Minutes TC 06/22/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 22, 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 22,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Susan Edstrom
Glenn Strother
Bill Rose
Mayor
Council Member
Council Member
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Mayor Pro Tem
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
Scott Kniffen Police Chief
Carolyn Huggins Planning & Zoning Manager
Adam Adams Parks and Recreation Director
A.1 Mayor White called to order and announced a quorum at 7:00 P.M.
Mayor White announced that Council member Wilson and Mayor Pro Tem Sterling would be absent. Mayor
White also stated that the items Council would be considering shall require passage of the affirmative vote
by all four members of Council present.
A.2 Fire Chief Danny Thomas offered the Invocation.
A.3 Police Chief Scott Kniffen led the Pledges.
A.4 Citizen Presentations:
Bob Radder, 1 Lee Court -Commended the Fire and Police Services, the staff and the residents who
helped with the storm clean up two weeks ago.
Mayor White commended the entire staff including the MUD employees for their diligent work in storm
cleanup and relief.
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Motion made by Edstrom, seconded by Strother 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 to approve Minutes dated, June 1,
2009.
B.2 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending the
Town's Legal Department budget for fiscal year October 1, 2008 through September 30,
2009.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
"REGULAR SESSION
C.1 Discuss and take appropriate action on an update from Park Board members and staff
concerning the development of Northeast Park.
Parks and Recreation Director Adam Adams gave a brief presentation of Northeast Park. This park is the
first park scheduled for development as part of the Highlands at Trophy Club Public Improvement District
#1 and will come before Council mid August. Adams anticipates the fields to be ready for play in the fall of
2010.
Mayor White questioned the alignment of the baseball fields.
Park Board Chair JD Stotts explained that only 16 acres is usable. Considering the Texas sun and layout of
the land it is not possible to have two ball fields and a multi-use field in this area. The immediate plans are
for a parking lot next to U8 baseball fields surrounded by perimeter fencing and a mUlti-use field. The
estimated cost of this project $489,335.
Council member Edstrom expressed concern with a dog park so close to an area where kids interact.
Edstrom feels the dog park in better suited for Trophy Club Park.
Mayor White stated that there would be a natural barrier in place because of the trees that separate the dog
park from the active use park area.
Council member Strother added that more research would need to be conducted on a dog park in this area.
No action taken, update only.
C.2 Discuss and take appropriate action regarding the Highlands Amenity Lakes and Trails.
Park Board Chair JD Stotts provided a brief explanation of his research on the lakes and trails. Mr. Stotts
questioned the Town's acceptance standards for these areas, stating that the trails are not ADA compliant.
Mr. Stotts concluded that after several meetings with the developer, they are willing to make all of the
necessary changes. The developer has offered to walk the trail with JD Stotts to address any issues.
Town Manager Emmons provided Council with a presentation on the original trail concept and the revised
trail layout with the lakes and trails. Emmons explained that the Highlands Amenity (irrigation) Lakes and
Trails are two of the approved developer projects in the Highlands at Trophy Club Public Improvement
District #1 Service and Assessment Plan as evidenced in Exhibit "B" of the SAP. Both of these projects are
near completion, and the Town is holding funds in retainage (138K) until all outstanding issues are
resolved. The presentation included photos of the current conditions and signs posted that state certain
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parts of the trail are not ADA compliant. The developer has applied for a variance with the state of Texas
concerning the posted areas.
Council member Rose asked if there is any erosion concern. Town Manager Emmons stated that he did
not believe there was enough erosion to cause a sedimendation issue.
Mayor White questioned the access to the trail from other parks. Town Manager Emmons showed the
various access points for neighborhoods 5, 6 and 7 and the parking lot in Northeast Parking lot.
Merhdad Moayedi tried to get the easement on the Northeast portion of the trail from the adjacent resident
and stated that the Town may have to condemn the property in order to acquire the easement from the
resident.
Mayor White commented about ADA standards and asked that Parks and Staff work together to define and
create specific trail standards.
Mr. Moayedi said that the trails were built to sidewalk standards and do not have to comply to ADA
requirements because it is too costly.
Margi Cantell, 1105 Sunset Drive -Questioned if there is a savings in the PID due to the reduction of the
lakes.
Mr. Moayedi stated that they have done everything above and beyond what they said they would do.
Council member Edstrom stated any overages are born by the developer not the residents. Staff is doing
their job appropriately.
No action taken.
