Minutes TC 05/20/2013MINUTES FROM REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 20, 2013 at 7:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
May 20, 2013. The meeting was held within the boundaries of the Town and was open to the
public.
STATE OF TEXAS §
COUNTY OF DENTONIT ARRANT §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
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:
None
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 White announced the date of May 20, 2013, called the Town Council Meeting to order
and announced a quorum at 7:01 p.m.
CONVENE INTO REGULAR SESSION -ESTIMATED START TIME -7:00 P.M.
INVOCATION -The invocation was led by Council Member Schroeder.
PLEDGES -Finance Director Michael Aguilera 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.
The following citizens were present to speak:
Trish Myers with The Church at Trophy Lakes invited Town Council and Town Staff to
attend a Memorial Day Block party on Sunday, May 26, 2013 5 p.m. to 8 p.m. The event
is free and everyone is invited.
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 an Ordinance amending
Chapter 11, "Public Works", Article IX, "Drought Contingency Measures"
adopting a Policy Statement and Year Round Water Management and
Conservation Requirements applicable in the absence of the declaration of
a Drought Stage; providing for numbering amendments within Article IX;
providing a penalty; and providing an effective date.
2. Consider and take appropriate action regarding the Minutes dated May 6,
2013.
Council Member Rose made a motion to approve Consent Items 1-2. Motion seconded by
Council Member Schroeder. Motion approved by vote of 6-0.
REGULAR AGENDA
3. Consider and take appropriate action regarding a Consulting Agreement
between the Town and GSBS for professional services to develop a Facility
Condition Audit, Future Space Needs Analysis and proposed Site Study and
Analysis; and authorizing the Mayor to execute all documents.
Town Manager Mike Slye briefed Council regarding this item. Mr. Slye noted several firms
responded to the request for quotes and after interviewing the final three candidates, GSBS
was chosen. The contract submitted by GSBS was for $47,500. A representative with
GSBS Architects was present to answer questions.
Council Member Rose made a motion to approve a Consulting Agreement between the
Town and GSBS for professional services to develop a Facility Condition Audit, Future
May 20.2013 Town Council Minutes Page 2 of6
Space Needs Analysis and proposed Site Study and Analysis; and authorizing the Mayor to
execute all documents. Motion seconded by Council Member Mayer. Mayor Pro Tem
Strother recused himself due to a conflict of interest. Motion approved by vote of 5-0, with
Mayor Pro Tem Strother recusing himself from voting on this item.
After the vote, Mayor Pro Tem Strother rejoined the meeting.
4. Consider and take appropriate action regarding an Ordinance abandoning
the Town's interest in a 0.9679 acre right-of-way dedicated to the Town and
formerly used as part of Parkview; providing for findings of public purpose
to convey the vacated right-of-way to NISD for the public purpose of
facilitating ingress and egress to public roadways; providing for conditions
of conveyance; and providing an effective date.
Town Manager Mike Slye briefed Council regarding this item.
Council Member Mayer made a motion to approve an Ordinance abandoning the Town's
interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of
Parkview; providing for findings of public purpose to convey the vacated right-of-way to
NISD for the public purpose of faCilitating ingress and egress to public roadways; providing
for conditions of conveyance; and providing an effective date. Motion seconded by Council
Member Tiffany. Motion approved by vote of 6-0.
5. Consider and take appropriate action regarding a Consulting Agreement
between the Town and Bennett Benner Pettit for professional services
related to the creation and adoption of two Tax Increment Financing
Districts or Tax Increment Reinvestment Zones for the purpose of planning
and economic development; and authorizing the Mayor to execute all
documents.
Assistant Town Manager Stephen Seidel briefed Council regarding this item.
Council Member Tiffany made a motion to approve a Consulting agreement between the
Town and Bennett Benner Pettit for profeSSional services related to the creation and
adoption of two Tax Increment Financing Districts or Tax Increment Reinvestment 'Zones for
the purpose of planning and economic development; and authorizing the Mayor to execute
all documents. Motion seconded by Council Member Mayer. Council Member Rose made a
motion to amend the motion to add the words "in an amount not to exceed $70,000." Motion
seconded by Council Member Tiffany. Motion approved by vote of 6-0.
Resident Larry Hoover spoke in support of this item.
EDC Chairman Jim Hicks spoke in support of this item.
Upon final vote, Council approved by vote of 6-0.
6. Consider and take appropriate action regarding Financial and Variance
Report dated April 2013.
Finance Director Michael Aguilera briefed Council regarding this item.
May 20. 2013 Town Council Minutes Page 30f6
Mayor Pro Tem Strother made a motion to approve the Financial and Variance Report dated
April 1, 2013, as presented. Motion seconded by Council Member Rose. Motion approved
by vote of 6-0.
Town Manager Slye's update regarding the following; discussion of the same.
Police Department Facility
Pool and Splash Pad
TCP Fire Follow Up
Development Update
Town Manager Mike Slye provided an update. Council Member Schroeder asked staff to
provide an update regarding the Splash Pad usage and asked that a report of pool
reservations and cancellations be provided at a later meeting date.
7. Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of the same.
Metroport Cities Partnership
Mayor White provided an update regarding Metroport Cities Partnership. Council Member
Rose gave an update regarding a recent Parks & Recreation Meeting he attended.
8. Items for Future Agendas. Council Member Schroeder reminded staff that June
is speed awareness month. Sales tax update -confidential by State Comptroller
Mayor.
