Minutes TC 07/21/2008 - Budget WorkshopMINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCil MEETING FOR THE
TOWN OF TROPHY CLUB
lOCATION: 100 Ml/NICIPAl DRIVE, TROPHY CLUB, TEXAS
Monday, July 21, 2008
5:30 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, July 21, 2008.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COl/NCll MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro T em
Jim Moss Council Member
Glenn Strother Council Member
TOWN COUNCil MEMBERS ABSENT:
Susan Edstrom Council Member
Kathleen Wilson Council Member
STAFF AND Gl/EST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Lee Delk Police Commander
Adam Adams Parks & Recreation Director
Sakura Moten-Dedrick Finance Director
Stephanie Gohlke Financial Analyst
Mike Pastor Information Syst~ms Director
Chris King Building Inspector
Carolyn Huggins Planning and Zoning Coordinator
A.1 Mayor Sanders called the Budget Works Session to order at 5:47 p.m. noting a quorum was
present.
Mayor Sanders announced the absences of Council members Edstrom and Wilson.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget.
Finance Director Sakura Moten-Dedrick provided a summary of the bank balances and Revenue and
Expenditures by Fund/Department, gave an overview of the personnel estimates and reviews and answered
Council's questions.
Town Manager Emmons explained how the need for increased services for new development contributes to
the deficit since services are necessary before the properties contribute to the revenue stream via ad valorem
taxes.
Finance Director Sakura Moten-Dedrick announced that Council will consider the following item at their
August 4, 2008 Meeting: Discuss and take appropriate action regarding a Resolution to approve the
placement of a proposal to adopt a 2008 Tax Rate at the September 22,2008 Town Council Meeting.
Council took a five minute recess.
A.3 Council member Moss gave the Invocation.
A.4 Fire Chief Danny Thomas led the Pledges.
A.S Citizen Presentations:
Ray Wiegand, 7 Brookfield Court -Addressed the Council regarding his fence and the set-back restrictions
currently in place.
Barry HUizenga, 120 Greenhill Trails -Addressed the Council regarding the issues with the TCR Football
Practice Facilities resulting from Beck Park closing and the parking lot construction at Harmony Park.
Amy Diesch, 12 Meadow Ridge Drive -Requested Council's support for Football Practice Fields and
cheerleading.
Mayor Sanders confirmed with Town Manager Emmons the balance on the property maintenance line for
Beck Park.
Mayor Sanders read a Press Release regarding the Community Storehouse's financial trouble. This year the
Storehouse is assisting over 200 families a month, not counting the children from the KISD and NW ISD
areas who are being referred to them. The Storehouse's increase this year is up 55% from last year and they
are requesting help to continue handling this growth volume.
Motion made by Moss; seconded by Strother approve the Consent Agenda, Items B.1 and B.2.
Motion carried unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action regarding the approval of a Second
Modification of the Agreement between the Town and Allied Waste to adopt a rate increase for
solid waste collection, transportation and disposal services.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. May 2008
*REGULAR SESSION
C.1 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled
"Peddlers and Solicitors," in its entirety, of Chapter 10, entitled "Public Safety", of the Code of
Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing
regulations for Peddlers and Solicitors operating within the Town, and discuss and provide
direction to Staff regarding the future addition of handbill regulations to the Ordinance. '
Mayor Sanders stated that this item was requested by Council member Wilson who hoped she could be here
when the Council took final action.
Town Attorney Patricia Adams explained that the Ordinance presented tonight reflects changes discussed at
the June 2, 2008 Council meeting. The defined terms were cleaned up, the requirement for the identification
of a permit applicant or permit holder's race and weight was deleted, the time frame under Section 4.07 was
changed to 9:00 a.m. and 5:00 p.m. seven days a week, excluding those holidays listed in the Ordinance and
the word "Exceptions" was changed to "Affirmative Defenses" simplifying the complaint process in municipal
court. Additionally, the Ordinance was clarified to address magazines and other publications and printed
material which deals with the dissemination of information or opinion. That type of solicitation is not exempt
from the reasonable time, pla~e and manner restrictions in the ordinance, but a permit is not reqUired. i
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Motion made by Strother; seconded by Moss to refer to a future date, with the intent of the August 4, 2008
meeting.
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Motion carried unanimously without any discussion.
C.2 Discuss and take appropriate action to approve Minutes dated, July 7, 2008.
(Wilson was absent from this meeting.)
Motion made by Sterling; seconded by Moss to approve the Minutes dated July i h , 2008.
Sterling modified motion to include a correction to Page 51, under Item D.3, adding Sterling suggested two
alternate designs. The second agreed.
Motion carried unanimously without further discussion.
C.3 Discuss and take appropriate action to approve Minutes dated, July 10,2008.
(Sterling was absent from this meeting.)
