Minutes TC 01/20/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 20, 2014 at 6:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 20, 2014. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS
COUNTY OF DENTON
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Jeannette Tiffany Mayor Pro Tern, Place 2
Philip Shaffner Council Member, Place 6
Greg Lamont Council Member, Place 5
Danny Mayer Council Member, Place 4
Bill Rose Council Member, Place 1
TOWN COUNCIL MEMBERS ABSENT:
Clint Schroeder Council Member, Place 3
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Stephen Seidel
Assistant Town Manager
Tammy Ard
Town Secretary
Patricia Adams
Town Attorney
April Reiling
PIO/Marketing Manager
Scott Kniffen
Police Chief
Steven Glickman
Finance Director
Carolyn Huggins
Community Development Director
Adam Adams
Director of Parks and Recreation
Mayor White announced the date of January 20, 2014, called the Town Council to order and announced a quorum
at 6:32 p.m.
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1. Introduction of new employees:
• John Zagurski, Budget Analyst
• Robbie Killingsworth, Administrative Assistant, Community Development
• Tanya Stafford, HR Generalist
• Alora Wachholz, Economic Development & Marketing Coordinator
Cindy Kean, Executive Secretary
Craig Reach, Code Enforcement/Customer Service
Duane Boone, Firefighter/Paramedic
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 20,
2014.
3. Discussion of agenda items proposed for consideration on the Regular Session Council Agenda for
February 3, 2014.
CONVENE INTO REGULAR SESSION -START TIME —6:48 P.M.
The Invocation was offered by Director of Parks & Recreation, Adam Adams.
The Pledges were led by Town Manager, Mike Slye.
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 on 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.
Larry Hoover, 1118 Berkshire, addressed the council regarding PD30. Thought the Planning & Zoning
Commissioners who heard the PD -30 proposed amendments should have negotiated with the developer,
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
4. Consider and take appropriate action regarding the Minutes dated December 16, 2013.
S. Consider and take appropriate action regarding Minutes dated October 23, 2013 Special called Town Council
Meeting and Joint Meeting with Trophy Club MUD No. 1.
6. Consider and take appropriate action regarding Minutes dated December 30, 2013 Special called Town
Council Meeting.
7. Consider and take appropriate action regarding a request for approval of a Developer's Agreement for the
Holiday Inn to be located at 725 Plaza Drive in Planned Development No. 25 (PD -25), Trophy Wood Business
Center. Owner: Raj Patel
Motion made by Council Member Rose, seconded by Council Member Mayer, to approve the Consent Agenda as
corrected at the dais.
Motion passed unanimously.
REGULAR SESSION
8. Report from Jan Rugg with Atmos Energy regarding the January 6, 2014 low gas pressure occurrence and
outlining necessary steps for a permanent resolution; discussion of same.
Atmos Energy Representatives, Jan Rugg and Tommy Clark, provided an update and answered questions regarding
the recent low gas pressure issues in Trophy Club. Atmos is currently working to develop a solution to the problem
and will continue to have CNG trucks in Trophy Club during high -demand times. Technicians will monitor the
pressure readings and stay on top of the issues as required.
No action taken, update only.
January 20, 2014 Minutes Page 2 of 9
9. Consider and take appropriate action regarding the award of the bid for the Fresh Meadow/Timber Ridge
Drainage Project and authorizing the Mayor or her designee to execute all necessary documents.
Preliminary work on the drainage project began in 2008 with staff meeting residents in areas where drainage has
been anissue. Over the years, staff has worked with residents and engineers toidentify priority areas and establish
a Trophy Club Storm Water Master P|on—Phaye 1 toaddress five strategic drainage areas that required attention.
Fresh Meadow and Timber Ridge will bethe first project in Phase 1. Quality Excavation was the low bidder at
$966,230.50 and the total includes a 10% contingency, putting the total estimated project cost at $1,062,853.55.
work will start on the golf course side then move to the residential/street side.
Motion made byCouncil Member Rose seconded by Council Member Lamont, toaward the contract to Quality
Excavation LLC in the amount of $966230.50 for the Fresh Meadow/Timber Ridge Drainage Project and
authorizing the Mayor or her designee to execute all necessary documents and to also place aside a 10&
Contingency of$96,6ZlOSmaking the total estimated project cost 1nbe$1,U62,D53.GG.
Motion passed unanimously.
10. Presentation from a member of the Blue Ribbon Panel regarding status ofthe Panel's review, the Panel's
final report, and closure of the process; discussion of same.
