Minutes TC 12/05/2005MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 5,2005
7:00 P.M.
STATE OF TEXAS 8
COUNTY OF DENTON 8
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December
5,2005. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Susan Edstrom Council Member
Roger Williams Council Member
TOWN COUNCIL MEMBERS ABSENT:
Scott Spence Council Member
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Beth Ann Gregory Community Development Director
Patricia Adams Town Attorney
Kerin Fleck Planning and Zoning Coordinator
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
A. 1 'Reception honoring Donna Welsh's retirement. (6:OO to 7:00 P.M.)
A.2 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present.
A.3 Invocation.
Mayor Sanders gave the invocation.
A.4 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."
Council Member Edstrom led the pledges.
A.5 Carter Blood Care Presentation
Oya Davidson form Carter Blood Care advised the Council that they would be here on Tuesday
December 2oth for a Holiday Blood Drive. Ms. Davidson advised that Carter Bloodcare must register
1000 donors a day in order to o meet the needs of our community. She asked that the Trophy Club
residents come out on Tuesday and support the gift of life by donating blood.
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.
No citizens requested to speak.
.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: - Petition to Amend the Town Charter- The Town has received a petition to amend the Town Charter.
The Town Attorney is currently reviewing for legalities.
- Blood Drive: - The Town along with Carter Bloodcare will be hosting a Holiday Blood Drive on
December 20th. More information is available on our website.
Community Development: - Road Construction - The contractor will be finishing the punch list in the next few weeks, including
replacing a section of concrete on westbound Indian Creek at Valley Wood. - Building Addition - The project is progressing on schedule. The framing began last week on the
building. The forming and pouring of the additional parking will follow. - Electronic Marquees - The electric lines are being installed for the marquees. The installation and
programming is scheduled for December 8th through the 151h. - Permitting - Merle Norman has permitted and begun finish out of a new retail store near Starbucks and
the new Pack-n-Post at the Plaza. - Nextel Flag Pole - The construction of the flag pole\cell tower is expected to begin in the 1" quarter of
2006.
Finance:
- Gas Well Royalty Check- The Town has rcvd their first royalty check from the gas well located at
Harmony Park. The check was for a 2 and '/2 month period and totaled over $12,000.00.
- Audit We anticipate receiving the first draft of the audit prior to the end of the year and anticipate the
Ways and Means initially reviewing it in January.
IS:
- No Updates
Parks and Recreation
- Recreation User Fees- Discuss and take appropriate action regarding amendment to the Schedule of
Fees 2005-20 Ordinance to include possible inclusion of Recreational User Fees. (January 23rd, 2006)
- Clock Tower Lighting - Thank you to all who participated and helped make the Clock Tower Lighting
and associated festivities a success. The Town wishes all of its residents and joyous and safe holiday
season. * The lighting contest will be judge this Sunday, due to the wind last week.
Planning & Zoning
- Planning and Zoning Submissions: Horton's zoning application has been set for agenda with the
Public Hearing: December 8th at 7pm, as of December 1, 2005, Horton has indicated that they intend
to request that the Public Hearing be continued to a future date.
Police and Fire Services
- Fire Services
Will host an American Heart Assoc. CPR Class for residents and Town Staff. There will be two types
of classes that are offered. CPR for Friend and Family and CPR Heart Saver. Each course will be two
hours and cost $10.00.
The dates for the CPR Friend and Family will- be Saturday, January 7, 2006 from 10:OO am to noon
and Saturday, January 14, 2006 from 3:OOpm to 5:00 pm. The Heart Saver Course will be Thursday
January 12,2006 3:00 pm to 5:00 pm and Friday January 13,2006 3:00 pm to 5:00 pm. Residents will
need to contact Donna Milks at the DPS Office Building or call 682.831.4650 for reservation.
Fire Personnel have imitated training with Westlake and Roanoke for Fire Training and EMS Training.
Under agreement through NEFDA the Fire Services Bureau has training agreements with Tarrant
County College and Baylor Hospital Group to receive the most current training in Public Safety.
