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Minutes TC 10/24/2005 - Special SessionSTATE OF TEXAS 5 COUNTY OF DENTON 3 The Town Council of the Town of Trophy Club, Texas, met in Special Session on Monday, October 24, 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Pam Cates Susan Edstrom Scott Spence Beverly Foley TOWN COUNCIL MEMBERS ABSENT: Roger Williams STAFF AND GUEST(S) PRESENT: Roger Unger Lisa Ramsey Beth Ann Gregory Patricia Adams Mike Pastor Adam Adams Randy Briggs Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Assistant Town ManagerFinance Director Town Secretary Community Development Manager Town Attorney IS Manager Parks and Recreation Director Police and Fire Services Director A. 1 Call to order and announce a quorum. Mayor Sanders called the Special Session to order at 7:04 p.m. noting a quorum was present. A.2 Invocation. Mayor Sanders gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Mayor Pro Tem Cates led the pledges. B.l 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. Robert Munroe, 16 Avalon Drive - Advised Council that he understands that certain issues need to be addressed in Executive Session, but has concerns that things are being hidden from the residents when DR Horton is discussed in Executive Sessions. Mr. Munroe also spoke against offering incentives to DR Horton to build in Trophy Club. Kathleen Wilson, 34 Meadowbrook Lane - Complimented staff and Council on the decision to proceed with the traffic calming pilot project. Ms. Wilson stated that the project has proven to be very effective and urged Council to move forward with permanent action regarding the traffic claming project. Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: - Denton County Elections Administration will hold early voting on November 3rd and 4th and election day voting, November 8th for the 2005 Constitutional Amendment and Justice of the Peace Precinct 2 Local Option Election at the "Svore" M.U.D. building, 100 Municipal Drive. For more information please visit: www.ci.trophyclub.tx.us Mathew Graham corrected that Election Day is Tuesday, November 8", not the 7" as reported. - Master District has approved the employee services contract; also on the agenda for this evening. Revised copies of the Town's Personnel Policies will be provided to the Town Council for review and suggestions and will be placed on the December 5" agenda for approval. - The Board of Directors of the Denton County Appraisal District is requesting nominees for possible appointment to the Appraisal Review Board. Town Council will make nominations at the November 7' meeting. If you are interested in serving on this Board, please advise one of the Town Council members. For qualifications and eligibility requirements please contact Lisa 682-831-4601. Community Development: - Road Construction: The Indian Creek project is progressing on schedule with a November 15th completion date weather permitting. The Parks Department has gone out for bid for the landscaping of the newly constructed medians. The bids will be brought to the Council on November 7' for consideration. - Traffic Calming: The installation of the pilot traffic calming project on Trophy Club Drive is complete. The Town staff has received mostly positive feedback from the residents. - Administration Building Addition: The additional parking will be complete this week and demolition of the existing parking lot will begin in preparation for construction. - Electronic Marquees: The electronic marquees should be delivered in the next two weeks. We hope to have the installation complete by November 15'. Finance: - The Auditors are currently conducting their first field work. They were with us all of last week and have indicated that they will be here another two weeks. Information System: - Software and Systems Update No updates to report. Parks and Recreation: - Facilities and Programs Medians and Commons -Flower color change will occur this week. Marshall Creek Park - We have received permission from the Corr of Engineers to start clearing for R/C airfield. Fall Festival -We had a great turnout and would like to thank all of the volunteers and residents for participating. Planning & Zoning: - Zoning Submissions DR Horton Zoning Submission: Staff has reviewed the initial request for zone change. A review letter was sent to the applicant and a DRC meeting was subsequently held with staff and Horton's representatives on October 5. Following that meeting, the applicant made revisions and submitted a revised application on Thursday, October 20. Staff is currently in the process of the reviewing the proposal. Police and Fire Services: Police Services Bureau DPS is currently developing questionnaires for an internal and external review of the Police Services Bureau. Public Safety Citizen Advisory Group met to discuss the revision of the scooter ordinance. Fire Services Bureau Fire Service Bureau has been busy with the local schools and churches providing Fire Education Classes during Fire Prevention Month. Municipal Utility District: Upcoming Projects The Elevated Tank - Cingular will be replacing some antennas on the elevated tank. The tank itself is not under repair. B.3 Discuss and take appropriate action regarding a Proclamation recognizing the TC Trekkers, who participated in the Breast Cancer 3-Day Walk on June 10,2005. Council member Edstrom made a motion to approve; Mayor Pro Tem Cates seconded the motion. The Proclamation recognizing the TC Trekkers, who participated in the Breast Cancer 3-Day Walk on June 10, 2005, passed unanimously without any discussion. Mayor Sanders congratulated and thanked each member of the TC Trekkers for their support of breast cancer research and for the representation of the Town. Patti Stolz advised that October is breast cancer awareness month and that information and bracelets would be left in the Administration Lobby. B.4 Discuss and take appropriate action on a Resolution authorizing the Town's participation in the America Supporting Americans program where Towns adopt an armed services unit and provide them support. Mayor Sanders gave a brief introduction, explaining that ASA was founded in 1981 and provides a clearinghouse whereby cities can adopt soldiers and or companies and provide support such as letters and care packets. Mayor Sanders informed the Council that Trophy Club resident, Lowell Strike of 7 Ross Court, daughter called him to tell him that her husband was due to leave for his second tour in Iraq and also told him about the ASA mission. ASA's mission is to raise the morale of America's brave men and women "as high as the clouds" and to strengthen the civilian- military bond by increasing civilian understanding of the military experience and by providing the troops with the opportunity to become directly involved with residents of a community committed to their support. Mayor Sanders concluded his introduction by reading a quote for Hayes Johnson, encouraging the community to get involved. Council member Edstrom made a motion to approve the Resolution; Council member Spence seconded the motion. The Mayor read the Resolution and opened the floor for discussion. Council member Edstrom thanked resident, Steven Kohs for taking on such a huge undertaking agreeing to be the primary contact for this program. Council member Spence contributed that any community support would be a great moral boost for the soldiers currently serving. Steven Kohs, 18 Overhill Drive, Spoke in favor of the Resolution and agreed to be the primary contact person in our community for this program. The Mayor acknowledged Tony and Lynn Gamron of 3 Hamper Court, the parents of Tony Gamron, currently serving in Iraq and also Lowell Strike whose son-in-law is also currently serving his second tour in Iraq. All were unfortunately unable to attend the meeting due to other obligations. Resolution 2005-31 authorizing the Town's participation in the America Supporting Americans program passed unanimously, without further discussion TOWN COUNCIL TO CONVENE INTO SPECIAL SESSION "SPECIAL SESSION D.l Discuss and take appropriate action regarding a proposed draft of the employee services contract drafted by Pam Liston, Bob West and Patricia Adams. Assistant Town Manager, Roger Unger explained how the employee services contract originated in 1998. Mr. Unger advised Council that recently some of the language in this contract came under question. Mr. Unger advised that the MUDs Attorneys, Pam Liston and Bob West and Town Attorney, Patricia Adams compiled the revised contract with-the basics of the contract the same. The employees, for benefits purposes are still represented as Town employees, for the employees who are performing solely MLD activities and who are being paid, totally, by the MUDs, for the purpose of operations remain under the control of the MUDs. Mayor Pro Tem Cates made a motion to approve the employee services contract; Council member Spence seconded the motion. The floor was opened for discussion. Mayor Sanders expressed concern with the 30-day termination clause, as it seems to him, that a 30-day notice was to short for three groups that work so closely together. Town Attorney, Patricia Adams explained that the Master District had concerns that in the event of a Town / MUD conflict, the MUDs would not have the flexibility to terminate the contract. Mayor Pro Tem Cates questioned the consequences to the Town's budget should the MUDS terminate in 30 days where the budget is based on a year. Town Attorney, Patricia Adams advised that at that point, the Town would have to make personnel decisions based on the budget in the event that the contract was dissolved. Ms. Adams also pointed out that the old contract allowed termination at any time. Mayor Sanders acknowledged Dean Henry, President of MUD 1 who confirmed that Master District approved this last week at their October 13, 2005 meeting. Mr. Unger answered Council member Foley's question that the verbiage under compensation in Paragraph 8, 'upon presented a detailed listing of all incurred expenses' was added as requested by the Master District. Mr. Unger stated that the budget is the detailed listing, if the expense was an extraordinary amount, the Town would seed the MUDS approved prior to spending, as would the Town expect the MUDS to do. Motion to approve the employee services contract passed unanimously, without further discussion. D.2 Discuss and take appropriate action regarding a Resolution memorializing the interest of the Town and of the EDC4B to enter into an agreement to provide economic incentives to Midwest Commercial Realty. Roger Unger began this items introduction as an agreement that was prompted by a previous request from Larry Stewart, who is the general manager partner for the group that owns the 16 acres that lies along Highway 114, that the Town offer incentives to attract hotel businesses. EDC 4B, has since approved a Resolution that if fully enacted, could conceivably give as much as $100,000.00, tied to certain requirements that are based on sales tax generation, by any potential user. Mr. Unger clarified that this Resolution does not automatically approve incentives. If a Hotel decides that they want to activate an incentive, a specific agreement between the Hotel and EDC 4B will need to be developed and approved by both EDC 4B and the Town Council. This resolution is simply putting the framework in place for Hotels to access potential incentives. Mayor Sanders called for a motion. Council member Spence made a motion to approve the Resolution; Council member Foley seconded the motion. Mayor Sanders called on Jim Hicks, President of EDC 4B for comment. Mr. Hick declined comment, advising that Mr. Unger's summarization was excellent. Mayor Sanders asked for clarification of Exhibit A, that payment of $50,000 to be paid at the time of certificate of occupancy, of any business that would generate $20,000 worth of annual combined sales tax, does not specifically name hotels and rather any business. Mr. Unger confirmed that this Resolution is structured to incentive the developer to find more than one person to occupy the space at Trophy Wood Center. Mayor Pro Tem Cates advised that she is concerned that the Town is not going to adequate study that a business requesting these incentives will be able to generate this type of sales tax. Council member Spence stated that this Resolution would be continuous to what has already been started and should be viewed as an enticement for good business to come to Trophy Club. Council member Edstrom mentioned that she has a problem with issuing these incentives at the time that the Certificate of Occupancy when the business may not be opened in twelve months, yet they walk away with $50,000.00 dollars and the Town does not receive the $20,000.00 of sales tax. Council member Edstrom reiterated that she is not in favor of issues incentives when the Certificate of Occupancy is issued and would like to see the pay out done differently. Motion to approve Resolution 2005-32, memorializing the interest of the Town and of the EDC4B to enter into an agreement to provide economic incentives to Midwest Commercial Realty tied 2:2, with Mayor Pro Tem Cates and Council member Edstrom voting against. The Mayor encouraged the Council to reconsider their vote and called for the vote a second time. The vote tied the second time with Mayor Pro Tem Cates and Council member Edstrom voting against. The vote passed the third time 3:2 with Mayor Sanders, Council member Spence and Foley voting for and Mayor Pro Tem Cates and Council member Edstrom voting against. D.3 Discuss and take appropriate action regarding a Resolution to appoint one candidate to serve on the Board of EDC 4B. Mayor Sanders announced that the appointment is for the vacancy created by the resignation of Andrew Hayes. Council member Edstrom made a motion to appoint Damian Olthoff to EDC 4B; Council member Spence seconded the motion. The floor was opened for discussion. Jim Hicks, president of EDC 4B advised that Mr. Olthoff is an excellent candidate. Motion to approve Resolution 2005-33, appointing Damian Olthoff to EDC 4B passed unanimously. D.4 Discuss and take appropriate action to approve Minutes dated, October 3,2005. Council member Spence made a motion to approve Minutes dated October 3,2005; Mayor Pro Tem Cates seconded the motion. Motion passed 3:O: 1, with Council member Edstrom abstaining. 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 D.5 Consent agenda: Discuss and take appropriate action to approve financials dated September 2005. Council member Foley made a motion to approve Consent agenda, item D5; Council member Spence seconded the motion. Motion passed unanimously. D.6 Additional Information for Council as provided by the Department of Police and Fire Services. D.7 Items for Future Agenda. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek Parks and Recreation Director, Adam Adams advised that currently proceeding with budget plans from last year and suggested the possibility of bringing in a Park Planner as an independent contractor. 3. Status of street repairs and bonds, including recommendation. 4. Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for (candidates names) to serve as a member of the Denton Central Appraisal District Board of Directors. (November 21st, 2005) 5. Mayor Sanders requested, discussion and appropriate action for signage on Indian Creek indicating one-lane streets. Mayor Sanders requested that this item be removed and advised that it was mentioned only as a comment and that currently the Town is not budgeted for signage. 6. Mayor Pro Tem Cates requested the Public Safety Advisory Group to start researching ways to handle the garage sale traffic. 7. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to include the Event Fees. (January 16", 2005). 8. Evaluate Park fees with consideration to association fees. 9. Task Force nominating 5 people to work with NISD on a joint use committee. (November 7,2005) 10.Discuss and make nominations to the DCAD Appraisal Review Board. Mayor Sanders requested to add one item as he was recently approached by Commissioner Carter in reference to discussion between the school district and the county about a road going in behind 377 and the future site of the high school property. Discuss and take appropriated action of future road between Highway 377 and Marshall Creek as being proposed by the School District. Mayor Pro Tem Cates questioned Roanoke's involvement as some of this land belongs to them. Council member Spence questioned if we can spend the Town's taxpayer money outside of the Town. Council member Foley questioned what if any portion of Marshall Creek road belongs to Trophy Club. Community Development Director, Beth Ann Gregory advised that per her meeting with Dennis McCrearyIAssistant Superintendent of Support Servies, the portion of Marshall Creek road that will connect to the High School will be paid for by the High School. The piece of land that they are short of funds for is the section north of Trophy Club, going up to Highway 377. Town Attorney, Patricia Adams and Ms. Gregory will present Council with more information at the November 7" meeting. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 8: 13 p.m. E. 1 Pursuant to Texas Government Code, Annotated, Subchapter 55 1, Section 55 1.087 (2) "Deliberation Regarding Economic Development Negotiations", Section 55 1.074 "Personnel Matters", and Section 55 1.071 (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) To discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For Consultation with the Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (5551.071 (b)). (1) Financial and other incentives for the proposed D.R. HortonBeck Properties mixed use development and legal advice regarding the proposed development, zoning and platting, potential economic incentives and contractual agreements, potential contracts for water and wastewater services, traffic impact, ordinance requirements, and matters related to the proposed development. (B) To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.07 4 (a) (1) of the Texas Open Meetings Act and for Consultation with the Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (555 1.071 (b)). (1) Future retirement of Town Manager Donna Welsh, retirement benefits and related matters, employment, duties, and transition for Town Manager position and legal advice related to same. TOWN COUNCIL TO RECONVENE INTO SPECIAL SESSION *SPECIAL SESSION Town Council reconvened into Special Session at 10:16 p.m. E.2 Discuss and take appropriate action relative to Executive Session Item Number El. Council member Edstrom made a motion to direct Town Attorney, Patricia Adams to proceed as directed by Council in executive session; Mayor Pro Tem Cates seconded the motion. Motion to passed unanimously without discussion. F.l Adjourn. Council member Edstrom made a motion to adjourn; Council member Foley seconded. Meeting stood adjourned. v& own Secretary, 0 ,fl Town of Trophy hm9 Club Mayor, Town of Trophy Club