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Minutes TC 08/06/2007 - Budget WorkshopMINUTES OF A BUDGET WORK SESSIONIREGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 6,2007 5:00 P.M. STATE OF TEXAS 5 COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 6, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem arrived at 5r15p.m.. Pam Cates Council Member arrived at 542 p.m. Philip Sterling Council Member Kathleen Wilson Council Member Jim Moss Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Lisa Ramsey Patricia Adams Sakura Moten-Dedrick Scott Kniffen Danny Thomas Town Manager Town Secretary Town Attorney Finance Director Police Chief Fire Chief A.l Mayor Sanders called the Budget WorkshoplRegular Session to order at 5:15 p.m. noting a quorum was present. A.2 Budget Workshop (5:OO - 7:00 P.M.) Town Manager Emrnons turned the workshop over to Finance Director, Sakura Moten-Dedrick to address four major items for discussion; calendar for implementation, what to expect over the next couple of weeks, explanation of the certified values from DCAD and personnel changes that have been added. Council provided input on the Supplemental requests. Mayor Sanders called a five minute recess. Council returned at 7:07 p.m. Mayor Pro Tern Edstrom expressed Council's sympathy to the family of John Carter who just passed away. Mr. Carter was a long time resident and a great Town volunteer. A.3 Invocation given by Reverend Daniel Humbert with the Methodist Church A.4 Pledges led by Council member Wilson. A.5 Citizen presentations: LC Crowley. 410 Lakewood Drive -Asked for Council's help diffusing the anger surrounding the Lakes Mayor Sanders noted a correction to the Minutes dated Monday, July 23, 2007, page 38 of the packet, the second sentence of the second paragraph, policy was changed to police. Motion made by Edstrom; seconded by Moss to approve the Consent Agenda, items 8.1 - 8.3. Motion passed unanimously without any discussion. B.l Consent Agenda: Discuss and take appropriate action regarding the ratification of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. 8.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 9,2007. 8.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 23,2007. End of Consent TOWN COUNCIL RECONVENED INTO REGULAR SESSION 'REGULAR SESSION C.1 Discuss and take appropriate action regarding a request from Carter & Burgess, inc. on behalf of 831 Trophy, L.P.ICenturion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfarellnfrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres) (FP-07-010). (REFERRED FROM 7-9-07 COUNCIL MEETING; TABLED AT 7-23-07 COUNCIL MEETING) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. Mayor Sanders said the original concept was for the road to be included in the Thoroughfare of the PID, but issues have developed with that concept. After conferring with ail of the consultants, Jim Wiegert from Carter and Burgess advised the request should be split into two sections and respectfully withdrew the application. Wiegert said the plans are to resubmit in the next 30 days. No Action taken C.2 Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for The Highlands at Trophy Club Neighborhood 3. Phase 1A and Neighborhoods 3 & 4, Phase 18. Town Manager Emmons introduced the first two phases of Turnberry with a standard agreement. The infrastructure in Phase 1A of Neighborhood 3 will be split into two separate classifications; the public infrastructure which will be required prior to the issuance of permits and the landscaping with the common areas be finished prior to final acceptance. This will allow the building permits on the model homes to be constructed prior to the absolute finalization of the first phase. This agreement does not include the parkland dedication which will be included in the master infrastructure. Mayor Sanders repeated the slight deviation in this Subdivider's Agreement allows the developer to work on the model homes before completing the others. Motion made by Edstrom; seconded by Moss to approve, Mayor Sanders introduced Jeff Pooie with K. Hovnanian Homes. Council member Moss asked if trails will be included in the parks dedication. Town Manger Emmons explained the trails external to the neighborhoods are part of the PID package. The internal trails or the sidewalks will be referenced on the individual plats. Motion passed unanimously without any discussion C.3 Discuss and take appropriate action regarding the use of the Trophy Club Times as the Town's newsletter. Mayor Sanders said he requested this item and noted the line item for the news letter is way over budget. Town Manager Ernmons provided the current cost to print 2.800 newsletters, per month is approximately $1,265.00, with the cost escalating with more pages. One option would be to go electronic and post to the website or post in the Trophy Club Times monthly. The estimated cost to publish in the Trophy Club Times (Alliance Regional News) is $1,300 a month, with additional charges for color images. Mayor Sanders said publishing in the paper would cover more than just the Trophy Club residents and confirmed