C,3 Staff update regarding the 2009 Fourth of July Celebration; discussion of same.
Parks and Recreation Director Adam Adams updated the Council on the various activities that will occur
throughout the day on July 4, 2009.
Town Manager Emmons stated a portion of Parkview Drive will be closed for approximately three weeks to
accommodate the construction of this street as it is realigned with Bobcat Boulevard. The closure will begin
at the intersection of Parkview Drive and Bobcat Blvd. and extend approximately 500' to the south. A
detour will be set up to route traffic to Trophy Club Drive, then to Durango, and onto
Parkview. Independence Park, the Trophy Club Community Pool and Medlin Middle School will only remain
accessible from the portion of Parkview that will remain open.
JD Stotts, 1 Narrow Creek Court -Questioned the 4'h of July parking due to the construction on Parkview.
No action taken, update only.
C.4 Discuss and take appropriate action on the approval and expenditure of EDC4A funds in the
amount $8,770.00 to achieve safety compliance at the community pool as required by the
Virginia Graeme Baker Pool and Spa Safety Act.
Recently the State of Texas enacted the Virginia Graeme Baker Pool and Spa Safety Act which imposes
additional regulations on pool operators. The Town must be compliant with these measures, and as such,
staff requested funding from EDC4A in addition to the GASB funding provided to the Town by the Board.
EDC4A voted unanimously at their February 23, 2009 meeting to fund the project.
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Council member Edstrom asked why this is just now coming to Council. Adam Adams said that there is a
lot of confusion regarding this Federal Law. The Town has already taken the measures to be compliant.
Parks and Recreation Director Adams said the change has to do with the pool water volume and divided
drain suction.
Bob Radder, 1 Lee Court -Clarified that the work has already been completed.
Motion made by Edstrom, seconded by Rose to approve expenditure of EDC4A funds in the amount
$8,770.00 to achieve safety compliance at the community pool as required by the Virginia Graeme Baker
Pool and Spa Safety Act.
Motion passed unanimously with any/further discussion.
C.S Update from staff regarding the Fiscal Year 2009-2010 Budget and basic assumptions;
setting goals and objectives and discussion of the same.
Town Manager Emmons presented the budget timeline and explained that the recent Charter changes
require that by the end of January of the current fiscal year, the Town Manager assist the Council in
developing goals and strategies for budget preparation for the next fiscal period. In order to expeditiously
incorporate the Council's priorities in the development of the 2009-2010 proposed budget, Staff created a
"Council Priority Questionnaire". The Charter also requires that the Town Manager submit to the Council a
proposed budget before the first day of August of each year. During this transition year, the results of the
questionnaire will assist the Management Team as they work together with the Town Manager in preparing
the proposed budget Town Manager Emmons asked the Council to return the completed questionnaire by
this Friday.
Council member Edstrom suggested that the Saturday workshop not be a full day workshop and that
Council members visit with Town Manager Emmons or Finance Director Kathy DuBose prior to the
workshop to discuss their questions. Mayor White expressed concern that this would take up too much of
staffs time.
Finance Director Kathy DuBose advised that Staff has been meeting on a weekly basis and discussing
assumptions. Staff is looking at the current service areas and is actively researching grant funding.
Mayor White asked about the performance measures listed in last year's budget. Town Manager Emmons
responded that typically results are seen over a period of two to three years. The results will be included in
this year's budget.
Council member Rose added that eventually the Mission Plan will need to be revised.
Mayor White said that the workshop may need to last all day in order to discuss strategy and numbers.
Council members Edstrom and Strother agreed that Council and Staffs attention to detail begins to falter
after about four hours in budget sessions. Council needs to decide beforehand which topic they want to
discuss.
No action taken, discussion only.
C.G Discuss and take appropriate action regarding the date for the first regular Town Council
meeting in September and Special Sessions for FY09-10 Budget discussions.
Staff recommends cancelling Council's Regular meeting on September 7,2009 (Labor Day). In addition, in
order to satisfy the legal requirements regarding the approval of the budget, staff also recommends the
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Council call Special Sessions for the following: Saturday, July 18, 2009, Monday, August 24, 2009 and
Monday, September 28, 2009.
Motion made by Edstrom, seconded by Strother to cancel Council's Regular meeting on September 7, 2009
(Labor Day) and schedule the Special Sessions as recommended by staff.
