Minutes TC 09/28/2009MINNUTES FROM PUBLIC HEARINGS/REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 28, 2009 7:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September
28, 2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Glenn Strother
Philip Sterling
Susan Edstrom
Kath leen Wilson
Bill Rose
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
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Adam Adams Parks Director
Carolyn Huggins Planning and Zoning Manager
Mayor White announced the date of September 28, 2009 call to order and announce a quorum at
7:01 p.m.
Invocation was offered by Fire Chief Thomas.
Pledges were led by Council member Edstrom.
CITIZEN PRESENTATIONS:
Mike Morvan (Representing Standard Pacific Homes) -4009 Emerald Oak Drive, Haltom City -
Requested the Council consider funding for and additional employee in the Inspection/Permit Department
or third party Inspection Company due to the procedural delays in processing permits.
Julian Owens -213 Oak Hill Drive -Addressed the Council regarding the dog shooting and questioned
other options and/or solutions. Mr. Owens asked the Council to consider alternate methods and
adequate resources necessary for the Police and Animal Control Officer to do their jobs.
Jennifer Killian -234 Oak Hill Drive -Addressed the Council regarding the dog shooting and questioned
other options and/or solutions. Ms. Killian volunteered to raise money to donate to the Police Department
in order to provide alternate resources necessary for Animal Control and asked Council to provide an
estimate.
September 28,2009 Town Council Minutes 1
Deandra Pugh - 2 Chimney Rock Drive -Addressed the" Council regarding the dog shooting and
requested the Council consider an Agenda Item to discuss Code Enforcement and the adequate
resources necessary for the Police to do their jobs.
CONSENT AGENDA
1.09-380-T Consider and take appropriate action regarding an Interlocal Agreement for Participation
in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating
the Assistant Town Manager as the Household Hazardous Waste Collection Coordinator and
designating the Town Manager as the alternate for contract term of October 1, 2009 through
September 30, 2010.
Motion made by Edstrom, seconded by Rose to approve the Consent Agenda, Item 1.
Motion passed unanimously without any discussion.
PUBLIC HEARING
The Public Hearing opened at 7:19 p.m.
2.09-353-T Town Council to conduct a second Public Hearing on the proposed 2009-2010
Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget".
Pearl Ford, 2 Spring Creek Court -Addressed the Council stating that the Budget process this year was
different and better. Ms. Ford commended the Finance Director, the Finance Department and the Council
for their hard work. Ms. Ford spoke in favor of the tax increase in order to fund future amenities.
3. 09-385-T Town Council to conduct a Public Hearing relative to the Service and Assessment
Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement
District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special
Assessments against the Property in PID No. 1 and matters contained in the proposed
Ordinance.
Town manager Emmons explained that clarified when the Service and Assessment Plan for Authorized
Services was originally proposed, it was based on the same allocation provided by TC MUD 1. Since the
proposal, TC MUD 1 approved a lower rate and the Hearing Notice was revised to reflect the lower rate.
No citizens addressed Council.
The Public Hearing closed at 7:28 p.m.
REGULAR SESSION
4. 09-383-T Consider and take appropriate action regarding a Resolution repealing Resolution
2008-23 and adopting a new Resolution making appointments to serve EDC 4A, EDC 4B, Parks
and Recreation Board, the Planning and Zoning Commission, Tree Board and the Zoning
Board of Adjustment.
The following gave recommendations:
Tree Board Chair Deandra Pugh
EDC4 Chair JD Harvey
Zoning Board of Adjustment Chair Bob Downey
September 28, 2009 Town Council Minutes 2
Town Manager Emmons gave the recommendations on behalf of EDC 4B, Parks and Recreation and the
Planning and Zoning Commission.
Motion made by Edstrom, seconded by Sterling to approve Resolution 2009-19 as written with the
recommendations provided from each Board and Commission, and taking the Alternate seat for the
Planning and Zoning Commission Alternate under advisement.
Motion passed unanimously without any discussion.
5.09·323·T Consider and take appropriate action regarding an Ordinance of the Town Council
of the Town Of Trophy Club accepting and approving an update of the Service and
Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement
District No.1 (The Highlands at Trophy Club); making and adopting findings and other related
provisions; and providing an effective date.
