Minutes TC 09/08/2008-,t
MINUTES OF PUBLIC HEARINGS/REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 8, 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, September 8, 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
Jim Moss Council Member
Kathleen Wilson Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom 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
Sakura Moten-Dedrick Finance Director
Stephanie Gohlke Financial Analyst
A.1 Mayor Sanders called the Town Council to order at 7:00 p.m. noting a quorum was present.
A.2 Police Chief Scott Kniffen offered the Invocation.
A.3 Fire Chief Danny Thomas led the Pledges.
A.4 Presentation and volunteer recognition by Police Chief Kniffen regarding the Animal Shelter and
discussion of same.
Police Chief Scott Kniffen acknowledged Emily Quile and Hailey Eagan (not present) for their effort conducting a
fund raiser and donating the money raised to the Trophy Club Animal Shelter. Police Chief Kniffen acknowledged
Deandra Pugh, Danielle Cook, Beth Levin (not present), Lisa Owens (not present) and Madeline Gerow (not
present) for their help assisting with the care and clean up of the Animal Shelter.
Mayor Sanders presented each with a certificate.
A.S Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues
and discussion of same.
Town Manager Emmons thanked Mr. Hodges for addressing the Council's concerns regarding the construction
and street light issues. Town Manager Emmons read a letter submitted by Council member Edstrom, expressing
her disappointment with the services provided by Oncor.
Oncor Area Manager, Danny Hodges explained that the lighting problems are due to the cables. If Oncor is
unable to repair the lighting problems, they will need to bring back employees back from Louisiana who are
helping with Hurricane Gustav cleanup. IVIr. Hodges stated that during the time the street lights were removed
and re-installed, the retail provider was still charging the Town. Oncor is working with the service provider to
issue a refund to for those charges.
Council member Moss asked Mr. Hodges to come back in October and provide an update on Oak Hill and Trophy
Club Drive.
A.6 Citizen Presentations:
Mayor Sanders introduced the new TexasDPS Sergeant, Stephen Oliver.
Roger Williams, 215 Phoenix Drive -Expressed a concern with the discussions that are occurring during the
Executive Sessions.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 4, 2008.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, August 18, 2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve financials and variance report
dated:
a. July 2008.
B.4 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement for
Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste
Program, designating the Assistant Town Manager as the Household Hazardous Waste Collection
Coordinator and designating the Town Manager as the alternate.
Mayor Sanders acknowledged one correction to Item B.2, Minutes dated, August 18, 2008. The Minutes
presented in the packet did not show Parks Director Adam Adams attending.
Motion made by Wilson; seconded by Moss to approve Consent Agenda, Item B.1 through B.4, with the
correction to the August 18, 2008 Minutes. Motion carried unanimously without discussion.
End of Consent
PUBLIC HEARING
Council convened into Public Hearing at 7:31 p.rn.
C.1 Public Hearing: Town Council to conduct 1st Public Hearing regarding the budget and proposed
tax rate increase for fiscal year October 1, 2008 to September 30, 2009 and Mayor to announce the
date, time and place of the vote on the tax rate.
Mayor Sanders announced the second public hearing is scheduled for September 15, 2008. The Town Council
will be voting on the FY09 proposed tax rate on September 22, 2008, during their Regular Session, which starts at
7:00 P.M. The meeting will be held in the Council Chambers.
Town Manager Emmons presented a brief summary of revenues, expenditures and the proposed General Fund.
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Roger Williams, 215 Phoenix Drive -Stated a tax increase this year is unnecessary and when all the taxes for the
Town/MUD are added together the Town has the highest tax rater of all the surrounding communities. Williams
requested the Council put together a task force to review the Budget.
C.2 Public Hearing regarding an Amendment to Planned Development No. 25 (PD-25), Ordinance 2006
39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy Club,
Texas.
No public comments were made.
C.3 Public Hearing regarding an Amendment to the Code of Ordinances of the Town of Trophy ClUb,
Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new
definitions and regulations affecting accessory structures, affecting design criteria, and other
related provisions. (ADM-oS-o29)
Jill Setzer, 4 Crickett Court -Spoke in favor of this Ordinance.
Council reconvened into Regular Session at 8:01 p.m.
*REGULAR SESSION
0.1 Discuss and take appropriate action regarding the review of the Town's FY200S-09 Proposed
Budget and tax rate.
