Agenda Packet TC 07/21/2008 - Budget Workshop 1
Town of Trophy Club
Town Council Budget Workshop/Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, July 21, 2008
5:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget.
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
B.1 Consent Agenda: Discuss and take appropriate action regarding the approval of
a Second Modification of the Agreement between the Town and Allied Waste to
adopt a rate increase for solid waste collection, transportation and disposal
services.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. May 2008
C.1 Discuss and take appropriate action regarding an Ordinance repealing Article IV
entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public
Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a
new Ordinance prescribing regulations for Peddlers and Solicitors operating
within the Town, and discuss and provide direction to Staff regarding the future
addition of handbill regulations to the Ordinance.
C.2 Discuss and take appropriate action to approve Minutes dated, July 7, 2008.
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C.3 Discuss and take appropriate action to approve Minutes dated, July 10, 2008.
C.4 Discuss and take appropriate action regarding approval of an Ordinance
amending Chapter 15 entitled "Taxation" of the Code of Ordinances by adding
Article II entitled "Penalty for Collection Costs for Delinquent Taxes and
Assessments" adopting a penalty for the cost of collecting delinquent accounts in
order to defray the costs of collection in accordance with the Texas Property Tax
Code and in accordance with the Town's contractual obligations for tax collection
services.
A. Discuss and take appropriate action approving a contract between the Town and
McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Berry, White & Vanzant LLP,
for the collection of delinquent property taxes and delinquent public improvement
district assessments.
C.5 Discuss and provide input regarding an amendment to Article VI, "Town Council
Rules and Procedures" of Chapter 1, "Administration," of the Code of Ordinances
to amend the Council procedural requirement for a vote to extend meetings past
11:00 PM.
C.6 Discuss and provide direction to staff and/or take appropriate action regarding
Charter Amendments for the November 2008 ballot and the Charter Review
Commission.
a. Discuss and take appropriate action regarding Town Council informational forums
and plan for resident notification relative to Charter Amendments and November
election.
C.7 Items for Future Agenda.
C.8 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
(a) Town Manager's Report.
(b) Town Council report from EDC 4A Liaison, Council member Moss.
(c) Town Council report from EDC 4B Liaison, Council member Strother.
(d) Town Council report from Parks and Recreation Board Liaison, Council
member Moss.
(e) Town Council report from MUD Liaison Council member Wilson.
D.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:
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(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations
within the Town for future joint Police and Fire facility and legal advice related to
potential future sites and land acquisition.
(2) Legal advice relative to Charter Amendments and November Election.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D1.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.A.2
Budget Workshop Session: Review and Discuss FY08-09 Preliminary
Budget.
EXPLANATION:
Finance will provide appropriate backup via separate email. It will not be available upon
distribution of the normal agenda.
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.A.5
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding the
approval of a Second Modification of the Agreement between the Town and
Allied Waste to adopt a rate increase for solid waste collection,
transportation and disposal services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Insert from the June 16, 2008 Minutes
2. Modification
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C.5 Discuss and take appropriate action regarding a rate increase for solid waste collection
and disposal services provided by Allied Waste.
Town Manager Emmons stated that Allied Waste has proved a rate increase for solid waste collection
and disposal services by providing a ninety-five gallon trash cart and changing to once a week collection.
Tim Powell, General Manager presented the increased services levels with automation.
Mayor Pro Tem Sterling said Allied is looking at a considerable savings by implementing the automation
which reduces man power, and reducing weekly pick-ups, thereby saving in fuel. Sterling said that he
does not completely oppose the idea of carts, but Allied carts are too big and their surcharge is too high
considering their service cutbacks.
Trophy Club’s contract expires in two years and it will take five years to amortize the carts. Mr. Powell
recommended extending the contract to seven years.
Council member Edstrom said the Public Works Advisory Group previously looked at this and did not
receive positive citizen support. The size and space is not accommodating for the elderly and Edstrom is
not a proponent because of the size of the cart. Edstrom requested the Public Works Advisory Group first
review the automation proposal and asked that a soft copy of this presentation be forwarded to the
Council.
Steven Kohs, 18 Over Hill Drive – Is not in favor of the automation.
Motion made by Edstrom; seconded by Moss to move forward with the price increase of $10.36 per home
for fuel increase plus disposal, without automation.
