Minutes TC 08/17/2009REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 17, 2009 at 6:00 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. August 17,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Glenn Strother
Philip Sterling
Susan Edstrom
Kathleen Wilson
Bill Rose
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Planning and Zoning Manager
Adam Adams Parks and Recreation Director
Mayor White called the Council to order and announced a quorum at 6:00 P.M.
1. Budget Discussion (6:00 -7:00 P.M.)
Finance Director Kathy DuBose began the discussion by explaining the effective tax rate and the rollback
tax rate.
Mayor White stated that the MUDs will be conducting a water rate study. Council members Edstrom and
Sterling requested that the MUDs include governmental rates in this study.
Finance Director Kathy DuBose explained that the Benchmark Analyst will be responsible for working with
each Department to track their performance management measures, cost services analysis (compared to
other cities), evaluation performance measures, and tracking the transactions that the Accounts Payable
Clerk performs each year.
Council member Edstrom stated that the bench mark requirement is based from one of the Charter
Amendments passed in May. Edstrorn requested that this employee also track how rnuch time they are
spending in order to fulfill this new requirement.
Mayor White and Council member Wilson feel that the Benchmark Analyst responsibilities do not require
a full-time employee and might be accomplished with the current staff and/or the Assistant Town
Manager.
Council member Wilson suggested that the Assistant Town Manager assume the bench mark
responsibilities. Town Manager Emmons explained said that the Assistant Town Manager has been
assisting with this requirement. The re'sponsibilities of this new position require a full-time employee,
dedicated solely to the requirements as defined in the Charter Amendment. Town Manger Emmons
explained that the Manager's Intern compiled the historical data necessary to begin the benchmarking
and also began working on standardizing purchases for uniforms and other purchases.
Council member Wilson offered that benchmarking might fall under the Ways and Means Commission.
Wilson stated she was elected to ask the hard questions and questioned the necessity of the position of
Assistant Town Manager as she had a question last Friday and was referred to the Front Desk
Receptionist considering the Town Manager and the Assistant Town Manager were both out of the office.
Wilson continued that it is not the place of the Front Desk Receptionist to answer her questions.
Council member Sterling defended the position of the Assistant Town Manager, especially considering
the Economic Development oversight. Sterling does not question this position's viability.
Town Manager Emmons explained that several employees have vacation time that needs to be used
before the end of the fiscal year; therefore, it is possible that he and the Assistant Town Manager may be
out at the same time. Emmons stated that the employees knew to contact the Assistant Town Manager
in an emergency. Emmons asked if Council member Wilson was able to get her question resolved as he
was in the office all day today and had not heard from her.
Mayor White called the group back to order.
Council member Edstrom reminded the Council that each one of them was elected to serve this
community. Edstrom commented that the creation of a Ways and Means Committee is taking a step
backward as the Town now has a professional staff to perform these functions. The creation of a Ways
and Means committee would put unnecessary burden on the staff and the Council needs to consider the
effect such Committee would have on staff. Edstrom added that just because the Assistant Town
Manager was out on Friday does not mean that this position is irrelevant. Edstrom stated that there are
two choices, one to over-burden the current staff in order to satisfy the bench mark requirement, or hire a
full-time position in order to satisfy this Charter requirement.
Mayor White requested that a list of personnel, funding for each position and job descriptions be provided
for the next budget workshop.
The Council took a 5 minute break.
Invocation offered by Council member Sterling.
Pledges led by Finance Director Kathy DuBose.
Citizen Presentations:
No Citizens addressed the Council.
2. 09-286-T Consider and take appropriate action regarding a request from Municipal Utility
District No. 1 to approve a Final Plat of Lots 1-3, Block 1, Municipal Utility District No. 1
Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) (Presented by Fire Chief
Danny Thomas) Staff Report -TC August 17, 2009.pdf
August 17, 2009 Town Council Minutes 2
Town Engineer, Tom Rutledge was in attendance.
Planning and Zoning Chairman, Gene Hill provided the case summary.
