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Minutes TC 06/05/2006MINUTES OF REGLTLAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 5,2006 7:00 P.M. STATE OF TEXAS 6 COUNTY OF DENTON 0 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, June 5,2006. 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 Greg Lamont Philip Sterling STAFF AND GUEST(S) PRESENT: Brandon Emmons Roger Unger Lisa Ramsey Patricia Adams Beth Ann Gregory Adam Adams Tom Shehan Danny Thomas Kerin Fleck Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Finance DirectorIAssistant Town Manager Town Secretary Town Attorney Community Development Director Parks and Recreation Director Interim Police Chief Fire Captain Planning and Zoning Coordinator 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. Council member Sterling led 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. B.l Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken I regarding any individual project posted under this item and discussion will be limited. If extensive discussion is I required, the item may be placed on a future agenda. Brandon appreciates being allowed this opportunity. i Administration: Meet the New Town Manager On Friday, June 9th, from 6:30 until 8:30, there will be a reception held at the Trophy Club Country Club. The I purpose of this reception is to allow the residents to meet and interact with the new Town Manager. I Water Conservation Ordinance I 1 The watering restrictions imposed on the Town and its residents by the city of Fort Worth went into effect last Thursday, June 1st. Just as a reminder, with the exception of hand watering and soaker hoses, no outside watering is allowed to occur between the hours of 10 am and 6 pm. The golf course uses recycled water therefore; the restrictions don't apply to them. The Town will need to perform maintenance on their irrigation systems during normal working hours and will place signs on areas where irrigation system maintenance is occurring. The Town and Municipal Utility Districts thank you for your cooperation with these restrictions. Community Development: Streets & Infrastructure Inverness Storm Drain Improvements The project is progressing ahead of schedule. Inverness Drive will continue to be open to through traffic with intermittent brief closures between 8:00 am and 5:00 pm Monday - Friday for construction. Traffic Calming The removal of the buttons along Trophy Club Drive and the application of paint will occur later this month. The striping of Indian Creek Drive is scheduled for July. Highway 114 Extension The Town has been in contact with a number of other cities and organizations including TX DOT to highlight the need to complete the lanes on Highway 114 beyond Trophy Lake Drive. This project, which will terminate 0.84 miles west of Trophy Lake Drive and include the Highway 170 interchange, is in the design phase at TX DOT, however not currently funded. Getting exposure for this project and pursuing funding from every available source will continue to be a top priority for staff. Permitting YTD ~uilding Permits The Town has issued 18 building permits since October 1,2005 with at total property value of $9.6 million. Finance: Budget Workshop The next budget workshop with the Town Council will be June 19th prior to the start of the Town Council meeting. Parks and Recreation: pool The pool will be closed this Saturday, June loth, during morning and afternoon hours for the annual NWISD Swim Meet. The pool will be open from the hours of 5-8pm. The pool has been closed to the public on the day of the meet for the last two years due to the possibility of weather delays pushing the meet time back; and that we often require manual chemical adiustments to the water as the number of swimmers and the level of activity create additional water chemistry changes that need to be addressed manually. We just received notice already last week that an additional team has registered which requires us to extend the time one hour. Based on the number of parties that are being booked this year (eight as of today) we decided to allow a party to book the time following the meet with the understanding that they would have to delay their start time if for any reason the swim meet did not end on schedule. The daily average attendance at the pool is running about 25 swimmers per day higher than last summer at 275 people. We also have just under 200 children registered for swim lessons, which is a 30% increase at this time over last year. Planning & Zoning: Medlin Middle School NISD is planning a ten-classroom expansion. The addition will require an amendment to the Site Plan, which will go before the Planning & Zoning Commission and Town Council for action. This item should be on the Council's agenda in late August. Police and Fire Services: Complaints The Marshall Creek ParkIGrapevine Lake Preservation issue is alive and well. While the water is down and causes all of the dry land to be driven on, it makes it very difficult to enforce. Police is working with P & R in an effort to provide more enforcement. In addition, the officers are not certain where the Town boundaries are located. We are currently looking at options of enforcement. Council member Edstrom asked about the U turn sign at Trophy Club Drive; Beth Ann Gregory responded that Community Development is moving forward with the U-turn sign issue and that we will be placing the amendment to the ordinance on the next agenda. Council member Edstrom suggested that we forward a letter to the residents so they can utilize the names and addresses for the legislature regarding the funding from TX DOT in respect to the HWY 114 project. Edstrom asked if we should hold off on the buttons on Trophy Club Drive; Beth Ann Gregory responded that they would be striping instead, so additional cost to the Town should be minimal but would check into. Mayor Sanders added that a meeting with NCTCOG has been scheduled to address this issue. Council member Williams asked about cost to the Town for the swim meet, none per Adam Adams. .