Minutes TC 04/17/2006MINUTES OF WORKSHOP AND REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 17,2006
6:30 P.M.
STATE OF TEXAS 5
COUNTY OF DENTON Q
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, April 17, 2006. The meeting
was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Pam Cates
Roger Williams
Susan Edstrom
TOWN COUNCIL MEMBERS ABSENT:
Beverly Fole y
STAFF AND GUEST(S) PRESENT:
Roger Unger
Lisa Ramsey
Patricia Adams
Beth Ann Gregory
Jim Hurley
Danny Thomas
Kerin Fleck
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Interim Town Manager
Town Secretary
Town Attorney
Community Development Director
Police Captain
Fire Captain
Planning Coordinator
A. 1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 6:5 1 p.m. noting a quorum was present.
A.2 Invocation.
Mayor Sanders gave the invocation.
A.3 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 and indivisible."
Council member Williams led the pledges
B.l Town Council Workshop to discuss revisions to the Purchasing Policies.
Workshop started at 6:53
The following sections were discussed:
Section 1.03 - Changed "should" to shall.
Section 4.01 - Strike "or" and replace after Electricity from the last bullet.
Interim Town Manager, Roger Unger asked if the following bullet meant that we are held to competitive bid until such time
that Town Council can be and approve a Resolution, assuming that we still have a forum of the Town Council, after such
calamity. 1
"Those made in case of public calamity, where it is necessary to act immediately to appropriate money to relieve the
necessity of the Town's residents or to protect or to preserve Town property and for which Town Council has approved a
Resolution authorizing the expenditure.. ."
Council member Edstrom asked if this Resolution was going to be done in connection with the revisions of the Procurement
Policies.
Town Attorney, Patricia Adams explained that this was added to specify those situations where exceptions would require a
Council Resolution and that it could be a ratifying Resolution. Patricia Adams continued that the Resolution would more
likely be in accordance with the Town Emergency Management Program, which we recently realized needs to be updated as
well.
Changed authorizing to ratifying, twice in the first bullet and once in the second under section 4.01.
Section 5.00 - Strike Finance Director and replace with Town Manager or designee. Strike the last bullet in 5.03 and the
Mayor or Mayor Pro Tem from section 5.04.
Mayor Pro Tem questioned the description of Personal Travel Expense in 5.03. Changed Credit Card to Procurement Card
and struck the last two sentences of the first bullet. Added another bullet, "Employees must include all expenses incurred,
receipts and documents in accordance with IRS Codes."
Section 6.02 - Added, "The Town Manager or designee can make a decision and bring a ratifying resolution to the next
Council meeting." (Reference Emergency Management Procedures)
Section 12.01 - Changed "Finance Director" to Town Manager or designee.
Added the eight bullets (violations), from 2. Purchasing Card Maintenance and Closure, page 7 of the Cardholder User Guide to a
formal letter for the employee to sign and to be kept in their Personnel File.
Workshop ended at 7:35
B.2 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.
Jackie Stephens - 336 Inverness Drive - Updated the Council of the agenda for the April 2lSL, Meet the Candidates Forum.
Ms. Stephens also expressed her gratitude and appreciation to the Police and Fire Services for their support and help with the
car accident she was involved in on March 18".
B.3 Town Manager Report and Discussion Regarding Project Updates as Listed Below: 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.
Administration:
Voting for Mav Election
Early Voting will be held in the Public Service Conference Room:
May 1-May9 8:00 a.m.-5:00 p.m. (Monday-Friday)
May 3 and May 8 7:00 a.m.-7:00 p.m.
May 6 Saturday 8:00 a.m. - 12:OO p.m.
Election Day Voting will be held in the MUD Board Room on:
May 131h 7:00 a.m.-7:00 p.m.
June 2006 Expirations for Boards and Commissions
Applications are being accepted for Economic Development Corporation A, Economic Development Corporation B,
Planning and Zoning Commission, Tree Board and Zoning Board of Adjustment. Applications and required
supplements can be downloaded from our website at: www.ci.trophvclub.tx.us, or obtained at the Town Offices.
Inquiries or questions should be directed to Lisa Ramsey, Town Secretary at 682-831-4601or
lramsev@ci.tro~hvclub.tx.us. The deadline for submission is May 12" by 5:00 p.m.
Community Development:
Streets & Infrastructure
Street Maintenance - Minor maintenance will continue this week on Trophy Club Drive including the intersection at
Trophy Lake Drive. Various lanes will be closed during the day for a few hours at a time. Residents are encouraged
to be especially cautious while workers are present in the roadway.
Storm Drain Maintenance - Maintenance and repairs will begin in May on the storm drain infrastructure on
Inverness north of Indian Creek. The repairs will take approximately 90 days and the roadway will remain open
throughout. Letters of notification will be sent out via mail to the affected residents this week.
