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Minutes TC 04/08/2013MINUTES FROM REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, AprilS, 2013 at 5:45 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 8, 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: Connie White Mayor Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Glenn Strother Mayor Pro Tem, Place 5 TOWN COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mike Stye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Amy Piukana Town Secretary April Reiling Public Information Officer/Marketing Manager Michael Aguilera Finance Director Adam Adams Director Parks and Recreation Scott Kniffen Police Chief Danny Thomas Fire Chief Mayor White announced the date of April 8, 2013, called the Town Council to order and announced a quorum at 5:50 p.m. 1. Consider and take appropriate action regarding a Proclamation of the Town Council declaring April 25, 2013 as Parental Alienation Awareness Day, and calling citizens of Trophy Club to join others at noon on April 25, 2013 to blow bubbles for love. Mayor White read a proclamation declaring April 25, 2013 as Parental Alienation Awareness Day. Council Member Rose made a motion to approve a Proclamation of the Town Council declaring April 25, 2013 as Parental Alienation Awareness Day, and calling citizens of Trophy Club to join others at noon on April 25, 2013 to blow bubbles for love. Motion seconded by Council Member Schroeder. Motion approved by vote of 6-0. TOWN HALL -GOLF CART 2. Town Hall Meeting Golf Cart Community -Council to host a Town Hall Meeting to receive Citizens input regarding the use of golf carts within the Town and a plan to become a golf cart community; Council to discuss and provide direction to staff regarding the same. Town Manager Mike Slye and Police Chief Scott Kniffen briefed Council regarding the proposed Golf Cart Ordinance. Police Chief Kniffen reviewed the State Statutes. Chief Kniffen expressed concerns with possible safety issues in regards to children riding in Golf Carts, the lack of seatbelt restraints and visibility of golf carts after dusk. There were approximately 40 residents that attended the Golf Cart Town Hall. The following citizens spoke in support of the proposed Golf Cart Ordinance: • Fred Allen • Melissa Pratt Erika Lynch • • Chris Clark • Austin Fox • John Barber • Mike Carlozzi • Terry Handley Council asked audience members for a show of hands in support of a Golf Cart Friendly Ordinance. The majority indicated by a hand vote they were in support. However; residents urged Council to allow parental discretion with children and seat belt enforcement. Council advised staff to amend and re-draft a Golf Cart friendly Ordinance to be presented at the April 22, 2013 Town Council Meeting. The Town Hall Meeting recessed at 7:16 p.m. CALL TO ORDER AND ANNOUNCE A QUORUM. CONVENE INTO REGULAR SESSION CONVENE INTO REGULAR SESSION -7: 22 P.M. The invocation was given by Fire Chief Danny Thomas. The Pledge of Allegiance and Pledge to the Texas flag were led by Council Member Rose. 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 present that wished to speak. CONSENT AGENDA April 8, 2013 Town Council Minutes Page 2 of7 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 approving Minutes dated March 1, 2013 and March 18, 2013. 4. Consider and take appropriate action approving an Amended Plat of Lots 1-20 and Common Area Lots 1A and 20A, Block J, being an 11.165 acre tract of land located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Texas. 5. Consider and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right of Way Access Line Rates, and designating the Town Manager as the Town's authorized representative. Council Member Mayer made a motion to approve Consent Item No. 3-5, as presented. Motion seconded by Council Member Rose. Motion approved unanimously. REGULAR SESSION 6. Consider and take appropriate action regarding the adoption of the Audit and Financial Report dated March 29, 2013. The annual town audit for FY11-12 was conducted by a third party (Weaver and Tidwell) and lasted approximately two months. No instances of non-compliance were found, but the following were noted by the auditors: • Increased capital assets (infrastructure) to town by over $9.4 million by claiming PID Subdivider Agreements with developers. o Recommended the town improve capital asset controls by implementing formalized procedures over capital assets and improving communication between Finance and Community Development to ensure capital gains relating to Subdivider Agreements are appropriately reflected in annual audit. • Recommended the town evaluate the benefits of preparing its own financial statements at year end against the cost of a third party review. Council Member Rose made a motion to approve the adoption of the Audit and Financial Report dated March 29, 2013. Motion seconded by Council Member Mayor Pro Tem Strother. Motion approved by vote of 6-0. Next Item discussed was Agenda Item No. 10. 10. Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the installation of a playground located at the termination of Trophy Club Drive in an amount not to exceed $151,268.80; and authorizing the Town Manager to execute any necessary documents. Parks and Recreation Director Adam Adams briefed Council regarding the proposed new toddler playground. April 8, 2013 Town Council Minutes Page 3 of7 The following citizens spoke on this item: • Jamie Powell • Rachel Koch Council Member Schroeder made a motion to approve the expenditure of 2008 Park Bond funds towards the installation of a playground located at the termination of Trophy Club Drive in an amount not to exceed $151,268.80; and authorizing the Town Manager to execute any necessary documents. Motion seconded by Council Member Rose. Council Member Mayer expressed thanks to staff and the Parks Board for their assistance with this project. After noting an error in the agenda language not to exceed amount, Council Member Schroeder made a motion to amend the expenditure of 2008 Park Bond funds towards the installation of a playground located at the termination of Trophy Club Drive in an amount not to exceed $155,590.76; and authorize the Town Manager to execute any necessary documents. Motion seconded by Council Member Tiffany. Motion approved by vote of 6-0. Next Item discussed Item NO.7. 