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Minutes TC 02/20/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 20,2006 6:00 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, February 20,2006. 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 Mayor Mayor Pro Tem Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Adam Adams Mike Pastor Beth Ann Gregory Patricia Adams Randy Briggs Interim Town Manager Town Secretary Parks and Recreation Director IS Manager Community Development Director Town Attorney Police and Fire Services Director A. 1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:04 p.m. noting a quorum was present. A.2 Invocation. Beth Ann Gregory, Community Development Director 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." Council member Edstrom led the pledges. 'k4 Open Workshop Session (6:OO - 7:00 P.M.) - Continue Strategic Planning Workshop session held on January 24,2006. The Workshop Session was cancelled. Public Safety Facilities Fire Department Facilities & Equipment & Personnel Police Department Facilities & Equipment & Personnel General Community Facilities Additional Facility Needs for Citizens of Trophy Club Other General Topics TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION 1 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: May 13th Election-Applications for a place on the May 13th Ballot will be accepted until March 13th. More information is available on the Town's website. Community Development: Traffic Study - The traffic study has been completed and will be reviewed by Council this evening. Building Addition - The building addition is near completion. We are scheduled to move in Saturday, March 4th four weeks ahead of schedule. Parks and Recreation: Parkland Dedication Revision: Council will be taking action at the March 6" meeting on revisions to the Parkland Dedication Ordinance creating a Parkland appeal for developers. Planning & Zoning: ~onini submissions DR Horton: The Planning & Zoning Commission will meet in a workshop session, February 23, 2006. Country Club Maintenance Facility: The Maintenance Facility for the Country Club is currently within Hogan's Glen property. Beck Properties is in the process of relocating the facility just east of the Wastewater Treatment Plant. Staff is in the process of reviewing the site plan. This item has been scheduled for an agenda March 2,2006. Platting Submissions Trophy Club Country Club: The Country Club is in the process of platting their land. The plat will cover approximately 290 acres. The preliminary plat was unanimously approved by the Planning & Zoning Commission at their February 16,2006, meeting. Construction Plans Eagle's Ridge 11: The plans have been reviewed by the Town Engineer, and comments have been provided to the applicant. Currently staff is awaiting the applicant's revisions. It is anticipated that the Town Council will be reviewing the Developer's Agreement sometime in March. Ordinances Outdoor Storage: Staff has been gathering criteria from other cities to regulate outdoor storage for single-family and multi-family properties. ZBA 56 Cypress Court and 18 Skyline Drive: Both property owners are requesting a Special Exceptions to the Fence Requirements outlined in the Zoning Ordinance. The meeting is scheduled for March 1, 2006. Police and Fire Services: Police Services Officer Conklin graduated the LETS class from Lakeview Elementary School. Director Briggs was a guest speaker. Mobile Cite auto citation writer for patrol units to assist court clerk in inputting information on citations was completed. Fire Services Completed and Successfully submitted UASl Grant 2006 request for back-up generator for water treatment plant. Fire Lieutenant was accepted to National Fire Academy Training Management. This Course will be held in March and is an elite training school for Fire Fighters with high academic requirement for acceptance. Currently in the purchasing phase of the 2005 UASl Grant, which is the generator and equipment for the EOC. Council member Williams advised that the incoming marquee at Trophy Wood is not displaying any messages. Randy Briggs, Director of Police and Fire Services advised that he would have patrol keep on the marquees when they are out. B.2 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. J.W. Hand, 106 Red Oak Lane, Flower Mound - Addressed the Town Council regarding his candidacy for the Texas Justice of the Peace, Precinct 4. Holly Gray-McPherson, 521 Main, Roanoke - Addressed the Town Council regarding her candidacy for Denton County Commissioner, Precinct 4. Adrian Weaver, 1081 Metalmark Ct, Lantana, TX Addressed the Town Council regarding his candidacy for the Texas Justice of the Peace, Precinct 4. Robert Radder, 1 Lee Ct, Trophy Club, TX - Requested that in addition to the traffic study, the Council also considered performing an Environmental impact study in regard to the new development. B.3 Council member Cates to provide an update on the ASA program and Council to discuss. Mayor Pro Tem Cates announced the goal is to have 87 boxes, ready to be mailed by Friday, February 24'. Members of Council received a box to fill with their donations along with a list of items that are needed. Mayor Sanders requested that Randy Briggs, Director of