Minutes TC 12/15/2008MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 15, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a R~gular Session on Monday, December 15, 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 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
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks and Recreation Director
A.1 Mayor Sanders called to order and announce a quorum at 7:02 p.m.
A.2 Fire Chief Thomas offered the Invocation.
A.3 Council member Wilson led the Pledges.
A.4 Citizen Presentations:
No citizens presented.
Motion made by Edstrom, seconded by Sterling to approve Consent Agenda, Item B.1.
Motion passed unanimously without discussion.
B.1 Consent Agenda: Discuss and take appropriate action authorizing the expenditure from GASB/34
for replacement printers.
*REGULAR SESSION
Council considered Item C.2 prior to C.1.
C.1 Discuss and take appropriate action regarding the adoption of the Master Park Plan.
Parks and Recreation Director Adam Adams gave a brief presentation highlighting the key points contained within
the document. Adams explained that following the adoption of the document, Council will receive bound copies of
the plan and Staff will move forward to schedule a Town Hall meeting concerning the plan.
Town Council Minutes -December 15, 2008
Motion made by Edstrom, seconded by Moss to approve the adoption of the Master Park Plan.
Council member Edstrom clarified that the Town Hall meetings would be informational and not for the purpose of
seeking additional input. Town Manager Emmons said that the meetings would be an unveiling of what has been
determined as community needs .
.Director Adams said the plan for Trophy Club Park is approximately one year out and finalization of this plan
could change the main concept. Adams concluded his presentation by explaining the protocol for amendment
submittals to the CORPS.
Motion passed unanimously without further discussion.
C.2 Discuss and take appropriate action regarding an Ordinance amending Section 2.01 entitled
"Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of
the Code of Ordinances to re-appoint and extend the term of the current Presiding and Alternate.
JUdges to January, 2011.
Motion made by Wilson, seconded by Strother to approve an Ordinance amending Section 2.01 entitled
"Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of the Code of
Ordinances to re-appoint and extend the term of the current Presiding and Alternate Judges to January, 2011.
Motion passed unanimously without any discussion.
Mayor Sanders administered the Oath of Office and Statement of Appointed Official to the Honorable Judge Mark
Chambers and Honorable Eric Ransleban.
Both Judges thanked the Council for the opportunity serve.
C.3 Discuss and take appropriate action regarding an Ordinance amending various sections of Article
VIII, "Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled Administration", including
Sub-5ections 8.02, 8.03, 8.06, and 8.16.
Town Manager Emmons explained the proposed changes and said that these changes are in addition to the
revisions made on November 17, 2008.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending various sections of Article VIII,
"Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled Administration", including Sub-Sections 8.02,
8.03, 8.06, and 8.16.
Robert Hoch -245 Oak Hill Drive -Spoke against the fees associated with wildlife euthanasia.
Town Manager Emmons said that if Council removes this fee, the Town will still be charged for euthanasia
services according to the contract approved November 3, 2008 with Brian the Animal Guy.
Police Chief Kniffen said the decision to stop transporting animals was made after considering the potential
liabilities; remaining it takes an officer off the streets, and heightens the potential for injury if the employee is
scratched or bitten. The department has approximately 50-60 disposals per year.
Council member Edstrom agreed with Mr. Hoch, and said that charging a fee would only encourage people not to
call.
Council Member Edstrom changed her motion to remove the disposal fee, and add captured in privately owned
trap after wildlife under 2.05, Section 8.06 Animal Control, G, Euthanasia, the second agreed.
Town Council Minutes -December 15,2008 2
Motion to approve an Ordinance amending various sections of Article VIII, "Schedule of Fees", Chapter 1 of the
Code of Ordinances, entitled Administration", including Sub-Sections 8.02, 8.03, 8.06, and 8.16, removing
disposal fee and adding captured in privately owned trap after wildlife under 2.05, Section 8.06 Animal Control, G,
Euthanasia, passed unanimously without further discussion.
C.4 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire
Protection Services between Trophy Club Municipal Utility District No.1, Trophy Club Municipal
Utility District No.2 and the Town of Trophy Club. .
Mayor Sanders pointed out the change under a. Funding.
Motion made by Moss, seconded by Wilson to approve an Interlocal Cooperation Agreement for Fire Protection
Services between Trophy Club Municipal Utility District No.1, Trophy Club Municipal Utility District NO.2 and the
Town of Trophy Club with the substitution of rent expense for construction costs, under a. Funding, 3.
