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Minutes TC 06/18/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 18,2007 7:00 P.M. STATE OF TEXAS 5 COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 18, 2007. 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 Council Member Susan Edstrom Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Sakura Moten-Dedrick Lisa Ramsey Patricia Adams Scott Kniffen Carolyn Huggins Town Manager Finance Director Town Secretary Town Attorney Police Chief Planning Coordinator A.l Mayor Sanders called the Regular Session to order at 7:01 p.m. noting a quorum was present. A.2 Police Chief Kniffen gave the Invocation. A.3 Police Sergeant Tyler led the Pledges. A.4 Citizen presentations: Ray Lewis from the Moslah Shrine, Flying Fex - Thanked the Council for allowing them to solicit the Town residents for the Hospital fund raiser held on May 4'h and 5'h, 2007. The Town Council was presented a certificate of appreciation for their support in their Shrine efforts. Steven Kohs, 18 Overhill Drive introduced Bill Watkins, Ride Captain of the Patriot Guard Riders. Mr. Watkins said the Town and Town Staff have done a remarkable job supporting the Patriot Guard Riders and their mission. Mr. Watkins acknowledged and presented a certification to Police Chief Scott Kniffen and Fire Lieutenant Gene Bates, accepting for Fire Chief Danny Thomas, for their help and support during the rides. Steven Kohs presented Mayor Sanders with a challenge coin and acknowledged two Marines, John Schwartz, a former resident and Josh Dede. (Steven to provide correct spelling) Bill Rose, 219 lnverness Drive - Saluted the Town Staff who worked the storm last night and asked that the Council look into why the siren did not go off. J.D. Stotts, 1 Narrow Creek Court - Said that he would be interested in volunteering to help during storms like the one from last night. Stotts requested the Council consider changing the name of Trophy Club Park at Lake Grapevine to just Trophy Club Park. 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 and will be considered separately. Motion made by Council member Edstrom seconded by Council member Sterling to approve the Consent Agenda, ltem B. 1. Motion passed unanimously without further discussion B.l Consent Agenda: Discuss and take appropriate action regarding a Modification to the Allied Waste Services Contract adjusting primary collection days and affecting the holiday pick up schedule. End of Consent Agenda TOWN COUNCIL CONVENED INTO REGULAR SESSION *REGULAR SESSION C.l Review Presentation by Anna Clark with Earth People. Discuss and take appropriate action authorizing the Mayor to sign the US Mayors Climate Protection Agreement on Global Warming. Council member Moss objected to consideration; stating he is not in favor of the agreement or the presentation. Mayor Sanders ruled the objection out of order. President Anna Clark from Earthpeople, LLC., gave a brief presentation regarding climate disruption as an urgent threat to the environmental and economic health of our communities. Many cities, in this country and abroad, already have strong local policies and programs in place to reduce global warming pollution, but more action is needed at the local, state, and federal levels to meet the challenge. Ms. Clark explained the actions necessary under the Agreement. Council member Cates is interested in conservation but not necessarily Global Warming and would like more information before considering. Council member Wilson agreed with Council member Cates and feels that tips on conservation distributed in pamphlets is a good idea. Council member Edstrom did not think the presentation addressed conservation or how to reduce the submissions and said that the biggest concern of the residents is how this agreement ties to Global Warming. Council member Sterling admires Ms. Clark's concern for the environment but feels the agreement is bigger than what was presented. Council member Moss did not have a problem with the presentation and said that several residents have already taken conservation precautions. No action taken. Dwight Morrow, 251 Oak Hill Drive - Agrees with Ms. Clark's concept but objects to the Town signing the agreement. Mayor Sanders questioned council about considering ltems C9 and C10 next. Mayor Sanders noted no objections and moved up ltems C.9 and C.lO. Mayor Sanders questioned council about considering ltem C6 next. Mayor Sanders noted no objections and moved up ltems C.6. C.2 Discuss and take appropriate action regarding an Agreement between the Town and Fleet Screen Ltd. to act as the Medical Review Officer and conduct CDL random drug tests. Town Manager Emmons said Alliance Medical currently performs the Town's pre-employment tests and Worker's Comp injuries. In accordance to SAMSHA (Substance Abuse