Minutes TC 07/06/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 6, 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, July 6, 2009.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Philip Sterling
Susan Edstrom
Glenn Strother
Bill Rose
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
A.1 Mayor White called to order and announced a quorum at 7:00 P.M.
Mayor White announced that Council member Wilson would be absent.
A.2 Mayor Pro Tern Sterling offered the Invocation.
A.3 Council member Strother led the Pledges.
A.4 Citizen Presentations:
Motion made by Strother, seconded by Rose to approve the Consent Agenda, Items B.1 and B.2.
Motion passed unanimously with any discussion.
B.1 Consent Agenda: Discuss and take appropriate action ratifying a previously approved
Ordinance abandoning all interest in an approximate 5,625 square foot tract of land located
near the Medlin Middle School in Trophy Club, Denton County, Texas and designated as a
site for the location of a water tower, and providing a legal description for the abandoned
Medlin Site.
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B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance repealing
Section 6.01 "Rules of Procedure" of Article VI "Town Council Rules of Procedure", of
Chapter 1 "Administration", of the Code of Ordinances and adopting a new Section 6.01
"Rules of Procedure" of Article VI, of Chapter 1, of the Code of Ordinances of the Town.
End of Consent
TOWN COUNCIL CONVENED INTO REGULAR SESSION
'REGULAR SESSION
C.1 Discuss and take appropriate action to approve financials and variance report dated:
a. May 2009
Town Manager Emmons explained that the May 2009 monthly financial report is presented in a format that
provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The
accompanying variance report provides an explanation of actual fiscal year to date revenues and
departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed.
Mayor White confirmed that the sales tax comparison to prior years is approximately 5% over the prior
year for the same month. Town Manager Emmons confirmed that the quarterly financials will be
presented next month.
Motion made by Edstrom, seconded by Strother to approve the financials and variance report dated May
2009.
Motion passed without further discussion.
C.2 Update regarding Charter Amendments and three noted variances; discussion of same.
Council member Rose requested an Executive Session for legal advice regarding the Charter variances.
Mayor White suggested that Council table this item until the end of the meeting. Noting no objections, this
item was tabled.
Following Item C.7 Items for Future Agenda Council convened into Executive Session at 7:58 p.m.
Council reconvened into Regular Session at 8: 15 p.m.
Town Attorney Adams explained that the Charter amendments are complete. Based upon the election
results, the following are three variances in Charter language: Section 3.06 (Prop. # 9 and 19), Section
5.01 Sub-section (e) (Prop. # 4 and 13) and Section 6.01 (Prop. # 4 and 14).
Adams said that Staff has an administrative duty to show the amendments as passed by the voters and
explained the two formatting options. One option is to show both amendment variances in separate
sections, similar to the format of the proposition. The second option is to show the amendment variances
in bold, strike-through as presented in the handout prepared by Council member Rose.
Council member Rose confirmed that the variances could not be integrated into one. Rose stated his
preference for the variances to be shown in bold, strike-through in the final document.
Council member Edstrom is in favor of showing both as passed in each Proposition and re-numbering the
variances accordingly.
Mayor Pro Tem Sterling suggested seeing exarnples of both prior to making a decision.
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Council member Strother suggested an annotation, or Editor's Note with a brief explanation.
Mayor White feels that bold strike-through helps see what has been changed.
Staff will bring back this item showing the amendment variances in separate sections and renumbered and
in bold, strike-through bold in order for Council to determine the final format. Additionally, Staff will present
an Ordinance regarding renumbering certain sections of the Charter due to variations in the amendments
resulting from the May 9, 2009 Charter Amendment Election.
Update only, no action taken.
C,3 Discuss and take appropriate action regarding the schedule and format of the Saturday,
July 18, 2009 Budget workshop,
Town Manager Emmons asked the Council to clarify their intent for the workshop format and discussion.
Mayor White suggested spending the first few hours reviewing the strategy and goals, moving into the five
year capital plan and then ending with specific budget items and how they address the specific goals.
Town Manager Emmons suggested a precise and stringent four to five hour workshop with a scheduled
start and end time.
Mayor White's preference is to start early and would like a good agenda so that Council does not roam
around.
Council member Rose's preference is 8:00 or 9:00 a.m., ending once strategy and goals have been
discussed.
Council member Strother's preference is mid-morning and only a four or five hour workshop.
Mayor Pro Tem Sterling's preference is to start bright and early and feels long workshops are counter
productive. Mayor Pro Tem Sterling has obligations in the afternoon and would not be able to stay past
11 :00 a.m.
Council member Edstrom's preference is a 9:00 a.m. start time. Edstrom requested a specific end time as
to be respectful of Staffs and Council's weekend.
Mayor White suggested 8:30 a.m. to 1 :30 p.m. Town Manager Emmons said Staff's goal is to have the
budget packet complete by Friday, July 10, 2009.
