Minutes TC 02/17/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 17, 2014 at 5:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 17, 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 Tem, Place 2
Philip Shoffner
Council Member, Place 6
Greg Lamont
Council Member, Place 5
Danny Mayer
Council Member, Place 4
Bill Rose
Council Member, Place 1
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
Mayor White announced the date of Monday, February 17, 2014 called the Town Council to order and announced
a quorum at 5:04 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 17,
2014.
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3,
2014.
3. Discussion regarding equipment and software recommendation and funding options for parks and
information technology.
Finance Director Steven Glickman provided an overview and funding options for equipment and software needs as
presented during the February 3, 2014 Council meeting. Proposed funding for these items does not use current
general fund reserves and would instead be funded by current savings, the court technology fund and the capital
projects funds. Proposed projects include pool pump and filter equipment, Sunguard Court interface, Energov
Permitting and Code Enforcement software, painting the Spray Pad and Animal Control software
4. Home Firearms Safety Program
This item was moved to March 3, 2014 agenda due to time constraints.
CONVENE INTO REGULAR SESSION - START TIME — 5:31 P.M.
The Invocation was offered by Chief Kniffen.
The Pledges were led by Council Member Lamont.
EXECUTIVE SESSION
S. 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 (1) and (2) "Consultation with Attorney" and Texas
Government Code Section 551.072 "Deliberations about Real Property" to consult with its attorney on
pending litigation and/or 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:
(2) Condemnation Proceedings for 31 Creekmere Drive
(B) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate
the offer of financial or other incentives to a business prospect that the Town seeks to have locate
within the territory of the Town.
(1) Potential Projects in the Trophy Wood Drive area
(C) 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:
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.
CONVENE INTO EXECUTIVE SESSION - START TIME — 6:00 P.M.
RECONVENE INTO REGULAR SESSION - START TIME — 7:03 P.M.
s • •
6. Consider and take appropriate action regarding the Executive Session.
Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to take action to file for dismissal of
the condemnation action pending for the drainage easement on the property at 31 Creekmere Drive and
authorizing the Town Engineer to work with the contractor to revise the contract and project as necessary.
Motion passed unanimously.
Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to move to direct the attorneys for
Town to negotiate the terms of a long term contract with the MUD attorneys in accordance with the "Potential
Discussion Points" memorandum dated February 17, 2014.
Motion passed unanimously.
February 17, 2014 Minutes Page 2 of 7
PUBLIC HEARING
7. Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant:
JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. (THIS PUBLIC HEARING HAS BEEN
RESCHEDULED AND A NEW NOTICE HAS BEEN PUBLISHED FOR MARCH 3, 2014 HEARING ON THIS
ITEM.)
The Planning & Zoning Commission will hear a resubmitted proposal for PD -30 amendments on Thursday, February
20, 2014 at 7:00 p.m.
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
topk(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
♦ Scott Smith, 2 Salida, Candidate for Justice of the Peace addressed the Council regarding Primary Election early
voting starting tomorrow and Election Day voting on March 41h
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,
8. Consider and take appropriate action regarding the minutes dated February 3, 2014.
9. Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town
and Denton County for administration of the May, 2014 Town election.
Motion made by Council Member Rose, seconded by Mayor Pro Tern Tiffany, to approve the Consent Agenda.
Motion passed unanimously.
REGULAR SESSION
10. Presentation by Jennifer McKnight regarding increased water capacity for off -site water Improvements
(Fort Worth 48 inch transmission line project); consider and take appropriate action regarding the same.
Trophy Club Municipal Utility District No. 1 District Manager, Jennifer McKnight, gave a brief presentation on the
proposed 48" water line upgrade project initiated by Fort Worth. Currently, Trophy Club MUD No. I has a single
feed line from Fort Worth and the upgrade would increase capacity by 2.4 million gallons. The estimated project
cost is approximately $16 million (multi -city project) and Trophy Club MUD No. 1 estimated the Trophy Club
portion would cost $638,359 (Trophy Clubs share in the first phase). If a decision is made to move forward, the
contract must be signed in April.
No action taken.
11. Consider and take appropriate action regarding a Resolution of the Town Council relating to the Giving of
Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of
Obligation, Series 2014 for various costs associated with construction of municipal facilities; and providing
an effective date.
February 17, 2014 Minutes Page 3 of 7
This resolution is the next step in regards to the financial plan presented a couple years ago that allows for debt
issuance tosupport the purchase of land and construction of municipal facilities. Current interestrates are low and
projections indicate rates will go up in the near future. In FY2014, total proposed debt issuance is $9.5 million, and
the remainder of $4.7 million would be considered in FY2015. Issuing this debt would not impact the tax rate.
