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Minutes TC 02/06/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 6,2006 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, February 6, 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 Beverly Foley Susan Edstrom STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Beth Ann Gregory Patricia Adams . Randy Briggs Mayor Mayor Pro Tem Council Member Council Member Council Member Interim Town Manager Town Secretary 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 7:02 p.m. noting a quorum was present. A.2 Invocation. I Roger Unger, Interim Town Manager 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 Sanders led the pledges. A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Chris ChapmadTrophy Club Boy Scout Troop 937, and congratulating him on his achievement of the Eagle Scout Award. Mayor Sanders awarded Chris Chapman, Eagle Scout recipient with a Proclamation recognizing his outstanding achievement. Mayor Sanders pointed out that Mr. Chapman is the 59~ Trophy Club resident to receive this honor. Council member Edstrom made a motion to approve; Council member Williams seconded. Motion passed unanimously without any discussion. I B. 1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action I 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- Candidates may apply for a place on the May 13th Ballot, starting on February 13". Seats are open for three Council Members for two-year terms and one Council Member for a 1-year term, three Directors for four-year terms to the Trophy Club Municipal Utility District No. 1, and two Directors for four-year terms each to the Trophy Club I Municipal Utility District No. 2. *More information is available on the Town's website. Citizen of the Year Award- The Town of Trophy Club values the contributions its citizens make to enrich the quality of life in our community. The Citizen of the Year Recognition helps showcase the people who make Trophy Club unique and provides formal acknowledgment of deserving individuals. The deadline for nominations is February 20, 2006 for individual contributions in the community (in any mode that serves the residents; i.e., Town government, sports, schools, church, scouting, etc.). Community Development: Roads & Infrastructure Indian Creek - Two small sections of Indian Creek at Valley Wood are being removed and replaced by the contractor as a warranty issue. One section has been replaced and once it has cured and can be opened to traffic, work on the remaining section will begin. Traffic Study - The traffic study is expected to be complete next week and will be brought before Council for review possibly as soon as the February 2ofi meeting. Building Addition - The building continues to move along ahead of schedule. The walls are in and texture and painting is occurring this week. We are on track to move in the middle of March. Finance: Budget Update- Staff has started the preliminary budget process and intends to have a Joint Budget Workshop with Ways and Means and Council prior to the March 6fi Town Council. Meeting. The FY 04/05 Audit will be presented to the Council at their February 20'" meeting. Information Systems: Training on the Mobile Cite Citation Management will start on February 14th, and is expected to go live on February 16th. Parks and Recreation: Marshall Creek Park- Jointly funded the purchase on an ATV for use by the Police to enforce violations by ATV users entering the park illegally. Pool Operations- The Pool website should be completely updated by the end on this week. Maintenance Operations of the Pool will also begin at the end of this week. Planning & Zoning: Zoning 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. Their application is scheduled to go before the Planning & Zoning Commission February 16,2006. 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. 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 February 14,2006. Gas Well The police department has been monitoring noise levels daily at and near the well sites both during the day and overnight. he readings have been in compliance with Town drdinance. Periodic monitoring will continue to ensure that they remain in compliance. Residents experiencing excessive noise are encouraged to contact non-emergency police dispatch at 972.434.5500 and an officer will be dispatched to investigate. Police and Fire Services: Police Services As a result of numerous complaints from Grapevine Lake Preservation Association (GLPA) about unlawful riding outside of prescribed ORV areas, we have obtained an ATV for patrolling and enforcement of ORV restrictions in MCP. This should be operational in a couple of weeks after the proper training is conducted for the Police Officers in the safe operation of the ATV. Obtained 1996 Dodge Van from the Law Enforcement Explorer Post. The Van was donated from a Town resident to the explorer post and will be utilized for School Resource, Explorers and Travel. Fire Services Director Briggs attended the mandatory meeting with the Denton County Office of Emergency Preparedness in response to the UASI grant and FEMA Reimbursement for Wild-land Fires. Reimbursement includes manpower, overtime and mileage for responding to the wild-land wildfires. 