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Minutes TC 05/22/2006MINUTES OF-REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 22,2006 7:00 P.M. STATE OF TEXAS 3 COUNTY OF DENTON 0 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May 22,2006. 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 Gregory Lamont Mayor Mayor Pro Tem Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Beverly Foley Council Member Philip Sterling Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Patricia Adams Beth Ann Gregory Adam Adams Tom Shehan Danny Thomas Mike Pastor Interim Town Manager Town Secretary Town Attorney Community Development Director Parks and Recreation Director Interim Police Chief Acting Fire Chief IS Manager I A. 1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting aquorum was present. A.2 Interim Town Manager, Roger Unger gave the invocation. A.3 Council member Edstrom led the pledges. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION B.l Discuss and take appropriate action regarding the adoption of the Town of Trophy Club Procurement Policies and Procedures. Motion made by Council member Edstrom, seconded by Council member Williams to approve the Procurement Policies. Motion passed unanimously without any discussion. / B.2 Discuss and take appropriate action to approve Minutes dated, April 17,2006. Motion made by Council member Williams, seconded by Mayor Pro Tem Cates to approve Minutes dated, April 17, 2006. Motion passed unanimously without any discussion. B.3 Discuss and take appropriate action to approve Minutes dated, May 1,2006. Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to approve the Minutes dated, May 1,2006. Mayor Sanders requested that Item D.l be changed; striking 'motion passed unanimously' and 'the suggested changes by the Town Attorney' be inserted after 'both the mover and second agreed.' No objections were heard from the Council. The motion with the corrections noted by Mayor Sanders passed unanimously. B.4 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results of the General and Special Elections held on May 13,2006. Motion made by Council member Williams, seconded by Council member Edstrom to approve the Ordinance. Mayor Sanders stated that Susan Edstrom, Pam Cates and Philip Sterling were the elected to serve the two-year terms and Greg Lamont for the one-year unexpired term. Council member Williams expressed his disappointment in the low voter turnout and requested that staff obtain the number of registered voters on the suspended list in order to determine the actual percentage that voted. Motion passed unanimously without further discussion. Mayor Sanders thanked the election workers and recognized; Election Judge, Annette Slusar, Alternate Judge, Judy Williams and Election Clerks, Kerry Bates, Karen Karlis, Barb Tweedy, Joan Smeraldi, Jean Pratt and Anne Shanahan. B.5 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of'certificate of Election to the Incoming Council Members. Honorable Mark Chambers congratulated each candidate and administered the Oath of Office and Statement of Elected Official to Council Elects; Susan Edstrom, Pam Cates and Greg Lamont. All three were presented with a Certificate of Election. B.6 Opening remarks by Mayor Sanders to outgoing Council members and incoming Council members and comments from outgoing Council members. Mayor Sanders acknowledged Council member Beverley Foley, who was unable to attend, and thanked her for the two terms she served on Town Council. Mayor Sanders recognized the 17 candidates who ran for office, both Town Council and the Municipal Utility Districts, and requested that they stay interested. Mayor Sanders remarked that it is evident from the political atmosphere in Town that the residents, who ran for office, and those who supported them, care deeply about the quality of life and those things that affect that quality. Sanders cautioned the Council members that to assume that others do not care as much as the other about doing what is right for the Town is a grave mistake. Although it is easy to become emotionally involved about issues, we need to remember our common courtesies as not to risk losing our ethical resolve. Sanders stated that we will each be judged by how we respond to the challenges that face our Town now that the election is over, and that respectful deliberation is possible even with our differing views. Mayor Sanders congratulated the elected Council members and challenged them to work together with staff and citizens to build community and resolve conflict. Council member Edstrom appreciated the remarks made by Mayor Sanders and thanked her family for their support. Council member Cates commented to the changes on the Council and staff and said that thinking outside the box will make Trophy Club successful. Cates thanked her family, the citizens, voters and her campaign staff. Council member Lamont thanked the citizens who voted for him, his family and the Mayor for his opening remarks. B.7 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 reported the following: Administration: ASA Donations Needed Money is needed to ship the priority boxes at a flat rate of $8.10 per box with no weight limit. Checks may be made out to the US Postal Service. The Trophy Club Times is doing an article over Memorial Day weekend and would like the names of any residents who have been awarded a Purple Heart. Please contact Lisa Ramsey, if you know of anyone. Community Development: Streets & Infrastructure We will be closing a section of Avenue Twenty later this week to reconstruct areas of failing pavement. 