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Minutes TC 03/05/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 5,2007 7:00 P.M. STATE OF TEXAS b COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 5, 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 Philip Sterling Gregory Lamont STAFF AND GUEST(S) PRESENT: Brandon Emmons Sakura Moten-Dedrick Lisa Ramsey Patricia Adams Beth Ann Gregory Adam Adams Scott Kniffen Danny Thomas Mike Pastor Kerin Fleck Kirk Wilson Misty Ventura Jim Wiegert Lila Marsh Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Finance Director Town Secretary Town Attorney Community Development Director Parks and Recreation Director Police Chief Fire Chief IS Manager Planning Coordinator Centurion Development Hughes & Luce, LLP Carter and Burgess Bond Counsel. Vinson & Elkins A.l Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Council member Sterling gave the Invocation. A.3 Council member Lamont led the Pledges. A.4 Citizen presentations: Steven Kohs, 18 Overhill Drive, Trophy Club - Commended staff for their support and help with the Patriot Guard Project. John Kammerer North Texas Ride Captain of the Patriot Guard Riders - 141 0 Spring Meadow Drive, Allen -Thanked the staff and residents for their support and help with the Phoenix Project Escort on Saturday. Mayor Sanders thanked the citizens for their support. 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. Mayor Sanders pulled ltem B.3. Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, ltem B.l.and B.2. Motion passed unanimously without any discussion. B.l Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29, 2007. (Public Hearing Session) B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution changing the name of Marshall Creek Park. B.3 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Mayor Sanders indicated the words on the election ballot should have been included to the last sentence of the Ordinance amendment, and read the following as the amendment the Council would approve; "For signs located on non-residential or unplatted property, the minimum distance between single or multisided signs for each political candidate or issue on the election ballot shall be one hundred feet (1003." Motion made by Cates, seconded by Edstrom to approve with the Mayor's correction Motion passed unanimously without any discussion. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING. PUBLIC HEARING C.l Public Hearing: A request for Zone Change for an approximate 54.86 acre tract of land currently zoned MH - Manufactured Housing and an approximate 37.8 acre tract of land currently zoned R- 12 single family residential, (cumulatively 92.24 acres) to PD-28, Northwest High School No. 2, generally described as T. Calaway Survey, Abstract No. 272; T. Kelly Survey, Abstract No. 704, and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas Engineering, LLC., authorized agent of Northwest ISD. (ZCA-07-012) Public Hearing Opened at 7:11 p.m No one addressed council. Public Hearing Closed at 7: 13 p.m TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action relative to a request for Zone Change for an approximate 54.86 acre tract of land currently zoned MH - Manufactured Housing and an approximate 37.8 acre tract of land currently zoned R-12 single family residential, (cumulatively 92.24 acres) to PD- 28, Northwest High School No. 2, generally described as T. Calaway Survey, Abstract No. 272; T. Kelly Survey, Abstract No. 704, and J. Henry Survey, Abstract No. 529. Applicant: MJ Thomas Engineering, LLC., authorized agent of Northwest ISD. (ZCA-07-012) Applicant MJ Thomas was present. Motion made by Williams, seconded by Edstrom to approve Council member Lamont questioned the accessory structure. Mr. Thomas does not foresee the horse trail extending, however has included it just in case. Mayor Pro Tem Williams questioned the P & Z vote and asked the reason for the one vote against. P & Z Chairman Gene Hill said the Commissioner was not satisfied with the requirement when looking at this request as a land zone. Motion passed unanimously without further discussion. Mayor Sanders asked for objections to move up ltem D.8. No objections noted. D.2 Discuss and take appropriate action amending Resolution 2006-24 by amending to appoint one citizen to one seat on EDC 4A for the remainder of the unexpired term expiring in 2007. Mayor Sanders announced only one applicant submitted for this vacancy and EDC 4A has recommended Richard Bell to fill the vacant position. EDC 4A Director Neil Twomey said EDC 4A interviewed Mr. Bell on February 26th and were impressed with his past community involvement. Motion made by Edstrom, seconded by Lamont to appoint Richard Bell to EDC 4A to the unexpired term expiring in 2007. Council member Edstrom requested staff send past EDC 4A Minutes to Mr. Bell. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding the acceptance of the 2005-06 fiscal year end Audit. Neil Twomey said on behalf of the Ways and Means Advisory Group, the staff has implemented the corrected action necessary to address the weaknesses identified by the audit committee. Motion made by Edstrom, seconded by Sterling to approve Town Manager Emmons thanked Neil Twomey, the Ways and Means Advisory Group and staff for their hard work implementing the corrective actions. Emmons also acknowledged Council member Cates for recognizing some of the issues that were corrected. Emmons said the deficiencies in the travel and training policy would be addressed under ltem D.9 and $2,500 parameters had been established on the journal entries with approximately 600 journal entries made a month. Mayor Sanders and Mayor Pro Tem Williams thought it was inappropriate that the Auditors were not present. Williams questioned the cost to implement all of the controls listed in the Auditor's letter. Town Manager Emmons said in order to determine the cost, staff will need to look at their loss of productivity resulting from the newly implemented controls. Council member Cates felt the controls were basic and should not require that much more time. Cates is disappointed that these issues were included on the report as two years ago they were brought to previous Town management. Council member Edstrom hopes the items listed on the Auditor's report are not repeated items next year. Edstrom requested Town Manager Emmons let the Council know if the controls become too much for staff. Mayor Sanders commented ltem 4 was not on the Auditor's report last year and perhaps they will tighten different aspects each continued year. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action to appoint council to council or other appointed official to perform periodic, internal audits of procedures as related to procurement policies, journal entries and the travel and training policies. Mayor Sanders explained for quite some time Council member Cates has been reviewing procurement cards and providing a report to Town Manager Emmons for areas to address with staff. Sanders has been included on the correspondence, but updates have not yet been provided to the Council. As some of the newly implemented controls affect staff's time, the Ways and Means Advisory Group has volunteered to help monitor and would like to assist in this review. Motion made by Lamont seconded by Williams to appoint Council member Cates to continue in her periodic over-site and to provide updates to the Council. Council member Cates welcomes help and would like to continue to audit procurement cards on a monthly basis and spot check disbursements. Council member Edstrom is in favor of the review, providing the report identifies legitimate issues. Town Manager Emmons appreciates the over-site and asked that any issues identified be brought to him first so that he may address. Motion passed unanimously without further discussion. D.5 Discuss and provide input relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water. Town Manager Emmons explained the current swimming pool ordinance addresses clarity of water but does not provide a means for abatement which this amendment would allow for. If Council agrees with the language presented it will come back on the March lgth consent Agenda. Council member Lamont asked if this was limited to pools. Town Manager Emmons clarified it covers the accumulation of water on any private property with the intent for pools, but does not apply to the storm sewer. Community Development Director, Beth Ann Gregory said owners who fail to comply with these provisions would be notified in writing and given a period to comply before action is taken. Mayor Pro Tem Williams and Council member Edstrom believe the Ordinance should be more specific to the needs identified by staff; if the need is for pools the Ordinance should include a definition of a pool. No action taken, item posted for input only. D.6 Discuss and take appropriate action regarding the expenditure of EDC 4A funds for lighting and scheduling software for park facilities. Town Manager Emmons said EDC 4A recommended approval at their February 26'h meeting. Emmons explained the hardware and software package presented in the packet would allow staff to monitor and control the field's electrical usage for Independence Park and allows reservation ability for other park facilities. Parks and Recreation Director, Adam Adams added one part is a remote system which can be controlled by a lap-top or a cell phone and the other is the scheduling software that would allow scheduling for all parks facilities. Motion made by Edstrom, seconded by Cates to approve. Mayor Sanders noted the actual cost is $14,898.00 and asked what the recurring budget cost would be. Adams said $32.00 a month for lighting and $1,000 annually for Active Network with the first year waived. Adams estimated in the next three years the annual cost would be $3,000. Motion passed unanimously without further discussion D.7 Discuss and take appropriate action regarding Racial Profiling Report for 2006. Town Manager Emmons deferred to Police Chief, Scott Kniffen for the presentation. Police Chief Scott Kniffen began his presentation explained the Texas Legislature has directed that Texas Police Chiefs and Sheriffs collect statistics on citizen contacts and report the statistics to their local governments by March 1 of each year. Motion made by Lamont, seconded by Williams to approve the Racial Profiling Report for 2006. Williams amended his motion, correcting the total number of contacts as 2,043 with 29 juvenile contacts, the second agreed. Motion to approve as corrected passed unanimously without further discussion. D.8 Discuss and take appropriate action regarding The Highlands at Trophy Club Development and Public Improvement District Agreement. Town Manager Emmons spoke to the key benchmarks necessar to move forward. PD27 is scheduled to go before P & Z on March 15Ih and the Town Council on April 2": the total number of lots needs to be set in order to include in the PID agreement. The PID petition is also tentatively scheduled for April 2nd. Emmons would like to meet with the sub-committee prior to the Master District meeting on March 8Ih to discuss the refinements. Mayor