Motion passed unanimously without further discussion.
Council directed staff to have the Public Works Advisory Group to review carts and automation.
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THE STATE OF TEXAS §
§ Second Modification of the Exclusive Contract
§ for Solid Waste and Recyclable
§ Materials, Collection, Transportation and
§ Disposal Services for the Town of Trophy Club,
§ Texas
COUNTY OF DENTON §
THIS Second Modification of the Exclusive Contract for Solid Waste and Recyclable
Materials Collection, Transportation and Disposal Services for the Town of Trophy Club, Texas
dated June 1, 2005 (hereinafter “Agreement”) by and between Allied Waste Services, Inc., a
Delaware Corporation d/b/a Trinity Waste Services (hereinafter “Contractor”) and The Town
Of Trophy Club, Texas, a home rule municipality (hereinafter “Town”), is made and entered
into on this the _____ day of ____________, 2008, by and between Contractor and Town,
(hereinafter “Second Modification”).
W I T N E S S E T H :
WHEREAS, Town and Contractor entered into the Agreement on or about June 1, 2005; and
WHEREAS, In May, 2007, Contractor requested that the Town modify the Agreement to
change the primary collection days for solid waste collection and recyclable
materials; and
WHEREAS, Town Council considered Contractor’s request and agreed to a First Modification
memorializing the change to the primary collection days set forth in the
Agreement (hereinafter “First Modification”); and
WHEREAS, In June, 2008, subsequent to the third anniversary of the Agreement and
consistent with the terms of the Agreement, Contractor requested an increase in
the rate to allow Contractor the rate increase based upon Consumer Price Index
for the Dallas Fort Worth Area as authorized by Section “W” entitled “Rates” of
the Agreement; and
WHEREAS, Due to the approval of the increase in rates, Town and Contractor find it
necessary to modify the Agreement to adopt the increased rates as set forth in
Exhibit “A”, which is adopted in Section “W” of the Agreement entitled “Rates”, as
specifically set forth in this the Second Modification of the Agreement (hereinafter
“Second Modification”);
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable
consideration, the parties hereto agree as follows:
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I.
Incorporation of Agreement and First Modification
The Agreement and the First Modification are incorporated herein as if written word for
word. Except as provided below, all other terms and conditions of the Agreement and First
Modification shall remain unchanged and shall remain in full force and effect. In the event of
any conflict or inconsistency between the provisions set forth in this Second Modification, the
First Modification and the Agreement, priority of interpretation shall be in the following order:
Second Modification, First Modification; Agreement.
II.
Modification of Agreement
Effective as of the day and year first written above, Section “W” of the Agreement
entitled “Rates” is hereby deleted in its entirety and a new subparagraph “W” entitled “Rates”
and adopting Exhibit “A”, is added to read in its entirety as follows:
W. Rates: Contractor shall perform the service required hereunder at the rates set forth on
Exhibit “A”, a copy of which is attached hereto and incorporated herein. The rates set forth
on Exhibit “A” for Solid Waste collection and disposal shall be fixed for a period from July 1,
2008 until July 1, 2009. Thereafter, the rates for Solid Waste Collection and disposal shall
be adjusted annually on that same date for each subsequent year during the term, by the
percentage increase, if any, in the Consumer Price Index for the Dallas-Fort Worth Area. If
the specified index ceases to b available, the parties shall use the most closely comparable
index then available. The rates for collection of Recyclable Materials shall remain fixed for
the initial five-year term of the Agreement. If the parties agreed to renew this Agreement for
one or more additional five-year term, the Town and Contractor agree to negotiate in good
faith to agree on a rate for collection of Recyclable Materials for such renewal term.
Notwithstanding the foregoing, the Town reserves its legal right not to renew this agreement
beyond the initial term hereof. No statement contained herein regarding good faith negations
on rate or other items shall be construed as an agreement for automatic renewal of this
Agreement nor shall the Town be deemed in violation of this paragraph if such good faith
negations fail and the Agreement is not renewed.
IN WITNESS WHEREOF, the parties enter into this Second Modification on the date first written
above.
