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Minutes TC 01/19/2009.~. MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 19, 2009 7:00 P.M. ST ATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 19, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor arrived at 7:30 p.m. Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Kathleen Wilson Council Member Jim Moss 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 Carolyn Huggins Planning and Zoning Coordinator A.1 Mayor Pro Tern Sterling called to order and announced a quorum at 7:03 p.m. Mayor Pro Tem Sterling advised that Mayor Sanders would be late. A.2 Mayor Pro Tern Sterling offered the Invocation. A.3 Michael Tsapos and Luke Murray from Boy Scout Troop 168 led the Pledges. A.4 Citizen Presentations: No citizens addressed Council. TOWN COUNCIL TO CONVENED INTO REGULAR SESSION *REGULAR SESSION B.1 Discuss and take appropriate action regarding a request for a Community Sign Program and authorizing the Mayor or his designee to execute all necessary documents. (Applicant: High Trophy Development, LLC., Represented by Alvin Jackson, Director of Marketing and Sales). Town Manager Emmons stated the Developer requested site locations to implement a community sign program that would allow the Developer to market The Highlands at Trophy Club, its amenities and the entire Trophy Club community. At the July 7, 2008 Council meeting, Council recommended submittal of a Community Sign Program that would market existing and proposed site locations. The Council recommended several sign programs including the monument sign program outlined below. The Developer provided a proposed sign program that requires funding from the Town of Trophy Club. January 19, 2009 Town Council Minutes Alvin Jackson, Director of Marketing and Sales, High Trophy Development, L.L.C. explained how the proposal will add seven (7) new monument signs in median site locations along Trophy Club Drive in The Highlands at Trophy Club and one (1) sign along Marshall Creek Drive (future Bobcat Blvd.). The signs would provide direction for current and future residents, providing aid in finding ;various neighborhoods and amenities throughout The Highlands at Trophy Club. The Community Sign program will provide marketing for various builders and amenities to future residences for the Highlands at Trophy Club and Turnberry Addition. The first proposed Community Sign will be located at the south portion of the thoroughfare median located at the 800 block of Trophy Club Drive which is situated between the Church @ Trophy Lakes and the Trophy Club Country Club Tennis Center. As the phases and thoroughfare improvements near completion, the Developer will propose additional median site locations near various model home locations and along the completed Hwy 377 thoroughfare south of the new Byron Nelson High School. The Community Sign program will be updated occasionally to provide directions throughout the new development for a period not to exceed 84 months (December 31, 2015) or until the final home sale in the Highlands at Trophy Club and Turnberry Additions, which ever comes first. Council Wilson questioned the cost, to which Mr. Jackson estimated $12,000 -15,000 per sign. Town Manager Emmons added that reconstruction of the marquee located on Trophy Lake Drive cost $16,000. Council member Edstrom asked if there has been any consideration of what will be donated regarding the permanent signs. Mr. Jackson said that there have not been any discussions regarding a donation from the Developers at this stand point. Currently, Mr. Jackson does not have that funding in his marketing budget. Mr. Jackson asked the Council approve the proposal so that he can start preparing the sign project. Discussion ensued regarding the funding source. Town Manager Emmons said that beautification funds may be available under the Parks Department, medians maintenance and Streets Department signs and striping Council member Edstrom would like the Council to consider future donations for signs that would have impact on the Highlands. Motion made by Edstrom, seconded by Moss to approve a request for a Community Sign Program, authorizing the Town Manager to execute all necessary documents, including one-year permits for temporary signage. The signs that will meet the temporary signage code approved by the Town will not exceed more than 32 sq. ft. Council member Strother confirmed that the Council would have the opportunity to change if they approve tonight. Mayor Sanders said that the uniformity in signs 5, 6 and 7 helps and that Moayedi Mehrdad talked about some type on monuments of the land close to sign #3. Council Wilson clarified that this Item would come back before Council before any funding agreements are made. Motion passed unanimously without further discussion. B.2 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. Town Manager Emmons acknowledged Texas Department Sergeant Olivier. Motion made by Edstrom, seconded by Sterling to approve an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. January 19, 2009 Town Council Minutes 2 Motion passed unanimously without further discussion. B.3 Discuss and take appropriate action regarding the Three Proposed Charter Amendments previously submitted by the Charter Review Commission for the May 2009 ballot as revised by Staff and action taken by the CRC members, including receiving resignation of CRC members. Mayor Sanders explained that Staff received direction from Council at their January 5, 2009 meeting to revise the Three Proposed Amendments. A. 13. Clarify Grounds for Recall Town Attorney Adams said that she revised the ballot language previously considered in the November 2007 Charter Amendment Election by providing definitions for incompetency, misconduct and malfeasance. Council member Edstrom supports moving forward to be in compliance with State Law. Council made no objections, Staff will move forward. B. 16. Budget Process Enhancement Town Manager Emmons stated that the language submitted by the Charter Review Commission was revised by adding, "The budget will be created and administered in full compliance of all fiscal policies and procedures adopted by the Town Council," to the end of Section 9.02. Mayor Pro Tem Sterling supports this approach as it requires the Council to adopt and adhere to Fiscal Policy, without imposing ultimate micro-management that would occur with the previous submitted language. Council member Edstrom agreed with Sterling and said that the Town needed to have the flexibility to revise the Fiscal Policies and would be bound for two years if it was added to the Charter. Council member Wilson supported the revision providing the comparative analysis in the Proposed Amendment was included in the Fiscal Policy. Town Manager Emmons stated that it would still include the comparative analysis from prior years. Mayor Sanders stated that the Council would have to approve the policy and would have the ability