Minutes TC 12/01/2008MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 1, 2008
7:00 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,
December 1, 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
Kathleen Wilson Council Member
Jim Moss Council lVIember
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m.
A.2 Council Member Strother offered the Invocation.
A.3 Town Manager Emmons led the Pledges.
A.4 Citizen Presentations:
Dean Henry, 308 Oakmont Drive -Advised the Council of MUDs action to merge MUD1 and
MUD2.
Mayor Sander's advised the Council of the following corrections:
Item B.2 -November 3, 2008 Minutes, page 13 of the packet: Jo Boclair changed to Joe Boclair
Item 8.3 November 13, 2008 Minutes, page 24 of the packet: insert we in the statement "Council
Member Wilson requested that we act in a ", page 24, of the packet: Peggy Swiney changed
to Sweeney, remove the from Margi Cantrell's comment and correct McCain to McLain on page
23.
Mayor Sanders removed Item B.4.
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. October 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 3, 2008.
Town Council Minutes -December 1, 2008
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 13, 200S.
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 16, 200S.
Mayor Sanders suggested that the goals created by Council at this meeting be attached as part
of the Minutes.
Motion made by Edstrom, seconded by Moss to approve the Minutes dated November 16,2008
with inclusion of goals created at the workshop.
B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 17, 200S.
Motion made be Edstrom, seconded by Strother to approve Items B.1, B.2, B.3 and B.5 with
corrections noted.
Motion passed unanimously without discussion.
PUBLIC HEARING
Public Hearing opened at 7:08 p.m.
C.1 Public Hearing to consider an Amendment to Town Ordinance No. 2007-15 P&Z,
the same being PD -Planned Development District No. 27, the Highlands, to reflect
a change to Table No. 4-1 entitled "Summary of Lot Type Regulations" of Exhibit
"B" entitled "Development Standards" to correct an inconsistency in the ordinance
relative to Lot Type 3 side yard requirements. (PD AMD-DS-D2S)
No citizens addressed the Council.
C.2 Public Hearing to Consider a Request for Replat of Lot 3, Block B, Trophy Wood
Business Center into Lots 3R1 and 3R2, Block B. Applicant: Larry Stewart, Owner,
Represented by Pate Surveyors. (RP-DS-D16)
No citizens addressed the Council.
C.3 Public Hearing to consider an Amendment to Town Ordinance No. 2002-41 P&Z,
the same being PD-25, Trophy Wood Business Center for Final Detailed Site Plan
approval for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and Plant List,
Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light
Fixtures, Sign Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC
(SP-DS-D09)
Scott Voigt, 540 Timber Ridge Drive -Spoke in favor of the hotel.
Public Hearing closed at 7:12 p.m.
Town Council reconvened into Regular Session.
*REGLILAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Town
Ordinance No. 2007-15 P&Z, the same being PD -Planned Development District
No. 27, the Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot
Town Council Minutes -December 1, 2008 2
Type Regulations" of Exhibit "B" entitled "Development Standards" to correct an
inconsistency in the ordinance relative to Lot Type 3 side yard requirements. (PO
AMD-oS-o2S)
Planning and Zoning Chair Hill reported the Commission recommended approval 5: 1, with
Commissioner Ashby opposing and Vice-chairman Stephens excused absence.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Town
Ordinance No. 2007-15 P&Z, the same being PO -Planned Development District No. 27, the
Highlands, to reflect a change to Table No. 4-1 entitled "Summary of Lot Type Regulations" of
Exhibit "B" entitled "Development Standards" to correct an inconsistency in the ordinance relative
to Lot Type 3 side yard requirements. (PO AMD-08-028)
Council member Strother confirmed that only the tables are being changed in this Ordinance.
Motion passed unanimously without further discussion.
0.2 Discuss and take appropriate action regarding a request for Replat of Lot 3, Block
B, Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant:
Larry Stewart, Owner, Represented by Pate Surveyors. (RP-oS-o16)
Larry Stewart (owner) and Brian Dench with Pate Surveyors were present.
Planning and Zoning Chair Hill reported the Commission unanimously recommended approval.
