Minutes TC 03/17/2008MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday,March 17,2008
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,March 17,2008.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Susan Edstrom
Pam Cales
Jim Moss
Philip Sterling
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson
STAFF AND GUEST(S)PRESENT:
Brandon Emmons
Stephen Seidel
Usa Ramsey
Patricia Adams
Danny Thomas
Scott Kniffen
Adam Adams
Sakura Moten-Dedrick
Tammy Ard
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
HR Coordinator
A,1 Mayor Sanders called the Regular Session to order at 7:00 p.m.noting a quorum was present.
A.2 Police Chief Kniffen gave the Invocation.
A.3 Fire Chief Thomas led the pledges.
A.4 Citizen presentations:
Roger Williams.215 Phoenix -Requested the Town take a position against the MUD1 Bond as the citizens do
not have enough details to build the station.Mr.Williams suggested that the Town should have a referendum
allowing all the citizens to vote fro a new stalion.
A.S Discuss and take appropriate action regarding a Proclamation recognizing April as Friends of the
Family,Sexual Assault Awareness month.
Mayor Pro Tem Edstrom read the Proclamation.
Motion made by Moss,seconded by Cates to approve the Proclamation.Motion passed unanimously without any
discussion.
March 17,2008 1
Mayor Sanders introduced Tiffany Coleman from Friends of the Family.Ms.Coleman thanked the Council and
Community for their support since 2002.
A.6 Presentation by Wellspring Insurance Company,Rodney Dryden regarding Health Savings
Accounts (HSAs)and discussion of same.
As requested by Council during the last budget cycle,Rodney Dryden from Wellspring Insurance Company gave
a brief presentation explaining Health Savings Accounts and Health Reimbursement Arrangements.
A.7 Receive update and recommendations from the Public Safety Advisory Group regarding a
potential amendment to Chapter X,entitled "Public Safety",of the Code of Ordinances of the
Town of Trophy Club to enact Article XIV,regulating the use of mobile phones and entitled "Use
of Hand-Held Mobile Telephones Prohibited In School Zones",and discussion of same.
Lou Opipare from the Public Safety Advisory Group gave a presentation listing the Group's considerations for
evaluating a Cellular Telephone Ordinance.The Public Safety Advisory Group identified potential hazards and
options for enforcement.The Group recommends that if the Council decides to ban hand-held cellular phones in
the school zones,then they should ban their use throughout the entire town.
Barbie Kadow,322 Village Trail-Spoke against an Ordinance banning cell phones in a school lones.
Town Council Candidate,Michael Zerger,220 Oak Hill Dr.-Suggested people speaking on cell phones are as
dangerous as drunk drivers,and agreed with the Public Safety's Advisory Group's recommendation of prohibiting
handheld cell phones for the entire community should Council ban in school lanes.
Council member Sterling does not feel the Town has the necessary resources to enlorce and that public
awareness is a more effective tool.
Council member Cates agreed with Sterling that the Council should not legislate this and encouraged people not
to drive while talking on a cell phone.
Council member Moss said it is impossible to regulate people with rules that Ihey are nol going to pay attention 10.
Mayor Sanders advised this item was posted for Council input only.Staff should not pursue an amendment to
Chapter X,entitled "Public Safety",of the Code of Ordinances of the Town of Trophy Club to enact Article XIV,
regulating the use of mobile phones and entitled "Use of Hand-Held Mobile Telephones Prohibited In School
Zones",due to lack of support from the Council.
Consent Agenda
Motion made by Edstrom,seconded by Sterling to approve Items B.1 -B.4.Motion passed unanimously without
any discussion.
6.1 Consent Agenda:Discuss and take appropriate action regarding a Joint Election Contract
between the Town of Trophy Club and the Northwest Independent School District.
8.2 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,December 3,
2007.
6.3 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,February 4,
2008.
6.4 Consent Agenda:Discuss and take appropriate action to approve Minutes dated,February 18,
2008.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
March 17.2008 2
PUBLIC HEARING
C.l Public Hearing to request a Replat of Lot 3,Block A,Trophy Wood Business Center.Applicant:
Highway 114 Prospect,LTD (RP-OB-013)
Public Hearing opened at 7:55 p.m.
Rick Horn from Pate Engineering and representative for the owner of PD·25 introduced himself.
No speakers addressed the Council
Public Hearing closed at 7:59 p.m.
