Minutes TC 04/03/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL Dm, TROPHY CLUB, TEXAS
Monday, April 3,2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON 5
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, April 3,
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
Beverly Foley
STAFF AND GUEST(S) PRESENT:
Roger Unger
Lisa Ramsey
Patricia Adams
Beth Ann Gregory
Adam Adams
Jim Hurley
Danny Thomas
Mike Pastor
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Acting Town Manager
Town Secretary
Town Attorney
Community Development Director
Parks and Recreation Director
Acting Police Chief
Acting Fire Chief
IS Manager
A. 1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Beth Ann Gregory led the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, 1 pledge allegiance to thee, Texas one and indivisible."
Lisa Ramsey led the pledges.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
B.l 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.
Dick Swetnam, 5 Palmetto Court - Recommended that Council consider and adopt a process to review
current job descriptions and fiscal policies, as well as procedures, to validate if current policies
meet sufficient standards for: protecting the public moneys and meeting the fiduciary obligations
of the council
Steven Kohs, 18 Overhill Drive - Congratulated the Trophy Club Explorer Post 953, who won five trophies
at the April I"', 2006 State competition.
B.2 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:
Primarv Run-Off Election
Voting will be held in the Svore Municipal Building on the following day:
Thursday, April 6th 7a - 5p
Friday, April 7th 7a - 7p
Tuesday, April 1 lth 7a - 7p
Arbor Day has been scheduled for April 81h, from 1 1 :00 to 2:OO. Adam will provide additional
information under the agenda approving the Arbor Day Proclamation.
Community Development:
Streets & Infrastructure
Minor street repairs are being made along Trophy Club Drive. Various lanes will be closed for
short periods of time while work is performed. As always residents are encouraged to slow down
and proceed with caution while workers are present in the roadway.
NISD Joint Use Task Force
The Task Force has completed their recommendations for joint use with the school district. A
meeting is scheduled with NISD on April 7th to begin working on agreements.
Finance:
Budget Workshop scheduled for Tuesday, March 28th, has been postponed.
Planning & Zoning
Zoning Submissions
DR Horton: The Planning & Zoning Commission will meet in a workshop session, April 6, 2006.
Beck Properties: Beck Properties has requested a rezone for a 1.767 acre tract of land located to
the north of the Wastewater Treatment Plant. This item is scheduled for public hearing before the
Town Council April 17.
Developer's Agreement:
The Developer's Agreement for Eagle's Ridge Phase I1 is expected to be on the Town Council's
April 17, agenda.
Police and Fire Services
Police Services
Officer Kyle Meeks was selected as the Police Officer of the Quarter in connection with activity
reported on February 27, 2006 involving a traffic stop, the arrests of both occupants, and the
seizure of a kilo of marijuana.
The Police Department has submitted the application for the second year hnding of our School
Resource Officer Grant. This grant will provide for $55,605.00. If the funding request is approved,
the funds will be made available in September.
Fire Services
The Fire Department welcomed new hire PSO Gary Sipes on March 2oth and anticipate Firefighter
Shawn Garrett to start on April 1 lth. Two vacancies were filled with these two employees and the
Department is once again, fully staffed.
B.3 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2006.
Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded.
Adam Adams explained that the forth-annual Arbor Day has been scheduled for April gth, 2006 from I 1-2
at Harmony Park. Dicky's BBQ will be serving food for $3.00, parents may register their children
for swimming lessons and children may jump free at the Bounce house.
Motion passed unanimously, without discussion.
B.4 Mayor Pro Tem Cates to provide an update on the Americans Supporting Americans program.
Mayor Pro Tem Cates thanked the Lake Cities Church for helping complete 77 of 86 boxes that were
shipped last week. Ms. Cates acknowledged several residents and staff members who contributed to the
first delivery of packages. The next shipment is scheduled for the end of April with Medlin Middle School
taking the charge. Contributions may still be made at the Town.
D.1 Discuss and take appropriate action regarding an interlocal agreement between the Town and the
Master District for payment of the costs of construction of the annex to the Svore building.
Roger Unger explained that under the initial agreement with the MUDs, the Town was to get the note for
reconstruction, while the MUDs continued to pay the Town an amount equivalent to their annual
rent in the portable buildings, until such time that the 20 year note is paid off. The MUDs have
recently raised issues with ownership of the building, and feel as though they should own the
building since it is on MUD land. Currently, the Town and MUDs are trying to work through
alternatives that will be agreeable to both.
Mayor Sanders questioned Item 2.02 Master District Obligations and Rights: MUD I shall retain
ownership of the Property as specified herein.
Roger Unger explained that Property as referenced, refers to the land. Patricia Adams added that Property
is defined in the whereas clause.
