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Minutes TC 05/21/2007MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: I00 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 21,2007 7:00 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, May 21, 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 Gregory Lamont TOWN COUNCIL MEMBERS ABSENT: Philip Sterling STAFF AND GUEST(S) PRESENT: Brandon Emmons Sakura Moten-Dedrick Lisa Ramsey Patricia Adams Adam Adams Scott Kniffen Danny Thomas Mike Pastor Carolyn Huggins Gene Hill Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Finance Director Town Secretary Town Attorney Parks and Recreation Director Police Chief Fire Chief IS Manager Planning Coordinator Planning & Zoning Chairman A.l Mayor Sanders called the Regular Session to order at 7:07 p.m. noting a quorum was present. Mayor Sanders announced that Council Member Sterling was out on vacation A.2 Pastor Joel Quile, Lakes City Church of Christ gave the Invocation A.3 Conrad Staton of Troop 937 led the Pledges. A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Conrad Statonflrophy Club Boy Scout Troop 937, and congratulating him on his achievement of the Eagle Scout Award. Mayor Sanders read the Proclamation and introduced Conrad Staton. Motion made by Edstrom, seconded by Cates to approve the Proclamation Motion passed unanimously. Mayor Sanders congratulated Mr. Staton on his achievement and presented him with the Proclamation. A.5 Discuss and take appropriate action regarding a Proclamation declaring and supporting the Click it or Ticket campaign, May 21 through June 3, 2007. Mayor Sanders read the Proclamation Motion made by Williams, seconded by Edstrom to approve the Proclamation. Motion passed unanimously. A.6 Citizen presentations: Mayor Sanders read a statement saying that he was deeply saddened by the recent activities that might be called political zeal. Sanders said, "Politics may be defined as The often internally conflicting interrelationships among people in a society, does not mean that those involved in or supporting a campaign for public office should sacrifice integrity and courteous behavior for the sake of the cause. Sanders ended with a quote by Henry David Thoreau, "Things do not change; we change." Mayor Sanders read a statement submitted by Mayor Pro Tem Williams stating that Williams reluctantly pulled the agenda item dealing with the ethics violation on Matthew Graham. Williams said, "This item would be referred to the June 4th meeting he did not want to burden the new Council with what could be a contentious issue. A citizen has the right to say and write almost anything they desire under the laws of our land. This issue is not about freedom of speech, as Mr. Graham would have you believe, but rather about ethics and ethical behavior. The Council developed and put in place a Handbook for Elected and Appointed Officials in December 2006; one of the purposes was to help ensure a more civil atmosphere in all town proceedings." Williams' statement concluded with the hope that civil discussions on issues and not ridiculous letters in the newspaper may result in future elections. Matthew Graham, 116 Greenhill Trail South submitted a letter to be read into the record stating that this Council has fulfilled its responsibility, and paid its homage to that which is already a part of Trophy Club, that makes Trophy Club great. Dave Edstrom, 269 Oak Hill Drive submitted a letter to be read into the record. Edstrom requested that the Council remove Article 3, titled Conduct of Town Officials from the Town Handbook as it violates the First Amendment rights of free expression for those who serve on the Town volunteer committees. 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 Pro Tem Williams pulled Item B.3. Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Items B.1. 8.2, and B.4. Motion passed unanimously without further discussion B.l Consent Agenda: Discuss and take appropriate action to approve several name changes and the execution of signature resolutions for new Town Bank Accounts at First Financial Bank for the Grant Fund and HotelIMotel Fund by Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey and Nick Sanders. B.2 Consent Agenda: Discuss and take appropriate action to approve both a name change and the addition of new Town Bank Accounts at Texpool for the HotelIMotel Fund, Grant Fund, PID Fund and $474K Harmony Park Fund by Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey and Nick Sanders. B.3 Consent Agenda: Discuss and take appropriate action to approve the renewal of Beautification Funds in a Certificate of Deposit (CD) for six (6) months at a rate of 4.25% with First Financial Bank. Mayor Pro Tem Williams questioned if this was the best rate. Mayor Sanders said it is not the best rate; as a result of the RFP, it is the process of services being moved into First Financial Bank. Town Manager Emmons added several banks had higher CD rates and the Town only wanted six months. Motion made by Williams, seconded by Lamont to approve. Motion passed unanimously without further discussion B.4 Consent Agenda: Discussion and appropriate action to approve Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club and designating Sakura Moten- Dedrick, Finance Director, as the Liaison for the Town. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING C.l Public Hearing: Consider a Replat for 5 and 7 Stephen's Court, also described as Lots 9 and 8 of Estates of Hogan's Glen, Phase II. (RP-07-011) Public Hearing Opened at 7:33 p.m. Representative Agent Mark Carr was in attendance. No one addressed council. Public Hearing Closed at 7:34 p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action relative to a request for Replat for 5 and 7 Stephens Court, also described as Lots 9 and 8 of Estates of Hogan's Glen, Phase II. (RP-07-011) Planning and Zoning Chairman Gene Hill reported on April 19, 2007, the Commission recommended approval by unanimous vote. Motion made by Lamont, seconded by Cates to approve Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding a Resolution supporting passage by the Texas Legislature of House Bill 3181 regulating the obstruction of emergency vehicles by trains blocking streets, railroad crossings, or public highways. Mayor Sanders introduced Justin Assistant City Administrator, Virginia Blevins who helped draft this bill. Blevins gave a brief presentation of this House Bill which was changed to HB1757and showed a NBC 5 Newsclip featuring the obstruction of emergency vehicles by trains. Motion made by Edstrom, seconded by Lamont to approve. Council member Lamont recalled a law that limited the time a train engineer could drive before having a replacement. Ms. Blevins was unable to confirm if this is still a law and said that they are running more freight and running nose to nose so some trains have to pull over onto the side bars in order to allow the other to pass. The Railroads have allowed additional freight, but not the capital improvements to compensate for the additional freight. Motion passed unanimously without further discussion. D.3 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 advised that Staff is waiting for a letter from the CORP in order to move forward. No action; died for lack of motion. D.4 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. Town Manager Emmons explained the Ordinance requires the Town accept land donation in an amount of 5 acres or more. In the event that cash is accepted the value shall be calculated at a rate of one acre per forty four lots. 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. Motion made by Williams, seconded by Cates moved to refer to a future meeting. Council member Edstrom would like a better understanding of Mr. Price's offer. Motion to refer passed unanimously without further discussion. 0.5 Discuss and take appropriate action regarding a request from Allied Waste Services to adjust the holiday pick up schedule and regularly scheduled collection days. Town Manager Emmons introduced Jeri Harwell from Allied and said he would like to see Allied amend their contract with the schedule change that can be approved at a future meeting under the Consent Agenda. Ms. Harwell said Allied respectfully request this schedule change in order to better serve the residents. Mondays are so busy that it is often hard to get to all residents. If a holiday falls on Friday, pick up would be on Saturday, If a holiday is on a Monday, pickup will be Wednesday. Mayor Sanders asked about notification to the residents. Ms. Harwell said they will notify with door hangers. Town Manager Emmons suggested a July I"', effective date in order to get the notification out to the residents. Council member Edstrom questioned if Council understood the change. Ms. Harwell said one reason for the holiday change was so that their workers do not have to work every holiday, this shift will help Allied's level of service. Motion made by Cates, seconded by Lamont to approve. Mayor Sanders clarified the motion was to approve the regularly scheduled collection days to Tuesday and Fridays and for waste collection to be moved back one day during holiday weeks. Motion passed unanimously without further discussion D.6 Discuss and take appropriate action regarding a Resolution determining the total cost of the Town Of Trophy Club Public Improvement District No. 1 improvements (The Highlands At Trophy Club), preparing a proposed assessment