- Police Services
The Police Services Bureau has had the juvenile processing rooms and First Offender Program for the
department and schools certified by Denton County this allows the department to detain and interview
juveniles.
The department has also purchased a breath analyzer for determining the presence of alcohol on the
breath of subjects that are under investigation for alcohol related crimes.
Municipal Utility District:
- No Updates.
Roger Unger, Interim Town Manager gave the Town Manager Update.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
"REGULAR SESSION
D.1 Discuss and receive direction from Council regarding the duration of the posting for the Town
Manager position, evaluation criteria, performance goals and revisions to the job description for
the Town Manager position, and the process for recruitment and interview of applicants.
Mayor Sanders advised the Council that the Town Manager job description, reporting structure has been
slightly changed to indicate the Charter changes.
Lisa Ramsey, Human Resources Manager advised that there is a cost associated to posting on ICMA.
To place an ad on this site, the fee is $250.00 per ad for up to 30 days. It is $250.00 for each additional
30 days, should you choose to renew the ad and that there is no cost to post to TML's website.
Council member Williams does not agree with the closing of the posting date as listed in the packet as it
was determined at the last meeting that there were no funds available to pay a Town Manager
until mid-summer. Council member Williams also questioned if they may make changes to the
job description
Mayor Sanders advised Council that this item was placed on the agenda so that Council could review
and revise the job description, as well as direct staff with the posting process and duration.
Council member Williams commented that exposure to computer screens under the work environment
section of the job description needs to be revised to entail computer experience necessary for this
position.
Mayor Pro Tem Cates suggested that 5 years of progressive municipal experience as either an Assistant
Town or Town Manager be added to the minimum requirements. Cates agreed with Council
member Williams that the work environment section be revised as certain attributes should be a
given when those applying for this position.
Patricia Adams, Town Attorney stated that the section under work environment is required for job task
analysis for ADA and EEOC compliance.
Council member Edstrom requested that the salary range be added to the job posting.
Mayor Pro Tem Cates questioned why residency is listed as a requirement and asked that it be removed.
Council member Williams and Edstrom disagreed, due to fairness for the applicant.
Mayor Sanders summarized Council's direction to add;
Must have experience as either an Assistant Town or Town Manager, to the minimum requirements;
List Salary range with DOQ to job posting;
The Town Manager must demonstrate a background in managed growth, economic development and
strategic and long-term planning.
Council member Williams suggested that the closing date remains to be determined. Mayor Pro Tem
Cates disagreed, and feels that a closing date of 90 days be added. Council member Edstrom
agreed.
Mayor Sanders clarified Council's consensus to the revisions approved by Council by next week and to
have the job posted to TML's website by the middle of December with a 60 day closing date.
Council agreed that the interviews be conducted in executive session and that the applications and
resumes or forwarded to as received. Patricia Adarns advised that the Open Meeting Act allows
interviews for an appointment of an employee to be conducted in executive session, but not for
an independent contractor.
Mayor Sanders advised that he has requested copies of contracts of City Manager from other cities,
which will be forwarded to the Council.
No further discussion.
D.2 Discuss and take appropriate action regarding awardlrejection of landscaping bids for Indian
Creek medians as part of the street construction process.
Adam Adams, Park and Recreation Director explained that reconstruction of these medians was needed
as they were recently destroyed in Indian Creek construction project. He continued that there are three
additional medians in this bid that had been reconstructed in prior street projects but were not irrigated at
that time, Nor do these medians have the pave stone end caps or planting beds currently being included
in our projects.
Staff recommends that these medians be irrigated and pave stone end caps be constructed, which would
reduce the total cost of this bid by $21,000 if we left the grass and trees that are currently there in place
and upgrade the plantings as time and money permit over the next few years.
Council member Williams made a motion to take award the low bid of $1 10,000, excluding the change
order of $21,000.00 irrigate the three medians not previously irrigated and perform the normal
maintenance to the newly constructed medians; Council member Edstrom seconded. Motion
passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Ordinance creating a Parks and Recreation
Board.
A. Discuss and take appropriate action regarding a Resolution appointing members to serve on
the Parks and Recreation Board.