Council member Rose questioned the 1.5 difference in acres in the plat and the owner's certificate. Town
Engineer, Tom Rutledge explained that the difference is netted out due to the right of way.
Motion made by Strother, seconded by Edstrom to approve a Final Plat of Lots 1-3, Block 1, Municipal
Utility District No.1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030)
Motion passed unanimously without further discussion.
CONSENT AGENDA
Council Member Sterling pulled Item 3.
3. 09-326-T Consent Agenda: Consider and take appropriate action regarding an expenditure of
Court Technology funds not to exceed $1,500 for a replacement laptop for the Municipal
Court.
Council Member Sterling feels this is an unnecessary cost. Town Manager Emmons explained that the
purchase is from Court and is in a special earmarked account. This laptop is a special computer and the
State is very specific with what the earmarked funds can be used for.
Motion made by Edstrom, seconded by Rose to approve an expenditure of Court Technology funds not to
exceed $1,500 for a replacement laptop for the Municipal Court.
Motion passed unanimously without further discussion.
PUBLIC HEARING
Public Hearing Opened at 7:23 P.M.
4. 09-287-T Public Hearing regarding changes to the Town of Trophy Club Code of Ordinances,
Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory
Structures and Uses, including without limitation, amending and adopting new regulations
affecting accessory structures (ADM-09-003)
No citizens addressed the Council.
Public Hearing Closed at 7:24 P.M.
REGULAR SESSION
5. 09-288-T Consider and take appropriate action regarding an Ordinance amending Chapter 13-
Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and
Uses of the Code of Ordinances, including without limitation, the adoption of new regulations
affecting accessory structures (ADM-09-003)
Planning and Zoning Chairman Hill stated that the purpose is to define the height of "one story" as used in
Section 5.03 "Accessory Structures and Uses". On August 6, 2009, by a unanimous vote the
Commission recommended approval to the Town Council.
August 17, 2009 Town Council Minutes 3
Council member Rose pointed out an error in the Ordinance. Planning and Zoning Manager Carolyn
Huggins noted a correction.
Council requested this item come back corrected and placed on the Consent Item at the August 24, 2009
meeting.
6. 09-320-T Consider and take appropriate action regarding an Ordinance of the Town Council
of the Town of Trophy Club, calling a bond election for various park purposes, to be held
within the Town in November, 2009, making provisions for the conduct of the election and
other provisions relating thereto.
Town Manager Emmons introduced the item, stating the September 2, 2009 is the deadline for Council to
call the election. Therefore, Emmons considered Council's discussion at the last meeting and presented
three different options for the Council to choose from. Emmons said his intent in providing the option with
a Recreation Center was based on the comments made at the last meeting as well as it allows the
Council to discuss the possibilities in the future.
Mayor White stated that she has always been in favor of a Recreation Center. However, Mayor White did
not realize that by now sitting in the Mayor's Chair, staff would consider her preference and add as
potential ballot language for this election.
Parks and Recreation members J.D. Stotts, Joe Boclair and Larry Lelzner spoke in favor of the bond
election.
Council member Edstrom thanked staff for including the Recreation Center in the options as it allows
Council to discuss. In light of Council's fiduciary responsibilities, Edstrom would like more information
regarding the Recreation Center before adding to a proposition.
Larry Lelzner stated that this Bond Committee actually produced a bond package with more information
compared to other cities. Additionally, Letzner volunteered this Committee to assume the responsibility of
educating the community.
Mayor White confirmed that approximately 70% of the Swim Team is from Trophy Club. Council member
Edstrom clarified that the Swim Team is fully funded with what they charge in Swim Team fees.
Council member Rose was surprised to find the Community Center and Swimming Pool together in the
proposed ballot language. A pool and recreation center requires a strong study that cannot be conducted
for the November Election.
Council member Wilson stated that residents are concerned with the financial economy. Wilson does not
think that there has been enough direction to support a pool addition or recreation center. Wilson
supports working on the parking issues at Lakeview before addressing the parking issues at Harmony.
Kirk Bedinger, 9 Woodland Court -Spoke in favor of the bond election.
Pearl Ford, 2 Spring Creek Court -Spoke in favor of the bond election.
Wendy Hill, 3 Michelle Court -Spoke in favor of the bond election.
Motion made by Wilson, seconded by Rose to approve an Ordinance, with Proposition 1 only, of the
Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held
within the Town in November, 2009, making provisions for the conduct of the election and other
provisions relating thereto.
Council member Edstrom questioned if the Council was completely comfortable passing an Ordinance
without understanding the cost impact and fiduciary responsibilities it may place on the residents.
August 17, 2009 Town Council Minutes 4
Finance Director Kathy DuBose said that the proposal would be an approximate increase of nine cents,
based on current valuation and no revenue offset.
Council members Edstrom and Sterling requested the Bond Committee combine efforts with staff to
educate the residents.
Mayor Pro Tem Strother thanked the Committee and all of the residents who showed up in support of this
item and said it is a challenge to balance amenities and the tax rate. Strother feels this will help the Town
pull in commercial development.
Town Attorney Adams questioned if the bond language included a Recreation Center study and advised
the Council that once a Bond Election is called, the Town does not have the statutory ability to cancel.
Parks Director Adam Adams confirmed that bond language was written with the Recreation Center study.
Council members Edstrom and Sterling requested confirmation from Town Attorney Adams and Bond
Counsel that the ballot language did indeed include the study.
Town Manager Emmons clarified that as a General Obligation Bond, the bond would have to be very
specific in order to provide for the construction, acquisition and improvements.
Council member Wilson supports putting forth the bond election with or without the studies. Council
member Edstrom stated that the inclusion of the study would help the bond pass.
Mayor Pro Tem Strother called the vote.
Motion passed unanimously without further discussion.
Town Council took a brief recess.
Town Attorney Adams will confirm with Bond Counsel if the Ordinance can be amended.
7. 09-315-T Consider and take appropriate action regarding the creation of a Ways and Means
Committee.
Item was sponsored by Mayor White
Mayor White suggested the Council discuss implementation of a Ways and Means Committee in order to
help draft financial rules and procedures, training and oversight of these polices and she does not feel
she has the time to review all of the numbers.
Council member Wilson supports the Mayor's proposal.
Council member Rose believes that a Budgeting Board would be a beneficial.
Town Attorney Adams explained that under the Town's Charter there is no difference between a Board
and Committee. Town Manager Emmons added that State Law requires Boards be compliant with the
Public Information Act and Advisory Groups do not. Emmons said that he is not in favor of another Board
as it adds additional work to the staff. The Town has very dedicated qualified employees. The creation of
this committee gives the impression that the work product of this professional staff has to be verified by a
group prior to submitting to Council and has the potential to be contradictory to staff. As required by the
Charter, staff is to present Council with a balanced budget and staff has fulfilled that requirement in the
proposed budget.
August 17, 2009 Town Council Minutes 5
Council member Sterling believes that a Ways and Means Committee is yet another level of unnecessary
bureaucracy that would place additional work on staff. The fiscal budget is one of Council's primary roles.
The Town has a competent, professional staff responsible for preparing and presenting a draft document,
and using a Committee like this would be delegating the Council's responsibility away.
Mayor White stated that it is impossible to evaluate the budget in one hour increments, especially
considering staff is asking for a new position of a Budget Analyst. Mayor White expressed frustration that
she cannot get the Council together to discuss the budget and that she does not think the Council is
adequately reviewing the budget and the spending.
Council member Edstrom said that the notion that the Council is not concerned or interested in the budget
and/or the budget process is completely inaccurate. Edstrom suggested that this Council review the
Manager/Council form of government as it is not the Council's job to count pencils. Edstrom stated that
she has yet to hear one specific question in regards to the budget, and is only hearing that some just do
not like it.
Council member Wilson stated that Trophy Club is a community driven Town and she does not believe
that a Ways and Means Committee affects or hampers the progress of the Town. The Council/Manager
form of government allows the Council to provide direction to the Town Manager. In order to provide
good direction, Council must ask hard questions.
