Minutes TC 07/23/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 23,2007
7:00 P.M.
STATE OF TEXAS 8
COUNTY OF DENTON 5
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, July
23, 2007. he 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
Sakura Moten-Dedrick
Lisa Ramsey
Patricia Adams
Adam Adams
Scott Kniffen
Danny Thomas
Mike Pastor
Carolyn Huggins
Town Manager
Finance Director
Town Secretary
Town Attorney
Parks and Recreation Director
Police Chief
Fire Chief
IS Director
Planning Coordinator
A.l Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was
present.
A.2 Pastor Ricky Franklin with Rock Hours Church gave the Invocation.
A.3 Fire Chief Danny Thomas led the pledges.
A.4 Citizen presentations.
No citizens addressed Council.
A.5 Discuss and take appropriate action in regard to a Proclamation to recognize the
outstanding achievement by Daniel Mastropiero - Troop #937, and congratulating him on
his achievement of the Eagle Scout Award.
Mayor Sanders announced that Daniel Mastropiero had a conflict in his schedule and was unable
to attend. As soon as Daniel's schedule permits, he will attend to receive his Proclamation.
No action taken.
TOWN COUNCIL RECONVENE INTO REGULAR SESSION
"REGULAR SESSION
B.l Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on
behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and
Final Platting of The Highlands at Trophy Club Master Thoroughfare/lnfrastructure to be
known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres) (FP-
07-01 0).
A. Discuss and take appropriate action regarding the approval of the Subdivider's
Agreement for a 23.685 acre tract of land known as Trophy Club Drive and
Trophy Club Park Drive.
Mayor Sanders introduced the item as having been referred from the July 9, 2007 meeting. Town
Manager Emmons said the Town received a waiver requesting an extension until the end of
August from Carter & Burgess. PID funding in relation to Trophy Club Drive has become the
issue and the cause for the holdup. There are contractual obligations and Carter & Burgess is
currently seeking an Attorney General's opinion on whether the land can be reimbursed thru PID.
Mayor Sanders pulled Item B.l and said this item will be brought back on another Agenda.
Sanders thanked the Town Engineer, Tom Rutledge for attending.
B.2 Discuss and take appropriate action regarding an Ordinance amending Section 8.01
entitled "Applicability/Conflict and Waiver" of Article VIll entitled "Schedule of Fees" of
Chapter 1 entitled "Administration" of the Code of Ordinances by adding subsection "C"
Temporary Suspension" which sets forth the terms, conditions, and expiration of a
temporary suspension of certain building permit fees for qualified residents who
sustained damages as a result of recent storms.
Mayor Sanders said this item was suggested by Council member Cates following the July loth
Town Hall meeting with FEMA and speaks to the appropriateness of waiving certain building fees
for residents either displaced and/or sustained damages as a result of the recent storms. Town
Manager Emmons added residents must first qualify with FEMA and requests will be on select
permits; Electrical Permits, Fence Permits, Mechanical Permits, Retaining Wall Permits, Re-
Roofing Permits. Approval of this Ordinance will allow Town Manager Emmons the authority to
refund fees for Select Permit(s) to Qualified residents.
Motion made by Sterling, seconded by Edstrom to approve.
Mayor Sanders requested Town Manager Emmons to get the word out to the residents.
Motion passed unanimously without any discussion.
B.3 Discuss and take appropriate action regarding a Resolution suspending the July 30, 2007
effective date of the proposal by Atmos Energy, Mid-Texas Division to implement GRlP
Rate Adjustments for gas utility investment in 2006, authorizing participation with the
ATMOS Cities Steering Committee in a review into the basis of the proposed rate
adjustments and authorizing intervention in administrative and court proceedings
involving the proposed GRlP Rate adjustments.
Town Manager Emmons explained GRlP as gas utility companies who persuaded the legislature
in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage
increased investment in transmission and distribution pipe by allowing prompt recovery of
investment. This Resolution will suspend the July 30, 2007 effective date of the proposal by
Atmos Energy, Mid-Tex Division to implement interim grip rate adjustments and will also
authorize a steering committee intervention in administrative and court proceedings. Action must
be taken before July 30, 2007, if Council desires to suspend the effective date.
