Loading...
Minutes TC 10/02/006MINUTES OF WORK SESSlONlPllBLlC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 2,2006 6:30 P.M. STATE OF TEXAS 8 COUNTY OF DENTON 8 The Town Council of the Town of Trophy Club, Texas, met in a Work SessionlPublic Hearing and Regular Session on Monday, October 2, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Roger Williams Pam Cates Susan Edstrom Gregory Lamont Mayor Mayor Pro Tem Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Council Member arrived at 8:16 P.M. STAFF AND GUEST(S) PRESENT: Brandon Emmons Roger Unger Lisa Ramsey Patricia Adams Beth Ann Gregory Adam Adams Scott Kniffen Danny Thomas Mike Pastor Kerin Fleck Gene Hill Pauline Twomey Steve Gregory Steven Kohs David Glaser Town Manager Finance DirectorIAssistant Town Manager Town Secretary Town Attorney Community Development Director Parks and Recreation Director Police Chief Fire Chief IS Manager Planning Coordinator Planning and Zoning Chairman P & R Board P & R Board P & R Board P & R Board A.l Mayor Sanders called the Regular Session to order at 6:33 p.m. noting a quorum was present. Mayor Sanders moved Item A.2 to precede A.3. A.2 Fire Chief Thomas gave the Invocation. A.3 Work Session: Town Manager Emmons spoke about Items D.l and D.ll. Under D.l all items were presented to the P & Z commission on 8-21. The zoning is already in place, should not be talking about land use, only the submittals that are in the packet. P & Z Chairman Hill provided that the lights on the building will be downcast, the light fixtures are shielded and the signage meets the Town Criteria. The neon tubes will not be seen in the neon lighting as the neon tubes are set back. Hill said that the P & Z and staff feel that all Zoning requirements have been met. Town Manager Emmons noted that the median landscaping options will vary dependent on sequencing. Option A is to be used at a minimum of 0% and a maximum of 33% and that median landscape options may not vary within an individual median. Mayor Pro Tem Williams commented that we were to save money by changing the medians to ground cover which did not occur and voiced concern that we are too restrictive in order to try and save costs when we have no idea of what will work. P & R Director Adams said that using effluent water for the medians would help, as watering was a big cost this past year. A.4 Mayor Sanders led the Pledges. A.5 Citizen presentations. No citizens addressed the Council. A.6 A Proclamation of the Town Council of the Town of Trophy Club recognizing the month of October as Relationship Violence Awareness Month. Mayor Sanders read the Proclamation. Motion made by Edstrom, seconded by Lamont approving the Proclamation. Motion passed unanimously, proclaiming October Relationship Violence Awareness Month. All matters listed as Consent Aqenda 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 andwill be considered separately. Mayor Sanders advised that ltem B.l is scheduled to go before the Master District on October 16'" and confirmed that the money is budgeted under Court Security for the Town. Finance Director Unger responded that the State requires the expenditure of Court monies be approved by the Council. This ltem was removed from the Consent Agenda. Motion made by Lamont, seconded by Cates approving ltem B.l Motion passed unanimously without further discussion B.l Consent Agenda: Discuss and take appropriate action approving court security funds to allow the doors in the annex building to be badge locked. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7: 10 P.M. PUBLIC HEARING C. 1 Public Hearing: Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval for Tract 5, including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures Illustrations, Sign Criteria, and Development Schedule. Applicant: David Johnston, Quanah Hospitality Partners, LP, (SP-06-006). Representative for Quanah, Rick Martin addressed the Council. Mr. Martin spoke to the presentation which projected pictures of the proposed Value Place Hotel, the two security entrances into the Hotel, the stone elevation, the entrances into the Hotel parking lot, the landscape plan, the small monument sign, which piece of flex in front of the neon tubes. Council member Cates questioned that the monument sign is too low for visibility. Council member Edstrom does not see the height as an issue and Mayor Pro Tem Williams commented that most people will have made online reservations. P & Z Chairman Hill advised that the application is consistent with the Ordinance requirements and the P & Z Commission passed this 4:O. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION7:21 P.M. D.l Discuss and take appropriate action regarding an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan approval for Tract 5, including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light Fixtures Illustrations, Sign Criteria, and Development Schedule. Applicant: David Johnston, Quanah Hospitality Partners, LP, (SP-06-006). Motion made by Williams, seconded by Cates to approve. Motion passed 3:l. Greg Lamont voted against. Ordinance 2006-39 approved. D.2 Discuss and take appropriate action relative to: Final Plat for Tract 1, Block 1 of The Trophy Club Country Club, an approximate 289.9 acre tract of land located in the M. Medlin Survey, A-832, J. Eads Survey, A-392, J. Henry Survey, A-528, C. Medlin Survey, A-823, J. Michael Survey, A-821, W. Medlin Survey, A-829, J. Michael Survey, A-820, N. Pea Survey, A-1045. Applicant: Bob Terry, Survcon