Mayor Sanders requested Item 0.4 be considered next.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
"REGULAR SESSION
0.1 Discuss and take appropriate action regarding a request for Replat of Lot 3,Block A,Trophy
Wood Business Center.Applicant:Highway 114 Prospect,LTD (RP-08-013)
Planning and Zoning Chairman,Gene Hill advised lhallhe applicant,Highway 114 Prospect,Ltd.,came before
the Planning and Zoning Commission on February 21,2008 with a request for replat of Lot 3,Block A,Trophy
Wood Business Center.The raplat will divide Lot 3,Block A,into two lots,Lot 3A1 (Tract 7)of approximately
2.024 acres and Lot 3R2 (Tract 6)of approximately 0.938 acres,in order to match the concept plan outlined in
Planned Development No.25 (PD·25)regulations which governs the development and use of these lots.The
replat will not change the zoning or uses of the tracts.Information provided by Staff to the Commission noted the
site is zoned as Planned Development 25.The PD·25 concept site plan and zoning were approved in December
2002.The Town's Thoroughfare Plan requirements have been previously met when the developer built Trophy
Wood Drive and Plaza Drive.The site is within an area identified on the Comprehensive Land Use Plan for
CommerciaVProfessional uses and the replat adheres to the Comprehensive Land Use Plan.As required by
ordinance,a notice of Public Hearing was published in the Town's ollicial newspaper on February 29,2008.
Property owner notification was sent to owners within 200-11.of this replat although it was not a requirement to do
so.Staff reviewed the Town's Code of Ordinances requirements for plat approval and discovered that the replat
complies with the Subdivision Regulations,Comprehensive Land Use Plan,Comprehensive Zoning Ordinance
and the intent of Planned Development No.25.Based on these actions and findings,Staff recommended to the
Planning and Zoning Commission that the developer's replat request be approved.
At its February 21,2008,meeting the Commission heard,reviewed and discussed the developer's request for
replat of Lot 3,Block A into Lots 3R1 and 3R2,Trophy Wood Business Center.
By a vote of 5-2,with Commissioners Sheridan and Ashby voting against,the Commission recommended
approval of the replat request to the Town Council.
Motion made by Moss,seconded by Edstrom to approve a replat of Lot 3,Block A,Trophy Wood Business
Cenler.Applicant:Highway 114 Prospect,LTD (RP-08-013).
Council member Cates questioned why the owner wanls to divide the Lot.Town Manager Emmons responded
that no format plans have been presented to the Town and deferred to Rick Horn,representative for the applicant.
Mr.Horn said that there are no specific plans as of yet.
Motion passed unanimously without further discussion.
0.2 Discuss and take appropriate action regarding the acceptance of the fiscal year audit ending
September 30,2007.
March 17,2008 3
Managing Partner Shawn Parker from Weaver and Tidwell was present.Finance Director Sakura Dedrick gave a
brief synopsis of the audit process.Mr.Parker announced the Town received an unqualified opinion with two
material weaknesses.
Neil Twomey and J.D.Harvey from the Audit Committee were present.Mr.Twomey asked the Council to
recognize that the control procedures were not questioned like last year and commended Finance Director Moten
for her help and hard work.Mayor Sanders and Town Manger Emmons complimented Council Member Cates for
her weekend work helping to implement controls and doing internal audits of P·card transactions.
Motion made by Edstrom,seconded by Sterling accepting of the fiscal year audit ending September 30,2007.
Motion passed unanimously without further discussion.
0.3 Review and discuss Comprehensive Land Use Plan Revision Proposals from Town Consultants.
Town Manager Emmons said on January 21,2008,the Town Council discussed and considered conducting a
land use study for all commercially zoned properties.The Council directed that he bring back an outline of the
process necessary to update the Comprehensive Land Use Plan (Comp Plan).
On February 12,2008,Town Manager Emmons met with Town Engineering Consultants,Teague,Nail &Perkins
(TNP)10 discuss a timetable and Comprehensive Plan scope.TNP was directed to return a proposal lor review
of the Comprehensive Plan.The proposal was emailed to the Council on Friday,March 14,2008.Currently Ihe
funds are budgeted for the Comprehensive Plan Review.This project will need at be deferred until next fiscal
year.
D.4 Discuss and take appropriate action to amend Chapter 3,Article XV of the Code of Ordinances of
the Town,entitled "Swimming PoolsM
;by amending Section 15.01 "Definitions",Section 15.02
"Applicability and Prohibited Conduct",and Section 15.04 (I)"Draining of Swimming Pools",and
providing an effective date.
Town Manager Emmons referenced the Storm Water Management Plan adopted by Council in February and the
discussions regarding pool discharge and backwash requirements mandated by TCEQ.Staff was previously
advised by TCEQ that filtered backwash of pools is considered elicit and unauthorized.As of Friday,March 14,
2008,TCEQ informed Town Staff that elicit discharge would not be considered unauthorized.Town Manager
Emmons asked the Council to determine if they are going to set policy lor pool compliance now or wait until the
State mandates.Emmons recommended Council not take action tonight and wait until staff receives the
additional information they have requested from TCEQ.
