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Minutes TC 04/03/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL Dm, TROPHY CLUB, TEXAS Monday, April 3,2006 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, April 3, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Pam Cates Roger Williams Susan Edstrom Beverly Foley STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Patricia Adams Beth Ann Gregory Adam Adams Jim Hurley Danny Thomas Mike Pastor Mayor Mayor Pro Tem Council Member Council Member Council Member Acting Town Manager Town Secretary Town Attorney Community Development Director Parks and Recreation Director Acting Police Chief Acting Fire Chief IS Manager 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. Beth Ann Gregory led the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, 1 pledge allegiance to thee, Texas one and indivisible." Lisa Ramsey led the pledges. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION 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. Dick Swetnam, 5 Palmetto Court - Recommended that Council consider and adopt a process to review current job descriptions and fiscal policies, as well as procedures, to validate if current policies meet sufficient standards for: protecting the public moneys and meeting the fiduciary obligations of the council Steven Kohs, 18 Overhill Drive - Congratulated the Trophy Club Explorer Post 953, who won five trophies at the April I"', 2006 State competition. 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: Primarv Run-Off Election Voting will be held in the Svore Municipal Building on the following day: Thursday, April 6th 7a - 5p Friday, April 7th 7a - 7p Tuesday, April 1 lth 7a - 7p Arbor Day has been scheduled for April 81h, from 1 1 :00 to 2:OO. Adam will provide additional information under the agenda approving the Arbor Day Proclamation. Community Development: Streets & Infrastructure Minor street repairs are being made along Trophy Club Drive. Various lanes will be closed for short periods of time while work is performed. As always residents are encouraged to slow down and proceed with caution while workers are present in the roadway. NISD Joint Use Task Force The Task Force has completed their recommendations for joint use with the school district. A meeting is scheduled with NISD on April 7th to begin working on agreements. Finance: Budget Workshop scheduled for Tuesday, March 28th, has been postponed. Planning & Zoning Zoning Submissions DR Horton: The Planning & Zoning Commission will meet in a workshop session, April 6, 2006. Beck Properties: Beck Properties has requested a rezone for a 1.767 acre tract of land located to the north of the Wastewater Treatment Plant. This item is scheduled for public hearing before the Town Council April 17. Developer's Agreement: The Developer's Agreement for Eagle's Ridge Phase I1 is expected to be on the Town Council's April 17, agenda. Police and Fire Services Police Services Officer Kyle Meeks was selected as the Police Officer of the Quarter in connection with activity reported on February 27, 2006 involving a traffic stop, the arrests of both occupants, and the seizure of a kilo of marijuana. The Police Department has submitted the application for the second year hnding of our School Resource Officer Grant. This grant will provide for $55,605.00. If the funding request is approved, the funds will be made available in September. Fire Services The Fire Department welcomed new hire PSO Gary Sipes on March 2oth and anticipate Firefighter Shawn Garrett to start on April 1 lth. Two vacancies were filled with these two employees and the Department is once again, fully staffed. B.3 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2006. Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded. Adam Adams explained that the forth-annual Arbor Day has been scheduled for April gth, 2006 from I 1-2 at Harmony Park. Dicky's BBQ will be serving food for $3.00, parents may register their children for swimming lessons and children may jump free at the Bounce house. Motion passed unanimously, without discussion. B.4 Mayor Pro Tem Cates to provide an update on the Americans Supporting Americans program. Mayor Pro Tem Cates thanked the Lake Cities Church for helping complete 77 of 86 boxes that were shipped last week. Ms. Cates acknowledged several residents and staff members who contributed to the first delivery of packages. The next shipment is scheduled for the end of April with Medlin Middle School taking the charge. Contributions may still be made at the Town. D.1 Discuss and take appropriate action regarding an interlocal agreement between the Town and the Master District for payment of the costs of construction of the annex to the Svore building. Roger Unger explained that under the initial agreement with the MUDs, the Town was to get the note for reconstruction, while the MUDs continued to pay the Town an amount equivalent to their annual rent in the portable buildings, until such time that the 20 year note is paid off. The MUDs have recently raised issues with ownership of the building, and feel as though they should own the building since it is on MUD land. Currently, the Town and MUDs are trying to work through alternatives that will be agreeable to both. Mayor Sanders questioned Item 2.02 Master District Obligations and Rights: MUD I shall retain ownership of the Property as specified herein. Roger Unger explained that Property as referenced, refers to the land. Patricia Adams added that Property is defined in the whereas clause. Roger Unger confirmed that the MUDs previously approved a simplified contract, which was revised by Patricia Adams. Roger Unger also stated