Minutes TC 04/21/2008MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 21, 2008
6:00 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, April 21, 2008. 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
Kathleen Wilson Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Park and Recreation Director
Sakura Moten-Dedrick Finance Director
A.1 Mayor Sanders called the Regular Session to order at 6:02 p.m. noting a quorum was present.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION (6:00 P.M. -7:00 P.M.)
A.2 Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, regarding the annual evaluation of the
Town Attorney and Section 551.071 (1) and (2) "Consultation With Attorney," in order to seek the
advice of its attorney about pending litigation, as follows:
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah
Properties pending appeal of decision regarding lighted signage on the East Elevation of
Value Place Hotel (Section 551.071 (1) and (2))
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
Council reconvened into Regular Session at 7:00 p.m.
B.1 Council member Wilson gave the Invocation.
B.2 Mayor Pro Tern Edstrom led the pledges.
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B.3 Citizen presentations:
J.D. Stotts, 1 Narrow Creek Court -Addressed the Council regarding the Highlands at Trophy Club Amenity
Lakes.
B.4 Discuss and take appropriate action regarding a Proclamation declaring May 1st, 2008 as Day of
Prayer in Trophy Club.
Irma Thomas, coordinator of this event, was unable to attend the meeting. Mayor Sanders announced that the
National Day of Prayer will be observed at the Clock Tower on Thursday, May 1, 2008 at 12:00 p.m. In case of
rain, the observation will be moved across the street to the Methodist Church's new sanctuary.
Jim Thomas spoke for Ms. Thomas stating this is the fifteenth year she has spearheaded this event and
encouraged everyone to attend.
Motion made by Wilson, seconded by Moss to approve the Proclamation. Motion passed unanimously without
any discussion.
B.5 Mr. Schweinle, Attorney, Mediator and MUD expert gave a presentation and update on the value
and benefits of Municipal Utility Districts (MUDs) to municipalities, including how the active
participation of the mature Trophy Club MUDs can be utilized to improve the quality of life for
Trophy Club and its residents, and discussion of same.
Presentation only, no action.
B.6 Reports.
(a) Parks and Recreation Director Adam Adams gave his report.
Parks Board representative, J.D. Stotts added that there is a huge difference between the Roanoke and Trophy
Club sports fields and that he was going to contact Roanoke about the need for practice fields.
B.7 Discussion to address questions related to the possibility of constructing a future Police
Department facility.
Mayor Sanders said he placed this item on the Agenda as a result of an anonymous email circulating around the
Town accusing him of trying to take over the Town. There has been no discussion between him and the Town
Manager about the funding of a future Police Department, only brief discussions of the poor Police Department
building condition. These discussions have occurred over the last two budget cycles. The proposal for a Needs
Assessment has been pulled from the last two budget cycles in order to maintain a lean budget. Mayor Sanders
said the one option identified was for EDC to form a Crime Control District with the funding going towards a Police
Department. This decision would be made by the Town Council, not the Mayor and Town Manager.
Mayor Pro Tem Edstrom said that a member of EDC 4A announced the Crime District would occur as fait
accompli at a Park Board meeting. Following this meeting, Edstrom advised a couple of Sports Association
Board members that this issue had not come before Council and in order for this to be considered, it would come
before Council, Council would have to vote on it be placed on a ballot and the final decision would rest with the
residents. Mayor Pro Tem Edstrom asked that the statements made by the EDC 4A member at the April 1, 2008
Park Board meeting be investigated to determine whether certain rules from the Committee Handbook were
violated.
C.1 Discuss and take appropriate action regarding a Resolution amending Resolution 2007-21 to
appoint two citizens to serve on two seats on Tree Board for the remainder of two unexpired
terms.
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Town Manager Emmons stated that there are currently two openings on Tree Board; both positions have been
vacant for over one year. The Town has advertised in the past with no responses. The Tree Board met on April
8,2008 to interview two candidates. Both candidates have a strong interest and desire to be involved in the Town
and are considered solid candidates to fill the existing vacancies.
Motion made by Edstrom, seconded by Cates to appoint John Klauss until 2009 and Melissa Pugh until 2010.
Motion passed unanimously without any discussion.
C.2 Discuss and take appropriate action regarding the Contract with CityBase.Net, Inc. Lewis F.