C,4 Discuss and take appropriate action regarding a Resolution amending Resolution No. 2008-
23 appointing Council member liaisons to EDC-4A and the Parks and Recreation Board in
order to fill vacancies in those positions resulting from the May, 2009 election.
New Council liaisons need to be appointed to replace former Council member Jim Moss on the EDC4A
and Parks and Recreation Board.
Council member Rose said that he has temporarily stepped into the liaison capacity for the Parks and
Recreation and EDC-4A Board.
Council member Edstrom requested to be appointed as the Parks and Recreation Board primary liaison.
Mayor Pro Sterling volunteered to be the back-up for EDCAB.
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Motion made by Edstrom, seconded by Rose to appoint Council member Rose as EDC4A's primary liaison
and to appoint Susan Edstrom as the Parks Board primary liaison and Bill Rose as the Park Board
secondary liaison.
Motion passed without further discussion.
C.S Discuss and take appropriate action regarding the implementation of pre-Council meeting
workshops.
Mayor White said that this would give the Council the opportunity to discuss items on the Consent Agenda.
The intent of a workshop is to ask questions, receive information, and discuss items on the agenda without
the constraints of parliamentary procedure. Mayor White has talked to other cities regarding workshop
session and suggested the workshops be held in the Public Services Conference Room for an informal
round table discussion.
Council member Edstrom said that the Town Council previously used workshops sessions to receive
information prior to the regular Council meeting. Edstrom feels meetings that start prior to 7:00 p.m.
precludes citizen input and does not serve value as the same questions are asked in both the workshop
and Regular Session. However workshops for discussions regarding items that require education, i.e. gas
wells are beneficial.
Mayor Pro Tem Sterling agreed and said workshops for some items are beneficial and unproductive on
others.
Council member Strother agreed and suggested that a workshop be added to meeting only when
necessary. Strother requested that Council receive a draft copy of the agenda in order to determine if
there is an item they would like to discuss in a workshop session.
Council member Edstrom is vehemently opposed to conducting the workshops in the Public Services
Conference Room given the appearance of circumventing public input. Edstrom stated that the Council
needs to compare the Town's commercial development to other cities and why pre-council workshops are
necessary in other cities as opposed to the Town. Edstrom requested the Council be careful should they
decide to implement pre-council workshops.
Mayor White clarified her intentions are not to circumvent public input and suggested the Public Services
Conference Room in order to provide a round table atmosphere. White suggested that the Council review
the agenda and let Town Manager Emmons know if a workshop is necessary.
No action taken, input only.
C.S Discuss and take appropriate action regarding an Agreement between Travelers Casualty,
the surety company providing bonding for portions of the Highlands development, High
Trophy Development, the developer, and the Town as a result of a contractor default,
providing for the takeover and completion of certain improvements by a new contractor,
and providing performance, payment and maintenance bonds as required by the Town's
regulations.
In April 2009, Four D Construction notified High Trophy Development LP that it would not be able to
complete the contract for portions of the Highlands at Trophy Club Development. The Surety has agreed
to enter into contract negotiations with E.L. Burns Inc. to complete the unfinished portions of the
development contract. All bonds currently in place will remain in full force.
Town Manager Emmons noted two changes and asked Town Attorney Adams to speak to the Addendum.
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Town Attorney Adams explained the two changes; one is the change the deadline to start the work from
ten to seven days and the other is to change the venue from Tarrant to Denton County.
Council member Strother questioned if Travelers is going to reissue the warranty bonds. Lee Veness,
attorney from Shamoun and Norman stated that they will receive a written guarantee from Travelers to
ensure the same level of service.
Motion made by Edstrom, seconded by Rose approving the Agreement between Travelers Casualty and
Surety Company, ("surety"), and the Town of Trophy Club, for portions of the Highlands of Trophy Club,
the Agreement and Addendum.
Motion passed without further discussion.
C.7 Items for Future Agenda.
Mayor White asked if Council wished to move any of the items listed forward.
Town Manager Emmons said that several items are forth coming and that Staff is currently working on
several of the items
Mayor White requested # 9, Discuss and take appropriate action regarding Code of Ethics, come before
Council the first meeting in August.
Mayor Pro Tem Sterling asked that the items be more specific.
Council member Strother ask if the Town was planning anything other than the events planned by the
NISD.undeL#l,Discuss.andtakeappropriateaction .. regardinganupdatelce/ebration··forthe·opening·ofthe
new Bryon Nelson High School. Town Manager Emmons advised that Staff is working with NISD
regarding an event in November.
Mayor White commended Staff and the community for the July 41h Celebration.
Council convened into Executive Session at 7:58 P.M. to receive legal advice regarding Item C.2.
Upon convening into Regular session at 8:28 P.M. , no action was taken in reference to Item C.2.
0.1 Adjourn.
Motion made be Sterling, seconded by Edstrom to adjourn.
Meeting adjourned at 8:30 P.M.
Connie White, Mayor
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