Town Manager Emmons is concerned about finding members willing to commit the time necessary to
satisfy what is required under the new bench marking provisions. There are diminishing returns with the
creation of a Ways and Means Committee such as added work to staff. Municipal employees already
work over 40 hours per week; if they are going on vacation, they tend to work their 40 hours during the
first three days.
Mayor Pro Tem Strother commented that he would support a Ways and Means Committee, providing it
did not take any staff time. However, the reality is that a Ways and Means Committee would require staff
time. Over the part 12 years, Strother has seen the Town grow. The Town is fortunate to now have a
competent, professional staff, whereas before, the Town had to rely on the community. This community
is blessed with very smart residents; however staff is being micro-managed by all of the Committees.
Strother is concerned about the extra burden this Committee will have on staff and suggested the Council
give clear direction to the staff and reevaluate in three to six months.
Town Manager Emmons clarified that staff is asking for budget approval of a Benchmark Analyst, in case
staff determines the additional help is needed. In reference to the comments regarding Budget oversight,
Emmons' provided assurance that there are well established processes and procedures that staff is
required to comply with.
Pearl Ford, 2 Spring Creek Court -Suggested a Task Force rather than Committee.
Discussion only, no action taken.
8. 09-317-T Consider and take appropriate action regarding the First Modification of Contract for
Water and Wastewater Operational Services.
Items 8, 9 and 10 are existing contracts and reflect the MUDs consolidation and name change to TCMUD
1. These contracts were approved by TCMUD 1 on August 5, 2009.
Motion made by Edstrom, seconded by Sterling to approve the First Modification of Contract for Water
and Wastewater Operational Services.
Motion passed unanimously without any discussion.
August 17, 2009 Town Council Minutes 6
9. 09-318-T Consider and take appropriate action regarding the Second Modification of Contract
for Water Supply and Wastewater Treatment.
Motion made by Edstrom, seconded by Wilson to approve Second Modification of Contract for Water
Supply and Wastewater Treatment.
Motion passed unanimously without any discussion.
10. 09-319-T Consider and take appropriate action regarding the First Amendment to 2008
Interlocal Cooperation Agreement for Fire Protection Services.
Motion made by Sterling, seconded by Edstrom to approve First Amendment to 2008 Interlocal
Cooperation Agreement for Fire Protection Services.
Motion passed unanimously without any discussion.
11. 09-321-T Consider 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. (The Highlands At Trophy Club); setting a new date for
a public hearing; authorizing the publication of notice; enacting other related provisions; and
providing an effective date.
At the time of posting, Management had not yet received final copies of the Service and Assessment Plan
from MuniCap. MuniCap advised that the Service and Assessment Plan will be available on Friday,
August 14,2009. Management will forward to Council upon receipt.
Town Manager Emmons said that the rate is contingent on the fire rate which TCMUD 1 will set at a
Special meeting on Thursday, August 201h , 2009. Emmons requested the Council defer both Items 12
and 13 to their August 24, 2009 meeting.
Item 11 deferred until the August 24,2009 Special Session.
12. 09-323-T Consider and receive input regarding an Ordinance of the Town Council of the Town
Of Trophy Club accepting and approving an update of the Service and Assessment Plan and
Updated Assessment Roll for Town of Trophy Club Public Improvement District No.1 (The
Highlands at Trophy Club); adopting findings and other related provisions; and providing an
effective date.
This ordinance covers the annual update required for assessments on the PID bonds. The annual update
required for assessments on emergency services is completed separately.
Lila Marsh and Julie Partain with Vinson & Elkins, LLP confirmed that this item does not require a public
hearing, so the only action for Council is to approve the Ordinance. The Service and Assessment Plan
for Emergency Services is scheduled for the September 28, 2009 Council meeting. The updated Service
and Assessment Plan is placed on this Agenda only for Council's review and discussion.
At the time of posting, Management had not yet received the final copy of the Service and Assessment
Plan from MuniCap. MuniCap advised that the Service and Assessment will be available on Friday,
August 14, 2009. Management will forward to Council upon receipt.
No action taken, input only. Item 12 deferred until the August 24,2009 Special Session.
August 17, 2009 Town Council Minutes 7
13. 09-312-T Consider and receive input regarding an Ordinance establishing and implementing a
process for Hotel inspections by adopting a new Article III "Hotel Inspections", of Chapter 6
"Health and Sanitation", of the Code of Ordinances of the Town.
Management is continuing to research and revise the proposed Ordinance. Attached is a draft copy that
staff will continue to work on over the next several weeks. Staff seeks Council's review and input.
Town Manager Emmons said this is the first draft for Council's review. Management recommends this
item be included to the August 24, 2009 Special Session Agenda for action.
No action taken, input only. This Item will be brought back on August 24, 2009.
14. 09-313-T Consider and receive input regarding an Ordinance reordering numbers and letters
in the Town Charter as a result of Charter amendments adopted at the May, 2009 election.
This item was discussed at Council's August 3, 2009 meeting. At that meeting, two examples were
provided for Council's review; Example 1 was a clean copy without red line and Example 2 was a redline
document using strike through and bold to show changes. Council requested that Legal clarify the Editor's
notes.
Attached are all three Examples. Management would like final input from Council and recommends this
item be included to the August 24, 2009 Special Session Agenda for action.
Council member Rose gave a presentation comparing Example 1 and Example 2 to 'monkeys vs
elephants, part 2.'
No action taken, input only with Council consensus for example 3.
15. 09-310-T Consider and take appropriate action regarding the calling of a Special Council
Session on Monday, August, 24, 2009 and subjects for consideration at the meeting.
The Town Council needs to hold a Special Session to consider the following items:
• Budget Workshop (5 - 7 P.M.)
• Public Hearing for the FY09-10 Budget
• Consider and take appropriate action regarding an Ordinance reordering numbers and letters in
the Town Charter as a result of Charter amendments adopted at the May, 2009 election.
• Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of
Trophy Club, calling a bond election for various park purposes, to be held within the Town in
November, 2009, making provisions for the conduct of the election and other provisions relating
thereto.
• Consider and take appropriate action regarding an Ordinance of the Town Council of the Town Of
Trophy Club accepting and approving an update of the Service and Assessment Plan and
Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The
Highlands at Trophy Club); adopting findings and other related provisions; and providing an
effective date.
• Consider and take appropriate action regarding a Resolution, accepting a Service and
Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club
August 17, 2009 Town Council Minutes 8
Public Improvement District No. (The Highlands At Trophy Club); setting a new date for a public
hearing; authorizing the publication of notice; enacting other related provisions; and providing an
effective date.
• Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning,
Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the
Code of Ordinances, including without limitation, the adoption of new regulations affecting
accessory structures (ADM-09-003) (Consent Agenda)
Town Attorney Adams requested that the Hotel Ordinance come back at Council's September 14, 2009
meeting.
Motion made by Edstrom, seconded by Strother calling a Special Council Session on Monday, August,
24, 2009 with the above mentioned subjects for consideration at the meeting.
Motion passed unanimously without further discussion.
16. 09-324-T Receive a progress report on the Highlands of Trophy Club Public Improvement
District #1, discussion and appropriate action regarding same.
Town Manager Emmons gave the report.
17. 09-316-T Receive a progress report from Council Member Wilson regarding the August 5,
2009 TCMUD1 Meeting; discussion of same.
Council member Wilson gave the report.
18. 09-329-T Items for Future Agenda.
Council member Wilson added an item to reevaluate and expand the scope of the Tree Board in
reference to beautification and to add another item after this fiscal year to discuss future EMS
negotiations.
Council member Edstrom asked that Council begin working on their goals and objectives
ADJOURN 2: adjJ2::e~~ Sterling, seconded by R;;;::ouz;;ng adjourned at 11:20 P.M.
Lisa Hennek, Town Secretary (tonnie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
August 17, 2009 Town Council Minutes 9