ALLIED WASTE SERVICES, INC. d/b/a
TRINITY WASTE SERVICES
Date: ______________ BY:
______________________________
Title:_________________________
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TOWN OF TROPHY CLUB, TEXAS
Date: ______________
BY: ______________________________
Nick Sanders, Mayor
ATTEST:
_________________________________
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, Town Attorney
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. May 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. May 2008
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding an Ordinance repealing
Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy
Club, and adopting a new Ordinance prescribing regulations for Peddlers
and Solicitors operating within the Town, and discuss and provide
direction to Staff regarding the future addition of handbill regulations to the
Ordinance.
EXPLANATION:
This version reflects changes discussed at the June 2, 2008 Council meeting. Defined
terms were cleaned up and capitalized for consistent use throughout the document.
The requirement for the identification of a permit applicant or permit holder’s race and
weight was deleted as suggested by the Public Safety Advisory Group. Section 4.07
was changed so that the general time frame for solicitation is between the hours of 9:00
a.m. and 5:00 p.m. seven days a week, excluding those holidays listed in the
Ordinance. The more specific time regulations for medians were not changed.
“Exceptions” to the Ordinance were changed to “Affirmative Defenses” as this simplifies
the complaint process in municipal court. The Ordinance was clarified to address
magazines and other publications and printed material which deal with the
dissemination of information or opinion. That type of solicitation is not exempt from the
reasonable time, place and manner restrictions in the ordinance, but a permit is not
required.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from June 2, 2008 Minutes
2. City of Denton (Excerpts pertaining to hand bills)
City of Roanoke (Excerpts pertaining to hand bills)
3. Draft Ordinance
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C.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled
"Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the
Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance
prescribing regulations for Peddlers and Solicitors operating within the Town.
Town Manager Emmons stated the Town’s current Peddlers and Solicitors Ordinance was briefly
discussed at the April 21 and the May 19, 2008 Council meetings. Topics identified for further discussion
at the previous meetings included time/day restrictions, increased fees and permitting requirements, and
an immediate response complaint contact number for resident reporting of violations.
Town Attorney Adams spoke to the revisions noted on the draft forwarded to the Town Council on
Saturday, May 30, advising that both Chief Kniffen and the Public Safety Committee worked on the
revisions as well. Town Attorney Adams provided the proposed revisions were made based upon staff’s
understanding of Council’s input at the last meeting and a bit of work is still needed to clean up the
existing provisions that are inconsistent and need better definitions.
Council member Wilson requested the hours of 9:00 a.m. to 4:00 p.m. be changed under Section 4.03,
Charitable Solicitations, H.a, to 9:00 a.m. to 5:00 p.m.
Mayor Sanders asked Town Attorney to research if magazines were excluded from Section 4.02
Exceptions, B.
Council member Sterling clarified that Section 4.02 I, does not exclude Schwan’s delivery.
Deandra Pugh, 2 Chimney Rock Drive – Said she still has an issue with door hangers even though they
are not considered face to face solicitations.
Bob Radder, 1 Lee Court – Provided the definition of Itinerant and said the Public Safety Advisory
Committee discussed revisions that would require more than what the State required on photo ids.
Per the additional direction provided to staff, Town Attorney Adams will incorporate the suggestions into
the ordinance and present to the Council for final action.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.2
Discuss and take appropriate action to approve Minutes dated, July 7,
2008.
EXPLANATION:
Council member Wilson was absent from this meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(sd)
Attachments: 1. Minutes dated, July 7, 2008
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MINUTES OF BUDGET WORKSHOP/REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 7, 2008
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, July 7,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Jim Moss Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks & Recreation Director
Sakura Moten-Dedrick Finance Director
Stephanie Gohlke Financial Analyst
Mike Pastor Information Systems Director
Ed Helton Streets Superintendent
Chris King Building Inspector
Dean Henry MUD 1 President
Bill Rose CRC Chairman
Gene Hill Planning & Zoning Chairman
Steven Kohs MUD 1 Director
Todd Price Southwest Downs
Alvin Jackson Centurion American
A.1 Mayor Sanders called the Budget Works Session to order at 5:33 p.m. noting a quorum
was present.
A.2 Budget Workshop Session: Review and Discuss FY08-09 Preliminary Budget.
Town Manager Emmons shared that expenditures will be reviewed tonight. Finance Director Sakura
Moten-Dedrick gave a presentation of Assumptions and Expenditures by Departments to Council and
answered questions.
