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Minutes TC 04/22/2013MINUTES FROM REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 22, 2013 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 Monday, April 22, 2013. 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: Glenn Strother Mayor Pro Tern, Place 5 Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Connie White Mayor STAFF MEMBERS PRESENT: Mike Slye Town Manager Patricia Adams Town Attorney Amy Piukana Town Secretary April Reiling Public Information Officer/Marketing Manager Michael Aguilera Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Mayor Pro Tern Strother announced the date of April 22, 2013, called the Town Council to order and announced a quorum at 6:32 p.m. 1. Presentation by 2011 Youth Citizen ofthe Year Megan Rodgers and Friends regarding the Roanoke Food Pantry; discussion of same. A presentation was given by Megan Rodgers and Friends regarding fund raising for a walk­ in cooler/freezer for the Roanoke Food Pantry. 2. Recognition ofthe 2012 Citizen ofthe Year nominees and announce the recipients; discussion of the same. The following 2012 Youth Citizen of the Year Nominees were recognized: • Rachael Freed • Jessica Hunter • Anna Tappan • Brandon Michaelis • Jasmine Yackel Mayor Pro Tern Strother recognized Peyton Arata as the Youth Citizen of the Year Recipient. The following 2012 Adult Citizen of the Year Nominees were recognized: • Rhonda Radder • Susan Edstrom • Louis Hocker Mayor Pro Tern Strother recognized Tom Mills as the 2012 Adult Citizen of the Year recipient. Council took a brief recess at 6:55 p.m. Council reconvened at 7:00 p.m. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for Apri I 22, 2013. Council Member Mayer advised staff to bring forward a proclamation in May regarding a Speed Awareness Month in June. 4. Discussion of proposed agenda items for the May 6, 2013 Regular Session. CONVENE INTO REGULAR SESSION -ESTIMATED START TIME -7:00 P.M. Reconvene regular session at 7:02 p.m. INVOCATION -The invocation was led by Council Member Tiffany. PLEDGES -Town Manager Mike Slye led the pledge of allegiance and pledge to the Texas Flag. Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 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 three (3) 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 citizens that wished to speak. April 22, 2013 Town Council Minutes Page 2 of 8 PROCLAMATIONS The next item discussed was Agenda Item NO.6. 6. Consider and take appropriate action regarding a Proclamation declaring May 2, 2013 as the National Day of Prayer. Council Member Tiffany read a proclamation declaring May 2, 2013 as National Day of Prayer. Ms. Irma Thomas was present to receive the proclamation and announced at noon on Thursday, May 2, 2013, prayer will be held at the Clock Tower on Trophy Club Drive. Council Member Rose made a motion to approve the proclamation declaring May 2, 2013 as the National Day of Prayer. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. Next /tem discussed was Agenda /tem NO.5. 5. Consider and take appropriate action regarding a Proclamation Proclaiming the month of Mayas Motorcycle Safety and Awareness Month. Council Member Rose read a proclamation declaring the month of Mayas Motorcycle Safety and Awareness Month in the Town of Trophy Club. Council Member Rose made a motion to approve the month of Mayas Motorcycle Safety and Awareness Month in the Town of Trophy Club. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. Next item discussed was Agenda /tem NO.7. 7. Consider and take appropriate action regarding a Proclamation declaring April 27, 2013 as Arbor Day. Council Member Schroeder read a proclamation declaring April 27, 2013 as Arbor Day. Council Member Schroeder made a motion to approve the proclamation declaring April 27, 2013 as Arbor Day, as amended. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. 8. Consider and take appropriate action regarding a Proclamation declaring May 6 -May 12,2013 as National Nurses Week. Council Member Mayer read a proclamation declaring May 6 -May 12,2013 as National Nurses Week. Council Member Mayer made a motion to approve the proclamation declaring May 6 -May 12, 2013 as National Nurses Week. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. Mayor Pro Tem Strother announced that Assistant City Manager Stephen Seidel was out due to the birth of his son William Harrell Seidel. Mayor Pro Tern Strother expressed best wishes to the Seidel family on behalf of all the Town Council. CONSENT AGENDA April 22, 2013 Town Council Minutes Page 3 of 8 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. 9. Consider and take appropriate action regarding the Minutes dated AprilS, 2013. 10. Consider and take appropriate action regarding a Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery Company, LLC.; and provding an effective date. 11. Consider and take appropriate action regarding a Resolution authorizing the Town of Trophy Club's continued participation with Atmos Cities Steering Committee (ACSC); authorizing the payment ofthe Town's 2013 assessment to ACSC in the amount of five ($.05) per capita in order to fund regulatory and other activities related to Oncor Electric Delivery Company, LLC.; and providing an effective date. 12. Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized Town representatives on First Financial and TexPool signature accounts. Council Member Rose made a motion to approve Consent Items 9-12. Motion seconded by Council Member Mayer. Motion approved by vote d 5-0. REGULAR ITEMS 13. Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" of the Code of Ordinances by adding Article XIV, "Motorized Carts" to Chapter 10 in order to regulate the use and operation of golf carts upon public streets within the Town; providing for an amendment to the Town's Code of Ordinances; providing a penalty; and providing an effective date. Town Manager Mike Slye briefed Council regarding this item. The following citizens addressed the Council regarding the proposed Ordinance: • Fred Allen • Dena Boudreau -(Read out loud a letter from Joyce Frye, 214 Durango Drive) • Randy Conn • Sean Weaver Council Member Rose made a motion to approve Ordinance 2013-11. Motion seconded by Council Member Tiffany. Council Member Rose amended his motion to remove the exemption that required golf carts be transported to the start of the parade (can be driven to the parade). Motion seconded by Council Member Tiffany. Motion approved by vote of 4­ 1, Council Member Schroeder voting against. April 22, 2013 Town Council Minutes Page 4 of 8 Council Member Mayer made a motion to amend the motion on the floor, to add a section to the ordinance (under permitting) that we offer two types of permits: a daytime permit and a 24-hour permit. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. Council Member Rose made a motion to add daytime operation equipment required: headlamps, taillights, side reflectors, stop lamps, parking break, exterior mirror, windshield, horn, slow moving emblem plus 24-hour permit requires: all equipment that a daytime permit requires plus front and rear turn signals. Motion seconded by Council Member Tiffany. Motion approved by vote of 4-1, Council Member Schroeder voting in opposition. Council Member Rose made a motion to add a definition for daytime permit to comply with state law -allows golf cart use 30 minutes prior to sunrise and 30 minutes after sunset. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. Council Member Mayer made a motion to define a 24-hour permit to allow day or night operation. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. Council Member Mayer made a motion to add that the number of occupants in a Motorized Cart shall be limited to the number of persons for whom seating capacity is provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated except while signaling turns or stops. A Driver shall not permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. Council Member Rose made a motion to add that golf carts may be used for towing to, from and within parades (i.e. a small trailer). Resident Jim Parrow spoke expressing safety concerns in regards to using golf carts as a towing device. Motion seconded by Council Member Tiffany. Motion failed by a vote of 2-3, Council Members Schroeder, Strother and Mayer voting against. Council Member Rose made a motion to add that a permit may be revoked if a permit holder or a driver (added or a driver) is convicted of three violations within an 18-month period. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. The final vote on the primary motion was approved by vote of 4-1, Council Member Schroeder voting against. Council took a brief recess at 8:42 p.m. Council reconvened at 8:47 p.m. 14. Consider and take appropriate action regarding acceptance of a Hazard Mitigation Action Plan grant; and authorizing the Town Manager or his designee to execute all necessary documents. Town Manager Mike Slye briefed Council regarding this item. April 22, 2013 Town Council Minutes Page 5 of 8 Council Member Mayer made a motion to approve the Hazard Mitigation Action Plan grant; and authorize the Town Manager or his designee to execute all necessary documents. Motion seconded by Council Member Tiffany. Council Member Rose amended his motion to receive clarification regarding TC MUD 1 participation with the plan. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. Resident and TC MUD No. 1 SecretarylTreasurer Kevin Carr spoke regarding this item. Primary motion approved by vote of 5-0. 15. Consider and take appropriate action regarding the adoption of a new T own Logo. The Town Manager briefed Council regarding the Town Logo. Town Manager Mike Slye was present to answer any questions. The following citizens spoke regarding this item: • Larry Hoover • Sean Weaver • Jim Parrow • Philip Shoffner -Passed out Byron Nelson High School student sketches of possible logo options at the dias. After discussion, Council Member Tiffany made a motion to approve the Town Logo as presented. Motion seconded by Council Member Rose. Motion failed by vote of 3-2, Council Members Mayer and Schroeder voting against. Council Member Schroeder instructed staff to reach out to Byron Nelson High School again to seek finalized versions of the sketches submitted at the dias. 16. Provide an informational update regarding a master sidewalk plan for Indian Creek Street rehabilitation project; discussion of same (no action). Town Engineer Tom Rutledge presented a Power Point presentation to Council regarding a study of Indian Creek sidewalk connectivity to the intersection of PD-30 and Trophy Club Drive. Council took no action on this item. (Informational only) 17. Consider and take appropriate action regarding the award of a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Council Member Mayer made a motion to award a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. April 22, 2013 Town Council Minutes Page 6 of 8 18. Consider and take appropriate action regarding March 2013 Monthly Financials. Finance Director Michael Aguilera briefed Council regarding this item. Council Member Rose made a motion to approve the March 2013 Monthly Financials. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. 19. Town Council Liaison Updates; EDC 4B Meeting; Mayor Pro Tern Strother and discussion of same. Mayor Pro Tem Strother updated Council regarding the April 15, 2013 EDC 4B Meeting. 20. Town Manager Slye's update regarding the following, and discussion of same: -Feasibility Study RFQ, TtF RFQ -TML IEBP Meeting April 24th -26 th Town Manage Mike Stye briefed Council regarding these items. 21. Items for Future Agendas. Council Member Schroeder advised staff to bring forward a discussion regarding ball park signage and reminded staff to promote June as Speed Awareness Month. Council Member Mayer advised staff to research and bring forward a tax incentive or grant assistance for the recovery and renewal of existing residential properties. Larry Hoover spoke urging Council to consider a Town Manager contract of (3) three years. EXECUTIVE SESSION -Council recessed into Executive Session at 10:00 p.m. 22. Pursuant to Texas Government Code, Annotated, Chapter 551, Council convened into Closed Executive Session as authorized by: A. Section 551.071 "Consultation with Attorney" 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 (2». (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. B. Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Annual evaluation of Town Manager, Mike Slye. 23. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. April 22, 2013 Town Council Minutes Page 7 of 8 Council reconvened into Regular Session at 11 :38 p.m. As a result of Executive Session, Council Member Tiffany made a motion to pursue a retail arrangement with the Trophy Club MUD 1 and directed the Town Attorney to draft a counter proposal with a goal for delivery of the proposal to the Trophy Club MUD 1 by May 2013. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. Council Member Mayer made a motion to approve the Town Manager's Contract as a result of Executive Session effective May 16, 2013. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. ADJOURN Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. Meeting adjourned at 11 :46 p.m. Attest: Amy M. Piuk a, TRMC, Town Secretary Town of Tr hy Club, Texas April 22, 2013 Town Council Minutes Page 8 of 8