Loading...
Minutes TC 08/15/2005. . MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 15,2005 7:00 P.M. STATE OF TEXAS 0 COUNTY OF DENTON 0 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, August 15", 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Pam Cates Susan Edstrom Beverly Foley Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Lisa Ramsey 1 Beth Ann Gregory I Patricia Adams Mike Pastor Adam Adams Randy Briggs Kerin Fleck Sakura Moten-Dedrick Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Community Development Manager Town Attorney IS Manager Parks and Recreation Director Police and Fire Services Director Planning and Zoning Coordinator Financial Analyst The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, August 15, 2005. The meeting was held within the boundaries of the Town and was open to the public. A. 1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation. Director Briggs gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Mayor Pro Tem Cates led the pledges. B.l 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. Lynda Sanders, 1 Michelle Court - Addressed Council with concerns of the Special Events Planning for the Town. She fears that the inadequate commitment and planning is negatively impacting the Town. In addition, thinks Council should be more involved with the schedule of such events. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: Budget Public Hearing scheduled for August 29". Nextel Contract Nextel has signed the contract and will be presented to Council on August 29th. Community Development: Indian Creek Road Construction The concrete pours have been completed on the south side (eastbound) lanes of Indian Creek. The contractor anticipates that south side (eastbound) lanes will be opened on or about August 18"; at which time the north side (westbound) lanes will be closed to begin construction. Miscellaneous Street Repairs Repairs continue throughout Town. Please watch for traffic signs and cones directing traffic around these areas for your protection as well as our workers. Administration Building Addition The plans will be completed on August 161h. The construction manager, Steele Freeman will go out to bid for construction on August 171h. The results of the bidding process will be brought before Council on September 19". Building Permits 47 residential permits have been issued this fiscal year-to-date at a value of $17.6 million. Parks and Recreation: Pool The pool will be closed for repairs on Monday, August 15" until such time as the repairs are completed. We identified that there was a leak early in the season, and made temporary repairs hoping that they would hold until the season ended. Our water loss has increased markedly this last week to the point that the pool needs to be repaired prior to the end of the season. Fees Staff has pulled the sports fee agenda item as we are making it more comprehensive by adding tournament fees, and also matching the information requested with towns and cities that have more comparable demographics to that of Trophy Club. Special Events: Reception for Superintendent of School District, Dr. Karen Rue Monday, August 29" 6:30 Reception and 7:00 Bond Issue Presentation Trophy Club Fall Festival in conjunction with Women's Club In conjunction with the Women's Club the Fall Festival will be held Saturday, October 15", from 12:OO to 5:OO. The RoanokeITrophy Club Soccer Association and the Northwest High School Hockey Team have confirmed participation. Several vendor booth applications have been received. Light the Town with Christmas Lights The event is planned for the first weekend in December. Planned activities: Christmas Parade; Clock Tower Christmas Tree Lighting; Santa arrival and reception. The Church at Trophy Club, Fellowship United Methodist Church and the Trophy Club Country Club have confirmed participation. Economic Summit in Spring The Town is planning in conjunction with surrounding Chamber citiesltowns. Planning and Zoning: Trophy Club Plaza (PD-21) Developer Regency Centers has formally requested an amendment to the signage regulations at the Trophy Club Plaza (PD-21), to increase the height of the monument sign along State Highway 114 in order to gain greater signage visibility for highway traffic. The amendment to the signage will require a public hearing. Special Use Permit requested for Vinny's Restaurant Vinny's Restaurant has requested a Special Use Permit for alcohol sales. Both the PD-21 signage amendment and the SUP are scheduled to go before the Planning & Zoning and the Town Council in a Joint public hearing on September 6th. Police and Fire Services: RFP for a DPS HQ and New Fire Station DPS is currently developing an RFP to send out for a comprehensive needs assessment for a DPS HQ and New Fire Station. Bicycle and Scooter Safety Program A safety program in conjunction with BSA Troop to teach children bicycle and scooter safety. Public Safety Citizen Advisory Group Met twice with Public Works CAG to discuss the development of striping Indian Creek Drive Project. D. 1 Discuss and take appropriate action regarding a potential pilot program to designate a three quarter mile section of Trophy Club Drive between Oak Hill and Meadow Creek as one lane with a shoulder to provide traffic calming and establish an area of the road