Minutes TC 03/09/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 9, 2009
7:00 P.M.
Los MINUTOS DE REUNION REGULAR de CONSEJO MUNICIPAL PARA EL
PUEBLO DE la UBICACION del CLUB de TROFEO: 100
CAMINO MUNICIPAL, el CLUB de TROFEO, TEJAS lunes, el 9 de marzo de 2009
7:00 de la tarde.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 9,
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
Danny Thomas Fire Chief
A.1 Mayor Sanders called to order and announced a quorum at 7:00 p.m.
A.2 Mayor Sanders offered the Invocation.
A.3 Mayor Pro Tern Sterling led the Pledges.
A.4 Citizen Presentations:
Michael Hickey -submitted a letter in favor of the MUD1 and MUD2 merger read by Council Member
Moss.
Director Budarf, 547 Indian Creek -Spoke in favor of the MUD1 and MUD2 merger.
Bruce Morey, 546 Timber Ridge -Spoke in favor of the MUD1 and MUD2 merger.
Director Thomas, 7 Meadowbrook Lane-Spoke in favor of the MUD1 and MUD2 merger.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
Public Hearing opened at 7:13 p.m.
Town Council Minutes -March 9, 2009 Regular Session 1
B.1 Public Hearing of a Request to Amend Permitted Uses for Village Center located in PD-
Planned Development District No. 27 (PD-27), known as The Highlands at Trophy Club.
Applicant: High Trophy Development, LLC represented by Kyle Salzman, Jacobs
Consulting, and David Keener, Centurion American (PO AMD-09-030)
Mayor Sanders announced that a reminder notice was posted in the Trophy Club Times on March 6,
2009, advertising a Town Council Public Hearing for this evening, to amend Ordinance No. 2007-15 P&Z
to delete, alter, and/or allow additional "Permitted Uses" for approximately 16.5 acres known as "Village
Center". The Planning & Zoning Commission has continued the request at the last two P&Z meetings
and is not yet ready to make a recommendation to the Town Council on this item. The item will go back
to P&Z on March 19, 2009 and if a recommendation is reached, will be re·advertised and presented to
Council in Public Hearing on April 6, 2009.
No citizens addressed the Council.
At 7:16 p.m. Mayor Sanders continued the Public Hearing until April 6, 2009.
TOWN COUNCIL CONVENED INTO REGULAR SESSION
'REGULAR SESSION
C.1 Discuss and take appropriate action amending Ordinance 2009-05, ordering and calling a
Joint General and Joint Special Election between the Town, NISD, MUD1 and MUD2 on
May 9, 2009; ordering and calling a General Election for the purpose of electing a Mayor
and two Council Members for two year terms; ordering and calling a Special Election on a
measure to determine whether qualified voters of the Town approve the exchange of a
0.11 acre tract of land owned by the Town which is part of Harmony Park for a 0.18 acre
tract of land owned by a private party and adjacent to Harmony Park; ordering and calling
a Special Election for referred Ordinance No. 2009-05 abolishing MUD2 and submitted to
binding referendum by the Town Council pursuant to the Town Charter; adding Section 5,
ordering and calling a Special Election on various amendments to the Town's Home Rule
Charter. (Ordinance will be provided at the meeting.) (La Ordenanza sera proporcionada
en la junta.)
Dialogar y tomar la accion apropiada que enmienda Ordenanza No. 2009-05 en la que se
ordena una Eleccion Conjunta General y una Eleccion Conjunta Especial y se hace un
lIamado a las mismas, que seran entre el Poblado, NISD, MUD1 Y MUD2, el 9 de mayo de
2009; ordenando y lIamando a una Eleccion General con el propos ito de elegir un Alcalde
y dos Miembros del Concilio por period os de dos anos; ordenando una Eleccion Especial
y lIamando a la misma, referente a una medida para determinar si los votantes calificados
del Poblado aprueban el cambio de una extension de terreno de 0.11 de acre que es
propiedad del Poblado, y que es parte del Harmony Park, por una extension de terreno de
0.18 de acre, que es propiedad de un particular y que esta adyacente a Harmony Park;
ordenando una Eleccion Especial y lIamando a la misma con referencia a la Ordenanza
No. 2009-05, aboliendo a MUD2 y sometido a un referendum de cumplimiento obligatorio
por parte del Concilio del Poblado, en cumplimiento con la Carta Constitucional del
Poblado; ordenando una Eleccion Especial y haciendo un lIamado a la misma, acerca de
varias enmiendas a la Carta Constitucional de Autonomia del Poblado. (La Ordenanza
sera proporcionada en la junta.)
Mayor Sanders advised that the Council would convene into Executive Session, for Items posted under
0.1 and prior to considering the next items.
Town Council convened into Executive Session at 7:20 p. m.
Town Council reconvened into Regular Session at 9:01 p.m.
Town Council Minutes -March 9, 2009 Regular Session 2
Town Attorney Adams announced a typo in the posting; Ordinance 2009-05 should be 2009-06.
Motion made by Edstrom, seconded by Sterling to amend Ordinance 2009-06, ordering and calling a
Joint General and Joint Special Election between the Town, NISD, MUD1 and MUD2 on May 9, 2009;
ordering and calling a General Election for the purpose of electing a Mayor and two Council Members for
two year terms; ordering and calling a Special Election on a measure to determine whether qualified
voters of the Town approve the exchange of a 0.11 acre tract of land owned by the Town which is part of
Harmony Park for a 0.18 acre tract of land owned by a private party and adjacent to Harmony Park;
ordering and calling a Special Election for referred Ordinance No. 2009-06 abolishing MUD2 and
submitted to binding referendum by the Town Council pursuant to the Town Charter; adding Section 5,
ordering and calling a Special Election on various amendments to the Town's Home Rule Charter.
Town Attorney Adams stated the ballot language and proposed modified Charter provisions were added
to Section 5 of the previously approved Ordinance calling the May 9, 2009 election. Adams explained
the propositions and said the definitions will not be listed on the ballot, only the propositions will be listed
on the ballot.
The Council thanked Pearl Ford for helping Town Attorney Adams work through the Ordinance.
Council member Strother suggested the staff create and publish a Voter's Guide to educate the citizens
of the proposed Charter Amendments.
Pearl Ford, 2 Spring Creek Court -Commented that ballot language has to be presented in an unbiased
manner without influence.
Director Jim Budarf -Questioned if Council member Moss' vote on March 2, 2009 was valid, as not all
the facts regarding Westlake were presented at that meeting and that the Council does not review the
financials.
Director Jim Thomas -Spoke on hearsay and the circulating rumors regarding Westlake.
Mayor Sanders and Council denied the rumors and hearsay as told by Director Thomas. Each council
member with the Town Manager and Town Attorney confirmed that they were not aware of the issues
presented as rumors.
Master District Chair White, 119 Trophy Club Drive -Proposed a truce and requested the Council stop
the wrangling, and that the Town discussions with Westlake and legal fighting end here. All entities need
to come to an agreement.
Mayor Sanders responded that MUD2 filed the TRO and the injunction and has since filed an appeal.
Sanders stated that MUD1 has now joined that appeal and is taking the lead. The Town has no authority
to stop the suits, and can only respond to what has been filed by the MUDs. Mayor Sanders said the
agreement on ballot language had already been proposed and Bond Attorney advised against the
proposal. Mayor Sanders said ifthere was a way to avoid litigation, the Council would, but the fact is the
MUDs have filed suit. Town Attorney Adams added that based on the correspondence she has received
frorn the MUD1 and MUD2 attorneys; it appears as if the MUDs have the intent of moving forward with
the litigation.
Council member Moss stated that he has made a sincere effort to understand the numbers by spending
hours with Directors Thomas and Twomey. Council Moss said that he could not justify the numbers in
the end.
Mayor Pro Tem Sterling responded to Director Jim Budarf, stating Council receives variance reports and
financials as they are discussed and approved at the Council meetings each month.
Motion passed 4: 1 with Wilson opposing.
Town Council Minutes -March 9, 2009 Regular Session 3
C.2 Discuss and take appropriate action designating a person to serve as liaison between the
Town and ASA.
The Town Council approved Resolution 2009-03 on February 16, 2009 authorizing the Town's adoption
of a unit through the America Supporting Americans Program ("ASA").
Mayors Sanders explained that staff advertised the need for a liaison to the ASA Program. The
Advertisement was published in the February 27, 2009 Town Newsletter, posted to the news listserv on
February 20, 27 and March 6, 2009 and posted to the website and Marquee.
Four residents expressed interest in serving on a Committee: Wanda Franklin, Don Farmsworth, Mark
Wood and John Dumbleton. Wanda Franklin was the only one who felt that she had the time to commit
as the Liaison.
Motion made by Edstrom, seconded by Wilson to designate Wanda Franklin to serve as liaison between
the Town and ASA.
Motion passed without any discussion.
C.3 Discuss and take appropriate action regarding expenditure from Court Technology Fund
for software upgrade in the amount of $4,500.00.
Town Manager Emmons stated that the Court Department is experiencing difficulties with the current
version of software it uses. The issues can only be resolved by upgrading to the recent version of
software. The total cost is $4,500.00 (LT Systems for upgrading $4,050.00 and $450.00 for the
configuration from STW.)
If approved, these funds for upgrading will come from the Court Technology Fund, which currently has a
balance of $16,948.66.
Motion made by Edstrom, seconded by Strother to approve the expenditure from Court Technology Fund
for software upgrade in the amount of $4,500.00.
Motion passed without any discussion.
C.4 Items for Future Agenda.
Mayor Sanders requested an item to address the concerns expressed tonight by Directors Budarf and
Thomas and an item discussing a Tax Incrementing Finance (TIF) as it relates to taking over MUD2.
Council member Wilson requested that the item regarding a Library Focus Group be placed back on the
list.
Council did not reconvene into Executive Session.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
0.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072
"Deliberation Regarding Real Property" and Section 551.071 (1) and (2) "Consultation with
Attorney", the Council will enter into executive session to discuss the following:
A. Potential purchase of land at 101 Trophy Club Drive (100 Block Trophy Club Drive)
andlor additional locations within the Town for future Police and Fire complex and
legal advice related to potential future sites and land acquisition.
Town Council Minutes -March 9, 2009 Regular Session 4
B. Legal advice related to Cause No. 200940021-362, 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, appeals filed by MUD1 and
MUD2, and Town responses to actions taken by MUD1 and MUD2;
C. Legal advice related to the consolidation of MUD1 and MUD2, dissolution of MUD2,
and related ballot propositions;
D. Legal advice related to the May, 2009 election, ballot, and propositions.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
"REGULAR SESSION
E.1 Discuss and take appropriate action relative to Executive Session Item Number D.1.
Motion made by Sterling, seconded by Edstrom to cease the negotiations on the Church properties.
Motion passed without any discussion.
E.2 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 9:50 p.m.
Ljj enneK, Town ecretary Nick Sanders, Ma
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes -March 9, 2009 Regular Session 5