Police and Fire Services introduced the following employees, representing A Shift; Lieutenant Gene Bates, Fire Fighters Ronnie Butsch and Dusten Hards and Public Safety Officer Chuck Jones. Director Briggs stated that Trophy Club's Police and Fire Department was featured in Saturday's issue of the Star Telegram in the North East Commentary section, Cheers and Jeers section, for professional services provided to Delores Jeter during her recent emergency. Director Briggs thanked the representatives from the department for a job well done. Mayor Sanders also read a letter by a resident who wished to thank members of the Fire Department for their quick and professional response to her medical emergency, advising that the Town can be proud to employee these Paramedics. D.l Discuss and take appropriate action regarding the acceptance of the 2004-2005 fiscal year end Audit. Council member Edstrom made a motion to accept the 2004-2005 fiscal year end Audit; Council member Williams seconded the motion. Jim Buxton, Financial Analyst, read the recommendations made by the Auditors and informed of the processes and controls that are being implemented to accommodate the recommendations. Mr. Buxton, Mr. Unger and Mayor Pro Tem Cates all commented to the professionalism and service provided by The auditing firm of Weaver and Tidwell. Motion to accept the 2004-2005 fiscal year end Audit passed unanimously, without any further discussion. Item D.3 was moved ahead of Item D.2. D.2 Review and discussion of the Town of Trophy Club Existing Roadway and Intersection Evaluation performed by Innovative Transportation Solutions. Community Development Director, Beth Ann Gregory explained the ratings provided in the evaluation and introduced Tom Rutledge from Teague, Null and Perluns who helped conduct this study. Mayor Pro Tem Cates asked why this study did not include the entrance by the school or Marshall Creek which has a lot of traffic. Ms. Gregory responded that due to the limited amount of funds, they selected the most traveled streets and that we could have expanded the survey, which would have cost more. Mayor Sanders advised that the key points identified in this study is that the Town does have access capacity and also gives us a good idea of the volume of traffic on Trophy Club Drive. Mayor Sanders commented that this item does not require any Council action, but rather provided a lengthy report, which will be provided to Horton per their rezoning petition. Greg Lamont, 15 Lamont Drive - Addressed Council stating that if the study evaluated the intersection on Trophy Lake Drive and Trophy Club Drive, but not 114 and Trophy Club Dr, two blocks were missed. Mayor Sanders responded that these figures were mentioned on the report, with the exception of the measure of the turns. Ms. Gregory gave the specifics as provided by the study. D.3 Discuss and take appropriate action regarding a Resolution establishing an Unencumbered Fund Balance, establishing an Adverse Contingency Reserve Fund, and adopting the calculations and methodology to establish those funds. Mr. Unger introduced this item stating that every year there are lengthy discussions of what amount of reserves should be maintained and that this discussion could be short-circuited by adopting a methodology to establish those funds. Mr. Unger continued that this Resolution has already been through Ways and Means. Jim Buxton explained the philosophy of a reserve fund and the formula used to determine the recommend calculation. Council member Edstrom made a motion to approve the Resolution; Council member Williams seconded. The floor was opened for discussion. Council member Edstrom expressed concern that this fund is getting too low. Mayor Pro Tem Cates advised that the suggested amount for the adverse contingency is very low, needs to be increased by three times. Council member Williams is comfortable with the methodology but not setting something in concrete that this money is put away into an unencumbered fund Mayor Sanders spoke to the Resolution establishing an unencumbered balance, however it does not address whether these funds will be kept in a separate account or general ledger account or how the funds can be used. Mr. Unger answered that this would allow the Town to start the fiscal year, ensuring that we had no less than the formula as suggested, equaling $763,000.00 in the bank, leaving $658,000.00 to carry the Town until the property tax revenues begin to flow in DecemberIJanuary and the other $100,000.00 would be there in case of an emergency. Mayor Sanders posed if we would be better served to adopt a reserve policy, as opposed to an Unencumbered Fund Balance. Council member Williams agrees with adopting a reserve policy. Council member Edstrom questioned the catalyst. Mr. Unger explained this comes up every year at budget which prompted the development of a methodology with participation from Ways and Means. Mayor Pro Tem Cates spoke to the idea that too much of a reserve is a bad thing but the Town has never had enough money in a reserve fund to do things that would benefit the Town with out going out for bonds, which then raises taxes. Neil Twomey, 203 Oakmont Drive - Clarified that Ways and Means received direction from Council last summer to come up with a formula and agrees with the calculation and formula submitted. Mr. Twomey advised that they went for a minimum amount, taking into consideration the amount recently paid for a lawsuit that was not budgeted. Mayor Sanders reminded Council of the current motion on the table and said that he would personally agrees with the methodology but would like to see the wording worked on. Council member Edstrom moved to table, allowing time for staff to work on the wording and for time to work with Mr. Buxton on calculations. Mayor Sanders suggested that Edstrom change her motion to move to refer to the next meeting as opposed to tabling, so that Council does not have to remove it from the table. Council member Edstrom moved to refer until the next meeting; Mayor Pro Tem Cates seconded. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for the referendum on traffic calming. Ms. Gregory explained to Council that both she and Town Attorney, Patricia Adams had a difficult time understanding Council's expectations and asked that Council be very specific with their expectations. Mayor Sanders commented that the simplicity of the language provided in the packet was a result of his discussion with Ms. Gregory and Ms. Adams and Mr. Unger. Council member Edstrom requested that the Council consider amending the Charter prior to putting this item on the ballot. Edstrom is concerned that the Charter currently only allows for a binding referendum and that citizens would be locked into how they vote in May. Edstrom continued that prior to going to the citizens for a vote, we first educate the residents so that they are well aware of what they are voting for and questioned the fervor to get this done. Robert Radder interjected that Council voted on it and was called out of order. Mayor Sanders cautioned Council that the discussion is whether wording on the May ballot, not the appropriateness of buttons or stripes or whether traffic calming should be done or not done, but again, only the appropriateness of wording to the referendum in May. Council member Williams advised that when Council approved the pilot program the residents were told that there would be a referendum. Williams continued that a date need to be included in the referendum and the question to the residents should be whether they want to continue the program and should it be extend to Indian Creek. Mayor Pro Tem Cates recollected that the pilot program was approved for a six-month period and that the citizens would then vote it for continuation. Cates continued that she agrees with Edstrom and that some of the aspects of the Charter need to be revised. Council member Edstrom questioned the actual action taken in October when the pilot program was approved as she was not present a that meeting. Town Secretary, Lisa Ramsey confirmed that the motion was included in the Minutes from the February 6h meeting, which are on the Consent Agenda for tonight's meeting. Mayor Sanders read the motion made in the October 31d meeting: Mayor Sanders called for the vote. Motion to approve the Traffic Calming project, with funding takenfrom Street Maintenance, with Council including as a referendum on the ballot in May, assuming that this can be accomplished with the Election deadlines, passed unanimously without further discussion. Robert Radder, 1 Lee Court - Apologized to the Mayor for spealung out of turn and questioned if the Council did not take action tonight, would there be time to add to the May ballot. Ms. Adams confirmed that when drafting the Ordinance Calling the May Election, she would include the ballot language for traffic calming separately so that the Council could make a decision on the appropriate language at the March 6Lh meeting prior to approving the Ordinance calling the election. Margi Cantrell, 1105 Sunset Drive - Advised Council that while she is not against a referendum that she does not oppose a survey either, but that the public should be able to decide, but encouraged Council to move ahead. Dennis Sheridan, 1 Hillcrest Court - Agreed that the language is convoluted and needs to be made clear and questioned that when put to the vote, would the residents pass the change to the Charter allowing a non-binding referendum. Mayor Sanders advised that his concern is we get the wording right so that all residents understand and that staff is feeling the pressure as Council has only one session left, prior to having to call the May Election. Council member Edstrom believes that this should be done in a survey. Edstrom continued, that while we have a Charter we also have a representative Government and in loolung back to other issues that Council has passed as a Body, as well as the potential costs associated with traffic calming needs to be considered, questioned why Council is unable to make a decision. Edstrom would like to see this die until we have the opportunity to put it out right. Mayor Pro Tem Cates advised that a survey was taken and that the residents were interested in having traffic calming and is not sure whether another survey is going to provide the Council with the information needed. Council member Edstrom clarified that the survey should be a very comprehensive survey and not specific to this one issue. Council member Williams voiced concern that this issue