where normal motor vehicle travel would be prohibited, but parking would be maintained. Council member Foley made a motion to table for 60 days to educate people; Council member Edstrom seconded the motion. Mayor Sanders opened the floor for discussion. Council member Spence opposed tabling this item. Council member Edstrom advised that the 1998 project plan is out of date and suggested a referendum. Mayor Sanders asked the Council to speak to the motion of tabling this item. Mayor Pro Tem Cates suggested that the motion be amended from 60 to 30 days, questioning if this would allow information to be included in the next cycles water bills. Community Director, Beth Ann Gregory asked that Council clarify the type of information they are requesting be sent to the residents. Mayor Sanders spoke to the current motion to table and allowed citizens to address the Council opposing this motion. Jennifer Reed, 1039 Wilshire Drive - Signed up in favor of this project. Dennis Sheridan, 1 Hillcrest Court - Sign up did not indicate in favor or against. Lori Peeraer, 307 Skyline Drive - Signed up in favor of this project. Margi Cantrell, 1105 Sunset Drive - Signed up in favor of this project. Council member Foley modified her motion by moving that this item be tabled for 30 days, directing staff to advertise the pilot project in the Newsletter, on List Serve and create a survey on the website, bringing the results back to Council at the September 19' meeting; Council member Edstrom agreed with the change. Motion passed 3:2, with Council member Spence and Williams voting against. Although the item was tabled, the Mayor allowed the following residents to address the Council: Sally Michalak President of the Northwest Metroport Chamber, 17 Salida Drive - Wrote a letter expressing neutrality and suggesting that the residents be educated through information sent in the water bills and great signage. Margi Cantrell, 1105 Sunset Drive - Spoke in favor of the pilot project. Lori Peeraer, 307 Skyline Drive - Spoke in favor of the pilot project. Bob Downey, 531 Indian Creek - Spoke in favor of the pilot project. Bill Loney, 610 Indian Creek Drive - Spoke against street striping. Mike Foley, 221 Oak Hill Drive - Spoke against street striping. Pat Carr, 11 16 Trophy Club Drive -Spoke against street striping. Kristine Peterson, 1124 Trophy Club, Drive - Spoke against street striping. Jeffrey Peterson, 1124 Trophy Club, Drive - Spoke against street striping. Denise Stamos. 530 Indian Creek Drive -Signed up to speak in favor, but deferred her comment at this time. Bill Matthai, 500 Indian Creek Drive, Spoke against street striping. JD Harvey, 5 Sunrise Court - Spoke against street striping. Jennifer Reed, 1039 Wilshire Drive - Already addressed Council speaking against motion to table and in favor of project. Kathleen Wilson, 34 Meadowbrook Lane - Spoke in favor of the project. Community Director, Beth Ann Gregory clarified that the direction given to staff by the Town Council was a request to advertise the traffic control measures in the Newsletter, on List Serve and to create an online survey on the website for citizens suggestions and to present to Council the result of the survey at the September 19' meeting. Mayor Sanders thanked the residents for attending and voicing their opinions. D.2 Discuss and take appropriate action regarding the potential reconsideration by Council of the passage of Resolution Number 2005-15 appointing citizens to four (4) seats on the Planning and Zoning Commission. (RES. # 2005 -23) Council member Williams made a motion to repeal Resolution 2005-15; Council member Foley seconded. Mayor Sanders advised that this motion speaks to the appropriateness to repeal the resolution, not whom to appoint. Council member Williams advised that he felt that a very bad precedence was set in July when the majority of the Council decided to override a majority decision previously made by the Council and that this decision took place at a meeting where one of the Town Council members was absent. Council member Williams said that he requested that this come before Council again, with all members present. Council member Edstrom pointed out that both Council member Spence and Williams were aware of this agenda item two weeks in advance, that Council member Spence did not notify the Town Secretary until Friday, July 15' that he would not be able to attend the July 18' and that neither asked for it to be moved. Council member Williams disagreed, saying that he did ask the Mayor to move the item and Council member Spence advised that he did notify the Town Secretary, Lisa Ramsey of his vacation plans prior to that Friday. Mayor Sanders allowed citizens to comment on the current motion to repeal 2005-15. Alan Bailey, 15 Ridgewood Drive - Spoke against repealing Resolution 2005-15 as he felt that a systematic process of evaluation took place on July 181h, and that the appointments were appropriate and afforded according to the candidates qualifications. Shelby Bailey, 15 Ridgewood Drive - Spoke against repealing Resolution 2005-15, saying that she did not feel that there was an abuse of the process or discretion. Council member Spence contended that the process did change that night, even so admitted by Mayor Sanders. Council member Williams continued that when a minority of the