that the MUDs object to section: 4.01 Ownership, The Improvements currently owned by Town shall remain under the exclusive ownership of Town and no term or provision of this Agreement shall affect TownS right, title or interest to such Improvements, as they wish to have some, if not all of the ownership of the improvement. Council member Edstrom believes that since the Town took out the Certificates of Occupation, the building is owned by the Town and the land by the MUDs. Patricia Adams advised that it is the position of the MUD Manager and one representative from MUD 1, that they want some ownership interest in the property. Patricia Adams commented that she tried to explain it as more of a rental agreement, but was met with strong disagreement. Roger Unger advised that the proposal that will be put to MUD1 is that they will have proportional ownership up to any proportion they are willing to pay towards the Certificate of Occupation. Mayor Sanders confirmed the consensus of Council is for Roger Unger to proceed with his suggested proposal. D.2 Discuss and take appropriate action regarding an interlocal agreement between the Town and the Master District for payment of the costs of construction of the maintenance building shared by the Water Department and the Parks and Recreation Department. Roger Unger explained that this is an agreement with the Master District whereby the Town will repay the Master District for 50% of the hnds expended by them to construct the maintenance/storage facility at the wastewater treatment plant. The Land belongs to MUDI, the Master District is fi-onting the entire cost of the building and the Town has agreed to reimburse the MUDs in form of a note. Council member Williams questioned 2.OIMaster District Obligations and Rights: C. The Master District shall own af;fqpercent (50%) interest in the Building. Patricia explained that this standard language is for joint tenancy, but will try and clarify this section. No action taken. D.3 Discuss and take appropriate action regarding the Unitization Agreement with Encana for the Town's mineral interest under Harmony Park Chuck Traxler, Land Negotiator with Encana explained that the Town owns approximately 13 acres (Harmony Park), which is included in wells drilled from pad 7; the area subject to these wells is 322.831 acres. With a unit covering the entire Trophy Club area (1746 acres) and one participating area, being the entire unit area the Town will receive its proportionate share of royalty from all wells in larger area rather than royalty from wells in a pad 7-unit area. The larger Uniflarticpating area will provide the Town the opportunity to have an interest in several more wells. Council member Williams questioned if analysis has been performed on what the difference would be as opposed to participating in all of the wells. Patricia Adams explained that Encana is going to provide information on projected income from the unit. Matt Curey a Completion Engineer for Encana explained that income is largely dependent on gas price, which has fluctuated over the years. The benefit would be a guaranteed continuity. Mayor Sanders clarified if Encanca anticipated that the revenue that the Town would receive would be equal to the revenues currently? Chuck Traxlor answered that the Town would be better as a party of the entire unit as we would be sharing in all production. Council member Edstrom made a motion to approve the Unitization Agreement with Encana. Council member Williams seconded. Patricia added that the information received from Encana was provided to the Town's Oil and Gas lawyer, who recommended that this would be more beneficial for the Town in the long run. Motion passed unanimously without further discussion D.4 Discussion and take appropriate action regarding the Purchasing Policies. Mayor. Sanders advised that he has a series of questions. Mayor Pro Tem Cates advised that the revisions to these policies were based on the processes that she reviewed about seven months ago. Cates stated that the information provided in the packet did not , explain everything that she did, she continued by listing several areas of her review, the history of the review and provided explanations to her suggesting that were based on the results of her review. Council member Foley suggested that the Council take time to read the whole policy and place on a future agenda. Mayor Sanders pointed out a few general points: reference to the Finance Director should read as Town Manager based on the provisions of the Town Charter, page 65, states that the Town Manager may modzfi or improve, which could not happen, if Council approves them and expressed concern over item 60 1, When the need arises for a single purchase of goods or services with an estimated value in excess of $10,000, the user Department shall originate an on-line purchase order. Council member Foley requested again, that this be placed on a future agenda. Council member Williams requested that section 6.02 An approved Town Council Resolution is required for all emergency purchases; provided however, that if due to exigent circumstances, the purchase must be made and time does not allow the posting and holding of a Council meeting, the Mayor, or the Mayor Pro Tem in the absence of the Mayor, may authorize the expenditure by providing written permission to make the purchase, be removed as the Mayor and Mayor Pro Tem have no authority, as an individual, but rather have to act as a council under the Charter. Council member Edstrom advised that this provision is in the case of an emergency or a disaster. Roger Unger questioned the resolution as referenced on page 62. Mayor Pro Tem Cates explained the need