Minutes TC 04/07/2008MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday,April?,2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club,Texas,mel in a Regular Session on Monday,April 7,2008.The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Susan Edstrom
Jim Moss
Philip Sterling
Kathleen Wilson
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates
STAFF AND GUEST(S)PRESENT:
Brandon Emmons
Stephen Seidel
Lisa Ramsey
Patricia Adams
Danny Thomas
Scott Kniffen
Adam Adams
Sakura Moten-Dedrick
Carolyn Huggins
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
Council Member
Town Manager
Assistant Town Manager
Town Secretary
Town Attorney
Fire Chief
Police Chief
Park and Recreation Director
Finance Director
Planning and Zoning Coordinator
A.1 Mayor Sanders called the Regular Session to order at 7:02 p.m.noting a quorum was present.
A.2 Council member Sterling gave the Invocation.
A.3 Mayor Sander led the pledges.
A.4 Citizen presentations:
Commander Tony Simmons acknowledged the Trophy Club Explorer Post received the following awards at the
Texas Law Enforcement Explorer Advisors Association (TLEEAA)State competition this past Saturday:
Advisor of the year -Tony Simmons
Agency of the year -Trophy Club PD
Trophy Club Officer of the Year -??
Special Appointment -TLEEAA State Director of Regional Representatives -Tony Simmons,Trophy Club PD
Best Post All Around
3'd Place Best team -Total of 80 Teams from across the state -Blue team
4th Place Best team -Red Team
Misdemeanor Traffic Stop with Arrest - 1st Place
April 7,2008 1
Accident Investigation - 1
51 Place
Crime Prevention-2 nd Place
Bomb Threat Response -2 nd Place
Domestic Crisis Intervention -2 nd Place
Robbery in Progr ss -3'd Place
Arrest,Search and Seizure -3'd Place
Crime Scene Search -3'd Place
First Aid -3'd Place
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.
Mayor Pro Tem Edstrom called point of order.Mayor Sanders reminded Ms.Twomey to keep her comments
pertinent to the Council.
Gregory Lamont,15 Avalon Drive -Responded to Ms.Twomey's claim that the numbers were provided to him by
then Finance Director Roger Unger.
A.5 NISD Superintendent Dr.Rue presented an overview of 2008 Northwest ISO Bond Program.
Council moved to Item C.1
A.6 MUD 1 Director,Connie White presented and overview of the issuance of $2,000,000 of tax bonds
and the levy of ad valorem taxes to pay for the bonds (construction and equipment of fire station
and acquisition of land by the Master District).
Council member Wilson requested Item E.2 be moved up after this presentation.
Mayor Pro Tem Edstrom stated that the following facts on the Town's website;Texas State Law currently does
not aI/ow the Town of Trophy Club to tax property in another municipality such as Westlake.However,by Law,
Municipal Utility Districts such as MUD 1 can.Therefore,if fhe Town of Trophy Club owned the Fire Department,
aI/tax monies from the Solana customers would be lost and tax rates would likely increase are not wholly
accurate, and asked that this line be removed or a sentence be added to clarify this statement.
Council member Wilson said the presentation was informative.
Mayor Sanders stated that due to the dJiapidated conditions at the Police department building,discussions have
begun between the Town and the MUDs regarding the option to have one building which houses both the Fire
and Police departments.
Lou Opipare,32 Crestwood Drive -Stated he was the former Director of Police and Fire Services and was here
when the Fire Department was built and the building has surpassed the original intentions.
Greg Lamont,15 Avalon Drive -Opposes the action of the Master District and feels the MUD 2 residents should
be allowed to vote on a new fire station.Mayor Sanders asked Mr.Lamont to limit his speech to this item.
Carol Borges responded to Mr.Lamont's comments regarding the MUDs Fact Sheets.
Council member Sterling confirmed that the new station will allow additional space for vehicles.Director Connie
White said the new fire station will see the Town through the anticipated build out.
Council member Wilson said a community room for the Boy Scouts would be an improvement over the current
conditions of having them in the parking lot.
Item E.2 was moved up.
April?,2008 2
Council member Wilson removed Items B.2,BA,B,5 and B.6 from the Consent Agenda.
