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Minutes TC 03/20/2006NOTICE OF A PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 20,2006 7:00 P.M. STATE OF TEXAS 8 COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 20, 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 Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Beth Ann Gregory Patricia Adams Kerin Fleck Danny Thomas Jim Hurley Interim Town Manager Town Secretary Community Development Director Town Attorney Planning and Zoning Coordinator Acting Fire Chief Acting Police Chief 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. 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." Council member Williams led the pledges. Town Council convened into Public Hearing at 7:05 P.M. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING B. 1 Public Hearing: Consider: A zone change request for an approximate 1.751 acre tract of land located generally to the east of the Municipal Utility District Wastewater Treatment Plant Facility and south of the Town's northeastern city limit, and being part of the Mary Medlin Survey, A-832 from its current zoning of R-12 - Single Family Residential to CR Commercial Recreation. Applicant: Beck Properties. (ZCA.06.008) Kerin Fleck advised the Council that the property is currently zoned R-12 Single Family Residential and abuts the Treatment Plant on the plant's eastern boundary and that the Planning & Zoning Commission recommended approval at a public hearing conducted on March 2,2006. There was no public input. Town Council convened into Regular Session at 7:07 P.M. TOWN COUNCIL CLOSED THE PUBLIC HEARING AND RECONVENED INTO REGULAR SESSION *REGULAR SESSION .2 Discuss and take appropriate action relative to a zone change request for an approximate 1.751 acre tract of land located generally to the east of the Municipal Utility District Wastewater Treatment Plant Facility and south of the Town's northeastern city limit, and being part of the Mary Medlin Survey, A-832 from its current zoning of R-12 - Single Family Residential to CR Commercial Recreation. Applicant: Beck Properties. (ZCA.06.008) A. Agenda Item B. 1 ' Council member Edstrom made a motion to approve. Council member Williams seconded; motion carried unanimously without any discussion. C.l 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: Election Update A candidate's drawing for a place on the May 13" Ballot will be held on Wednesday, March 22nd at 10:OO A.M. Community Development: Ribbon Cutting A ribbon cutting ceremony will be held for the Svore Municipal Building Addition on Monday, April 3rd at 5:00 pm - ~ - prior to the Council Meeting. Citizens are encouraged to join us and stay for an open house with refreshments following the ceremony. Finance: Budget Workshops have been scheduled for the following: Tuesday, March 28th, 6:00 - 8:00 Revenues Administration Legal Information Services Court Tuesday, April 1 lth, 5:00 - 7:00 Community Development Storm Sewer Planning and Zoning Tuesday, April 25th, 6:00 - 8:00 Parks and Recreation Marshall Creek EDCs Tuesday, May 9th, 5:00 - 7:00 DPS Information System: The Year in Review is now available on the Town's website and has been submitted to the printer. Parks and Recreation: Park Board voted to form a sub-committee to study Marshall Creek Park operations. EDC 4B indicated that they would be a funding mechanism for a Town Survey, upon approval from Town Council. Planning & Zoning Zoning Submissions DR Horton: The Planning & Zoning Commission will meet in a workshop session, March 22,2006. Police and Fire Services Police Services The Police Department is presenting a program on Internet Safety at Medlin Middle School in conjunction with the Medlin PTO. The program is scheduled for March 21st at 7:00 PM and will consist of concurrent presentations designed to address both parents and students as separate groups. For more information see the Police Department web pages. New crime updates are available on the Police Department web pages. Mayor Pro Tem Cates questioned if we were covering too much in the meeting scheduled for March 28Ih. Roger Unger advised that the schedule can be adjusted if necessary, however, some of these departments have very small budgets. C.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 Windebank, 22 Hideaway Court- - Requested that Council revisit the issue of overnight parking. Sunny Patton, 212 Oakrnont Drive - Resident of over 20 years, expressed her support for Roger Unger as Town Manager. Norman Patton, 212 Oakmont Drive -Resident of over 25 years, expressed his support for Roger Unger as Town Manager. Fred Allen, 1022 Trophy Club Drive - Expressed his opinion that Council hire externally for the Town Manager position. Sandra Parker, 1038 Trophy Club Drive - Spoke in support of the Traffic Calming Measures. C.3 Discuss and take appropriate action regarding revisions to the Town's Personnel Manual. Lisa Ramsey asked that Council allow the Town Manager and Human Resources Manager the ability to make administrative amendments to the policies, which do not have a financial impact. Council member Williams questioned if the employees will need to sign an acknowledgment form and Council member Edstrom questioned if there will be employee meetings explaining and reviewing the policies. Lisa Ramsey advised that there will be an acknowledgment form that the employees will need to sign upon the completion of departmental