Mayor Sanders explained the reason for the proposed change.
After much discussion by Council regarding the language change, Council member Strother moved the previous
question.
Motion to close debate, passed unanimously.
The Motion (to approve an Inter/ocal Cooperation Agreement for Fire Protection Services between Trophy Club
Municipal Utility District No.1, Trophy Club Municipal Utility District NO.2 and the Town of Trophy Club with the
substitution of rent expense for construction costs; under a.Funding, 3) passed 4: 1, with Edstrom opposing.
C.S 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.
At Council's November 17, 2008 meeting, Council members Edstrom and Wilson agreed to work together and
revamp the Citizen of the Year (COY) program and report back prior to the end of the year. The following is their
report:
• Three category descriptions (philanthropic, civic and young adult volunteer) were added
• The criteria that excluded elected officials was removed (although they do not think election officials
should be excluded either
• Added criteria that the individual cannot receive compensation for their efforts
• . Dates still need to be determined
• Changed from a Board to Committee -suggested to follow suit with I\IRH; one council member
nominates one person and the past COY winners are included to participate
• Committee members should recuse themselves from the selection process should they know a nominee
Mayor Pro Tem Sterling liked the categories, but said that philanthropic and civic are intermingling. Council
member Edstrom explained the difference; civic, i.e. Boy/Girl Scout troop leaders, and philanthropic, i.e. similar to
the events hosted by the Trophy Club Women's Club, (Tour of Homes, etc.) ,
Mayor Sanders suggested that the catego'ry be indicated by the person making the nomination. Sanders prefers
to move the date forward and feels that the recipient could still be recognized on July 4th regardless of when
Citizen of the Year is announced. Council member Strother and Mayor Pro Tem Sterling agreed with the Mayor
on pushing up the date until February or March.
Kevin Carr, 15 Edgemere Drive -Questioned if a person could be being nominated in more than one area?
Steven Kohs, 18 Overhill Drive -Agreed with nomination and award process.'
Town Council Minutes -December 15, 2008 3
Council member Edstrom summarized the suggestions and changes discussed by Council; adding definitions to
philanthropic and civic, changing the date, adding a category, encouraging nominations based on volunteerism as
opposed to a paid position.
No action taken, input only.
C.6 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 explained the cash flow issue in aspect to the development. Emmons suggested
Council not award the bid yet as Landmark will hold the bid for 300 days at market value.
Council discussed the water situation as it relates to thenew school opening in August and slowing new home
construction.
No action taken.
C.7 Discuss and take appropriate action regarding an Ordinance amending Section 1.10 entitled
"Impounding of Animals" of Article I entitled "Animals" of Chapter 2 entitled "Animal Control" of
the Code of Ordinances by adding subsection F entitled "Surrender of Animals" and setting forth
certain regulations relating to the surrender of domestic animals.
Motion made by Wilson, seconded by Moss to approve an Ordinance amending Section 1.10 entitled
"Impounding of Animals" of Article I entitled "Animals" of Chapter 2 entitled "Animal Control" of the Code of
Ordinances by adding subsection F entitled "Surrender of Animals" and setting forth certain regulations relating to
the surrender of domestic animals.
Council 'member Wilson thanked Police Chief Kniffen's for his memo and stated that due to the hard economical
times, she understands the need for this Ordinance.
Motion passed unanimously without any discussion.
C.B Discuss and take appropriate action regarding policies and procedures for implementing a
community wide survey program.
Town Manager Emmons stated that Staff was asked to conduct research into several surveying tools that would
provide a more secure and accurate mechanism than our current system. Staff found an online survey tool that
can tie back into the utility billing system for user verification. Along with the verification, a PIN will be provided on
the utility bill each month. The cost to develop the interface and the survey tool is estimated at $5,000. It is a one
time charge with unlimited usage. Emmons asked for Council to set guidelines for conducting surveys.
Mayor Sanders confirmed that the IT department reviewed the software/network capabilities. Sanders requested
the Council to remember the age of some residents
Town Manger Emmons stated that the $5,000 cost is not budgeted and suggested that the MUDs might be
interested in splitting the cost.
Council member Edstrom stated concern that people might get inundated with surveys.
Council member Wilson clarified that her direction to Town Manager Emmons was to work with the IT Director in
order to provide a recommendation to the Council. Wilson commented that the Town's website posts language
encouraging community involvement and that surveys are one way to accomplish this.
Council directed Town Manager Emmons to research funding options and to also develop guidelines for surveys.