Resident Steve Palla spoke regarding food carts.
EXECUTIVE SESSION
The Town Council and Council Member Elect Greg Lamont convened into Executive
Session at 8:27 p.m.
9. Pursuant to Texas Government code, Annotated, subchapter 551, Council will
convene into closed executive session as authorized by:
(A) Section 551.071 (B) 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.
(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.
RECONVENE INTO REGULAR SESSION
10. To reconvene into Regular Session and take any action necessary as a result of
the Closed Session.
May 20,2013 Town Council Minutes Page 4 of6
The Town Council reconvened into Regular Session at 10:02 p.m.
As a result of Executive Session, the following statement was read by Mayor Connie White
in response to a proposed Retail Water and Wastewater Services Agreement for the Public
Improvement District (PID) that was submitted to the Town of Trophy Club by the Trophy
Club Municipal Utility District No.1 (TC MUD 1) earlier this year.
The Trophy Club Town Council unanimously supports a draft Strategic Partnership
Agreement, a plan that proposes to provide retail utility services to the PID and, overtime,
consolidate the TC MUD 1 government with the Town of Trophy Club government and
provide for appropriate negotiations with Westlake in regards to Solana.
As a Town Council, we are elected by the residents of Trophy Club and charged with
providing for the best interests of the entire community. In March, TC MUD 1 presented the
Town with a Retail Water and Wastewater Services Agreement for the PID that required
that the Town and TC MUD 1 enter into a 24-year contract. For various reasons, the
agreement presented by the TC MUD 1 is not acceptable and we have moved forward with
developing a counter-proposal. Today we publicly present a proposal to the TC MUD 1
Board, the citizens of Trophy Club and the Town of Westlake - a draft proposal that we feel
would strengthen the local governance for the citizens of Trophy Club.
Over the next three years, the StrategiC Partnership Agreement proposes to:
Allow the TC MUD 1 to provide retail water and wastewater services to PID customers, and
Implement a plan to combine current TC MUD 1 infrastructure, facilities, services, functions
and employees into the town organization, and Develop a strategy for the TC MUD 1 to
relinquish services provided to Westlake, and negotiate with Westlake regarding a payout
for facilities and infrastructure located within Westlake town limits, and determine any
remaining debt obligations and make accommodations for revenue loss.
As Mayor, I have a particularly unique perspective because I served on the TC MUD 1
Board of Directors for 26 years, until I was elected Mayor in 2009. I know how important the
TC MUD 1 has been throughout the development of Trophy Club, but the growth of the PID
has created a division in our town. In order to establish equality among the citizenry, the
local government structure needs to change, and the proposed StrategiC Partnership
Agreement helps move Trophy Club in the right direction.
Many remember the town and TC MUD 1 government's feud in 2009 when legal action was
taken by, and against both governments. The hostile relationship, financial waste and
negative backlash hurt both governments, but most of all, it hurt the residents of Trophy
Club. In our current proposal and subsequent actions, I assure you that the Town Council
will maintain a respectful and open dialogue with both the TC MUD 1 and Town of
Westlake.
The proposal allows for a cohesive municipal organization in Trophy Club, which aligns with
the long-term vision for the Town. We no longer need two government entities when one
can do the job. This is the logical continuation of a process that began when a number of
individual MUDs were consolidated into the present TC MUD 1 district.
May 20,2013 Town Council Minutes Page 5 of6
Typically, a MUD would be absorbed when a municipality incorporates; however, TC MUD
1 services two towns: Trophy Club and the portion of Westlake known as Solana. The
unique situation requires that all three elected bodies agree to any change in the current
structure. This proposal is the first step in facilitating a dialogue.
In addition to assuming ownership of TC MUD1 facilities, both Trophy Club and Westlake
would assume and negotiate any remaining debt obligations and make accommodations
for revenue loss. Allowing Westlake to assume ownership of TC MUD 1 facilities in Solana
paves the way for relinquishing control while minimizing the negative financial impact to
Trophy Club residents. As anticipated when the PID was created, the Town Council
believes that the revenue now coming from the PID and commercial development within
Trophy Club will replace existing Solana revenues.
The proposal recommends that in order to minimize outstanding debt, all future capital
expenditures shall be funded by Trophy Club. For example, if a wastewater expansion is
required to accommodate further residential and commercial growth in Trophy Club, then
the TC MUD 1 would agree to withhold issuing debt and allow the town to fund the
expansion in anticipation of consolidation. This would allow for all Trophy Club citizens to
pay their fair share of necessary capital improvements equally.
The TC MUD1 board has provided quality utility services for both communities; but we have
always discussed merging when the time is right. That time is now. As a Town Council we
want to reiterate that we are grateful for the MUD and the dedicated service they have
provided to the Trophy Club area for many years; but, we now ask that the TC MUD 1
Board of Directors consider approving the Strategic Partnership Agreement and do what
we believe is best for the residents and entire community of Trophy Club."
Mayor Pro Tern Strother made a motion to approve submitting an interlocal agreement to
the Town of Westlake and TC MUD1, as discussed in Executive Session. Motion
seconded by Council Member Rose. Motion approved by vote of 6-0.
ADJOURN
Mayor Pro Tern Strother made a motion to adjourn the meeting. Motion seconded by
Council Member Tiffany. Motion approved by vote of 6-0.
Signed:
&'onnie White:MaYor
Town of Trophy Club, Texas
May 20, 2013 Town Council Minutes Page 6 of6