This ordinance covers the annual update required for assessments on the PID bonds. The annual update
required for assessments on emergency services is completed separately.
Motion made by Edstrom, seconded by Strother to approve an Ordinance of the Town Council of the
Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and
Updated Assessment Roll for Town of Trophy Club Public Improvement District No.1 (The Highlands at
Trophy Club).
Town Manager Emmons stated that the correct Appendix A was provided as a hard-copy for the Council's
review.
Motion passed unanimously without further discussion.
6. 09-390·T Consider and take appropriate action regarding an Ordinance of the Town Council
of the Town Of Trophy Club accepting and approving a Service and Assessment Plan for
Authorized Emergency Services and Assessment Roll for the Town Of Trophy Club Public
Improvement District No.1 (The Highlands At Trophy Club); making a finding of special benefit
to the property in the District; levying special assessments against property within the district;
providing for payment, method of assessment, penalties and interest; and providing an
effective date.
This Ordinance approves the fixing and levying of assessments for the fiscal year beginning October 1,
2009, and ending September 30, 2010.
Motion made by Edstrom, seconded by Rose to approve an Ordinance of the Town Council of the Town
Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated
Assessment Roll for Town of Trophy Club Public Improvement District No.1 (The Highlands at Trophy
Club), and amending the set rates at $51 ,967.04.
Motion passed unanimously without any discussion.
7. 09-386·T Consider and take appropriate action regarding an Ordinance adopting and
approving the Budget for the fiscal year beginning October 1, 2009, and ending September 30,
2010.
Mayor White explained the two examples provided for Council's consideration. Example 1 reflected a tax
rate of $0.4700 and Example 2 refiected a tax rate of $.45551. Mayor White proposed and supports the
$0.4700 tax rate for the purpose of generating funds that will be placed into a special restricted account to
fund major capital costs. Knowing that these expenses are coming for roads, drainage and a complete
September 28,2009 Town Council Minutes 3
assessment of the computer systems, White feels it is a responsible move to embark upon building a
Capital Improvement Fund. The funds set aside now will result in less debt service required in the future.
Motion made by Edstrom, seconded by White to approve an Ordinance adopting and approving the
Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010 with a tax rate of
$0.4700.
Council member Edstrom thanked Pearl Ford for her help and suggestions. Edstrom agreed with the
Mayor regarding setting aside funds for the Town's future.
Council member Sterling understands the Mayor and Council member Edstrom's comments but is not in
favor of raising the tax rate. Council member Sterling applauded the efficiencies of Town Manager
Emmons and his Staff.
Council member Wilson concurred with Council member Sterling as there are still funds that have not yet
been examined for legitimacy. Wilson pleaded that should the Council increase the taxes that money be
delineated specifically for capital improvement. Wilson suggested discussing funding and future spending
at the long range planning session.
Council member Edstrom amended the motion to adopt the Budget for the fiscal year beginning October
1, 2009, and ending September 30, 2010 with a tax rate of $0.4700 as provided with the Example 1, the
second agreed.
Mayor Pro Tem Strother stated no one wants to raise taxes. Stroher asked the Council to consider the
followings, the Town lost $50,000 for funding for 11, employee, and still do not know what may happen in
the future in relation to staffing, the residents want more amenities, but do not want to pay for the
services, the Town still has to finance the purchase of a work truck as we are in not in the position to buy
one out right. Hopefully this Council can continue to operate the Town efficiently and more effectively and
the quality of life in Trophy Club is balanced through this process. The Strategic Planning Session, the
housing boom and the right Commercial Development will help offset the tax. Strorther mentioned that
the Town is still governed by two different entities and the Town is still waiting for a special water rate as
they are the second largest water user.
Council member Rose stated that the budget process was interesting and future efficiencies will be
determined in the Strategic Planning Session. Rose is comfortable setting the tax rate at $0.4700, as the
Council has the discipline to use it wisely.
