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Minutes TC 02/01/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 1, 2010 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 1, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Glenn Strother Susan Edstrom Philip Sterling Kathleen Wilson Bill Rose Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Kathy DuBose Finance Director Carolyn Huggins Planning and Zoning Manager Mayor White announced the date of February 1, 2010, called to order and announced a quorum at 7:00 p.m. Invocation was offered by Council member Sterling Pledges were led by Council member Wilson. CITIZEN PRESENTATIONS: Bonnie Seraphine, 14 Skyline Drive -Addressed the Council about the flooding and erosion on her property. Mayor White asked Staff to research this issue and provide their findings to Council. Staff will notify Ms. Seraphine when this item will be brought back to Council. John Dumbleton, 112 Park Lane -Asked the Council to consider amending the Overnight Parking Ordinance. Mr. Dumbleton lives on a very narrow street and cars permitted to park on the street sometimes block him from entering and exiting his driveway. Staff will review the Ordinance and determine if Council should consider an amendment to the Ordinance. Town Council Minutes dated February 1,2010 1 CONSENT AGENDA 1. 2010-37-T Consider and take appropriate action regarding the Minutes dated January 18,2010. 2. 2010-50-T Consider and take appropriate action regarding the Minutes dated January 21, 2010. Motion made by Edstrom, seconded by Sterling to approve the Consent Agenda, Items 1 -2. Council member Rose commended Deputy Town Secretary Shannon DePrater for her work on the Goals and Objectives presentation. Motion passed unanimously without any discussion. REGULAR SESSION 3. 2010-57-T Presentation of the first quarter report for 2009-2010 fiscal year through December 2009 and discussion of same. Finance Director Kathy DuBose provided an update of the first quarter report for 2009-2010 fiscal year through December 2009. Town Manager stated that 54 Building Permits have been issued to date compared to 41 from last year. The presentation will be on the website under the Resident Info/Presentations tab. 4. 2010-39-T Consider and take appropriate action nominating members to serve on the Citizen of the Year Committee. A. Each Council Member and the Mayor to select one nominee to serve on the Committee. The Volunteer Citizen of the Year Committee is scheduled to make a recommendation to the Town Council at their second meeting in March. The Committee will be comprised of one nominee from each Council Member and the Mayor, as well as past Volunteer Citizen of the Year recipients who are able to participate. Any member of the Selection Committee sharing a close, personal relationship with a nominee (such as a relative, etc.) should recuse themselves from the Committee. Mayor White explained that the Citizen of the Year information was advertised quite extensively as it was posted to the Marquees the entire month of January, included to News and Information Listservs sent on December 4, 11, 18, 23, 30 and the January 8, 15 and 22, published in the December 2009 and January 2010 Newsletters and published in the Trophy Club Times on December 30, 2009. Staff has received a total of five nominations. Three nominations received in the adult category and one youth was nominated twice. Mayor White nominated Margi Cantrell. Mayor Pro Tem Strother deferred his nomination to staff. Council member Rose nominated Penny Fuess. Council member Wilson stated that she tried to secure someone to serve but was unsuccessful. Council member Edstrom nominated Nancy Payton. Council member Sterling nominated Rob Schmitz and Doug Adkins. Town Council Minutes dated February 1, 2010 2 Mayor White moved Item 5 under Item 9. 6. 2010·56·T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, Authorizing the Issuance and Sale of Town of Trophy Club, Texas, Tax Notes, Series 2010, in the Aggregate Principal Amount of $560,000; Approving a Note Purchase Agreement and Engagement Letter; Levying a Tax in Payment thereof; Prescribing the Form of Said Notes; and Enacting other Provisions Relating to the Subject. Town Manager Emmons introduced Dan Almon from Southwest Securities and Bond Counsel, Julie Partain from Vinson & Elkins LLP. Mayor White stated in order to identify the most favorable financing method, the Town's Financial Advisor Dan Almon, with Southwest Securities, compared the costs associated with borrowing from a financial institution to that of issuing tax notes. Once proposals from financial institutions, including our local depository First Financial Bank, were reviewed, they were compared to the costs of issuing tax notes. Financing the purchases with tax notes yielded a savings of approximately $17,000. Dan Almon spoke to the potential savings of approximately several thousand dollars stating that the risk is on the lender not the borrower. Motion made by Edstrom, seconded by Rose to approve an Ordinance of the Town of Trophy Club, Texas, Authorizing the Issuance and Sale of Town of Trophy Club, Texas, Tax Notes, Series 2010, in the Aggregate Principal Amount of $560,000; Approving a Note Purchase Agreement and Engagement Letter; Levying a Tax in Payment thereof; Prescribing the Form of Said Notes; and Enacting other Provisions Relating to the Subject. Council member Rose questioned the blank page of the document referred to "Annex A, Schedule of Fees for Service as Paying Agent/Registrar". Julie Pertain said that she could delete "'Annex A" from the Ordinance. Council member Rose amended the motion removing "Annex A, Schedule of Fees for Service as Paying Agent/Registrar." the mover had no objections. Motion passed unanimously without any discussion. 