Council will meet the following dates:
JULY
Regular -Monday, July 6 and 20
Special -Saturday, July 18 (Budget Workshop)
AUGUST
Regular -Monday, August 3 (Budget Discussion, Vote to Propose Tax Rate, Set Public Hearings on Tax
Rate as Monday, August 24 and Monday, September 14)
Regular-Monday, August 17 (Budget Discussion)
Special -Monday, August 24 (Budget Discussion -1" Public Hearing on Tax Rate)
SEPTEMBER
Regular-Monday, September 7 (CANCELLED)
Regular -Monday, September 14 (Budget Discussion -Public Hearing on Budget and 2"d Public Hearing
on Tax Rate)
Special -Monday, September 28 (Budget and Tax Rate Adoption)
Motion passed unanimously without further discussion.
C.7 Discuss and take appropriate action regarding an 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 an effective date.
Town Manger Emmons stated this is the continuation of the contract approved on June 22, 2009 and the
transfer of property has to be in the form of an Ordinance. Once the Ordinance is approved, Staff will
coordinate a closing date with the title company. Town Attorney Adams explained the Ordinance handed
out includes language specifying that a survey is being conducted in order to provide a Legal Description.
Adams suggested the Council include the provisions of receipt of the Legal Description in their motion.
Motion made by Edstrom, seconded by Rose approving an 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 that the final Legal
Description be provided to Council upon receiving.
Motion passed unanimously without any discussion.
C.S Discuss and take appropriate action regarding a Resolution approving the submission of the
grant application for the Justice Assistance Grant for the 2009-20010 fiscal year and
designating the Town Manager as the authorized official for the Town.
Mayor White stated that the Justice Assistance Grant Program allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system.
These include law enforcement programs funding equipment. There are no matching funds required for
this equipment. It will be fully funded.
Motion made by Edstrom, seconded by Strother approving a Resolution approving the submission of the
grant application for the Justice Assistance Grant for the 2009-20010 fiscal year and designating the Town
Manager as the authorized official for the Town.
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Motion passed unanimously without any discussion.
C.9 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.
Town Attorney Adams stated that certain sections of Section 6.01 had to be amended based on the Charter
Amendment Election results.
Council member Rose suggested public under Section B. 1 be changed to in compliance with the Texas
Open Meetings Act. and that the Town Manager be added to Section B.8. Council member Rose requested
that the rules regarding attendance, outlined in Section B.3 be implemented in order to always ensure a
quorum.
Council discussed the proposed amendments suggested by Council member Rose and Section E.3,
Agenda Deadline.
Council requested the Town Attorney make the revisions discussed and bring the final revision back at the
July 6, 2009 meeting.
C.10 Items for Future Agenda.
Mayor White questioned the status of # 9, Code of Ethics of the Items for Future Agenda. Town Manager
Emmons advised that staff is still compiling examples from other cities. Mayor White requested to go on
record stating that staffs attempt to receive twenty examples of the Ethics policy is over kill. Mayor White
questioned the status of #12 Open Record Requests. Town Manger Emmons advised that Staff is still
researching options. Under Item #7, update/celebration for the opening of the new Bryon Nelson High
School, Mayor White and Town Manager Emmons announced that the VIP tour would be late June or early
July and an Open House was scheduled for August 7,2009 from 5:00 -7:00 P.M.
Steven Kohs, 18 Overhill Drive -Asked Council to direct Staff to provide a Performance Assessment
Report of the June 10, 2009 storms.
Council member Rose asked for an item to review the Town's Mission Statement. Town Manager Emmons
explained that Council started working on the revision in November 2008 and said he would provide that
information to the Council.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION 9:38 P.M.
EXECUTIVE SESSION
D.1 Council to convene into executive session 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 relative to bonding, contractual, and contractor performance issues
related to infrastructure to be dedicated to the Town as part of the Highlands
Development, including potential claims, settlement, and litigation.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION 10:04 P.M.
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"REGULAR SESSION
0.2 Discuss and take appropriate action relative to Executive Session Item Number 01.
No action taken.
Mayor White questioned how changes in the Legislation are brought forth to the Council. Town Manager
Emmons said that Texas Municipal League provides a seminar every year in August. Town Attorney
Adarns said that Legislative changes are made administratively, they do not require an Ordinance.
E.1 Adjourn.
Meeting adjourned at 10:07 P.M.
Visa Hennek, Town Secretary
Town of Trophy Club, Texas
.Connie White, Mayor
Town of Trophy Club, Texas
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