James Como, Chairman of the Blue Ribbon Panel, provided an update regarding the process and next steps inthe
Panel's review of consolidating the Town and Trophy Club MUD No. 1 operations/management. The two
subcommittees (Finance & Governance) are near completion of their work and the final report is in draft [nrrn
within the subcommittees for further comment and refinement. Mr. Como anticipates and suggested presenting
the final recommendations and findings in mid -late February in ajnint presentation with the MUD Citizen Action
Committee.
No action taken, update only.
11. Consider and take appropriate action regarding the adoption ofanew Town wf Trophy Club Logo concept.
Trophy Club P|O & Marketing Manager April ReiUngprovided apresentation regarding the logo project tndate and
subsequent logos for Council consideration. Ten logos were presented, which were narrowed down to three based
on community feedback. Logo consideration included not only resident feedback but also best practices and
external appeal.
Motion made byCouncil Member Mayer, seconded by Mayor Pro Tern Tiffany, to approve the TC monogram logo
with the star.
Motion failed 3-3-0 with Council Member Mayer, Mayor Pro Tern Tiffany and Mayor White voting for Council
K8emberShoffner, Council Member Rose and Council Member Lamont, voting against.
Motion made by Council Member Rose, seconded by [uund| Member Mayer to reconsider and table the |n8o until
later inthe meeting when Council Member Schroeder arrives. Council Member Mayer withdrew his second stating
we need to keep voting until we reach a decision. Council Member Lamont seconded Council Member Ruse
motion tutable the logo until Council Member Schroeder arrives.
Motion failed 2-4-0 with Council Member Rose and Mayor White voting for and Mayor Pro Tern Tiffany, Council
Member Shoffner, Council Member Mayer and Council Member Lamont, voting against.
K8Vdon made byCouncil Member Mayer, seconded by Mayor Pro Tern Tiffany, to reconsider the defeated motion
and approve the TCmonogram logo with the star.
Motion failed 3-3-0 with Council Member Mayer, Mayor Pro Tern Tiffany and Mayor White voting for Council
Member Shoffner, Council Member Rose and Council Member Lamont, voting against.
January 20, 2014 Minutes Page 3 of 9
Motion made b;Council Member Lamont, seconded byCouncil Member Rose, toapprove the Clock Tower logo.
Motion failed 3'3'0with Council Member Shofhner, Council Member Rose and Council Member Lamont, voting for
and Council Member Mayer, Mayor Pro Tern Tiffany and Mayor White voting against.
Motion made by Council Member Rose, seconded by Council Member Mayer to table the logo discussion until
Council Member Schroeder arrived.
Motion passed unanimously.
After Executive Session, motion made by Council Member Rose, seconded by Mayor Pro Tern Tiffany, to remove
the logo from the table for discussion.
Motion passed unanimously.
Motion made by Council Member Rose, seconded by Mayor Pro Tern Tiffany to adopt the TC monogram logo with
the star,
KXndon carried 4-2-0 with Council Member Rosa Council Member Mayer, Mayor Pro Tern Tiffany and Mayor
white voting for and Council Member Shoffner and Council Member Lamont voting against.
Motion passed unanimously.
12. Consider and take appropriate action regarding an amendment to the terms of the Non -Exclusive Facilities
Use Agreement between the Town and Trophy Club Roanoke Youth Baseball Association to beeffective for
the remainder mfthe 2014Spring season, authorizing notice mftermination msrequired under the existing
contract and renegotiation ofanew contract for the 2$14Fall and 2M15 Spring season.
Trophy Club Pada & Recreation Director Adam Adams provided an update regarding the baseball agreement
between the Town and TCRY8A. Park Board reviewed the contract and proposed the following contract
amendments for Council consideration:
1. The contract amendment shall run from February 8th ending June 29th.
Z. TCRYBA shall charge each participant through the close of spring registration a $10.00 fee that will then be
paid tothe town.
3. TCRYBAshaU provide audited financials for review bythe Town on an agreed upon date as requested by the
Town.
4. TCRY8AyhaU provide report that identifies all players general residency byTown/[ity bythe third week of
spring season play,
S. TCRYBA shall provide a list of all board members and their addresses to the Town by the third week ofspring
season.
6. TCRY8A shall require background checks on head coaches, assistant coaches, board members, and adult
umpires.
7. No soft toss allowed against field fencing.
U. T[RYBAshall beallowed tohold two tournaments without fees.
m Charles Baedeker, 2422 Ulyfiald addressed the Council and requested that the Town initiate an independent
audit to analyze the costs to taxpayers of hosting baseball tournaments versus benefits for the taxpayers of
Trophy Club.