Council member Edstrom reassured that the Council is not run amok and all members have a fiscal
responsibility. Staff and Council have scrubbed each line and cannot find any extra funds. Edstrom
stated that necessary items such as an additional Animal Control Officer, Tasers, a Student Resource
Officer, four additional Police Officers, and a Drainage Study did not get included to this budget. The
Strategic Planning Session should not be a discussion of what this Council should be doing today, but
what this Council needs to plan and budget for in the future.
Town Manager Emmons expounded on the needs and staid Staff is required to identify and establish a
Capital Improvement Plan for the next five years. Emmons said the plan has been identified the plan, but
there is no way to pay for it. This budget includes the Drainage Study, but not the money necessary to fix
the areas identified in the study. Emmons hopes the Council recognizes the approach Management has
taken regarding fiscal responsibility over the past three years.
Council member Edstrom said that unless this Council is proactive and sets funds aside now, a Strategy
Planning Session is futile as without any money, Council can only talk about a strategy. This Council
needs to continue the planning started last November and need to put money aside in order to
accomplish the strategies identified. Edstrom called for the vote.
Council member Rose commented that two citizens spoke in favor of the tax increase.
September 28, 2009 Town Council Minutes 4
Council member Edstrom called for the vote.
Motion passed 4:2 with White, Strother, Edstrom and Rose voting in favor and Wilson and Sterling
opposing.
8.09-388-T Consider and take appropriate action regarding an Ordinance fixing and levying
Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2009, and
ending September 30, 2010.
Staff provided two examples for Council's consideration. Example 1 reflected a tax rate of $0.4700 and
Example 2 reflected a tax rate of $.45551.
Motion made by Edstrom, seconded by Rose to adopt an Ordinance that would fix and levy property
taxes and that property taxes be increased by the adoption of a tax rate of $0.4700 per $100 valuation for
the fiscal year October 1, 2009, and ending September 30, 2010. Edstrom's motion further specified, that
the Operations and Maintenance component of the tax rate to be $0.38838, the Interest and Sinking
component of the tax rate to be $0.08162 and that the property tax rate be increased by the adoption of a
tax rate of $0.4700, which is effectively a 3.18 percent increase in the tax rate, the second agreed.
A roll-call vote was taken. The motion passed 4:2 with White, Strother, Edstrom and Rose voting in favor
and Wilson and Sterling opposing.
9. 09-387-T Consider and take appropriate action to ratify the property tax increase reflected in
the previously approved Town Budget for the fiscal year beginning October 1, 2009, and
ending September 30, 2010.
In addition to adopting the budget and voting to set the tax rate, which we currently achieve via two (2)
different agenda items, Section 102.007 of the Texas Local Government Code provides that the adoption
of a budget that requires raising more revenue from property taxes than in the previous year also requires
a separate vote of the Council to ratify the property tax increase refiected in the budget. The vote to ratify
the property tax increase is in addition to and separate from the vote to adopt the budget or the vote to
set the tax rate required by Chapter 26 of the Tax Code, or other law. Staff provided two examples for
Council's consideration. Example 1 reflected a tax rate of $0.4700 and Example 2 refiected a tax rate of
$.45551.
Motion made by Edstrom, seconded by Strother to approve that the property tax rate be increased by the
adoption of a tax rate of $0.4700, which is effectively a 3.18 percent increase in the tax rate.
A roll-call vote was taken. The motion passed 4:2 with White, Strother, Edstrom and Rose voting in favor
and Wilson and Sterling opposing.
10. 09-389-T Consider and take appropriate action regarding a Resolution approving the tax roll
of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2009.
Motion made by Edstrom, seconded by Sterling to approve a Resolution approving the tax roll of the
Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2009.
Motion passed unanimously without further discussion.
11.09-357-T Consider and take appropriate action regarding the third quarter financial and
variance report dated:
a. August
September 28, 2009 Town Council Minutes 5
The August 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. Management recommends
approval.
Motion made by Edstrom, seconded by Wilson to approve the third quarter financial and variance report
dated August 2009.
Motion passed unanimously without any discussion.
12.0S-312-T Consider and take appropriate action regarding an Ordinance amending the Code
of Ordinances by adding Article XVlI,entitled Hotel Regulation to Chapter 3, entitled Buildings
and Construction, requiring Hotel Permitting and Providing Standards for Permit Holders and
providing an effective date.
