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Minutes TC 06/04/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 4,2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON s The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 4, 2007. 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 Jim Moss Kathleen Wilson TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Gregory Lamont STAFF AND GUEST(S) PRESENT: Brandon Emmons Lisa Ramsey Patricia Adams Sakura Moten-Dedrick Danny Thomas Mike Pastor Adam Adams Carolyn Huggins Scott Kniffen Mayor Mayor Pro Tem Council Member Council Member Council Elect Council Elect Council Member Council Member Town Manager Town Secretary Town Attorney Finance Director Fire Chief IS Director Parks and Recreation Director Planning Coordinator Police Chief A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present and announced the absence of both Council members Sterling and Lamont. A.2 Pastor Barry Clingan with the Church at Trophy Lakes gave the Invocation. A.3 Quinn Reckmeyer, Troop 368 led the Pledges. A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Quinn Reckmeyer/Trophy Club Boy Scout Troop 328, and congratulating him on his achievement of the Eagle Scout Award. Mayor Sanders read the Proclamation and introduced Quinn Reckmeyer Motion made by Edstrom, seconded by Williams to approve the Proclamation. Motion passed unanimously. A.5 Citizen presentations: Carol Ann Fleck, 211 Oakmont Drive - Told the Council she is upset that the residents are not being informed of the crime in Town and said that the Council is responsible for keeping them updated. John Tabor, 505 Indian Creek Drive - Addressed the Council regarding several lengthy TXU power outages that have occurred over a six week-period in the area of Indian Creek, Pebble Beach, Phoenix Drive and Shields Court. Mr. Tabor said that he receives a different story from TXU when he contacts them about the outages and sought Council's help resolving this issue. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 7:12 P.M. B.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. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (I) of the Texas Open Meetings Act. (1) Discuss evaluation/performance review of Town Attorney Patricia Adams. (2) Discuss evaluation/performance review of Town Secretary Lisa Ramsey. No action taken as Council reconvened into Regular Session at 7:49 P.M. TOWN COUNCIL RECONVENE INTO REGULAR SESSION "REGULAR SESSION C.l Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of Certificate of Election to the Mayor and Incoming Council Members. Mayor Sanders presented a gift to Mayor Pro Tem Roger Williams and thanked him for his six years of service on the Council and the many other years and ways he has served the Town. Mayor Pro Tem Williams thanked everyone who supported him and congratulated both Jim Moss and Kathleen Wilson on the election. Williams appreciated the opportunity to serve six years on the Council and would be willing to work with the town in the future. Council member Lamont was absent from this meeting and Town Manager Emmons read his outgoing comments. Honorable Mark Chambers congratulated each candidate and administered the Oath of Office and Statement of Elected Official to Council Elects; Jim Moss and Kathleen Wilson and Mayor Nick Sanders. All three were presented with a Certificate of Election. C.2 Opening remarks by Mayor Sanders to outgoing Council members and incoming Council members and comments from and to outgoing Council members. Mayor Sanders acknowledged Mayor Pro Tem Roger Williams for his six years of service on the Council and thanked Council member Greg Lamont for his term served on Town Council. Jim Moss thanked Neil and Pauline Twomey for their perseverance and dedication with his campaign support. Moss acknowledged Kathleen Wilson who also supported him through the campaign. Kathleen Wilson thanked all of the volunteers for their support and added that she learned how great Trophy Club is by going door to door. C.3 Discuss and take appropriate action on a request for Final Plat approval for Lots 1, 2, and 3, Block A, Golf Maintenance Facility Addition, being 4.038 acres of land located in the Mary Medlin Survey, Abstract 832. Applicant: Beck Properties Trophy Club, L.P. (FP-07-020) Mayor Sanders acknowledged George Ballans and Scott Beck. Planning and Zoning Chairman, Gene Hill said the revised engineering plans were reviewed and approved by TNP on May 29, 2007, and Staff recommends approval of the Final Plat for the Golf Maintenance Facility Addition. Town Manager Emmons clarified this item was tabled at the May 21'' Town Council meeting as the civils had not yet been approved by the engineers. The plans have now been approved