Roger Unger confirmed that the MUDs previously approved a simplified contract, which was revised by
Patricia Adams. Roger Unger also stated that the MUDs object to section: 4.01 Ownership, The
Improvements currently owned by Town shall remain under the exclusive ownership of Town and
no term or provision of this Agreement shall affect TownS right, title or interest to such
Improvements, as they wish to have some, if not all of the ownership of the improvement.
Council member Edstrom believes that since the Town took out the Certificates of Occupation, the building
is owned by the Town and the land by the MUDs.
Patricia Adams advised that it is the position of the MUD Manager and one representative from MUD 1,
that they want some ownership interest in the property. Patricia Adams commented that she tried
to explain it as more of a rental agreement, but was met with strong disagreement.
Roger Unger advised that the proposal that will be put to MUD1 is that they will have proportional
ownership up to any proportion they are willing to pay towards the Certificate of Occupation.
Mayor Sanders confirmed the consensus of Council is for Roger Unger to proceed with his suggested
proposal.
D.2 Discuss and take appropriate action regarding an interlocal agreement between the Town and the
Master District for payment of the costs of construction of the maintenance building shared by the
Water Department and the Parks and Recreation Department.
Roger Unger explained that this is an agreement with the Master District whereby the Town will repay the
Master District for 50% of the hnds expended by them to construct the maintenance/storage
facility at the wastewater treatment plant. The Land belongs to MUDI, the Master District is
fi-onting the entire cost of the building and the Town has agreed to reimburse the MUDs in form of
a note.
Council member Williams questioned 2.OIMaster District Obligations and Rights: C. The Master District
shall own af;fqpercent (50%) interest in the Building.
Patricia explained that this standard language is for joint tenancy, but will try and clarify this section.
No action taken.
D.3 Discuss and take appropriate action regarding the Unitization Agreement with Encana for the
Town's mineral interest under Harmony Park
Chuck Traxler, Land Negotiator with Encana explained that the Town owns approximately 13 acres
(Harmony Park), which is included in wells drilled from pad 7; the area subject to these wells is
322.831 acres. With a unit covering the entire Trophy Club area (1746 acres) and one
participating area, being the entire unit area the Town will receive its proportionate share of
royalty from all wells in larger area rather than royalty from wells in a pad 7-unit area. The larger
Uniflarticpating area will provide the Town the opportunity to have an interest in several more
wells.
Council member Williams questioned if analysis has been performed on what the difference would be as
opposed to participating in all of the wells.
Patricia Adams explained that Encana is going to provide information on projected income from the unit.
Matt Curey a Completion Engineer for Encana explained that income is largely dependent on gas price,
which has fluctuated over the years. The benefit would be a guaranteed continuity.
Mayor Sanders clarified if Encanca anticipated that the revenue that the Town would receive would be
equal to the revenues currently?
Chuck Traxlor answered that the Town would be better as a party of the entire unit as we would be sharing
in all production.
Council member Edstrom made a motion to approve the Unitization Agreement with Encana. Council
member Williams seconded.
Patricia added that the information received from Encana was provided to the Town's Oil and Gas lawyer,
who recommended that this would be more beneficial for the Town in the long run.
Motion passed unanimously without further discussion
D.4 Discussion and take appropriate action regarding the Purchasing Policies.
Mayor. Sanders advised that he has a series of questions.
Mayor Pro Tem Cates advised that the revisions to these policies were based on the processes that she
reviewed about seven months ago. Cates stated that the information provided in the packet did not
, explain everything that she did, she continued by listing several areas of her review, the history of
the review and provided explanations to her suggesting that were based on the results of her
review.
Council member Foley suggested that the Council take time to read the whole policy and place on a future
agenda.
Mayor Sanders pointed out a few general points: reference to the Finance Director should read as Town
Manager based on the provisions of the Town Charter, page 65, states that the Town Manager may
modzfi or improve, which could not happen, if Council approves them and expressed concern over
item 60 1, When the need arises for a single purchase of goods or services with an estimated value
in excess of $10,000, the user Department shall originate an on-line purchase order.
Council member Foley requested again, that this be placed on a future agenda.
Council member Williams requested that section 6.02 An approved Town Council Resolution is required
for all emergency purchases; provided however, that if due to exigent circumstances, the purchase
must be made and time does not allow the posting and holding of a Council meeting, the Mayor,
or the Mayor Pro Tem in the absence of the Mayor, may authorize the expenditure by providing
written permission to make the purchase, be removed as the Mayor and Mayor Pro Tem have no
authority, as an individual, but rather have to act as a council under the Charter.
Council member Edstrom advised that this provision is in the case of an emergency or a disaster.