Council directed staff to add $15,000 to Professional Outside Services for Legal.
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Council member Edstrom stated that she is not in favor of any type of staff time reimbursement from the
Economic Development Corporations. Funds can be better spent on needed projects.
Council took a five minute recess.
A.3 Mayor Pro Tem Sterling gave the Invocation.
A.4 Council Member Strother led the pledges.
A.5 Citizen Presentations:
No presentations were made.
A.6 Receive a report from Lewis McLain with CityBase.Net on the Town/MUD water study and
discussion of same.
No report was given.
Council convened into Public Hearing at 7:42 p.m.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing for a Request for a Zoning Change from "R-15" Single Family Residential to
"PD-29" Planned Development No. 29 for Churchill Downs Subdivision. Applicants: Todd
(George) Price, Southwest Downs, and Michelle Brown, Owners. (ZCA-08-013)
No presentations were made.
Council convened into Regular Session at 7:43 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance effecting a zoning change
from "R-15" Single Family Residential to "PD-29" Planned Development No. 29 for
Churchill Downs Subdivision. Applicants: Southwest Downs, George Price, and Michelle
Brown, Owners. (ZCA-08-013)
Mr. Gene Hill, Planning & Zoning Chairman shared the following with Council: In a June 19, 2008 Public
Hearing and Regular Session the Commission heard and considered the applicant’s request for a zone
change for Churchill Downs from the current R-15 Single Family Residential to PD Planned Development
No. 29.
Following discussion with the applicants concerning minimum lot sizes, design standards that will apply to
each lot, minimum home sizes, and some specific architectural feature requirements, the Commission
recommended approval of the zoning change request to PD Planned Development No. 29 with
stipulations that:
• There be no driveways entering on Derby Way,
• Garage doors must be cedar, and
• Any portion of exterior masonry that is not directly supported by the masonry brick ledge must
have engineered stamped drawings.
The Commission’s vote was 5 favoring, 0 opposed, 1 absent and 1 position is vacant.
Council member Strother moved to approve the Ordinance affecting a zoning change. Council member
Moss seconded; motion carried 3:1, with Council member Edstrom opposing.
Carolyn Huggins asked for direction regarding fees.
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Mayor Pro Tem Sterling made a motion to waive the rezoning and replatting fees for a total of $1300.
Motion died for lack of second.
Council member Strother made a motion to waive the replatting fees only for a total of $550. Mayor Pro
Tem Sterling seconded; motion carried unanimous.
D.2 Discuss and take appropriate action regarding the approval of the contract for the Street
Bond project (Oak Hill, Avenue 20, Brook Hollow Lane and Brook Hollow Court) with
Conatser and authorizing the Mayor or his designee to execute all necessary contract
documents.
Council member Edstrom moved to approve the contract for the Street Bond Project with Conatser.
Council member Moss seconded; motion carried unanimous.
D.3 Discuss and take appropriate action regarding the Community Sign Program Proposal and
site plan for Trophy Club Drive.
Mr. Alvin Jackson, Marketing Director, represented High Trophy Development, LLC and Centurion
American Group.
Town Manager Emmons updated Council as to the reasoning behind the Community Sign Program
Proposal. Emmons would like Council to give direction as to what type of sign to allow and materials to
use.
Mr. Jackson presented the differences between proposed signs and the locations Centurion American is
proposing to begin the signs.
Mayor Sanders asked if either proposed sign had issues with the current sign ordinance. Mayor Sanders
would like some written instrument showing the signs will become permanent at the end of build out.
Mayor Sanders would prefer the masonry type sign.
Council member Moss likes the existing signs and would like the new signs to follow suit.
Council member Edstrom prefers consistency with all signs and put Trophy Club at the top of each sign.
Edstrom would like to also include some existing Town amenities on the directional signs.
Mayor Pro Tem Sterling suggested adding white concrete toppers on each and adding Town amenities.
Council member Strother commented Mr. Jackson and Town Manager Emmons meeting and go through
all signs, branding and placement.
Mayor Sanders summarized by asking Council to allow Mr. Jackson to work on creating a more modern
sign and come back with a final proposal.
Town Manager Emmons asked Council if they would consider giving Mr. Jackson permission for one
temporary sign for a period of one year and come back with a final proposal for more permanent signs.
Council agreed to allow one temporary sign for a period of one year.