roll, directing the filing of the proposed assessment roll, calling a public hearing to consider proposed assessments and providing for the publication of notice. Mayor Sanders recognized Mehrdad Moayedi from Centurion Development Group, Kyle Saulsman from Carter and Burgess and Robert Miklos from Hughes and Luce. Town Manager Emmons said this Resolution is one of the requirements for the PID. The project list has been cleaned up with firm cost. This Resolution will actually set the price allowing the Service and Assessment Plan to be created. If in the future the Resolution is rescinded the whole process would need to be started over, thus the addition of section 11. Mayor Sanders said Attachment A of the Resolution is the same as Attachment B of the PID Agreement. The Project list and percentage of the project allocated to the PID. The amount in the Resolution is the amount allocated to the PID not the total cost of the project. Town Attorney Patricia Adams understanding was that the Council would have another opportunity to review and debate the project list at the time the SAP was reviewed. Adams clarified that if Council approved tonight the project list would not be coming back for debate during the SAP phase and everything will be based on the figures in Exhibit A. Mayor Sanders added that Town Manager Emmons reviewed the May 7th tape and confirmed Town Attorney Adams' understanding was based on Kirk Wilson's comments at that meeting. Robert Mikleos explained the Council sets the assessment; the total cost now and hopefully on June 18'~ that figure will go into dividing the levied assessments for each parcel. The levy hearing fixes the specific assessment per parcel, and Council will have the opportunity to review and the ability to adjust the service costs through the annual review of the SAP over the next several years. If costs change Council could adjust the SAP, but at this time Council needs to determine a cost for preparation of the assessment. The assessment could go up only if it was determined that there was omission on something that had been left out, by another Public Hearing with a supplemental assessment. Mayor Sanders questioned if the cost of steel and concrete increase. Mikleos answered that a Public Hearing with a supplemental assessment would be necessary, but that the Developer's Agreement would cover some of the cost overruns and the developer would be on the hook. The contingency fund would compensate for some of the overruns. Lila Marsh from Vinson and Elkins said that she has studied the statue that relates to amendments to the plan and asked the Council to be mindful that the assessment on a homestead on the hills of residential development cannot be changed. Ms. Marsh said the Attorney General will look at the allocation from a procedural stand point, and as previously presented by Keenan Rice from MuniCap, these are only estimates at this time. Mayor Sanders reminded the Council that the Developer's Agreement still needs to be approved Trip Davenport from Bank of America Securities believes the cost overruns were addressed in the Developer's Agreement would be covered by the developer. Mayor Sanders said Town Manager Emmons and Town Attorney Adams have been very diligent in protecting the Town's residents. Sanders explained the May 21, 2007 Memorandum from Centurion Development Group that addresses the land acquisitions which are qualified items under the PID and describes how the funds will be used. Motion made by Edstrom, seconded by Williams to approve. Motion passed unanimously without further discussion D.7 Discuss and take appropriate action regarding a Resolution supporting the Safe Routes to School Program and approving the submission of a grant application for the 2007-2008 fiscal year. Mayor Sanders commented that the 5'h whereas clause should say within rather than with. Town Manager Emmons said the Safe Routes to School Program is a 100% Federal grant program designed to provide for alternatives to motorized transportation to school. The Town of Trophy Club, in conjunction with NlSD and the Town of Marshall Creek, will be applying for funds to construct sidewalks and controlled crosswalks near Medlin, Lakeview, and Beck schools. Motion made by Edstrom, seconded by Cates to approve with corrections. Council member Cates believes sidewalks are important and will promote safety but feels there are a lot of people on Trophy Club Drive that will not like sidewalks. Mayor Sanders noticed the Resolution does not include the City of Roanoke. Town Manager Emmons explained staff just received written consent from Roanoke today. Motion made by Edstrom; seconded by Cates to amend the last Whereas clause to include Roanoke after Marshall