Adam Adams, Park and Recreation Director gave a brief report, informing the Council why he
recommends converting the Advisory Group to a Board. Mr. Adams provided that with the
current 11 members of the P & R Advisory group, the Town has representation from every
faction demographically within Trophy Club. Mr. Adams maintained that the creation of a Park
Board is proactive and creates more representation in the community.
Council member Edstrom made a motion to adopt an Ordinance creating a Parks and Recreation Board;
Mayor Pro Tem seconded. The Floor was opened for discussion.
Council member Edstrom agreed that Boards or more effective and that moving to advisory groups was
detrimental to the number of volunteers in the Town.
Council member Williams is uncertain of what would be gained from implementing a Board and
questioned why Mr. Adams wants to relinquish the current control he has given that this is an
Advisory group.
Mr. Adams replied that the advantage of a Board as opposed to a Citizen Advisory Group, are the
liberties the Board will have in their ability to bring up a new projects and also receive necessary
resident input.
Mayor Pro Tem supports the creation of a Board as it is more formalized and secures a commitment to
serve from the member.
Mayor Sanders questioned Mr. Adams perception of managing and executing a budget for this type of
board. Mr. Adams advised that the Board would have the ability to address Council for the
execution of a budget.
Council member Edstrom offered that key differences between a Citizen Advisory Group, a Board and a
Commission are that Commission has to adhere to laws. Boards have minutes for replica of
meetings. Ms. Edstrom requested that the Board regularly interview the kids and adults for their
input.
Mayor Sander voiced concern with section 3, paragraph 8, questioning the appropriateness of asking for
different regulations than that, which governs the Town Council regarding absences.
Roger Unger included that converting this group to a Board, formalizes their meetings and thus the
Open Meetings Act would apply to them as well.
Pearl Ford, 2 Spring Creek Court - Spoke in favor, requesting that Council revisit section 3, paragraph
8.
Mayor Sanders commented to the Charter, which states that failure to attend 3 consecutive meetings of
the Council without being excused by the Council, questioning if the Council has practiced this
since its establishment.
Council member Edstrom requested that section 3, paragraph 8 follow the absenteeism policy
established in the Committee Handbook. Ms. Edstrom asked for input from the P & R Advisory
Group members who were present. Matthew Graham advised that the Committee Handbook
states the desire of the Resolution. Ms. Edstrom also requested section 4, paragraph nine be
changed to bi-annually
The Motion made by Council member Edstrom to approve with changes section 3, paragraph 8,
"Members shall not miss more than three (3) regularly scheduled monthly meetings per year"
and to 9, paragraph 4, "The Board shall, through its Chairperson or hisher designee, make an
oral and written report bi-annually to the Town Council concerning its activities during the past
year and its proposals for the coming year", was seconded by Mayor Pro Tem Cates.
Mover made a change to the amendment to read, semi-annually, rather than bi-annually; the second
agreed.
Main motion passed 2:1, with Mayor Pro Tem Cates and Council member Edstrom voting for and
Council member Williams against.
Mr. Adams recommended the current members of the P & R Advisory Group be appointed to the P & R
Board.
Council membgr Edstrom moved to adopt the Resolution appointing the members to the P & R Board,
Mayor Pro Tem Cates seconded. Motion passed unanimously.
Matthew Graham, Dave Glaser, Kathleen Wilson and Jirni Harie were appointed to a 1- year term,
Steven Kohs, Stephen Skeen, Wendy Hill and Jim Rogers were appointed to a 2-year term and Pauline
Twomey, Chris McCollister and Steve Gregory were appointed to a three-year term.
D.4 Discuss and receive Council direction regarding the Year in Review publication.
Assistant Town Manager, Roger Unger advised that due to past suggestions by both residents and
Council members regarding the timing and data included in this publication, he would like
Council's direction for this year's publication. Mr. Unger questioned if Council was satisfied
with the format, if they wanted audited financials or just end of year numbers and what their
preference is for the timing and distribution of the publication.
Mayor Pro Tem Cates believes that we should use the actual audit and suggested that it be included in
the resident's water bill, rather than spending a lot of time and money presenting it more as a
marketing tool for public as opposed to an informational for the residents.
Mayor Sanders commented that as a citizen he has appreciated the Year in Review, also acknowledging
that there is a cost to publish the Year in Review as well as occupying a lot of Staff's time. The
Mayor included that in previous years the Chamber of Commerce produced a marketing piece
that included all six communities and promoted the Town, unfortunately this years report has
been substantially reduced due to funding. Mayor Sanders added that as a citizen he appreciated
this publication and felt it informative and that realtors provide this to their clients. Mayor
sanders acknowledged that expense of mailing to all residents and suggested that it be placed on
website as a pdf to be downloaded for those interested. He also encouraged Council to become
more involved, adding his preferences that it be made public immediately following the
completion of the audit.
Council member Williams agreed with the Mayor's comments, suggesting that we reduce the cost by
not mailing the publication, rather have a downloadable version online and copies available at
the ~okn offices for realtors and residents with out computer access.
Council member Edstrom advised that not only is the Year in Review an annual report to our residents
that serves as a report card for both the Council members and the Staff, but also a very valuable
marketing tool. Ms. Edstrom agrees with distribution suggestions offered by Council member
Williams.
Per Council's 'request, Mr. Unger anticipates having the first draft ready for Council's approval at the
first meeting in February.
D.5 Town Council to discuss and provide staff direction to seek bids for improvements to a storm
drainage system on Inverness Drive as maintenance to the Town's storm drainage network.
Mayor Sanders advised that the estimated cost is $50,000.00 with proposed solutions in the packet.
Beth Ann Gregory, Community Development Director sought Council's permission to go out for
bid for the primary with three options as alternates, reporting back to Council the engineers
recommendation. Ms. Gregory confirmed that she is proposing using the funds in the storm
drain fund. The storm drain fund is created by a fee of $1.00 is collected every month on the
resident's water bill, total collect this last fiscal year was approximately $64,000.00 and this last
fiscal year and an expected $38,000.00 is expected to be collected next fiscal year.
Mayor Sanders clarified that these problems were created when originally maintained by MLD1 and
asked why MUD1 was not participating the repair.
Mr. Unger answered that when the Town took over the storm drains from the MCDs they assumed as is.
Council memder Williams contended that while the Town did take over the storm drains as is; the
MLTDs ,addressed this very poorly as they knew about this problem prior to turning it over to the
Town, but did not take action to fix the problem. Mr. Williams feels that the Town should
negotiate with the MUDs for their participation on the repair.
Mr. Unger elaborated that this points up the need to bring the storm water drainage system to be under
one head and reminded Council that the MUDs position that if it was in the sewer or in the
ground it theirs and if it was surface water it was the Towns.
Council member Williams moved to go out to bid; Mayor Pro Tem Cates seconded. The floor was
opened' for discussion. Council member Edstrom advise that this item is not posted for Council
action.
Mover removed motion, second agreed.
Council member Williams directed staff to go out to bid. Mayor Sander added direction to Mr. Unger to
speak to the MUD Manager with the Council intent to' approach the MUDs to share in the cost
once the cost is determined.
Council member Edstrom added that in this case because we are all governmental bodies, working for
one goal, which should be for the residents, and she is positive that the caveat preemptor does
not apply in this case.
D.6 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No.
2004-17 in its entirety, and adopting new regulations for the operation of motor assisted scooters,
minimotorbikes, and pocket bikes.
Mayor Sanders recollected that Council had directed staff to review and possibly expand on previous
information received to include permitting and an age restrictions.
Town Attorney, Patricia Adams clarified that the redlined ordinance reflects current state law mandates.
Council member Edstrom made a motion to approve ordinance as is; Council member Williams
seconded. The Floor was opened for discussion.
Council membkr Edstrom advised that she does not see a need to make any additional amendments other
than what is current State Law and does not believe in charging an additional fee.
Mayor Pro ~ek Cates spoke that there are issues with the current restrictions. Mayor Pro Tem Cates
believes that the form handed out is too formalized and needs to be broken down to language
adequate for a 10 year old.