Motion made by Sterling, seconded by Edstrom to approve a request for Replat of Lot 3, Block B,
Trophy Wood Business Center into Lots 3R1 and 3R2, Block B. Applicant Larry Stewart,
Owner, Represented by Pate Surveyors. (RP-08-016)
Motion passed unanimously without any discussion.
0.3 Discuss and take appropriate action regarding an Ordinance amending Town
Ordinance No. 2002-41 P&Z, the same being PO No. 25, Trophy Wood Business
Center, amending Exhibit "0" entitled "Site Plans", to adopt a detailed final site
plant for Tract 7 (Lot 3R1, Block A), including a Landscape Plan and Plant List,
Building Elevations, Sight Line Studies, Civil Site Plan, Photometric Plan & Light
Fixtures, Sign Criteria, and Development Schedule. Applicant: Hydra Hotels, LLC
(SP-oS-o09)
Raj Chudasama (chew-DOS-a-ma), owner of Hydra Hotels and Tomden Engineering
representatives Juan Vasquez, Engineer and Jeff Morrison, Project Manager were present.
Planning and Zoning Chair Hill reported the Commission unanimously recommended that Council
approve an amendment to Town Ordinance No. 2002-41 P&Z.
Motion made by Moss, seconded by Strother to approve Ordinance amending Town Ordinance
No. 2002-41 P&Z, the same being PO No. 25, Trophy Wood Business Center, amending Exhibit
"0" entitled "Site Plans", to adopt a detailed final site plant for Tract 7 (Lot 3R1, Block A),
including a Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Civil Site Plan,
Photometric Plan & Light Fixtures, Sign Criteria, and Development Schedule. Applicant Hydra
Hotels, LLC (SP-08-009)
Juan Vasquez advised that the drainage plan was approved by the Town's Engineering firm.
Planning and Zoning Coordinator Carolyn Huggins explained that there will be a total of three
signs; on the front, on the right east and one monument with stone. The signage is illuminated,
Town Council Minutes -December 1, 2008 3
will be back lit in red lettering and will not blink. Huggins passed around the paint chip so that
Council could get an idea of the color and contrast of the colors.
Raj Chudasama said that they would be amenable to a color change and noted Mayor Sanders
suggestion for more stone.
Council member Wilson said that she appreciates the way the Owner, Engineer and Project
Manager have worked with the staff and residents. Wilson stated that she is not sure this is a
good thing for the Town; however she cannot do anything but vote, as all the requirements have
been met for this amendment.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding a garbage cart pilot program.
Jeri Harwell from Allied Waste gave the presentation and asked the Council to consider a pilot
program. Harwell stated that the pilot programs in Roanoke and Westlake have been successful
and that Allied will handle all notification and track the residential response.
The Council discussed recycling carts and Harwell stated she would be happy to conduct a
recycle campaign, however she suggested introducing the garbage cart pilot program first.
Council member Edstrom is opposed to carts. Edstrom stated concern about security; people will
know that you are not home if carts are left out and said that this type of automation should
reduce the Town's cost.
Dennis Sheridan, 1 Hillcrest -Spoke in opposition of garbage carts.
Steven Kohs, 18 Overhill -Spoke in opposition of garbage carts.
Peggy Sweeney, 51 Meadowbrook -Spoke in opposition of garbage carts.
Tommy Lewis, 6 Heather Glen Circle -Spoke in opposition of garbage carts.
Mayor Pro Tem Sterling spoke in favor of the program, stating that the wheels carry the weight of
the cart and that this is a much simpler and tidier means for garbage disposal.
Council member Wilson said that she has spoken with cities who are piloting this program and
they love it. Wilson proposed tabling until January and after the item for city wide surveys is
discussed and, if approved, the citizens can vote on the idea of a pilot program.
Council member Moss is not in favor of carts and realizes that the cost for renewing the contract
may go up substantially.
No action taken.
D.5 Discuss and take appropriate action regarding the award/rejection of bids for a
500,000 Gallon Elevated Storage Water Tank, and authorizing the Town Manager or
his designee to execute all necessary contract documents.