for this to be defined, as Council should approve purchases that are exempt from competitive bids. Dick Swetnam, 5 Palmetto Court, advised that the importance of what happened should not focus on criticism, but rather they should be bold and aggressive in reviewing the policies and procedures, and questioned why Mayor Pro Tem started her review. Mayor Pro Tem responded that she started her review based on the Court issue. Council member Foley made a motion referring this item to April 17,2006, holding a workshop prior to the meeting and including an agenda item to take action. Mayor Pro Tem Cates seconded. Motion passed unanimous with out further discussion. D.5 Discuss and take appropriate action regarding the approval of an expenditure of EDC 4A funds for pool equipment. Council member Edstrom made a motion to approve. Council member Williams seconded. Adam Adams explained that due to failing condition of the current pool furniture, he received three bids for commercial pool equipment and recommend Admiral based on his research. Motion passed unanimously without further discussion. D.6 Discuss and take appropriate action regarding potential revisions to the Overnight Parking Ordinance, Chapter V1, Section E, of Ordinance 2004-09 Council member Williams approved the recommendation to reduce the number of cars and increase the permit fee. Council member Edstrom seconded. Acting Police Chief, Jim Hurley advised that this recommendation provides some relief for those who are most affected. Council member Edstrom questioned how the $150.00 permit fee was determined. Jim Hurley answered that it was determined based off of permits, citations, court, stickers and the salaries of the officers from monitoring. Council member Foley believes that a $150.00 renewal fee is too high, and suggested to charge $75.00 for each vehicle. Council member Williams agreed. Margi Cantrell, 1105 Sunset Drive, Expressed her concern over changing this ordinance and the effects on the community, requesting that Council stay focused on property value. Bob Radder, 1 Lee Court - Advised that the Public Safety Advisory Group's recommendation of the PS Advisory group was a $25.00 permit fee. Council member Williams is against lowering the fee and questioned the concept of the 3a - 5a regulation. Council member Williams amended his motion, directing staff to come back with a revised Ordinance that accepts Captain Hurley's suggestions, including $1 50.00 fee for the third car, $50.00 for the fourth car, $10.00 for the renewal fee, and leaving the citation fee as it is. The second agreed. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding the Minutes from March 28,2006. Council member Williams made a motion to approve. Council member Edstrom seconded. Motion passed 3:0:1, with Council member Foley abstaining. D.8 Items for Future Agenda. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. Status of street repairs and bonds, including recommendation. Sale of Remaining Street bonds. Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage ordinance. (April 17th, 2006) Discussion and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase 11. Public Hearing on Horton Zoning request. (April 17th, 2006) Discuss and take appropriate action regarding joint participation with area cities in an engineering study to evaluate the feasibility of contracting with an additional wholesale water supplier. Added: Joint Use Task force to report back on their April 7' meeting. Carter and Burgess has submitted a request for a public hearing the first meeting in May. Tentatatively scheduled for May 1,2006 providing that they get through P & Z and can be referred to Council. Codification of ordinances. (May 1,2006) D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 18,2006. D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 20,2006. Council member Edstrom made a motion to approve Items D.9 and D.lO. Mayor Pro Tem Cates seconded. Motion passed unanimously without any discussion. 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. Council convened into executive session at 8:45 P.M. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act: 1. Appointment of a Town Manager TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. *REGULAR SESSION Council reconvened into regular session at 952 P.M. E.2 Discuss and take appropriate action relative to the appointment of a Town Manager and terms of engagement. Council member Edstrom commented that resident feedback is that they want a change and made a motion for the Mayor and Human Resources Manager to enter into contract negotiations with Brandon Emmons. Mayor Pro Tem Cates seconded. Council member Williams disagrees and feels that Roger Unger is the best candidate for this position. Williams added that citizens should realize by bringing in someone new, it is going to cost approximately $140,000. Mayor Pro Tem Cates suggested that bringing in someone new will build confidence back in the community. Council member Foley supports Roger, and believes that he is the best and most knowledgeable candidate for the position. Mayor Sanders said that he does not doubt Roger's loyalty to the Town and that he has come to respect him, however he believes that because of the issues that have happened over the past year, citizens don't trust the town. Motion tied 2:2. Cates and Edstrom for, Williams and Foley against. Motion passed 3:2 on the second vote with Mayor Sanders voting for. F.l Adjourn. Council member Edstrom moved to adjourn. Council member Williams seconded. Meeting adjourned at 10:04 P.M. * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.55 1.071 Town of Trophy Club - -- Mayor C. Nick Sanders Town of Trophy Club