No action taken.
D.4 Discuss the progress of the Charter Review Commission regarding their pending
proposed amendments and the proposed amendment log, provide direction regarding the
same and preparation for November election.
Mr. Bill Rose, 219 Inverness Drive addressed the Council.
Council will have the report of proposed amendments on Friday, July 11. The Charter Review
Commission will be meeting on Thursday, July 10 to finish up their report. Mr. Rose asked if Council
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could meet with the Charter Review Commission in a workshop next week to discuss the proposed
amendments.
Council agreed to meet with the Charter Review Commission in a joint workshop on Thursday, July 17 at
7:00 p.m.
Council member Edstrom does not agree with the proposed amendment for reimbursement to Council
members. Edstrom asked for clarification on the guidelines for reforms, if the Commission will be able to
provide reasoning for the amendments and if staff has had a chance to provide input.
No action taken, Council will wait until joint workshop to discuss further.
D.5 Discuss and take appropriate action regarding a Resolution of the Town of Trophy Club
authorizing the Town to join the Alliance of TXU/Oncor Customers (ATOC) in participating
in the Oncor electric rate proceedings; authorizing intervention in the PUC proceeding;
authorizing representation of the Town and providing an effective date.
Town Manager Emmons provided history of the ATOC.
Council member Moss moved to approve the Resolution. Council member Strother seconded.
Council member Moss amended the motion to adopt the Resolution with an effective date of July 7, 2008
and appoint Town Manager Emmons as the Town Representative. Council member Strother seconded;
motion carried unanimously.
D.6 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled
"Administration", Article VIII entitled "Schedule of Fees" revising Section 8.16, entitled
"Public Works for Public Improvement District No. 1" of the Code of Ordinances of the
Town.
Town Manager Emmons updated Council on past conversations regarding the different size meters used
and the associated fees. Current design standards state a one inch meter is the smallest allowed
throughout the Town. This ordinance amending Chapter 1 will allow for a flat fee of $2300.
Mayor Pro Tem Sterling moved to approve the Ordinance amending Chapter 1, entitled “Administration.”
Article VIII entitled “Schedule of Fees”, Section 8.16. Council member Edstrom seconded; motion carried
unanimously.
D.7 Discuss and take appropriate action to approve the First Modification of Contract for
Water Supply and Wastewater Treatment Between the Town, Trophy Club Municipal Utility
District No. 1 and Trophy Club Municipal Utility District No. 2 to comply with the
amendment to Chapter 1, Article VIII, Section 8.16, entitled "Public Works for Public
Improvement District No. 1" of the Code of Ordinances.
Council member Edstrom moved to approve the First Modification of Contract for Water Supply and
Wastewater Treatment Between the Town, Trophy Club Municipal Utility District No. 1 and 2 to comply
with the amendment to Chapter 1, Article VIII, Section 8.16, entitled “Public Works for Public Improvement
District No. 1” of the Code of Ordinances. Council member Moss seconded; motion carried unanimously.
D.8 Discuss and take appropriate ACTION regarding the First Modification to the Highlands at
Trophy Club Development and Public Improvement District Agreement, amending Article
III, Section 3.3 of that Agreement to comply with the amendment to Chapter 1, Article VIII
Section 8.16, (Public Works for Public Improvement District No. 1) of the Code of
Ordinances of the Town.
Council member Strother moved to approve the First Modification to the Highlands at Trophy Club
Development and Public Improvement District Agreement, amending Article III, Section 3.3 to comply with
the amendment to Chapter 1, Article VIII Section 8.16, (Public Works for Public Improvement District No.
1) of the Code of Ordinances. Council member Moss seconded; motion carried unanimously.
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D.9 Discuss and take appropriate action regarding a preliminary drainage study, not to exceed
$12,000 on Timber Ridge Drive.
Town Manager Emmons and Council member Moss gave a brief history of this agenda item to Council.
Mr. Bruce Morey, 546 Timber Ridge addressed the Council and presented the Council with a petition of
44 residents of Timber Ridge, Skyline and Overhill to fix the drainage issue.
Mr. Dave Glaser, 15 Overhill briefly addressed the Council stating Mr. Morey expressed his thoughts.
Council member Edstrom asked what the cost would be for a comprehensive Town-wide study. Town
Manager Emmons estimated the cost to be between $120,000 – 150,000.