Town Manager Emmons stated he would bring this item back to Council at their second meeting in January.
Town Council Minutes -December 15, 2008 4
C.9 Discuss and take appropriate action regarding an exception to the Handbook for Elected and
Appointed Officials.
Mayor Sanders explained that the Council was not informed that Mr. Downey was currently seated on the Tree
Board and the Zoning Board of Adjustment (ZBA) when they appointed him to the Charter Review Committee
(CRC.) Sanders suggested Council make an exemption for this case.
Motion made by Edstrom, seconded by Wilson to make and exception in the case of Mr. Bob Downey and seat on
the ZBA, Tree Board and CRC.
Motion passed unanimously without further discussion.
C.10 Discuss and take appropriate action regarding Council involvement with and input to the Charter
Review Commission (CRC) and regarding any necessary amendments to Resolution 2008-20.
Mayor Sanders clarified that Council members cannot serve on the CRC and asked Council to provide further
direction to Staff regarding their involvement with the CRC.
CRC Chairman Rose addressed Council regarding Bedford's Charter Amendments and requested a joint session
with Council in January. Roses stated the majority of work is complete and only three or four amendments are
left to be reviewed. Rose described the white paper as other areas the CRC noted as problems, however the
amendments take precedence.
Town Attorney Adams said that she met with Bill Rose and Dick Hobday on the amendments. Adams advised
that all potential amendments affect one another. Adams asked the Council to provide dear direction at the first
meeting in January so that she can prepare and have ballot language ready for Council's review at the second
meeting in January. Adams reminded the Council that the Resolution focuses and tasks the CRC on only the 19
amendments and Staff will need to know if Council chooses to go beyond the 19 proposed amendments.
Council member Wilson said she recalled that the CRC was going to re-examine the 19 potential amendments in
order to streamline the process. CRC Board member, Roger Williams understood that the CRC was to gather the
data and the Attorney would prepare the ballot language for Council to approve.
Town Attorney Adams requested that the Council direct her on which of the 19 potential amendments she should
work on otherwise she would begin work on all 19.
Council member Moss recalled the Council. providing direction ;n only some of the 19 amendments.
Mayor Pro Tem Sterling said that 19 seems overly complex and is in favor of bundling the amendments.
Council member Edstrom cautioned the group that the amendments should be for the benefit of all and not just
one person.
Council members Moss and Edstrom and Mayor Pro Tem Sterling were in favor of Staff working on the subset of
the 19 proposed amendment and Council members Strother and Wilson were in favor of Staff working on all 19
proposed amendments.
This item will come back at the first meeting in January.
C.11 Discuss and provide direction to the Town of Trophy Club Council representatives serving on the
Municipal Utility District Consolidation Task Force.
MUD Director Jim Thomas informed the Council of the meeting on Tuesday, December 16, 2008 and explained
the MUD Director Jim Hase will present a list of tasks to be researched.
Town Council Minutes -December 15, 2008 5
Mayor Sanders confirmed that Town Manager Emmons was notified of the meeting and requested that Council
members Wilson and Strother be provided a copy of the list of tasks and direction.
Council member Edstrom and Mayor Pro Tem Sterling asked Wilson and Strother to keep their mind on the best
option for the entire community and ways to facilitate the next step.
No action taken, direction only.
Council took a five-minute recess.
C.12 General discussion regarding potential legislative issues during the 2009 Texas Legislative
session that would likely impact the Town of Trophy Club.
Mayor Sanders updated the Council on a meeting that he and Town Manager Emmons attended with Texas State
Representative Vicki Truitt. Town Manager Emmons explained a few of the pre-filed bills.
C.13 Town Manager Emmons reported on the following:
1. McLain Report Payment Update
2. Intergovernment Contract for Employee Services
Town Manager Emmons provided a brief update on the McLain Report Payment and Intergovernment Contract
for Employee Services
C.14 Items for Future Agenda.
Council member Edstrom asked that #5 be brought forward.
5. Discuss and take appropriate action real estate signs and their placement on Town right of ways.
(Chapter 5, "General Land Use," Article IV, "Sign Regulations," Section 4.05, 'Temporary Signs," 0, "Real
Estate Signs')(added at 8/18/08 Council Meeting)
Town Manager Emmons said that he will bring this item to Council at their second meeting in January.
0.1 Adjourn.
~:~;;~g, seoond~ bYW~LP:1030p.m.
Lisa Henne, own Se retary Nick Sanders, Mayo
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes -December 15, 2008 6