Minutes TC 06/01/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 1, 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, June 1,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Kathleen Wilson
Glenn Strother
Bill Rose
Mayor
Council Member
Council Member
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Council Member
Philip Sterling Mayor Pro Tem
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning & Zoning Coordinator
A.1 Mayor White called to order and announced a quorum at 7:00 P.M.
Mayor White announced that Council member Edstrom and Mayor Pro Tem Sterling would be absent.
A.2 Fire Chief Danny Thomas offered the Invocation.
A.3 Council member Rose led the Pledges.
A.4 Oath of Office for Council member Wilson to be administered by Municipal Court Judge,
Mark Chambers and Presentation of Certificate of Election from the Mayor.
Municipal Court Judge, Mark Chambers administered the Oath of Office and Mayor White presented the
Certificate of Election to Council member Elect Wilson.
Minutes dated June 1, 2009 1
A.5 Presentation by Chief Deputy Lee Howell of Denton County Sheriff's Office regarding the
Shared Governance Communications System Proposal, and discussion of same.
No action taken.
Chief Deputy Howell explained the proposal of the Interlocal Agreement with Denton County with the fees
being passed on to the Town. These would be recalculated each year based on the total percentage of
use of the system.
Chief Deputy Howell addressed questions from Town Manager Emmons and the Town Council.
A.6 Citizen Presentations:
No presentations were made.
Council member Wilson asked that B.2 be removed since she was not present at the meeting. Town
Manager Emmons explained she could still vote on the minutes as presented to Council.
Motion made by Strother, seconded by Rose to approve the Consent Agenda, Items B.1 and 8.2.
Motion passed unanimously with any discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance
report dated:
a. April 2009
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated May 1 B,
2009.
End of Consent
TOWN COUNCIL CONVENED INTO REGULAR SESSION
'REGULAR SESSION
C.1 Discuss, provide direction, and take appropriate action regarding the amendments to the
Town's Home Rule Charter put into effect at the May 1 B, 2009 Council meeting, including
impact to our current system of government and necessary future action.
Town Attorney Adams explained the amendments. Staff is currently working on the revisions to the
amended Charter.
Town Manager Emmons explained the Budget amendment to the Charter and department goals for the
budget. Emmons shared that the goals could be reviewed during the Budget workshops. Council
member Rose added that the Budget amendment will take time to implement. Rose would like to
implement a Ways & Means committee to focus on the process of the budget and not necessarily the
numbers. Mayor White addressed the Ways & Means conversation stating it would need to be
addressed during Future Agenda Items.
Mayor White asked Town Manager Emmons to have staff review other cities Code of Ethics and to have
a sUb-committee of Council to review. Emmons shared he has already begun researching other cities
and it will take some time for him to finish his research to bring to Council.
Minutes dated June 1, 2009 2
Mayor White questioned Town Attorney Adams in regards to the best time to create the Council sub-
committee. Adams stated it would be better to wait for a full Council. Mayor White asked Council
members to let her know if they are willing to serve on this sub committee.
Adams stated Staff will bring back an Ordinance of the amendments to the Administration Chapter of
Codification Rose added that the Boards/Commission Handbook and Article 6 will also have amendments
No action taken.
C.2 Discuss and take appropriate action regarding an Ordinance amending the Town of
Trophy Club Code of Ordinances, Chapter 11 -Public Works, Article VI -Stormwater
Runoff, Section 6.05 -Runoff From Construction Activity, to add additional controls over
erosion and off-site tracking by vehicles from construction siles, and controls for airborne
pollutants.
Town Manager Emmons stated the Town of Trophy Club has new residential construction occurring
throughout the Town from Eagles Ridge in the northeast area of Town to The Highlands neighborhoods
in the north/northwest area of Town. In addition, residential remodels and commercial construction
occasionally occur throughout the town. Construction, both new and remodels, creates dust, noise and
disruptions to residents. In an effort to reduce these nuisances, staff asks for additional controls on
runoff, off-site tracking by vehicles, and airborne pollutants.
Motion made by Wilson, seconded by Rose to approve an Ordinance amending the Town of Trophy Club
Code of Ordinances, Chapter 11 -Public Works, Article VI -Stormwater Runoff, Section 6.05 -Runoff
From Construction Activity, to add additional controls over erosion and off-site tracking by vehicles from
construction sites, and controls for airborne pollutants.
Motion passed unanimously without further discussion.
C.3 Update from staff regarding the implementation of an Administrative Policy that requires
the payment of a deposit prior to the commencement of plan review by Staff for building
permit applications, and discussion of same.
Town Manager Emmons said that Staff is advising Council of the implementation of an administrative
policy that will require the payment of a deposit prior to the commencement of plan review by Staff.
When a set of plans to construct a new building (residential or commercial), a commercial tenant finish
out or remodel is submitted to the Permit Department, a "plan review deposit" would be collected. The
plan review deposit would be applied to the total cost of the building permit, but otherwise would be non-
refundable.
The current economic conditions have slowed housing starts and plans submitted for review by builders
are left at the Town offices for long periods of time (several months), often not picked up by the builder
until a buyer has signed a contract for the house. In the meantime, Staff has spent time and effort
reviewing the plans. Since payment is not collected from the builder until plans are picked up after plan
review and approval by staff, compensation is not given for staff review if the builder leaves the plans
unclaimed. After plan review and approval, when the builder comes to pay for the permit, the deposit will
be applied to the amount due.
As currently allowed by ordinance, the builder must pick up plans within six months of submittal or the
plans become void and must be resubmitted. The deposit is non-refundable and forfeited at the six
month time period.