I
Mayor Pro Tem Cates made a motion to amend, adding to section 3, Registration Process. No Child
younger than the age of ten** (10) years shall operate a motor assisted scooter unless such
scootertshall have first been registered with the Town; motion dies due to lack of a second.
Barry ~uizen~b, 120 Greenhill Trail, Trophy Club - Spoke in favor of the proposed amendments to the
ordinance.
Kathleen wilson, 34 Meadowbrook Lane - Spoke in favor of the amendments but would also like
stricter restrictions.
Council member Williams advised that he is in favor of the amendments to comply with State Law, but
nothing else.
Council membler Edstrom remarked that the Council has to regulate based on facts. Ms. Edstrom
suggested the preacher mythology, by constantly reminding the residents of the regulations,
which could be accomplished in the quarterly newsletter. Ms. Edstrom also request that that an
item be1 placed on 'future agenda items' scheduling a date for scooter training.
Mayor Pro em Cates advised that a scooter training class should be mandatory for kids.
Council member Williams called the question; Council member Edstrom seconded. Motion to close
debate passed unanimously.
Motion repealing Town Ordinance No. 2004-17 in its entirety, and adopting new regulations for the
operation of motor assisted scooters, minimotorbikes, and pocket bikes passed 2:l with Mayor Pro Tem
Cates voting against.
I
Director ~ri~is stated for the record that the DPS has had two bicycle/scooter classes in the last two
years, rlegistering 52 bicycle/scooters.
Council member Edstrom noted that these classes were not advertised as scooter classes.
Mayor Sanders called a 5- minute recess.
D.7 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No.
2005-17 in its entirety, and adopting a new Ordinance relating to a new construction fee schedule
for the Town.
It was recognized that the agenda is posted with an incorrect Ordinance number, but that the backup
included in the packet has the correct Ordinance of 2005-20. The Council is in favor of
changing the fee structure.
Ms. Adams advise that Council may take action with amendments to the fourth 'Whereas' clause and to
the Cumulative Repealer.
Council member Edstrom made a motion to approve with amendments as provided by Ms. Adams.;
council member Williams seconded.
Motion adopting a new Ordinance relating to a new construction fee schedule for the Town passed
unanimously without further discussion.
D.8 Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for resident input on
potkntial projects.
2. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
3. Status of street repairs and bonds, including recommendation.
4. Public Safety Advisory Group researching ways to handle the garage sale traffic.
5. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20
Ordinance to include possible inclusion on Recreational User Fees. (January 23rd, 2006)
6. Discuss and take appropriate action regarding amendments to the restrictions on apartment
ordinance. (January)
Mayor San'ders requested an item be added to discuss and take appropriate action regarding possible
amendments to the Traffic Ordinance 2004-09, Section E, Overnight Parking.
Ms. ~re~or~ added that and item to discuss and take appropriate action regarding amendments to the
Health Ordinance, 2002-24 will be brought forward at the January 9" meeting.
Mayor sanders verified with Council member Edstrom that it is not necessary to schedule an item
for the scooter training as Director Briggs confirmed that May is bicycle safety month and
they have already planned a training programs at this time.
I TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
I EXECUTIVE SESSION
E.l Council will convene into Executive Session for Consultation with Town Attorney pursuant to
Section 55 1.07 1 (a) and (b) of the Open Meetings Act3 to consult on pending or contemplated
litigation or on a matter in which the duty of the attorney to the governmental body under the
Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with
the Open Meetings Act (9551.071 [a] & [b]):
Town Council convened into Executive Session at 9:36 p.m.
1. Petition for Charter Amendment
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number El
Town Council reconvened into Regular Session at 9:57 p.m.
No action was taken and the signatures are still being verified.
F.l Adjourn.
Council member Edstrom made a motion to adjourn; Council member Williams seconded the motion.
Meeting adjourned at 10:OO.
* The Town Council may convene into executive session to discuss posted items as allowed by the
Texas Open Meeting Act, LGC.55 1.07 1
1 Town Secretary, Town of rophy Club Mayor, Town of Trophy Club