7. 09·506·T Consider and take appropriate action regarding an Amendment to PD· Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007·15 P&Z by amending Exhibit "8" . Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses, and to discuss and consider adding Restaurant Design Guidelines to PD·27. Applicant: Centurion Acquisitions, L.P. (PO AMD·09·030) David Keener, representing Centurion was present. At Council's request and for Council's consideration standards are proposed in the attached "Restaurant Design Guidelines -Village Center" for any restaurants that might be brought forward for development in Village Center. If Council wishes to adopt these guidelines, staff proposes adding the guidelines to the PD-27 Village Center standards. These standards are in addition to the Architectural and Site Design Standards required in PD-27, as well as the Town of Trophy Club design requirements. The Planning and Zoning Commission approved this request, 6-1, on Thursday, December 3, 2009. Town Council Minutes dated February 1,2010 3 Motion made by Rose, seconded by Edstrom to approve an Amendment to PD-Planned Development District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit "B" -Development Standards, Section V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses, and to discuss and consider adding Restaurant Design Guidelines to PD-27. Applicant: Centurion Acquisitions, L.P. (PD AMD-09- 030) Council member Rose is favorably impressed with the work that has come forth from the Planning and Zoning Commission on this item. Mayor White agreed that the document on Restaurant Design was well documented. Mayor Pro Tem Strother stated that although this amendment eases the restrictions a little bit, Council should recognize that the strict architectural standards could discourage prospective buyers/tenants/restaurants. Motion passed unanimously without further discussion. 8. 2010-17-T Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools" by amending Section 15.02, entitled "Applicability and Prohibited Conduct"; providing for a penalty not to exceed two thousand dollars a day for a violation of the Ordinance; and providing an effective date. Mayor White explained that the Council requested that this Ordinance be amended at the January 4, 2010 meeting. The amendment is included in the backup. The permit application which was included in the previous Council packet is not part of Article XV of the Code of Ordinances; therefore, it has been revised administratively so that it is consistent with the new amendment. The FAQ's have also been updated. Ryan Chitwood, 10 Overhill Drive -Commended Council for the amendments made to this Ordinance in August 2008. Chitwood encouraged the Council to consider the Storm Water Management Plan before making any other amendments. Council member Rose reviewed the Ordinance and found internal conflicts, misplaced paragraphs under incorrect subjects and the application permit lists items specifically cited to the Ordinance, however two of the four items are not included in the Ordinance. Rose is in favor of amending tonight and will bring back a revised Ordinance after he reviews. Town Manager Emmons said that Staff has researched and is still looking at several different options regarding the discharge. A permit is still required if backwash is discharged into the street. The annual review of the Storm Water Management Plan is in August and Staff will address this at that time and will take care of the administrative issues noted by Council member Rose. Motion made by Edstrom, seconded by Rose to approve an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools" by amending Section 15.02, entitled "Applicability and Prohibited Conduct"; providing for a penalty not to exceed two thousand dollars a day for a violation of the Ordinance; and providing an effective date. Town Manager Emmons said that Staff will continue to publicize this information and suggested that Lee Graham from the Trophy Club Times consider an article relating to this subject. Motion passed unanimously without further discussion. Town Council Minutes dated February 1,2010 4 9. 2010·54·T Consider and take appropriate action regarding the purchase of a Dump Truck (Ford F650 Regular Cab) for the Streets Department, and authorizing the Mayor or her designee to execute necessary documents. Staff recommends the bid for the purchase of a Dump Truck be awarded to Philpott Ford in the amount not to exceed $58,003.26. Philpot is a BuyBoard vendor. Council member Rose was concerned about the bid being $10,000 more than what Council budgeted. Rose conducted his own research by calling the fleet vendor to verify the cost and upgrades. Rose questioned the purchase of a used vehicle from EBAY or Craig's List as opposed to a new vehicle, considering it would be used to haul concrete. The Procurement Policies require a bid if more than $25,000, however, Council can direct Staff to buy a truck with alternate means. Rose stated that he would like to review and revise the Purchasing policies. Council member Edstrom