Inc. Motion made by Lamont, seconded by Edstrom to approve. Town Manager Emmons explained that the applicant is seeking permission to create a "blanket easement". This basically means wherever there is a utility line, there is an automatic easement. The language they have proposed for the blanket easement is an easement twenty-five feet (25') in width created over and across and centered on any public utility lines that may exist on the property except where utility lines are already covered by recorded easements. Any future public utilities constructed across the property will require the dedication of the new easements to cover utilities and such new easements will need to meet the requirements of and be approved by the Town of Trophy Club. P & Z Chairman Hill added that the P & Z Commission passed this 4:O at their September 21'' meeting. Motion passed unanimously, wlo further discussion. D.3 Discuss and take appropriate action regarding an Interlocal Cooperation Agreementipayment Contribution Agreement between the Town of Trophy Club and the Trophy Club Master District for a Joint Storage and Maintenance Building adjacent to the Wastewater Treatment Plant. Town Manager Emmons explained that this building is located at the wastewater treatment plant. The Town Council accepted the bid on this project on January 23rd, 2006, with the oversight being performed by the Water and Wastewater Superintendent. The Town had originally intended to pursue outside financing to pay its portion of the construction costs on this project. The Master District suggested they be allowed to fund the entire cost of this project and the Town would then execute a note with them for repayment of the Town's portion. Subsequently, the concept was changed to the Town renting space from the Master District for $7,000 a year for 20 years. The Master District has approved this agreement. Finance Director Unger added that the original plan for the Town to pay back the MUDs was an annual cost of $7,000. The MUDs have decided on a rental agreement, which is basically a lease to the Town which charges interest. The MLlDs in essence took their cash from TEXPOOL and loaned it to the Town so that they would not loose interest. Mayor Sanders commented that he had requested this verbal agreement be put into writing and therefore is before Council. Motion made by Edstrom, seconded by Williams to approve the lnterlocal Cooperation AgreementIPayment Contribution Agreement between the Town of Trophy Club and the Trophy Club Master District for a Joint Storage and Maintenance Building adjacent to the Wastewater Treatment Plant. Mayor Pro Tem Williams asked if the Town has maintenance responsibilities considering it is a rental agreement and commented that it is a strange agreement. Town Manager Emmons answered that the Town is responsible for 50% of the maintenance for 20 years. Mayor Sanders confirmed that the MLlDs would carry the insurance. Both Council members Cates and Lamont feel that this is a standard agreement. Council member Cates is concerned about the portion of the building that the Town will be able to occupy at the end of the lease Mayor Pro Tem Williams and Council members Cates and Lamont feel that Any further apportionment of the use of the Building shall be as agreed upon by the Town Manager and MUD Manager in 2.01 needs to be removed as it is confusing. Council member Cates thinks that the 10-day reference under the Termination clause is unreasonable. Town Attorney explained that the 10 days is normally used for payment issues. Council member Edstrom believes that the day to day operations should be managed by the Town Manager and the MUD Manager and suggested striking the 2" sentence of 2.0land 2.02. Motion to amend made by Williams, seconded by Cates to delete the second sentence 2.01 C. Amendment passed unanimously. Town Manager Emmons suggested that the Council remove this language from 2.02 B as well. Motion to amend made by Williams, seconded by Cates to delete the second sentence 2.02 B. Council member Edstrom asked for the Attorney's opinion. Town Attorney Adams responded that is all in how the Council would like this managed. Mayor Sanders suggested that the Town Manager and Attorney work on rewording Section 7 and present on the October 16'~ consent Agenda. Council also directed Town Manager Emmons to take the revised agreement to the Master District for approval. Motion made by Edstrom, seconded by Williams to refer to the October ~6'~ meeting. Motion to refer passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding future allocation of Parkland dedication monies. Town Manager Emmons explained the Trophy Club Youth Baseball has requested to use the Park Land Dedication fees for the funding of shade structures over the bleachers at Independence Park. Town staff has identified the need for eventually laying an effluent water line to Harmony Park as another possible use for those funds. Staff is seeking direction for the process Council wishes to use for allocation of these funds. P & R Chairperson, Pauline Twomey called the P & R Board to order at 7:55 P.M. P & R Director Adams asked for Council to consider two shade structures on each field, a total of four. Motion made by Edstrom, seconded by Lamont to approve the allocation of funds for four shade structures. Mayor Pro Tem Williams questioned how much the Sports Association is willing to contribute. P & R Director Adams does not believe the Association's savings is that substantial but may be willing to pick up the short fall. Council member Edstrom asked if the Baseball Association would have a problem if only one side of each field was shaded. Mayor Pro Tem Williams would prefer to spend the money to put in the effluent water line, and we do not have enough money to put up all shade structures. Council member Edstrom added that shade structures for the soccer fields be presented to Town under the Harmony Park improvement project and questioned what Centurion would be able to contribute. Both Mayor Sanders and Town Manager Emmons confirmed that we would not receive cash in lieu of parklands from Centurion. Council member Cates feels it would look ridiculous to cover only one side of the field and to either cover either sides or none at all. Council member Lamont asked if Roanoke could contribute. Council member Edstrom responded that municipalities could not spend in other municipalities. Mayor Sanders feels that it should be both sides as opposed to only one and his preference is that this be left as an administration decision. Council member Edstrom added the decision should be made with the Association's preference. Mayor Pro Tem Williams questioned the longevity. Motion made for the appropriation of four shade structures passed 3:1, with Lamont, Cates and Edstrom voting for and Williams voting against. D.5 Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an annual payment of $60,000 for 10 years with the proceeds of the note funded by this payment being utilized for park improvements, and authorizing the Town Manager to seek financing. Town Manager Emmons stated that EDC-A agreed to front $60,000 plus fund an annual note payment of $60,000 to be used for improvements in our existing park system. All of these funds would be utilized in Harmony Park. Motion made by Edstrom, seconded by Cates authorizing EDC 4A, per EDC 4A's recommendation to use the funds at Harmony Park) to expend $60,000, plus fund an annual payment of $60,000 for 10 years with the proceeds of the note funded by this payment being utilized for park improvements, and authorizing the Town Manager to seek financing. Mayor Pro Tem Williams is opposed to spending this amount on lights and asked if anyone spoke to the residents. Council member Edstrom clarified that it has been amended for lighting at two soccer fields at the cost of $163,000. Council Member Cates asked the P & R Board to comment. Steve Gregory, 205 Pebble Beach Drive - Requested that the Council support what the EDC's have already reviewed. The P & R Board have completed a needs assessment and prioritized the needs with the idea to improve the functionality of the parks and maintain what they currently have. There is always going to be people against new development and improvement, but the Board feels it is important to invest in the Parks to improve the resident's quality of life. Mayor Pro Tem Williams said that just like the Bond for the pool, the Town took out the financing when the EDCs should have and feel that the EDCs should do this as well. Town Manager Emmons provided that the Town would be able to receive better financing. Finance Director Unger added that EDC A was adamant these funds go to Harmony park and would probably not have a problem financing if the Town agrees to co-sign. The mover clarified the motion was for the intent that the funds be used at Harmony Park; the second agreed. Mayor Sanders questioned the amount estimated for next year's budget. P & R Director Adams advised the cost for operation was not included in the budget. Sanders spoke in favor of lighting and this allows EDC 4A to do something effective with the money, and is concerned the electricity for lighting is not in the budget. Sanders commended the P & R Board and staff. Council member Edstrom feels the restroom renovations need to be done. The lighting and shade structure is a necessity and would provide parity on the soccer fields as with the baseball fields. Mayor Pro Tem Williams questioned what impact this has for the Town to qualify for future financing should they finance this. Finance Director Unger does not see a problem. Williams was surprised that EDC 4A was not represented and moved to refer to a future meeting, requesting that staff investigate the cost of financing, provide an option for electricity and to include a recommendation on how to fund and pay for the electricity; Lamont seconded. Council member Edstrom reassured that the improvements will not take place until the monies are budgeted and the EDCs will not ask for the Council to fund an item that is not approved P & R member, Chris McCollister commented that the lighting is for practicality and a convenience from a scheduling standpoint Motion to refer tied 2:2:1, with Williams and Lamont voting for, Cates and Edstrom voting against and Sterling abstaining. Mayor Sanders broke the tie vote. Motion to refer passed 3:2:1. Sanders supports the improvements but would like to see the facts prior to formalizing. D.6 Discuss and take appropriate action to authorize EDC 4B to expend up to $30,000 in matching funds for the Marshall Creek Park grant. Town Manager Emmons explained that that the grant would allow improvements to MCP for trails and restroom facilities. 1 Motion made by Edstrom, seconded by Williams authorizing EDC 4B to expend up to $30,000 in matching funds for the Marshall Creek Park grant. Motion passed unanimously without further discussion. P & R Board adjourned at 8:45 P.M. D.7 Discuss and take appropriate action for utilization of Child Safety Funds. Town Manager Emmons provided that Council had previously requested more information. Staff identified the vehicle was a high priority for the SRO to be able to use the car specifically equipped for his job function. Police Chief Kniffen gave a presentation explaining the various ways the money could be spent. Catalogs were passed out showing various SRO programs, most programs have already been taught or the SRO is currently teaching in the schools now. Chief Kniffen explained the SRO's function, and the areas the SRO serves. Town Manager Emmons suggested that the Council authorizing the staff to use the funds for a vehicle, with the possibility of waiting until November for next year's funds. Council member Cates commented that the Town currently has a vehicle equipped for investigation of crime and questioned the average cost of maintenance, and if the vehicle would be used specifically for the SRO program. Council member Lamont questioned if the SRO served kids only in Trophy Club and through the NISD. Chief Kniffen answered that the SRO program was for the NISD. Both Mayor Pro Tem Williams and Council member Lamont understood that the SRO served only Trophy Club and questioned if the Town was receiving reimbursement for the SRO's utilization in other cities. Mayor Sanders called Council's attention back to the posted item, explaining that Council was not posted to discuss the SRO function but rather the vehicle. Council member Sterling is not convinced that there is not a better use for the funds and suggested guest speakers for anti drug campaigns. Council member Edstrom explained that the presentation was not what Council had asked for; she wanted to know what the options that were available under this Grant are. According to her research, Edstrom questioned that Legislation intended for these funds to be used for an operation expense. Town Manager Emmons commented the presentation was an attempt to provide examples of how the funds could be used and that Legislation is very vague about programs that can be used. Mayor Pro Tem Williams agree with Edstrom and said they are lookirrg for dollar options; the cost to do other programs. Motion made by Cates, seconded by Edstrom to refer pending additional information provided by staff. Motion to refer passed unanimously without further discussion. Council member Edstrom said she would provide specific questions and direction to Town Manager Emmons at a later time. Bob Radder, 1 Lee Court - Thanked Chief Kniffen for his presentation and the Council to consider how much time the SRO spends with each child and the job that he does. Radder would support spending grant money rather than Town money for this issue. Mayor Sanders commented it was inappropriate for Council to wait until the last minute to ask all of these questions as staff worked very hard preparing at the last minute and did not have appropriate time to react to Council's questions. D.8 Discuss and take appropriate action regarding a Resolution to reimburse the Town for Street lmprovement Expenditures made prior to the issuance of obligations in connection with such expenditures for the purpose of constructing and improving Town Streets. Town Manager Emmons explained expenditures for reimbursement would enable staff to begin work on Phase One of the road reconstruction project. This will include the expenditure of engineering funds and the preparation, publication and acceptance of bids prior to the March sale of bonds, and would allow the Town to take advantage next year's favorable weather and complete the project prior to the 2007 holiday season. Motion made by Williams, seconded by Edstrom approving a Resolution to reimburse the Town for Street lmprovement Expenditures made prior to the issuance of obligations in connection with such expenditures for the purpose of constructing and improving Town Streets. Motion passed unanimous without further discussion D.9 Discuss and take appropriate action relative to an Ordinance amending Chapter 12 of the Code of Ordinances, entitled "Subdivision Rules and Regulations", Article VIII, "Tree Preservation and Removal", amending Sections 8.01 through 8.13 to clarify the applicability of the Town's Tree Preservation Ordinance. Town Manager Emmons referenced page 123 of the packet, explaining the changes due to a last minute discussion of the mitigation of trees. Emmons referred the explanation of the methodology to P & R Director Adam. Adams provided that 1 %times mitigation is not punitive and is the same as in other cities. Motion made by Edstrom, seconded by Sterling approving an Ordinance amending Chapter 12 of the Code of Ordinances, entitled "Subdivision Rules and Regulations", Article VIII, "Tree Preservation and Removal", amending Sections 8.01 through 8.1 3 to clarify the applicability of the Town's Tree Preservation Ordinance. Motion passed unanimously without further discussion. D.10 Discuss and take appropriate action regarding an Ordinance amending Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by adding Section 8.03 (M) "Tree Preservation." Town Manager Emmons explained that this item allow the Schedule of Fees to be adjusted according to the amendments made to the Ordinance in ltem D.9. Motion made by Edstrom, seconded by Sterling approvirlg an Ordinance amending Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by adding Section 8.03 (M) "Tree Preservation." Council member Sterling questioned how the fee is set. Town Manager Emmons answered the Tree Board established the number. Edstrom amended the motion to 150-caliber inch as per the Ordinance in ltem D.9, the seconded agreed. Motion approving an Ordinance amending Article VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled "Administration", by adding Section 8.03 (M) "Tree Preservation," passed unanimously. Town Council took a ten-minute break and returned at 9:40 P.M. 11 Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of Ordinances of the Town. Town Manager Emmons advised that the water conservation and maintenance issues have caused staff to alter existing median designs and explained the recommended changes to address those issues. Town Attorney Adams added that similar to the Building Standards, the Town sets it and they meet the formula. Mayor Sanders commented that most of the medians along Indian Creek and Trophy Club Drive are greater than 50%. Mayor Pro Tem Williams likes the trees on Indian Creek and thought that the Asian Jasmine was a good idea, but not good results. Williams questioned if current standards allowed pavers over trees. Council member Edstrom confirmed that Council could approved one of the three options, or they could approved all three as options for middle; turf, season of colors and pavers. Edstrom is concerned that Council is uncertain of what they are approving. Council member Lamont is ok with 50% and questioned how much is would cost to include pavers. Finance Director Unger stated that the Town of Westlake has pavers and has not had issues. P & R Director Adams provided that it would be eight years until the Council saw the savings. Council member Cates is concerned we will look like Los Angles. Mayor Sanders disagreed and noted with water costs goirlg up, adjustments would have to be made and Council would need to determine an acceptable level. Sanders said all the medians along the future Trophy Club Drive would be done in the PID, as per the proposal. Town Manager Emmons added this is setting a standard for future submittals, it would allow more flexibility in the future by being more stringent today. If Council did not like the changes, they could change it again in three months, at which point the developer could work under both ordinances. Motion made by Lamont, seconded by Cates to replace the note on Figure 1-7, page 2 of 3, The median landscaping design shall include Option A and shall alternate Option A with Option B or Option C. Lamont modified the motion to include the tree wells not to exceed 8 feet centered on the width of the tree. The second agreed to the modification. Motion passed 3:2, with Lamont, Cates and Sterling voting for and Williams and Edstrom voting against. Motion made by Cates, seconded by Edstrom to reconsider. Motion to reconsider passed 3:1:1, with Williams, Edstrom and Cates voting for, Lamont voting against and Sterling abstaining. Motion to amend made by Williams, seconded by Cates to amend striking B and C and the note on Figure 1-7, page 2 of 3. The amended motion failed 2:2:1, with Williams and Cates voting for, Lamont and Edstrom against and Sterling abstaining. Motion made by Williams, seconded by Edstrom to extend the Council meeting passed 11:OO P.M. Motion passed unanimously without any discussion. Mayor Sanders advised that if the motion on the table was voted down, the item is as it was presented. Sanders clarified the movers modification of the motion to replace the note on Figure 1-7, page 2 of 3, the median landscaping design shall include Option A and shall alternate Option A with Option B or Option C and the tree wells not to exceed 8 feet centered on the width of the tree. The second agreed the medication. Motion failed 1 :4, with Lamont voting for and Williams, Cates, Edstrom and Sterling voting against. D.12 Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XI1 Standards for the Repair, Removal or Demolition of Substandard Buildings and establishing Building Standards Commission for the Town. Motion made by Edstrom, seconded by Cates to refer until the October ~6'~ meeting. Bob Radder, 1 Lee Court - Questioned the impact this would have on the builder coming into Town. Council member Edstrom explained that this Ordinance relates to buildings currently on the ground. Motion to refer passed unanimously. D.13 ltems for Future Agenda. 1011 6106 Discuss and take appropriate action regarding an Interlocal agreement with Southlake and Roanoke for animal control. Discuss and take appropriate action regarding an Ordinance amending "Design Standards", as it relates to medians of the Code of Ordinances. Discuss and take appropriate action regarding the amendment to Ordinance 2002-44, extending the Franchise contract with Charter communications. ltems for Future Agendas - Dates to be Determined Discussion about storm water discharge from pools. Review of the Building Standards Ordinance (specifically maintenance of all buildings and the allowance of metal buildings) Discuss 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. Payment Agreements with Master District for municipal annex. Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to political signs and quantity per commercial lot.) Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. Consideration of enactment of HotellMotel Tax. D.14 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. E.l Adjourn. Motion made by Williams, seconded by Sterling to adjourn. Meeting adjourned at 1 1 :13 P.M. Town of ~rophy Club, Texas EHSA Nick Sanders, Mayor Town of Trophy ~iub, Texas