meetings; scheduled for the purpose of going through the manual and its revisions. Mayor Sanders pointed out three items to be clarified. The first is the definition of Assistant to the Town Manager, under section 101.03 Administration. The second, also under section 101.03 for Town Attorney, requested that a job description and reporting structure be added. Lastly, under 101.05 Personnel Manual, Mayor Sanders confirmed that the exception that employees will be given 5 days written notice of any change is a new policy, which is not in the current policy. Council member Edstrom moved to approve the HR Policies, and provide direction to the staff to make any modification prior to distributing to the employees. Council member Williams seconded. Roger Unger asked that the Council clarify the motion to be the ability to make modifications extending throughout the life of the policy, given changes to personnel law and the necessity to redefine processes due to the change of positions, with Council being notified on all major changes. Council member Edstrom advised that she does not feel it necessary to be updated on administrative changes, but would like to be informed of changes made regarding the interaction of employees. Mayor Pro Tem Cates disagreed, stating that she would like to be notified of all changes. Council member Williams and Mayor Sanders both agreed, and requested to be notified of any changes. Motion passed unanimously without further discussion. C.4 Receive an update, have discussion and provide input regarding process to fill the position for the Director of Police and Fire Services Division - Department of Public Safety. Roger Unger asked the Council for input and direction on whether to continue with a Director of Police and Fire Services, or if they were considering separating into two positions. Roger advised that there would be an increase to go back to two positions and that members of the Police and Fire Departments preference would be to go back to a Police Chief and Fire Chief. Roger also stated that he has not had the opportunity to discuss this position with the MUDs yet. Mayor Sanders referenced the financial figures that were provided and clarified that the increase would be a result of adding administrative support for the Chiefs. Mayor Pro Tem Cates understood that the cost increased when the Director of Police and Fire Services was implemented. Roger Unger explained that going with a Director of Police and Fire Services actually decreased the cost, as it eliminates the administrative positions and was originally implemented as a cost savings action. Roger Unger spoke to the Mayor's concern on implementation with the current budget, advising that we would need approval from the MUDs. Council member Edstrom made the motion to pursue the option of hiring a separate Police Chief and Fire Chief. Mayor Pro Tem Cates seconded. Council member Williams questioned the interest of the current Acting Police Chief and Fire Chief should the positions become available. Council member Edstrom spoke to the posting requirements, as per the revised policies and spoke in favor of first, posting the openings internally. Council member Williams recollected from the last interview process for the Director's position and the difficulty of finding an applicant with both Police and Fire Chief experience. Council member Edstrom also in favor of going back to a Police and Fire Chief and commented that the Town would probably be alright in the next budget year, even with the addition of two administrative positions, due to the training costs that were paid for the former Director. ~o~er'un~er suggested that the Council receive comments from the two Acting Chiefs who were also present Acting Police Chief. Jim Hurley spoke that he would like to see Council go the route to separate into two positions and that his staff would agree. Council member Williams requested that staff post internally for the positions of Police and Fire Chiefs, due to the interest and quality of the two currently serving in the capacity of Acting Chiefs and advised that he looked forward to having them as our Chiefs. Council member Edstrom added that both have a vote of confidence from the people that serve under them as well. Mayor Pro Tem Cates spoke to the specialty involved in both Police and Fire and 'believes that in order to focus on these specialties, we should have a separ!tte Police and Fire Chief. Council member Foley thanked the Acting Chiefs for attending the meeting, as their opinions saved both time and money. The mover amended the motion, directing the Town Manager to post the jobs for Police Chief and Fire Chief internally, and according the requirements of the Personnel Polices that were submitted to Council for review and then report back to Council; the second agreed. Bob Radder, 1 Lee Court - Spoke in favor of separating the two positions and posting internally. Motion passed unanimously without further discussion. C.5 Discuss and take appropriate action to approve Minutes dated February 20,2006. Council member Edstrom made a motion to approve. Council member Williams seconded. Council member Williams questioned why the minutes were not on the consent agenda. Council member Foley explained that due to her absence from the meeting, she could not vote. Motion passed 3-0-lwith Mayor Pro Tem Cates, Council member Williams and Edstrom voting in favor and Council member Foley abstaining. C.6 Discuss and take appropriate action to approve Minutes dated March 6,2006. Council member Williams made a motion to approve. Mayor Pro Tem Cates seconded. Motion passed 3-0-lwith Mayor Pro Tem Cates, Council member Williams and Edstrom voting in favor and Council member Foley abstaining. 