Town Manager Emmons advised that the status had not changed since November 17,2008. The
bids were opened on November 10, 2008. $1.2 million was originally budgeted for this project,
with $960,000 being part of the PID bond funds. The low bid received was $1.47million for the
total cost of the tank. In addition to the other estimated costs associated to construction, $75,000
for inspection costs and $80,000 for engineering design and project administration; a total cost of
$1.6 million. The PID construction and funding agreement requires that the developer or owner is
responsible for the construction cost overruns. Centurion American will be responsible for
approximately $600,000 as opposed to $260,000 originally estimated and budgeted. Emmons
stated that a meeting to work out the funding agreement is scheduled with the developer on
Town Council Minutes -December 1, 2008 . 4
December 2, 2008 and recommended the Council refer this item to the December 15, 2008
meeting.
No action was taken by the Council.
0.6 Discuss and take appropriate action regarding an Ordinance amending Section
2.03(8) entitled "Stop Signs" of Article II, entitled "Traffic and Vehicles", of Chapter
10 entitled "Public Safety", of the Code of Ordinances of the Town, to designate
additional stop intersections and authorizing the placement of additional stop
signs at designated locations within the Town.
Motion made by Edstrom, seconded by Sterling to approve. an Ordinance amending Section
2.03(8) entitled "Stop Signs" of Article II, entitled "Traffic and Vehicles", of Chapter 10 entitled
"Public Safety", of the Code of Ordinances of the Town, to designate additional stop intersections
and authorizing the placement of additional stop signs at designated locations within the Town.
Motion passed unanimously without any discussion.
0.7 Discuss and take appropriate action regarding direction on McLain report, funding
of additional costs, additional data, extending scope of services and additional
action related to the report.
Town Manager Emmons said the first payment of $7,500, split between the Master District and
Town has been made, leaving the remaining balance of $7,500 due. Once the balance of $7,500
has been paid, McLain will provide the fil)ancial plan that covers the planning period FY 2008
2012, with four scenarios and a phasing plan. Emmons offered McLain's suggestion of a website
depository containing all information for an additional $10,000. .
The Council discussed if the IT Department could set up a similar web page at a reduced cost.
Town Manager Emmons explained that the IT Department is extremely proficient, but the time to
convert the information would be time consuming.
Council member Moss said that he does feel the Town should not pay any additional money
since McLain did not produce the numbers Moss expected.
Mayor Sanders stated he felt that the information is extremely valuable.
Council member Edstrom said the governance issue is key and until it is resolved the numbers
will not matter. Edstrom suggested the IT Department determine what is involved to set of a web
site page and report back to Council.
Motion made by Sterling, seconded by Strother to move forward fUlfilling the original obligation of
the Contract with McLain as required to receive the prepared data, with the stipulation that the
MUDs move forward at the current budgeted amount.
Dave Glaser, 15 Overhill -Commented that if the Town is going to work with the MUDs, one
common set of numbers is needed and to bring the IT Department in now might delay the
process.
Motion amended by Sterling not to exceed $15,000 total, the second agreed ...
The amendment (To move forward fulfilling the original obligation of the Contract with McLain as
required to receive the prepared data, with the stipulation that the MUDs mov~ forward at the
current budgeted amount, not to exceed $15,000 total) passed unanimously without any
discussion.
Town Council Minutes -December 1, 2008 5
Motion amended by Sterling to replace with the stipulation with contingent and to add by both
parties at the end, the second agreed.
The amendment, (To move forward fulfilling the original obligation of the Contract with McLain as
required to receive the prepared data, contingent that the MUDs move forward at the current
budgeted amount, not to exceed $15,000 total by both parties) passed 4: 1, with Moss opposing.
Motion made by Sterling, seconded by Strother to move forward to fulfill the original obligation of
the Contract with McLain to receive the prepared data, contingent upon the MUDs moving
forward as well, and not to exceed $15,000 of both parties.
Amendment passed 4: 1, with Moss opposing.
Motion as amended passed unanimously without further discussion.
D.8 Report by Town Manager Emmons regarding the Teague, Nail & Perkins drainage
study on Over Hill Drive; discuss and take appropriate action regarding same.
Town Manager Emmons introduced the item and recommended the implementation of Phase 1,
asking Council to authorize the staff to make changes to the inlets, not exceeding $10,000.
Dave Glaser, 15 Overhill Drive-Spoke in favor of Council taking action.
