Minutes TC 05/18/2009MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 18, 2009
6:00 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, May 18, 2009.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Connie White
Philip Sterling
Susan Edstrom
Glenn Strother
Bill Rose
Mayor
Mayor Elect
Mayor Pro Tem
Council Member
Council Member
Council Member Elect
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson
Jim Moss
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
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adarn Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 6:01 P.M.
Mayor Sanders announced that Council members Moss and Wilson would be absent.
Council convened into Executive Session at 6:03 P.M.
EXECUTIVE SESSION (6:00 -7:00 P.M.)
A.2 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.
May 18, 2009 Minutes 1
'REGULAR SESSION
Executive Session ended at 6:50 P.M.
Council reconvened into Regular Session at 7:00 P.M.
A.3 Discuss and take appropriate action relative to Executive Session Item Number A.2.
Town Attorney Adams stated the Town has been presented with two drafts of a ten page settlement
agreement that contains numerous points in addition to the two simple points identified in the press release:
"Cancel all legal actions currently in process" and "Town to advise our legislators to oppose any new
legislative changes affecting TCMUD1." When the Town opposes or supports legislation it does so by
taking action as a body via a resolution. The Town cannot contract away its legislative authority and cannot
bind a future Council to an action by this Council.
The Council discussed options for the attorneys to prepare a simplified version of the settlement agreement
consistent in the form of a Rule 11 agreement. Town Attorney Adams explained that when a lawsuit is
dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is
dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are
considered to be lost or waived. The same holds true when an admission is made or when a motion is
denied without prejudice.
The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a
decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though
the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary
for the court in which the subsequent action is brought to determine whether that action is based on the
same cause as the original action, or whether the identical parties are involved in the two actions.
Motion made by Edstrom, seconded by Sterling directing the attorneys to prepare a simplified version of the
settlement agreement proposed by the MUDs in the form of a Rule 11 agreement with the following
agreements:
1. MUDs to dismiss lawsuit in 362"d Second Court of Appeals with prejudice
2. MUDs to dismiss appeal in Second Court of Appeals
3. Town to dismiss its appeal in Second Court of Appeals
4. Each party to pay their own attorneys fees and costs
The Council discussed that the Settlement should not mention the requirement that the Town take action to
oppose legislation because the Council cannot contract away their legislative authority and can't bind future
Councils and agreed that this should not be included in the motion.
Motion passed unanimously without further discussion.
B.1 Mayor Pro Tern Sterling offered the invocation.
B.2 Council member Edstrom led the Pledges.
Motion made by Sterling. seconded by Strother to approve the Consent Agenda, Items C.1 -C.3.
Motion passed unanimously without any discussion.
May 18, 2009 Minutes 2
C.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, April 6,
2009.
C.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, April 20,
2009.
C.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 6,
2009.
End of Consent
PUBLIC HEARING
Public Hearing opened at 7:15 P.M.
0.1 PubliC Hearing for a proposed Zoning Change from "R·1S" Single Family Residential to "R·
12" Single Family Residential for an approximate 2.300 acres located where Ridge View Lane
dead ends into vacant land just north of the intersection of Skyline Drive and Ridge View
Lane, Requested by Jacobs Engineering Group, Inc., on behalf of BDMR Development, LLC
(ZCA·09·01S)
Kyle Salzman attended on behalf of Jacobs.
The following residents addressed Council relative to preserving the Parkland in the area being rezoned.
Kathy Trotter, 310 Skyline -Submitted a letter read by Mayor Pro Tem Sterling
JD Stotts, 1 Narrow Creek Court
Larry Lentzner, 303 Ridge View
0.2 Public Hearing regarding proposed changes to the Town of Trophy Club Code of
Ordinances, Comprehensive Zoning Ordinance, Supplementary District Regulations, Section
S.03 "Accessory Structures and Uses" including without limitation, amending and adopting
new regulations affecting accessory structures, and affecting locations of flagpoles. (ADM·
09·002)
No speakers addressed the Council.
Public Hearing closed at 7:27 P.M.
Town Council reconvened into Regular Session.
'REGULAR SESSION
E.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2000·
06 P&Z, the same being the Comprehensive Zoning Ordinance of the Town, to change the
zoning from "R·1S" Single Family Residential to "R·12" Single Family Residential for an
approximate 2.300 acres located where Ridge View Lane dead ends into vacant land just
north of the intersection of Skyline Drive and Ridge View Lane and amending the Official
Town Zoning Map to reflect the zoning change to R·12 Single Family Residential.
(Requested by Jacobs Engineering Group, Inc., on behalf of BDMR Development, LLC -
ZCA-09-01S)
Planning and Zoning Chairman, Gene Hill stated on May 7, 2009 the Planning and Zoning Commission
conducted a Public Hearing and discussion of this item. No residents were in attendance at the Public
Hearing.
May 18, 2009 Minutes 3
Following discussion of the topic among the Commissioners, a motion was made and seconded
recommending approval of the zoning change request from R-15 Single Family Residential to R-12 Single
Family Residential. The motion passed by unanimous vote of the 5 commissioners present: Chairman Hill,
Commissioners Ashby, Forest, Reed, Sheridan, (two members had excused absences).
Town Manager Emmons clarified that this is a rezoning issue and the parkland discussion will come at a
later date. Staff will take the citizens' and Park Board's request into consideration at that time, as this is not
the appropriate time to discuss.
