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Minutes TC 12/06/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 6, 2010 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 6, 2010. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Margi Cantrell Council Member Larry Hoover Council Member JD Stotts Council Member arrived at 7:42 p.m. Glenn Strother Council Member arrived at 6:07 p.m. STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater interim Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Kathy Dubose Finance Director Carolyn Huggins Community Development Director Ed Helton Director of Street Services Mayor White announced the date of December 6, 2010; called the meeting to order and announced a quorum at 6:03 p.m. Mayor White explained that council member Stotts would be late. WORKSHOP SESSION - 6:00 P.M. 1. 2010-621-T Consider and provide direction regarding Code of Conduct/Ethics Ordinance. Mayor Pro Tem Rose recapped that at the last workshop session Council reviewed the document through Section 4 and that Section 6 was deleted. Council continued reviewing the document and making changes throughout the workshop. At the end of the workshop, Mayor Pro Tem Rose stated that he will make the changes as reflected from tonight's workshop and email to Town Attorney Adams for review. Council took a short break and reconvened into Regular Session. 2. 2010-640-T Discussion of other agenda items posted for consideration on the Regular Session Council Agenda for December 6, 2010. RECONVENE INTO REGULAR SESSION - 7:14 P.M. December 6, 2010 Regular Session Minutes The Invocation was offered by Police Chief Scott Kniffen. The Pledges were led by Council member Margi Cantrell. Mayor moved Agenda Item Number 10 forward. 10. 2010-624-T Consider and take appropriate action regarding an Ordinance amending Section 2.01 entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of the Code of Ordinances to re -appoint and extend the term of the current Presiding and Alternate Judges to January 2013. Judge Ransleben introduced himself and gave a brief background of Trophy Club Municipal Court. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance 2010-31 with striking the words "finds that the" in the second where as clause. Motion carried unanimously without further discussion. Mayor gave the Oath of Office and Statement of Appointment to Judge Eric Ransleben. PRESENTATION 3. 2010-626-T Informational presentation regarding the PID and status of Taussig disbursement review provided by Richard Spence; discussion of same. Richard Spence, from David Taussig & Associates provided a presentation on the background and status of The Town of Trophy Club's Public Improvement District (PID) # 1. Julie Partain, Bond Counsel from Vinson and Elkins was in attendance to respond to questions. The Mayor expressed her appreciation of Mr. Spence's presentation. Town Manager Slye stated he is in agreement with Council member Stotts' suggestion of having a PID Board meeting once or twice a year. Mayor White agreed that a PID Board meeting is needed to recognize the needs of the PID residents. Presentation only; no action was taken. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No citizens signed up to speak. CONSENT AGENDA All matters listed as Consent Agenda 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 White pulled Item #7 from the consent agenda. December B, 2010 Regular Session Minutes 4. 2010-551-T Consider and take appropriate action regarding the Minutes dated October 4, 2010. 5. 2010-588-T Consider and take appropriate action regarding the Minutes dated October 18, 2010. 6. 2010-611-T Consider and take appropriate action regarding the Minutes dated November 1, 2010. 8. 2010-635-T Consider and take appropriate action regarding interlocal agreement between the Town and penton County to provide Ambulance Services, and authorizing the Mayor or her designee to execute all necessary documents. 9. 2010-636-T Town Manager Slye to designate an Acting Town Manager. Motion made by Mayor Pro Tem Hose, seconded by Council member Stotts, to approve consent agenda items 4-6 and 8-9 as presented. Motion carried unanimously without further discussion. 7. 2010-622-T Consider and take appropriate action regarding the Minutes dated November 15, 2010. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve the November 15, 2010 Minutes as amended. Motion carried unanimously without further discussion. REGULAR SESSION Mayor moved Agenda Item Number 19 forward. 19. 2010-625-T Consider and take appropriate action regarding the award of a Contract for Municipal Court Collection Services, and authorizing the Town Manager to execute all necessary documents. Town Manager Slye shared that four proposals were opened on Friday, December 3, 2010. Staff's recommendation is to award a Contract to McCreary Veselka Bragg & Allen, who is currently the Town's delinquent tax collection attorney, Slye continued by informing Council that cost is not an issue; the law allows collection agencies to assess a 30% administrative fee to fees collected; the collection agency gets the 30% and the Town receives the full court fee. Motion made by Council member Strother, seconded by Council member Stotts, to award a Contract for Municipal Court Collection Services with McCreary Veselka Bragg & Allen per Staff's recommendation. Council member Cantrell asked how the Scofflaw and this contract will work together. Questions arose regarding the wording of the agenda item and the fact that there was no contract in the backup. Council member Stotts called the question. Mayor White called for a vote on the motion to award the contract. Mayor Pro Tem Rose stated point of order, Council must first vote on the calling the question. Mayor White called for a vote on the calling the question; vote was unanimous. Motion to award contract passed unanimously. December 6, 2010 Regular Session Minutes 11. 