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Minutes TC 09/03/2013MINUTES FROM TOWN COUNCIL REGULAR MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, September 3, 2013 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 3, 2013. The meeting was held within the boundaries of the Town and was open to the public. April Reiling STATE OF TEXAS § COUNTIES OF DENTONITARRANT § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem, Place 2 Bill Rose Council Member, Place 1 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mike Slye Town Manager Amy Piukana Town Secretary April Reiling PIO/Marketing Manager Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director Mayor White announced the date of September 3, 2013, called the meeting to order and announced a quorum at 6:02 p.m. INVOCATION - The invocation was offered by Council Member Schroeder. PLEDGES — The Pledge of Allegiance to the American and Texas Flags were led by Police Chief Scott Kniffen. 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 resident(s) who wished to speak under citizen presentations. 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 the Minutes dated: - August 8, 2013 - August 19, 2013 2. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2013-2014; and authorizing the Mayor or her designee to execute all necessary documents. 3. Consider and take appropriate action regarding an agreement between the Town and Brian Hall, d/b/a Brian The Animal Guy for animal control services; 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 Shared Governance Communications and Dispatch Services System; and authorizing the Mayor or her designee to execute all necessary documents. 5. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the Texas Department of Public Safety for the purchase of various law enforcement supplies, including alcohol blood test kits, urine specimen kits, and gunshot residue kits; and authorizing the Mayor or her designee to execute all necessary documents. 6. Consider and take appropriate action regarding a request for approval of an Amended Plat for Neighborhood 7, Phase 2G, approximately 32.297 acres located in The Highlands at Trophy Club, east of Broadway Drive, north of Trophy Park Drive, and west of Freedom Dog Park. 7. Consider and take appropriate action regarding the following Ordinances amending the Town's Fee Schedule: - (A) An Ordinance repealing Section 8.03, "Community Development Department" of Article VIII, Chapter 1 of the Code of Ordinances of the Town relative to fees for various commercial and miscellaneous permits; and adopting a new Section 8.03, "Community Development Department" establishing fees for various commercial and miscellaneous permits; providing for publication; and providing an effective date. - (B) An Ordinance amending Section 8.11, "Police Department" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for participation in Concealed September 3, 2013 Town Council Minutes Page 2 of 8 Handgun Licensing classes conducted by the Trophy Club Police Department; providing for publication, and providing an effective date. Council Member Rose made a motion to approve Consent Items 1-7, as amended. Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. REGULAR SESSION 8. Presentation of a proclamation for United Way declaring September as "Live United Month". Mayor Pro Tem Tiffany read a proclamation declaring the month of September as "Live United Month" in the Town of Trophy Club. Motion made by Council Member Rose to approve a proclamation for United Way declaring September as "Live United Month". Motion seconded by Council Member Schroeder. Motion approved unanimously. 9. Consider and take appropriate action regarding a Resolution creating a Blue Ribbon Panel to study the current governmental structure within the Town of Trophy Club and to make a recommendation to the Town Council; appointing members to serve on the Panel; and providing an effective date. Town Manager Slye provided a brief overview regarding this item. Motion made by Council Member Mayer to approve a Resolution creating a Blue Ribbon Panel to study the current governmental structure within the Town of Trophy Club and to make a recommendation to the Town Council; appointing members to serve on the Panel; and providing an effective date. Motion seconded by Mayor Pro Tem Tiffany. Motion made by Council Member Rose to align the number of individuals selected from the MUD District and PID to four (4) from the PID and eight (8) from the MUD No.1. Motion seconded by Mayor Pro Tem Tiffany. Motion failed by vote of 2-4, Mayor White, Mayor Pro Tem Tiffany, Council Member Mayer, Schroeder voting against. Motion made by Mayor Pro Tem Tiffany to add one (1) candidate for position of secretary to the committee to provide administrative duties for the committee. Motion seconded by Council Member Mayer. Motion to amend by Council Member Mayer to make this person without voice and without vote. Motion seconded by Council Member Lamont. Motion approved by vote of 5-1, Mayor White voting against. September 3, 2013 Town Council Minutes Page 3 of 8 The main motion to add a 13th member (without voice and without vote) to the Blue Ribbon Panel was approved unanimously. Motion made by Council Member Lamont to add two (2) alternates to the Blue Ribbon Panel. Motion seconded by Mayor Pro Tem Tiffany. Motion to amend made by Council Member Schroeder to add two (2) alternates one from the MUD District and one (1) from the PID. Motion seconded by Council Member Mayer. Motion approved unanimously. Motion to add (2) alternates to the Blue Ribbon Panel, failed by vote 0-6, all voting against. Motion made by Council Member Rose to amend Section 5, page 80, to read, "All meetings of the Panel, including meetings of any subcommittee of the Panel, shall be open to the public and shall be held in accordance with the Texas Open Meetings Act and with the parameters set forth in this Resolution." The rest of the paragraphs shall be replaced with, "The panel shall proceed with its tasks in an orderly and timely fashion." Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to appoint the following residents to the Blue Ribbon Panel: 1. Joe Hennig, MUD 2. Ronald Eddins, MUD 3. Ronald Bieker, MUD 4. Nicole Fontayne, MUD 5. Patrick Arata, MUD 6. Wesley Carlton, MUD 7. James Como, PID 8. Timothy Gamache, PID 9. Mitchell Christoffer, PID 10. Robert Duncan, PID 11. Robert Hillman, PID 12. Wanda Franklin, PID 13. Sandra Millett, Board Secretary Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. The following resident(s) addressed Council regarding this item: Sandra Millet - asked clarifying questions regarding her duties as Secretary to the Board. September 3, 2013 Town Council Minutes Page 4 of 8 10. Consider and take appropriate action regarding an Ordinance amending Section 8.12, "Parks and Recreation" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for Trophy Club Park and for the Community Pool; providing for publication, and providing an effective date. Parks and Recreation Director Adam Adams provided an overview regarding this item. Motion made by Council Member Rose to approve Ordinance No. 2013-26, amending Section 8.12, "Parks and Recreation" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for Trophy Club Park and for the Community Pool; providing for publication, and providing an effective date. Motion seconded by Mayor Pro Tem Tiffany. Motion made by Council Member Rose to amend the wording under pool residential rate (Item Number 5) to include the wording "weekend only", and also under the residential and non residential pool rate section. Motion to amend the motion made by Council Member Rose to add the wording "Saturday - Sunday", also under non residential rental rates to add the wording "Saturday - Sunday". Motion made by Council Member Rose to table this item to a later time in the meeting. Motion seconded by Council Member Schroeder. Motion approved unanimously. 11. Consider and take appropriate action regarding an Ordinance amending Section 1.20 "Licenses and Tags" of Article I, "Animals" of Chapter II, "Animal Control" and amending Subsection "A", "Registration" of Section 8.06, "Animal Control" of Article VIII, "Schedule of Fees" of Chapter 1, "Administration" of the Code of Ordinances of the Town relative to animal registration and the related fee; providing for publication; and providing for an effective date of January 1, 2014. Police Chief Scott Kniffen provided an overview regarding this item. Mayor Pro Tem Tiffany made a motion to approve Ordinance No. 2013-25, amending Section 1.20 "Licenses and Tags" of Article I, "Animals" of Chapter II, "Animal Control" and amending Subsection "A", "Registration" of Section 8.06, "Animal Control" of Article VIII, "Schedule of Fees" of Chapter 1, "Administration" of the Code of Ordinances of the Town relative to animal registration and the related fee; providing for publication; and providing for an effective date of January 1, 2014. Motion seconded by Mayor White. September 3, 2013 Town Council Minutes Page 5 of 8 Council Member Mayer spoke in opposition to the proposed Ordinance, raising concerns regarding the Police Department enforcing the Ordinance, staff time, manpower necessary to register animals and overall management of the database. The main motion failed by vote of 0-6, Mayor White abstained from voting. 12. Update and discussion regarding Section 551.006 of the Texas Government Code "Written Electronic Communications Accessible to Public" (effective September 1, 2013); consider and provide direction to staff regarding same. Town Attorney Patricia Adams provided Council an overview. Council urged staff to research and provide a breakdown of any costs associated with this additional social networking service being added to the Town's website. Mayor White recessed for a short break. 13. Consider and take appropriate action regarding a request for approval of a Site Plan on Lot 2R1, Block B of Trophy Wood Business Center. Community Development Director Carolyn Huggins provided an overview to Council regarding this item. Motion made by Council Member Rose to approve a Site Plan on Lot 2R1, Block B of Trophy Wood Business Center with variances to east and west elevation signage. Motion seconded by Mayor Pro Tem Tiffany. Motion to amend the motion made by Council Member Rose, to require sidewalks along Hwy 114 on the site plan. Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. Council skipped to Item 10. 10. Consider and take appropriate action regarding an Ordinance amending Section 8.12, "Parks and Recreation" of Article VIII, of Chapter 1 of the Code of Ordinances relative to fees for Trophy Club Park and for the Community Pool; providing for publication, and providing an effective date. Motion made by Council Member Rose to remove Ord. 2013-26 from the table. Motion seconded by Council Member Schroeder. Later in the meeting, Parks and Recreation Director Adam Adams provided an updated fee Ordinance at the dais reflecting changes previously discussed by Council. Motion made by Council Member Schroeder to add the wording to Section 2 of Rental Rates "2 Hour rental rate". Motion seconded by Council Member Rose. September 3, 2013 Town Council Minutes Page 6 of 8 Motion approved unanimously. The main motion to approve Ordinance 2013-26, as amended, was approved 5-1, Council Member Schroeder voting against. 14. Town Manager's Update; discussion of same. - November 5, 2013 Election Update - Transportation Update Hwy 114/170 - Indian Creek Project Update - TIRZ No. 1 Board Applicant Update - TCEQ Update Town Manager Slye updated Council on the above items. 15. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - August 23, 2013 - Northeast Courthouse groundbreaking - August 23, 2013 - Women in Government luncheon Mayor White updated Council on the events above. 16. Future Agenda Items. No action taken on this item. EXECUTIVE SESSION 17. 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; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B) Texas Government Code Section 551.074(a) "Personnel Matters", to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary, Amy Piukana RECONVENE INTO REGULAR SESSION 18. Consider and take appropriate action regarding the Executive Session. Council Member Schroeder made a motion to accept the resignation of Town Secretary September 3, 2013 Town Council Minutes Page 7 of 8 Amy Piukana. Motion seconded by Council Member Rose. Motion approved by vote of 5-1, Mayor Pro Tem Tiffany voting against. Council Member Mayer made a comment regarding the newspaper ad signed by the five members of the MUD Board and the recent MUD mailer mailed out to all residents. Council Member Mayer was opposed to the information sent out stating this is misinformation and disinformation used to illicit fear. Council Member Mayer urged residents to ask the MUD to provide evidence and/or documentation regarding the Council wanting to raise property taxes and water rates. ADJOURN Motion made by Council Member Schroeder to adjourn. Motion seconded by Council Member Rose. Motion approved unanimously. The meeting adjourned at 10:11 p.m. Att Signed: T y AWIlown Secretary onnie White, Mayor Town of Tr�ohy Club, Texas Town of Trophy Club, Texas September 3, 2013 Town Council Minutes Page 8 of 8