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Minutes TC 08/18/2008 - Budget WorkshopMINUTES OF A BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 18, 2008 5:30 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 18, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst Adam Adams Parks and Recreation Director A.1 Mayor Sanders called the Town Council to order at 5:41 p.m. noting a quorum was present. A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary BUdget. Town Manager Emmons presented a balanced budget and explained the projected fund balances and tax rates. The changes include: replacing and upgrading the existing Agenda Management software program at $12,000 and increasing Elections by $5,000 to cover the proposed May 2009 Charter Election. Emmons explained the Interest and Sinking Fund and the Effective Tax Rate stating that Council would have some difficult future budget decisions to make should they keep the tax rate at the current rate. One option is Council can gradually increase the rate over several years therefore minimizing the impact to residents. Staff explained the capital and replacement schedule and the supplemental requests. Staff stated 45% of the revenue is from property tax. If Council would decide to raise the property tax rate for FY09, the revenue increase resulting from an increased property tax would be set aside to build reserves to offset future bUdget expenses. By maintaining the current $.43051 tax rate, the Town projects budget shortfalls in FY10 and FY11. These projected budget shortfalls do not include any costs associated with the acquisition of land or a new police facility. Additionally, the Ways and Means Advisory Group has looked at oui years in respect to the level of services. The Council requested the out years include the drainage study beginning in FY10 and requested to change the name of the Police Department Needs Assessment to Architecture Engineering. Staff is diligently working to promote new businesses to the Town and have been told by several that in order to sustain their business they need the population. Council member Strother shared that he does not like the thought of raising, taxes; however, considering the demands for service and programs in addition to increased cost of goods and services, a tax rate increase may be a solution. Council member Wilson agreed with Strother and stated she would support a two cent increase. Wilson asked Town Manager Emmons what his recommendation would be. Town Manager Emmons stated that a two cent tax increase would be appropriate. Mayor Pro Tem Sterling stated a three cent increase would allow the Town to match the effective tax rate and stated that this budget is considerably better than the budget presented two years ago. Sterling said Council can either cut services or boost the tax rate and agreed with an increase to support matching the effective tax rate. Council member Edstrom stated that the Town cannot continue borrowing against the future and needs to re­ evaluate that historical practice. Edstrom stated that there was a consensus to increase the tax rate last year; however the ultimate decision by Council did not raise the tax rate. Council member Moss said that the decision needs to be based on what is best for the residents and the future of the Town, and he does not see a way around a tax rate increase. Council took a five-minute recess. A.3 Mayor Sanders gave the Invocation. A.4 Matthew Brown from Boy Scout Troop 937 led the Pledges. A.S Citizen Presentations: No one addressed the Council. A.6 Bi-annual update and presentation regarding Park Board activities for the preceding six month period and discussion of same. The Park Board is required by ordinance to meet with Town Council bi-annually. This presentation is the second presentation for 2008. Park Board Vice-Chair, Steven Gregory provided updates on Harmony Park, Trophy Club Park and Sports Association concerns. Park Board member J.D. Stotts provided updates on possible park amenities for Northeast and Northwest and possible funding options such as: PID contributions, EDC funding, public grants naming rights, hotel/motel and sales taxes. Town Manager Emmons provided an update on the drainage ditch currently located at the proposed site of NW Park. Vice-Chair Gregory concluded the presentation by listing the current park projects that are under way. The Town Council thanked the Park Board for the presentation. Carlyann Jacobs, 4 Biltmore Court -Asked if the Council has considered a natatorium. No action taken. Motion made by Wilson; seconded by Moss to approve Consent Agenda, Item B.1 with the correction of Edstrom . in favor under number 11 Clarify Appointment Procedure. Motion carried unanimously without any discussion. B.l Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 17, 2008. End of Consent 2 PUBLIC HEARING Council convened into Public Hearing at 8:00 p.m. C.1 Public Hearing: Town Council to conduct a Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and Mayor to announce the date, time and place of the vote on the tax rate. Mayor Sanders announced that there is another public hearing scheduled for September 8, 2008. The Town Council will be voting on the FY09 proposed tax rate on September 22, 2008, during their Regular Session, which starts at 7:00 P.M. The meeting will be held in the Council Chambers. Roger Williams, 215 Phoenix Drive -Feels that the Public Hearing is a sham as the only information that has been made available regarding the proposed budget has been at the Council workshops. *REGULAR SESSION Council reconvened into Regular Session at 8:05 p.m. D.1 Discuss and review the Town's FY2008·09 Proposed Budget and tax rate. Mayor Sanders explained staff has already published the Truth in Taxation "Notice of Public Hearing for Tax Rate Increase" announcing two public hearings, and has approved an agenda item to consider adoption at .43051 at the September 22, 2008 meeting. Based on the workshop discussion, should Council consider adopting a higher rate than what was originally published, the Town will republish the Notice of Public Hearings on. August 29,2008 with a new specified rate and conduct the first public hearing at the Regular Session on September 8, 2008 and the second public hearing in a Special Session on September 15, 2008, leaving the vote on the tax rate and adoption of the budget on September 22, 2008 as anticipated. Each Council member reiterated their point regarding a tax rate increase as discussed during the bUdget workshop. Council consensus is to re-publish at .46501 (effective tax rate) and schedule the two public hearings accordingly. Mayor Sander's acknowledged several residents in the audience who were in attendance for Item D.4. Noting no objections from Council, Item D.4 was moved up and discussed prior to D.2. D.