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Minutes TC 09/13/2010 - Special SessionMINUTES FROM BUDGET WORKSHOP/SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 13, 2010 6:00 P.M. Svore Municipal Building Boardroom STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular Session on Monday, September 13, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Glenn Strother Council Member Larry Hoover Council Member Margi Cantrell Council Member JD Stotts Council Member arrived at 7;06 p.m. STAFF AND GUEST(S) PRESENT: Stephen Seidel Acting Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Adam Adams Parks Director Carolyn Huggins Community Development Director Mike Pastor Information Systems Director Mayor White announced the date September 13, 2010 call to order and announced a quorum at 6:05 p.m. Mayor White announced that Regular Session is estimated to begin at 7:30 p.m. and that Council member Stotts would be late. Mayor White confirmed that should the Council wish, they can start the Regular Session at 7:30 p.m. and come back to budget afterwards. WORK SESSION 1. 2010-457-T Town Council Budget Discussion; discussion of the same. (Presentation attached) Finance Director DuBose went over Property, Effective, Rollback, Trophy Club Average home values and the proposed tax rate. DuBose gave an update regarding the Revenues and Expenditures year to date and provided estimated changes through the month of August, covered Park and Recreation Expenses, Compensation, Compensation Increases history and the Capital Improvements Five Year Program. Minutes dated September 13, 2010 orcrer To-aaaruss. Mayor White suggested the Council set aside $15,000 for Town communication. Council member Hoover likes the insert in the water bill and confirmed the charge at $200 - $300 per month. Council member Cantrell stated that the Council needs to consider a newsletter, but perhaps not on a monthly basis. Cantrell also agreed with Acting Town Manager Seidel about the paradigm shift. The Council needs to wait until it is determined how to best spend the money. Minutes dated September 13, 2010 2 Motion made Council member Strother, seconded by Council member Cantrell to approve the Consent Agenda, except Items 4, 6, 8 and 9. Motion passed unanimously without any discussion. Council member Stotts corrected Item 2010-435-T Discussion of the City of Roanoke cost estimates for providing Police Services to the Town. "Council member Stotts said that he wanted to bring this up to Council in private first, however the Public Information Act prevented him from doing so. Stotts stated that it is unfortunate that the Council and residents cannot have a civilized discussion regarding the needs of the Town. The crowd interrupted Council member Stotts and cancelled his presentation." Motion made by Council member Cantrell, seconded by Council member Stotts to approve the Minutes dated August 16, as amended. Motion passed unanimously without further discussion. 10. 2010-445-T Consider and take appropriate action regarding the Minutes dated August 23, 2010. PUBLIC HEARING The Public Hearing opened 7:46 p.m. 11. 2010-446-T Town Council to conduct 1st Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2010 to September 30, 2011 and Mayor to announce the date, time and place of the vote on the tax rate. Mayor White stated the following for the record: On September 27, 2010, the Town Council will hold a Public Meeting to adopt a 2010 tax rate that will exceed the lower of the rollback rate or the effective tax rate. As required by law, Public Hearings on a tax increase will be held on September 13, 2010 and September 20, 2010. No speakers addressed the Council. The Public Hearing closed at 7:46 p.m. EXECUTIVE SESSION 12. 2010-454-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 "Consultation with Attorney" to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act: A. Legal advice regarding the Updated Service and Assessment Plans for the Trophy Club Public Improvement District #1 and related development matters. The Town may admit to the closed meeting various agents and representatives retained by the Town of Trophy Club as experts servicing PID #1. Those agents and representatives will provide information necessary for the Town Council to have full and unrestrained communication with its attorneys. The presence of such agents and representatives is necessary for full communication between the Town and its attorneys, as allowed by Texas Attorney General Opinions, including without limitation, Opinion No. JM -238. TIME ENTERED 7:49 p.m. TIME RECONVENED INTO REGULAR SESSION AT 8:29 p.m. Minutes dated September 13, 2010 5 RECONVENE INTO REGULAR SESSION 13. 2010-456-T Consider and take appropriate action regarding the Executive Session. No action taken. 14. 