and Mental Health Administration) Alliance uses Fleet Screen as the Medical Review Officer. Staff recommended Fleet conduct the CDL random drug testing as well in order to have all services centralized. Motion made by Edstrom, seconded by Sterling to approve. Council member Cates questioned if staff went out for bids. Council member Wilson confirmed that Alliance is performing satisfactorily. Council member Sterling feels that going out for bids would be cost prohibited. Motion passed 4:1, with Cates voting against. C.3 Discuss and take appropriate action appointing one Council member to serve on the MUDITown Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. Mayor Sanders explained that Council member Edstrom was appointed at the June 4th meeting and Council members Cates and Wilson tied. Council member Sterling was absent from the June 4th meeting and Mayor Sanders requested this item come back tonight so that he would have the opportunity to vote. Both Council members Cates and Wilson would like to volunteer. Motion made by Moss, seconded by Wilson to appoint Wilson as the second member. Council member Edstrom asked that her name be withdrawn and that Council members Cates and Wilson be appointed as she would prefer to serve on the Charter review task force. Edstrom added that during the election she was assured this group would work together and in order to ensure this happens, respectfully withdrew her appointment. Town Attorney Patricia Adams advised the posting is only to appoint one member. Council member Moss withdrew his motion, the second agreed. Mayor Sanders said this item would come back at the next meeting. Motion made by Moss, seconded by Wilson to appoint Wilson and Cates. Council member Wilson said she has specific interest in this task force based on constituent's requests. Council member Sterling asked Council member Wilson her goals and objectives for the task force. Wilson feels she has a lot to offer with her availability and negotiating ability with a contentious issue. Council member Edstrom clarified she did not withdraw for complicity and respectfully requested this item be addressed at the next meeting. Council member Moss withdrew his motion, the second agreed. An item allowing Council member Edstrom to withdraw and appointing two members will be addressed at the next council meeting. C.4 Discuss and take appropriate action to appoint two members of Council to serve on the Charter Review Committee. Mayor Sanders commented that Former Mayor Pro Tem Williams and Council member Lamont previously served on this task force and recapped the Charter Review Topics from November 1, 2006 Meeting. Council member Cates confirmed that both Council members Edstrom and Sterling are interested in serving on this Committee. Motion made by Moss, seconded by Cates to appoint Sterling and Edstrom. Council member Wilson confirmed there are no citizens currently serve on this committee. Council member Edstrom commented there were citizens who expressed a desire to serve in November. Bill Rose, 219 lnverness Drive Suggested a committee be formed to do the research and then present to Council. Motion passed unanimously without further discussion. C.5 Review and discuss the proposed assessment roll for the Town of Trophy Club Public lmprovement District No. 1 (The Highlands at Trophy Club). No action taken. C.6 Review and discuss the Town of Trophy Club Public lmprovement District No. 1 (The Highlands at Trophy Club) Service and Assessment Plan. Town Manager Emmons explained this as the next step in the PID and sets the assessments in the property. The intent is to present to Council, have Council review the document and have the consultants give a history of how it was created and the timeline for adoption. Robert Miklos from Hughes and Luce explained the SAP as the methodology which spells out the services that will be provided in the PID; the SAP is the operative document for the PID. Lila Marsh from Vincent and Elkins said the SAP can best be described as the "'how are you going to levy the assessments?" Marsh complimented Mr. Miklos for working with DCAD to get the tracks divided and explained the concept of bonds and the definitions of equivalent units and lot types. Marsh gave a brief overview of the Assessment Plan. Kyle Saulsman from Carter and Burgess explained the allocation was based on units serving 87% PID flow. Council member Sterling pointed out a typo on page 32 and confirmed that there are 281 lots in the entire project. Council member Wilson verified that should the Attorney General not approve the whole process would need to be started over. Council member Moss does not feel the graphs for the NE and NW Parks are true representations. Kyle Saulsman agreed that the graphs provided to Council did not represent the Town's design. Mayor Sanders