Motion made by Edstrom seconded by Moss to approve Items B.l and B.3.Motion passed unanimously without
any discussion.
B.l Consent Agenda:Discuss and take appropriate action to approve financials and variance report
dated:
a.February 2008
B.2 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,November 19,
2007.
Mayor Sanders pointed out the following corrections:strike the sentence,All in favor of closing debate and voting
on the main motion failed 4:1,with Council member Wilson voting against under the Executive Session (page 20
of the packet)and changed the time 10 2;12 a.m.under Adjournment (page 22 of the packet.)
Council member Wilson referenced page 20,the word mistake is duplicated and precede should be proceed.
Page 18,Item F.2 spoke should be spoken and page 21 should be a.m.not p.m.
Motion made by Edstrom,seconded by Wilson to approve the Minutes dated,November 19,2007 with
corrections.Motion passed unanimously withoul any further discussion.
B.3 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,December 17,
2007.
B.4 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,March 3,2008.
Council member Wilson stated Mr.Greg LamonI's comments to Council were lell out and asked that these
minutes be referred 10 the next meeting so this section can be researched.
Item referred.
B.5 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,March 12,2008
(Joint Regional Meeting.)
Council member Wilson corrected A.3(a),page 42,should read state of the art park facility.
Motion made by Wilson,seconded by Edstrom approve the Minutes dated,March 12,2008 with the correction.
Motion passed 3:0:1 with Sterling abstaining.
B.6 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,March 17,2008.
Motion made by Sterling,seconded by Moss to approve the Minutes dated,March 17,2008.Motion passed 3:0:1
with Wilson abstaining.
End of Consent
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
"REGULAR SESSION
C.1 Discuss and take appropriate action regarding a Resolution supporting and encouraging the
passage of the May 10,2008 Northwest ISO $260,000,000 bond.
Mayor Pro T em Edstrom read the Resolution.
April 7,2008 3
Motion made by Moss,seconded by Edstrom to approve the Resolution supporting and encouraging the passage
of the May 10,2008 Northwest ISO $260,000,000 bond.Molion passed unanimously without any discussion.
C.2 Discuss and provide input regarding an Interlocal Agreement between the Town of Trophy Club,
the City of Roanoke,NISD and Denton County for the construction of Northwest Parkway along
NISD property to its intersection with Highway 377.
Attending:Kyle Salzman,Jacobs Carter Burgess
Alvin Jackson,Centurion American
Town Manager Emmons explained this interlocal agreement provides for the funding and construction of the road
to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke to connect at its intersection
with Highway 377.Denton County is providing funding which is divided proportionately between Trophy Club,
Roanoke,and NISD.Under the PID Development Agreement between Centurion American and the Town,
Centurion American is responsible for the costs of construction for the portion of the road that goes across
property owned by Centurion.The agreement contains an exhibit which identifies road segments,the cost of
construction for each segment and identifies the party responsible for those costs.The Town will act as project
manager and lead the contract.
A.Discuss and provide input on the development agreement between the Town and Centurion
American for the extension of Northwest Parkway
The County was uncomfortable with Centurion American being a member to the interlocal development contract,
so the obligations of Centurion American have been outlined in a separate agreement between Centurion and the
Town.A copy of the draft agreement between Centurion American and Trophy Club is also included for your
review.
No action input only.
C.3 Discuss and take appropriate action on a request for approval of a Temporary Use for Off Street
Parking for Model Homes in Planned Development No.27,Neighborhood 3,Phase 1A,for a period
of time of not greater than one year.Applicant:K.Hovnanian Homes -DFW,llC
Attending:Todd Webb,K.Hovnanian Homes
Planning and Zoning Chairman Gene Hill provided K.Hovnanian Homes is building two model homes located at
2216 and 2220 Trophy Club Drive.The builder wishes to place a paved parking lot between the two model
homes;the parking lot is to be located on Lot 10,Block A,which carries the address of 221 a Trophy Club Drive.
This type of request must be heard by the Planning and Zoning Commission for recommendation to the Town
Council.The builder must eventually remove the parking lot,restoring the lot to a buildable single family home lot
as originally shown on the Neighborhood 3,Phase 1A plat.The Planning and Zoning Commission approved this
request on Thursday,April 3,2008 by unanimous vole.