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. Pearl Ford, 2 Spring Creek Court. Addressed the new Council members and Town Manager encouraging them to take action on long term objectives and asked that they empower the EDCs to look at another plan. B.3 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of Certificate of Election to the Incoming Council member, Philip Sterling. Mayor Sanders commented that Mr. Sterling took his Oath of Office last week so that he could participate in the June 3,2006 workshop and taking his Oath of Office scheduled for tonight was ceremonial only. Honorable Mark Chambers administered the Oath of Office and Statement of Elected Official to Council Elect, Philip Sterling. Mr. Sterling was presented with a Certificate of Election. B.4 Council to discuss and provide input regarding Council Rules of Procedures outlined in Ordinance No. 2006-03 and the paperless agenda system, including email access and usage during Council meetings Mayor Sanders introduced this item, calling attention to the following from the Council Rules of Procedures; Item 2.3; Council members should notify Lisa Ramey, if they are going to be absent from a meeting and that missing three meetings in a row could make them ineligible to continue serving on Council. Item 2.7, Right to the Floor, emotional issues spur the tendency to interrupt a speaker, however in order to maintain decorum, Council members need to wait to be recognized. Council members may be allowed to speak only once until all other Members have had a chance to speak. Item 5.4, allows citizen presentation up to six minutes, three minutes before and three minutes after. Mayor Sanders explained that the purpose of the Paperless Agenda program was to eliminate the use of so much paper, thus notebook computers were bought for all Council members and the Agenda and Packet are distributed via CD. Council member Williams advised that section 3.1-needs to be changed, reflecting that the Council meetings start at 7:OO. Section 5.4, 'The foregoing rules and time limitation do not apply to citizens appearing at a public hearing being held by the Town Council pursuant to any oficial notice there05 ' needs revised to include a time limit. Williams questioned if Section 5.2 is allowable under the Open Meetings Act and suggested we revise the language as it relates to Items for future Agendas. Williams thinks that the Paperless Agenda is great, but would prefer to receive the budget in an excel document, which should be added to the cd that they receive with the'agenda and packet. Mayor Sanders asked the Council's preference about downloading the agenda from the website. Mayor Pro Tem Cates advised that there are too many viruses going around. Council member Sterling believes that a link on website is good idea and if a Council member prefers a cd they can call and request one. Mayor Pro Tem Cates mentioned that the agenda and packet are not received in enough time to adequately prepare. Council member Lamont asked for clarification to 5.3. Mayor Sanders explained that the intent of Items for future Agendas is to provide information to residents about what Council will be addressing in the meetings to follow. Mayor Sanders spoke to the resident who expressed a concern that Council was deliberating via emails during meetings. Sanders provided that some of the Council member's make notes online and that he is the only one who receives emails from the Town Secretary and Town Attorney during meetings. Deliberation amongst Council members during the meeting, via email would be against the Open Meetings Act. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:37 P.M. PUBLIC HEARING C. 1 Public Hearing: Consider: An amendment to Ordinance No. 95-20 by amending the signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive Suites, a portion of PD-13. (PDAMD-06-02 1) Planning and Zoning Coordinator advised that the purpose of the Public Hearing is relative to a request to amend the signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive Suites and that the property is currently zoned PD-13. The uses designated for this site are Office/Commercial and the site consists of approximately 1.8 acres, and contains a 19,000 square foot office building built in 1996. The Planning & Zoning Commission unanimously recommended approval of this request at their 18 May 2006 meeting. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 7:38 P.M "REGULAR SESSION C.2 Discuss and take appropriate action relative to an amendment to Ordinance No. 95-20 by amending the signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive Suites, a portion of PD-13. (PDAMD-06-021) Motion made by Council member Edstrom, seconded by Council member Lamont to approve an amendment to Ordinance No. 95-20 by amending the signage requirements for tract 4B of The Village at Trophy Club, more specifically designated as 99 Trophy Club Drive, the Executive Suites, a portion of PD-13. Mayor Pro Tem Cates noticed that the size of signs in this area are inconsistent and thinks that they would look better all being the same size. Kerin Fleck mentioned that the P & Z Commission had this concern too, but believed that it was good for the businesses on the on the inside of center to get some visibility. Motion passed unanimously without further discussion. D.l Discuss and take appropriate action regarding a resolution authorizing participation in various cooperative purchasing programs as provided by the Town's Procurement