Motion made by Moss, seconded by Cates to approve.
Motion passed unanimously without any discussion.
B.4 Discuss and take appropriate action to approve Minutes dated May 21, 2007.
Mayor Sanders remarked Council member Sterling was absent from this meeting would need to
abstain from voting.
Motion made by Edstrom, seconded by Cates to approve.
Council member Wilson clarified that she and Council member Moss would need to abstain as
well as this meeting occurred prior to them taking office. Town Attorney, Patricia Adams
explained the Council would need a majority of votes from the Council members who attended
this meeting.
Motion passed 2:0:3, with Edstrom and Cates voting for and Sterling, Wilson and Moss
abstaining.
B.5 Discuss and take appropriate action to approve Minutes from the Town Hall meeting with
FEMA dated July 10, 2007.
Mayor Sanders reported Council did not have a quorum at this meeting and the minutes are only
a transcribed report.
No action taken.
B.6 Discuss and take appropriate action relative to the interlocal agreements between the
Town and the Trophy Club MUDs to provide wholesale water and wastewater treatment
and operational services to the Town.
Town Manger Emmons said the Task Force met as a whole (excluding Kevin Carr) last Friday to
review the proposed contracts for water and wastewater service. The council members
discussed several issues of concern found in the contract documents and both contracts were
reviewed.
The Operational Contract issues dealt with whether the Town could be a party to a contract with
the Master District. There was a consensus that since the Master District has a contractual
obligation to provide the services for the MUDs, we could enter into such an arrangement.
The Access Contract (referred to as the Money Contract) had several issues in which we could
reach consensus. The first was again the discussion of the appropriateness of having the Master
District a party to the contract. The discussion points were that the Master District does not own
facilities; therefore they should not be party to the contract. There was no consensus on this
issue, but the group did agree to readdress this issue after the mediation session between Mud 1
and Mud 2. Like this topic, the definition of "access fee," "meter fee" and "right to use fee" was
discussed. The final issue discussed was that of the termination of the contract without default.
Again, this issue was not resolved by the Task Force.
Council member Wilson reported the Town has some legal questions in regard to the
responsibilities of both MUD 1 and MUD 2 which the Committee will readdress. Council member
Cates said there are questions in relation to the wording on the water tower connection; the
terminology seems too vague considering it is an asset. The next step is the mediation process
between the Utility Districts and clarification whether the Town can contract with the Master
District.
Mayor Sanders summarized the agreement will be brought back to Council after the MUDS,
August 1 5th mediation and after the refinements are made.
No action taken, update report only.
B.7 Discuss and receive input regarding potential amendments to the Charter and the holding
of a November Charter Election.
Town Manager Emmons said the Charter review Committee started reviewing potential
amendments prior to the May election. The Committee consisted of himself, the Town Attorney
Adams and former Council members Williams and Lamont. The Committee solicited input from
the residents and Council and presented that list to the Council in January, at which time the
Council chose to hold the Charter amendment election in November. After the May election,
Mayor Pro Tem Edstrom and Council member Sterling replaced the former two Council members
and have reviewed the list created by the last group. Emmons sought Council's direction for each
item listed in order for staff to prepare the ballot language for review at the August fjth meeting
and consider an Ordinance calling the election on August 23, 2007.
Mayor Sanders said he thought that having a Charter amendment election in November as
opposed to the May election would remove the politics and not become campaign issues.
Mayor Pro Tem Edstrom is not in favor of districting at this time due to the potential build-out and
requested the Charter Amendment information be distributed to the residents as soon as
possible. Council member Sterling agreed with Edstrom about holding off on redistricting.
Council member Cates feels that limiting the number of terms to two consecutive terms limits the
incumbents and thinks three year terms would be good. Mayor Sanders added that other cities
with three year terms like it as two year terms is too short.