* JimPornmv 8 Brookfield Court addressed the Council in favor of a new police department facility; however,
does not feel weneed onew Town Hall. Mr. Parrowexpressed interest inseeing the cost ofthe land for the
police facility and the cost mfbuilding apolice facility verses cost for the land for aTown Hall and the cost of
building a Town Hall.
� Nick Sanders, 7 Hayes Court addressed the Council regarding the possibility ofaCivic Center being included in
the future. Mr. Sanders isunclear about how the term "civic center" bdefined aawell asinquiring as to why
the Town is issuing Certificates of Obligation instead of a bond resolution, Mr, Sanders is looking for additional
information inregards tothe debt issued and what will bebuilt.
The Mayor read the following letter into record:
�
Susan and Dave Eds rom, 269OakHiU Drive
We would like our comments read into the public rec not simply made m part qƒthe record but as by
established rules, READ into the record.
Weare not in favor ofthe Town issuing $9.5million in certificates of obligation. This far exceeds the debt we
expect any elected official tomake onour behulfwhen weare not under onemergency order nfany type.
What you are suggesting is to put us in debt to the tune of 9.5 million dollars for plans that have yet to be seen
urdiscussed inpublic and according tothe staff report, there would be"more tocome" in the form 4ƒbonds to
complete the project. Once you have the 9.5 million, would we not be hard pressed ot thotpo/pt to prevent
anything from moving forward?
Auardent supporters o/anew police station, wesupport the use ofCOs for purchase ofthe Ion /brbhePDL/[E
DEPARTMENT, Necannot, however, support plans for unseen, not yet discussed Town Hall orCivic Center. We
think it is incumbent upon council and staff to provide more information on the plans and bring this to a vote of
the residents /n the ƒbnn of bond /t requires resident input on the reason, design and cost That is not
unreasonable and itdoes not mean people wouldn't ultimately support it. While officials are empowered to
make decisions, we do not believe they should be empowered to undertake debt without resident input and to
date, wehave not seen any type offhru/nfor that omu/yet.
We can only assume discussions on the land purchase have been done under Executive Session and we fully
understand the need to keep the purchase negotiations under wraps and the need for those funds. That said,
we would only support funds being issued only for the amount of the land purchase. Council and staff should
then publicly seek input onthe other items and the amount ufthe debt.
We support a new PD 100% and would serve on any bond committee. We do not support 9.5 million dollars in
CO debt to be undertaken for all of the reasons noted above. We ask that you amend the amount requested to
allow you to move forward with the land purchase and nothing else until residents are able to participate
openly in the process.
Motion made byCouncil Member Mayer, seconded byCouncil Member Rose, toapprove Resolution ]014O
Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of
Obligation, Series 2014 for various costs associated with construction of municipal facilities and providing an
effective date.
Motion made by Council Member Lamont, seconded by Council Member Shaffner tu substitute the following for
the motion currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the
purchase cfproperty for the current feasibility study and construction of police and municipality facility within
the Town of Trophy Club and that two referendums be placed on the ballot to approve the building of the police
facility and town facility with a civic center. The coat of the two facilities should be determined prior to being
placed onthe ballot.
February 17, 2014 Minutes Page 4of7
Town Manager Slye pointed out that the feasibility study has already been paid for in October 2013.
Motion made by Council Member Lamont, seconded by Council Member Shoffner to WITHDRAW the motion made
by Council Member Lamont, seconded by Council Member Shoffnerto substitute the following for the motion
currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the purchase of
property for the current feasibility study and construction of a police and municipality facility within the Town of
Trophy Club and that two referendums be placed on the ballot to approve the building of the police facility and
town facility with a civic center. The cost of the two facilities should be determined prior to being placed on the
Motion made by Council Member Lamont, seconded by Council Member Shnffnerto substitute the following for
the motion currently under discussion stating that a certificate of obligation be issued for $2.5 million to cover the
purchase of property and construction of a police and municipality facility within the Town of Trophy Club and that
two referendums beplaced onthe ballot toapprove the building ofthe police facility and town facility with acivic
center.
Motion to approve the substitution motion made by Council Member Lamont seconded by Council Member
Shwfhner to substitute the following for the motion currently under discussion stating that a certificate of
obligation be issued for $2.5 million to cover the purchase of property and construction of a police and
municipality facility within the Town of Trophy Club and that two referendums be placed on the ballot to approve
the building of the police facility and town facility with a civic center failed 2-4-0 with Council Member Lamont and
Council k8emberShoffner voting for and Council Member Rose, Council Member Mayer, Mayor Pro Tern Tiffany
and Mayor White voting against.
