Minutes TC 02/16/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 16, 2009
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, February 16,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Philip Sterling
Susan Edstrom
Kathleen Wilson
Jim Moss
Glenn Strother
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
A.1 Mayor Sanders called to order and announced a quorum at 7:00 p.m.
A.2 Police Chief Kniffen offered the Invocation.
A.3 Police Commander Delk led the Pledges.
A.4 Citizen Presentations:
No citizens addressed Council.
A.S Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices
for the May 9, 2009 Election.
Motion made by Edstrom, seconded by Wilson to approve a Proclamation of Fair Campaign Practices for
the May 9, 2009 Election.
Mayor Sanders read the Proclamation.
Motion passed unanimously without any discussion.
A.6 Presentation of awards by Police Chief Kniffen.
February 16, 2009 Town Council Minutes 1
Police Chief Kniffen presented the following awards:
Community Service -Officer Kyle Meeks
Police Commendation -Officers Edward Beetler and Jason Schmidt
Meritorious Conduct -Commander Lee Delk, Sergeant Wes Tyler, Officers James Norcross, Keith Burris
and Scott Voigt
Officer of the Year -Officer Jeff Rocha
The following awards were noted but not presented at the meeting:
Basic Peace Officer -Officers Keith Burris, Paul Bury, Kyle Meeks, Jeff Rocha, Jason Schmidt, Barry
Sullivan and Adam Watkins
Intermediate Peace Officer-Officers Kyle Meeks, James Norcross and Edward Beetler
Military Service Award -Officer Edward Beetler
Bicycle Officer -Officers Edward Beetler and Jeff Rocha
School Resource Officer -Keith Burris
Good Conduct (requires 3 yrs with no discipline) -Officers Keith Burris, Mike Conklin, James Norcross,
Boyd Raburn, Jeff Rocha, Jason Schmidt and Scott Voigt, Sergeant Wes Tyler and Commander Delk
Instructor -Officer James Norcross
EMS -Officer James Norcross
Accident Investigator -Officer James Norcross
Training Officer -Officer James Norcross
Field Training Officer -Officer Jeff Rocha
Patriotism -The entire Police Force
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. December 2008
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December
8,2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January
19,2009.
Motion made by Edstrom, seconded by Sterling to approve the Consent Agenda Items B.1 -B.3.
Motion passed without any discussion.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
"REGULAR SESSION
C.1 Discuss and take appropriate action on matters related to Cause No. 2009-40021-362,
Trophy Club Municipal Utility District No.2 v. Town of Trophy Club, Texas, pending in the
362nd District Court of Denton County, Texas, including the following:
A. Proposed Agreed Court Order between MUD2 and the Town.
B. Proposed Interlocal Agreement between MUD2 and the Town.
Mayor Sanders advised the Council that the document handed out contained the revisions made by the
MUDs.
Council member Edstrom requested that the Council convene into Executive Session for Legal Advise
under Item D.1. A.
February 16, 2009 Town Council Minutes 2
Mayor Sanders read the following:
0.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1)
and (2) "Consultation witl) Attorney", Council to convene into executive session to discuss the
following:
A. Legal advice related to Cause No. 2009-40021-362, Trophy Club MuniCipal Utility District No.2
v. Town of Trophy Club, pending in the 362nd District Court of Denton County, Texas,
including proposed Agreed Order and Interlocal Agreement;
Council convened into Executive Session at 7:20 P.M.
Council reconvened into Regular Session at 8:06 P.M.
Mayor Sanders stated that the Council needs to discuss the Proposed Interlocal Agreement first.
Town Attorney Adams expressed concern that inconsistent election results were likely based on the
current language in the Interlocal Agreements. Adams said one option was to add wording to the effect
that whichever proposition wins with the majority of votes, wins. However, Bond Counsel was not
comfortable with this option.
Council Edstrom understands that revisions are necessary in order for the Charter to be in compliance.
Town Attorney Adams explained the proposed methodology. Adams advised that based on the
Temporary Restraining Order(TRO), Adams and MUD2 Attorney Liston have discussed a Rule 12
Agreement, considering Council cannot take official action. The Rule 12 allows Council work on
negotiations of this agreement without violating the TRO.
MUD2 Director, JimThomas, 7 Meadowbrook Lane -Understood the Agreement stated if both issues pass,
the MUD Consolidation invalidates the Town's proposition, or if the MUDs' Consolidation proposition fails
and the Town's passes, the Town wins.
Peggy Sweeney, 51 Meadowbrook Lane -Said that she is not as concerned with an increase in her taxes
as she is with the amount of money being spent in Legal fees.
Master District Chair Connie White, 119 Trophy Club Drive -Proposed that only the consolidation election
for the MUDs occur in May. If the consolidation fails, the Town can address in another election.
Motion made by Edstrom, seconded by Strother directing Town Attorney to make the appropriate
amendments to the Interlocal Agreement; first using the correct mechanism based on State Statutes,
provided upon the majority of votes provided by a referred referendum, and a mechanism within the
Interlocal Agreement defining how the Election wins by number of votes.
Mayor Sanders clarified the motion directing Town Attorney Adams to make the appropriate amendments
to the Interlocal Agreement; seeking State Statute and the Charter to conduct a referred referendum and
that the potential inconsistent election results be solved with language for majority of votes received.
The Mover amended her motion to include that the same amendments also be made in the Agreed Court
Order, the second agreed.
Mayor Pro Tem Sterling said that Council kept hearing what the best option was from the same people
who filed the TRO. Sterling suggested MUD2 call off the TRO and let the Council take action. Sterling felt
that the TRO needed to be handled first; prior to negotiations of the two agreements.
Council member Wilson agreed with Master District Chair White that a clean election is the better option.
Wilson said that Council invited this fight.
February 16, 2009 Town Council Minutes 3
Mayor Sanders called the meeting to order and stated that he allowed Mayor Pro Tem Sterling and
Council member Wilson to deviate from the discussion but would not allow additional off topics comments.
Motion passed 3:2, with Sterling and Wilson opposed.
C.2 Discuss and take appropriate action regarding options for consolidation and/or absorption
of MUD2 as related to Consolidation Task Force discussions.
Town Manager Emmons stated the Consolidation Committee was currently looking at how the Town would
pay the debt obligations should they absorb MUD2 and explained the options of either using a fee or water
rate in MUD2 or spread the debt around to both MUD1 and MUD2.
Council discussed the options presented by Town Manager Emmons.
MUD2 Director Thomas said that the simple way to look at the issue was by comparing it to removing
Solana from MUD1. A MUD1 resident could be looking at a 12 cent increase.
Mayor Sanders reminded the group that they were discussing direction to Town Manager Emmons and not
debating whether or not to consolidate.
Chuck Hall, 4 Shady Oaks Court -As a resident of MUD1 did not feel it was fair that they be saddled with
MUD2 debt.
Council member Wilson clarified that Town Manager Emmons' option of a fee or water rate in MUD2 would
make the Town's absorption of MUD2 a wash.
Motion made by Moss, seconded by Sterling to pursue the option of a fee or water rate in MUD2.
Town Manager Emmons said his preference would be a combination of using all of the other things to
reduce the cost significantly and then use the fee/water rate.
Mayor Pro Tem Sterling agreed with Emmons stating this would be a more fair approach, but questioned
whether it was and accurate "apples to apples" comparison.
Motion passed 3:2, with Strother and Edstrom opposed.
Council took a 7 minute recess and reconvened into Session at 9:35 P.M.
C.3 Certification of sufficiency for Citizen Petition for Charter Amendments; Council to discuss
and provide direction regarding items on the May, 2009 ballot and election ordinance.
Motion made by Sterling, seconded by Wilson to accept the petition.
Motion passed unanimously without any discussion.
Town Attorney Adams stated that the Council approved 11 amendments and the Petition submitted 19
amendments. Adams will present the major differences for Council to discuss at their next meeting ..
C.4 Discuss and take appropriate action regarding award of bid for Paving and Drainage
Improvements for Bobcat Blvd to Glenn Thurman, rejecting all other bids, authorizing the
Town Manager to enter into a contract not to exceed $2,681,413.09 for the project and to
execute all necessary documents.
February 16, 2009 Town Council Minutes 4
Motion made by Edstrom, seconded by Wilson to award of bid for Paving and Drainage Improvements for
Bobcat Blvd to Glenn Thurman, rejecting all other bids, authorizing the Town Manager to enter into a
contract not to exceed $2,681,413.09 for the project and to execute all necessary documents.
Town Manager Emmons said the next step was to secure the funds from Denton County, Roanoke and
NISD. Emmons had verbal confirmation from all three regarding the funds.
Council member Strother commented that Thurman had constructed most of the PID construction and had
done a great job.
Motion passed without any discussion.
C.S Discuss and take appropriate action regarding award of bid for Water System
Improvements for Bobcat Blvd. Water Distribution Line to H2M Utility, rejecting all other
bids, authorizing the Town Manager to enter into a contract not to exceed $108,361.00 for
the project and to execute all necessary documents.
Motion made by Edstrom, seconded by Sterling to award of bid for Water System Improvements for
Bobcat Blvd. Water Distribution Line to H2M Utility, rejecting all other bids, authorizing the Town Manager
to enter into a contract not to exceed $108,361.00 for the project and to execute all necessary documents.
Motion passed without any discussion.
C.6 Discuss and take appropriate action regarding a Resolution supporting the implementation
of Rail North Texas in the Dallas-Fort Worth region.
Mayor Sanders explained the handout was used by Denton County and stated the name had been
changed to the Local Option Transportation Act. Sanders provided a brief history of the Resolution and
the Local Option Transportation Act.
Motion made by Strother, seconded by Edstrom to approve a Resolution supporting the implementation
Local Option Transportation Act.
Mayor Pro Tem Sterling thanked Mayor Sanders for attending all of the transportation meetings, however
Sterling still did not think this was a viable option in Trophy Club.
Motion passed 4: 1, with Sterling opposing.
C.7 Discuss and take appropriate action to repeal Resolution No. 2005-31 regarding Town
support of the America Supporting Americans (ASA) Program and to adopt a new
Resolution in support of the ASA Program and designating a person to serve as liaison
between the Town and ASA.
Deandra Pugh, 2 Chimney Rock was willing to serve but will find the right people to serve, as it was a
viable program.
Motion made by Edstrom, seconded by Strother to repeal Resolution No. 2005-31 regarding Town support
of the America Supporting Americans (ASA) Program and to adopt a new Resolution in support of the ASA
Program and to post and solicit volunteers and bring back to Council.
Motion passed unanimously without further discussion.
February 16, 2009 Town Council Minutes 5
C.S Discuss and take appropriate action regarding a Memorandum of Understanding regarding
the Joint Regional Municipalities between the Town of Trophy Club, the Town of Westlake,
the City of Roanoke and the Northwest Independent School District.
Town Manager Emmons said this was a draft and is posted to get Council's input.
Council member Edstrom made suggestions for revisions.
No action taken, discussion only.
C.g Discuss and take appropriate action regarding an Ordinance repealing Section 12.07
entitled "1000' Safety Zone Map" of Article XII entitled "Registered Sex Offenders" of
Chapter 10 entitled "Public Safety" of the Code of Ordinances and adopting a new map as
Section 12.07 entitled "1000' Safety Zone Map," of Article XII, of Chapter 1 0 of the Code of
Ordinances.
Motion made by Edstrom, seconded by Wilson to approve an Ordinance repealing Section 12.07 entitled
"1000' Safety Zone Map" of Article XII entitled "Registered Sex Offenders" of Chapter 10 entitled "Public
Safety" of the Code of Ordinances and adopting a new map as Section 12.07 entitled "1000' Safety Zone
Map," of Article XII, of Chapter 10 of the Code of Ordinances.
Motion passed without any discussion.
C.10 Discuss and take appropriate action regarding an Ordinance repealing Article VIII entitled
"Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and
Regulations," of the Code of Ordinances, in its entirety and adopting a new Article VIII
entitled "Tree Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and
Regulations," in order to add two additional seats to the Tree Board and to make changes
to definitions and related provisions throughout Article VIII.
Motion made by Edstrom, seconded by Moss to approve an Ordinance repealing Article VIII entitled "Tree
Preservation and Removal," of Chapter 12 entitled "Subdivision Rules and Regulations," of the Code of
Ordinances, in its entirety and adopting a new Article VIII entitled "Tree Preservation and Removal," of
Chapter 12 entitled "Subdivision Rules and Regulations," in order to add two additional seats to the Tree
Board and to make changes to definitions and related provisions throughout Article VIII.
Town Manager Emmons explained that the current code showed the Community Developer Director
responsible for all tree decisions. The amendment replaces the Community Development Director with the
Town Manager or his designee.
Tree Board Chair, Deandra Pugh, 2 Chimney Rock Drive -Spoke in favor of the Amendment.
Council noticed that the Ordinance shifted the responsibility from the Community Development Director to
the Parks and Recreation Director in some sections and to the Town Manager or his designee in others.
Council requested that all references be changed to the Town Manager or his designee and for the
Ordinance to come back on the Consent Agenda.
Motion passed without any discussion.
C.11 Discuss and take appropriate action regarding a Library Focus Group or other plan for
exploring options and compiling data for a future library.
Council member Wilson gave an update.
February 16, 2009 Town Council Minutes 6
Council member Edstrom suggested prior to surveying the citizens a group first look at the cost feasibility·
and determine how a Library fits into the 5 year plan. Council member Wilson stated that she was not the
one who had added this to the Agenda for an update.
This Item will not be brought back to Council until directed by Council member Wilson or Town Manager
Emmons.
C.12 Receive a progress report on the Highlands of Trophy Club Public Improvement District #1,
discussion and appropriate action regarding same.
Town Manager Emmons gave a progress report on the Highlands of Trophy Club Public Improvement
District #1. Emmons spoke to the PIO Funded Projects, the completed projects and projects currently
under construction and pending construction.
No action taken, report only.
C.13 Items for Future Agenda.
On February 11, 2009 Council member Moss requested the following item be added to the March 2, 2009
meeting: Consider forming a Ways & Means Committee to report directly to the Council.
The following was added under Item C.7, Discuss and take appropriate action designating a person to
serve as liaison between the Town and ASA Program.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive Session under Item C.1 for Legal Advise under Item 0.1. A. Council did
not reconvene into Executive Session regarding 0.1.B or C.
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and
(2) "'Consultation with Attorney"', Council to convene into executive session to discuss the
following:
A. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility District
No.2 v. Town of Trophy Club, pending in the 362nd District Court of Denton County,
Texas, including proposed Agreed Order and Interlocal Agreement;
B. Legal advice related to the consolidation of MUD1 and MUD2, dissolution of MUD2 and
related ballot propositions;
C. Legal advice related to the May, 2009 election, ballot, and propositions.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
'REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item Number D1.
No action taken.
E.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 10:55 p.m.
February 16, 2009 Town Council Minutes 7
/: , 'JJ /:2r 1'cG> <1 h oj '------/
~Usa Hennek, Town SecretarY,
Town of Trophy Club, Texas
February 16, 2009 Town Council Minutes
ca6'~
Nick Sanders, Mayor
Town of Trophy Club, Texas
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