by both engineering and staff. Motion made by Moss, seconded by Cates to approve Motion passed unanimously without further discussion. Mayor Sanders encouraged Scott Beck to finish the parkland dedication from December and to return the documentation with his signature. C.4 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. Mayor Sanders noted that this item died for a lack of action at the May 21'' meeting as staff had not yet received the letter from the CORP. Town Manager Emmons added the Town and MUDS are still working with the CORP for a recommendation for designated discharge for sanitary sewage. Planning and Zoning Chairman, Gene Hill recommended certain stipulations at the May 2lS'~own Council meeting regarding the sewer lines and requested the Council table the item until the documentation was inline. ltem died for lack of action. C.5 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. Mayor Sanders acknowledged Todd Price and said this item was referred at the May 21" meeting as Council wanted a better understanding of Mr. Price's offer. Town Manager Emmons explained the parkland ordinance and provisions and said based upon this methodology, 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. ltem died for lack of action. C.6 Discuss and take appropriate action regarding a resolution authorizing participation in various cooperative purchasing programs as provided by the Town's Procurement Policies and Procedures. Town Manager Emmons explained the Resolution which allows the Town to utilize cooperative purchasing programs with the approval of Town Council. Purchases made through an approved Cooperative Purchasing Program satisfy state law competitive bid requirements and allow purchases with more purchasing power. Council member Cates asked the cost of each organization. Town Manager Emmons responded that most range from %% to 2% on the total cost. Finance Director Sakura Dedrick added US General Services Administration (GSA) is the only new organization. Motion made by Edstrom, seconded by Moss to approve. Motion passed unanimously without further discussion. C.7 Discuss and take appropriate action amending Resolution 2006-24 by amending to appoint one Town Council member to one liaison seat on Economic Development Corporation 4A for the remainder of the unexpired term expiring in September 2007. Mayor Sanders advised Council member Edstrom has requested that another member be appointed due to her travellwork schedule. Council member Cates nominated Council member Moss. Council member Wilson feels Council liaisons' impede the work of the Board. Council member Edstrom said the Board will not have a problem speaking freely regardless of who is there and believes the liaison helps communicate Council's direction. Council member Cates feels the liaison is a very important role. Mayor Sanders said the intent of the liaison position was to start a dialog between the Board and Council; to date there has not been any complaints. Motion passed unanimously without further discussion to appoint Jim Moss. C.8 Discuss and take appropriate action regarding the regularly scheduled Town Council meetings for July. Town Manager Emmons said the Council did not indicate any conflicts with moving the July meetings. Motion made by Moss, seconded by Edstrom to move the July 2nd and 16th to July 9th and July 23rd. Council member Edstrom is not in favor of Council meeting on holiday weeks. Motion passed unanimously without further discussion. C.9 Discuss and take appropriate action regarding the creation of a MUDrrown Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. a. Appointment of Council members to serve on the Task Force b. Discuss the use of the PID annual supplemental assessment. Mayor Sanders said he requested that this item be placed on the Agenda, as former Mayor Pro Tem Williams and Council member Lamont previously represented the group. Sanders feels there are still discussions that need to occur between the MUDS and Town, regarding the Water Wastewater Contract and the PID and the Fire Department which can be easier accomplished in a Task Force meeting. Council members Edstrom, Cates and Wilson volunteered to serve on this Task Force. Mayor Sanders indicated that the names of the three would be received as nominations and would proceed to vote for each person in the order that volunteered. The vote to appoint Edstrom passed 4:O. The vote to appoint Cates tied 2:2, with Edstrom and Cates voting for. The vote to appoint Wilson tied 2:2, with Moss and Wilson voting for. Mayor Sanders announced the appointment of Council member Edstrom and requested this item come back on the June 18, 2007 meeting so that Council member Sterling would have the opportunity to vote. Council member