3 Clean Event The 3 Clean Event on the 13th was a success. Seventy-eight residents utilized the Crud Mobile to dispose of hazardous waste. Although numbers are not available, the bulk trash and electronics disposal were also heavily utilized. Water Conservation Ordinance The Fort Worth City Council is requiring their wholesale water customers including Trophy Club to adopt new water conservation requirements. These new restrictions become effective on June 1, 2006 and prohibit outside watering between the hours of 10 a.m. and 6 p.m. daily. The only exceptions to this prohibition are soaker hoses and hand watering. Additionally, there will be penalties for wasting water due to broken sprinkler heads, inappropriately maintained irrigation systems, or misalignment of sprinkler heads causing a substantial amount of water to fall upon impervious areas such as streets and sidewalks. There will also be penalties for knowingly allowing irrigation systems to operate during rain events. Finance: Budget Workshop We have tentatively scheduled, Saturday, June 3rd for a budget workshop. Preliminarv Evaluations As of today the Town's preliminary evaluations is approximately 688 million compared with our final certification last year of 614 million. This equates up to slightly over an 11% increase year to year. With protest starting next week, we anticipate a drop of 20 - 30 million. Parks and Recreation: Pool Opening The Community Pool will open this Saturday, May 27" at noon. Medians Flowers will be planted next week on the Indian Creek Medians. Maintenance Facility Adjacent to the Wastewater treatment plant will begin operations later this week. Planning & Zoning: PD-13 Tract 4B Signage Amendment - The owner of the Executive Suites has requested an amendment to their signage requirements. They are requesting a directory sign that will be interior lit and will have individual panels for some of the tenants. This item will be brought to the Town Council on June 5", 2006. Trophv Club Countrv Club Final Plat The Plat is undergoing the second round of revisions by the applicant. Additional survey work to tie down easements has taken longer than anticipated. This item is on hold with the Planning & Zoning Commission until the revisions can be reviewed. Police and Fire Services: The Pancake Breakfast on Election Day was a great success. Trophy Club DPS placed 1'' in the Summer Santa Children's program - Miniature Golf The 'Vial for Life Program' has been kicked off. Please contact the Fire Department for information. Roger Unger took the liberty to thank the staff for their support during his Interim role as Town Manager and acknowledged several staff members for their hard work during the past couple of months. Unger asked that the staff and residents welcome and support Brandon Emmons in his efforts to help make the Town a great place to call home. Mayor Sanders thanked Roger Unger for a job well done and complemented him for his ethics, dedication professionalism and hard work. Mayor Pro Tem Cates advised that the latest ASA shipment, packed by Lakeview Elementary and Medlin Middle school, would be going out this week, and that money donations were being accepted to send the boxes. Checks may be payable to the US Postal Service. Council member Edstrom added that students who attended the Medlin Pool Party donated items for the packages. Edstrom, praised the 6', 7' and 8' graders for their involvement as everyone brought in something; some even wrote notes on the cans of food for the soldiers. Mayor Sanders inquired about the watering ration and amount of time it takes to water the medians. Adam Adams responded that medians are watered from lOpm - 5 am. Mayor Sanders asked that residents report any broken sprinkler heads they see in the medians to the Town so that we can fix them and comply with the restrictions. Roger Unger stated that the Country Club uses effluent water from the Trophy Club wastewater treatment plant to irrigate their golf course so these water restrictions do not apply to them. Roger Unger introduced Tom Shehan, Interim Police Chief. Mr. Shehan is a retired Police Chief form the DFW Airport where he worked for 32yrs. D.l Council to tour Department of Public Safety Building, return to Council Chambers, and discuss and take appropriate action with respect to the condition of the DPS building and possible repair andlor replacement of the building. The Town Council toured the DPS building to see the water damages first hand. Interim Chief Shehan mentioned that the building has a 10-year life span, the building is approximately 12 to 13 years old and the air conditioners are having the same problem. Based on preliminary figures that he and Captain Thomas have put together, to repair the existing roof without any peripheral repairs, repairs to the air conditioner units or building leveling, would cost approximately $30,000 for a flat roof and $50,000 for a slanted roof. Mayor Pro Tem Cates questioned what was replaced last year. Captain Thomas responded that the roof was seamed and that the whole membrane