Creek. Motion passed unanimously with amendments. D.8 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 announced that staff still does not have the engineering seal, therefore no action would be taken tonight. No action taken D.9 Discuss and take appropriate action authorizing the Town Manager to execute an agreement for the purchase of a 2008 C4500 Type Ill Ambulance, to provide for financing, and to execute all necessary documents. Town Manager Emmons provided the Town has budgeted a $4,000 interest payment (based on an estimated total cost of $160,000) in the current year's budget, with full annual payments starting in FY08109. This ambulance will be the primary response vehicle, and the existing 1999 model ambulance will be relegated to reserve status. Emmons said staff recommends Council authorize the issuance of Contractual Obligations in the amount not to exceed $150,000 and proceed with the purchase for a 2008 C4500 Ambulance from Professional Ambulance. Motion made by Williams to refer to next Council Meeting in order to let the new Council make budgetary decisions. Council member Lamont clarified the basic cost is for this year's budget. Motion to refer died for lack of a second. Motion made by Edstrom; seconded by Cates to approve. Motion passed 3:1, with Williams opposing. D.10 Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the Special Crimes Investigator, in the amount of $71,600.00 from the 421 Criminal Justice Planning Fund, for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. Town Manager Emmons explained the Grant would allow for a new position of a Special Investigator in the Police Department to investigate all "cyber-crime" allegations, hold educational sessions on internet safety for schools and civic organizations, be trained in the forensic examination of data and computers, and investigate all sex crimes. Motion made by Edstrom, seconded by Cates to approve. Mayor Pro Tem Williams questioned what would happen after budget year 2007-08. Town Manager Emmons said the Town may apply for continued funding; however there are no guarantees for out years. Police Chief Kniffen said this position would also be funded to provide internet safety education to our schools. This is a three-year grant, with 100% match the first year, 80% the second and 60% the third. This grant does not permit a car allowance and most of the work will be done at the office. Council member Lamont questioned if the new Council should make this decision. Motion made by Edstrom, seconded by Cates to approve. Motion to refer made by Lamont; seconded by Williams. Council member Edstrom confirmed approval of this item is only allowing the Town to submit the proposal. Motion to refer was withdrawn by Lamont, the second agreed. Motion to approve passed unanimously without further discussion. D.ll Discuss and provide input regarding the RFP for a Police Department needs assessment. Town Manager Emmons explained the needs assessment will allow a consultant to examine the Town's needs and provide recommendations to the existing facility. Emmons provided that the needs assessment is necessary in order to accurately prepare for the next budget year. Council member Edstrom clarified that only the needs assessment would be approved, as not to encumber the new Council. Motion made by Lamont, seconded by Williams to approve Motion passed unanimously without further discussion D.12 Discuss and take appropriate action regarding a Resolution authorizing the Police Department to adopt a policy to allow the towing of vehicles if proof of liability insurance cannot be obtained. Motion made by Edstrom, seconded by Lamont to approve. Council member Cates requested a copy of the policy Motion passed unanimously without further discussion. D.13 Discuss and take appropriate action to approve financials for both March and April 2007 and to approve a variance report dated April 2007. Motion made by Edstrom, seconded by Lamont to approve. Mayor Pro Tem acknowledged staff for their hard work on the financials and variance report. Motion passed unanimously without further discussion. D.14 Discuss and take appropriate action regarding the regularly scheduled Town Council meetings for July. Town Manager Emmons said he was unable to receive input from one Council member and another preferred the July 2nd meeting be rescheduled. Mayor Sanders and Council members Edstrom and Cates are fine with either date. This Item will be placed on next agenda for consideration. D.15 Discuss and take appropriate action to approve Minutes dated, March 19, 2007 Motion made by Williams, seconded by Edstrom to approve. Motion passed 3:0:l, with Cates abstaining. D.16 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results of