Motion made by Moss; seconded by Strother to approve the Minutes dated, July 10, 2008.
Motion carried unanimously without any discussion.
C.4 Discuss and take appropriate action regarding approval of an Ordinance amending Chapter 15
entitled "Taxation" of the Code of Ordinances by adding Article II entitled "Penalty for
Collection Costs for Delinquent Taxes and Assessments" adopting a penalty for the cost of
collecting delinquent accounts in order to defray the costs of collection in accordance with
the Texas Property Tax Code and in accordance with the Town's contractual obligations for
tax collection services.
Town Attorney Adams emailed the draft Ordinance to the Council on Wednesday evening and hard copies
were provided to Council.
Town Manager Emmons explained that this is a renewal of an existing contract with the collection attorneys
who work with Denton County. The Town has worked with these attorneys for the past several years for the
collection of delinquent ad valorem taxes. The Tax Code provides for various penalties in order to defray the
costs of collecting delinquent taxes and PID assessments. The Ordinance is required in order to collect those
costs allowed under the Tax Code. With the addition of the PID assessments, the Town must add delinquent
assessment collection services to its agreement.
Motion made by Moss; seconded by Strother to approve an Ordinance amending Chapter 15 entitled
"Taxation" of the Code of Ordinances by adding Article II entitled "Penalty for Collection Costs for Delinquent
Taxes and Assessments" adopting a penalty for the cost of collecting delinquent accounts in order to defray
the costs of collection in accordance with the Texas Property Tax Code and in accordance with the Town's
contractual obligations for tax collection services.
Motion carried unanimously without any discussion.
a. Discuss and take appropriate action approving a contract between the Town and
McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Berry, White & Vanzant LLP, for the
collection of delinquent property taxes and delinquent public improvement district
assessments.
Motion made by Sterling; seconded by Moss to approve a contract between the Town and McCreary,
Veselka, Bragg & Allen, P.C. and Hayes, Berry, White & VanzantLLP, for the collection of delinquent property
taxes and delinquent pUblic improvement district assessments.
Motion carried unanimously without any discussion
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C.S Discuss and provide input regarding an amendment to Article VI, "Town Council Rules and
Procedures" of Chapter 1, "Administration," of the Code of Ordinances to amend the Council
procedural requirement for a vote to extend meetings past 11 :00 PM.
Mayor Sanders explained the Council requested staff look into changing the procedural requirement for a vote
to extend meetings past 11 :00 PM. as listed in the Rules and Procedures.
Motion made by Strother; seconded by Moss to approve the input for an Ordinance amending Chapter 1,
"Administration," of the Code of Ordinances, Article VI, "Town Council Rules and Procedures" by amending
the Council procedural requirement for a vote to extend meetings past 11 :00 PM.
Motion carried unanimously without any discussion
C.6 Discuss and provide direction to staff and/or take appropriate action regarding Charter
Amendments for the November 2008 ballot and the Charter Review Commission.
Mayor Sanders noted that a draft copy of Council's consensus from their JUly 17, 2008 Joint meeting with the
Charter Review Commission was provided to Council.
Mayor Sanders stated that Denton County Election Administrator, Don Alexander, advised Friday, July 18,
2008 that the Town would have to conduct a separate election and estimated the cost to triple the normal
cost.
Dave Edstrom, 269 Oak Hill Drive -Spoke against several items proposed for the Charter Amendment
election.
Scott Briggs, 12 Hunters Ridge -Spoke in favor of a Charter Amendment election.
1) Add One Councilmember
For -Wilson,
Mixed/For Strother (Strother said it depends if the PAs for 3-year terms and the Mayor
voting move forward)
Against -Moss, Edstrom and Sterling (Sterling feels this should be a package deal with number 2)
Direction: Will not move forward
2) Change from At-Large to At-Large-by-Place Elections
For -Mayor, Wilson and Moss
Mixed
Against -Edstrom
Direction: Move Forward
3) Add Three Year Terms
For -Mayor, Wilson and Sterling
Mixed -Moss, Strother
Against -Edstrom
Direction: Move Forward
Patricia advised that 3 year terms would require a candidate win by majority vote, require districts or places
(not geographical), elections for vacancies would need to occur within 120 days of a vacancy and resign to
run provisions will automatically apply to 3 year terms.
4) Resignation of Council Member Seat
For-Wilson, Moss providing with 2 year terms, Sterling providing it is lumped with the others,
Mayor provided with 3 year terms.
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Mixed
Against
Direction: Move Forward
5) Add Violates Any Express Prohibition of this Charter
For-
Mixed
Against -Mayor, Edstrom, Strother and Sterling
Direction: Will not move forward
6) Filling Vacancies
For-
Mixed
Against-
Direction: Move Forward
Council directed Town Attorney Adams reword language to align with TX Election Code and providing for the
appointment of Mayor Pro-Tem within 30 days.