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors," in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. Mayor Sanders noted the corrections in Sections 4.02.E.3 and 4.03.C.g. and Town Attorney Patricia Adams explained these changes relate to the Council's request for clarification of conviction and identification. Motion made by Edstrom; seconded by Wilson to approve an Ordinance repealing Article IV entitled "Peddlers and Solicitors," in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. Council member Wilson thanked Town Attorney Patricia Adams for her work revising this document and provided the Council with several articles relating to handbills. Motion carried unanimously without further discussion. 3 D.3 Discuss and take appropriate action regarding an amendment to Chapter 3, Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; by amending Section 15.01 "Definitions", Section 15.02 "Applicability and Prohibited Conduct", and Section 15.04 (I) "Draining of Swimming Pools", and providing an effective date. Town Manager Emmons gave a brief history of this Ordinance. Donna Curtis, 315 Inverness -Questioned the concept and specifics of the Ordinance. Ryan Chitwood,1 0 Overhill Drive -Spoke in favor of the Ordinance. Lois Bowman, 11 Overhill Drive -Spoke against the Ordinance. Frank Folger, 13 Overhill Drive -Spoke against the Ordinance. Ruth Ellen Campell, 11 Overhill Drive -Spoke against the Ordinance. Motion made by Edstrom; seconded by Strother to approve an amendment to Chapter 3, Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; and add the date of June 15, 2010 to comply with subsection 1 above or to obtain a Compliance Permit in accordance with subsection 3 below. Council member Edstrom commented that this Ordinance first came before the Council in January, but TCEQ provided conflicting information. Council member Edstrom and Mayor Pro Tem Sterling both agreed that the residents have enough time to save money to implement the changes required by ordinance. Council member Wilson supports Mr. Chitwood's endeavors concerning these amendments. Council member Moss said that given the TCEQ mandates this is the direction the Town has to go. Council member Strother said that he understands Mr. Chitwood's concern, but would like the Ordinance to have more flexibility regarding the pool size and placement in the yard. Council member Edstrom asked that the Environmental Coordinator be made aware that this section needs amended with the annual TCEQ filings. Town Manager Emmons explained the non-compliance form and gave four retro-fitting options for compliance. Motion carried 4:1, with Strother opposing. D.4 Discuss and provide input/take appropriate action regarding an Agreement for Professional Services between Jacobs Engineering Group and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off. Town Manager Emmons stated this is the final draft. Motion made by Edstrom; seconded by Moss to approve an Agreement for Professional Services between Jacobs Engineering Group and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway and Parkview Realignment and Medlin Middle School Drop-Off. Motion carried unanimously without any discussion. D.5 Discuss and take appropriate action regarding a resolution amending Resolution 2008-01 authorizing the creation of a Charter Review Commission. Mayor Sanders stated that the Charter Review Commission (CRC) has completed their review and would like to see all nineteen Proposed Amendments go on a future ballot. Mayor Sanders explained that if a petition was received and verified, the language would go on the ballot as submitted on the petition, regardless if the Council 4 had already called an Election and approved ballot language. Therefore, the ballot language regarding certain amendment could possibly contradict one another. Mayor Pro Tem Sterling questioned the i h Where as clause and the reference to the 19 Proposed Amendments. Town Attorney Adams explained that the word possible amendments under Section 7 should read Proposed Amendments. CRC Chairman Rose, Secretary Brewster and Commissioner Williams addressed the Council. Secretary Brewster would like the number listed in the Resolution to be more general and less specific to a certain number. Commissioner Williams understands that the Resolution states the CRC can work with the Council on the 19 Proposed Amendments and the Council may add more if they choose. Motion made by Edstrom; seconded by Moss to approve a Resolution amending Resolution 2008-01 authorizing the creation of a Charter Review Commission. Motion carried unanimously without further discussion. 0.6 Items for Future Agenda. Council member Wilson would like to discuss amending the Ordinance adopting Article IV entitled "Peddlers and Solicitors," of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing regulations for Peddlers and Solicitors operating within the Town as it relates to handbills. 0.7 Reports. (a) Town Manager Emmons gave his report. (b) EDC 4B Liaison, Council member Strother gave his report. (c) Master District Liaison, Council member Wilson gave her report. Council convened into Executive Session at 10:24 p.m. EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072 Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the Town for future joint Police and Fire facility and legal advice related to potential future sites and land acquisition. Council reconvened into Regular Session at 10:32 p.m. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. No action taken. F.1 Adjourn. Motion made by Wilson, seconded by Sterling to adjourn. 5 ,,' Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 6