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Minutes TC 01/09/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 9,2006 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January 9,2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Pam Cates Susan Edstrom Roger Williams Beverly Foley 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 7:00 p.m. noting a quorum was present. A.2 Invocation. Director Briggs 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." Connor Devlin, Roderick Armstrong, Boardman Adams from Boy Scott Troop 328 led the pledges. 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. Rosalie Syms, 121 Fairway Village, Drive, Trophy Club, TX 76262 - Spoke in support of Roger Unger as Town Manager. Pearl Ford, 2 Spring Creek Court, Trophy Club, TX 76262 - Thanked Council for her nomination and election to the Board of Directors for DCAD. .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: On January 41h, the Town received Council member Scott Spence written resignation. Community Development: Roads & Infrastructure We continue working with the contractor to finish the punch list on Indian Creek reconstruction. Street Sweeping - We will be sweeping the major roadways in Town this week. Streetlights - TXU Electric Delivery recently completed a street light audit in a number of communities including Trophy Club. They found 85 lights that had been added with new development over the last few years, which were not being billed. The additional lights will be added to our monthly electric statement beginning in January at an estimated increased cost of approximately $850 per month. This will cause us to overrun our electricity budget by approximately $7,650 this fiscal year. There will be no back charges accessed for prior electric service to these lights. Building Addition - The project is progressing ahead of schedule. The parking lot was poured last week and should be open to traffic later this week. Electronic Marquees - The signs are up and running. Staff has been working with the software to adjust the size of the lettering and speed of the changes to make them easier to read. Raised lettering will be added this week on the monuments below the signs to say "Welcome to Trophy Club" on the inbound side and "Trophy Club A Great Place to Call Home" on the outbound side. Additionally, trim will be added around the electronic signs to finish the project. Animal Services - We have received over $1,200 in donations already this year for our Animal Services Program including $800 from the Women's Club. Permitting - The Town issued 537 permits including 55 for new single-family residences with a total value of $21.4 million in 2005, up from 24 new single-family permits in 2004 at a total value of $6.5 million. New Businesses - We have received a new permit application for a NailITanning Salon to be located at 2003 St Hwy 114, Suite 320 in the Village. . Finance: The Town anticipates the first draft of the Audit by this week. Information System: No Updates to report Parks and Recreation The EDC funded repairs on Beck 2 and 4 Baseball fields have been completed. Planning & Zoning Zoning Submissions DR Horton - The 4th revised application will be reviewed by the Planning & Zoning Commission at a workshop meeting Wednesday, January 11,2006. Platting Submissions Eagle's Ridge - The second set of construction plans have been reviewed by the Town's Engineer. There still remains several areas which have not been corrected from the initial engineering review. Kerin Fleck has requested a meeting with the Town's Engineer and the applicant's engineer in order to resolve any questions the applicant's engineer may have with the content of the review. 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 Commission's meeting agendas in February. Police and Fire Services The Police Services Bureau has initiated a program to establish trading cards with Police and Fire Fighters as motivationallinspirational meanings for 5th graders. The Police Bureau is also compiling end of year statistics for annual report. The Fire Services Bureau remains on high alert for Wildfire Mutual Aid and are in constant communication with Denton County Fire Marshal's Office for mutual aid standby and call-out. Municipal Utility District: Due to the extremely dry weather conditions, water usage is running very high 140%of last years usage. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action regarding processing of applications for Town Manager, quality of applications and need for further recruitment action, deadline for accepting and procedures for considering applications, including the delegation of administrative authority to process applications that do not meet minimum requirements. Mayor Sanders indicated that this was place on the agenda in order to provide direction to staff on how to proceed. The Mayor asked Council to speak to whether they wanted to notify the applicants who do not meet the minimum requirements, immediately or if they preferred to wait until the February 14' closing date. Mayor Pro Tem Cates, Council member Williams, Edstrom and Foley all in favor of eliminating and notifying the applicants who do not meet the minimum requirements prior to the closing date Council member Williams informed that he does not support paying for any relocation fees, should a candidate be selected from outside this area. Williams continued by acknowledging that he believes that there is already a qualified candidate and that application process should be stopped, as it should never have been initiated. Mayor Pro Tem Cates requested that staff question the out of area applicants to see if selected they would decline if they had to pay their own relocation costs. Cates also requested that the opening be posted on ICMA. Council member Edstrom agreed with Cates to post on ICMA as significant searches have been completed for other positions in the past and stated that she would also like to talk to some of the applicants. Council member Foley advised that posting to ICMA is only going to attract additional out of state applicants, of which, the TML posting has already accomplished. Mayor Sanders provided the cost information to post to ICMA and handed out a summary sheet summarizing the applicants' experience in Public Administration Council member Edstrom made a motion to spend up to $500.00 to post to ICMA, for 30 days; Mayor Pro Tem Cates seconded. The floor was opened for discussion. Mayor Pro Tem Cates reiterated that the