Policies and Procedures. Brandon Emmons advised that the Procurement Policies and Procedures recently adopted by the Town Council allow the Town to utilize cooperative purchasing programs with the approval of Town Council. Purchases made through an approved Cooperative Purchasing Program satisfy state law competitive bid requirements. Motion made by Council member Edstrom, seconded by Council member Williams to approve a Resolution authorizing participation in various cooperative purchasing programs as provided by the Town's Procurement Policies and Procedures. Council member Sterling questioned if this would satisfy going out for bid. Brandon Emrnons answered each organization will go thru the bid requirements which are mandated by State Law. Mayor Pro Tem Cates asked if we have the appropriate documentation to show that this process has been followed. Patricia Adams responded that the Town's Purchasing Policy requires a resolutions for all of these organizations which is why it was brought forward tonight and the bid information will be available to the specific bid site. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding an Ordinance adopting the Code of Ordinances of the Town of Trophy Club, Texas. Mayor Sanders thanked Kerin Fleck, Patricia Adams and Shannon DePrater for their work on the codification and confirmed that codification will be effective on Friday when the Ordinance is published in the paper. Mayor Sanders suggested that we streamline amendments made to Ordinances, as codification will need to be amended each time there is an amendment to an Ordinance. Motion made by Council member Williams, seconded by Council member Lamont to approved an Ordinance adopting the Code of Ordinances of the Town of Trophy Club, Texas. Council member Edstrom congratulated staff for a job well done, Council Member Sterling agreed. Council member Williams asked will this cut down Open Records Request. Mayor Sanders said that it might; however, staffs generally provides copies of Ordinances without an Open Records Request. Motion passed unanimously without further discussion. D.3 Discuss and provide direction to staff regarding the Town's participation in a DFW 114 West Corridor section in the Dallas Business Journal and to pursue a request for $6,126 from EDC4-B to fund an advertisement. Brandon Emmons explained that this publication aliows for several cities to participate and suggested pursuing funding from EDC 4B. Mayor Sanders suggested that the Council take action encouraging the Metroport Cities Partnership to work with the Dallas Business Journal on an insert. Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates directing staff to move forward and approach EDC 4B about the funding. Council member Edstrom thinks that this is a good opportunity to piggy back with Southlake since they are spearheading. Roger Unger will place on EDC 4B's agenda this month. Mayor Pro Tem Cates requested that a little more be spent in order to do a good job representing the Town. Roger Unger requested Council expand their motion and approve this item tonight, due to the pending agreement. Council member Williams questioned if DR Horton or any other developers have been contacted about participating. Mayor Sanders responded that DR Horton, Terra and Beck have been contacted. Roger Unger added that he has spoke with Larry Stewart. Council member Lamont believes that EDC4B is the appropriate venue to fund. Council member Cates advised that EDC could only fund a limited amount in advertising. Council member Sterling questioned if this is the most effective journal for advertisement for our targeted audience Mayor Sanders stated that the DBJ is focusing on the 114 corridor. Mayor Pro Tem Cates commented that EDC4 B did spend money in advertisement, and after were discouraged from doing so. Cates suggested that the Council stay more consistent in their funding requests of EDC4B. Council member Edstrom said the Town would not want to be the only one in the area not participating and that EDC 4B should understand that this is a new day and a new Council and to move forward. Roger Unger said that EDC 4B is desirous of a meeting with the Town Council for clarification of their new role based on the reduction of sales tax. Council member Edstrom amended her motion directing staff to move forward to participate in DFW 114 West Corridor section in the Dallas Business Journal, requesting that EDC 4B fund the amount of $6,126, stipulating that the Town would fund if EDC does not. Council member Lamont seconded. Council member Sterling spoke in opposition, stating that it is not a good motivator to say that the Town will fund if EDC 4B does not. Mayor Pro Tem Cates agreed. Council member Edstrom has faith and will give EDC 4B the benefit of the doubt and we should strongly encourage that they participate in this venture and others like this. Council member Lamont inquired what would be the delay if TC does not approve tonight. Roger Unger advised that Council could take action at the June 19' meeting if they did not take action tonight. Motion to approve the amendment passed 3:2, with Council members Williams, Edstrom and Lamont voting for and Mayor Pro Tem Cates and Council member Sterling voting against. The motion as amended passed unanimously. D.4 Discuss and take appropriate action regarding the Extension and Modification of Settlement between TXU Electric Delivery and the Steering Committee of Cities Served by TXU Electric Delivery and Agreement to resolve outstanding Franchise issues. Patricia Adams stated that this is an extension of that initial settlement agreement with TXU and explained the incentives that would be provided to the Town upon approval and execution of the proposed Extension and Modification of Settlement