Mayor Sanders asked Town Manager Emmons where the funds for the study would come from. Emmons
expressed the funds would come from the drainage fees.
Emmons expressed that a comprehensive study needs to be performed.
Council member Moss would like to perform the preliminary drainage study of Timber Ridge Drive.
Council directed Town Manager Emmons to meet with Tom Rutledge, look at funding and come back to
Council with options as soon as possible.
D.10 Discuss and take appropriate action regarding a professional services agreement with
Brinkley Sargent to conduct a needs assessment for police services.
Town Manager Emmons shared the needs assessment would coincide with the possible plans of the
Municipal Utility Districts to purchase land for a joint Police and Fire facility.
Town Manager Emmons stated the funding for the $18,000 will come from building maintenance and
Police Contract Labor.
Council Member Moss moved to approve the professional services agreement with Brinkley Sargent to
conduct a needs assessment for police services. Council member Edstrom seconded; motion carried
unanimously.
D.11 Discuss and take appropriate action regarding the award/rejection of bids and approval of
the contract for the Harmony Park Parking Lot Expansion Project in an amount not to
exceed $207,400.00; and authorizing the Town Manager to execute the contract
documents.
Town Manager Emmons explained the bids ranged from $207,000 to $260,000 and stated funding will
come from bond proceeds, parkland dedication funds and park improvement grant.
Council member Moss moved to approve the bid to 2L Construction in the amount of $207,400. Mayor
Pro Tem Sterling seconded; motion carried unanimously.
D.12 Discuss and take appropriate action regarding the award/rejection of bids and the
approval of the contract for the Harmony Park bathroom expansion in an amount not to
exceed $131,210.00; and authorizing the Town manager to execute the contract
documents.
Council member Moss moved to approve the bid to Raven Building & Supply in the amount of $140,810.
Council member Edstrom seconded; motion carried unanimously.
D.13 Discuss and take appropriate action regarding a Resolution approving the submission of
the Grant application for the Special Criminal Investigator Program for the 2008-09 fiscal
year.
Chief Kniffen briefed Council on the Grant Application. The grant would fund the salary and benefits for
the position for one year as well as equipment and training for the investigator. The total would equate to
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$86000. After one year, the Town would be required to reapply for an extension for the salary, benefits,
and training. If it was not funded again, the Town would have to fund the position locally or eliminate the
position.
Council member Strother moved to approve the Resolution as amended by removing the second
whereas clause. Mayor Pro Tem Sterling seconded; motion carried unanimously.
D.14 Discuss and take appropriate action regarding Amendment No. 1 to the Advance Funding
Agreement for the Safe Routes To School Project between the Town and the Texas
Department of Transportation.
Council member Moss moved to approve Amendment No. 1 to Advance Funding Agreement for the Safe
Routes to School Project between the Town and the Texas Department of Transportation. Council
member Strother seconded; motion carried 3:1 with Mayor Pro Tem Sterling and Council members
Strother and Moss voting for and Council member Edstrom voting against.
D.15 Discuss and take appropriate action to approve Minutes dated, June 16, 2008.
Council member Moss moved to approve the June 16, 2008 minutes as written. Mayor Pro Tem Sterling
seconded; motion carried 3:0:1 with Council member Strother abstaining.
D.16 Items for Future Agenda.
No items added.
D.17 Reports. There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may be
placed on a future agenda.
(a) Town Manager's Report.
Town Manager Emmons gave his report.
Council convened into Executive Session at 10:40 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.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:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional locations within
the Town for future joint Police and Fire facility and legal advice related to future sites
and land acquisition.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Council reconvened into Regular Session at 11:00 p.m.
Council member Strother moved to continue past 11:00 p.m. Council member Edstrom seconded; motion
carried unanimously.
Council reconvened into Executive Session at 11:03 p.m.
Council reconvened into Regular Session at 11:47 p.m.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
55
F.1 Adjourn.
Mayor Pro Tem Sterling moved to adjourn at 11:48 p.m. Council member Strother seconded; motion
carried unanimously.
_____________________________________ ______________________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
56
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action to approve Minutes dated, July 10,
2008.