Motion made by Wilson,seconded by Moss to approve the request for approval of a Temporary Use for Off Street
Parking for Model Homes in Planned Development No.27,Neighborhood 3,Phase 1A,for a period of time of not
greater than one year.
Council member Sterling questioned a variance to the Town's Ordinance.Town Attorney Adams advised the
Council could over rule the Planning and Zoning Commission and issue a meritoriously variance for temporary
use.
Motion passed unanimously without further discussion.
C.4 Discuss and take appropriate action on a request for approval of a Temporary Use for a Real
Estate Office (located in a trailer or manufactured housing),Churchill Downs Subdivision,for a
period of time not to exceed six (6)months.Applicant:F &R Adams luxury Homes
April 7,2008 4
Planning and Zoning Chairman Gene Hill provided F &R Adams Luxury Homes requests permission to place a
sales trailer on Lot 19,Block B,which is addressed as 2016 Churchill Downs Lane.F &R Adams Luxury Homes
has a permitted construction trailer on this site,but would like to use the trailer as a sales office as well.For
permission to use a real estate office located in a trailer,the request must be heard by the Planning and Zoning
Commission for recommendation to the Town Council.The Planning and Zoning Commission approved this
request on Thursday,April 3,2008 by unanimous vote.
Motion made by Edstrom,seconded by Sterling to approve the request for approval of a Temporary Use for a
Real Estate Office (Iocaled in a trailer or manufactured housing),Churchill Downs Subdivision,for a period of time
not to exceed six (6)months:denial of awnings currently installed on the trailer,installation of ADA compliant curb
ramp and sidewalk and the installation of landscaping materials at the ends of the trailer and irrigation for the
landscaping.
Amendment made by Sterling,seconded by Wilson to allow the awnings for six months.
Amendment passed 3:1 with Edstrom opposing.
Mayor Pro Tem Edstrom requested Planning and Zoning Coordinator Carolyn Huggins keep track of the six
month period.
Main motion as amended passed unanimously without further discussion
C.5 Discuss and take appropriate action on a request for approval of a Temporary Use for a Real
Estate Office (located in a trailer or manufactured housing),for a period of time not to exceed six
(6)months,Located on Commercial Recreation (CR)Zoned Property.Applicant:Jacobs Carter
Burgess on behalf of Centurion American.Property Owner:ClubCorp Golf of Texas.
Attending:Kyle Salzman,Jacobs Carter Burgess
Alvin Jackson,Centurion American
Planning and Zoning Chairman,Gene Hill said on behalf of Centurion American,Jacobs Carter Burgess requests
permission to place a temporary real estate office on property owned by Trophy Club Country Club (dba ClubCorp
Golf of Texas).The property is located just west of the intersection of Trophy Club Drive and Trophy Lake Drive
with existing tennis facility,courts,and parking located on the site.Centurion American wishes to place the
temporary use real estate sales trailer on the south side of the private drive entrance to the Country Club tennis
courts.Centurion is proposing landscaping and parking additions to the existing tennis facility,these features will
become permanent additions to the site.ClubCorp Golf of Texas must give permission to Centurion for the
temporary use and must indicate their approval of the permanent changes proposed by Centurion.The Planning
and Zoning Commission approved this request on Thursday,April 3,2008 by unanimous vote.
Motion made by Edstrom,seconded by Moss to approve the request for approval of a Temporary Use for a Real
Estate Office (located in a trailer or manufactured housing),for a period of time not to exceed six (6)months,
Located on Commercial Recreation (CR)Zoned Property.
The mover amended the motion to approve with the stall's recommendation of denial of billboard,provide a
dumpster and screening,landscaping and irrigation of landscaping,the second agreed.
Main motion passed unanimously without further discussion
C.G Discuss and take appropriate action regarding a ReSOlution amending Resolution 2007-21 to
appoint one alternate member to serve on ZBA for the remainder of the unexpired term.
ZBA Chairman Bob Downey stated David Equitz a regular member of the Zoning Board of Adjustment,resigned
effective March 15,2008,in order to pursue a job opportunity in the northeastern part of the United States.The
appointment of an alternate member of the Zoning Board of Adjustment to fill the regular member position for the
April 7,2008 5
remainder of Mr.Equitz's term,which expires in 2009 is the recommendation of staff and the ZBA Board.Mr.