Council decides to try and overrule a majority vote of Council chaos is created. Mayor Sanders clarified that according to Robert's Rules of Orders pages 276 and 417, the Chair has the option of how elections are conducted. At the time he felt that the nomination process was a more fair methodology to fill seats, however, after hearing that the Council did not like the nomination methodology he reconsidered. Mayor Sanders called for the vote on the Motion to rescind 2005-15, passed 3:2, with Mayor Pro Tem Cates and Council member Edstrom voting against. Mayor Sanders recognized P & Z Chairman, Gene Hill to make his recommendation. Mr. Hill stated that in his 18 years of service to the Town, it has been Council's history to reappoint seated members when their term expires. Mr. Hill continued that the three applying for reappointed: Clayton Reid, Jim Moss and himself submitted their applications by the March 251h deadline. The vacancy was posted on the marquee, the Town's website and on Channel 7 and received five applications from May 1 lth - June 9'. Leading up the June 20" meeting, Mr. Hill interviewed four of the candidates; three in person and one by phone. Mr. Hill was not able to schedule a meeting with Mr. Smith during this time, but as of this week has had an opportunity to speak in person with him. Mr. Hill restated his previous recommendation made to Council to reappoint the three sitting members, and strongly recommended as he did in his previous writing that Steven Stamos be appointed. Council member Williams questioned Mr. Stamos' admission of a close to expert working knowledge of the Town's ordinances, as indicated in the supplemental application. Mr. Stamos responded that he has previous experience working with a developer in the Metroplex who was considering purchasing the remainder of Beck's property and had reviewed our ordinances at that time. Council member Edstrom made a motion to reappoint returning Commissioners, Gene Hill, Jim Moss and Clayton Reed and to the open seat, appoint Stephen Stamos; Mayor Pro Tem Cates seconded. Bob Radder, 1 Lee Court - Wrote a letter to Council opposing the reconsideration of appointments made, as they were the most qualified. Bill Matthai, 500 Indian Creek Drive (Neutral) - Spoke to the level of expertise Mr. Stamos has to offer. Bob Downey, 531 Indian Creek Drive (Neutral) - Signed up to leave, had to leave before being asked to speak. Greg Lamont, 15 Avalon Drive - Began 'by stating that disappointment does not give the appearance of misconduct and spoke to how the selection process could possibly deter qualified candidates to apply for Commission and Boards. Alan Bailey, 15 Ridgewood Drive (TBD) Agrees with the recommendations made by Mr. Hill. Shelby Bailey, 15 Ridgewood Drive - (TBD) Supports Mr. Hills recommendations for appointments. Council member Williams commented that Mr. Stamos' application gives the appearance of being the most qualified and although Mr. Hill indicated as much in the summary of his interview, he did not specifically make a recommendation for the open seat at the June 201h meeting, but rather asked for special consideration for Mr. Smith. Council member Williams continued that without any discussion, a motion was made at the June 20' meeting and he does not want the appointment of Steven Stamos to be a black eye on candidate Scott Smith. Council member Foley thinks that the time served in the Town shows a commitment and if someone no longer wants to serve in their current position, they should have the opportunity to move into a different position in another capacity within the Town. Council member Edstrom advised that although the process this time may have been sequacious, it was the only way to ensure that the original process, as established in 2003, where the Chairman makes their recommendation to the Council, was no longer in question. Gene Hill acknowledged that he did not make a straightforward recommendation at the June meeting, as he had provided his recommendations in writing in anticipation that Council would review prior to the meeting. Mr. Hill advised that if, and when he needed to make future recommendation, he will speak up and will clearly speak his recommendation, trusting that the Council has read the information provided. Mayor Sanders called for the vote. Motion to reappoint Gene Hill, Jim Moss and Clayton Reed and to appoint Stephen Stamos passed unanimously. D.3 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-02, in its entirety, and adopting a new Ordinance relating to the dedication of park land and open space. (ORD # 2005-19) Adam Adams advised the Council that this is a proactive measure taken to cover the needs of the Town in anticipation of the future development Staff has revised the Park Ordinance with parkland dedication requirements that are roughly proportionate to the requirements generated by the build-out population numbers. Council member Spence made a motion to adopt the new ordinance; Council member Edstrom seconded the motion. Neil Twomey, 203 Oakmont Drive - Voiced his concern with section 5 of the proposed ordinance. Council member Spence and Edstrom moved adopt the ordinance with the following modification to section 5.A.2: Any areas of unusual topography, slope or other characteristics which renders same unusable for organized recreational activities or other parks and recreational uses. Motion passed unanimously. 