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Minutes TC 01/23/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 23,2006 7:00 P.M. STATE OF TEXAS 3 COUNTY OF DENTON 9 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January 23,2006. 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 Roger Williams Council Member Beverly Foley Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Beth Ann Gregory Patricia Adams Adam Adams Randy Briggs Council Member Interim Town Manager Town Secretary Community Development Director Town Attorney Parks and Recreation Director Police and Fire Services Director 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. Mayor Sanders 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. A.4 Mayor's presentation to Council member Scott Spence, acknowledging his four years of service on the Town Council. Mayor Sanders acknowledged Scott Spence and thanked him for the time that he dedicated to serving the Town. Scott Spence accept$d began by saying that he respects everyone that he has had the opportunity to work with and that his tenure on the Town Council was a huge educational opportunity, one that he encourages others to get involved with. Mr. Spence complimented the staff and expressed his appreciation for being allowed to participate in the Town's government. 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 presentations. 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. Roger Unger, Interim Town Manager gave the following update: Administration: Court - Possession of Fireworks Fine Increased: Due to the high fire danger, the Municipal Court Judge has increased the fine for fireworks possession to $225.00 and to $290.00 for the discharge of fireworks. Electronic Marquee: There have been connectivity issues with the electronic marquee on Trophy Wood Drive. We believe we now have it fixed. We are still trying to sort out what works best with respect to message size and timing. Council input would be appreciated. Community Development: Roads, Traffic & Infrastructure Staff has a meeting scheduled with TxDOT this week to discuss making changes to the signal light at Trophy Lake and 114 facilitate out bound traffic flow and the possibility of adding an acceleration lane as you enter westbound Hwy. 114 from Trophy Lake Drive. Traffic Study - The update of our existing traffic conditions report should be complete in the next few weeks and will be brought to Council when complete. Building Addition Building Addition - The project continues to progress ahead of schedule. Installation of the windows and exterior doors, sheetrock and roofing material are currently in progress. The building should be dried in by Thursday. Permitting - Commercial occupancy in Trophy Club has reached an all time high. The Plaza (Trophy Lake & Hwy 114) has 125,373 sq. ft. of retail space of which 88% is occupied and the Village (Trophy Club & Hwy 114) has 37,279 sq. ft. of retail space of which is 95% occupied. Finance: First Draft FY 2004-2005 Audit: We have received the first draft of the fiscal 200412005 audits for the Town and MUDS. The staff has reviewed them and requested the auditors to make some corrections. The Ways and Means Advisory Group will review the next draft at their January 30th meeting. FY 2006-2007 Budget: The staff has started doing the preliminary work to begin the budget process for fiscal 200612007. We anticipate a budget workshop with the Town Council in early March. Parks and Recreation: Swim Season: Swim season preparation is underway with the season dates, lesson times, and the revised web site information to be posted this week. Remote Airfield at Marshal Creek Park: The remote airfield at MCP has been cleared with topography and a grading plan to be submitted to the COE Beck Park: The EDC4A funded improvements at Beck Park have been completed Landscaping Improvements - Indian Creek Street Project: The Landscaping phase of the Indian Creek Street Project has begun with a completion date in late Marchlearly April. Planning & Zoning: Zoning Submissions - DR Horton: DR Horton is still in the process of preparing changes to their zoning application. The next P&Z workshop date has not yet been determined. Country Club Maintenance Facility: The Maintenance Facility for the Country Club is currently within Hogan's Glen property. The Beck's are 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 is tentatively scheduled for an agenda in March. Platting - Eagle's Ridge: Staff has received the revised construction plans and the Town Engineer is currently reviewing them. Trophy Club Country Club: The Country Club is in the process of platting their land. The plat will cover approximately 290 acres. Staff is in the process of reviewing the preliminary plat, which should be on one of the Comrnisslon's meeting agendas in February. Police and Fire Services: Police Services Bureau - Inter-Department Survey: The survey is currently being conducted. Department Needs Assessment RFQ: Concluded initial assessment of RFQ for Department (Fire and Police) Needs Assessment. Selected 5 firms to submit a RFP by 20 Feb 2006 for review. Department Website Update: Updating Departmental website to include: (1) Internet Fraud, (2) Links to additional law enforcement agencies, (3) Graffiti, (4) Driving While Intoxicated, (5) Identity Theft, and (6) Silent Witness (Crime Stoppers) Fire Services Bureau - Gas Well Decibel Readings: Taking noise level readings on gas wells due to complaints from citizens. CPR Classes: Concluded CPR Classes for Residents and Staff had a total of 28 students completed the "CPR for Friends and Family" course and another 25 students including staff members from the Police and Public Works departments attended the "Heartsaver CPR" course. We are sponsoring an additional "Heart Saver" course on Feb 18 from 1 :00 pm to 4:00 pm. UASI Grant: Received permission to purchase equipment from the UASI Grant. Emergency Power Generator and Radios. B.3 A Proclamation of the Town Council of the Town of Trophy Club recognizing the 100th Anniversary of the Star- Telegram. Mayor Sanders proclaimed and recognized the 100th Anniversary of the Star-Telegram by presenting Steve Jacob, Publisher of the Star Telegram NE Metro with a proclamation. Council member Williams made a motion to approve the Proclamation; Council member Foley seconded. Motion passed unanimously. Mr. Jacob graciously thanked the Town Council for the recognition. TOWN COUNCIL TO COWENE INTO REGULAR SESSION "REGULAR SESSION D. 1 Town Council to discuss and take action to direct staff to prepare an amendment to the Schedule of Fees Ordinance adopting additional recreational user fees. Parks and Recreations Director, Adam Adams advised the Council that the P & R Board considered implementing Sports and Association fees, Tournament fees and Resident Pool fees however, the Board recommends that the Council decline implementing fees for any of these purposes. Council member Williams expressed that most cities charge fees for use of the