2010-438-T Consider and take appropriate action regarding the approval of a Final Plat for Neighborhood 8, Phase 1 (20.175 acres) located in The Highlands at Trophy Club at the northeast corner of Trophy Club Drive and Trophy Park Drive. Applicant: Jacobs on behalf of Lennar Homes of Texas. (FP -10-032) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 8, Phase 1 of The Highlands at Trophy Club, between the Town and Lennar Homes of Texas. Mayor White stated that this property is currently vacant. A preliminary plat was approved for The Highlands at Trophy Club Neighborhood 8 on May 17, 2010. The zoning of PD -27 was approved by the Town Council on May 8, 2006, Ordinance No. 2006-11 P&Z, and amended and replaced in its entirety on April 2, 2007 by Ordinance No. 2007-15 P&Z, and has had several amendments since that time. Mayor Pro Tem Rose clarified that this is a required item and the trail will be accomplished with the second phase of the development. Community Development Director Huggins advised that the developer and the Parks Department will make sure that it is ADA compliant. Council member Cantrell confirmed that the HOA will take control. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to approve of a Final Plat for Neighborhood 8, Phase 1 (20.175 acres) located in The Highlands at Trophy Club at the northeast corner of Trophy Club Drive and Trophy Park Drive. Applicant: Jacobs on behalf of Lennar Homes of Texas. (FP -10-032). Mayor Pro Tem Rose amended the motion to include approval the Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement for Neighborhood 8, Phase 1 of The Highlands at Trophy Club, between the Town and Lennar Homes of Texas. The second agreed. Motion passed unanimously without further discussion. 15. 2010-439-T Consider and take appropriate action regarding approval of a Final Plat for Waters Edge at Hogan's Glen, Phase 2A (13.616 acres) located in Planned Development No. 22 (PD -22). Applicant: Jacobs on behalf of BDMR Development, LLC (FP -09-029) A. Subdivider's Agreement. Consider and take appropriate action regarding approval of a Subdivider's Agreement between the Town and BDMR Development, LLC, for Water's Edge at Hogan's Glen located in PD -22. Mark Carr - 8 Katie Lane — Asked that Council delay the vote on this for a few weeks until it was ironed out. Mr. Carr owns a lot just south of the area being platted and claimed that the retaining wall that the applicant plans to build with this plat will impact his lot by placing more water on the lot he owns. Mayor White confirmed that the retaining wall has not yet been designed or approved yet. White wants to be really sure that more issues will not be created by this. Minutes dated September 13, 2010 6 Jim Wiegert from Jacobs Engineering explained the process for development and for developing along a FEMA flood plain. The existing FEMA study was obtained, the land surveyed, and there was a series of simulations for the proposed sections for cut and fill. The affect is that the elevation is not being raised and there is a slight drop along this area. Council member Cantrell asked who is responsible if the wall fails down the road. Mr. Wiegert confirmed that part of the wall of the road/infrastructure is privately owned by the HOA. Grading is performed by each developer. Wiegert understands Council not wanting to remove all of the trees; however, this could result in a drainage issue. Wiegert stated that the builder will have to adhere to the building inspections and permitting. Mayor White would like for information and time to understand the drainage issues as she has serious concerns. White asked if it would hurt if the Council held this off for a bit. Steve Lenart stated that the licensed engineer and the Town's Engineer have all given the necessary approvals and meet the requirements of the plat. Lenart stated that they can wait a couple of weeks but that is all as they have to answer to the developer. Steve Lenart stated that he is happy to set up a meeting with the Town's Engineer. Council member Cantrell realizes that the Council is not going to make everyone happy and concurs that there needs to be a few meetings to see whether an agreement can be made that will satisfy many. Staff confirmed that Mr. Carr does not have an engineer, but rather a surveyor. Acting Town Manager Seidel asked if there were any additional concerns that the applicant and engineer need to address prior to bringing back to the Council. Mayor White stated that this is purely a drainage issue and concern. The Council needs to spend time going through it to have a better comfort level. The Council needs more education on the flood plain. Seidel stated that from a platting perspective, Mr. Wiegert needs to know what Council's specific questions are so that when this item comes back, Wiegert can answer all of the Council's questions. Nick Sanders, 7 Hayes Court — As a resident, he appreciates the Council's concern over this issue, but spoke in favor of approval. Sanders recognized that Mr. Carr has not gotten all of his answers, but should be comfortable with