Council has a responsibility to extend the search. Council member ole^, contended that spending $500.00 will not draw a bigger pool of applicants. Council member Williams spoke that if out of area candidates are interviewed, they will expect to be reimbursed for their accommodations. Motion to spend up to $500.00, posting the job announcement to ICMA's website, tied 2:2, with Cates and Edstrom in favor and Foley and Williams opposed. Motion passed 3:2 on the second vote with Sanders, Cates and Edstrom voting in favor and Foley and Williams opposed. Mayor Sander suggested phone screens in reference to Council member Edstrom's interest to speak to a few of the applicants. The Council agreed to submit a series of questions to Human Resources Manager, Lisa Ramsey, by the end of this week, so that she may start conducting preliminary phone screens with some of the applicants. D.2 Discuss and take appropriate action regarding the repeal of Ordinance No. 2002-24 and the adoption of a new Ordinance regulating food establishments. Community Development Director, Beth Ann Gregory spoke to Council member Williams question, that the revision of the existing ordinance was prompted only by the necessity to be compliant with state regulations and not due to an issue at one of the local establishments. Council member Edstrom made a motion to repeal Ordinance 2002-24 and approve the new Ordinance; Council member Williams seconded. The floor was opened for discussion. Motion to passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding the funding of repairs to the storm sewer system. Mayor Sanders advised that the Council would not take any action on this particular item and reported the MUD's response when asked to participate in this expense. Council member Williams believes that the Star-Telegram should report on the MUD's lack of support in correcting a problem that they new existed, prior to selling it to the Town. Council member Edstrom noted that there are three MUD 1 Directors seats up for election in May. D.4 Discuss and provide direction to staff regarding a future amendment to Ordinance No. 2001-14 to address procedures and notification requirements for Council member absences. The Mayor explained that per his request, Town Attorney, Patricia Adams prepared a draft amending the language of 2001-14 to be consistent with the Charter. Council member Edstrom made a motion directing staff to continue with the amendment as provided by Ms. Adams; Council member Williams seconded. The floor was opened for discussion. The Mayor asked that all Council members notify the Town Secretary of any absence of a Council meeting. Motion passed unanimously without any discussion. D.5 Discuss and take appropriate action to approve Minutes dated, December 5th, 2005. Council member Williams made a motion to approve; Mayor Pro Tem Cates seconded. The floor was opened for discussion. Motion to passed 3:O: 1, with Williams, Edstrom and Cates for and Foley abstaining. D.6 Discuss and take appropriate action to schedule a date for a long-termlbudget planning session. Council will provide their schedules to Interim Town Manager, Roger Unger so that he may set a date accordingly. D.7 Items for Future Agenda. 1. NISD Task Force Update (February 6,2006) 2. 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) 3. Year in Review (February 2,2006) It was mentioned that this is the incorrect date, should be February 6'. 4. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 5. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. 6. Status of street repairs and bonds, including recommendation. 7. Public Safety Advisory Group researching ways to handle the garage sale traffic. Director of Police and Fire Services, Randy Briggs advised that the Public Safety Advisory Group had already met and discussed this issue and would like to present their research at the January 23rd meeting. 8. Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (January 23,2006) Mayor Sanders advised that the date for item number 8, possibly needs to be pushed back. Council member Foley asked that staff research the cost of creating a pamphlet that could be included in the residents' water bill reminding and updating them of code enforcement requirements. Council member Williams suggested that in conjunction with the pamphlet, a section of the newsletter be dedicated to code enforcement or permit requirements. Staff will bring back research in the Manager's update. D.8 Informational Only - Year End Statistics as provided by the Community Development Department. Mayor commented 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.9 Consent Agenda: Discuss and take appropriate action regarding an Ordinance Repealing Ordinance No. 2005-20 adopting a new Schedule of Fees related to new construction, in its entirety. D.10 Consent agenda: Discuss and take appropriate action to approve financials dated November 2005. D.ll Consent Agenda: Discuss and take appropriate action.to approve Minutes dated, November 21, 2005. Council member Edstrom made a motion to approve Items D.9 - D. 11; Council member RW seconded. Motion passed unanimously without any discussion. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:07 P.M. EXECUTIVE SESSION E. 1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Sections 551.074(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 55 1.074 (a) (1) of the Texas Open Meetings Act. (1) Discuss evaluation / performance review of Town Secretary Lisa Ramsey. 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 (5551.07 1 (a) and (b)). (1) The Petition to Amend the Town Charter TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 9:27 P.M, *REGULAR SESSION E.2 Discuss and take appropriate action regarding Executive Session Item Number El. Mayor advised that Town council reviewed the Town Secretary and directed Interim Town Manager, Roger Unger to proceed with the performance review in respect to her functions as the Human Resources Manager. Council member Edstrom made a motion to direct Town Attorney to take appropriate action based on input received in Executive Session in respect to the petition to amend the Town Charter and file any necessary documents; Council member Williams seconded. Motion passed unanimously. F.l Adjourn. Council member Foley made a motion to adjourn; Council member Williams seconded the motion. Meeting adjourned at 9:30 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 own secre?ary, Lisa Ramsey Mayor, &L&~A- Town of Trophy Club - Nick Sanders