• Mike Fitzgerald, 2421 Lilyfield addressed the Council and stated he is not against baseball, but does not want
the extension oftime for ball field lighting.
p Jeanne Buck, 2401 LUyfie|d addressed the Council and voiced concerns regarding noise, trash, light and balls
coming over her fence from the ball fields.
p Mike Buck, 2401 U|yheN addressed the Council and stated that it is a violation for 501c3 to lobby a
government entity.
January 20, 2014 Minutes Page 4 of 9
Motion made by Council Member Mayer, seconded by Council Member Rose, to approve the amendment to the
terms of the Non -Exclusive Facilities Use Agreement between the Town and Trophy Club Roanoke Youth Baseball
Association to be effective for the remainder of the 2014 Spring season, authorizing notice of termination as
required under the existing contract and renegotiation of a new contract for the 2014 Fall and 2015 Spring season.
Motion made by Council Member Shoffner, seconded by Council Member Mayer to move to amend provision item
#5 of the contract where it states "TCRYBA shall provide a list of all board members and their addresses to the
Town by the third week of spring season" also located in section 12.03 of the original contract to state "TCRYBA
shall provide a list of all board members and the city/town they reside in to the Town by the third week of spring
season."
Motion passed unanimously.
Motion made by Council Member Lamont, seconded by Council Member Shaffner to amend the contract to state
that TCRYBA shall pay fees for the facilities as follows
1. $2,500 for each season of use by TCRYBA
2. TCRYBA shall access a $10.00 registration fee to all non -Trophy Club players. Trophy Club players will not be
required to pay a registration fee.
Motion failed with Council Member Lamont and Council Member Shoffner voting for and Council Member Rose,
Council Member Mayer, Mayor Pro Tem Tiffany & Mayor White voting against.
Motion carried 5-1-0 with Council Member Shoffner, Council Member Rose, Council Member Mayer, Mayor Pro
Tem Tiffany & Mayor White voting for and Council Member Lamont, voting against.
13. Consider and take appropriate action regarding the potential relocation of the Dino Toddler Park from the
previously proposed location at Harmony Park to a location adjacent to Freedom Dog Park.
Park Board discussed the location of the current Dino Playground and suggested staff look at relocating the
Playground to Trophy Park Drive next to Freedom Dog Park. The proposed site provides for more visibility, easier
access, an existing parking lot (shared with Freedom) and provides further exposure to Trophy Club Park.
Mayor White read the following emails into record:
Hayley Little
"After weighing the different options, I would ask that council consider moving the Dino Park playground to the
alternate (proposed) site near the Freedom Dog Park. This site has many positives in comparison to the current site
at the end of Trophy Club Drive. These include visibility in the town, parking and road access are already available,
and it will provide connectivity to Freedom Dog Pork and TC Pork which ore already destinations for townspeople. I
would love to see more people use Trophy Club Pork and this will encourage more foot traffic to the area. Also, this
location includes a nearby bathroom where the current TC Drive location had no restrooms.
The Gas Well site has proven to be a difficult and more costly alternative. The parking there is limited, the parking
and road will be unpaved, there ore problems with Emergency Vehicle access, the playground will be hidden behind
the gas well, there is limited trail connections, and more. The developer has agreed to continue their financial
support of the new park with this move so / believe it is a win/win for everyone.
At this time, / feel like the proposed Freedom Park location is the best option we have. Indy East would interfere
with our only town event area and encroach on the ONLY location we would have available for a future town
recreation center. Indy West already has a park. Harmony Park currently serves residents on the East side of Trophy
Cub, so we would like to keep the Dino Pork on the West side of town.
We spent many hours working on this park in our sub -committee in the summer of 2013. / would like to see us
move quickly to get the park in a location that works best for our needs so our children can start enjoying it sooner
rather than much later."
January 20, 2014 Minutes Page 5 of 9
David Abdulky, 16 Panorama Trail addressed the Council in support of moving the Dino Playground to
proposed location.
Jeanne Buck, 24011 Lilyfield Drive addressed the Council asking a clarifying question regarding the location of
bathrooms to the proposed site; feels a bathroom at a toddler playground is very important.
Motion made by Council Member Mayer, seconded by Council Member Shaffner, to approve relocation of the
Dino Toddler Park from the previously proposed location at Harmony Park to a location adjacent to Freedom Dog
Park or any other park.
Motion passed unanimously.
14. Consider and take appropriate action regarding a request from the Trophy Club Roanoke Youth Baseball
Association and Triple Crown Baseball for a one -hour variance from the 11:00 pm tournament lighting
restriction for four tournaments to be held on various dates.