Mayor Pro Tem Sterling registered support for this Item stating it is only fair for the Town to charge a
deposit from builders prior to commencing plan review. It aligns our incentives by our both having "skin
in the game" (our staff time, their deposit). Hopefully this would encourage the builders to promptly pick-
Minutes dated June 1, 2009 3
up and pay for their completed permits. Sterling does not think 50% deposit is unfair. After all, why
would you apply for a permit in the first place, if you don't intend to pick it up?
Mayor White shared she is comfortable with the requirement of a 25% deposit.
Council member Wilson is in agreement with Mayor Pro Tern Sterling and the deposit is reasonable.
Council member Strother asked what is included in a resubmitted plan review and would a new deposit
be required? Planning & Zoning Coordinate Carolyn Huggins explained the process of a change review
within six months of the permit, there is only the change review charge. Council member Rose concurs
with the 25% deposit.
Council also discussed issuing extensions should they be necessary.
Update only, no action taken.
C.4 Discuss and take appropriate action regarding a real estate contract between the Town
and NISD for the Town's purchase of land for an elevated water storage site and providing
for the Town's relinquishment of its interest in a 5,625 square foot tract of land located on
the Medlin Middle School site and designated as a future elevated water storage site.
Town Manager Emmons stated that on November 3, 2008, the Town Council authorized the purchase of
1.723 acres located at the southwest corner of the Byron Nelson High property. The purchase price for
this tract of land was set not to exceed a price of $113,000.
Motion made by Wilson, seconded by Strother to approve a real estate contract between the Town and
NISD for the Town's purchase of land for an elevated water storage site and providing for the Town's
relinquishment of its interest in a 5,625 square foot tract of land located on the Medlin Middle School site
and designated as a future elevated water storage site.
Mayor White asked if this property was owned by the MUDs. Town Attorney Adams said that information
of ownership and/or dedication would have been noted on the plat and that there was no record of such.
Mayor White expressed concern over the Town having to buy the site.
Motion passed unanimously.
C.5 Discuss and take appropriate action regarding the date for the second regular Town
Council meeting in June.
Mayor White is scheduled to be out of Town on June 15 1h on a previously planned Mission trip and
respectfully asked the Council to consider moving the June 151h meeting to June 22"d. Council member
Wilson has indicated scheduling conflicts with both dates.
Mayor Pro Tern Sterling said that he is available the rest of the Monday's this month and does not have a
preference as to when the next meeting is scheduled.
Motion made by Strother, seconded by Wilson to move the June 15 1h meeting to June 22"d.
Motion passed unanimously without further discussion.
C.6 Discuss and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas, nominating one (1) member to the Board of Managers of the
DENCO Area 9-1-1 District.
Minutes dated June 1, 2009 4
The Board of Managers is the governing body for the Denco Area 9-1-1 District. The county, participating
cities and the Denton County Fire Chiefs Association appoint the Board. Board members serve staggered
two-year terms and are eligible for reappointment. Ms. Olive Stephens -Vice chair DENCO and Mayor of
Shady Shores is up for re-election. DENCO advised that there are no requirements needed to nominate
a person for the DENCO Board of Managers. However, most people who run do serve in a public
capacity.
Bob Radder emailed Council asking to be nominated. Mayor Pro Tem Sterling supports nominating Bob
Radder.
Motion made by Rose, seconded by Strother to approve a Resolution nominating Bob Radder to the
Board of Managers of the DENCO Area 9-1-1 District.
Motion passed unanimously.
C.7 Discuss and take appropriate action to set a date for the first Town budget workshop.
Town Manager Emmons stated that the Council has the opportunity to set the date for the first
comprehensive budget workshop. It is anticipated that the workshop will be held on a Saturday in early
July. In addition to the full workshop, Staff will be scheduling subsequent mini workshops in conjunction
with the regular Council meetings.
Mayor Pro Tem Sterling indicated that afternoons would be best for him and that he usually works Friday
through Sunday every week.
Mayor White set July 18, 2009 for the first Town Budget Workshop.
C.8 Receive a progress report on the Highlands of Trophy Club Public Improvement District
#1, discussion and appropriate action regarding same.
Town Manager Emmons provided that a substantial portion of the public improvements for the Highlands
at Trophy Club PID #1 are nearing completion. The purpose of this item is to provide a progress report
for all of the funded items, whether completed, under construction, or proposed.
No action taken.
C.9 Items for Future Agenda.
Mayor White asked that Item #6 be removed and added the following:
• an item for discussion for the number of Open Record Requests and remedies, if available
• Assigning Council liaisons to the various Boards and Commissions
• Council Code of Ethics
Council member Rose asked if the Town had a drainage study.
Council member Wilson updated the Council on the status of a survey sponsorship and asked that this
item be placed on the list.
TOWN COUNCIL TO CONVENED INTO EXECUTIVE SESSION AT 10:00 P.M.
EXECUTIVE SESSION
Minutes dated June 1, 2009 5
D.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Section 551.071 (1) and (2) "Consultation With Attorney," in order to seek the
advice of its attorney as follows:
A. Legal advice relative 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 the Intervention into the lawsuit by MUD1, pending
Declaratory Judgment suits filed by MUD1 and MUD2, pending appeals, and potential
settlement of same.
TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION AT 10:15 P.M.
'REGULAR SESSION
D.2 Discuss and take appropriate action relative to Executive Session Item Number D1.
Motion made by Strother, seconded by Rose to direct Town Attorney to dismiss cross appeal as soon as
possible.
Mayor White clarified that dismissing the cross appeal will end all further legal activity.
Motion passed unanimously without further discussion.
E.1 Adjourn.
Motion made by Wilson, seconded by Rose to adjourn. Meeting adjourned at 10:17 P.M.
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Lisa Hennek, OWfl Secretary
Town of Trophy Club, Texas
Minutes dated June 1, 2009
.e!'onnie White, Mayor
Town of Trophy Club, Texas
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