pool and believes that the Town should charge a nominal fee as well as charge an association fee for tournaments beyond the season. Council member Foley agreed that there should be a pool fee. Mayor Pro Tem Cates believes that if the Town is going to implement fees, they should be fair to the entire community and should be consistent for all programs. Council member Williams made a motion directing staff to bring back potential costs for usage fees; Council member Foley seconded. Interim Town Manager, Roger Unger, asked that for clarification if the motion was for charging fees in 2006. Council member Williams amended his motion to include that the fees be applied to 2006; the second agreed. Council member Williams amended a third time, requesting that staff present the figure at the February 20' meeting; the second agreed. Motion passed 2; 1; with Council member Williams and Foley voting for and Mayor Pro Tem Cates against. Mayor Sanders requested that this item be added to list of items for future agendas. D.2 Discuss and take appropriate action to award or reject a bid for the installation of a pre-engineered metal maintenanceloperations building to be located adjacent to the wastewater treatment facility. Mr. Adams, advised that this 40' x 100' building will be jointly shared with the M.U.D and is necessary to house equipment and conduct maintenance operations. Mr. Unger added that total bid tabulation is 158,000, to include a 20-foot approach that a change order has been submitted. Council member Williams made a motion to authorize the bid; Council member Foley seconded. Motion passed unanimously without any discussion. D.3 View and discuss presentation by Public Safety Advisory Group regarding research relative to garage sale traffic and past traffic concerns; Town Council to provide direction to staff regarding same. Randy Briggs, Director of Police and Fire Services, advised that the Public Safety Advisory group met in December and came up with three suggestions; to increase date of the garage sale to twice a year and limit the number of participants, to require post and park on only one side of the street, which would be labor intensive with an unknown cost due to the late entries, or do away with the garage sale, which is not realistic. Mayor Pro Tem Cates suggested that the Women's Club hand out a brochure requesting that the residents park on the right side of the street. Chief Briggs advised that the Department could not enforce this request, as it is not an ordinance, but that it could be a recommendation from Town Council. Council member Foley included that while requesting this in a brochure is good idea, however very few would actually read it and it would not be enforceable. Council member Williams acknowledged that this is an ongoing problem that is only exasperated by the garage sale. Williams suggested that discussion for the placement of no parking signs be placed on a future agenda. Bob Radder, 1 Lee Court and a member of the Public Safety Advisory Group suggested possible enforcement of the start time of the garage sales as well as temporary no parking signs due to speciaVcommunity events. Patricia Adams, Town Attorney confirmed that the ordinance would need to be revised order to enforced and issue tickets and suggested that the permit language would need to be changed, stipulating that the group place their own signs. Council member Foley advised that if we make this too burdensome, people are not going participate. Mayor Sanders confirmed that no action would be taken. Mayor Pro Tem Cates commented that it is only a matter of time, before this issue wiil have to be addressed. D.4 Town Council to discuss and direct staff relative to the distribution of a Permitting and Code Compliance brochure. Beth Ann Gregory, Community Development Director, explained that at the Council's request, staff created a Permitting and Code Brochure, which would cost approximately $425 to print, fold and distribute with the waterltrash bills. Because the Year-In-Review will not be distributed my mail, budget money would be available to fund this project if approved by Council. Mayor Sanders suggested moving the disclaimer and place at the beginning in a summary format. Council member Foley suggested that the brochure be mailed once a year, particularly in spring. Ms. Gregory informed Council that there is a new resident package that is sent to all new residents that this brochure could be added to. Mayor Sanders specified that the brochure be included in the next water bills and then to go out on an annual basis. D.5 Items for Future Agenda. 1. NISD Task Force Update (February 6,2006) 2. Year in Review (February 6,2006) 3. Long term capital project list, projected fiscallimpact and surveys for resident input on potential projects. 4. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. 5. Status of street repairs and bonds, including recommendation. 7. Apartment Ordinance. Second meeting in March 20 meeting Per discussion on item D.1, Discuss and take appropriate action regarding an amendment to the Schedule of Fees Ordinance adopting additional recreational user fees will be added for the February 20~ meeting. D.6 Additional Information for Council as provided by the Department of Police and Fire Services. Informational only. 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.7 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement between the Town and Denton County for the rental of Election equipment. D.8 Consent Agenda: Discuss and take appropriate action to approve financials dated December 2005. D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 9,2006. Council member Foley made a motion to approve Consent Agenda, items D.7 - D.9 with the addition of Council member Edstrom's name added to D.5 on the January 9th minutes; Council member RW seconded. Motion passed unanimously without discussion. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION at 8:07P.M. EXECUTIVE SESSION E. 1 Pursuant to Texas Government Code, Annotated, Subchapter 55 1, Sections 55 1.074(a) "Personnel Matters" and 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A. 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) Selection of Town Manager applicants to be preliminarily interviewed by a phone screen, appropriate questions and information sought. (2) Discuss evaluation 1 performance review of Town Attorney Patricia Adams. B. 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 (5551.071 [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 9:47 *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El. Mayor Sanders advised that they are advising Ms. Adams to respond appropriately to the request from the Appellate Courts for information and opinion on Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth. F.l Adjourn. Council member Williams made a motion to adjourn; Council member Foley seconded. Meeting adjourned at 9:45 * 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 EMS& Mayor, Town of Trophy Club, Nick Sanders