to review and amend if necessary. Council member Wilson confirmed her support providing the revision moves in that direction. C 18. Code of Ethics and Conduct Town Manager Emmons said Staff was not able to provide a revision at this time. Council directed Staff bring all three back at the February 2, 2009 meeting. Motion made by Edstrom, seconded by Strother approving and accepting the resignation of the CRC members. Motion passed unanimously without further discussion. Mayor Sanders expressed gratitude to the eRC members for their time spent working on the 19 proposed amendments. Council member Strother agreed with Mayor Sander's sentiments and said he appreciated the time and effort committed by the CRC members. January 19, 2009 Town Council Minutes 3 8.4 Discuss and take appropriate action regarding policies and procedures for implementing a community wide survey program. Town Manager Emmons stated that IT Director, Mike Pastor has discussed with STW and the current estimate was $5,000. Emmons addressed the MUD Directors in the audience, stating that he was waiting for additional information before consulting with them. Staff will begin writing policies and will keep the Council appraised. No action taken. 8.5 Update regarding consolidation plan for MUD1 and MUD2; Town dissolution of MUD2, including financial considerations and providing Fire Services; discuss and take appropriate action regarding same. Mayor Sanders stated that the consolidation committee has met weekly and that Council directed Town Manager Emmons to work a few scenarios. Mayor Sanders stated the Council has received a handout of the draft document the Consolidation Committee worked on. MLlD1 Director Twomey took the lead in preparing the data. Sanders recognized the four MUD1 Directors present. Sanders asked if MUD1 wanted to call a quorum. A quorum was not announced. Town Manager Emmons explained how the existing debt would be taken care of should the Town absorb MUD2. MUD2 had three General Obligation Series (2002, 2003 and 2005), with repayments occurring this fiscal year and the last payment for all three obligations in 2023. Dan Almon from Southwest Securities advised that two of the bonds could be refunded with a tax exempt status and one would have to be refunded as a non-exempt status should the Town absorb MUD2. The average interest rate on all three bonds was approximately 4.5 -4.6%. Emmons concluded that the two options are: revenue bonds or an assumption tax on the existing debt which would spread the debt across the entire community. Director Twomey explained the projections provided in the O&M Savings document created for the Consolidation Committee. Twomey said the Fire tax would decline with the growth of the PID. Mayor Pro Tem Sterling thanked Director Twomey for his compilation of the numbers due to the enormous amount of work. Sterling confirmed Director Twomey's confidence in the accuracy of the bond rating. Town Manager Emmons stated the cost savings of MLlD1 and MUD2 consolidating was similar to the scenario if the Town absorbed MUD2. Emmons said that although he has not had a chance to analyze, he felt that even without consolidation the Utility Districts could still have a projected eight cent tax saVings. Council member Strother asked Director Twomey to send him the entire 0 & M spreadsheet of assumptions. Chair White confirmed that the rent wass not being double booked. Director Carr said that it would be nice to get all information from the Town in order to compare. Mayor Sanders explained the fire tax in different scenarios. Council member Wilson confirmed that Westlake does not have a joint Fire Department outside of the Interlocal agreements. Director Henry stated Westlake would need to impose a property tax in order to tax Solana. Mayor Sanders clarified that Westlake was not talking about a property tax but an equivalent. Director Carr said the whole process began in order to simplify the government and yet it seemed as if the process would only be adding other layers. January 19, 2009 Town Council Minutes 4 Mayor Sanders asked the Council's availability should the Consolidation Committee complete their review and want to schedule a joint meeting. Council member Moss -open Council member Edstrom will be away on business January 28 -30, 2009 and February 3 -4, 2009. Mayor Pro Tem Sterling prefers to meet on Monday. His currently availability is Monday, Tuesday and Wednesday. Council member Wilson will be unavailable the last week of January and the first week of February. Council member Strother prefers to meet on Monday. Strother will be gone the end of January, but back in time for the February 2, 2009 meeting. Strother is available for the February 16th meeting and will be out of the office the rest of the week. Director Hase said the Consolidation Committee hoped to have the consolidation of MUD1 and IVIUD2 plan completed by tomorrow. The Committee still needed scenarios regarding the Town absorbing MUD2. Hase hopes to complete the entire review by the end of January. No action taken, update only. 8.6 Discuss and take appropriate action regarding an Ordinance amending Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the Code of Ordinances, entitled Administration". Town Manager Emmons said the Amendment would allow the Town to charge for Contractor Registration fees. Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the Code of Ordinances, entitled Administration". Motion passed unanimously without any discussion. 8.7 Items for Future Agenda. Mayor Sanders stated that #5, "Discuss and take appropriate action regarding Real Estate signs and their placement, including potential amendments to Chapter 5, "General Land Use," Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," 0, "Real Estate Signs" was requested by Council member Edstrom. Council member Edstrom will be unable to attend the February 2, 2009; therefore the item will be brought back at a later date. Item #7, "Discuss and take appropriate action regarding the Citizen of the Year gUidelines, criteria and voting process, consider moving the deadlines for submission of nominees, and changing the selection of Citizen of the Year to the month of May" will be removed as Council discussed at their December 15, 2008 meeting. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 9:31 P.M. EXECUTIVE SESSION C.1 Pursuant to Texas Government Code, Annotated, SUbchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: A. Legal advice related to consolidation of the MUD1 and MUD2; dissolution of MUD2. TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION AT 11:20 P.M. January 19, 2009 Town Council Minutes 5 *REGULAR SESSION C.2 Discuss and take appropriate action relative to Executive Session Item Number C.1. No action taken. 0.1 Adjourn. ;j:;:;J:;onded by Wilson to _a~_dJ_'o---,u,---rn_._~,--._---"-""",,,,~~~~:!~.<:.-.........._~ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas January 19, 2009 Town Council Minutes 6