7) Add Council Compensation
For Mayor, Strother, Moss, Wilson and Sterling
Mixed
Against -Edstrom
Direction: Move Forward
Council confirmed the impact to bUdget would be $15,000 and requested language be added allowing Council
members the option to decline compensation. Direction provided to Town Attorney to rework language to add
option to decline as discussed.
8) Add Mayor Voting On All Matters
For -Wilson
Mixed -Strother would like the Mayor register a vote even if not counted
Against -Edstrom, Moss, Mayor and Sterling
Direction: Move Forward (after the 7/17 Joint meeting)
Direction: Will not move forward (after the 7/21 Town Council meeting)
9) Agenda Request
For-
Mixed Strother
Against -Edstrom, Moss and Sterling
Direction: Will not move forward
10) Conflict of Interest and Abstention Town Council Procedure
For
Mixed Strother
Against -Edstrom, Moss and Sterling
Direction: Will not move forward
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11) Clarify Appointment Procedure
For-
Mixed
Against -Edstrom
Direction: Move Forward
12) Comply with Texas Election Code
For
Mixed
Against-
Direction: Move Forward
13) Clarify Grounds for Recall
ForWilson, Strother
Mixed
Against-Edstrom, Moss
Council is mixed.
Direction: Move Forward
Council requested Town Attorney Adams provide definitions to further define the grounds for recall.
14) Reduce Recall Signatures Required
For'Wilson
Mixed
Against-Moss, Edstrom, Strother and Sterling
Direction: Will not move forward
15) Reduce Required Signatures for Initiative and Referendum
For-Wilson
Mixed
Against -Edstrom, Moss and Strother
Direction: Will not move forward
16) Budget Process Enhancement
For
Mixed
Against -lVIayor and Sterling
Direction: Will not move forward
Council requested Town Manager Emmons and staff rewrite procedures and make suggestions.
17) Franchise Term
For
Mixed
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Against
Direction: Move Forward
18) Code of Ethics and Conduct
For-Wilson, Moss and Strother (for having something to hold Officials to a high
standard but not in favor of a Commission
Mixed
Against -Edstrom, Mayor and Sterling
Direction: Move Forward (after the 7/17 Joint meeting)
Direction: Will not move forward (after the 7/21 Town Council meeting)
19) Charter Review Commission
For-
Mixed
Against -Sterling
Direction: Will not move not forward
a. Discuss and take appropriate action regarding Town Council informational forums and plan
for resident notification relative to Charter Amendments and November election.
No action taken.
C.7 Items for Future Agenda.
Mayor Sanders confirmed No. 3 relates to the State Regulations, asked that it be combined No. 11 and be
brought back to Council soon.
Council member Strother advised that he will coordinate with Town Manager Emmons for long action on No.'
3.
1. Review of the Property Maintenance Ordinance. (Council member Cates)
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
.improvements for area to create a linear park. (Mayor Sanders -Council member Cates)
3. Discuss and receive input regarding an Ordinance amending Article II, "Traffic and Vehicles" of the Code
of Ordinances relating to speed limit reduction. (Council member Moss)
4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same. (Council member Wilson)
5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08)
6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom
1/21/08)
7. Annual update and presentation by the Park Board. (August 4, 2008)
8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council
member Cates -4/21/08)
9. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building
Standard Commission. (Mayor Pro Tem Edstrom -4/21/08)
10. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy
Club Drive to the Country Club (Council member Wilson -4/21/08)
11. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson -4/21/08)
12. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson
4/21/08)
13. Town Council to provide direction to the P & Z Commission regarding Mr. Kaler's Ordinance ideas.
(Council member Wilson -5/5/08)
C.8 Reports.
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(a) Town Manager Emmons gave his Report.
(b) EDC 4A Liaison, Council member Moss gave his report.
(c) EDC 4B Liaison, Council member Strother gave his report.
(d) Parks and Recreation Board Liaison, Council member Moss gave his report.
(e) Council member Moss read a report from MUD Liaison Council member Wilson.
Council convened into Executive Session at 9:42p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
0.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072
Deliberation Regarding Real Property and Section 551.071 (1) and (2) "Consultation with
Attorney", the Council will enter into executive session to discuss the following:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the
Town for future joint Police and Fire facility and legal advice related to potential future
sites and land acquisition.
(2) Legal advice relative to Charter Amendments and November Election.
*REGULAR SESSION
Council convened into Regular Session at 10:10 p.m.
0.2 Discuss and take appropriate action relative to Executive Session Item Number 01.
No action taken.
E.1 Adjourn.
Motion made by Strother; seconded by Moss to adjourn at 10:10 p.m.
Motion carried unanimously.
"--! Il-(J/)L@~n~k,~-s!:..le"-c:""'re::""ta~ryoL..:::=-------Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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