Barry's position as an alternate will remain vacant until August when advertising will take place to fill Board
vacancies.
Motion made by Edstrom,seconded by Wilson to appoint Kevin Barry to serve on ZBA for the remainder of the
unexpired term.Motion passed unanimously without further discussion.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session at 9:28 p.m.
D.1 Council to convene into executive session pursuant to Texas Government Code,Annotated,
Subchapter SSt,Section 551,071 (1)"Consultation With Attorney,"in order to seek the advice of
its attorney about pending or contemplated litigation:
A.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 RECONVENE INTO REGULAR SESSION
"REGULAR SESSION
Councll reconvened into Regular Session at 10:15 p.m.
0.2 Discuss and take appropriate action relative to Executive Session Item Number 0.1 and the appeal
of the decision regarding lighted signage on Value Place Hotel East Elevation.
Attending:Arthur Selander,Attorney,Quilling·Selander·Cummiskey-Lownds
Roger Unger,Quanah Properties,LP
David Johnston,Quanah Properties,LP
Arthur Selander,Attorney representing Quanah Properties,Quilling·Selander-Cummiskey·Lownds presented his
clients facts of the case.
Clayton Reed,23 Timberline -Spoke to the process followed by staff and the Planning and Zoning Commissions.
Reed feels this should be left as is as it was approved by staff.
Mark Collins,13 Jamie Court -Voiced his concern with the current signage.
Mayor Sanders asked Mr.Johnson if he would be willing to reduce the number of times the signs changes.Mr.
Johnson said they have already reduced the number and are willing to reduce it further,however currently there is
a hardware issue and further reduction is pending on the resolution of the issue.
Mayor Pro Tem Edstrom confirmed that the sign in Denton is a backlit sign which is different than an LED.
Edstrom noted for the record to date,no one has walked away from this and that the Council is not trying to cause
undue harm.
Roger Unger stated that the former Planning and Zoning Coordinator,Kerin Fleck advised him this did not need to
go back to the Planning and Zoning Commission.
Motion made by Edstrom,seconded by Moss to move past 11:00 p.m.Motion passed unanimously without
further discussion.
Motion made by Edstrom,second by Wilson directing the Town Manager and Town Attorney to work with Quanah
Properties negotiating an equitable agreement for Council's approval.
April 7,2008 6
E.1 Town Manager Emmons gave an update on the traffic study in the area of Trophy Wood to 114 and
Trophy Wood and Inverness to address safety concerns,flow of traffic,number of lanes and
potential for a mandatory turn lane,and discussion of same.
Police Chief Kniffen would like the traffic calming on Indian Creek to go all the way down to the commercial area.
Mayor Pro Tem Edstrom does not favor the calming going into the commercial area.
Public Safety Advisory member Bob Radder spoke to the research and agrees with Council member Wilson's
comments about narrowing the frontage road to one lane and with the Chief's recommendation.
Carol Avery-Daul -110 Summit Cove agreed with Police Chief Kniffen's recommendation to implement traffic
calming lanes all the way to the commercial area.
As directed by the Council,Town Manager Emmons will start the planning process and come back to Council with
and update and approval,if necessary.
E.2 Discuss and take appropriate action regarding the creation of a WaterlWastewater study team and
the following:
A.Contract with CityBase.Net,Inc.lewis F.Mclain,Jr.regarding professional services for the
evaluation of financial impacts and issues.
Town Manager Emmons provided that staff solicited Request for Qualifications (RFQ)as well as proposed Work
Plans from several engineering and financial firms regarding a water/wastewater study.After a thorough review,
including consultation with the MUD Manager Walter Fitzpatrick,staff recommends contracting with Citybase.Net,
Inc.Lewis F.McLain Jr.,to complete the water/wastewater study financial analysis portion of this study not to
exceed the amount of $15,000.
Additionally,staff recommends awarding the professional engineering services,operational,and legal analysis
potions to Freese and Nichols based on their expertise in water utilities and engineering.This will enable staff to
begin contract negotiations at a later date.Freese and Nichols have agreed to work with Mr.Mclain to
incorporate his financial analysis with their evaluation.Master District will consider this item on Thursday and
Town Manager Emmons met with MUD Manager Waller Fitzpatrick regarding the findings and recommendation.
