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Minutes TC 10/07/2013MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 7, 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, October 7, 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 Jeannette Tiffany Mayor Pro Tem, Place 2 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 Clint Schroeder Council Member, Place 3 Bill Rose Council Member, Place 1 TOWN COUNCIL MEMBERS ABSENT: STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIC/Marketing Manager Danny Thomas Fire Chief Lee Delk Police Commander — relieved at 7:29 pm Scott Kniffen Police Chief — arrived 7:29 pm Steven Glickman Finance Director Mayor White announced the date of October 7, 2013, called the Town Council to order and announced a quorum at 6:30 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 7, 2013. 2. Discussion of proposed agenda items for the October 21, 2013 Regular Session Agenda. Council discussed the following topics: • E -cigarettes and possibly creating an ordinance that addresses e -cigarettes as a tobacco product (Council will be considering an e -cigarette store on an upcoming agenda). • Deferred Disposition fee ($25) to recoup administrative costs related to court. CONVENE INTO REGULAR SESSION - START TIME — 6:41 P.M. The Invocation was offered by Fire Chief, Danny Thomas. The Pledges were led by Mayor Connie White. 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. Jim Moss, 979 Trophy Club Drive addressed the Town Council on behalf of the MUD No 1 Board of Directors regarding the agreement letter dated June 19, 2013 to provide water/wastewater service to PID residents which expired September 17, 2013. Mr. Moss advised that MUD No 1 has extended that deadline until October 22, otherwise MUD No 1 will move forward with the wastewater treatment plant design without planning for PID build out. Dena Boudreau, 2622 Argyle Lane addressed the Town Council requesting an update regarding Westlake sewage leak status. Town Manager Slye provided an update regarding the sewage over flow that came from a Westlake lift station and flowed through the Trophy Club creek on the east property line of Beck's property at SH 114 and Trophy Club Drive, and into the large pond at Hogan's Glen. Westlake worked through the weekend draining the creek and ponds and took repeated samples to test the level of sewage in the water. Clean up efforts include power washing the bridge area, waterfall and surrounding rocks, cleaning up the dead fish and eventually refilling and restocking the pond once water tests come out at acceptable levels. Westlake is working with the Trinity River Authority, TCEQ and Texas Parks and Wildlife on the cleanup effort. Julie Richardson, 117 Summit Cove addressed the Town Council regarding the red no parking lane on Summit Cove curb and requested Council look at the ordinance. 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. Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County for administration of the Town's November 5, 2013 Special Election; authorizing the payment of fees, and authorizing the Mayor or her designee to execute all necessary documents. 4. Consider and take appropriate action regarding an interlocal agreement between the Town and Denton County for administration of the Town's November 5, 2013 Special Election; authorizing the payment of fees, and authorizing the Mayor or her designee to execute all necessary documents. S. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2013-19 establishing the Trophy Club Animal Shelter Advisory Board and adding Article II, "Animal Shelter Advisory Board" to Chapter 2, "Animal Control" of the Code of Ordinances of the Town for the purpose of adding one (1) additional seat on the Board to be filled by a resident of the Town; providing that the Board shall consist of six members; and providing an effective date. October 7, 2013 Minutes Page 2 of 6 6. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Roanoke extending library services within the City of Roanoke to the residents of Trophy Club for the 2013- 2014 fiscal year; and authorizing the Mayor to execute all necessary documents. 7. Consider and take appropriate action regarding an Ordinance amending Section 14.04(A), "Designation of Records Management Officer", of Article XIV, "Records Management" of Chapter 1, "Administration" of the Code of Ordinances of the Town, designating the Office of Town Secretary and successive holders and designees of that office as the Records Management Officer for the Town; and providing for an effective date. Motion made by Council Member Rose, seconded by Council Member Schroeder, to approve the Consent Agenda. Motion carried 6-0-0. Motion passed unanimously. REGULAR SESSION 8. Recognition of the Byron Nelson High School Solar Car Team for earning a top honor as 2013 Solar Car Challenge Classic Division National Champions. Live solar car demonstration scheduled at 7:00 p.m. in the Svore Municipal Building parking lot. Meeting recessed to go view the Solar Car Reconvene into regular session at 7:15 pm Mayor White read an overview of the BNHS Solar Car Team's accomplishment and the following were recognized: Team Sponsors: Terry Flickinger, Nick Randolph, Keith Wolfe, David Beattie, Sondra Price and Georgie Weston Team Members: Gage Price, Chase Flickinger, Chase Randolph, Angel Szymanski, Brooke Weston, William Beattie, Matthew Wolfe, Hayden Butler, Kyle Barnes and our drivers Zach Randolph and Austin Flickinger No action taken, recognition only. Presentation of Town facilities feasibility study and analysis conducted by GSBS Architects, including recommendations; Council to discuss and take appropriate action regarding same. Tom Batenhorst from GSBS provided a presentation of the Town facilities feasibility study and addressed questions and concerns from Council. Kevin Carr, 15 Edgemere addressed the Town Council regarding the feasibility study and agrees that the Police Department should be a priority and questioned the targeted budget as referenced in the draft feasibility report. Town Council discussed the Police Department being the priority as we are on a time frame to have the Police out of their current facility and that the Town Hall facility should be looked at separately. Motion made by Council Member Mayer, seconded by Council Member Rose to allow the Town Manager to move forward with the Police Building with the two locations site A & site B listed in the report and providing a study. Motion carried 6-0-0. Motion passed unanimously. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to accept the feasibility report as submitted. Motion carried 4-2-0 with Council Member Mayer, Mayor Pro Tem Tiffany, Council Member Schroeder and Council Member Rose in favor and Council Member Lamont & Mayor White in opposition. Mayor White would like more detail (what it includes, what it doesn't, parameters, etc). October 7, 2013 Minutes Page 3 of 6 10. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club Texas approving a negotiated resolution between Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division, regarding the annual 2013 Rate Review Mechanism; adopting tariffs that reflect rate adjustments for natural gas consistent with the negotiated settlement; providing a most favored nations clause; and providing an effective date. Motion made by Council Member Schroeder, seconded by Council Member Mayer, to approve Ordinance 2013 — 38 of the Town of Trophy Club Texas approving a negotiated resolution between Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division, regarding the annual 2013 Rate Review Mechanism; adopting tariffs that reflect rate adjustments for natural gas consistent with the negotiated settlement; providing a most favored nations clause. Motion carried 6-0-0. Motion passed unanimously. 11. Consider and take appropriate action regarding the appointment of a committee of Council Members for legislative office interactions. Motion made by Mayor Pro Tem Tiffany, seconded by Council Member Schroeder, to appoint Mayor White, Council Member Rose & Council Member Mayer to a committee for legislative office interactions. Motion carried 6-0-0. Motion passed unanimously. 12. Consider and take appropriate action regarding a Resolution amending Resolution No. 2013-11 appointing residents to serve as Directors of the Trophy Club Crime Control and Prevention District ("TCCCPD") in order to appoint a resident to a vacant seat for the remainder of an unexpired term and to designate expiration dates for the terms of office of each of the Directors; and providing an effective date. Town Council discussed the appointment of Patrick Arata to TCCCPD. Town Manager Slye informed the Town Council that Patrick Arata currently serves on the Parks Board and the Blue Ribbon Panel and cannot serve on the TCCCPD if there are other candidates. Dena Boudreau, 2622 Argyle Lane addressed the Town Council requesting Council appoint Patrick Arata to the TCCCPD as the board felt he was the most qualified applicant. Motion made by Council Member Mayer, seconded by Council Member Schroeder, to table this item and place this item on the next Council agenda. Motion carried 6-0-0. Motion passed unanimously. 13. Consider and take appropriate action regarding a letter to the Town from the Trophy Club Municipal Utility District No. 1 regarding the MUD 1 Wastewater Treatment Plant Improvement Project and the request of MUD 1 for a long term water and wastewater agreement with the Town, the Town proposed strategic partnership agreement, and related matters. Larry Hoover, 1118 Brookshire Court addressed the Town Council regarding the long term water contract. The water contract is irrelevant if the Town takes over the MUD, but allows the Town to move down the road and lower cost for the residents. In addition, Mr. Hoover addressed the appointment of Council to legislative office interactions indicates a perception that the Blue Ribbon Panel report is irrelevant and Council should stop any legislative action until the Blue Ribbon Panel provides a final report. Nick Sanders, 7 Hayes Court addressed the Town Council to encourage Council to seriously consider signing the services agreement with MUD No. 1 or some form of that agreement. MUD No 1 is under a time constraint regarding moving forward with the wastewater treatment plant design to satisfy TCEQ. Mr. Sanders discussed some of the options MUD No.1 is faced with at this time. October 7, 2013 Minutes Page 4 of 6 Jim Thomas, 7 Meadowbrook Lane addressed the Town Council that the lack of a contract ties the hands of MUD No 1 and limits the flexibility they have. Mr. Thomas stated that they would love to sit down and talk with the Council about the PID contract and get it worked out. Mr. Thomas does not feel that the PID contract has anything to do with whether MUD No 1 should go away or not it only allows MUD No 1 the maximum of financial prevue to look and see what is best for the community. Is the PID in the design or not is all MUD No 1 wants to know. Motion made by Council Member Mayer that the action taken regarding the letter received from the MUD District Manager dated October 1, 2013 is to request a joint public meeting with the MUD No. 1 Directors to discuss this matter, the matter on the agenda is to discuss the PID contract and come to a consensus, seconded by Mayor Pro Tiffany. Motion carried 6-0-0. Motion passed unanimously. 14. Town Council Liaison Updates; discussion of same: No Town Council Liaison updates 15. Town Manager Slye's update regarding the following; discussion of same. • Election Update • Transportation update HWY 114/170 - Staff met with TX DoT, Westlake and Roanoke to discuss five issues that are concerns for the municipalities. TX DoT agreed that several issues must be addressed and will be working to correct the problems. • TML 101st Annual Conference Tuesday, October 8, 2013 through Friday, October 11, 2013 • Tom Thumb Fuel Station update -The fuel station is currently under construction • TCWC Garage Sale 10/19/2013 • Park Board Meeting (Tree Mitigation Appeal) 10/8/2013 • Parks and Recreation Activity Update • Future Town Council Meeting Dates Town Manager Slye updated the Council and addressed questions; no action taken, update only. 16. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. • Chamber Meeting • Mayor's Roundtable • TML Region 8 • MUD 1 Open House Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 17. 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. October 7, 2013 Minutes Page 5 of 6 EXECUTIVE SESSION 18. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (the Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with 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: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. CONVENE INTO EXECUTIVE SESSION - START TIME — 9:57 P.M. RECONVENE INTO REGULAR SESSION - START TIME —10:25 P.M. RECONVENE INTO REGULAR SESSION 20. Consider and take appropriate action regarding Executive Session. No action taken. ADJOURN Motion made by Council Member Mayer, seconded by Council Member Schroeder, to adjourn. Motion carried 6-0- 0. Motion carried unanimously./Meeting adjourned at 10:26 p.m. 2zlz- T1mmy Ard, T u�vn Secretary onnie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas October 7, 2013 Minutes Page 6 of 6