Council member Cates would like to wait until the State mandates and requested TCEQ submit their decision in
writing to the Town.Mayor Pro Tem Edstrom is frustrated that Staff is receiving two different stories form TCEQ
and requested a representative speak to the Council on record.Mayor Sanders acknowledged the Cities 01
Arlington,Grapevine,Farmers Branch and Southlake have adopted similar ordinances.
Larry Hoover,1118 Berkshire Court -Spoke against this Ordinance and is upset with the information previously
provided by staff regarding this issue.
Peggy Sweeney,51 Meadowbrook -Thanked the Council and staff who worked on the revisions to the proposed
Ordinance.
J.D.Harvey,5 Sunrise Court -Spoke against this Ordinance.
Ryan Chitwood.10 Overhill Drive -Expressed disappointment that Council would consider waiting for Slate
mandates to approve.
Council member Moss defended the Council advising they reviewed the information provided and proceeded
according to legal requirements.
Motion made by Edstrom,seconded by Moss to refer to a date uncertain.Motion passed unanimously without
any further discussion.
March 17.2008 4
0.5 Discuss and take appropriate action authorizing staff to purchase two inspection trucks.
Town Manager Emmons stated the purpose of this purchase is to adequately equip the inspectors for the Public
Improvement District (PID)projects.As part of the approved project cost,the Town charges a flat fee of 5%of
the construction for inspections services.The prevailing rate for a full-time contract inspector is approximately
S80 per hour.The Town will be able to hire a full-time inspector and provide the necessary equipment at a
significantly reduced rate from that of an outside contractor inspector.One truck will be used by the new
inspector and the second will be used by our current inspector,who is currently using his personal vehicle.The
vehicles will be purchased using PID funds and will not have an impact on the current budget.Town Manager
Emmons provided a cost analysis as requested by Council member Cates.Mayor Sanders confirmed that the
Town is not going to finance the vehicles.PIO Funds ae budgeled to pay for the vehicles and they are dedicated
to inspections.
Motion made by Moss,seconded by Edstrom authorizing staff to purchase two inspection trucks.Motion passed
unanimously without further discussion.
0.6 Discuss and provide input regarding Council's process and procedures for issuing performance
reviews on the Town Manager,Town Attorney and Town Secretary.
Mayor Sanders suggested the reviews occur at the April meeting and suggested reviewing the Town Attorney and
Town Secretary at one meeting and the Town Manager at the other.Sanders asked the three individual to
provide a self evaluation and Council requested that the three to advise them how they are working together and
oller any suggestions on how this process might be improved.Mayor Pro Tern Edstrom and Council member
Cates acknowledged the employment agreement requested last year by the Town Secretary and suggested the
Town Secretary bring forth ffer any such agreement for consideration.
Pearl Ford,P.O.Box 301 -Suggested the Council wait until Staff's next review before changing the evaluation
forms and offered to assist in revising.In addition,Ms.Ford suggested Council only review one person per
meeting.
Council agreed with the suggestion of only doing one review per meeting.There was no objection from Adams,
Ramsey or Emmons to Council conducting one review per meeting,even though it would require that one
individual's review will occur in May.
0.7 Items for Future Agenda.
Mayor Sanders requested Item 3 Discuss and receive input regarding an Ordinance amending Section 4.05(8)(2)
of Article IV,Chapter 5 of the Code of Ordinances relating to number,size and placement of political signs,be
removed from the list and Item 4 Discuss and take appropriate action regarding an Ordinance for the
Indemnification of Officers as it relates to section 3.21 of the Town Charter,be researched and brought back on
April 7,2008.Sanders would like a presentation from the MUDs regarding the funding of the proposed Fire
Station,and add an item for Council discussion related to how Council plans to address the financial statement
proposition that was noted in the most recent Audit.
0.8 Reports.
(a)Town Manager Emmons'gave his report
(b)EDC 48 Staff Liaison,Stephen Seidel gave the report since Council Liaison Sterling was absent from
the meeting.
(c)Parks and Recreation Director,Adam Adams gave a brief update.
E.1 Adjourn.
Motion made by Sterling,seconded by Edstrom to adjourn.
Meeling adjourned at 9:45 p.m.
March 17,2008 5
Town of Trophy Club,Texas
March 17,2008
Nick Sanders.Mayor
Town of Trophy Club,Texas
6