said that she was disturbed that a Council member would call a vendor without consulting Town Manager Emmons. Edstrom asked Council to consider the potential ramifications of this conduct had this been a closed bid. Edstrom is not comfortable with staff wasting time searching EBAY and Craig's list and hopes in the future, Council member Rose gives Town Manager Emmons a head's up before calling a vendor. Council member Edstrom called for the vote. Mayor White clarified that there were no bids as Philpot is a BuyBoard vendor. Council member Edstrom responded that there is appropriate protocol and questioned what would happen if all six Council members started interfering and making calls to vendors. Council member Wilson called point of order and questioned if this form of dialog was necessary. Town Manager Emmons explained that the Council issued debt tonight to pay for the dump truck. Staff is currently working with North Central Texas Council of Government and the Cash for Clunkers Program. Through this program NCTCOG, the Town can secure $10,000 for the old dump truck. Although the Town has been using the truck for over the past three years and making the repairs, the MUD holds the title. Town Manager Emmons asked the Council whether they wanted to purchase the truck as researched by the Staff and as they approved the issuance of debt. Town Manager Emmons asked the Council give Staff the opportunity and authority to buy a new dump truck, not to exceed $58,000. Mayor Pro Tem Strother stated in his experience dealing with equipment you have to consider pros and con when deciding to purchase old or new. What type of repair would be necessary for an older truck and what would the costs be. What types of challenges would occur to an older model should the Legislation change the emission standards which is likely, given the air quality issues. Council member Edstrom called the question. Motion made by Strother, seconded by Edstrom to approve the purchase of a Dump Truck (Ford F650 Regular Cab) for the Streets Department, and authorizing the Mayor or her designee to execute necessary documents. Motion passed unanimously without further discussion. 5. 2010·55· T Consider and take appropriate action regarding the rescheduling of dates for the March, April, and May 2010 Regular Town Council meetings. Mayor Pro Tem Strother will not be able to attend the March 1" meeting. March 15 th is Spring Break, and Early Voting is tentatively scheduled to be conducted in the Council Chambers the Town Council Minutes dated February 1,2010 5 last week of April and first week in May. Therefore Staff suggests moving the meeting in March and April to the second and fourth Monday and having only one meeting in May. Mayor Pro Tem Strother asked if the Council could meet in Regular Session on May 10, 2010 and then call a Special Session on May 17, 2010 in order to Canvass the Election. Council member Edstrom suggested the Council consider waiting until May to determine if a second Council meeting is necessary. Motion made by Edstrom, seconded by Strother to reschedule the Regular Town Council meetings to the following dates: March 8 and 22, 2010. Motion made by Edstrom, seconded by Sterling to reschedule the Regular Town Council meetings to the following dates: April 12 and 26, 2010. Motion made by Edstrom, seconded by White to cancel the May 3, 2010 meeting and rescheduled at a later date and with the timeframe for Canvassing the Election. All Motions passed unanimously without further discussion. 10. 2010-43-T Items for Future Agendas. Council member Edstrom asked for an item to review the approval process for EDC 4B expenses and for EDC 4B to make their annual update at the first Council meeting in April. Council member Rose added the following items: • Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools". • Consider and take appropriate action regarding contents of permit applications • Consider and take appropriate action regarding procurement policies and their alignment with State statutes. • Consider and take appropriate action regarding placing policies and procedures on the Town web site. 11. 2010-45-T Receive a progress report from Council Member Wilson regarding the January 19 and 25, 2010 TCMUD1 Meeting; discussion of same. Council member Wilson reported on the following: 1. Public hearing and subsequent vote regarding ethics complaint. 2. Update pertaining to fire station bond sale. 3. Discussion of January 25 and February 6 proposed Council/MUD joint sessions. 4. Fire Chief progress report relevant to Westlake services proposal. No action, update only. 12. 2010-44-T Mayor and Council Update regarding training opportunities, educational sessions, and regional meetings; discussion of same. Mayor White provided a brief update on her attendance at the following meetings and events: True Med Ribbon Cutting Town Council Minutes dated February 1, 2010 6 NLF Annual Meeting and Award Luncheon FitCities Kickoff Metroport Cities Partnership Chamber's Annual Awards Gala Denton Area Mayors Meeting No action, update only. Council member Rose stated his desire to attend TML's Budgeting for Performance Seminar in Austin the end of February. ADJOURN Motion to adjourn made by Sterling, seconded by Edstrom. Meeting adjourned at 9:04 p.m. ~J1nopt isa Hennek, Town Secretary Town of Trophy Club, Texas Town Council Minutes dated February 1,2010 (tonnie White, Mayor Town of Trophy Club, Texas 7