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Minutes TC 10/10/2006 - Special SessionMINUTES OF A SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB Tuesday, October lom, 2006 7:00 P.M. STATE OF TEXAS 5 COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Tuesday, October 10, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Gregory Lamont Council Member Philip Sterling Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Roger Unger Lisa Ramsey Patricia Adams Danny Thomas Carol Borges Town Manager Finance DirectorIAssistant Town Manager Town Secretary Town Attorney Fire Chief MUD 2 Director A.l Mayor Sanders called the Special Session to order at 7:03 p.m. noting a quorum was present. A.2 Mayor Sanders gave the Invocation. A.3 Council member Lamont led the Pledges. Mayor Sanders suggested that the Executive Session was unnecessary. There were no objections from either the Council members or the Town Manager. The Town Council did not enter into Executive Session and proceeded to Item B.2. EXECUTIVE SESSION B.l Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Town will enter into executive session relative to: (A) Consultation with Town Attorney 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 Open Meetings Act (551.071 [b]). (1) Extraterritorial jurisdiction, official boundary map, consent or denial of annexation and legal action regarding Town boundaries and water supply. \ TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. *REGULAR SESSION 'I B.2 Discuss and take appropriate action to adopt an Ordinance designating the Extraterritorial Jurisdiction of the Town and adopting an official map of the Town showing the Town's boundaries and extraterritorial jurisdiction. Town Manager Emmons explained that staff looked at the existing Town boundaries and confirmed that the ETJ recommended for approval does not conflict with Flower Mound or Southlake. Emmons suggested that the ETJ start at a one half-mile radius, as this is what Westlake previously relinquished to the Town. Mayor Sanders provided that several weeks ago Municipal Utility District 2 received a request from a developer for a piece of land that was not in any of the surrounding cities; however the ETJ was in Denton County. Mayor Sanders added that the Town never took formal action designating the ETJ after it was relinquished by Westlake. Motion made by Williams, seconded by Lamont adopting an Ordinance designating the Extraterritorial Jurisdiction of the Town and adopting an official map of the Town showing the Town's boundaries and extraterritorial jurisdiction. Town Attorney Adams clarified that the law allows up to a one-mile radius, to be respectful of other boundaries; the staff is recommended only a one half-mile radius. Town Manager Emmons added that the boundaries belong to the Corp of Engineers. The Town could not enforce land use, however the Town's subdivision controls, in terms of infra structure would apply to the people in this ETJ. Mayor Pro Tem Williams asked about annexing into the Town. Emmons answered that this could be accomplished; that it would take up to 90 days, as Public Hearings would need to be held. MUD 2 is able to annex quicker as they are not subject to Public Hearings. ) Mayor Pro Tem Williams believes that it makes since to annex this piece of land into Trophy Club and requested that staff pursue annexation. Town Manager Emmons explained that MUD 2 is not allowed to provide services outside of their ETJ without annexation of the controlling body. Emmons referred to page 11 of the packet, stating that under the Water Code MLlD 2 needs formal consent, in writing in order to provide services to residents in this ETJ. Council member Lamont thanked Carol Borges, MUD 2 Director for extending their meeting last week to allow the Town time to get all of the facts. Motion passed unanimously to approve Ordinance Number 2006-42, without further discussion. 6.3 Discuss and take all appropriate action regarding the approval or denial of consent to the proposed annexation of land into MUD 2, described as 12.2346 acres of Medlin Survey, A-832, as requested by Southwest TOA, LLC. Town Manager Emmons explained that this Resolution is the Town's formal consent to the annexation of land into MUD 2. Motion made by Lamont, seconded by Cates to approve a Resolution consenting to annexation of land into MUD 2, described as 12.2346 acres of Medlin Survey, A-832, as requested by Southwest TOA, LLC. Mayor Pro Tem Williams questioned if the land had been platted. Mayor Sanders confirmed that it has not been platted and Shelia McQueen is the property owner. Town Manager Emmons added that since the property in question is not officially declared as the Town's ETJ, it has not been submitted to the Town for platting. The developer should be bringing it in to the Town in next couple of days. Motion passed unanimously to approve Resolution Number 2006-20 without further discussion. D.l Adjourn. Motion made by Lamont, seconded by Sterling to adjourn. Meeting adjourned at 7:24 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 Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas