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Minutes TC 10/03/2005MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 3,2005 7:00 P.M. STATE OF TEXAS 0 COUNTY OF DENTON 4 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 3, 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 Scott Spence Beverly Foley Roger Williams TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom 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 Manager/Finance Director Town Secretary Community Development Manager Town Attorney 1S Manager Parks and Recreation Director Police and Fire Services Director A. 1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 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." Assistant Town Manager/Finance Director, Roger Unger led the pledges. A.4 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: EDC 4B Opening The Town Council is accepting applications for one opening on EDC 4B. Applications will be accepted beginning Wednesday, September 28 through Wednesday, October 5". Applications received after the deadline will not be considered. For more information go to: www.ci.trophyclub.tx.us. TML Annual Meeting The annual meeting of the Texas Municipal League (TML) is being held at the Gaylord Texan Resort on th October 26 through October 29th. This is an opportunity to network with other elected officials, State Officials, vendors and staff from cities all over Texas. There are several breakout training session that appear to hold potential benefit to Trophy Club. If you would like to attend any portion of this event please contact Lisa for more information: lramsey@ci.trophyclub.tx,us. Finance: Audit Services Update We are putting the final touches on the letter of engagement with the firm of Weaver and Tidwell for audit services. We have already begun compiling the data they will need to begin the audit. Community Development: Road Construction The first half of Shields Court has been paved. The remaining side will be paved this week with driveways and cleanup to follow in the next two weeks. The stabilization process has begun on Indian Creek with paving to begin next week dependent on weather. Administration Building Addition The grading has begun for the additional parking. We expect to have it available for parking on the 20th, at which time demolition of the existing parking lot will begin for the construction of the new building. Police and Fire Services Police Services Bureau Currently seeking new Reserves Officers. DPS will be sponsoring a booth at the Fall Festival. The Department will be providing information on crime prevention, block parties and gunlocks. Director Briggs attended the International Assoc. of Police Chiefs in Miami last week and was selected to participate the worldwide committee for Public Safety Directors. Fire Services Bureau The EMS Division of the Fire Department has been awarded funding for RAC (Regional Advisory Committee) funded by State Trauma, in the amount of $1,234.56. Special Events: Fall Festival scheduled for Saturday, October 15 Festival Pictures Craft Vendors to include: FundraiserIChildren's Games Food and Beverage Entertainment to include: Karaoke Jack, Farmer Brown Petting Zoo, Rock Climbing Wall, inflatables, Clown animal, Care Flight helicopter. A1 Singleton, Dallas Cowboy linebacker and resident of Trophy Club. Assistant Town ManagerFinance Director, Roger Unger advised that an update will be provided at the October 17, 2005 Town Council meeting on the DR Horton zoning submittal received by staff on September 14', as well as a possible EDC 4A grant for structural and fence improvements at Beck Field. 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. No citizen comments. TOWN COUNCIL CONVENED INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action by Resolution to appoint one candidate to the Planning and Zoning Commission. Council member Williams made a motion to appoint Damian Olthoff to the P & Z Commission; Council member Foley seconded the motion. Mayor Sanders introduced P & Z Vice Chairman, James Stephens who was present in Chairman Gene Hill's absence. The floor was opened for discussion. Council Member Williams stated that he was upset to see a resignation so soon after the contention problems created with the last appointment process. Mayor Pro Tem Cates stated that precedence was set after the last P & Z appoint process when Council decided that they would take the recommendation provided by the Commission's Chairman, as well as give first consideration to an applicant that had previously served on the Board. Council member Williams was uncertain as to whether candidate, Robert Ashby, former P & Z member could commit to weekly meetings if deemed necessary with the potential development, as he previously resigned from the Commission due to professional and personal time constraints. Mayor Pro Tern Cates asked Mr. Ashby if he would be able to affirm his commitment to the meeting schedules involved with this seat. Mr. Ashby advised that currently, both professional and personally, he would be able to commit to the limitations as set forth for this seat; however, he is unable to foresee the future. Vice Chairman Stevens spoke to Chairman Hill's recommendation, verifying that after Chairman Hill interviewed all five candidates and carefully reviewed the candidate's resumes and community involvement, Chairman Hill's recommendation to Council was Robert Ashby. Council member Spence stated that he would have to go with Chairman Hill's recommendation as he did not know the candidates personally and he agreed with the precedence set that the Chairman would make the recommendation. Mayor Sanders read Chairman Hill's personal evaluation of related experience and skills of both Robert Ashby and Damian Olthoff. Mayor Pro Tem Cates made a motion to amend William's motion and replace the suggestion of Damian Olthoff with Robert Ashby, who is the recommendation of the P & Z Commission's Chairman. Council member Spence seconded the motion. Mayor Sanders called for the vote. Motion to amend tied 2:2, with Council members Williams and Foley voting against the motion to amend. Mayor Sanders explained that according to the Charter, in the event of a tie, the Mayor would cast a vote. He advised the Council that we would call for the vote, encouraging the Council to reconsider their vote as to break the tie themselves. Motion to amend tied 2:2, with Council members Williams and Foley opposing. The Mayor called the vote a third time, advising that he would be casting his vote. Motion to amend passed 3:2, with Mayor Sanders, Mayor Pro Tem Cates and Council member Spence voting for and Council members Williams and Foley opposing. Mayor Sanders called for the vote on the main motion to approve a resolution appointing Robert Ashby to the P & Z commission. Vote tied 2:2 with Council members Williams and Foley voting against. The Mayor called for the vote advising that he would cast his vote. Motion passed 3:2 with Mayor Sanders, Mayor Pro Tem Cates and Council member Spence voting for and Council members Williams and Foley voting against. D.2 Council Discuss and take appropriate action regarding nomination of up to five candidates to serve as on the Board of Directors for Denton Central Appraisal District. member Williams made a motion to nominate Pearl Ford and Bob Radder to the Board of Directors for the Denton Central Appraisal; Council member Spence seconded the motion. The floor was opened for discussion. Motion passed unanimously without discussion. Due to technical issues, the Mayor was not informed of a citizen's request to speak to this item until after the vote was called. The Mayor did allow the resident to speak. Neil Twomey, 203 Oakmont, Trophy Club, TX - Suggested that Council also consider Pat Carr, who is currently serving his third year term on the DCAD Appraisal Review Board. Mayor Sanders informed Mr. Twomey that contact was made with Mr. Carr a few weeks previously and that we understood that due to his current role of the Appraisal Review Board, he was not interested in being nominated to the Board of Directors. Mr. Twomey clarified that he spoke with Mr. Carr just this past weekend and he is interested in the Board of Directors and if elected, he would resign his current position. Council member Spence moved to reconsider motion; Mayor Pro Tem Cates seconded. Council member Spence moved to amend the motion; nominating Pat Carr in addition to Pearl Ford and Bob Radder to the DCAD Board of Directors; Mayor Pro Tem Cates seconded. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding a potential pilot program to designate a three quarter mile section of Trophy Club Drive between Oak Hill and Meadow Creek as one lane with a shoulder to provide traffic calming and establish an area of the road where normal motor vehicle travel would be prohibited, but parking would be maintained. Council member Williams made a motion to approve the pilot project; Council member Spence seconded the motion. The floor was opened for discussion. Mayor Pro Tem stated that she is concerned with people's safety perception of the traffic calming and feels that the Town is better off with sidewalks on the major thoroughfares. Mayor Sanders corrected that the $12,000.00 it would cost to fund this project is not currently in the budget as previously reported. Staff had intended for this to be voted on prior to the budget being passed, however, due to the delay of the item coming back before Council, the $12,000.00 is not a line item currently in the budget. Finance Director, Roger Unger advised that the funding could come out of two sources, either the ongoing street maintenance or the contingency funds, which is for projects or issues that come up during the course of the year. Council member Spence spoke that two major issues break from this, sidewalks verses shoulders and that there are many issues with the shoulders that sidewalks will not fix. Council member Spence spoke in favor of this pilot project, and believe that it is an attempt to teach people that these are one-lane streets. Council member Williams agreed that this is an attempt to make people aware that these are one-lane streets and that given the two-month delay already, we should give it a try. Council member Williams made a motion to approve pilot project for six months and then come back to Council to see if the residents want a referendum; Council member Foley seconded the motion. Council member Foley requested that discuss the funding. Council member Williams amended his motion to include that the funding would come from street maintenance as suggested by Finance Director, Roger Unger; Council member Foley seconded. Council member Spence suggested that the residents drive with the pilot project and still vote on it in the May election. Council member Williams made a motion to amend his motion to approve the pilot project for six months, with funding taken from street maintenance and including as a referendum on the ballots in May, assuming that all can be accomplished with election deadlines; Council member Foley seconded. Margi Cantrell, 1105 Sunset, spoke in favor of the pilot project. Bob Radder, 1 Lee Court, spoke in favor of traffic calming and stated that this does not need to be put to a referendum, but rather, Council should make a permanent decision now. Doyle Krauss, 549 Indian Creek, spoke in favor of the pilot project. Bob Downey, 531 Indian Creek, encouraged Council to vote in favor of the pilot project. Community Development Director, Beth Ann Gregory confirmed Mayor Sander's question that signage is included in the $12,000.00 cost. Council member Spence spoke to the controversy surrounding this issue; stating that this issue is too big for the Council to make a decision on and felt that it should be left up to the democracy of the people. Council member Williams believes that signage informing drivers of the one-lane streets would be beneficial in other areas of the Town. Mayor Pro Tem Cates commented that calming the roads might make the roads safer, but just because there is calming on the roads, people should not feel confident that they would be safe on the road. Mayor Sanders called for the vote. Motion to approve the traffic calming project for the section of Trophy Club Drive for six months, with funding taken from street maintenance and with Council including as a referendum on the ballots in May, assuming that this can be accomplished with election time deadlines, passed unanimously without further discussion. D.4 Discuss and receive direction regarding charging fees for the use of the pool and other facilities. Parks and Recreation Director, Adam Adams informed Council that there are three types of fees; association fees, fees for facility usage and fees for tournaments. He spoke to the results of the survey which concluded that the smaller the city, the less likely it was to charge fees of any type, less likely to have good facilities and as many facilities with the same standards to the ones in the Town. Most cities have a co-sponsored agreement with the associations, which is currently what Trophy Club has in place; where the associations are immune from fees, providing they participate in the upkeep of the fields. Mr. Adams answered Council member Williams question that Roanoke does has pool passes, but does not have association fees. Council discussed that most cities do have pool fees and some type of association fees, and that if the Town did approve fees they would need to applied fairly across the board. Mr. Adams acknowledged Mayor Pro Tem Cates concern over the lighting cost and explained that EDC will be reviewing a break down of the lighting costs as well as speaking to two vendors who may be able to provide lighting solutions. Council member Spence cautioned that it is difficult trying to develop a fee schedule that works for all the residents. Council member Williams asked for an agenda item addressing applying fees to the pool and also a discussion of what fees will be charged. Mr. Adams clarified that he would like to look at the associations and come up with a dollar amount on their contributions and man-hours and the bring forward a pool package with resident pool fees; single, family and swim team. D.5 Discuss and receive direction regarding a future amendment to Ordinance 2004- 17 regulating the operation of motor assisted scooters. Police and Fire Services Director, Randy Briggs informed Council that after surveying the originals cities first surveyed when Ord. 2004- 17 was first passed, it was determined that the other cities have made changes to the regulations and operation of motor assisted scooters. Chief Briggs asserted that he has concern that kids who are not knowledgeable to the rules of the road are operating scooters. Mayor Sanders introduced Barb Tweedie, 220 Oakmont, as a member of the Public Safety Committee who conferred with Chief Briggs and his desire to change the age restrictions so that the individuals are aware of the rules of the roads. Discussion ensued about age restrictions according to State Law; and if our officer's should be put in a position of having to guess the riders age. Chief Briggs advised that the other cities surveyed based their ordinance restriction on street width and speed. Mayor Sanders requested that Council summarize the direction they were giving to staff. Council member Williams requested that staff amend the restrictions to Ordinance 2004-17, and present to Council at the November 7' meeting. D.6 Discuss and take appropriate action regarding the repeal of Ordinance Nos. 2004-01 & 2004-09 relating to traffic and street control standards, and adopting a new Ordinance related to traffic and street control standards, with new criteria specifically related to U-Turns signs. Director Briggs advised that adding criteria specifically related to U-Turn signs to this Ordinance is a proactive measure. CD Director, Beth Ann Gregory advised it was a resident's complaint, generated via the Citizen Relationship Management that prompted the research on U-Turns. Council member Williams moved to repeal Ordinance 2004-01 & 2004-09 and adopt 2005-26; Council member Spence seconded motion. Floor opened for discussion. Mayor Pro Tem Cates requested we communicate this change in the monthly newsletter and on Listserv. Motion to adopt Ordinance 2005-26, relating to traffic and street control standards, with new criteria specifically related to U-Turns signs, passed unanimously without further discussion. Mayor Sanders called on Greg Lamont, 15 Avalon, who spoke in favor of item. D.7 Discuss and take appropriate action regarding a Resolution approving the 2005-2006 Interlocal Agreement between the Town and Tarrant Count Hospital District d/b/a JPS Health Network. Director Briggs explained that this item is an annual agreement and that the Town Attorney requested it be pulled from the consent agenda. Town Attorney, Patricia Adams counseled that this item was removed from the Consent Agenda, so that she could advise that certain verbiage be added to the indemnity clause. Ms. Adams continued that she did feel that Tarrant County Hospital would have a problem with this verbiage. Council member Williams made a motion to approve the resolution with the amendment to the indemnity clause, to read 'to the extent allowed by law'; Mayor Pro Tem Cates seconded. Motion passed unanimously without further discussion. 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 Sanders respected that item D.8 be removed from the Consent Agenda as Council member Spence was not in attendance. Council member Williams moved to remove item D.8; Council member Foley seconded. Motion passed unanimously. D.8 Mayor Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 19th, 2005. Sanders requested advised that item D.5 read: "Council member Williams advised that he thought that sidewalks were only going to be a consideration if it could be done in conjunction with the current construction; and then confirmed with Ms. Gregory that it could not. Council member Edstrom withdrew her motion and stated that she misunderstood that this could be done in conjunction; Mayor Pro Tem Cates agreed with the mover to withdraw the motion. Motion withdrawn without further discussion." Council member Williams made a motion to approve the September 19", 2005 minutes as modified; Mayor Pro Tem Cates seconded. Motion passed 3:O:l with Council member Spence abstaining. D.9 Consent Agenda - Discuss and take appropriate action to expend Court Technology Funds in the amount of $500 for travel expenses for Court Training. Council member Foley made a motion to approve the Consent Agenda as amended, D.9; Council member Williams seconded. Motion passed unanimously without further discussion. D.10 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. Due to current project demands, Community Development, Beth Ann Gregory requested a delay for providing this status 4. Discussion and appropriate action for an Ordinance to approve vacant land appraisal. Planning and Zoning Coordinator, Kerin Fleck requested that this item be removed. 5. Discuss and take appropriate action to approve a Resolution authorizing an Economic Development Agreement with Midwest Commercial Realty. (October 17,2005) 6. Discuss and take appropriate action by Resolution to appoint one candidate to EDC 4B. November 7,2005 7. 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 8. Discussion and appropriate action of the Town's participation in a program through the America Supporting Americans program where Towns can adopt an armed services unit and provide them support. Mayor Sander explained this program and advised that Council would need to pass a resolution for support. e Mayor Sanders requested, discussion and appropriate action for signage on Indian Creek indicating one lane streets. e Mayor Pro Tem Cates requested the Public Safety Advisory Group to start researching ways to handle the garage sale traffic. Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17 regulations and operation of motor assisted scooters. (November 7", 2005) Evaluate Park fees with consideration to association fees. Election of a task force, as Suggested by Council member Spence of five to work with the school district on joint use option. (November 7", 2005) TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 9: 12 p.m. E. 1 Pursuant to Texas Government Code, Annotated, Subchapter 55 1, Section 55 1.087 (2) "Deliberation Regarding Economic Development Negotiations" and Section 551.071 (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 55 1.087 (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 ($55 1.07 1 (b)). (I) Financial and other incentives for the proposed D.R. HortonIBeck 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. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION "REGULAR SESSION Town Council convened inti Regular Session at 10:07 p.m. E.2 Discuss and take appropriate action relative to Executive Session Item Number El. No action taken. F.l Adjourn. Mayor Pro Tem Cates made a motion to adjourn; Council member Williams seconded. d.g Town Secretary, Town of T,ophy Club Mayor, Town of Trophy Club