Agreement. Motion made by Council member Sterling, seconded by Council member Williams to approve, amending that the franchise fee ordinance receive franchise fees on a quarterly basis. Council member Williams questioned if the same thing happens for TXU as with Charter Communications and their fees passed along to residents. Patricia Adams clarified that it is a pass through. Brandon Emmons advised that this is an option that the Utility companies can choose to charge the customers or not. Council member Sterling explained that he was originally against this, however, it seems as if TXU is trying to tie our hands behind our back that if rates rise too dramatically, there is a way out with the show cause Motion passed unanimously without further discussion. D.5 Discuss and take appropriate action regarding the holding of the regularly scheduled Council meetings on July 3, 2006 and September 4,2006. Brandon Emmons spoke that the regularly schedule meetings in July and September are either right before or after a holiday and suggested that Council consider rescheduling 713 meeting to 7/10 and the 7/17 to 7/24. Emmons advised that there were still questions regard September 4' meeting and recommended that Council not take action to move this meeting yet. Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to reschedule the July meetings for July 10 and July 24. Mayor clarified that staff's recommendation is to move the July meetings from the first and third Monday to the second and fourth. Council member Lamont suggested scheduling on the 5' which Council member Williams was good with. Motion passed 4: 1, with Council member Williams voting against. D.6 Discuss and take appropriate action regarding a Resolution extending the term lengths for EDC A, EDC B, Tree Board, Zoning Board of Adjustment and the Planning and Zoning Commission and establishing a new uniform month for appointment to Boards and Commissions. Brandon Emmons advised that we have received applications for reappointments to EDC A; P&Z and one re-appointment to Zoning Board of Adjustments and to the Tree Board, we are still short for some of the Board and recommended extending the term limits from June to a period set by Council and away from the general election day in May. Mayor Sanders suggested the term date of August 3 1. Motion made by Council member Edstrom, seconded by Council member Lamont to approve the Resolution, extending the term date until September 30. Council member Edstrom advised that by September 30, most people should be back from summer vacation. Patricia Adams mentioned that this is only for the boards mentioned in the packet and not the Parks Board, as their term does not expire until December. Motion passed unanimously without further discussion. D.7 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. 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. Payment Agreements with Master District for municipal annex. Discuss and take appropriate action regarding the creation of a Building Standards Commission. Recognition of the NISD, girl's golf and hockey teams. Discuss and take appropriate action regarding the creation of a committee to review the Town Charter. Discuss and take appropriate action regarding Police Facility. Agenda deadline and timing of delivery of agenda packet. Items requested to be added: Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2005-26 relating to traffic and street control standards, and adopting a new Ordinance related to traffic and street control standards, adding an additional no U-Turn sign on TC Drive. (6-19) Discuss and take appropriate action regarding the execution of a Water Study with Westlake. (6-19) Town Council to enter into discussion with the Town Manager regarding his goals and objections that will be used for that positions 90 day evaluation. (6- 19) Review the Pet Ordinance to verify that the vaccination requirements are compliant with State Law. Mayor requested that the Council members begin to forward these issues to Brandon Emmons as the Town Manager. 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.8 Consent Agenda: Discuss and take appropriate action to approve execution of new signature resolutions for Town Bank Accounts at First Financial Bank and Northwest Bank and Texpool by Brandon Emmons, Roger Unger, Lisa Ramsey, and Nick Sanders. Motion made by Council member Edstrom, seconded by Council member Williams to approve. Motion passed unanimously without any discussion. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:48 P.M. EXECUTIVE SESSION E. 1 Pursuant to Texas Government Code Annotated, Subchapter 55 1, Sections 55 1.074(a)(l) "Personnel Matters" and Section 551.071 (a) & (b) "Consultation with Attorney", respectively, the Council will enter into executive session to discuss the following: A. Personnel Matters ($55 1.074(a)(l)): The deliberation of the appointment of a public officer: (1) Appointment of Mayor Pro Tem. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 9:OOP.M. "REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El. Council member Sterling nominated Roger Williams for Mayor Pro Tem. Mayor Pro Tem Cates nominated Susan Edstrom. The vote called on the nomination of Williams passed who received 3 votes from Council members Lamont, Sterling and Williams; the vote was called on the nomination of Edstrom who received 2 votes from Mayor Pro Tem Cates and Council member Edstrom. Council member Roger Williams received the most votes and was elected Mayor Pro Tem. F.l Adjourn. Motion made by Council member Williams, seconded by Council member Lamont to adjourn. Motion passed unanimously. Meeting adjourned at 9:03 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 - C. Nick Sanders, Mayor Town of Trophy Club Town of Trophy Club