was not replaced. Roger Unger advised that to date, approximately $9,000 has been spent. Captain Thomas confirmed the total of $8,800; which was leftover from last year's bid and couple hundred here and there for repairs from the rain damage. Interim Chief Shehan spoke to cost of different roofs, ranging from $30,000 to $50,000, the cost of adding air conditioning units, ranging from $75,000 to $95,000 and the cost to level the building, ranging from $83,000 to $103,000. A temporary facility would cost approximately $4,500 per month, which would be approximately $144,000 and then we would need to consider the animal shelter. Roger Unger advised that staff is seeking thoughts from the Council; we could continue to spot repair or we could start the bid process. Mayor Pro Tem Cates questioned the temporary use of the vacant retail space. Captain Thomas responded that the cost to rent 6,200 square feet of retail space would be $18,000 per month. Council member Edstrom asked if we have thought about something more permanent that the Administrative staff could move into as staff is added, and for when DPS vacated to move into their new building expected in three to five years. Council member Lamont agreed with Edstrom and is not supportive of the temporary fixes. Council member Williams commented that the cost is going to be large however you look at it and that portable buildings would need to be used in the interim. Mayor Sanders advised that expansion was considered when the new building was built. Council member Williams requested that staff provided concrete numbers for temporary facilities and a new building. , Roger Unger stated that he would like to get Mr. Emmons' point of view on this issue as he may have some new ideas that have not been thought of. Council member Williams suggested that we seek sound engineering advice so that the interim solutions can be done right. Roger Unger responded that tonight was just a recognition of need and that will get a firm estimate on a pitched roof and will bring back to Council at the next meeting. Mayor Sanders asked about a pitched roof once the building is leveled. Interim Chief Shehan responded that a pitched roof would cost approximately$133,000. Scott Atwater - 10'4 Rolling Rock - Expressed concern that this 10 year old building is falling apart and questioned if we should be investing anymore money on repairs. No action taken. D.2 Council to receive and discuss an update regarding the 4th of July celebration and to provide direction regarding the same. Adam Adams advised that resident involvement has trickled down from nine to three volunteers. Adams advised that the MUDS tabled his request for money until June 7~, as they would like to see what the Council does first. Adams would like the Council to consider adding future 4th of July festivities to the Town Budget. Council member Edstrom questioned how the parade route got changed back to Baptist Church/Village Trail/Durango/Parkview/pool. Adams responded that the Committee felt that the new route was too long. Council member Edstrom is not in support of this route and advised that both the citizens and participants did not like that route due to the lack of shade. Council member Williams agreed that the heat during the day is brutal and that this route goes down side streets and it should go down Trophy Club Drive. Mayor Sanders prefers for the parade to start at the Clock Tower. Adam Adams added that Church of Christ would be hosting a pancake breakfast and possibly hotdogs for lunch. Mayor Sanders advised that a lot of civic organizations cook their food and asked if the police or fire department or possible the Chamber would like to do something like that. Mayor Pro Tem Cates advised that Roanoke usually has their festivities the day before. Adam Adams responded that there is $8,500 left over from last year and the fireworks cost about $14,300. Council member Williams recollected that we use to sell hotdogs at the Baptist Church and suggested that we sell hotdogs at the pool after the parade. Mayor Sanders asked about fund raising events. Roger Unger advised that they are seeking funds from some larger entities in Trophy Club and anticipates that they will come through. Unger also believes that the MUDS will fund the shortfall. Council member Edstrom suggested that the residents call their Municipal Utility Board of Directors and ask why they are not funding this function. Mayor Pro Tern Cates questioned if we have asked for sponsors. Adams feels that the committee should be the ones seeking sponsors as opposed to staff. Council member Williams questioned the involvement of the P & R Board and feels they that they should be intimately involved in planning events for the town. Adam Adams informed that he does have a couple of people recruited for the carnival/booths and games. Linda Atwater, 104 Rolling Rock - Volunteered to serve on the 4" of the July Committee and suggested sack racing and water balloon tossing for events. . , D.3 Discuss and provide direction to the Town Manager to pursue a cooperative agreement with the Towns of Westlake and Roanoke to jointly participate in an engineering study to evaluate the feasibility of contracting with an additional wholesale water supplier. Roger Unger requested that the Council direct staff to pursue a resolution and contract authorizing the Town Manager to enter into a contract with the Engineering Firm of Biggs & Mathews, Inc. to perform feasibility study to provide a second water supply for the Town. Unger anticipates that this study will determine compatibility of the water. Motion made by Council member Williams, seconded by Council member Edstrom directing the Town Manager to come back with a firm proposal. Roger Unger informed that Westlake has approved this, however Roanoke is not committed at this time. Unger explained that this is a fixed cost and each additional participant increases the cost by $8,000. Council member Lamont questioned the MUDS stance on this. Roger Unger stated the underdeveloped land is outside of the MUDs, so they are not interested in the study; however they will be involved in the final decision. Mayor Sanders clarified that the Town actually owns the Certificate of Convenience and Necessity, meaning that the Town owns the rights to sell water to it's citizens, so it's the Town who provides that CCN to the MUDs. The Council needs to look to the future in regards to water; as there are concerns about where the water will come from as Fort Worth expands. The Town owes it to citizens to look to the future for their water decisions Council member Lamont thinks that competition is a good thing. Mayor Pro Tem Cates added that Fort Worth has a very old infrastructure that compromises the water pressure. Council member Edstrom stated this is something that we need to do and would like to see the Council do more of this forward thinking planning. Mayor Sanders asked how this would be budgeted. Roger Unger recommends that we pay for this out of the Contingency Funds, which is currently at approximately$16,000. Mayor Pro Tem Cates questioned if we could discuss reimbursement of this study from the MUDS should they buy into it at the end of the study. Roger Unger commented that there are several things that need to be discussed with the MUDS and this is just one of them; it's time to formulate a negotiating committee between Council and the MUDs. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding an Ordinance adopting a Water Conservation Plan promulgated by the City of Fort Worth as the water supplier for the Town. Motion made by Council member Edstrom, seconded by Council member Lamont to approve the Ordinance. Council member Edstrom questioned how it would be advertised. Roger Unger responded that we will include in a listserv, add to the website, post to the marquee and send out as a press release. Unger advised that the Town would enforce this and that it will fall under Code Enforcement issues. Council member Lamont suggested changing 3.4 to include new residential construction. Council member Williams questioned the 'Whereas' clause that reducing our per capita usage. Patricia Adams suggested that they strike that whereas clause and still approve tonight. Council member Williams amended the motion to strike the 4' clause, Mayor Pro Tem Cates seconded. Motion to strike the 4' Whereas clause passed unanimously. Scott Atwater - 104 Rolling Rock questioned if we can supply all the new homes with reclaimed water and then move all current residents off of the city's watering system to reclaimed water. Roger Unger responded that we have looked into this and currently there does not seem to be a practical way to do it, but that we are still working with the School and the Parks. Council member Edstrom requested that staff look into possibly incentives for residents who plant things that do not require water. Motion to approve Ordinance, as amended, passed unanimously without further discussion. D.5 Discuss and take action regarding a resolution to suspend the May 30, 2006, effective date of the proposal by Atmos Energy Corp. to implement Interim Grip Rate Adjustments for Gas Utility Investment in 2005 and authorizing participation with the Gas Standing Steering Committee. Town Attorney, Patricia Adams advised that this is to suspend the increased surcharge. Motion made by Council member Edstrom, seconded by Council member Williams to approve a resolution suspending the May 30, 2006, effective date of the proposal by Atmos Energy Corp. to implement Interim Grip Rate Adjustments for Gas Utility Investment in 2005 and authorizing participation with the Gas Standing Steering Committee. Motion passed unanimously without any discussion. D.6 Discuss and take appropriate action to authorize the purchase of a new Quint Fire Truck. Acting Fire Chief Thomas gave a presentation Roger Unger commented that the MUDS tabled this indefinitely. Unger continued that the purchase of this Quint would only improve the IS0 rating which we are going to have a hard time maintaining with the current truck. Mayor Sanders contributedithat at the Mayor's Round Table, which is sponsored by the Chamber, Roanoke, Westlake and Trophy Club, discussions have begun about a regional Fire department, placement of facilities and apparatus and staffing. Sanders is interested in an economic benefit from going together and that we need to also look long-term. Council member Williams commented that the MUDS are supposed to fund the Fire Department, so what happens to the relationship if the Town pays agrees to fund this. Roger Unger suggested asking the MUDS to share the payment. Unger stated that it