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. Eddie Price - 1 Cimarron Dr. Addressed the Council expressing his frustration regarding the high TXU electricity costs. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION C.l Receive update and presentation from the NISD Task Force and discuss and take appropriate action to provide further direction to the Task Force and staff. Beth Ann Gregory, Community Development Director acknowledged the following members of the NISD Task Force; Marc Bal-tels, Wendy Hill, Rebecca Shuman, Mark Venator, Glen Strother and Matthew Graham. She described the five areas the Task Force has identified according to the objectives previously assigned by the Council; Joint Use Sports Fields and School Based Recreation Opportunities, Joint Use Performing Arts Facilities, Marshall Creek Park Facility Use, Shared Irrigation Infrastructure and Joint Use Library Facility. Roger Unger spoke to the potential annual cost of a shared library and the possible funding methods. Mayor Sanders commended the Task Force on this presentation as well as the time they have invested. Mayor Pro Tem Cates commented that the Task Force should review the EDC 4B capabilities of a funding source; as she believes that this would actual require more expenditure. Council member Edstrom thanked the members of the Task Force, indicating that this is the direction that they intended the group to take. Mayor Sanders clarified that the presentation will be placed on the website. Council member Foley agreed that the Task Force did a great job. Mayor Sanders summarized the recommendation of the Council that this Task Force continue with their plan. D.l Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-14 in its entirety, and adopting a new Ordinance adopting a Town Council Procedures Policy for the Town Council of the Town of Trophy Club. Council member Williams made a motion to repeal Ordinance 2001-14 and approve a new Ordinance adopting a Town Council Procedures Policy for the Town Council of the Town of Trophy Club with a modification of striking the last sentence of section 2.3; Council member Edstrom seconded the motion. Council member Williams reasoned that the Council still needs the ability to determine whether a member's absence should be excused as according to the Charter. Council member Edstrom suggested that a group be formed in May or June to look at certain sections of the Charter that need more clarification. Bill Rose - 219 Inverness Dr. Addressed the Council suggesting that a charter review committee be formed to address sections of the Charter deemed necessary for revision. Mr. Rose also recommended that the second sentence of section 2.8 be changed to read the Town Manager or Acting Town Manager. Council member Williams modified his motion to include the recommendation made by Mr. Rose; the second agreed with the modification. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding a referendum or survey of the residents on the traffic calming pilot program. Patricia Adams, Town Attorney advised the Council that the outcome of a referendum, if approved would be binding until such time as a second referendum is held. Ms. Adams suggested that parameters be included to the referendum such as establishing a time frame for the duration of the program. Council member Williams made a motion to include a referendum on the May ballot as previously approved, with Council's ability to approve the verbiage of the referendum; Council member Foley seconded the motion. Mayor Sanders asked for clarification of the previous motion approved at the October 31d, 2005 meeting; Mayor Sanders called for the vote. Motion to approve the trafic calming project for the section of Trophy C~LL~ Drive for six months, with funding taken fronz street maintenance and with Council including as a referelldurn on the ballots in May, assunzing that this can be accomplished with election time deadlines, passed u/zalzi~izously withoutfurther discussion. Mayor Sanders opened the floor for discussion, explaining that the discussion should relate to whether Council approve a referendum and not about the particulars of the referendum. Council member Williams recollected that the Council previously approved a referendum and that they should live up to the their word. Council member Edstrom does not in support a referendum given how the Charter exists today, but would prefer to survey the residents. Mayor Pro Tem Cates supports a referendum and believes that Council should not make this decision, but rather the citizens. Council member Foley agrees with a referendum. Margi Cantrell of 1105 Sunset Drive declined her opportunity to address the Council, when called upon by the Mayor to speak. Mayor Sanders' favors having a referendum as it allows the citizens to speak. Council member Edstrom requested that Council approve the language of the referendum prior to it being placed on the ballot and that the residents be fully informed about the consequences of the referendum. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action to reschedule the regularly scheduled May 15, 2006 Council meeting to May 22, 2006 in order to satisfy Election Code requirements for official canvassing of the May 13, 2006 Election. Council member Edstrom made a motion to reschedule the May 15" Council meeting to May 22nd; Council member Foley seconded the motion. It was confirmed that both the canvass of the election and seating of the new election officials could occur at the May 22"%eeting. Motion passed unanimously, without further discussion. D.4 Discuss and provide direction regarding the implementation of ASA (American Supporting Americans) program and provide an update on progress. Mayor Pro Tem Cates gave a presentation introducing the Town's adopted unit, 1" (Bastogne) Brigade of lOlst Airborne Division - 32nd Cavalry 'The Bandits.' Cates advised that to date, little support has been shown to this unit who has been deployed since September 2005 and provided an list of needs that would be welcomed support to this unit. Council member Edstrom confirmed that students requesting community service hour should contact Steven Kohs. Mayor Pro Tem Cates advised that the schools she has been in contact with are very excited to participate. Council member Williams suggested that the presentation be displayed on the website, Channel 7 and sent out as a Press Release as well as advertised on the Marquees. Mayor Sanders asked that reporters, Amy Keen of the Trophy Club Times and John Kirsch of the Star Telegram, who were in the audience, include the ASA program in their coverage of the Town. Dennis Sheridan - 1 Hillcrest - Addressed Council as a former member of 10IS' and a strong supporter, requesting to be notified if any members of this Unit come through DFW on R&R, as he would like to take them to dinner. D.5 Staff to provide Town Council with an update on the Year-in-Review Publication, Council to discuss and provide direction to staff. Council was given the first draft of the Year In Review. Mr. Unger asked for Council's comments andlor suggestions, informing them of staff's intentions to submit the final draft for their approval at the March 6' meeting. Council member Edstrom suggested that the picture on the front cover be replaced with a business that is still operational. Mayor Sanders suggested the motorcycle picture on the Parks and Recreation page by replaced. Other suggestions made by the Council were: add information on the new High School on the Did You Know Page, place caption under the picture with explanation on the P & Z page. Mr. Unger confirmed that the publication will not be mailed out to the residents this year but will be available as handouts, it will be included in the new resident packet and available on the Town's website. Council member Edstrom suggested a Press Release announcing when the publication is complete and available. D.6 Discuss and take appropriate action to approve Minutes dated, January 23,2006. Council member Foley made a motion to approve the Minutes dated January 23, Mayor Pro Tem Cates seconded the motion. Motion passed 3-0-lwith Williams, Foley and Cates voting in favor and Council member Edstrom abstaining. D.7 Discuss and take appropriate action to approve minutes dated January 24,2006. Council member Edstrom made a motion to approve the Minutes dated January 23; Council member Williams seconded the motion. Motion passed 3-0-lwith Williams, Edstrom and Cates voting in favor and Council member Foley abstaining. D.8 Items for Future Agenda. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20. Ordinance to include possible inclusion of Recreational User Fees. (February 20,2006) Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20, 2006) Discuss and take appropriate action for a Road Maintenance District. (March 6, 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. Finish Strategic Planning Workshop on February 20" before the Council meeting. Discuss and present the Citizen of the Year award. (March 6', 2006) Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20", 2006. Form a Charter review committee. (Date to be determined.) Discuss and take appropriate action regarding a referendum on traffic calming. (Discussion on February 201h and Action on March 2006) Discuss and take appropriate action regarding the review of the traffic study. (February 20", 2006) Item for agreement Town of MCP for Police Services interlocal agreement 2-20 D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. 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. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:30 P.M. EXECUTIVE SESSION E.l Pursuant to Texas Government Code, Annotated, Subchapter 551, 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A. Consultation with Town Attorney on pending or contemplated litigation or 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 Texas Open Meetings Act ($55 1.07 1 (a) and (b)). (1) Town of Trophy Club, Texas v. Bryan W. Aldridge; Cause No. 2006-20009-158 (2) In re Bryan Aldridge, Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 8:50 P.M. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El. No action being taken. F.1 Adjourn. Council member Edstrom made a motion to adjourn; Council member Williams seconded the motion. Meeting adjourned at 850 P.M. * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Secretary, Lisa ~arnse4 Mayor, Town of Trophy Club, Nick Sanders