Council member Moss has concern with limiting the number of terms to two consecutive terms
limits as it is the citizen's choice to vote someone out. The Council agreed with Moss.
Per Council's direction, staff will be preparing ballot language for the following amendments:
Section 3.01 Selection of Terms - Propose 3 year terms
Section 3.16 (b) Procedure for Enacting Ordinances and Resolutions; Publications - Amend
section to specify "majority of the Council" is necessary to pass an ordinance rather than (3) or
more members
Section 4.07 Town Secretary - Propose Town Manager to appoint Town Secretary with Council
affirming the appointment
Section 6.01 and 6.03 - Recall - Removal based on 1 ground rather than "more than one ground"
In favor with an understanding and possible definitions of grounds.
Section 7.03 Referendum -Allow for language to include non-binding referendums
Section 10.03 Power to Grant Franchise - Propose to change limit to allow a franchise with a 30
year term (Current term is 20)
Council is not in favor of the following:
Section 3.01 Number of Terms - limit to 2 consecutive terms for the same position (would allow
for council to run for Mayor and vice versa)
Section 5.04 (d) Filing for Office - Propose resign to run provision for elected officials
"Section 6.04(f) Recall - Propose changing 45 day specific requirement for calling election to
general requirement for removal of Council member (allow for time to comply with statutory
requirements)
Not in favor following legal counsel's recommendation.
Council is not in favor of the following until final build-out is complete:
Section 3.01 Number, Selection and Term - Propose creation of four single member districts and
one at-large district
Section 3.01 Number, Selection and Term - Propose creation of 2 districts (divided along MUD
lines) with 2 members and one at-large district
Section 3.06 Mayor - Propose allowing Mayor to vote in all matters
Mayor Sanders requested Town Manager Emmons inform the residents of the proposed changes
in more detail via the website and listserv and encouraged the Council to do the same with their
constituents. The Town Council will consider an Ordinance calling the election on August 20,
2007 and Election Day is November 6,2007.
No action taken, input only.
B.8 Discuss and receive input regarding suggested revisions to the Ethics Section of the
Handbook for Elected and Appointed Officials.
Mayor Sander explained the concept and approval of Resolution 2006 - 29 which established
guidelines and procedures for boards, commissions and citizen advisory groups to utilize when
conducting meetings and when generally performing their duties. Staff was directed to work on
an Ethics Ordinance last November and the Ethics Section was included in the Handbook in
December 2006. Sanders said the intent of this section was not to stop freedom of speech.
Complaints were received during the last and election and although they went through the
cursory process, raised questions that Council needs to examine. Mayor Sanders allowed the
Council members to delineate section of the handbook they wanted staff to revise.
Council member Moss believes the code of ethics is an honor system of respect among people
that can be used for personal agendas and twisted for political purposes. Although he has no
objections to the Ethics Code, he cautioned how it could be misconstrued by someone who is
vindictive. Moss has concern about appointing an ethics review committee.
Council member Cates feels #3, Conduct of Town Officials, is too vague and would like to see
clearer definitions and phrases or words that are not so antagonistic. Cates spoke to #5, Conduct
of Public Meetings, stating the Town Council meetings are not the place to air personal laundry.
Cates is not in favor of an independent committee to review complaints.
Mayor Pro Tem Edstrom referred to her comments in 2006 about this being a slippery slope,
saying that the Town is now on that slope. Edstrom thinks it is difficult to police how and what
people can say and would like to focus on how the Town's volunteer base is treated rather than at
self governance. #18, Implementation should be self enforcing, #19, Compliance and
Enforcement and #20, Procedure for Enforcement should be removed. Edstrom also suggested
removing the signature page and any area that gives the interpretation that people cannot
express themselves that removal should be based on true violations and they do not want people
to be inhibited.