Mayor White placed the following emails into record:
• David Jeffries (D.J.), 301 McKenzie Drive, email stated:
`/ would like to vote NO on the Baseball Association wanting to extend the hours to midnight for upcoming
tournaments. I believe that 11 o'clock is late enough for people to be on the fields because that means that
there will be people still there until 12am mingling and shutting everything down. on top of that, you hove
some residents that have to work on Sundays and some that like to go to morning church services. If they shut
down at 12 midnight, most residents around the fields wouldn't get to sleep until lam.Considering they leave
at 11 and go straight home, isn't midnight late enough for a 12 yr old to be up anyway?"
• Chenea Taylor, 4 Overhill Drive, email stated:
"Dear Council Members, My name is Chenea Taylor, 4 Overhill Dr., Trophy Club. We moved to Trophy Club for
the small community feel and family community. As a homeowner here it is important to us that we continue
to hold those values that make Trophy Club special. I love that we have so many parks and places for our kids
to be involved in sports! I also love that we are known in Trophy Club for having one of the best school districts
in Dallas/Fort Worth. My kids and their education is very important to me. As a mother it is absolutely crazy to
have our kids 12 and under out till midnight any night of the week!!! Never would I allow my children to be up
on school nights ofter 10pm, so having pork lights on till midnight seems absolutely ridiculous. With education
being the most important thing our kids need a minimum of 8-10 (10 Hrs are doctor recommend for that age)
hours of sleep there is no way they should even be out post 10pm much less midnight. Furthermore if I am a
homeowner that backs up to a pork then the lights would affect my family and children trying to sleep. If we
want to protect the homeowners rights and property values of those who live around the parks, which should
be important to a// those who live in Trophy Club it is absolutely inconsiderate for us to infringe upon those
rights by allowing park lights on post 10pm on school nights. Thank you."
• Randy Vegely, email stated:
"I am 100% not in favor of leaving the baseball field lights on till midnight. I can't believe this is even being
discussed. I might feel i little different if the fields where there before the homes that backup to the field where
built. Or, if all the homeowners where told before buying their homes that fields will be built and they will be in
use till midnight with very tall lights shining through their windows. Neither was the case.
Please read this letter and include it in your minutes."
• Irma Seal, 149 Creek Courts Drive, email stated:
"I note that this evening you will discuss and vote on on item on the agenda proposed by the TCRBA regarding
extending a midnight -lights -out for tournaments this spring at Independence Park. I want you to know that I do
not support this amendment. While I do not live anywhere near the ball park, I do realize that many of our
town's offected residents hove tirelessly expressed their very valid concerns to you in person, on social media,
and by email correspondence. This effort by the TCRBA reached a compromise with our town lost year. What
has changed that they feel they con continue to press forward annually? If a decision on this issue was
reached last year then let that decision stand.
January 20, 2014 Minutes Page 6 of 9
Speaking as a responsible parent, I am a mother of now adult children that have always played in various
sportslathletic programs in many parts of the country throughout the years and presently have a 12 year old
son who is in various sports activities, as well. Not a single sports program has gone beyond 10:00pm during
school nights. I would not permit my own (young) school children to participate in programs had it been
presented by any sports association because it is simply not reasonable —ESPECIALLY on a school night.
Speaking as a responsible Trophy Club resident, if 1 1:00prn was unreasonable last year, why in the world would
midnight be requested if not to undermine the voice of our residents and the vote of council hoping to
negotiate last year's request??! Protections are necessary and just, and are good for Trophy Club as it's known
to be a "great place to call home" which includes those who happen to live near Indy Park? When such
discrimination is sanctioned, the whole community suffers.
I believe it is your responsibility to work for a just treatment for all of our citizens. Again, this is another
opportunity to do that. I urge all of you to vote against this item on the agenda tonight."
Kevin & Dina Kuhlman, 2423 Strathfield Lane email stated:
I am sending this message to share my opinion - as a fellow resident that you represent - regarding agenda
item for baseball fields at Independence Park.
I am OPPOSED to expanding operating hours far this park for a few fundamental reasons:
1) Children, age 14 years and under, should not be out playing in an organized activity past 9 pm on a school
night or 10 pm on Sat., Sunday or non -school night. My 3 children all play/participate in a variety of
activities - cheer, theatre, band, volleyball and basketball - and they have never had activity that was
scheduled to end beyond 9 pm on school night until junior year in high school (usually because away so
travel time back home). Children need sleep to stay healthy, just ask any pediatrician or educator for their
expertise on this topic.
2) As an elected council member you ore called to represent the best interest of residents and the township.