McLain, Jr. regarding professional services for the evaluation of financial feasibility and impacts
related to the waterlwastewater study.
Mayor Sanders explained the contract revisions provided to the Council during the meeting. Council member
Cates questioned the consultant's objectivity of the facts and analysis and asked for assurance that the MUDs
have agreed to the contract language and costs. .
Council member Wilson questioned the MUDs' contribution to this study and expressed concern regarding
financial accountability if the Town is the only one is paying for the study. Town Manager Emmons said that he
has worked with MUD Manager, Walter Fitzpatrick on the RFQ scope and the recommendation was provided to
the Council at their last meeting. Town Manager Emmons recommended the Council move forward as this
contract has been in the works for eight to nine months.
MUD Director Jim Hase, 209 Inverness Drive -Stated on behalf of the Master District that their position is being
mischaracterized and is concerned about the Council moving forward under this assumption.
I Mayor Pro Tem Edstrom read an insert on Mr. McLain and his credentials explaining that a biased opinion would
be of no value to the residents.
MUD Director Jim Hase would like to get more information about McLain's experience with MUDs. Although the
financial accounting principals are the same for Town and MUDs, Hase stated it would behoove the consultant to
know the purpose of a MUD.
Council member Wilson stated she feels there is some confusion and deflection. The best fair and balanced
report, devoid of confusion is by conducting the study properly in order to provide a stronger foundation.
Town Manager Emmons confirmed that staff received four RFQ's.
MUD Director Jim Hase said that the Master District would like to meet directly with the Town Council. The
Master District feels it would be advantageous to have the study conducted by someone who is unbiased and
would like to know the Council's intent in order to agree to the scope.
Motion made by Edstrom, seconded by Moss to move to a date certain, possibly the May 5 meeting and discuss
in a joint meeting with the Master District Mayor Pro Tem Edstrom stated if the fix is as easy as Director Hase
suggests, the contract should be revised and ready for action at the May 5 meeting.
MUD Director Jim Hase requested two representatives from each entity review prior to this deadline. Mayor Pro
Tem Edstrom requested the Directors send their revisions to the MUD Manager and the Council to the Town
Manager and let those two put together the information. Town Manger Emmons said the Master District was
prOVided the contract approved by the Town Council which the Master District denied without justification.
Director Hase said the Master District would like to have direct communication with the Elected Officials before
approving.
Master District Chair, Carol Borges, 33 Salida Drive -Suggested on a personal note, bullet points describing how
future bonding will be affected after a merge.
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Connie White, 119 Trophy Club Drive -Said it is crucial for the elected officials to meet as the Town Manager has
misinterpreted the agreement.
Pearl Ford, 2 Spring Creek Court -Requested if the Council is going to approve, they do it right and suggested
the two groups get together and discuss.
Council member Moss commented to the adversarial position between the MUDs and the Town Manager. Town
Manager Emmons apologized to the MUDs if he misinterpreted what he heard in the Master District meeting last
Thursday. Emmons agreed that the relationship is adversarial and read an insert from the last Master District
meeting.
Motion to amend made by Wilson, seconded by Moss to refer the vote until after the committee meeting,
consisting of members from both the Town Council and the Master District in order to achieve the purpose of
communication, and putting together a successful contract, occurring prior to the Town Council's May 5 meeting.
Motion to amend passed unanimously.
lVIain motion as amended passed 3:0: 1, with Edstrom abstaining.
Motion made by Edstrom, seconded by Moss to appoint Edstrom and Moss to the group.
Motion passed unanimously without further discussion.
Council recessed for three minutes.
C.3 Discuss and take appropriate action regarding a notice from the Public Utility Commission of
Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right-of Way
Access Line Rates.
Town Manager Emmons provided the background and history regarding this item. Should Council wish to
approve this adjustment; notification must by received by the Public Utility Commission of Texas no later than
April 30, 2008. Town Manager Emmons suggests the Council accept the Consumer Price Index Adjustment.
Motion made by Moss, seconded by Cates to accept the new CPI adjusted 2008 rates (Section 1), asking staff to
take the appropriate action necessary to advise the Public Utility Commission of Texas. Motion passed
unanimously without any discussion.