is imperative that a decision be made, as this truck needs to be moved out of the first line. Mayor Pro Tem Cates suggested inviting the MUDS to come to the next meeting to justify why they will not fund this truck. Mayor Sanders stated that the purpose of the meeting between the Town and the MUDS, should be in the best interest of the residents and is to decide what and how is the best way to provide water. Council member Edstrom requested that that the Town Manager let the MUDS know that Council is in favor of getting a new truck Scott Atwater - 104 Rolling Rock clarified that the Pierce truck and ladder is aluminum and verified that other vendors had been checked. D.7 Discuss and take appropriate action to approve financials dated April 2006. Roger Unger commented that Engineering is over budget, $20,000 is due to the Strom Drain and the Horton project that are being reimbursed. Auditing, Vehicle Maintenance, Electricity and Water, Property Maintenance and Paper/Copy and Supply is over as an annual maintenance invoice came in that we had not budgeted for. Revenues are at 67% of the Budget, actual overall through April, for the expenditure side is 57.37% of the budget and should be at 58%; additional revenues through P&Z, Franchise, Property Taxes are where they should be, we are ahead on Court Fees; the one area that will be under budget will be permits, we anticipated Eagles Ridge Phase I1 and the Hospital, but it did not come through. Council member Williams questioned the delay on Eagles Ridge I1 and asked if the Town pro-actively trying to get this done. Roger Unger responded that is progressing a lot slower than anticipated and that the delay is a result of the developer not being up to par. Motion made by Council member Edstrom, seconded by Council member Williams to approve financials dated April 2006. Mayor Sanders questioned what line item Mr. Shehan's salary was taken from. Roger Unger clarified that it is under the Police Salary line. Motion passed unanimously without further discussion. D.8 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 Retiaining 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. Codification of Ordinance. (June 5,2006) Add: Discuss and take appropriate action regarding an amendment to the Traffic Ordinance to include a new U-Turn. (June 5, 2006) Discuss and take appropriate action regarding the creation of a committee to review the Charter. Discuss and take appropriate action regarding a Police Facility, D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. Council member Williams and the Mayor commented that this format is very easy to read. 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. Motion made be Council member Lamont, seconded by Mayor Pro Tem Cates to remove D.ll. Motion passed unanimously. Item D.ll was removed from Consent. Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to approve the Consent Agenda, Items D.10 and D.12. Motion passed unanimously without any discussion. D. 10 Consent Agenda - Discussion and appropriate action to approve Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club. D.ll Consent Agenda - Discuss and take appropriate action regarding a Resolution supporting the NISD School Finance Task Force's Core Beliefs. Council member Lamont questioned school vouchers and if the Town is favor of vouchers as it is a political issue. Council member Edstrom commented that this is a standard Resolution and requested the Council's support. Mayor Sanders added that some things have settled some due to the recent issue passed by Legislation; however, School funding has not been totally satisfied. Motion made by Council member Lamont, seconded by Council member Williams to strike the 7" Wheras clause. Motion passed 3; 1, with Council member Edstrom voting against. Council member Lamont suggested the removal of the word 'all' from section 1. The vote in favor of amendment to remove the word 'all' from section 1, passed 3:1, with Council member Edstrom voting against. Motion made by Council member Edstrom, seconded by Mayor Pro Tem Cates to refer item until the June 5, 2006 meeting so that a representative from NISD could be present to speak to the Resolution. Council member Williams stated that the Town has had no input to the Legislation and has no business in this. Motion to refer until the June 5" meeting tied 2; 2, with Mayor Pro Tem Cates and Council member Edstrom voting for and Council members Lamont and Williams voting against. Motion to refer failed 3:2, with Mayor Sanders and Council members Lamont and Williams voting against and Mayor Pro Tem Cates and Council member Edstrom for. Mayor Sanders stated that the School is asking for Municipal support and that this is a political issue. Motion made by Council member Williams, seconded by Council member Edstrom calling for previous question. Motion to close debate passed unanimously. Motion to approve the Resolution failed 0:4 without further discussion. D.12 Consent Agenda - Discussion and appropriate action to approve the newly revised Denton County Mutual Aid agreement. F.l Adjourn. Motion made by Council member Edstrom, seconded by Council member Williams to adjourn. Meeting was adjourned at 10: 17 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 ~isy~amse~, Town Secretary Nick Sanders, Mayor Town of Trophy Club Town of Trophy Club