland Lawrence, 2206 Galloway Boulevard, Asked about the $356,000 and what does it represent — Fire operations and maintenance competent for the PID (0.772 per $100 appraised value). Also asked other various questions about the PID. Connie Schagunn 2500 Trophy Club Drive Asked about if there has ever been a fee for service for EMS service to help subsidize or reduce the assessment? Mayor Sanders explained we bill the insurance company if the patient is transported PUBLIC HEARING - END TIME— 7:15 P.M. RECONVENE INTO REGULAR SESSION - START TIME — 7:15 P.M. REGULAR SESSION 7. Consider and take appropriate action regarding a Proclamation of the Town Council of the Town of Trophy Club recognizing Police Chief Scott Kniffen. September 23, 2014 Town Council Minutes Page 2 of 11 Council Member Parrow read Proclamation 2014-10 into record recognizing Chief of Police Scott Kniffen on his retirement capping a 40 year career in law enforcement.. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2014-10 recognizing Police Chief Scott Kniffen. Motion passed unanimously. 8. Consider and take appropriate action regarding a request from Tim Gamache, CCPD Chairperson, for an exception pursuant to the Residency Requirement /Temporary Change in Residency Status section of the Municipality of Trophy Club Handbook for Elected and Appointed Officials. Motion made by Mayor Sanders, to grant Tim Gamache an exception per the Residency Requirement /Temporary Change in Residency Status section of the Municipality of Trophy Club Handbook for Elected and Appointed Officials. Motion failed for lack of a second. 9. Consider and take appropriate action regarding the following Resolutions making annual appointments of citizens to serve various Town Boards, Commissions, and Corporations; appointing Town Council Liaisons; and providing an effective date: A. Animal Shelter Board B. EDC 4B Board C. Crime Control Prevention District Board D. Parks & Recreation Board E. Planning & Zoning Commission A. Animal Shelter Board Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Resolution 2014-35 appointing: 1. Dr Bruce Fusselman (2015) 2. Sgt Tony Simmons (2015) 3. Kelly Akin, ACO (2016) 4. Danielle Stewart (Animal Welfare Rep) (2016) 5. Susan Edstrom (2017) 6. Melissa Burns (2017) Motion passed unanimously. B. EDC 4B Board Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Resolution 2014-36 appointing: 1. Rebecca Shuman (2015) 2. Sean Weaver (2015) 3. Randall Conn (2015) 4. Greg Wilson (2015) 5. Eric Jensen (2016) 6. David Brod (2016) 7. Gerald Rapp (2016) Motion passed unanimously. September 23, 2014 Town Council Minutes Page 3 of 11 C. Crime Control Prevention District Board Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Resolution 2014-37 appointing: 1. Dena Boudreau (2016) 2. Paul Glowacki (2016) 3. Louis Opipare (2016) 4. James Jay Isherwood (2015) 5. VACANT (formerly Tim Gamache) (2015) 6. Adam Broyles (2015) 7. Patrick Arata (2015) Motion passed unanimously. D. Parks & Recreation Board Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve Resolution 2014-38 appointing: 1. Darin Davis (2017) 2. Chris McCollister (2017) 3. David Stout (2017) 4. David Abdulky (2015) 5. Patrick Arata (2015) 6. Hayley Little (2015) 7. Julie Folley (2015) 8. James Hanna (2016) 9. Louis Hocker (2016) 10. Tom Mills (2016) 11. Dean Murray (2016) Council Liaison —Council Member Philip Shoff ner Motion passed unanimously. David Abdulky, 16 Panorama Trail requested the motion be restated on the appointments. E. Planning & Zoning Commission Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Resolution 2014-39 Appointing: 1. Richard Sennelly (2015) 2. Jon Mills (2016) 3. Dennis Sheridan (2016) Chair 4. Susan Ross (2016) 5. Larry Vowell (2015) 6. LuAnne Oldham (2015) 7. Brent Card (2015) Motion passed unanimously. September 23, 2014 Town Council Minutes Page 4 of 11 Bob Radder, 1 Lee Court, asked why ZBA was not brought forward for appointed this evening. ZBA appointments will take place at the next Council meeting. 10. Consider and take appropriate action regarding a request from resident Denise Gant for Council consideration of her request for a new driveway, including a cost estimate for Council consideration. Town Manager Mike Slye provided an overview of Denise Gant's request for the Town to replace her driveway. A 3' x 25' section of her driveway was needed to install drainage, which has been replaced, as well as improvements to her driveway approach. Council Member Shoffner — provided various photos of similar repairs throughout town of other driveways after construction indicating the repairs made at Ms. Gants driveway were typical of repair work on private property. Attachment A— Photos throughout town of other driveways after construction Denise Gant, 226 Fresh Meadow Drive feels she has been personally attacked by Town Staff as presented in the tone of the staff report for this item and does not believe the project was improved to satisfaction. Believes the appearance now is worse than it was before. Believes her expectations were not met and she has personal property damage. Council Member Parrow also read excerpts from the attachment B Fresh Meadow Drainage Improvement General Notes item 3 & 45, provided to all home owners prior to commencement of the work, to confirm that the town had complied with the terms, agreements and standards made with the home owners, and has treated all Trophy Club home owners equally. Attachment B — Fresh Meadow Drainage Improvements General Notes (previously Ms. Gant Staff Report Response) No action taken, discussion only. 11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Services for the Town of Trophy Club Public Improvement District No. 1 (Emergency Services) and an Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); making a finding of special benefit to the Property in the District; levying special assessments against Property within the District; providing for payment of the assessments in accordance with law; and providing an effective date. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Ordinance 2014-29 approving a Service and Assessment Plan for Authorized Services for the Town of Trophy Club Public Improvement District No. 1 (Emergency Services) and an Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); making a finding of special benefit to the Property in the District; levying special assessments against Property within the District; providing for payment of the assessments in accordance with law effective today. Motion passed unanimously. 12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas adopting and approving the budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015, for Trophy Club Economic Development Corporation 413; making appropriations; providing for expenditures as allowed by applicable law; and providing an effective date. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Ordinance 2014-30 adopting and approving the budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015, September 23, 2014 Town Council Minutes Page 5 of 11 for Trophy Club Economic Development Corporation 413; making appropriations; providing for expenditures as allowed by applicable law effective today. Motion passed unanimously. 13. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas adopting and approving the Budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015 for the Town of Trophy Club, making appropriations; providing for expenditures as allowed by applicable law; providing for filing of documents; repealing conflicting ordinances; and providing an effective date. Motion made by Mayor Sanders, seconded by Council Member Rowe, to approve Ordinance 2014-28 adopting and approving the Budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015 for the Town of Trophy Club, making appropriations; providing for expenditures as allowed by applicable law; providing for filing of documents; repealing conflicting ordinances. Roll Call Vote: Mayor C. Nick Sanders In favor Mayor Pro Tem Lamont In favor Council Member Jim Parrow In favor Council Member Garrett Reed In favor Council Member Rhylan Rowe In favor Council Member Philip Shoffner In favor Motion passed unanimously. View the TC Exchange article about the FY15 Budget 14. Consider and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2014, and ending September 30, 2015; directing the assessment thereof; and providing an effective date. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to that the property tax rate be increased by the adoption of a tax rate of $0.4900, which is effectively a 4.67% increase in the tax rate. Roll Call Vote to approve Ordinance 2014 - 31 fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2014, and ending September 30, 2015. Mayor C. Nick Sanders In favor Mayor Pro Tem Lamont In favor Council Member Jim Parrow In favor Council Member Garrett Reed In favor Council Member Rhylan Rowe In favor Council Member Philip Shoffner In favor Motion passed unanimously. 15. Consider and take appropriate action regarding a Resolution of the Town Council approving the tax roll of the Denton County Central Appraisal District (DCAD) and Tarrant County Appraisal District (TAD) for 2014; and providing an effective date. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve the tax roll of the Denton County Central Appraisal District (DCAD) and Tarrant County Appraisal District (TAD) for 2014. Motion passed unanimously. September 23, 2014 Town Council Minutes Page 6 of 11 16. Consider and take appropriate action to authorize the Town Manager to negotiate the terms of a cleaning contract with CTJ Maintenance for the Town's Public Services Building and the Police Department Building in an annual amount not to exceed $15,000 in accordance with the adopted budget; and authorizing the Town Manager to execute all necessary documents. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Town Manager to negotiate the terms of a cleaning contract with CTJ Maintenance for the Town's Public Services Building and the Police Department Building in an annual amount not to exceed $15,000 in accordance with the adopted budget; and authorizing the Town Manager to execute all necessary documents. Motion passed unanimously. 17. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by adding a subsection entitled "Annual Capital Improvements and Maintenance Charge" to Section 8.16, "Public Works for Public Improvement District No. 1" to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing an effective date. In order for the improvements to be made to the Wastewater Treatment Plant to be paid for by all of the Town's citizens Trophy Club MUD No. 1 and the Town of Trophy Club negotiated a contract. Trophy Club MUD No. 1 cannot tax the PID residents and in order for PID residents to pay their fair share of future Trophy Club MUD No. 1 infrastructure improvements, an annual capital improvement and maintenance charge of $8.90 will be applied to PID residents utility bills each month effective October 1, 2014. Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Ordinance 2014-32 amending Chapter 1 of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by adding a subsection entitled "Annual Capital Improvements and Maintenance Charge" to Section 8.16, "Public Works for Public Improvement District No. 1" to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty, effective October 1, 2014. Motion passed unanimously. 18. Consider and take appropriate action regarding the approval of a Consent to Assignment and Assumption of Lease Agreement between the Town and Nextel of Texas, Inc. authorizing the assumption of the site lease currently with Sprint /Nextel Tower by Tower Assets Newco IX, LLC. Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Consent to Assignment and Assumption of Lease Agreement between the Town and Nextel of Texas, Inc. authorizing the assumption of the site lease currently with Sprint /Nextel Tower by Tower Assets Newco IX, LLC. Motion passed unanimously. 19. Town Council Liaison Updates; discussion of same: * Park Board Meeting - 9/15/2014 Council Liaison - Council Member Shaffner 20. Town Manager Slye's update regarding the following; discussion and provide input regarding same. * TML MultiState Intergovernmental Employee Benefits Plan Meeting * TML Conference - Houston * Update on 2014 Tax Notes * Update IT Back -Up Strategy * Byron Nelson Homecoming Parade - September 24th September 23, 2014 Town Council Minutes Page 7 of 11 Trophy Club LDS Church Blood Drive - September 27th Trophy Club Salutes Wounded Warriors - 5k/10k/Fun Run - October 4th TCWC Fall Garden Tour of Homes - October 5th Town Manager Slye updated the Council and addressed questions; no action taken, update only. 21. Items for Future Agendas. 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. No changes were made to the list. EXECUTIVE SESSION 22. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. 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. B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations CONVENE INTO EXECUTIVE SESSION - START TIME — 8:36 P.M. RECONVENE INTO REGULAR SESSION - START TIME — 9:56 P.M. RECONVENE INTO REGULAR SESSION 23. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN Motion made by Mayor Sanders, seconded by Council Member Parrow, to adjourn. Motion carried unanimously. Meeting adjourned at 9:57 p.m. September 23, 2014 Town Council Minutes Page 8 of 11 C. 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