Larry Crosser, 17 Overhill Drive -Spoke in favor of Council taking action.
Council member Strother felt the Town Engineer did not go far enol1gh out in the ditch in order to
obtain adequate data. Strother said that he would prefer to table this item until a meeting with the
Town Engineer can be held and a better study can be conducted.
Council directed Town Manager Emmons to schedule a meeting between the Town Engineer and
Council member Strother and a few of the residents in order to answer some questions. Council
member Moss requested to be included in the meeting. Mayor Sanders would like this item to
come back as soon as possible.
D.9 Discuss and take appropriate action regarding the Town's position on the
consolidation of MUD 1 and MUD 2, inclUding time frame and plan of action.
Mayor Sanders updated the Council on the MUDs action on Saturday, November 22,2008 and of
the opinions received in 1995 by MUD Attorney Bob West and Town Attorney John Hill. Sanders
said the MUDS are committed to merging and that the Water Code is very specific on how to
merge.
Council member Edstrom would like to understand the day to day governance issue prior to
determining which option is best; consolidation of MUD 1 and MUD 2 or the Town consolidating
MUD 2. Council member Moss agreed with Edstrom and said the long range goal is for the
Town to be the operator of the Utility Districts.
Council member Strother indicated that the McLain Study provided options to get the Town
moving in the right direction, and that the residents should decide which is the best option.
Council member Edstrom requested the Council convene into an Executive Session for Legal
advice.
Mayor Sanders announced a five-minute break.
Town Council convened into Executive Session at 9:27 p.m. to receive Legal Advise for Items 0.9
and E.1.
Town Council Minutes-December 1, 2008 6
Town Council reconvened into Regular Session at 11 :24 p.m.
Council member Strother asked Master District Chair Connie White to explain the consolidation
task force created between MUD1 and MUD2. Chair White explained that the Task Force was
created to evaluate the options of a merger/consolidation; legal implications, requirements for
keeping tax rates separate and the best way to inform the citizens. Strother asked White if there
would be an issue having a Council member on this Task Force as he feels it would be beneficial.
White stated that she did not see a·problem with a representative from Council and that an
update from this Task Force is anticipated on December 8, 2008.
Council directed Town Attorney Adams to research the Town's involvement and/or implications
regarding the consolidation effort.
Council members Wilson and Strother volunteered to serve on the Master District's Task Force,
created on Saturday, November 22, 2008 for the purpose of evaluating options of a
merger/consolidation.
No action taken, direction only.
D.10 Items for Future Agenda.
No action taken.
EXECUTIVE SESSION
E.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 relative to the following:
(1) Legal advice relative to employment services provided by the Town to the
MUDs/Master District, the New Intergovernmental Contract for Employee Services
(2008) between the Town and the Trophy Club Master District, and amendments
thereto.
*REGULAR SESSION
E.2 Discuss and take appropriate action regarding employee services provided by the
Town to the MUDs/Master District, the New Intergovernmental Contract for
Employee Services (2008) between the Town and the Trophy Club Master District,
and amendments thereto.
Motion made by Strother, seconded Moss to approve the redlined amendment, sUbject to MUDs
approval, and directed Town Manager Emmons and Town Attorney Patricia Adams to continue
review of the entire contract
Town Attorney Adams said that she was informed by the MUD's Attorneys that they would only
work on the sections as directed by their clients.
Considering the February 13, 2008 Contract renewal date, Strother amended the motion directing
Town Attorney Adams to review and resolve all sections in question, prior to Council's first
meeting in January. The second agreed to the change.
The amendment (directing Town Attorney Adams to review and resolve all sections in question,
prior to Council's first meeting in January) passed unanimously without any disCussion.
Town Council Minutes -December 1, 2008 7
Motion made by Strother, seconded Moss to approve the redlined amendment, subject to MUDs
approval, and directing Town Attorney Adams to review and resolve all sections in question, prior
to Council's first meeting in January passed unanimously without further discussion.
F.1 Adjourn
Motion made by Wilson, seconded by Edstrom to adjourn. Meeting adjourned at 11:47 p.m.
/J/l ndk/lJ! ~ V~nnek, Town Sec~ ~anders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes -December 1, 2008 8