EXPLANATION:
Mayor Pro Tem Sterling was absent from this meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(sd)
Attachments: 1. Minutes Dated July 10, 2008
57
MINUTES OF JOINT MEETING
BETWEEN TOWN COUNCIL
and THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
dba TROPHY CLUB MASTER DISTRICT
and SPECIAL SESSION FOR THE TOWN COUNCIL
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
THURSDAY, JULY 10, 2008 at 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 Thursday, July 10,
2008. The meeting was held within the boundaries of the Town and was open to the public.
Town Council Members Present:
Nick Sanders Mayor Arrived at 6:21
Susan Edstrom Councilmember
Jim Moss Councilmember
Kathleen Wilson Councilmember Arrived at 6:04
Glenn Strother Councilmember
Town Council Members Absent:
Philip Sterling Mayor Pro Tem
Master District Directors Present:
Carol Borges Chair
Connie White Vice Chair
James Thomas Secretary/Treasurer Left at 8:35
James Budarf Board Member
Kevin Carr Board Member Left at 7:30
Jim Hase Board Member
Dean Henry Board Member
Steven Kohs Board Member
Neil Twomey Board Member
Master District Directors Absent:
Gary Cantrell Board Member
Staff and Guests Present:
Walter Fitzpatrick District Manager
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Sakura Dedrick Finance Director
Stephanie Gohlke Financial Analyst
Danny Thomas Fire Chief
Mary Moore Recording Secretary
Robert Scott Utility Superintendent
Scott Kniffen Police Chief
Mike Pastor IT Director
Bob West Attorney Arrived At 6:25
Pam Liston Attorney
Lou Opipare 32 Crestwood
Greg Lamont 15 Avalon
Bob Radder 1 Lee Court
58
A.1 Council member Edstrom called the Meeting to order at 6:02 p.m. noting a quorum was
present.
B.1 Receive a report from Lewis McLain with CityBase.Net on the Town/MUD water study and
discussion of same.
Mr. McLain was not available to make the presentation. The item was tabled until a later date.
TOWN COUNCIL TO CONVENE INTO JOINT EXECUTIVE SESSION
WITH BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, dba TROPHY CLUB MASTER DISTRICT
Council convened into Executive Session at 6:15 p.m.
EXECUTIVE SESSION
C.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.072
Deliberation Regarding Real Property, the joint executive session will be held to discuss
the following:
Potential purchase of land at 300 Trophy Club Drive and/or additional locations within the
Town for future joint Police and Fire facility
Council reconvened into Regular Session at 7:27 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
D.1 Discuss and take appropriate action relative to Executive Session Item Number E1.
Council member Edstrom moved to add Council members Strother and Moss to fire committee and to
proceed with the purchase of 300 Trophy Club Drive. Council member Strother seconded; motion carried
unanimously.
E.1 Adjourn.
Council member Strother moved to adjourn at 7:29 p.m. Council member Edstrom seconded; motion
carried unanimously.
___________________________________ ____________________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
59
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding approval of an Ordinance
amending Chapter 15 entitled "Taxation" of the Code of Ordinances by
adding Article II entitled "Penalty for Collection Costs for Delinquent Taxes
and Assessments" adopting a penalty for the cost of collecting delinquent
accounts in order to defray the costs of collection in accordance with the
Texas Property Tax Code and in accordance with the Town's contractual
obligations for tax collection services.
A. Discuss and take appropriate action approving a contract between the
Town and McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Berry, White
& Vanzant LLP, for the collection of delinquent property taxes and
delinquent public improvement district assessments.
EXPLANATION:
The Ordinance will be provided under separate cover.
This is a renewal of an existing contract with the collection attorneys who work with
Denton County. The Tax Code provides for various penalties in order to defray the
costs of collecting delinquent taxes and PID assessments. The Ordinance is required in
order to collect those costs allowed under the Tax Code. The Town has utilized these
attorneys for the past several years for the collection of delinquent ad valorem taxes.
With the addition of the PID assessments, the Town must add delinquent assessment
collection services to its agreement.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Ordinance provided under separate cover.
2. Contract for the Collection of Delinquent Property Taxes and Public
Improvement District Assessments
60
61
62
63
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.5
Discuss and provide input regarding an amendment to Article VI, "Town
Council Rules and Procedures" of Chapter 1, "Administration," of the Code
of Ordinances to amend the Council procedural requirement for a vote to
extend meetings past 11:00 PM.