Code Enforcement
Signs - As the May 13th election approaches, we want to remind residents that one political sign per candidate is
allowed on each residential property. Multiple signs are allowed on commercial property, but individual candidates
may place their signs no closer than 25 feet apart. Signs are prohibited on public property, which includes right-of-
ways and medians.
Finance:
Town preliminary evaluation increased by 36.6 million dollars year to year.
Parks and Recreation:
Fourth of July Advisorv Group
Given that the 4th of July is the largest event that the Town holds, staff is looking for a greater amount of public
input and involvement in the operations of this event. If you are interested in serving on a Fourth of July Advisory
Group, please contact Adam Adams by April 28th, 2006. Currently 5 residents have expressed interest.
P & R will be spraying the medians this week, and will begin flower planting late this weeklearly next week.
P & R will also be spraying the Asian Jasmine along Indian Creek with herbicide, and replacing it next week with
sod that was donated.
Planning & Zoning
DR-Horton
Planning & Zoning Commission will conduct a public hearing on Thursday, April 20, 2006 at 7:00 pm.
B.4 Discuss and take appropriate action regarding a Proclamation declaring May 4th, 2006 as Day of Prayer in Trophy
Club to coincide with the National Day of Prayer.
Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded.
Mayor Sanders read the Proclamation and invited residents to come and observe the NDP, which will be held on May 4,2006
at noon, at the Clock Tower. In case of rain, it will be moved to the Lake Cities Church.
Motion passed unanimously.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:47P.M.
PUBLIC HEARING
C. 1 Public Hearing:
Consider:
A request for Replat of lots 1353-R and 1354 of Section Eleven, more particularly described as 31 Meadowbrook
Lane and 33 Meadowbrook Lane. Applicant: Anton Merieter (RP-06-004)
Planning and Zoning Coordinator, Kerin Fleck advised the Council that The property of owner of lot 1354 (33 Meadowbrook
Lane) is seeking a Replat in order to gain an additional 60'x83' area directly off their rear yard. This small portion of land
currently is part of lot 1353 - R (31 Meadowbrook Lane).
Mayor Sanders recognized Tom Vogt with Vogt Surveying.
C.2 Public Hearing:
Consider:
A zone change request for an approximate 1.767 acre tract of land located generally to the north of the Municipal
Utility District Wastewater Treatment Plan Facility and south of the Town's northeastern city limit, and being part of
the Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR -Commercial
Recreation. Applicant: Beck Properties. (ZCA.06.009)
Kerin Fleck advised that this request is for zone change of an approximate 1.767 acre tract of land located generally to the
north of the Municipal Utility District Wastewater Treatment Plant Facility and south of the Town's northeastern city limit,
and being part of the Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR
Commercial Recreation.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 7:51 P.M
"REGULAR SESSION
D. 1 Discuss and take appropriate action regarding C. 1.
Council member Williams made a motion to approve. Council member Edstrom seconded.
Motion passed unanimously.
D.2 Discuss and take appropriate action regarding C.2.
Council member Williams made a motion to approve. Council member Edstrom seconded.
Motion passed unanimously.
D.3 Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer
Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates.
Roger Unger stated this is an increase in the franchise fee for residential user from $1.01 to $1.03 per month and is styled in a
manner that if we take no action, increase occurs automatically, to decline increase, action would need to be taken.
Council member Williams commented that this is an increase in citizen taxes.
Item died for lack of a motion.
D.4 Receive an update from the NISD Joint Use Task Force and discuss same.
Community Development Director, Beth Ann Gregory, reported that the Task Force has met a number of times and has had
very positive discussions regarding Northwest Resources, Field Irrigation and Local Resources Potentially Available for Joint
Use. Beth Ann Gregory stated that the district would keep our ideas in mind as they begin their planning and design process
for the new school and based on a fall of 2009 opening, the district would like to begin working on formal joint use
agreements in the spring of 2007.
D.5 Discuss and take appropriate action regarding the reconfiguration of Police and Fire Chief positions.
Roger Unger informed the Council that the MUDs had substantial discussion regarding the reconfiguration of this position at
the April 13' Master District meeting. Roger Unger continued that the MUDs attorneys are reviewing the agreement where
the MUDS contracted with the Town to provide fire protection, agreeing to fund and use their ability to levy a fire tax on
MUD1 and MUD2. Roger Unger suggested that the Council postpone posting for these positions until the MUDs have time
to review the financials involved in reconfiguring this position, the financials will be forwarded to both the Town Council
and Master District.
Mayor Sanders recognized Captain Jim Hurley acknowledging his resignation and last day of April 21''. The Mayor thanked
Captain Hurley for his dedication and service and wished him well with his new position.
Roger Unger confirmed that Captain Thomas will continue to hnction in the capacity of Acting Fire Chief and expressed his
confidence in Captain Thomas' ability to keep the Fire Department up and running. Roger Unger concluded that there are a
couple of options for staffing the Police Department in the interim pending.
Mayor Sanders clarified that this item does not require any action and was included only as an update.
D.6 Discuss and take appropriate action to approve financials dated March, 2006.
Council member Williams questioned why the year to date the trash revenue is currently 40% of budget and not at 50%.
Roger Unger responded that we run one month behind on collections so will be close to 50% once the next month comes in.
Williams asked about the $6,600 of waste income and the $3,500 of Special Events revenue. Roger Unger responded that the
$6,600 is from Nextel as the contract specified that whether or not the tower was built they would begin paying rent in
February and that the $3,500 is from Christmas coming in late.
Williams asked why we are already over the 100% on EMS independent labor. Roger Under explained that this was due to
us being short staffed and that with the recent hiring of two employees, this should be offsetting.
Williams also requested a report on unemployment and Worker's Comp taxes. Roger Unger reported that we budgeted
$63,218 for Worker's Comp and have paid $60,542, we budgeted $1 1,588 for Unemployment Taxes and have paid $1 1,595.
Williams questions the Police Budget, ytd for training we are at 24%, but are at 105% for travel and per diem. Roger Unger
explained that the overage in the travel and per diem was for a seminar that Director Briggs attended in September that did
not hit until October 2005, which the auditors did not want to move back.
Williams advised that we paying a lot for property maintenance in the Parks. Roger Unger advised that we are occurring
expenses in our general fund budget and then with EDCs approval, transferring the funds from them.
Mayor Sanders clarified that on page 4, engineering item of $1 1,783 was not budgeted but is the Storm Sewer on Inverness.
Mayor Sander also commented that on page 12 under police, building maintenance is over budgeted and suggested that we
prepare ourselves to deal with air conditioning problems and roof leak problems that have not been solved. Roger Unger
explained that we are still trying to resolve roof leak problems and think that we have the issue identified. Roger Unger also !
commented to the antiquated air conditioning system that seems to break a lot, expressing that he will be satisfied if we only
spend another 5,000 on repairs for it.
Mayor Pro Tem Cates commented that it is ok for line item totals to go over, but that the over all budget needs to be inline.
Williams asked for Roger Unger's projection regarding Administration and' the personnel salary budget. Roger Unger
answered that should be close even with the addition of the Town Manager salary.
Council member Williams made a motion to approve. Mayor Pro Tem Cates seconded.
Motion passed unanimously.
Mayor Sanders called the Council's attention to D.3, stating that Patricia Adams has informed him that if Council does not
take action, the increase would go into affect automatically, questioning if Council had misunderstood this as well.
Mayor Sanders placed item D.3 before Council:
Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer
Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates.
Council member Williams made a motion not passing an increase. Mayor Pro Tem Cates seconded.
Motion passed unanimously.
D.7 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services.
No action taken.
D.8 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase 11.
Discuss and take appropriate action regarding joint participation with area cities in an engineering study to evaluate
the feasibility of contracting with an additional wholesale water supplier.
Carter and Burgess has submitted a request for a public hearing the first meeting in May: Tentatively scheduled for
May 1,2006 providing that they get through P & Z and can be referred to Council.
Codification of ordinances. (May 1,2006)
Amendments to Overnight Parking section of Ordinance 2005-26. (May 1,2006)
New items added:
Consideration of Outside Storage Ordinance. (May 1) Mayor Sanders requested that information and if the ordinance is
ready prior to the meeting, that we have a link to it on the website.
D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated April 3,2006.
Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded.
Motion passed unanimously
All matters listed as Consent Aoenda 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.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:21 P.M.
EXECUTIVE SESSION
E.l Pursuant to Section 551.074(a)(l) of the Texas Open Meetings Act, Town Council will convene into Executive
Session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee:
1. Appointment of Town Manager Brandon Emmons and terms of engagement.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 8:35P.M.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to terms of engagement and proposed contract with Town Manager
Brandon Emmons
Council member Edstrom made a motion to approve the employment agreement with Brandon Emrnons. Mayor Pro Tem
Cates seconded.
Mayor Sanders commented that due to the following modifications; the addition of "approved by Town Council" was added
to the end of Section 3.01 and that the word "Contract" was changed to Agreement in section 3.03. Mayor Sanders continued
that Brandon Emmons will start as Town Manager on June 1, 2006, with a two year agreement, that the agreement have a
termination and salary adjustment clause.
Council member Williams moved the modifications as suggested by Mayor Sanders. Council member Edstrom seconded.
Motion to approve the modifications passed unanimously.
Motion to pass the employment agreement passed unanimously.
F.l Adjourn.
Council member Williams made a motion to adjourn. Mayor Pro Tem Cates seconded.
Meeting adjourned at 8:40 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act,
LGC.55 1.07 1
Town of Trophy Club
Mayor Nick Sanders
Town of Trophy Club