Town Manager Emmons said that Staffs intent was to mirror the City of Granbury's Ordinance, however
once the review started, staff determined that a better way was to create a new Article under Buildings
and Construction.
The Council discussed the interpretation of the deadline for permit application. Council requested Staff
clarify this section and then bring it back to Council.
No action taken.
13.0S-381-T Consider and take appropriate action regarding the Texas Department of Public
Crime Records Service Texas Data Exchange (TDEx) User/Equipment Agreement.
The Texas Data Exchange system permits agencies to share data on criminal investigations with other
agencies and query other agencies information to aid in the investigation of crime.
This tool will enable the Police Department with an additional source of information to determine whether
suspects in crimes in Trophy Club are suspects or arrestees in other jurisdictions and help us develop
criminal cases. There is no cost to this service.
Staff recommends approval of this agreement.
Motion made by Wilson, seconded by Edstrom to approve the Texas Department of Public Crime
Records Service Texas Data Exchange (TDEx) UserlEquipment Agreement.
Motion passed unanimously without further discussion.
14.0S-3S2-T Items for Future Agendas
Council added Item to discuss Code Enforcement and the adequate resources necessary for the Police to
do their jobs and an Item with an update from Staff regarding the delinquency for Town of Trophy Club
Public Improvement District No.1 (The Highlands at Trophy Club), NH8.
1. Town Manager Emmons to report on the sound barrier issues on the east side and conversations
with TXDOT, and discussion of same. (Wilson)
2. Discuss and consider options to approve the upkeep of rental property, with or without creating a
Building Standard Commission. (Edstrom -4/21/08)
3. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom -10/20/08)
4. Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring
options and compiling data for a future library. (Wilson)
September 28,2009 Town Council Minutes 6
5. Discuss and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on
4/6109)
6. Item to receive a report to alleviate the congestion of games/practices on the baseball and the
parking issues. (Wilson added May 6, 2009)
7. Item to reevaluate and expand the scope of the Tree Board in reference to beautification. (Wilson
added on August 17, 2009)
8. Item after FY08-09, discussing future EMS negotiations. (Wilson added on August 17, 2009)
9. Council goals and objectives. (Edstrom added on August 17, 2009)
10. Item to receive a report regarding the delinquency for Town of Trophy Club Public Improvement
District No.1 (The Highlands at Trophy Club), NH8.
Receive a progress report from Council Member Wilson regarding the September
TCMUD1 Meeting; discussion of same.
Progress report received from Council member Wilson regarding the September 15, 2009 TCMUD1
Meeting.
Council member Edstrom questioned the new agenda item created by TC MUD 1 that will entail a Council
report from Council Liaison on notices from Council & relevant business and said that this information is
public record and the report is the Town Manager's responsibility.
Based on the discussion at the TC MUD1 meeting on September 15, 2009, Pearl Ford, 2 Spring Creek
Court explained how the DCAD nominations are based. Based on the tax levy for the Town (PID #1
Emergency Services District), the Council was allocated a total of one (1) vote to cast for a nominated
candidate on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District. On
August 3, 2009 Council nominated John Mitchell. Based on the tax levy for the Town, the Council is
allocated a total of five (5) five nominations provided by the Chief Appraiser of the Denton Central
Appraisal District. Council is scheduled to take action regarding this Item at their October 5, 2009
meeting. Ms. Pearl Ford expressed desire to continue serving.
16.09-391-T Mayor's Update regarding training opportunities, educational sessions, and
regional meetings.
Mayor White provided a brief update on her attendance at the following meetings and events:
;;. NTMP How Local Communities are Attracting Developers and Retailers Without Relying on
Federal Funding
;;. Metroport Cities Partnership
;;. Northwest ISO Education Foundation -Annual Drive Kick-off Luncheon
.,. 23rd Annual GrapeFest
>-North TX Super Bowl XLV Host Committee Regional Media Conference
>-Incident Management Systems Training
ADJOURN
Meeting adjourned at 9:25 p.m.
t~ a iI(e;/} gL
LSaHennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
September 28,2009 Town Council Minutes 7