asked if approved tonight, could an item later be changed. Lila Marsh explained if the Town approves $200,000 for sports fields, there will not be any specifics based on the type of sports field. However, if the Town specifies a splash park, then it would need to be a splash park. Council member Cates added the residents in the PID will still benefit from the other services currently existing. Mayor Sanders does not want the specifics restricting or dictating the plan making interpretation too narrow. Council member Wilson believes Council should heed Mrs. Marsh's counsel and approve with some specification. Mayor Sanders requested Town Manager Emmons work up the description and come back to Council. Town Manager Emmons questioned if they need to begin assigning a monetary value to the services. Lila Marsh recommends the first cut that breaks out basics, land costs, and a list of a general budget for the 1.7 million. No action taken C.7 Items for Future Agenda. Council member Cates requested staff designate a date for the EMS Plan. C.8 Reports. (a) EDC 4B Liaison, Council member Sterling gave his report to Town Council. (b) Town Manager Emmons gave his report to Council. C.9 Discuss and take appropriate action relative to Final Plat approval of an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (FP-07-011) A. Discuss and take appropriate action regarding the approval 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. Town Manager Emmons explained this has been recurring and staff has finally received the letter from the CORP. Emmons said that there is still one issue with the road and how it will be escrowed. Town Attorney Adams said the Town was not aware what the Parkland dedication was going to be and had hoped to provide alternatives as well as have the engineer review. Mayor Sanders commented that staff recommended Council's approval of the plat and to bring the ratification back on the Consent Agenda. Council member Cates questioned the second level of authorization on the easement. Town Manager Emmons responded this has been achieved. Planning and Zoning Chairman, Gene Hill said all stipulations of Commission have all been met. Motion made by Moss, seconded by Edstrom to approve. Motion passed unanimously without further discussion. C.10 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. Town Manager Emmons said based upon the methodology for parkland dedication contained in the Town's ordinance, the Developer of Churchill Downs would owe $57,670 that would be paid as money in lieu of parkland dedication. That cost calculation is based upon the following: 35 Dwelling units require a Park Land turnover of .79 acres. Using the land purchase price of $73,000.00 per acre would require the developer to pay $57,670.00 in monies in lieu of land. Staff recommends this amount be accepted; take cash in lieu of land. Motion made by Moss, seconded by Wilson to approve. Council member Cates asked if the developer had proposed any matching or in-kind contribution in lieu of cash. Town Manager Emmons said there are some proposals but nothing verified as of yet. Motion passed unanimously without further discussion. Council convened into Executive Session at 9:57 P.M TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION D.l Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(I) "Personnel Matters", the Council will enter into executive session to discuss the following: A. The deliberation of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Appointment of Mayor Pro Tem. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION Council reconvened into Regular Session at 10:04 P.M. D.2 Discuss and take appropriate action relative to the appointment of Mayor Pro Tem. Motion made by Cates, seconded by Edstrom to appoint Edstrom as Mayor Pro Tem. Motion to amend made by Wilson, seconded by Moss to appoint Moss. Council member Sterling believes there should be a policy for the appointment of Mayor Pro Tem in place. Mayor Sanders allowed Sterling's comment and called the Council to make the decision on the item. The amended motion failed for a lack of majority, 2:2:1; Moss and Wilson voting for, Cates and Edstrom voting against and Sterling abstaining. The main motion appointing Edstrom as Mayor Pro Tem failed for a lack of majority, 2:2:1; with Cates and Edstrom voting for, Moss and Wilson voting against and Sterling abstaining. Mayor Sanders felt that Council should make this decision, however since they are divided, he would vote. Council member Sterling moved to substitute Wilson for appointment; Wilson declined. The main motion appointing Edstrom as Mayor Pro Tem passed 3:2:1 with Sanders voting for. E.l Adjourn. Motion made by Cates, seconded by Wilson to adjourn. Meeting adjourned at 10:20 p.m. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy ~iub, Texas