Town Manager Emmons stated that the Town has always maintained a lean budget and that we have not had the
funds to address the streets or the drainage issues. The Town needs to begin planning for its future. The Town
has a low crime rate due to the number of officers on the street. In order to maintain a high quality of life, the
Town needs to address funding that provides these amenities.
Town Manager Emmons confirmed that the Town does fund the Swim Team and there is a Revenue line that is
supposed to fUlly offset this cost. Additionally, the Town generates sales from the concession stand and that
helps offset the Swim Team expenses.
Town Manager Emmons explained the difference between a fund balance and a projected balance. Since
revenue stream is based heavily on property values, cash flow is lower in October through January, but service
costs are weighted fairly evenly throughout the year. The Town does not have $1.5 million in reserves and the
Finance Department is working on a better representation of the reserves. Currently, the Town is operating at
$500,000 per month for expenses, which is the current cost needed to run the Town.
Council member Moss suggested that the Council consider Roger William's suggestion for a task force to look at
these items.
Council member Wilson echoed Council member Moss' sentiment regarding a task force and said she would be
willing to serve and that the budget needs a thorough examination of the service levels, job performance,
accountability and efficiency of all staff members.
Barbara Kadow, 322 Village Trail -Suggested volunteerism rather than hiring an additional police officer as she
feels the Town does not have a need at this time.
No action taken.
0.2 Discuss and take appropriate action regarding an Amendme,nt to Planned Development No. 25
(PD-25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy
Branch, Trophy Club, Texas.
Planning and Zoning Chairman, Gene Hill provided a brief history of this item.
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Motion made by Moss, seconded by Strother to approve an Amendment to Planned Development No. 25 (PD
25), Ordinance 2006-39, Exhibit 5.6 "Sign Criteria" for Value Place Hotel located at 306 Trophy Branch, Trophy
Club, Texas.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Amendment to the Code of Ordinances of the
Town of Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03
amending and adopting new definitions and regulations affecting accessory structures, affecting
design criteria, and other related provisions. (ADM-QS-Q29)
Town Manager Emmons'said that staff has observed that citizens have been able to use a loop hole to avoid
certain standards. The purpose of this amendment is to allow accessory structures to be built closer than ten (10)
feet to the primary dwelling. Under the current regulations, Staff must deny designs for accessory structures
within 1O-ft of the primary dwelling.
Planning and Zoning Chairman, Gene Hill stated that Staff believes that by revising this ordinance it will allow
residents to build outdoor entertainment areas as envisioned by the homeowner, while maintaining life, health,
and fire safety standards to the highest level, as well as maintaining build lines, setbacks and easements. Staff
recommends approval of these changes. On August 21, 2008, the Planning and Zoning Commission conducted
a public hearing and discussion and voted unanimously to recommend to the Town Council approval of changes
to the Town of Trophy Club Code of Ordinances regarding accessory structures, design criteria, definitions and
other miscellaneous provisions.
Motion made by Moss, seconded by Wilson to approve Amendment to the Code of Ordinances of the Town of
Trophy Club, Chapter 13-Zoning, Article II, Section 2.02 and Article V, Section 5.03 amending and adopting new
definitions and regulations affecting accessory structures, affecting design criteria, and other related
provisions. (ADM-08-029)
Council member Wilson said that the current standards are not very sensible and thanked the P & Z Commission
for reviewing.
Motion passed unanimously without further discussion.
D.4 Review and comment from Planning and Zoning Commission to Town Council regarding changes
to Trophy Club Zoning Ordinance for Planned Development No. 25 (PD-25), and changes to
Building Code Ordinances, as suggested by Two (2) Hanna Ct. residents; and discussion of same.
The Planning and Zoning Commission conducted a review and discussion of this item on August 21, 2008 and
made the following comments:
Consideration of changes to zoning should be part of the Comprehensive Land Use Plan update, but requires
a detailed study comparing our current uses to suggested changes, while honoring private ownership rights.
Current lighting codes appear to be good and strict.
Noise codes possibly could use review.
Energy codes should be reviewed; can the Town be "greener".
Changes to the Town building codes should be done through a detailed study by appropriate certified
reviewers, just as a review of the Comprehensive Land Use Plan should be conducted by professional
planners.
Mayor Sanders thanked the Commission for their review.
Mike Kaler, 17 Hanna Court -Spoke in favor of the proposed Ordinance changes and recommended adopting
L.E.E.D. as the standard.
The Council thanked Mr. Kaler for his input and suggestions. Council member Moss asked Mr. Kaler to work with
Town Manager Emmons and the Building Inspector.
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No action taken.