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. Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage ordinance. (April 20th, 2006) Discussion and appropriate action for the Purchasing Policies (April 3, 2006) Discussion and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of a drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Unitization Agreement with Encana for lease of mineral interest under Harmony Park (April 3,2006) Interlocal funding agreement between Town and MUDS for the building addition and maintenance building utilized by Parks and Recreation and the Water Department (April 3,2006) Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase 11. Mayor Sanders mentioned that Roger Unger has already directed Jim Hurley to review the section for overnight parking in Ordinance 2001-05 and to then report back to Council with suggestions and options. (April 3,2006) C.8 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. This item is for informational purposes, no discussion. 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. Mayor Sanders removed C.10 from the Consent agenda. C.9 Consent Agenda: Discuss and take appropriate action on the approval of a use policy for the Public Services Conference Room. Council member Foley made a motion to approve (2.9. Council member Edstrom seconded the motion, with a quick question. Council member Edstrom agreed with section 8A, that no beverage should be served, but questioned how we would police a beverage being consumed, as we cannot object to someone coming in with a Starbucks coffee or bottle of water and suggested that this section possibly be tweaked. Mayor Sanders clarified that this is the same policy as used for the Council Chambers. Beth Ann Gregory responded that the substance of the policy is the same with the only change to the party responsible for the approval to the room. Motion passed unanimously without further discussion. C.10 Consent agenda: Discuss and take appropriate action to approve financials dated February 2006. Council member Williams expressed concern over the significant increase in the Insurance line item under Administration, budgeted at $40,000, but paid to date of $56,700. Mr. Unger responded that, as Council had previously been informed, was a result of the Insurance Company not billing the Town for any deductibles for the past five years. Mr. Unger responded to Council member Williams question regarding the Audit line item, that the final cost to the Town would be approximately $25,000. Mayor Sanders suggested that the financials be removed from the Consent agenda for future meetings, allowing questions to be asked. Mayor Sanders asked Roger Unger to speak to his questions previously addressed. Roger Unger advised: The Water expense line for Harmony Park, already in access of budget, is a result of the dry fall and that this budget was built with the park water coming from affluent, which the Parks and Recreation Director, Adam Adams is currently working with the MUDS. The Fire Department, Miscellaneous Revenue line item is substantially above budget, which is due to an insurance settlement of $5,800 dollars for damage done to the building. Additionally, the Tarrant County Mutual Aide numbers are much higher, proving the need to set Tarrant County up as a separate line item. The Fire Sprinkler inspections were brought in house this year, previously when outsourced the payments went directly to the entity conducting the inspections. The monthly payment form Marshall Creek Park to the Town for Emergency and Administrative Services, funds will only be transferred if enough revenue is generated. Mayor Sanders asked if we tried negotiating with the Insurance Company to get a break on the bill due to their error. Mr. Unger advised that he did make a phone call to the company. Council member Edstrom questioned the contract language regarding billing. Patricia Adams advised that although she has not reviewed the contract, she believes that the language is that we would have to pay. Mayor Sanders requested that Roger Unger communicate to the Insurance Company that he is upset with their billing policy and would welcome an opportunity to discuss this issue with them and whether the Town should pay or not. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.l 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) Discussion regarding interviews for Town Manager candidates. Town Council convened into Executive Session at 8:27 P.M. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION E.2 Discuss and take appropriate action relative to appointment of Town Manager. Town Council reconvened into Regular Session at 8:57 P.M. Council member Edstrom made a motion directing the Town Secretary to conduct background and reference checks on two finalists; Roger Unger and Brandon Emmons. Council member Williams seconded; motion passed unanimously, without further discussion. F.l Adjourn. Council member Foley moved to adjourn at 859. Council member Edstrom seconded; motion carried unanimously. * 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 oh- /' ~bdisecretar~, Town of Trophy Club ( Mayor, Town of Trophy Club