EXPLANATION:
RECOMMENDATION:
Staff suggests removing the vote determining if the meeting shall continue past
11:00 p.m.
ACTION BY COUNCIL:
Attachments: 1. Section C. Types of Meetings, 1. Regular Meetings, of Article VI, “Town
Council Rules Procedures” Chapter 1, “Administration,” of the Code of
Ordinances.
2. Proposed Ordinance
64
C. Types of Meetings
1. Regular Meetings
The Town Council shall meet in the Council/Board Room at the Municipal Utility District
Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month
to be scheduled for 7:00 p.m. o’clock, unless otherwise officially changed by the Town
Council. At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue
past 11:00 p.m.
65
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2008-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE VI, TOWN COUNCIL RULES OF PROCEDURE
OF CHAPTER 1 OF THE CODE OF ORDINANCES BY AMENDING
VARIOUS SUBSECTIONS OF SECTION 6.01; PROVIDING FOR AN
AMENDMENT TO SUBSECTION “C(1)” “REGULAR MEETINGS” TO
REMOVE THE VOTE DETERMINING IF THE MEETING SHALL
CONTINUE PAST 11:00 P.M.; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council establishes rules and procedures to ensure that its meetings are
conducted in an orderly manner; and
WHEREAS, the Town Council has determined it to be in the best interest of the Town and its
residents to amend the Code of Ordinances by revising its Rules of Procedure to remove the vote
determining if the meeting shall continue past 11:00 p.m.; and
WHEREAS, the Town Council hereby finds that the amendment of paragraph C of Section 6.01
of Article VI, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
ADOPTION OF PROVISIONS
Article VI entitled, “Town Council Rules of Procedure” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended, so that the following
section is revised as follows:
Section C, “Types of Meetings”, subsection (1) is hereby revised as follows:
“1. Regular Meetings
The Town Council shall meet in the Council/Board Room at the Municipal Utility
District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third
Monday of each month to be scheduled for 7:00 p.m. o’clock, unless otherwise
officially changed by the Town Council. At 11:00 p.m. a record vote shall be taken to
determine if the meeting shall continue past 11:00 p.m.”
SECTION 3.
SAVINGS AND REPEALER
66
That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and
shall not repeal any of the provisions of such ordinances except in those instances where provisions of
those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to
any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council
hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of
the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town and by
amending the Code of Ordinances to reflect the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication as
required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 4th
day of August, 2008.
______________________________
Nick Sanders
Mayor, Town of Trophy Club, Texas
ATTEST:
_________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Town Attorney,
Town of Trophy Club, Texas
67
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.6
Discuss and provide direction to staff and/or take appropriate action
regarding Charter Amendments for the November 2008 ballot and the
Charter Review Commission.
a. Discuss and take appropriate action regarding Town Council
informational forums and plan for resident notification relative to Charter
Amendments and November election.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
68
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.7
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. (Council member Cates)
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park. (Mayor Sanders - Council member Cates)
3. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the
Code of Ordinances relating to speed limit reduction. (Council member Moss)
4. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same. (Council member Wilson)
5. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
6. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
7. Annual update and presentation by the Park Board. (August 4, 2008)
8. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic.
(Council member Cates – 4/21/08)
9. Discuss and consider options to approve the upkeep of rental property, with or without creating a
Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08)
10. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy
Club Drive to the Country Club (Council member Wilson – 4/21/08)
11. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08)
12. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson –
4/21/08)
13. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas.
(Council member Wilson – 5/5/08)
69
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.C.8
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
(a) Town Manager's Report.
(b) Town Council report from EDC 4A Liaison, Council member Moss.
(c) Town Council report from EDC 4B Liaison, Council member Strother.
(d) Town Council report from Parks and Recreation Board Liaison, Council
member Moss.
(e) Town Council report from MUD Liaison Council member Wilson.
Attachments: 1. None
70
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.D.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:
(1) Potential purchase of land at 300 Trophy Club Drive and/or additional
locations within the Town for future joint Police and Fire facility and
legal advice related to potential future sites and land acquisition.
(2) Legal advice relative to Charter Amendments and November Election.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
71
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
72
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 7-21-2008
Subject: Agenda Item No.E.1
Adjourn.