Sanders asked Mr. Wilson if there had been any other discussions regarding the escalation of the assessment payment. Mr. Wilson said the level assessment would rise over time. Sanders is concerned about the Council's deadline to approve based on the questions of ownership between MUD 1 and MUD 2. Town Attorney, Patricia Adams said she has enlisted outside counsel for help on this issue. Essentially the Town is not obligated or liable for the delays. Misty Ventura from Hughes and Luce, LLP referenced section 4.2 and said as styled in the document, the water and waste water capacity does not obligate the Town until the contracts are finalized. Town Manager Emmons said the concept plan and parkland improvements were addressed at P & R meeting on February 27'h and he felt the Board was pleased with the amendments. Some of the trails may need to be relocated; the trail system and the lay out of the sports fields will be addressed during the developer's agreement. Emmons said the cost of the elevated water tank has increased and the Developer is still funding at 60%. Jim Wiegret explained the construction cost changed to 1.2M when re- evaluated and the contingency fund has been adjusted accordingly. Mayor Sanders said staff is researching a wireless network which would allow improved communications and when manufactured appropriately, water meters could also be added to the mesh network. Sanders appreciates the staff's hard work with the agreement refinements and asked if Council would be approving the breakdown or just the bottom line total. Patricia Adams understands there to be cushion on each item. Misty Ventura added the expectation of a public improvement is static and will not change the cost of improvements; however the estimates will be refined. There are several control points that could change the line items, but the aggregated total would stay consistent. Sanders suggested that the word Estimate by clearly marked on Exhibit B. Mayor Pro Tem Williams asked the possibility of making the timelines as projected. Town Manager Emmons commented there is still a lot of work to do, but staff is doing their best to hit as projected. Staff is also waiting on the due diligence report from MuniCap. Kirk Wilson asked if Council would consider, informally requesting Vinson and Elkins start the preparation of the bond documents, thinking this may help everyone see this piece and how it fits into the entire process. Misty Ventura explained that the Developer is looking for direction in order to move this process forward and does not have the expectations that it will come back to Council until some of the other benchmarks have been met. Council did not voice any concerns or questions on Exhibit B. Town Manager Emmons clarified that the money would go back in to acquire the debt should Council later decide to remove an item from Exhibit B. Bond Counsel Lila Marsh confirmed the improvements could be pre-paid. Mayor Sanders verified the agreement could be structured so that monies could be moved into the contingency fund and used for an item under the service and assessment plan and reminded the Council the levy defines of the benefit. D.9 Town Manager Emmons to update the Council and receive input on revisions to the Town's Personnel Policies, Chapter 108.00, Training and Travel. Town Manager Emmons said as a result of the Town's Audit, staff has revised the current Travel & Training Pol.icy. In an effort to avoid duplication and/or conflicting information, the Town intends to omit this reference section in the Procurement Card Policy. The proposed revisions includes: reference standards for dollar limits on amounts that will be reimbursed for various types of expenses, additional documentation requirement for reimbursement and an authorizations/approval process. Council member Cates likes the addition of GSA standards. Town Manager Emmons said the GSA rates are very generous and encourages supervisors and employees be responsible. No action taken, item posted as an update only. D.10 Items for Future Agenda. Mayors Sanders asked about the Ordinance removing uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected and the Ordinance impounding any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. Town Manager Emmons responded Chief Kniffen and Patricia Adams were working on these Ordinances. Council member Lamont questioned the status of the Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", Article Ill, entitled "Weeds", amending Section 3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches. Council member Sterling said this item could be removed. Mayor Pro Tem Williams asked when Council would take action regarding the Buxton proposal. Town Manager Emmons responded EDC's Public Hearing is scheduled for March 12'~ and the item will be on Council's March lgth Agenda. Mayor Pro Tem Williams requested a report on receipt of Appointed and Elected Official Handbook acknowledgement forms on March 19'~ and would like to discuss what action could be taken on those who have not returned the form. Council member Edstrom asked about the Ordinance establishing the Town's Emergency Management System. Fire Chief Danny Thomas explained the Town has an active plan with County and staff is currently working on the revisions. D.ll Reports. EDC 4A liaison, Council member Edstrom gave her report EDC 4B Liaison, Council member Sterling gave his report. Town Manager gave his report. E.l Adjourn. Motion made by Edstrom, seconded by Williams to adjourn Meeting adjourned at 9:30 p.m. i Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas