Minutes TC 02/02/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 2, 2009 at 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 2,
2009. 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 Tern
Susan Edstrom Council Member
Jim Moss Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson
Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Town Manager
Lisa Hennek
Town Secretary
Patricia Adams
Town Attorney
Danny Thomas
Fire Chief
Scott Kniffen
Police Chief
Carolyn Huggins
Planning and Zoning Coordinator
A.1 Mayor Sanders called to order and announce a quorum at 7:02 p.m.
Mayor Sanders acknowledged Council member Wilson's excused absence.
A.2 Mayor Sanders offered the Invocation.
A.3 Town Manager Emmons led the Pledges.
AA Citizen Presentations:
Don West, 212 Ridge View — Suggested the Town Council agree to the consolidation of MUD1 and MUD2
with a stipulation for the Town to maintain the operational control.
*CONSENT AGENDA
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. November 2008
8.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 1,
2008.
B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December
15, 2008.
Town Council Minutes -- February 2, 2009 Regular Session
B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 5,
2009.
Motion made by Edstrom, seconded by Strother to approve the Consent Agenda, Items B.1 — B.4_
Motion passed unanimously without any discussion.
End of Consent
TOWN COUNCIL CONVENED INTO REGULAR SESSION
*REGULAR SESSION
Mayor Sanders asked that Item C.3 be considered in order to excuse Council member Edstrom due to
illness.
Mayor Sanders moved to item C.3.
CA Receive information from Town Attorney on Open Meetings Act requirements and
communications between Council Members, discussion regarding same.
No action taken.
C.2 Discuss and take appropriate action regarding a Resolution supporting the implementation of
Rail North Texas in the Dallas -Fort Worth region.
Mayor Sanders said that statewide and regional transportation in Texas was a very complicated issue.
Motion made by Moss, seconded by Strother to approve a Resolution supporting the implementation of Rail
North Texas in the Dallas -Fort Worth region.
Mayor Pro Tern Sterling questioned the policy funding and does not see how this impacts the Town. Sterling
was concerned about double taxation_
Council member Strother confirmed that this Resolution only shows support and does not approve raising
taxes.
Mayor Sanders clarified that the Resolution would not raise taxes and that Metroport Cities Partnership
passed a Resolution to show support.
Motion failed 2:1 with Sterling opposing. (The affirmative vote of three (3) or more members of the Council is
needed to validate or bind Council action as per Section 3. 16, b of the Home Rule Charter.)
C.3 Discuss and take appropriate action regarding the consolidation of the MUD1 and MUD2;
dissolution of MUD2.
Council member Edstrom requested the Council hear the citizen input and then convene into Executive
Session for legal consultation.
Peggy Sweeney, 51 Meadowbrook — Stated the only goal should be one entity governing the Town.
Roger Williams, 215 Phoenix Drive — Recommends that the Council discontinue working on ballot language
regarding the dissolution of MUD2, and direct the Town Attorney to prepare for the hearing. Williams stated
that if MUD1 and MUD2 consolidate, MUD2 residents will be paying higher taxes.
Town Council Minutes — February 2, 2009 Regular Session 2
Town Attorney Adams suggested that the Council go into Executive Session under Item D.1.
No action taken.
C.4 Discuss and take appropriate action regarding the Three Proposed Charter Amendments
previously submitted by the Charter Review Commission for the May 2009 ballot as revised
by Staff.
A. 13. Clarify Grounds for Recall
B. 16. Budget Process Enhancement
C. 18. Code of Ethics and Conduct
Mayor Sanders stated Council directed staff to proceed working on these amendments and to bring back to
Council for discussion.
Town Attorney Adams said that sub -section B was removed and provisions permissive to the appointment of
a Commission under C. 18. Code of Ethics and Conduct.
This Item will come back to the Council with Ballot language at the second February Council meeting, so that
the Election Ordinance can occur at the first Council meeting in March.
C.5 Discuss and take appropriate action regarding an Interlocal Agreement between the Town
and Denton County for the rental of Election equipment for the May 9, 2009 Election.
Motion made by Strother, seconded by Moss to approve an Interlocal Agreement between the Town and
Denton County for the rental of Election equipment for the May 9, 2009 Election.
Motion passed unanimously without further discussion.
C.6 Discuss and take appropriate action regarding a Joint Election Contract between the Town of
Trophy Club and the Northwest Independent School District.
Motion made by Sterling, seconded by Strother to approve a Joint Election Contract between the Town of
Trophy Club and the Northwest Independent School District.
Motion passed unanimously without further discussion.
C.7 Discuss and take action regarding the Joint Election Agreement between the Town, Municipal
Utility District No. 1 and Municipal Utility District No. 2.
Motion made by Strother, seconded by Moss to approve a Joint Election Agreement between the Town,
Municipal Utility District No. 1 and Municipal Utility District No. 2.
Motion passed unanimously without further discussion_
C.8 Discuss and take appropriate action regarding Real Estate signs and their placement,
including potential amendments to Chapter 5, "General land Use," Article IV, "Sign
Regulations," Section 4.05, "Temporary Signs," D, "Real Estate Signs."
Town Council Minutes — February 2, 2009 Regular Session
Town Manager Emmons said all the developers had received correspondence citing the sign regulations and
staff was working on temporary signage revisions. Emmons stated that he will have a formal
recommendation at a later date.
Motion made by Moss, seconded by Strother directing Town Manager Emmons to continue the review and to
come back to the Council with a recommendation.
Motion passed unanimously without further discussion_
C.9 Discuss and take appropriate action regarding Amendment No. 2 to the Advance Funding
Agreement for the Safe Routes To School Project between the Town and the Texas
Department of Transportation.
Town Manager Emmons explained the item as the second amendment to the Safe Routes to School Project.
TxDOT changed their procedures and now perform environmental assessments on the projects. The
amendment will not impact the contract amount.
Motion made by Sterling, seconded by Strother to approve an Amendment No. 2 to the Advance Funding
Agreement for the Safe Routes To School Project between the Town and the Texas Department of
Transportation.
Motion passed unanimously without further discussion.
C.10 Report on the Amenity Lakes, discuss and take appropriate action regarding same.
Town Manager Emmons gave a report on the Amenity Lakes.
Council member Moss said he was given a personal tour and although not easily accessible, a lot of work
has been completed. Once complete, the Park will be a nice addition to the Town.
Town Manager Emmons said it was difficult to get access at the moment due to the construction site, but will
be a wonderful amenity once complete.
Mayor Pro Tern Sterling confirmed that one lake removed from the plan was due to the water tower. Town
Manager Emmons explained that it was determined a better service to remove one lake and build two larger
lakes.
Parks and Recreation Board Vice -Chair Steve Gregory assured that the lakes were properly engineered and
that the Town should not expect any maintenance issues.
Report only, no action taken_
C.11 Items for Future Agenda.
Council requested #5 Discuss and take appropriate action regarding Real Estate signs and theirplacement,
including potential amendments to Chapter 5, "General Land Use, "Article IV, "Sign Regulations," Section
4.05, 'Temporary Signs," D, "Real Estate Signs." (Edstrom — 2008) be removed as it was addressed under
Item C.B.
Mayor Sanders advised that #7 Discuss and take appropriate action regarding a Library Focus Group or
other plan for exploring options and compiling data for a future library, was moved to the February 16, 2009
meeting.
Town Council Minutes — February 2, 2009 Regular Session 4
Mayor Sanders asked for an item to consider the appointment of an ASA representative held by former
Council member Cates.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:25 p.m.
EXECUTIVE SESSION
D.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2)
"Consultation with Attorney", the Council will enter into executive session to discuss the
following:
A. Legal advice related to consolidation of the MUD1 and MUD2, dissolution of MUD2; related
ballot propositions and agreement with MUD2.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 8.40 p.m.
*REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item Number D1.
Motion made by Strother, seconded by Edstrom to direct Town Attorney Adams to continue working with the
MUD Attorneys regarding resolution and preparation of ballot language and responding to the TRO and
pending litigation
Motion passed unanimously without further discussion.
Council member Edstrom was excused early from the meeting due to illness.
EA Adjourn.
Motion made by Sterling, seconded by Strother to adjourn.
Motion passed unanimously, meeting adjourned at 9:44 p.m. 3
%.
t.''L'sa ennek, Town Se retary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes — February 2, 2009 Regular Session