Moss is uncomfortable voting against a fellow member and would rather that one withdraw. Mayor Sanders said the vote is not considered as favoritism but rather who has the time to serve as the meetings are mainly during the business hours. Council member Wilson sincerely respects Council member Cates, but is truly interested in serving. C.10 Staff to provide an update and receive Council input regarding negotiations with the MUDs relative to the contract to provide water and wastewater to the Town and related operational services to be provided by the MUDs Town Manager Emmons provided the determination by the Master District several months ago was for the contract to be handled by Legal Counsel representing all Trophy Club Governmental Entities. It was the understanding of two of the Entities that the direction given to the Attorneys was for them to formulate two contracts; concerning the operation and services commodity contract and the other dealing with the cash buy inlsettlement paid by the developer to the MUDs. Town Attorney Patricia Adams has forwarded a copy of the contract to the MUDs Attorney for review and it will be presented to the Council once in good form. Mayor Sanders said the Task Force previously identified items for the attorney to put into the contract and he feels two contracts are appropriate. The intent is for the contract to come back to the task force prior to being presented to the Town Council. Mayor Sanders acknowledged MUD Directors Henry and Hase. No action taken. C.ll Items for Future Agenda. Mayor Sanders said this list is to keep the citizens informed of items coming on future meeting agendas. Council member Cates would like to discuss authorization and spending levels. Council member Moss would like to discuss political signs. Mayor Sanders said two items came up in the May Election; there was some confusion on how far a sign could be from the curb, and what constituted a multi facet sign. C.12 Reports. 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. a) Report or periodic, internal audits of procedures as related to procurement policies, journal entries and the travel and training policies by Council member Cates. b) Town Manager Report. Mayor Sanders commented to the signs and speed limit on Trophy Club Drive. Town Manager Emmons addressed the safety issue; the crews are taking down trees as they are encroaching in the right of way and some of the large vehicles were running into the tree limbs. The tree limbs will be replaced with a variety that is more water wise and that will cause less damage to the streets. Mayor Sanders questioned the NNO message on the marquees. Town Manager Emmons explained NNO is National Night Out. Council member Cates updated that the previously identified issues with procurement purchases been rectified and she is still working through authorization issues. Cates would like to work with Town Manager Emmons prior to comments on the Journal Entries and suggested additional staff be added to ensure the proper controls. TOWN COUNCIL RECONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 9:16 P.M. 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. Personnel Matters (§551.074(a)(l)): The deliberation of the appointment of a public officer: (1) Appointment of Mayor Pro Tem. TOWN COUNCIL RECONVENED INTO REGULAR SESSION. "REGULAR SESSION Council reconvened into Regular Session at 10:21 P.M. D.2 Discuss and take appropriate action relative to Executive Session Item Number D.1. Motion made by Cates to appoint Susan Edstrom as Mayor Por Tem; seconded by Edstrom Council member Cates nominated Edstrom as the most senior Council member and feels with the serious decisions facing the Town, Edstrom is the most experienced and will do a good job. Wilson made a motion to amend the original motion to appoint Jim Moss, motion seconded by Moss. Council member Wilson acknowledged that the Town is facing some serious decisions and due to availability, feels Council member Moss would be the appropriate choice. Motion to amend tied 2:2, with Council members Wilson and Moss voting in favor. Mayor Sanders called for the vote again, Motion to amend tied 2:2, with Council members Wilson and Moss voting in favor. The amendment did not pass. The motion to appoint Edstrom as Mayor Pro Tem tied 2:2, with Council members Edstrom and Cates voting in favor Mayor Sanders did not vote as he prefers for the appointment to be made by the Council upon Council member Sterling's return. Sanders asked that this item come back on the June 18, 2007 meeting. E.l Adjourn. Motion made by Edstrom, seconded by Cates to adjourn. Meeting adjourned at 10:28 p.m. / ~da Ramsey, Town Secretary Town of Trophy Club, Texas - Nick Sanders, Mayor Town of Trophy Club, Texas