Lost year concerned residents agreed to a comprise allowing the baseball fields to remain "open" until 8
pm on school nights19:30 pm on non -school nights (Fri., Sat., summer). To go back and expand on this
agreement would not reflect well on the integrity of you as council members,
3) Residents who live nearby these fields should not to have to suffer with the added noise, debris, traffic and
lights caused by additional "open" hours. These extra environmental factors adversely affect THEIR
personal well being. Why should they pay the emotional and physical price for what only benefits the
pockets of baseball association?
Thank you for listening to the views of me and your fellow residents AND for doing the right thing by denying
the request for expanding operating hours at Independence Park and baseball fields.'
• Tracey Hunter, 19 Monterey Drive addressed the Council requesting that the lights out issue be placed back on
the agenda and that lights go out at 10:00 p.m.
• Mike Fitzgerald, 2421 Lilyfield addressed the Council requesting the Town police children throwing things over
the fence.
• Jeanne Buck, 2401 Lilyfield addressed the Council requesting that staff be more proactive in policing issues;
suggested a resident who lives on Lilyfield sit on one of the committees regarding ball fields.
• Irfan Kawosa, 2425 Lilyfield addressed the Council voicing his concern with the message the Town is sending
by allowing ball field lights on so late.
• Julie Foley, 24071-ilyfield addressed the Council requesting the Council put the citizens needs first
Discussion only due to Triple Crown withdrawing their request for a one - hour variance from the 11:00 pm
tournament lighting restriction for four tournaments to be held on various dates.
15. Town Council Liaison Updates; discussion of same:
* EDC - January 13th
* Park Board - January 14th
January 20, 2014 Minutes Page 7 of 9
* Planning & Zoning - January 16th
Town Council Liaisons provided an update addressed questions; no action taken, update only.
16. Town Manager Slye's update regarding the following; discussion of same.
Congratulations to Mayor White for receiving Certification of Achievement for participating in the Texas
Municipal League Institute (TMLQ program
May 2014 Election
114/170 Transportation project update
Sign Ordinance Update
Auditors starting January 20, 2014
Hazardous Mitigation Action Plan (HMAP) Update
Byron Nelson Pedestrian Bridge
Mutts & Mochas February in, March 1st & April 1St from 9:00 am to 12:00 pm
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
17. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings;
discussion of same.
Denton County Weather Response Coordination Meeting - January 3rd
NWISD Strategic Summit - January 10th
Chamber Mayor's Roundtable - January 10th
Metroport Cities Partnership - January 16th
1-35W Coalition Meeting - January 15th
Denton County Mayor's Roundtable - January 15th
Westlake Comprehensive Plan Overview Meeting - January 15th
Mayor White and Council Members updated the Council and addressed questions regarding meetings attended;
no action taken, update only.
18. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings,
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Remove Item #9 - Discussion and action for a new Town Logo (Tiffany 7/15)
EXECUTIVE SESSION
19. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the
Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following:
(A) Texas Government Code Section 551.071(2). "Consultation with Attorney" to consult with its attorney
on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act:
January 20, 2014 Minutes Page 8 of 9
Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and
actions; terms of representation; terms of Interlocal agreement for provision of water and wastewater
services; Town assets and related matters.
(B) Texas Government Code Section 551.071(2) "Consultation with Attorney" and Texas Government Code
Section 551.072 "Deliberations about Real Property" to consult with its attorney on a matter in which
the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the
purchase, exchange, lease, or value of real property where deliberation in an open meeting would have
a detrimental effect on the position of the governmental body in negotiations with a third person:
(1) Sites for the location of the new Police Facility and related negotiations.
CONVENE INTO EXECUTIVE SESSION - START TIME —10:30 P.M.
RECONVENE INTO REGULAR SESSION - START TIME —12:15 A.M.
RECONVENE INTO REGULAR SESSION
20. Consider and take appropriate action regarding the Executive Session.
Motion made by Council Member Rose, seconded by Council Member Mayer, to proceed with the negotiation of a
wholesale water supply and wastewater treatment services contract with MUD No. 1 where the Town pays its fair
share of the cost of the current wastewater treatment plant upgrade based upon capacity used by PID customers
and not on appraised values, that the contract cover the contemplated improvements to the wastewater
treatment plant only and that future upgrades to any part of the water or wastewater system will be negotiated on
a case by case basis.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Mayer, seconded by Council Member Rose, to adjourn. Motion carried
unanimously. Meeting adjourned at 12:18 a.m.
-11;n�la
Ta y Ard, T n Secretary
Town of Trophy Club, Texas
;ea
Connie White, Mayor
Town of Trophy Club, Texas
January 20, 2014 Minutes Page 9 of 9