7. Consider and take appropriate action to accept the resignation of Planning & Zoning Commissioner Joe Lancor. Mr. Lancor explained to Council that he is unable to serve the remainder of his term due to travel requirements with his current employer. Council Member Rose made a motion to approve the resignation of Planning & Zoning Commissioner Joe Lancer. Motion seconded by Council Member Mayer. Council Member Rose made a motion to amend the motion to approve the resignation of Planning &Zoning Commissioner Joe Lancor with the effective date of April 30, 2013. Motion seconded by Council Member Mayer. Motion approved by vote of 6-0. Next /tem discussed Item 8. 8. Consider and take appropriate regarding a Resolution No. 2013-05 amending Resolution No. 2012· 26 appointing citizens to serve on Town Boards, Commissions and Corporations in order to fill four vacant seats on the Planning and Zoning Commission for the remainder of the respective unexpired terms of those seats; designating a Chair and a Vice Chair. and providing an effective date. Town Manager Slye explained to Council that the Town received six (6) applications for the Planning &Zoning Commission and five (5) candidates were interviewed. Council Member Mayer recused himself from voting, due to a possible conflict of interest. Council Member Rose made a motion to appoint Garrett Reed to Planning & Zoning Commission Place NO.2. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0, Council Member Mayer was not in attendance. Council Member Mayer returned to the meeting. AprilS, 2013 Town Council Minutes Page 4 of7 Council Member Mayer made a motion to appoint Larry Vowell to Planning & Zoning Commission Place No.4. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-1, Mayor White voting in opposition. Council Member Tiffany made a motion to appoint Richard Senelly to Planning & Zoning Commission Place No.3, Larry Vowell to Place No.1, and Fred Allen to position Place NO.4. Motion seconded by Council Member Schroeder. Council Member Tiffany amended her motion to the following summarized positions: Place No.1 -Larry Vowell (2013) Place No.2 -Garrett Reed (2013) Place No.3 -Richard Senelly (2014) Place No.4 -Fred Allen (2014) Effective date of appointment -May 1, 2013. Applicant Richard Senelly was present to answer any questions, and briefly discussed his qualifications and past leadership experience. Council Member Tiffany added to her amended motion to appoint the Planning & Zoning Commission Chairman position to Richard Senelly and Vice Chair to Larry Vowell. Motion seconded by Mayor Pro Tem Strother. Motion approved by vote of 5-1, Mayor Pro Tem Strother voting against. 9. Consider and take appropriate action regarding the expenditure of remaining 2008 Park Bond funds towards the installation of twenty three trees to be located within Independence East in an amount not to exceed $4,167.83. Parks Director Adam Adams briefed Council regarding the expenditure of funds for additional trees at Independence Park. The following citizens spoke regarding this item: • Jeanne Buck Council Member Schroeder made a motion to approve the expenditure of remaining 2008 Park Bond funds towards the installation of twenty-three (23) trees to be located within Independence Park in an amount not to exceed $4,167.83. Motion seconded by Mayor Pro Tem Strother. Motion approved by vote of 6-0. 11. Consider and take appropriate action regarding adoption of the Vision 2030 Plan. Town Manager Mike Slye briefed Council regarding this item. Council Member Mayer made a motion to approve the adoption of the Vision 2030 Plan. Motion seconded by Council Member Tiffany. Motion approved by vote of 6-0. 12. Town Manager Slye's update regarding the following; discussion of same. -Police Department facility update -Early Voting -published April 10th and 17th -Community Garage Sale -April 20th -Annual Medal of Honor Procession -gather on bridge with flags April 10th 4-4:30 p.m. AprilS, 2013 Town Council Minutes Page 5 of7 -Indian Creek Road Improvement Project -West Nile Update Town Manager Slye provided an update regarding these items listed above. 13. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. -Emergency Management Meeting -Metroport Cities Partnership -Mayor's Roundtable Dinner -GE Manufacturing Solutions -Chamber Luncheon Mayor White provided an update regarding these items listed above. 14. Items for future agendas ­ Council advised staff to add Staff Liaison updates to the agenda. Council Member Mayer asked staff to consider adding a Tax abatement programs to future agendas. Council Member Schroeder advised staff to add the month of June as Speed Awareness Month. Executive Session -Council recessed into Executive Session at 9:30 p.m. 15. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 (2) "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 551.087 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 551.072 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) Police department relocation and municipal services facilities D. Section 551.074 to deliberate the appOintment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: April 8, 2013 Town Council Minutes Page6of7 (1) Annual evaluation of Town Attorney. Patricia Adams RECONVENE INTO REGULAR SESSION 16. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Council reconvened into Regular Session at 12:52 a.m. As a result of Executive Session Item 15.(A) Council Member Tiffany made a motion to direct the Town Attorney to seek outside legal counsel to continue reviewing the proposed contract for water and wastewater services and provide input and advice. Motion seconded by Council Member Mayer. Motion approved by vote of 6-0. As a result of Executive Session Item 15.(8) Council Member Mayer made a motion to direct the Mayor to accept an employment agreement with the Town Attorney for legal services. Motion seconded by Council Member Rose. Motion approved by vote of 6-0. ADJOURN Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council Member Schroeder. Motion approved by vote of 6-0. Meeting adjourned at 12:58 a.m. AprilS, 2013 Town Council Minutes Page 7 of 7