2010-575-T Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 4, Phase 2A (24.80 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP -10-036) A. Subdivider's Agreement - Consider and take appropriate action regarding a request for approval of a Subdivider's Agreement for Neighborhood 4, Prase 2A. The final plat document was reviewed in accordance with the approved subdivision regulations as well as the approved development standards as set forth in Planned Development District No. 27. The plat meets the regulations and Staff recommended approval of the Final Plat of Neighborhood 4, Phase 2A. The Planning and Zoning Commission considered this case on October 21, 2010 and unanimously voted to approve. Motion made by Council member Cantrell to approve the Final Plat for Neighborhood 4, Phase 2A (24.80 acres) located in The Highlands at Trophy Club; seconded by Council member Hoover. Amended motion made by Mayor Pro Tem Rose to include the subdivider's agreement; seconded by Council member Hoover. Motion carried unanimously, First motion carried unanimously without further discussion. 12. 2010-627-T Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas Amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas; Providing for the Incorporation of Premises; Providing for an Amendment (Budget Amendment No. 6 Making A Supplemental Appropriation In Accordance With The Town Charter); Providing a Savings and Repealer Clause; Providing for Severability; Providing for Engrossment and Enrollment; and Providing an effective date. The 2009-2010 Fiscal Year Budget included estimated engineering fees associated with development plan review for the Highlands' Neighborhoods 1, 5 and 6. In July 2010, the developer also submitted Highlands' Neighborhoods 3 and 4 for review. The attached ordinance amends the 2009-2010 budget by appropriating $6,000 of the additional Highlands' developer's fee to cover the engineering costs associated with the development plan review for Neighborhoods 3 and 4. Management recommended approval. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance 2010-31 amending the FY 2009-2010 Budget. Motion carried unanimously without further discussion. 13. 2010-628-T Consider and take appropriate action regarding an Ordinance of The Town of Trophy Club, Texas amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas; Providing for the Incorporation of Premises; Providing for an Amendment (Budget Amendment No. 7 Making A Supplemental Appropriation In Accordance With The Town Charter); Providing a Savings and Repealer Clause; Providing for Severabillty; Providing for Engrossment and Enrollment; and Providing an Effective Date. The 2009-2010 Fiscal Year Budget included estimated revenues and expenses associated with trash removal and recycling. On January 18, 2010 the Council approved a rate increase with Allied Waste. In addition, the Town also experienced unanticipated growth in residential housing which impacted the level of trash removal and recycling. The attached ordinance amends these revenue and expense budgets for the unanticipated increases. Management recommended approval. Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve Ordinance 2010- 32 amending the FY 2009-2010 Budget. Motion carried unanimously without further discussion. December 6, 2010 Regular Session Minutes 4 14. 2010-448-T Consider and take appropriate action regarding an Ordinance relative to the Town's participation in TMRS by authorizing the Town to make current and prior service contributions to the Town's account in the Municipal Accumulation Fund of TMRS; and providing an effective date. The Texas Municipal Retirement System (TMRS) was established by legislators in 1947 and is administered in accordance with the Texas Municipal Retirement System Act (Texas Government Code, Title 8, Subtitle G). Trophy Club is one of more than 800 Texas municipalities which make up TMRS. The Trophy Club Municipal Utility District No. 1 employees are allowed to participate in TMRS through the Town of Trophy Club. In 2009, during the 815' Legislative Session, the Texas House and Senate unanimously voted to make several changes to the system to ensure its long-term future soundness, including changes in the system's investment program, as well as, actuarial methodology. These updates were completed in the summer of 2010 and require member cities/towns to approve an ordinance incorporating the changes by January 1, 2011. Management recommended approval. Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve Ordinance 2010-33. Motion carried unanimously without further discussion. 15. 2010-623-T Consider and take appropriate action regarding an Ordinance approving a Code of Conduct 1 Ethics Ordinance and establishing an Ethics Commission. Town Manager Slye recommended Mayor Pro Tem Rose clean up the provisions discussed earlier and forward to Town Attorney Adams and Staff will place on the next agenda for approval. Mayor Pro Tem Rose concurred and also requested help from Council member Cantrell to make sure he is on track. 16. 2010-653-T Consider and take appropriate action regarding a Resolution approving the proposed terms of a settlement between the Town and Travelers Companies Inc., relative to a bond claim on the Contract for Paving, Grading and Utility Improvements for the Highlands of Trophy Club Master Improvements Phase 2; authorizing the Town Manager to finalize settlement documents and to execute all necessary and related documents; and providing an effective date. Town Manager Slye shared that there are several areas of road failure in the PID addition and surrounding areas; the company that laid the roads is now bankrupt and the maintenance bond has expired; however Travelers Surety Company is currently responsible to repair these failures. Travelers Companies, Inc. is working with Tri Dal Utilities, LTD. Tri Dal will guarantee their work for one year after Staff accepts the work. Slye recommended that Council approve this Resolution authorizing him to enter into a settlement agreement. Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to approve Resolution 2010-25. Motion carried unanimously without further discussion. 17. 2010-652-T Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas, authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an extension to the current electric supply services agreement with Next Era for a fixed price through 2018; authorizing the Chairman of CAPP to execute an extension to the current Electric Supply Agreement for deliveries of electricity effective January 1, 2011 or as soon as possible thereafter; committing to budget for energy purchases for Town electrical needs; and providing an effective date. Town Manager Slye recommended that Council not approve this Resolution; the contract terms are too long and prices have already fallen below the current contract. December 6, 2010 Regular Session Minutes Council member Hoover expressed he is also not in favor of long contracts. Council took no action; Resolution failed. 