the General Election held on May 12, 2007. Motion made by Edstrom, seconded by Cates to approve. Mayor Pro Tem Williams congratulated Council Elects, Wilson and Moss. Williams expressed disappointment for the low voter turnout and encouraged the Town residents to become active in Town government by voting. Council member Cates would like to see larger voting signs Motion passed unanimously without further discussion D.17 Town Manager Emmons to designate an Acting Town Manager Town Manager Emmons appointed Fire Chief Danny Thomas as the Acting Town Manager D.18 Discuss and provide input regarding amendments to 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 would like to see the Ordinance language regarding the distance from the curb, right of way and easement clarified. Council member Edstrom's understanding of Ordinance 2007-10 approved on March 5th, 2007 was for allowance of only one sign per candidate, per seat on the ballot; if there are only two seats open a resident may only have two signs in their yard. Mayor Sanders and Council member Lamont disagreed with Edstrom's understanding. Council member Lamont asked what a resident would do if their family was divided on the candidates or if they live on a corner lot and did not want to offend anyone and asked that the designated official be clarified. Mayor Pro Tem Williams suggested that a definition of a multi-faceted sign be included. No action was taken. D. 19 Items for Future Agenda. Council member Edstrom requested the Elected and Appointed Official Handbook be added to the list for revisions to the Ethics Section. D.20 Discuss and take appropriate action to determine whether the May I lth complaint filed by Council Member Lamont against Bob Radder, a member of the Public Service advisory group and Zoning Board of Adjustment, on its face presents a violation of the Handbook for Elected and Appointed Officials Handbook for which sanctions, such as reprimand, formal censure, or loss of appointment would be appropriate in order to serve the legitimate goal of orderly governance, integrity, and public confidence in government. Motion made by Edstrom, seconded by Cates to postpone indefinitely. Mayor Sanders said the matter of postponing can be debated; if carried; this motion would in essence vote down the item and would not come back unless another complaint was received. Council member Edstrom believes taking this forward serves no public good for the Town of Trophy Club and reminded the Council she cautioned them of this section being used for political gain back when the Handbook was approved. Council member Cates read a statement regarding freedom of speech and requested that people take up personal vendettas on their own time and to use their position on the Council for what it is intended. Mayor Pro Tem Williams said he begrudgingly withdrew his complaint, especially after Mr .Graham's rendition of his Letter to the Editor last Friday. Williams believes the handbook was put into place to address violations and feels Mr. Radder's comments were offensive especially since they were made following the Mayor's statement. William's respects others opinions and is not talking about freedom of speech but ethical conduct. Council member Lamont explained this is not a personal vendetta and said Mr. Radder made untrue statements that violated the handbook, which was reviewed by the Town Attorney and approved by the Town Council. Kathleen Wilson, 34 Meadowbrook Lane - Believes Mr. Radder is protected under the 1'' Amendment. Joel Quile, 200 Durango - Appreciates the process that Council works through differences and issues. Neil Twomey, 203 Oakmont Drive - Believes the Ethics Section abridges his first amendment rights. Motion to postpone indefinitely tied 2:2, with Cates and Edstrom voting. Motion to postpone indefinitely passed 3:2, with Sanders, Edstrom and Cates voting for. D.21 Reports. a) EDC 4BLiaison, Council member Sterling was absent; no report given b) Council member Cates referred her report on periodic, internal audits of procedures as related to procurement policies, journal entries and the travel and training policies until the June 4'h meeting. c) Mayor Pro Tem Williams thanked past and current staff members for their hard work and diligence. Williams said he has enjoyed his six years on the Council and thinks it is important for there to be different voices in order to make the best decisions for the residents. d) Council member Lamont referenced his favorite quote, "if we wake up tomorrow everything will be fine." e) Town Manager Emmons gave his report. E.l Adjourn. Motion made by Williams, seconded by Lamont to adjourn. Meeting adjourned at 9:35 p.m. Town of ~robh~ Club, Texas Town of Trophy Club, Texas