the MUDS currently pay the postage of the newsletter. Mayor Pro Tem Edstrom likes the idea of reaching out to other communities and asked staff to find out if the paper's formatting is the same. Council member Sterling questioned the lead-time and if the paper's deadline would accommodate the Town's needs. Town Manager Emmons confirmed the deadlines are the same. Council member Cates and Moss agree with Edstrom Mayor Sanders instructed Town Manager Emmons to gather more details and include specifics in the next Town Manager's report. No Action taken C.4 Present and discuss 2007 Certified Appraisal Records and EffectivelRollback Tax Rate Calculations. Town Manager Emmons referenced the handout; the red font represents the effective tax rate proposed at $.40059 /$I00 valuation, and the Total Rollback Rate is $.50290 /$I00 valuation. Total Rollback Rate or the Maximum Operating Rate is S.36904 /$I00 valuation, and the Debt Rate is $. 13386 /$I00 valuation. This item is for the presentation and discussion, with Council taking action on the Resolution in Item C.5. No action taken, discussion only C.5 Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2007 Tax Rate on the September 24. 2007 Town Council Public Meeting Agenda as an action item. Mayor Sanders said this process requires two Public Hearings, scheduled for August 201h and September loth with the adoption scheduled for September 24Ih. Motion made by Edstrom; seconded by Moss to approve with the proposed tax rate of ,46264 per $100. Mayor Sanders spoke to Council's hesitation explaining they struggled in their discussion during the Budget Workshop of the need to increase the tax rate in order to adequately fund the INS or Debt Services for the road bonds that were passed 2000. Council member Cates was concerned about publishing this rate in the paper since the increase is a preliminary estimate. Mayor Pro Tern Edstrom said the Town is required to publish a rate and the amount is based on the budget workshop tonight. Finance Director, Sakura Moten-Dedrick said the publication is just a notice of intent and Council is not obligated to the published rate, but is required to publish one. Edstrom amended the motion to approve publication with the proposed tax rate of ,469598 per $100, the second agreed. Council member Cates would rather keep the rate at ,46264 due to some decisions that still need to be made. Mayor Pro Tem Edstrom confirmed the motion to publish at the rate of ,46264; the second agreed. Motion passed unanimously without any discussion Staff voiced concern that Council may have limited their capabilities by approving at the lesser rate and would have to repost should this be the case. Motion made by Edstrom; seconded by Moss to reconsider Motion made by Edstrom; seconded by Moss to approve with the proposed tax rate of .469598. Motion passed 4:l; with Cates opposing C.6 Discuss and take appropriate action regarding the regularly scheduled Town Council meetings for the month of September. Since Council's regularly scheduled meeting on September 3rd is a Holiday, staff asked Council to reschedule. Mayor Pro Tern Edstrom noted the Public Hearing on the budget scheduled for September 10, 2007. Motion made by Sterling, seconded by Moss to reschedule the September 3' and 17Ih meetings to September loth and 241h'", 2007. Council member Sterling questioned the necessity of holding the first meeting in October. Mayor Pro Tern Edstrom is not in favor of cancelling the October 8, 2007 Council meeting due to the Charter Amendment Election. Motion passed unanimously without any discussion C.7 Discuss and take appropriate action to approve financials and variance report dated June 2007. Motion made by Cates, seconded by Wilson to approve Motion passed unanimously without any discussion C.8 Discuss and take appropriate action to approve Minutes dated, April 2, 2007. Motion made by Edstrom, seconded by Sterling to approve Motion passed 3:0:2, with Wilson and Moss abstaining. C.9 Discuss and take appropriate action to approve Minutes dated, July 12, 2007 Motion made by Edstrom, seconded by Moss to approve. Motion passed 4:0:l, with Sterling abstaining C.10 Discuss and provide input regarding the first draft of ballot language for the November Charter amendment Election. Town Manager Emmons said the first draft of ballot language has been prepared for the proposed Charter amendments as selected by Council. This draft provides a starting point for discussion. The change from a two year to a three year term has impacted other Charter provisions. As you review the backup, please keep in mind that as the final ballot language is prepared, other affected sections may be identified and additional changes could be proposed. This draft represents the work that could be done in time for the agenda deadline, and additional review will continue in preparation for a final draft at the August 20Ih ~ouncil meeting. Town Attorney Adams explained the proposed amendments: Section 3.01 Number, Selection, Term, is not based on demographics and would change the elections from at- large vote to districts or places. This would