Council member Sterling agrees there is a problem legislating ethics, as ethics come from within
and feels sad that the Town has to have one. Sterling is concerned that clearer definitions
remove interpretation and may become too restrictive and does not favor a separate ethics
committee as there is no way to ensure that these volunteers would be any less biases. Sterling
thinks the current policy is good and suggested people talk to those with whom they have a
complaint against. All elected and appointed officials are volunteers and all should be held to the
same standards, no changes should be made that will impede the Town's government.
Council member Wilson agrees with the unfortunate need for an Ethics Section and that the
Statement of Commitment should read Please Consider This a Statement of Commitment. This
suggests that everyone have good behavior, if Council determines that someone is not acting in
the best interest of the Town, they can be replaced, just like a Council member can be voted out
of office. A citizen's presentation will either negate or give credence to the point they are trying to
make. Wilson feels the volunteers are what make the Town work.
Mayor Sander challenged the Council to reconsider removing the statement of commitment which
is the agreement to uphold the Code of Ethics and Conduct and lists model behavior. The
Council reconsidered with the consensus to keep the statement of commitment, suggested
changing the language under #3, Conduct of Town Officials to include the bullets under the
statement of commitment and to remove #19, Compliance and Enforcement and #20, Procedure
for Enforcement.
Dave Edstrom, 269 Oak Hill Drive - Earlier this year requested the Council remove #3 as he
believes this section penalizes the volunteers. Edstrom feels the Council has had a huge
negative impact on the volunteers over the last few years and requested them to move away from
this type of policy.
Greg Lamont, 15 Avalon Drive - Feels the citizen presentation is a coward's presentation
considering the Council is not allowed to respond. Lamont is in favor of an ethics review
committee and feels the Ethics Section should stay in the Handbook.
Council member Moss called for a point of clarification, stating the citizen presentation should
happen under A.4 not during this item; Wilson seconded the point of clarification. Mayor Sanders
counseled Mr. Lamont about addressing the specifics of the item before council.
Mayor Sanders requested staff make the suggested revisions, bring back to Council one more
time for input and then back at a subsequent meeting for approval.
No action taken, input only.
B.9 Items for Future Agenda.
Item 1 was removed by Council member Cates.
Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
Review of the Property Maintenance Ordinance.
Discussion about storm water discharge from pools.
Discussion of the drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for the area to create a linear park.
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System
Research grant possibilities regarding phase two street calming/sidewalks.
Discuss and take appropriate action regarding using the Trophy Club Times as the Town's
newsletter.
Discuss and provide input regarding amendments to Section 4.05(8)(2) of Article IV, Chapter
5 of the Code of Ordinances relating to number, size and placement of political signs.
Discuss and take appropriate action regarding the authorization levels on procurement
purchases.
Mayor Sanders requested the items include the requesting Council member names and date of
the request. Mayor Pro Tem Edstrom requested information regarding the Building Standards to
be forwarded to the Council. Council requested a report from EDC 4B on the Buxton Group.
B.10 Reports. 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.
a) Town Manager Emmons gave the Charter Review Committee report under Item B.7.
b) Council member Sterling gave the EDC 48 report.
c) Town Manager Emmons gave his report.
C.l Discuss and review preliminary FY 2007-08 Budget.
Town Manager Emmons explained the two files sent to Council; the first is the responses to
issues raised at the last meeting on July 13, 2007 and the second is a "condensed" version of the
budget generated from our budget software system, in which a "delta" column that essentially
shows any increases/decreases since the July 13, 2007 meeting. This budget update does not
include either the anticipated $100K in tax revenue or the addition of the Deputy Fire Chief yet. It
does, however, have the HR Coordinator and Financial Analyst in with a January 2008 hire date.
Emmons concluded his update with a report on Ad Valorem Taxes and Bonds.
D.1 Adjourn.
Motion made by Wilson, seconded by Moss to adjourn.
Meeting adjourned at 9:47 p.m.
L.,T A9 4- fib"P-PL2-i;
Lisa Ramsey, TOW( secretary - 1
Town of ~roph~ Club, Texas I
Nick Sanders, Mayor
Town of Trophy club, Texas