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. Items D. 4 and D.5 were removed from consent as requested by Council member Williams, D.6 as requested by Mayor Pro Tern Cates and D.9 as requested by Council member Foley. Motion to approve the Consent Agenda as modified; Items D.7, D.8 and D.lO, moved by Council member Williams; seconded by Council member Edstrom. Motion passed unanimously. D.4 Consent agenda: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2005 Tax Rate on September 19,2005 Town Council Public Meeting Agenda. (ORD # 2005 -24) Council member Williams stated his concern about approving an ordinance that states the adoption of a tax rate when the r Town Council has not yet voted to increase the tax rate. Town Attorney, Patricia Adams, advised that the ordinance could be changed to read 'consider' adoption instead. Council member Edstrom made a motion to approve the ordinance with the following changes to the first whereas clause and to section one; 'desires to consider adoption of a tax rate of $0.44051 per $100 valuation, ' Council member Foley seconded. Motion passed unanimously. D.5 Consent agenda: Discuss and take appropriate action regarding a Settlement Agreement between TXU Electric Delivery and the Town of Trophy Club in consideration for the Town's agreement not to initiate or participate in a Show Cause Action concerning Electric Delivery's rates before July 1, 2006 and authorizing the Mayor to execute all necessary documents. Council member Williams questioned the consideration that the Town is receiving. Patricia advised the Town Council that there was a rate case performed, that the Town did not participate in. TXU is allowing the Town the same rate as given to the collation of cities that did participate in the rate study. Council member Williams moved to approve the agreement; Council member Edstrom seconded. Motion passed unanimously. D.6 Consent agenda: Town Council to discuss and take appropriate action on the purchase of electronic message boards for the Town entrances and to authorize the expenditure of an amount not to exceed $22,000 to be paid out of the general fund in order to fully fund the project in the current fiscal year. Mayor Pro Tem Cates questioned if Nextel would be contributing to the cost. Town Manager, Donna Welsh advised that Beck Properties and the MUDS have both contributed. Neil Twomey, 203 Oakmont Drive - Spoke against this item advising that this was brought up to Ways and Means two years ago and that he feels that this is a luxury rather than a necessity. Mayor Sanders confirmed that the money is considered in the proposed budget and asked for a motion. Council member 7- Edstrom requested that this item be brought back to Council after the approval of the Nextel contract. Council member Spence suggested that that we table for 90 days, as this Council is unable to make decisions. Council member Williams made a motion to approve D.6; Council member Foley seconded. Discussion continued. Council member Williams called for question; Council member Spence seconded. Vote to close debate passed 3:2, with Mayor Pro Tem and Council member Edstrom voting against. Motion to approve D.6 passed 3:2, with Mayor Pro Tem Cates and Council member Edstrom voting against. D.7 Consent agenda: Discuss and take appropriate action to approve execution of new signature resolutions for Town Bank Accounts at First Financial Bank and Northwest Bank by Donna Welsh, Roger Unger, Lisa Ramsey, and Nick Sanders. D.8 Consent agenda: Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2005-01 in its entirety, and adopting a new Ordinance appointing a presiding judge, alternate judges, a court administrator and a court clerk for the Trophy Club Municipal Court of Record No. 1. (ORD. 2005-21) D.9 Consent agenda: Discuss and take appropriate action to approve Minutes dated August 1,2005. Council member Foley advised that she was not present at the August 1" meeting. Council member Williams made a motion to approve the Minutes; Council member Edstrom seconded. Motion passed 4:1, with Foley abstaining. D.10 Consent agenda: Discuss and take appropriate action to approve financials dated July 2005. D.ll Additional Information for Council Council member Williams asked for a budget workshop after the regular session on September lgth. Council member Edstrom advised that she will not be able to attend the September lgLh meeting, but has no objections to the workshop. D. 12 Items for Future Agenda. Council andlor Staff has requested the items listed be considered at a future Council meeting. Council and Staff will have the opportunity during this session to update this list. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek. 3. Discussion and appropriate action for an Ordinance to approve vacant land appraisal. Council member Edstrom requested status of street repairs and bonds, including recommendation. Council member Spence requested discussion and appropriate action regarding the restrictions for motorized scooters. (Ordinance 2004-17) Mayor Sanders requested that all agenda requests go through the Town Secretary. F.l Adjourn. Council member Edstrom made a motion to adjourn; Council member Williams seconded. Meeting adjourned at 10:07.