also require a majority vote rather than a plurality. Mayor Pro Tem Edstrom feels this would create even more divisiveness. Council member Moss agrees. Council member Wilson is pro-term extension and believes at a later date places will need to be created in order to give fair representation to the new residents. Wilson is in favor of allowing the residents to decide if there should be districts. Council member Cates feels the Council's responsibility is to the whole town not just certain areas. Fred Allen, 1022 Trophy Club Drive - Does not support the amendment to change to three year terms. (Submitted a letter to be place in the Minutes) The following sections were explained by Town Attorney Adams: Section 6.01: An amendment to sections 3.12, 3.16(b), and 3.17 to provide that every ordinance, resolution, motion or action of the Town Council shall require passage by the affirmative vote of a majority of the Council qualified to vote unless a different number is specifically required by law or Charter. Section 6.02: An amendment to section 4.07 of the Town Charter transferring the authority to appoint the Town Secretary from the Town Council to the Town Manager with the Council being required to approve the appointment by a majority vote Section 6.03 An amendment to sections 6.01 and 6.03 of the Town Charter providing that any elected Town official, including those appointed to elected positions, may be subject to recall on any one or more of the following grounds: incompetence, misconduct, malfeasance in office, or knowing of intentional violations of the Charter, providing definitions of the terms incompetence, misconduct and malfeasance, and requiring that a recall petition specifically state each ground with enough certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged on each ground. Section 6.04: An amendment to sections 7.04, 7.07, and 7.09 of the Town Charter providing that a majority of the Town Council has the authority to submit an ordinance, resolution or proposition to popular vote as either a binding or non- binding referendum by designating such item as either a binding or non-binding referendum and providing that Council shall not repeal or amend an ordinance or resolution passed as a binding referendum without submitting such ordinance or resolution to a vote at an election. Section 10.03 Powers to Grant Franchise Fees The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term exceeding twenty (20) years from the date of the grant, renewal or extension. No grant or franchise to construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. No action taken, input was provided to have the first four included to the Ordinance calling the Election C.11 Review and discuss first draft of the Service and Assessment Plan for emergency services to be provided to the PID. Town Manager Emmons explained the MUDS tax rate and the amount the improvement will generate. The first year of the $100,000 for the Authorized Services $100,000 is an arbitrary cap. No action taken, discussion only. C.12 Discuss and provide input regarding suggested revisions to the Ethics Section of the Handbook for Elected and Appointed Officials. Mayor Pro Tem Edstrom is in favor of deleting Sections 19 and 20 and feels Section 3 is adequately covered in the Charter and said the Council cannot legislate how people act. Council member Moss agreed. Council member Cates likes #9 of the handout from Oakmont's Ethics policy. Council member Sterling preferred the original language under #3 Conduct of Town Officials. Mayor Sanders requested the entire manual come back to Council; posted so that changes could be made to any section. Dave Edstrom, 269 Oak Hill Drive - Requested the Council begin the process to remove Article 3 titled Conduct of Town Officials from the Town Handbook as expeditiously as possible. The Article should never have been part of the Handbook because the only likely action taken under it would clearly violate the First Amendment rights of free expression for those who serve on the Town volunteer committees. (Submitted a letter to be place in the Minutes) Greg Lamont, 15 Avalon Drive - Submitted a letter requesting the Council create an ethics review committee Bob Radder, 1 Lee Court - Submitted for Council's consideration a code of conduct and ethics to be used in part or adopted as a whole. No action taken, input only. C.13 Items for Future Agenda. Council member Cates requested an item inviting the members of TCNAC attend a Council meeting. Mayor Sanders encourage Cates to discuss with Town Manager Emmons and Police Chief Kniffen. Council member Wilson requested the Discussion of the drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for the area to create a linear park, be bolded; as there are valid concerns with soccer starting up. Town Manager Emmons is currently talking with FEMA for the potential funding to deal with this issue. C.14 Reports. (a) Town Manager Emmons gave his report 0.1 Adjourn Motion made by Sterling, seconded by Wilson to adjourn Meeting adjourned at 9.11 P.M %,&a Rarnsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas