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Minutes TC 09/10/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 10,2007 5:00 P.M. STATE OF TEXAS 5 COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September 10, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Sakura Moten-Dedrick Finance Director Danny Thomas Fire Chief Mike Pastor IS Director Adam Adams Parks and Recreation Director Scott Kniffen Police Chief Carolyn Huggins Planning Coordinator Chris King Building Inspector Ed Helton Streets Superintendent A.1 Mayor Sanders called the Regular Session to order at 510 P.M. noting a quorum was present A.2 Budget Workshop - to review and discuss out years. (500 P.M. - 7:00 P.M.) Town Manager Emmons discussed the methodology of the tax rates and the Council's request to bring back one option. Finance Director. Sakura Moten-Dedrick said there have been three changes since the last meeting which have netted themselves out in the 2007-08 Budget. The EMS budget has been decreased by $80.000 due to issues with Blue CrosslBlue Shield payments. Blue CrosslBlue Shield has been sending checks to the patients as opposed to the Town and is proceeding legally to remedy. Worker's Compensation came in at $47,000 as compared to 580,000 as originally projected. The budgets stayed pretty flat except for the departments adding personnel. Town Manager Emmons introduced Assistant Town Manager Seidel. Seidel said he appreciated the opportunity to serve the Town of Trophy Club. Town Manager Emmons explained that the new positions have been budgeted for the out years, salaries and COLA's, merits and provided the estimated inflation cost of health insurance as provided by Rodney Dryden. Each department spoke to their budgets and explained any additions included to their out years. Town Manager Emmons asked the Council to consider increasing the amount for the storm sewers and funding more for proactive maintenance on the streets. Streets Superintendent, Ed Helton explained the street sign changes anticipated for the 2010 Legislation change. Mayor Pro Tem Edstrom requested the Recreation Department provide them survey information regarding how well the residents liked the programs. Council members Cates asked Chief Kniffen to provide a percentage of times that there is only one Police Officer on the streets. Council recessed at 6:34 P.M Council returned at 6:40 P.M Finance Director Dedrick explained the revenues and roll backs A.3 Pastor Joel Quile from the Lake Cities Church of Christ gave the Invocation A.4 Mayor Pro Tem Edstrom led the Pledges A.5 Citizen presentations: No citizens addressed the council All matters listed as Consent Aqenda 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. Motion made by Edstrom , seconded by Cates to approve the Consent Agenda, Item 6.1. and 8.2 Motion passed unanimously without further discussion 0.1 Consent Agenda: Discuss and take appropriate action regarding the expenditures of GASB134 funds for fiber cable replacement. 8.2 Consent Agenda: Discuss and take appropriate action regarding an lnterlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating the Assistant Town Manager as the Household Hazardous Waste Collection Coordinator and designating the Town Manager as the alternate. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING Public Hearing Opened at 7:08 P.M. C.l Public Hearing: Town Council to conduct a second Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2007 to September 30, 2008. Mayor Sanders announced the Town Council will be voting on the 2007-08 tax-rate on September 24, 2007, during their Regular Session, which starts at 7:00 P.M. The meeting will be held here in the Council Chambers. Roger Williams, 215 Phoenix Drive - Commented on the forecast for out years, saying that forecasting for this fiscal year is hard enough. Recommends that the Council not encumber the funds and does favor a tax increase. C.2 Public Hearing: (SP-07-008) to consider an amendment to Town Ordinance No. 2007-1 1 P&Z, the same being PD-28, Northwest High School No. 2, to approve a Final Site Plan. Applicant: MJ Thomas Engineering, LLC on behalf of Northwest ISD. No one addressed council. Public Hearing Closed at 7:14P.M. TOWN COUNCIL RECONVENED INTO REGULAR SESSION 'REGULAR SESSION D.l Discuss and take appropriate action regarding an amendment to Ordinance No. 2007-11 PRZ, the same being PD-28, Northwest High School No. 2, to approve a Final Site Plan. Applicant: MJ Thomas Engineering, LLC on behalf of Northwest ISD. (SP-07-008) Attendees: Mickey Thomas - Mehran Aghili - Chris Tronzano - Stephen Elwood - Bill Haines - Jim Wiegert - Steve Lenart Tom Rutledge Scott Booth MJ Thomas Engineering, LLC. Construction Manager, NISD smr Architects Corgan Associates, Inc. (responsible for the irrigation plans) Romine, Romine, & Burgess (responsible for the lightinglphotometrics plan) Carter & Burgess 831 Trophy L.P. (Developer - did not attend) Town Engineer Innovative Transportation Solutions (responsible for the Traffic Impact Analysis (TIA) review for the high school) Planning & Zoning Chairman, Gene Hill stated the Commission approved this request, 3-1 with Sheridan opposing, on August 16,2007. Motion made by Edstrom; seconded by Moss to approve. Planning and Zoning Commissioner, Dennis Sheridan, 1 Hillcrest Court - Thought it would be a better design to switch the placement of the school buildings and the athletic fields. Mehran Aghili, NlSD Construction Manager, thanked the Council. P & Z Commission and staff for their help getting this project going. Mickey Thomas, MJ Thomas Engineering, LLC, explained the wrong sheet was included in the packet. L107 was a different configuration and not the same landscape plan approved by the P & Z Commission and would like for Council to consider the corrected sheet. Mayor Pro Tem Edstrom asked that all references to the City of Trophy Club be changed to the Town of Trophy Club. Motion passed unanimously without further discussion D.2 Discuss and take appropriate action regarding the Final Plat for NISD High School No. 2, Lots 1 and 2, Block 1 and Lots 1 & 2, Block 2. (FP-07-021) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 92.655 acre tract of land known as NlSD High School No. 2, Lots 1 and 2, Block 1 and Lots 1 & 2. Block 2. Motion made by Edstrom, seconded by Moss to approve. Gene Hill on August 16, 2007, the Planning & Zoning Commission recommended approval, by a unanimous vote of 4-0, of the NlSD High School No. 2 Final Plat. Motion passed unanimously without further discussion Motion made by Moss; seconded by Cates to approve the sub-divider's agreement. Mehran Aghili said his legal department has not had a chance to review. The mover and second removed the motion Town Manager Emmons asked Council to allow staff to proceed with the authorization and then bring back to Council for ratification. Motion made by Moss; seconded by Cates to allow staff to move forward with the agreement and therefore giving approval for the Mayor to sign when it comes back for ratification. Motion passed unanimously without further discussion D.3 Discuss and review the Town's FY2007-08 Proposed Budget and tax rate Town Manager Emmons appreciated Council's time and input in the budget Mayor Sanders announced Council member Moss will not be able to attend the September 24,2007 meeting. Council member Moss questioned the difference of the $50,000 bank balance, the difference between option two and three and if the designated money pertains to builder's fees. Council member Cates said she does not want to put the Town in jeopardy by not raising taxes and would like to see some incentives for the departments that stay within budget. Cates does not favor the tax increase and wants to be sure of the Town's fiscal responsibilities. Town Manager Emmons appreciates Cates comments and said that it is his responsibility to ensure the funds are spent appropriately. Travel and training policies have been implemented and staff is working on a uniform policy. Mayor Sanders commented some of the Administrative costs can be reimbursed by the developer and Merhdad Moayedi verbally agreed to some reimbursed as they can not come out of the PID proceeds. Town Manager Emmons said the money is coming out of the project management line of the Budget. Keenan Rice, from MuniCap said the administration expense fund and construction fund are all reimbursable. Council member Cates asked that the staff time for all prep work be calculated and presented at the next meeting. Mayor Pro Tem Edstrom would like to meet next week so that the reimbursement numbers are known prior to the September 24Ih meetin Council member Cates and Moss agreed. Council scheduled a special session on 2. . Monday, September 17 at 7.00 A.M. for the purpose to understand exactly what the reimbursement will be. D.4 Discuss and take appropriate action regarding a Resolution accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Mayor Sanders asked that Items D.4, 5, 6, and 7 be delayed until the representatives arrived Town Manager Emmons said the intent is to set out the assessments to be paid. Motion made by Edstrom, seconded by Sterling to set the date for September 24'" 2007 Keenan Rice, MuniCap said this SAP is a special assessment that will be posted for one year and is based on the ad valorum taxes which is different from the other SAP. Kirk Wilson, Centurion said the land owner has consented to this and expects this amount to run consistent with the MUDS. Motion passed unanimously without further discussion. D.5 Discuss and provide input regarding the Service and Assessment Plan for authorized public improvements for the Trophy Club Public lrnprovement District No. 1 (The Highlands at Trophy Club). Mayor Sanders asked Kirk Wilson about the Town's ability to recoup staffs time while working through the process from the PID or developer and if the money needs to be specifically designated as such. Mr. Wilson said the first assessment pays the developer as projects are administered and the amount of proceeds will be paid for at the bond closing. Wilson would like to know what the anticipated cost is and will have to wait until Council meets on September 17, 2007. Mayor Sanders asked how the $1.6 million of administration and management would be used. Mr. Wilson responded 3% will be paid to the developer and the rest to the city. Town Attorney Adams and Town Manager Emmons clarified there were no substantive changes or rate changes only property where the parcels needed to be better identified. Lila Marsh, Bond Counsel is hoping to send a preliminary transcript to the Attorney General's Office on September Illh, 2007. No action taken, input only D.6 Review and discuss the Prospectus for the proposed bond issuance to finance authorized public improvements for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club). Town Manager Emmons explained there will be approximately eight to ten procedural documents as the Council proceeds with the PID. The Prospectus is part of the bond issuance and will be included as part of the bond package. The document was provided as a working draft for Council's review and comment. Kirk Wilson said the majority of data has been provided by the developer. No action taken, discussion only D.7 Review and discuss the Indenture of Trust for the proposed bond issuance to finance public improvements for the Trophy Club Public Improvement District No. 1. (The Highlands at Trophy Club). Lila Marsh, Bond Counsel explained this document is by which the bonds are issued No action taken, discussion only Council recessed at 10:04 P.M Council returned at 10:09 P.M. D.8 Discuss and take appropriate action relative to the Interlocal Agreement between the Town and the Trophy Club MUDS to provide water and wastewater operational services to the Town. Mayor Sanders advised the most recent copies of the agreements have been handed out. Mr. Wilson said a lot of whereas clauses were added to the Water agreement, language regarding the tower was added and he is comfortable with the negotiated. Council member Cates said the Task Force agreed to the appropriateness of including the Master District in the Operation agreement. Town Attorney Adams recommended the Council add termination language under section 6.1. Town Manager Emmons said this contract basically gives up the Council's authority to increase their rates. The Council discussed the revisions and requested Town Manager work with the MUD Manager on some of the issues. Mayor Sanders clarified that Town Manager Emmons and Town Attorney Adams have sufficient instruction for the corrections to be made to the agreements. D.9 Discuss and take appropriate action relative to the Interlocal Agreement between the Town and the Trophy Club MUDS to provide water supply and wastewater treatment and equity services to the Town. Motion made by Edstrom; seconded be Cates to move into Executive Session for legal advice regarding the contract. Motion passed unanimously to move into Executive session at 8:49 P.M. Council reconvened into Regular Session at 9:25 P.M. Mayor Pro Tem Edstrom would like more information from legal and requested this item come back on September 24, 2007. D.10 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2006-29, amending the Municipality of Trophy Club Handbook for Elected and Appointed Officials and providing an effective date. Motion made by Moss, seconded by Edstrom to approve with an October 1, 2007 effective date Mayor Sanders asked that I will under section three, page 293 of the packet be removed. Both the mover and second agreed. Greg Lamont, 15 Avalon Drive -Asked the Council to consider removing the bullet keep comments germane to the issues before the Council and to leave in the complaint sections. Mayor Pro Tem Edstrom prefers this bullet be removed as it leaves it opened to debate. Council member Moss amended the motion to remove this bullet, Edstrom seconded Council member Cates agreed with Edstrom and wants the residents to know this is not the place to air personal grievances with one another. Council member Sterling agreed and said it is the authority of the Mayor to call residents using this for personal grievances out of order. Motion to amend passed unanimously Main motion passed unanimously without further discussion D.ll Discuss and take appropriate action regarding future use, funding options, operation of and repairs to Beck Park. A. Discuss and take appropriation action relative to a submittal from EDC4A requesting the distribution of EDC4A funds for the reconstruction of Beck Field #4 andlor the use of parkland funds for Beck Park. Town Manager Emmons said the funds would be used for reconstruction of Beck Field #4 and provided the options available; look at options for reconstruction based on FEMA's help, look for an alternate location, implement a separate project or do nothing until we actually secure this property. Mayor Sanders feels the best thing is to move forward and get a field done as best we can. Council member Moss said EDC 4A tabled this until Council took action. One option provided was rental of the Argyle baseball field in for the amount of 6,500, with EDC 4A paying $2,500. Moss suggested a Council committee work with the Roanoke Association to determine what direction they are pursuing. Parks and Recreation Director, Adam Adams confirmed Argyle has the excess capacity needed to handle Trophy Club and the baseball association is agreeable. The money would have to come out of the maintenance line of the Parks and Recreation budget. Council member Cates said Argyle is a good option. Mayor Pro Tem Edstrom wants to be sure the baseball representatives are ok with Argyle and would like to better understand the FEMA timelines, requesting this come back on September 24,2007. Mayor Sanders and Council member Sterling feel the Town should move forward with minor improvements to Beck Park and do not feel it is the Council or Town Manager's responsibility to work with the sports association. Council would like Town Manager Emmons to submit the PW to FEMA. No action taken, item to come back on September 24,2007 D.12 Discuss and take appropriate action relative to August 27, 2007 request by Greg Lamont to reopen ethics complaint previously filed. Motion made by Wilson, seconded by Edstrom to deny and not consider. Mayor Pro Tem Edstrom would like to see them both go into their own corner. Council Member Moss would like the letter from the Attorney General read into the record. Greg Lamont, 15 Avalon Drive - Requested the Council reopen this to allow both he and Bob Radder an opportunity to defend themselves and clear their reputation. Council member Moss called the previous question Motion calling the close of debate passed unanimously Main motion passed unanimously without further discussion D.13 Discuss and receive input establishing guidelines for residential dumpsters in order to amend Chapter 11, Public Works, Article I, of the Code of Ordinances. Mayor Sanders said this item is for input only and requested by Council Member Sterling. Town Manager Emmons said at one point there was a requirement for residential dumpsters but has since been repeal and asked the Council for direction. Council member Sterling would like it to address residential and frequency of collection section 1.08 and suggested a timeline. Council Member Moss agreed with Sterling. Motion made by Edstrom; seconded by Sterling to continue past 11:OO P.M Motion passed 4:1, with Cates opposing Council Member Cates said minor remodeling takes longer than four weeks. Mayor Sanders reminded Council that the item was posted for input and limited the discussion residential or commercial time limits. Mayor Pro Tem Edstrom questioned who and how it would be enforced. Council member Wilson asked for Code Enforcement's input. Town Manager clarified he had already spoke to Code Enforcement and sought direction for variances. Mayor Sanders feels exceptions need to be allowed to deal with a disaster and requested Council email their suggestion to Town Manager Emmons. Input only 0.14 Discuss and receive input regarding the appointment process occurring on September 24th for Boards and Commissions. Mayor Sanders explained past practice and Council discuss the process for the September 24'h meeting D.15 Discuss and take appropriate action to approve financials and variance report dated July 2007. Motion made by Edstrom, seconded by Sterling to approve. Town Manager Emmons commented the variance report was not included and will come before the Council on September 24,2007. The mover amended to approve only the financials; the second agreed. Motion passed unanimously without any discussion. D.16 Discuss and take appropriate action to approve Minutes dated, April 16, 2007. Motion made by Cates, seconded by Sterling to approve. Motion passed 2:0:3, with Edstrom, Wilson and Moss abstaining. Edstrom was absent from this meeting and this meeting occurred prior to Council members Wilson and Moss being sworn in. D.17 Discuss and take appropriate action to approve Minutes dated, May 7, 2007. Motion made by Edstrom, seconded by Cates to approve. Motion passed 3:0:2, with Wilson and Moss abstaining. This meeting occurred prior to Council members Wilson and Moss being sworn in. D.18 Items for Future Agenda Council member Wilson requested an item relative to a review from an outside source review of recent incidents surrounding the mayoral move and the allegations. Mayor Pro Tern Edstrom disagreed. Council member Cates would like to give a presentation regarding ASA Council requested a Town Hall meeting be conducted regarding the Charter Amendments Council member Sterling requested the Item D.ll dealing with Beck be pushed back one meeting. (October 1, 2007.) D.19 Reports. Town Manager Emmons gave his report. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Council did not enter into Executive Session at this time E.l Consultation with 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 conflicts with the Open Meetings Act (5551.071 (2) ): 1. Legal advice relative to the proposed interlocal contracts with the Trophy Club MUDS for operational services and for water supply and wastewater treatment. TOWN COUNCIL RECONVENED INTO REGULAR SESSION 'REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El. No action taken. F.l Adjourn. Motion made by Sterling, seconded by Edstrorn to adjourn. Meeting adjourned at 11:30 p.m I Town of ~r&h~ Club, Texas ' Town of ~ro~h~ ~iub, Texas