0.5 Discuss and take appropriate action regarding a Resolution accepting a Service and Assessment
Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public
Improvement District No.1 (The Highlands At Trophy Club); setting a date for a public hearing;
authorizing the publication of notice; enacting other related provisions; and providing an effective
date.
Town Manager Emmons explained that this Item references the procedures and a timeline for the levying of
assessments for emergency services. It is the review of the Service and Assessment Plan adoption of the
Resolution accepting the Service and Assessment Plan for Emergency Services and ordering the notices and
public hearing for September 22, 2008.
Motion made by Strother, seconded by Sterling to approve a Draft accepting a Service and Assessment Plan for
authorized services (Emergency Services) for the Town of Trophy Club Public Improvement District NO.1 (The
Highlands At Trophy Club); setting a date for a public hearing; authorizing the publication of notice for September
22,2008.
Council member Moss said that he hopes the home buyers are informed of the additional fees required in the
PID. Town Manager Emmons responded that there is a full disclosure report provided to the potential home
buyers and the Finance Department is working on FAQ for the Town's website.
As counseled by Town Attorney Adams, the mover modified the motion; the second agreed to approve a
Resolution encompassing specifics inthe previous motion.
Motion passed unanimously without further discussion.
0.6 Discuss and take appropriate action regarding the First Modification to the Funding and
Development Agreement between the Town and, Centurion Acquisitions LP for Road and Utility
Improvements to Northwest Parkway Proposed Connector Road.
Town Manager Emmons stated that the purpose of this modification is to allow Centurion American to be
reimbursed for costs associated with design engineering services. Under the Interlocal Agreement between the
Town of Trophy Club, Roanoke, Northwest ISO, and Denton County, all engineering services are included in the
amounts approved by each entity. Upon acceptance of the design plans, the Town, as paying agent, will
reimburse Centurion American for each entity's proportionate share of funds as agreed upon in the Interlocal
Agreement. .
Motion made by Moss, seconded by Sterling to approve the First Modification to the Funding and Development
Agreement between the Town and Centurion Acquisitions, LP for Road and Utility Improvements to Northwest
Parkway Proposed Connector Road.
Motion passed unanimously without further discussion.
0.7 Discuss and take appropriate action regarding an Ordinance approving the change in the Tariffs
for Atmos Energy Corporation, Mid-Tex Division, as a result of the settlement agreement between
Atmos and the Atmos Texas Municipalities; finding the adopted rates to be just and reasonable;
and providing an effective date.
Town Manager Emmons explained that in February and March, the Atmos Texas Municipalities ("ATM") agreed to
increase rates by less than 20% of what was requested by Atmos Energy. In connection with that settlement,
ATM also agreed to a new regUlatory regime known as the "Rate Review Mechanism" or ("RRM"). The first RRM
is to be implemented on October 1, 2008.
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Motion made by Moss, seconded by Wilson to approve an Ordinance approving the change in the Tariffs for
Atmos Energy Corporation, Mid-Tex Division, as a result of the settlement agreement between Atmos and the
Atmos Texas Municipalities; finding the adopted rates to be just and reasonable; and providing an effective date.
Motion passed unanimously without further discussion.
0.8 Discuss and take appropriate action regarding implementation of a "No-Knock/No Trespass"
policy or ordinance.
Mayor Sanders said this item was added by Council member Wilson.. Council member Wilson suggested a no
knock list be developed, added to the Town's web site and distributed to people when they apply for a solicitor's
permit. Council member Wilson stated s this might be better accomplished in a policy; subset to the Ordinance.
Barbara Kadow, 322 Village Trail -Spoke in favor of a No-Knock/No Trespass and requested the Council give
the residents a choice.
Mayor Pro Tem Sterling read the following letters into the record:
Lynda Sanders, 7 Hayes Court -Letter in opposition.
Dave Edstrom, 269 Oak Hill Drive -Letter in opposition.
Council member Susan Edstrom stated her opposition in a letter read into the record by Mayor Sanders. Mayor
Sanders explained how other cities are handling this and feels that it would need to be in an Ordinance tied to the
Peddlers Ordinance. Mayor Sanders said that an Excel list would be difficult to maintain and be inaccurate.
Mayor Sanders suggested that if a list is created, only the address is referenced. Mayor Sanders researched that
other cities administer this type of policy through Utility Billing.
Mayor Pro Tem Sterling stated that this adds yet another layer of government. Mayor Pro Tem Sterling said this
is ultra-prohibitive, and questioned, why the Town should impose this on everyone.