Master District Chair,Carol Borges,33 Salida Drive -Stated the Master District agreed to participate in a
feasibHity and financial study in October 2006 but have not yet agreed to an engineering study.Borges
suggested a committee consisting of two members from each entity to better the discussions.Council member
Wilson likes Borges'idea to create a committee as it would eliminate the breakdown in communication.
Mayor Pro Tern Edstrom clarified that the Master District agreed to the feasibility study even though they have not
reviewed the Company.Director Dean Henry said the Master District will not approve Section A as written.
Master District Chair Carol Borges stated the District will discuss when they meet on Thursday.
B.Consider awarding the engineering,operational analysis,and legal analysis portions of the
Water Study project to Freese and Nichols and authorize staff to begin contract negotiations.
Motion made by Moss,seconded by Edstrom to award a contract with CityBase.Net,Inc.Lewis F.McLain,Jr.
regarding professional services for the evalual10n of financial impacts and issues and pending the MUDs
approval,not exceeding $15,000 and approving staff begin contract negotiations with Freese and Nichols and
authorize staff to begin contract negotiation.Motion passed unanimously without further discussion.
E.3 Discuss and take appropriate action awarding the contract for the Timber Ridge Drive paving and
drainage improvements project,and authorizing the Mayor or his designee to execute necessary
contract documents.
April 7,2008 7
Town Manager Emmons stated staff was shocked by the bids the Town received.Emmons said Council's
options are to award the bid to the lowest bidder or reject all bids and reconsider in May.
Council agreed that the appropriate action is to reject all bids as recommended by staff.
E.4 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2008 including the
Arbor Day Event festivities.
Mayor Pro Tern Edstrom read the proclamation.
Motion made by Wilson,seconded by Moss to approve the Proclamation for Arbor Day 2008.Motion passed
unanimously without any discussion.
E.5 Discuss and take appropriate action regarding the interlocal agreement with Denton County for
the collection of PID assessments.
Motion made by Edstrom,seconded by Wilson approving the interlocal agreement with Denton County for the
collection of PID assessments naming the Town Manager Emmons or his designee to act on the Town's behalf as
indicated under Section XIII.Motion passed unanimously without further discussion.
E.G 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."
Council member Wilson asked that this item be referred to the April 21,2008 meeting.
E.7 Items for Future Agenda.
No items were added.
E.8 Reports.
(a)Town Manager Emmons'gave his report.
(b)EDC 4A Liaison,Council member Moss gave his report.
(cl Parks and Recreation Director,Adam Adams gave a brief update.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session at 12:27 a.m.
F.1 Council to convene into executive session pursuant to Texas Government Code,annotated,
subchapter 551,sections 551.074(a)"Personnel Matters"and 551.071 (1)&(2)"Consultation with
Attorney",respectively,the Council will enter into executive session to discuss the following:
A.Lisa Ramsey,Town Secretary Annual Evaluation,including terms of engagement and
employment contract with the Town (Section 551.074(a))
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
'REGULAR SESSION
Council reconvened into Regular Session at 1:28 a.m.
F.2 Discuss and take appropriate action relative to Executive Session Item Number F1 -Annual
Evaluation of Town Secretary,Lisa Ramsey,and Employment Contract.
April 7,2008 8
Motion made by Edstrom,seconded by Sterling to release Lisa Ramsey from the probationary period,as
completed as satisfactorily and increase her salary by 2%at the completion of her Texas Municipal Clerks
Certification.
Motion passed 4:0:1 with Wilson abstaining.
Council is not in favor of establishing a contract at this time.Mayor Pro Tem Edstrom would like the survey of
surrounding City Secretaries reporting structure be forwarded to the Charter Review Commission.
G.1 Adjourn.
Motion made by Sterling,seconded by Edstrom to adjourn.
Meeting adjourned at 1:34 a.m.
~~~Lisa Ramsey,own Secretary
Town of Trophy Club,Texas
April?,2008
Nick Sanders,Mayor
Town of Trophy Club,Texas
9