Roger Unger questioned the resolution as referenced on page 62. Mayor Pro Tem Cates explained the need
for this to be defined, as Council should approve purchases that are exempt from competitive bids.
Dick Swetnam, 5 Palmetto Court, advised that the importance of what happened should not focus on
criticism, but rather they should be bold and aggressive in reviewing the policies and procedures,
and questioned why Mayor Pro Tem started her review.
Mayor Pro Tem responded that she started her review based on the Court issue.
Council member Foley made a motion referring this item to April 17,2006, holding a workshop prior to the
meeting and including an agenda item to take action. Mayor Pro Tem Cates seconded.
Motion passed unanimous with out further discussion.
D.5 Discuss and take appropriate action regarding the approval of an expenditure of EDC 4A funds for
pool equipment.
Council member Edstrom made a motion to approve. Council member Williams seconded.
Adam Adams explained that due to failing condition of the current pool furniture, he received three bids for
commercial pool equipment and recommend Admiral based on his research.
Motion passed unanimously without further discussion.
D.6 Discuss and take appropriate action regarding potential revisions to the Overnight Parking
Ordinance, Chapter V1, Section E, of Ordinance 2004-09
Council member Williams approved the recommendation to reduce the number of cars and increase the
permit fee. Council member Edstrom seconded.
Acting Police Chief, Jim Hurley advised that this recommendation provides some relief for those who are
most affected.
Council member Edstrom questioned how the $150.00 permit fee was determined. Jim Hurley answered
that it was determined based off of permits, citations, court, stickers and the salaries of the officers
from monitoring.
Council member Foley believes that a $150.00 renewal fee is too high, and suggested to charge $75.00 for
each vehicle.
Council member Williams agreed.
Margi Cantrell, 1105 Sunset Drive, Expressed her concern over changing this ordinance and the effects on
the community, requesting that Council stay focused on property value.
Bob Radder, 1 Lee Court - Advised that the Public Safety Advisory Group's recommendation of the PS
Advisory group was a $25.00 permit fee.
Council member Williams is against lowering the fee and questioned the concept of the 3a - 5a regulation.
Council member Williams amended his motion, directing staff to come back with a revised Ordinance that
accepts Captain Hurley's suggestions, including $1 50.00 fee for the third car, $50.00 for the fourth
car, $10.00 for the renewal fee, and leaving the citation fee as it is. The second agreed.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding the Minutes from March 28,2006.
Council member Williams made a motion to approve. Council member Edstrom seconded.
Motion passed 3:0:1, with Council member Foley abstaining.
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.
Discuss and take appropriate action regarding amendments to the restrictions on the outdoor
storage ordinance. (April 17th, 2006)
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.
Public Hearing on Horton Zoning request. (April 17th, 2006)
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.
Added:
Joint Use Task force to report back on their April 7' meeting.
Carter and Burgess has submitted a request for a public hearing the first meeting in May.
Tentatatively scheduled for May 1,2006 providing that they get through P & Z and can be referred
to Council.
Codification of ordinances. (May 1,2006)
D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 18,2006.
D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 20,2006.
Council member Edstrom made a motion to approve Items D.9 and D.lO. Mayor Pro Tem Cates seconded.
Motion passed unanimously without any discussion.
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.
Council convened into executive session at 8:45 P.M.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline
or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open
Meetings Act:
1. Appointment of a Town Manager
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
*REGULAR SESSION
Council reconvened into regular session at 952 P.M.
E.2 Discuss and take appropriate action relative to the appointment of a Town Manager and terms of
engagement.
Council member Edstrom commented that resident feedback is that they want a change and made a motion
for the Mayor and Human Resources Manager to enter into contract negotiations with Brandon Emmons.
Mayor Pro Tem Cates seconded.
Council member Williams disagrees and feels that Roger Unger is the best candidate for this position.
Williams added that citizens should realize by bringing in someone new, it is going to cost approximately
$140,000.
Mayor Pro Tem Cates suggested that bringing in someone new will build confidence back in the
community.
Council member Foley supports Roger, and believes that he is the best and most knowledgeable candidate
for the position.
Mayor Sanders said that he does not doubt Roger's loyalty to the Town and that he has come to respect
him, however he believes that because of the issues that have happened over the past year, citizens don't
trust the town.
Motion tied 2:2. Cates and Edstrom for, Williams and Foley against.
Motion passed 3:2 on the second vote with Mayor Sanders voting for.
F.l Adjourn.
Council member Edstrom moved to adjourn. Council member Williams seconded.
Meeting adjourned at 10:04 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.55 1.071
Town of Trophy Club
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Mayor C. Nick Sanders
Town of Trophy Club