18. 2010-620-T Consider and take appropriate action regarding approval of a Roundabout at Trophy Club Drive and Trophy Lake Drive intersection. As presented at the November 15, 2010, Council meeting, the Town Engineer, Tom Rutledge, Teague Nall & Perkins, explained the analysis of the existing intersection operations at the all -way stop located at Trophy Club Drive and Trophy Lake Drive intersection. Intersection operations are rated on a Level of Service (LOS) scale of A to F with A representing a best case scenario and F representing a failure of the intersection traffic flow. The existing intersection operates at LOS "C" in the AM peak and LOS "B" in the PM peak. However, by 2014, the intersection can be expected to experience congested operations during the AM and PM peak hours under all -way stop control (LOS "F" in the AM peak and LOS "D" in the PM peak). An alternative for dealing with the expected congestion is to provide a continuous flow roundabout intersection which operates with all entering traffic yielding to the circular roadway and then circulating to exit on the desired departure. Roundabout configurations were presented to the Council on November 15, 2010, with a recommendation for Configuration B with an added by-pass right turn lane in the southwest corner. This configuration will provide a LOS of C or better under 2014 expected conditions with room for some growth. The probable construction costs for the roundabout Configuration B with an added by-pass right turn lane were included in the meeting packet. The cost opinion is based on the layout and configuration that was presented at the Council meeting on November 15, 2010. It includes a 15% contingency of approximately $95,000 to allow for detailed final design once right-of-way (ROW) has been acquired. A right-of-way exhibit is attached. The exhibit shows the approximate amount of ROW that would be required for the roundabout improvement. Cost for purchase of ROW is not reflected in the project budget. The developer for Trophy Club Commons has indicated a willingness to dedicate ROW for his portion. The other land owners will need to be contacted for acquisition of ROW. The cost opinion for improving the intersection to a traffic signal was also included in the meeting packet. This estimate includes pavement reconstruction for Trophy Club Drive and Trophy Lake Drive. The estimate does not include the cost of an annual maintenance contract (for programming, timing and maintenance). Town Manager Slye stated there was one reason for this item — Council needs to provide direction. Motion made by Mayor Pro Tem Rose to move forward with investigations of roundabouts with the frame of what was discussed at the November 15, 2010 Council meeting; seconded by Council member Hoover. Motion carried unanimously without further discussion. 20. 2010-629-T Consider and take appropriate action regarding financial and variance report dated October 2010. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve the financial and variance report dated October 2010 as presented. Motion carried unanimously without further discussion. 21. 2010-630-T Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the remainder of December 2010. December 6, 2010 Regular Session Minutes Motion made by Council member Cantrell; seconded by Council member Hoover, to not meet on December 20, 2010. Motion carried unanimously without further discussion. 22. 2010-631-T Town Manager Slye's update regarding the following; discussion of the same. - CFAB Update - Special Events Ordinance - Citizens Survey Update Town Manager Slye updated the Council and answered questions. Slye wished Council and Staff a Happy and Safe Holiday Season. No action taken, update only. 23. 2010-632-T Mayor and Council. Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Meetings Attended by Council: North Texas Commission's (Signature Series) - Transportation Summit — representation from federal, state and county - Regional Trail Connectivity - Social Media Webinar - Obesity Prevention Policy Council Luncheon (Council member Cantrell) - Denton County Towns and the Texas Pipeline Association Luncheon (Mayor Pro Tem Rose) Mayor White, Mayor Pro Tem Rose and Council member Cantrell gave brief updates of the meetings they attended. No action taken, update only. 24. 2010-633-T Receive Mayor Pro Tem Rose's liaison report regarding the November 16, 2010 TCMUD No. 1 Meeting; discussion of same. - North Texas Ground Water Association - Trinity Well - Water Storage Mayor Pro Tem Rose updated the Council with regards to the November 16, 2010 TCMUD No. 1 meeting and addressed questions. No action taken, update only. 25. 2010-634-T Items for Future Agendas This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayor White asked that Item 92 be removed since it will be on the next agenda. No items were added. December 6, 2010 Regular Session Minutes 7 Interim 'Town Secretary Shannon DePrater excused herself from the Executive Session Chambers prior to Council convening into Executive Session. Council convened into Executive Session at 9.56 p.m. EXECUTIVE SESSION 26. 2010-637-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Discussion regarding the hiring of a Town Secretary Council reconvened into Regular Session at 10:30 p.m. RECONVENE INTO REGULAR SESSION 27. 2010-638-T Consider and take appropriate action regarding the Executive Session. Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to proceed forward with the hiring process of a Town Secretary as discussed in executive session. Motion carried unanimously without further discussion. ADJOURN Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to Adjourn. Meeting adjourned at 10:30 p.m. rt4haill.,flml ftIA 01JA A� Shannon DePrater, Interim Town Secretary donnie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas December 6, 2010 Regular Session Minutes