C.4 Discuss and take appropriate action to approve Minutes dated, March 3, 2008.
Motion made by Edstrom, seconded by Wilson to approved with corrections. Motion passed 3:0:1 with Cates
abstaining.
C.S Discuss and take appropriate action to approve Minutes dated, April 7, 2008.
Council member Wilson requested the citizen's comments be changed to the following:
Pauline Twomey, 203 Oakmont Drive -Reported that the Marshall Creek figures provided by Greg Lamont at a
September 2006 were incorrect. She also questioned Mr. Lamont's reported credentials.
Motion made by Edstrom, seconded by Cates to approved with corrections. Motion passed unanimously without
any discussion.
C.6 Discuss and receive input regarding an Ordinance amending Chapter 10, entitled "Public Safety",
of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and
Solicitations."
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Town Manager Emmons opened and turned over to Council member Wilson. Council member Wilson stated that
she placed this on the agenda after several complaints regarding furniture sales trucks coming and going and
asked that Town Manager Emmons research. Council member Wilson provided the Council with example
ordinances from other municipalities.
Council member Wilson is unable to determine a time restriction in the Town's current Ordinance and likes
Southlake's solicitation ordinance. Council directed staff to revise the current Ordinance and asked that staff
reflect the revisions in a separate document. Town Manager Emmons asked that the Council send him their
suggestions.
Deandra Pugh, 2 Chimney Rock Drive -Asked the Council to consider restrictions on door hangers which are not
covered under Chapter 10, Article IV of the Code of Ordinances or permitted and requested more accountability
for the company handling these
Mayor Pro Tem Edstrom asked Police Chief Kniffen how complaints should be handled on weekends. Chief
Kniffen advised that there is a non-emergency number on the Town's website for the residents to call. Council
member Wilson suggested that this number be added to next month's newsletter.
Input only, no action.
C.7 Reports..
(a) Town Manager Emmons' gave his report.
C.8 Items for Future Agenda.
Council member Cates hopes that the following items stay on the items for Future Agenda:
Review of the Property Maintenance Ordinance, discussion of drainage ditch that runs between Village Trail and
Lakeshore Drive and consideration of improvements for area to create a linear park. Council member Cates also
requested the Council discuss and consider a means for controlling the Trophy Club, Women's Club Garage Sale
traffic. '
Mayor Pro Tem Edstrom requested department's goals and objectives be added as an item for the next agenda
and would like staff to review options of how the Town can improve the upkeep of rental property, with or without
creating a Building Standard Commission. Mayor Pro Tem Edstrom requested a copy of the City of Melissa's
Proclamation to the State Legislation regarding not taking sales tax from road projects, asked that the Ordinance
for the Indemnification of Officers be moved up and requested an update from the Police and Fire Chiefs
regarding proactive measures to flooding.
Council member Wilson would like the item regarding Town Manager Emmons' report on the sound barrier issues
on the east side and TXDOT moved up and would like to be proactive about approaching TXDOT to address.
Council member Wilson would like to readdress the speed limit on Skyline, the possibility of creating a crosswalk·
from Summit Cove across Trophy Club Drive to the County Club and discuss and consider library focus group.
C.9 Discuss and take appropriate action relative to Executive Session Item Number A.2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074 (a)(1))
Motion made by Wilson to give Town Attorney Adams a 5% increase. Motion died for lack of a second.
Motion made by Cates, seconded by Edstrom to give Town Attorney Adams a 4% increase.
Motion passed unanimously without any discussion.
B. Quanah Properties L.P. v. Town of Trophy Club, Cause No. 067 228781 08 and Quanah
Properties pending appeal of decision regarding lighted signage on the East Elevation of
Value Place Hotel (Section 551.071 (1) and (2))
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Motion made by Edstrom, seconded by Cates to approve with the following dates April 25 in the first blank of
Section 4, and June 25 in the second blank of Section 4.
Council member Wilson asked if the developer would be willing to change the painting on the signs to make it
more palatable with the look.
Motion passed 3:1, with Wilson opposing.
0.1 Adjourn.
Motion made by Cates, seconded by Wilson to adjourn.
Meeting adjourned at 9:56 p.m.
(jl.. ~ b~[/\r\ ')9-,
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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