Motion to approve the original motion made by Council Member Mayer, seconded by Council Member Rose, to
approve Resolution 2014f05 Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax
and Revenue Certificates of Obligation, Series 2014 for various coots associated with construction of municipal
facilities and providing an effective date carried 4-2-0 with Council Member Rose, Council Member Mayer, Mayor
Pro Tern Tiffany and Mayor White, voting for and Council Member Lamont and Council Member 5hoffnervoting
against.
12. Consider and take appropriate action regarding a Resolution of the Town Council authorizing the
reimbursement of certain expenditures from the proceeds of obligations to be issued In the future, such
proceeds to be utilized for various costs associated with construction of municipal facilities.
This resolution allows the Town to be reimbursed for any costs incurred before debt is issued.
Motion made byCouncil Member Rose, seconded by Mayor Pro Tern Tiffany, to approve Resolution 2814-06
authorizing the reimbursement of certain expenditures from the proceeds of obligations to be issued in the future,
such proceeds to be utilized for various costs associated with construction of municipal facilities.
Motion carded 5-1-0 with Council Member Rose, Council Member Mayer, Council Member Lamont, and Mayor
White and Mayor Pro Tern Tiffany, voting for and Council Member Shoffner, voting against.
13. Consider and take appropriate action to approve the designation of a company as the most qualified to
provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and
authorizing the Town Manager to negotiate and execute a contract providing for a compensation
arrangement anauthorized bVstate law.
The Municipal Court Account Collection Services was not administered by alocal company that was actively
engaged in Trophy Club, The Town went out for bids and received three proposals. Staff reviewed the proposals
February 17,3014Minutes Page Scf7
and interviewed the Fort Worth -based, Linebarger Goggan Blair & Sampson, LLP, and determined they were the
most qualified court collection services.
Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve designation of
Linebarger Goggan Blair & Sampson, LLP as the most qualified to provide Professional Municipal Court Account
Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and
execute a contract providing for a compensation arrangement as authorized by state law.
Motion passed unanimously.
14. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Joint
General: and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a
three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3)
year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill
the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015);
and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales
and use tax at the rate of one-fourth of one percent (0.25) In order to continue providing revenue for
maintenance and repair of municipal streets for a specified period; providing for canvassing of returns;
providing for a runoff election as necessary; adopting provisions relative to publication and other matters
necessary to conduct the election; and providing an effective date.
A General Election will be held to elect Place #1, Place #2 and the Mayor. A Special Election will be held to elect a
candidate to fill the remaining term of Place #3, previously held by Clint Schroeder. Additionally, a proposition to
reauthorize the Street Maintenance Fund sales tax allocation will be on the ballot. The Street Maintenance
proposition is scheduled to be considered as a ballot proposition every four (4) years; however, Council can alter
the schedule to ten (10) years if so desired.
Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve Ordinance 2014-02
providing revenue for maintenance and repair of municipal streets setting the tax to expire on the 10th
anniversary of the date of this election unless it is subsequently reauthorized.
Motion passed unanimously.
15. Consider and take appropriate action regarding financial and variance report dated January 2014.
Motion made by Council Member Mayor, seconded by Mayor Pro Tem Tiffany, to approve January 2014 financial
report.
Motion passed unanimously.
16. Town Council Liaison Updates; discussion of same:
• Neighborhood meeting for the Turnberry residents - February 5th
• Citizen Financial Advisory Board - February 10th
• EDC 48 - February 10th
• Parks Board - February 11th
♦ Jeanne Buck, 2401 Lilyfield, addressed the Council expressing interest in holding neighborhood meetings with
a Council Member.
Town Council Liaisons provided an update addressed questions; no action taken, update only.
February 17, 2014 Minutes Page 6 of 7
17. Town Manager Slye's update regarding the following; discussion of same.
• Warrant Round Up — February 17th thru February 28th
• Atmos Update
• March Primary Election
o Early Voting
o Tuesday, February 18th thru Friday, February 21st Sam — 5 pm
o Saturday, February 22nd 7 am —7 pm
• Monday, February 24th thru Friday, February 28th 7 am — 7 pm
o March 4th Primary — voting 7 am — 7 pm
• Transportation Update -114/170 Project
• MUD contract for water and wastewater services for the PID
• Dino Toddler Playground & Freedom Dog Park
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
18. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings;
discussion of same.
• Elected Officials Conference
• Northwest Community Partners Meeting
• Chamber luncheon
• Transportation Town Nall Meeting
Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no
action taken, update only.
19. 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.
No changes were made to the list.
� * .
Motion made by Council Member Mayer, seconded by Council Member Rose, to adjourn. Motion carried
unaql'm-�usly. Meeting adjourneq at 9:30 p.m.
eld .9��r
Laird A
y Ard, o n Secretary Connie White, Mayor
of Trop Club, Texas Town of Trophy Club, Texas
February 17, 2014 Minutes Page 7 of 7