would be lost in this comprehensive survey. Council member Williams made a motion to include on the May Ballot, eliminating option #1, including option #2 as is, and adding a not to exceed dollar amount for option #3; Mayor Pro Tem Cates seconded. Mayor Pro Tem Cates amended her motion to include a cost and then suggested that this be tabled until the next meeting. Council member Edstrom made a motion to refer until the next meeting; Mayor Pro Tem Cates seconded. Motion to refer to the next meeting passed 2: 1, Cates and Edstrom voting for, Williams opposing. Mayor Sanders restated Council's direction to staff as; explore options to place cost on either over all program or both items and allow for the vote on item 2 as to how it might continue. D.5 Discuss and take appropriate action to direct staff on the inclusion of an item on the May 13, 2006 ballot to reduce the amount of sales tax revenue allocated to an EDC and to levy a sales and use tax to provide revenue for maintenance and repair of municipal streets. Council member Edstrom made a motion to reduce the tax of EDC 4B by 118 of 1% and establish a revenue for repair and maintenance of the streets; Mayor Pro Tem Cates seconded. Council member Edstrom confirmed that this does not replace the need for a line item that budgets road repairs. Mayor Pro Tem Cates commented that $4 of 1% would be adequate and would allow EDC 4B to continue what they are doing. The mover modified the motion to place on ballot a proposition establishing a tax revenue allocation of $4 of 1% allocated to road maintenance; the second agreed. Motion passed unanimously without further discussion D.6 Discuss and take appropriate action regarding the appointment of either one or two representatives from Council to participate in discussions with MUD representatives relative to providing Water and Waste Water service to areas outside of the Municipal Utility Districts. Mayor Sanders advised the Municipal Utility Districts have already designated two representatives from both MUD1 and MUD2 to participate in discussions with the Town. Council members Williams and Edstrom volunteered to participate in these discussions. No official action taken. D.7 Discuss and provide direction to staff regarding possible inclusion of Resident Pool User Fees on the Town's Schedule of Fees Ordinance. Parks and Recreations Director, Adam Adams advised that staff makes no recommendation other than to state that the fees presented to Council in the packet are deemed reasonable, as they have been compared to other cities with similar demographics and aquatic facilities. A majority of Park Board (8-2) voted against fees for the 05/06 budget year. Mayor Pro Tem Cates questioned how much of the $137,000 relates to Town Staff other than direct pool operations personnel. Mr. Adams answered $7,600.00. Council member Williams made a motion that pool fees be implemented as suggested for the 2006 season. The motion died for lack of a second. D.8 Discuss and take appropriate action regarding an interlocal agreement with Marshall Creek Park for Police Services. Council member Edstrom moved to approve; Mayor Pro Tem Cates seconded. Motion passed unanimously without further discussion. D.9 Items for Future Agenda. .Discuss and take appropriate action approving the final format of the Year In Review Publication (March 6,2006) .Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20,2006) .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 present the Citizen of the Year award. (March 6th, 2006) .Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20th, 2006. Added: Discuss and take appropriate action regarding the dedication of Park Land and Open Space. (March 6', 2006) Discussion of possible annexation of the Town of Marshall Creek. (March 6: 2006) 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. D. 10 Consent Agenda: Discuss and take appropriate action approving a letter supporting TXDOT and their proposed plan for improving access through the SH 114 / SH121 corridor. D.ll Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 6th, 2006. D. 12 Consent Agenda: Discuss and take appropriate action to approve financials dated January 2006. D. 13 Consent Agenda: Discuss and take appropriate action regarding Racial Profiling Report for 2005. D.14 Consent Agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege for the following dates: May 6th and October 21st. Council member Williams made a motion to approve Consent items D.10 - D.14; Council member Edstrom seconded. Motion passed unanimously without any discussion. D.15 Informational Only - Additional Information for Council review as provided by the Department of Police and Fire Services. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION at 9:35P.M. 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) Applications for Town Manager position, prescreeening, processing of applications, and interviews. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 9:57 P.M. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El No action taken. F.l Adjourn. Council member Edstrom made a motion to adjourn; Council member Williams seconded. Meeting adjourned at 10:OO P.M. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.55 1.07 1. Town Secretary EM!&- Mayor of Trophy Club