Council member Strother questioned if the Town has had any issues since the recent amendments to the
Solicitors Ordinance. Town Manager Emmons reported that the staff has not seen an upswing in violations.
Town Manager Emmons said that this would require discussions regarding the permitting process and he would
need to work with the MUDs.
Motion made by Sterling, seconded by Strother directing Town Manager Emmons to provide education to the
residents regarding Ordinance 2008-21, in whatever means he finds appropriate and to provide delineation
between the distribution of handbills and solicitations.
Council member Wilson amended the motion to include that Town Manager Emmons work with the MUDs
regarding a joint venture and the possible use of the utility software. Motion to amend died for a lack of a second.
Motion passed 3:0: 1 with Wilson abstaining.
Motion made by Wilson, seconded by Strother instructing the Town Manager to develop a survey regarding the
No-Knock in order to poll the citizens and post in the newsletter.
Council member Strother suggested sending the survey link out via Listserv in order to attract more people. Town
lVIanager Emmons suggested that he be allowed to educate the citizens first; providing the delineation between
handbills and solicitations prior to conducting the survey .. Council member Wilson stated she was amenable to
Town Manager Emmons' suggestion.
Mayor Pro Tem Sterling questioned the details of the survey. Council member Wilson called point of order as
Council should only debate whether the survey should occur or not. .
Council member Moss agreed with Mayor Pro Tem Sterling and objected to a survey.
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Motion tied, with Wilson and Strother for and Sterling and Moss against.
Motion failed 2:3, with Wilson and Strother voting for and Sanders, Sterling and Moss voting against.
0.9 Discuss and take appropriate action regarding the nomination of one person to serve on the
Board of Directors of Denton County Transportation Authority.
Mayor Sanders explained that the nomination form must be returned to the Denton County Commissioner's Court
on or before September 20, 2008.
Motion made by Sterling, seconded by Moss to nominate Bill Walker to the Denton County Transportation
Authority.
Motion passed unanimously without further discussion.
0.10 Discuss and take appropriate action regarding a Resolution amending the Handbook for Elected
and Appointed Officials by amending the section entitled "Applicant ReqUirement for Boards or
Commissions" setting forth eligibility requirements for service.
Town Manager Emmons stated a review of the Handbook was necessary due to the recommendations from EDC
4B and Zoning Board of Adjustment to appoint residents of less than six months to their respective board. This
amendment allows the Council the option of considering those applicants who are interested and qualified to
serve on a Town Boards or Commission, but do not meet the residency requirement.
Mayor Sanders said that staff has since added the residency requirement to the application. If the Council does
not approve this amendment, but appoints an applicant who does not meet this requirement, they would be in
violation of the original Resolution #2006-29.
Motion made by Moss, seconded by Strother to approve a ReSOlution amending the Handbook for Elected and
Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting
forth eligibility requirements for service.
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Council member Strother said that he would like to keep the residency requirement and have the ability to waive if
necessary. Town Attorney Adams said it could be reworded in the last Whereas Clause, Section 2 and in the
handbook under Applicant Requirement for Boards or Commissions.
Council member Moss withdrew his motion.
Council directed staff to make the modifications to the last Whereas and Section 2 allowing a waiver for the voter
registration and/or residency requirement and to bring back on September 15, 2008.
No action taken.
0.11 Discuss and take appropriate action regarding the calling of a Special Council Session on
Monday, September, 15,2008 and subjects for consideration at the meeting.
Motion made by Moss, seconded by Wilson calling a Special Session to be held on September 15, 2008 for the
purpose of conducting a Public Hearing regarding the budget and proposed tax rate increase for fiscal year
October 1, 2008 to September 30, 2009, discussing a Resolution amending the Handbook for Elected and
Appointed Officials by amending the section entitled "Applicant Requirement for Boards or Commissions" setting
forth eligibility requirements for service and to consider and make annual appointments to Boards and
Commissions.
0.12 Items for Future Agenda.
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An item for a presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues (Oak
Hill) and discussion of same. (October 6, 2008) was added. .
D.13 Reports.
(a) Town Manager Emmons gave his report.
(b) Parks and Recreation Board Liaison, Council member Moss gave his report.
EXECUTIVE SESSION
Council did not convene into Executive Session.
E.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.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
F.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn.
Motion carried unanimously. Meeting adjourned at 11 :26 p.m.
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Town of Trophy Club, Texas
Nick Sanders, Mayor
Town of Trophy Club, Texas
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