the technical data. There are multiple professionals and registered engineers who have reviewed this and will stake their license on this. Town Engineer Tom Rutledge stated that the Town has certified flood plain managers, who deal with creeks and flood plans, and master creek plans. These professionals have reviewed the data submitted by Jacobs and the fail safe is when you get to FEMA. It usually takes six to nine months to get comments back from FEMA as they are very strict and critical. Rutledge thinks that there is a difference in the methodology of what was developed by Mr. Carr and the Town's professional staff. Rutledge pulled up the GIS from Denton County and it shows the flood plain on the Carr property, however a surveyor did provide certification as such. The item being presented tonight has met the test and there is no reason or cause to doubt what has been presented. Council member Strother understands the concern with the retaining wall but is comfortable moving forward. Mayor White recognized that there are still items open to be resolved and that a meeting with Mr. Carr needs to happen. The final design is not approved yet and will come back to Council so they get one more look at this. Community Development Directors Huggins asked that Council not approve the Subdivider's agreement tonight as staff will bring this back at a later time. Council member Cantrell confirmed that if the motion to approve did not pass, the developer would have to start the whole process over in a replat. Cantrell confirmed that a postponement was better than a denial. Council member Strother withdrew his motion; Council member Stotts withdrew his second. Minutes dated September 13, 2010 7 Motion made by Council member Cantrell, seconded by Council member Strother to refer to the September 27, 2010 meeting. Cantrell encouraged people to ask the questions that they needed answered in order to feel comfortable. Mr. Rutledge will be out of the office and unavailable for the meeting; however the Engineer on staff will facilitate the meeting so that this does not get delayed any further providing Mr. Carr agreed to have his engineer available with data. Community Development Director Huggins asked Mr. Carr for commitment to be available in the next the next two weeks. Mr. Carr committed. Nick Sanders noted that the Council would be short two Council members on September 27, 2010 and approval of this item would require an unanimous vote. Council member Hoover confirmed that Mr. Carr's lot was in the flood plain before this was proposed. Mayor White questioned if the Council was correct in delaying and was unsure what would be accomplished in delaying this approval. Steve Lenart stated conformance with the platting process. Motion to refer failed 2:4, Mayor Pro Tem Rose and Council member Cantrell voting for and Mayor White and Council member Stotts, Hoover and Strother voting against. Council member Stotts is comfortable approving and said that he will second Council member Strother's original motion. Motion made by Council member Hoover, seconded by Council member Stotts to approve of a Final Plat for Waters Edge at Hogan's Glen, Phase 2A (13.616 acres) located in Planned Development No. 22 (PD -22) with a commitment to work with Mr. Carr to understand his issue and that the sub -divider's agreement will come back later. Motion passed unanimously without further discussion. No action taken on the Subdivider's Agreement. 16. 2010-449-T Consider and take appropriate regarding the award of bid for the Safe Routes to School Project to Ken Do Contracting, LP in an amount not to exceed $318,857.50, and authorizing Acting Town Manager Seidel or his designee to execute necessary documents. The Safe Routes to School grant application was approved by the Town Council in June 2007. Since that time, there have been approximately 15 public meetings regarding this item, including three joint meetings with NISD Parent Teacher Organization (PTO) and two Town Hall meetings. Dr. Karen Rue, NISD Superintendent has also provided a letter of support for the project. Attached are a detailed history and Dr. Rue's support letter. Project bids were opened on June 7, 2010. Trophy Club recommended the award to TxDOT on June 10, 2010 and received TxDOT's letter of concurrence on June 25, 2010. Over the past two months, Staff, Halff engineers, and TxDOT have resolved the change order issue, as well as attempted to accommodate for any trees that were previously in the sidewalk's path. Staff also met with The Lakes HOA President to discuss the project, and resolved any outstanding issues with the neighborhood association. Additionally, Staff would like to emphasize that there are no current plans to eliminate the traffic calming lane located along Trophy Club Drive. From a trails and sidewalk perspective, once a sidewalk is installed along Trophy Club Drive, residents will be able to walk from Indian Creek to Trophy Club Park and eventually into Roanoke. Residents and visitors would also be able to safely walk from Westlake to Roanoke when the 26 acre tract is developed. Minutes dated September 13, 2010 8 Staff recommends awarding the bid to Ken Do Contracting, LP in the amount of $318,857.50. The contract is for 170 days, and Staff will work with Ken Do to develop a construction timeline and plan in order to avoid as much construction as possible during the holidays that would impact residents. Nancy Payton, 219 Oak Hill Drive — submitted a letter in support. Susan Edstrom, 269 Oak Hill — deferred until after Council's debate. Mike Conklin, Security Coordinator NISD — Spoke in favor of the SRTS Project and stated that it is an honor just to receive this Grant. Laura Bathgate, 11 Wentworth Court - submitted a letter in favor. LC Crowley, 410 Lakewood Drive — Spoke against stated that this concept as it was pitched that it was a free project at the last Town Hall meeting. Crowley does not believe it will be used by children to go to school and thinks that bikes will end up on the sidewalks. Mayor White confirmed the cost of $318,000 is covered by the grant. The money expended by the Town for the engineer has been reimbursed. Nick Sanders, 7 Hayes Court — Spoke in favor and asked residents to look broader than just Trophy Club Drive and the ability for people to walk all over the Town. The calming lanes were not intended to be walking lanes and the values of the homes will increase with sidewalks. Lynda Sanders, 7 Hayes Court — Spoke in favor, Mrs. Sander thanked the Former Town Manager and the Acting Town Manger for their enthusiastic attitude in saving tax payers' money. Make decision for the benefit of the majority and should be made with safety as the priority. Grant Coats, 123 Trophy Club Drive — Spoke against as this will result with a sidewalk in the front of his house. Coats stated that only one or two residents wanted sidewalks and disagreed that it will raise property values as that is only speculation. This is only an extension of the trail plan. Greg Lamont, 15 Avalon Drive — Asked the Council to consider safety. Mayor White stated that she lives on Trophy Club Drive and realizes how hard the reconstruction will be, however she is in favor of the sidewalks. Acting Town Manager Seidel stated that this item refers to the award of the contractor, not approval of the project as that occurred in 2007. There are financial consequences should Council not proceed with the project. The engineers have worked so that the project would not impact trees. LC Crowley did not understand that this project was approved in 2007 and it certainly was not made clear during the Town Hall meeting conducted two weeks ago regarding this project. Staff clarified that if the Town does not proceed with the project, the Town will owe TxDOT approximately $55,000. Acting Town Manager Seidel will speak to Ken Do Contracting, LP regarding the timeline as not to affect these folks during the holidays. Council member Cantrell confirmed that irrigation is included and that adjustments will fall back on the contractor, with a maintenance warranty of two years. Motion made by Rose, seconded by Hoover, to approve the award of bid for the Safe Routes to School Project to Ken Do Contracting, LP in an amount not to exceed $318,857.50, and authorizing Acting Town Manager Seidel or his designee to execute necessary documents. Minutes dated September 13, 2010 9 The Council asked Staff to provide intense communication and education to the residents regarding this project and the need for safety due to the sidewalks. Mayor Pro Tem Rose commented that this is a number one legacy priority of the Town Council is Safety and Security. Motion passed 4:0:2, with Council members Cantrell and Stotts abstaining. Per Town Charter, a vote to abstain is counted as a "no" or negative vote on the item. 17. 2010-481-T Consider and take appropriate action regarding the creation of a Code of Conduct/Ethics Ordinance and the establishment of an Ethics Commission. Mayor Pro Tem Rose and Council member Cantrell requested to postpone this item. Cantrell stated that the backup indicated that the Staff had not received the backup information in adequate time to review and she would like to give the Staff time to review first. Cantrell suggested allowing citizen comments and referring the discussion to the next meeting. Andrew L. Bell, 4 Michelle Court — Submitted a letter against. Dave Edstrom, 269 Oak Hill — Spoke against stating that this is ongoing liberal reflection of Charter Commission and reflects a total lack of the understanding. The draft will cost the Tax payers real money to maintain the records and volunteers will no longer volunteer due to invasion. Nick Sander, 7 Hayes Court — Spoke against and mentioned a series of concerns. Section 5, Item 1 of the draft Ordinance would have precluded Mayor White from participating in the discussion of the sidewalks. Barry Huizenga - 120 Greenhill Trail South — Spoke against and said that this is a double edge sword. Huizenga remembers receiving a handbook when he was sworn into office and he was never confused on how to act. The financial disclosure is a ridiculous request to ask of someone just for the privilege to sit on the Council. Let people behave as they do and not try and legislative morality. Motion made by Council member Cantrell, seconded by Council member Stotts to move the Item to the September 20 meeting after Staff has time to review. Council member Hoover called the question. Motion passed 5:1, with Strother voting against. 18. 2010-482-T Consider and take appropriate action regarding a Resolution accepting a proposed Annual Service Plan Update and Amendments to the Service and Assessment Plan for the Town of Trophy Club Public Improvement District No. 1 (Bond); setting a date for a public hearing; authorizing the publication of notice; and enacting other provisions relating thereto. Dick Spence from David Taussig & Associates was present to answer Council's questions. At the time of posting, Staff had not received the Service and Assessment Plan from David Taussig & Associates. The Service and Assessment Plan was sent under separate cover once received and hardcopies were provided at the meeting. Minutes dated September 13, 2010 10 Motion made by Council member Strother, seconded by Mayor Pro Tem Rose, to approve a Resolution accepting a proposed Annual Service Plan Update and Amendments to the Service and Assessment Plan for the Town of Trophy Club Public Improvement District No. 1 (Bond); setting a date for a public hearing; authorizing the publication of notice; and enacting other provisions relating thereto. Council confirmed that approval was for setting the Public Hearing only and not approval of the Service and Assessment Plan. Motion passed unanimously without further discussion. 19. 2010-483-T Consider and take appropriate action regarding a Resolution accepting a proposed Service and Assessment Plan Update for Authorized Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1, setting a date for a public hearing; authorizing the publication of notice and directing the mailing of notices as required by law; enacting other provisions relating thereto; and providing an effective date. Dick Spence from David Taussig & Associates was present to answer Council's questions. At the time of posting, Staff had not received the Service and Assessment Plan from David Taussig & Associates. The Service and Assessment Plan was sent under separate cover once received and hardcopies were provided at the meeting. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve a Resolution accepting a proposed Service and Assessment Plan Update for Authorized Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1, setting a date for a public hearing; authorizing the publication of notice and directing the mailing of notices as required by law; enacting other provisions relating thereto; and providing an effective date. Motion passed unanimously without further discussion. 20. 2010-450-T Receive Acting Town Manager Seidel's update regarding the following; discussion of the same. 1. Special Events Ordinance There are entities wanting to host parades. This would require blocking off streets, police presence and there is a cost associated with this staff time. Staff would like to bring back and Ordinance for Council's consideration. Council member Stotts likes the idea of having more special events and requested Staff to send material to Council prior to the October 6, 2010 Council meeting. 2. The Community Clean Event was held at BNHS, which was a great location and there was a great turnout. 21. 2010-452-T Receive Mayor Pro Tem Rose's liaison report regarding the August 17, 2010 and September 1, 2010 TCMUDI Meeting; discussion of same. Mayor Pro Tem Rose stated that most items were covered during the Joint Meeting on September 9, 2010. The fire protection plan has been approved and sent to TCEQ with the intent to have on the May 2011 Ballot. 22. 2010-451-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. • NTC Team Award Presentation Minutes dated September 13, 2010 11 • Metroport Cities Partnership • NCP Meeting • Parks Town Hall • Mayor's Roundtable • Town's 25th Anniversary Celebration • Town Manager reception on Friday night at the Country Club — and interviews on Saturday. • Incident command set up last Wednesday during the rain. 23. 2010-455-T Items for Future Agendas Council member Cantrell suggested an Item regarding setting the water rate for the PID. Mayor White confirmed that Seidel has tried to talk to the school about the library. ADJOURN Motion made by Stotts, seconded by Hoover, to adjourn. Meeting adjourned at 11:25 p.m. t tb�nnon DePrater, Wterim Town Secretary Town of Trophy Club, Texas )t -Z Connie White, Mayor Town of Trophy Club, Texas Minutes dated September 13, 2010 12