Motion made by Edstrom, seconded by Strother to approve an Ordinance amending Ordinance No. 2000-
06 P&Z, the same being the Comprehensive Zoning Ordinance of the Town, to change the zoning from "R-
15" Single Family Residential to "R-12" Single Family Residential for an approximate 2.300 acres located
where Ridge View Lane dead ends into vacant land just north of the intersection of Skyline Drive and Ridge
View Lane and amending the Official Town Zoning Map to reflect the zoning change to R-12 Single Family
Residential.
Council member Strother asked when Staff expects the existing road to the lift station be moved and
clarified that under this Ordinance, the trees on Lot 56 would need to be cut down.
Mayor Sanders said that this area would be good as a pocket park with more usable space and noted the
parking issues.
J.D. Stotts clarified that the trails are very close in relation to this area. Stotts feels that the parking would
be improved if the Town had this property.
Motion passed unanimously without further discussion.
E.2 Discuss and take appropriate action regarding an Ordinance amending Subsection
A(1)(b)(vi), Subsection A(1)(c) and Subsection D of Section 5.03 "Accessory Structures and
Uses" of Article V "Supplementary District Regulations", of Chapter 13 "Zoning" of the Code
of Ordinances of the Town , including without limitation, amending and adopting new
regulations affecting accessory structures, and affecting locations of flagpoles. (ADM-09-
002)
Town Manager Emmons said there are a few instances of non-conforming accessory structures.
Planning and Zoning Chairman, Gene Hill stated on May 7, 2009 the Planning and Zoning Commission
conducted a Public Hearing and discussion of this item. No residents were in attendance at the Public
Hearing.
Following discussion of the topic among the Commissioners, Commissioner Ashby made a motion
recommending approval of the Staff request. Commissioner Sheridan asked to amend the motion
contingent upon adding a statement referencing the section(s) of the ordinance that indicates types of flags
that can be flown. Commissioner Ashby accepted the amendment and Commissioner Sheridan seconded
the motion.
The motion passed by unanimous vote of the 5 commissioners present: Chairman Hill, Commissioners
Ashby, Forest, Reed, Sheridan, (two members had excused absences).
Motion made by Sterling, seconded by Strother to approve an Ordinance amending Subsection A(1 )(b)(vi),
Subsection A(1 )(c) and Subsection D of Section 5.03 "Accessory Structures and Uses" of Article V
"Supplementary District Regulations", of Chapter 13 "Zoning" of the Code of Ordinances of the Town,
including without limitation, amending and adopting new regulations affecting accessory structures, and
affecting locations of flagpoles.
Motion passed unanimously without further discussion.
May 18, 2009 Minutes 4
E.3 Discuss and take appropriate action regarding an ordinance canvassing the returns and
declaring the results of the Joint General and Joint Special Election held on May 9, 2009.
A. Discuss and take appropriate action regarding an Ordinance putting the Home Rule
Charter Amendments from the May 9th 2009 Joint General and Joint Special Election into
effect.
Motion made by Edstrom, seconded by Strother to approve an Ordinance canvassing the returns and
declaring the results of the Joint General and Joint Special Election held on May 9, 2009 and an Ordinance
putting the Home Rule Charter Amendments from the May 9th 2009 Joint General and Joint Special
Election into effect.
Motion passed unanimously without any discussion.
E.4 Outgoing remarks made by Mayor Sanders.
Town Manager Emmons honored Mayor Sanders with a gift on behalf of the residents and staff.
Council member Edstrom honored Mayor Sanders with a list of the Council's accomplishments over the last
four years. Council member Edstrom thanked Council member Jim Moss for his dedication and service.
Mayor Pro Tem Sterling echoed Council member Edstrom's words and thanked Mayor Sanders for his
excellent ambassadorship for the Town.
Council member Strother said that it has been a distinct honor to serve with Mayor Sanders. Strother
hopes that Mayor Elect White will continue to be as involved as Mayor Sanders has in all of the external
organizations.
Greg Lamont, 15 Avalon Drive -Thanked Mayor Sanders for his excellent leadership representing the
Town.
E.S Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election from the Mayor to Incoming Council Members.
Municipal Court Judge, Mark Chambers administered the Oaths of Office and Mayor Sanders presented the
Certificate of Election to Mayor Elect White and Council member Elect Rose.
Mayor White and Council member Rose took their seats at the dais.
E.S Citizen Presentations:
Jim Budarf, 547 Indian Creek Drive -Commented that the past Election was tough and mean spirited. Mr.
Budarf said that all Elected Officials have the responsibility to speak only the truth and that the voters
deserve more credit than what was given to them in this election. Budarf suggested that all rise above the
ashes and clean up their act.
E.7 Opening remarks made by Mayor White and Town Council member Rose.
E.B Discuss and take appropriate action to approve an amendment to the Bank resolution
naming authorized representatives on First Financial Bank accounts.
May 18, 2009 Minutes 5
Town Manager Emmons explained that this Item removes Mayor Sanders from the accounts.
Motion made by Edstrom, seconded by Strother to approve an amendment to the Bank resolution naming
authorized representatives on First Financial Bank accounts.
Mayor White asked if she will be added to the account and if not, why are we not consistent with past
practice.
Town Manager Emmons stated that the change to remove Elected Officials is to improve financial controls
and was a recommendation from Finance Director Kathy DuBose.
Motion passed unanimously without further discussion.
E.9 Items for Future Agenda.
Mayor White added an item discussing of the Charter Amendments and the changes that they will make to
our current system to the June 1,2009 meeting.
F.1 Adjourn.
Motion made by Edstrom, seconded by Sterling to adjourn. Meeting adjourned at 8.39 P.M.
/~ 1J4/70j v Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
May 18, 2009 Minutes
06nnie White, Mayor
Town of Trophy Club, Texas
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