Minutes TC 12/18/2006MINUTES OF WORK SESSlONlPUBLlC HEARING AND REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 18,2006
6:30 P.M.
STATE OF TEXAS 8
COUNTY OF DENTON 8
The Town Council of the Town of Trophy Club, Texas, met in a Work SessionIPublic Hearing and
Regular Session on Monday, December 18, 2006. The meeting was held within the boundaries
of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Roger Williams
Pam Cates
Susan Edstrom
Philip Sterling
Gregory Lamont
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Sakura Moten-Dedrick
Lisa Ramsey
Patricia Adams
Scott Kniffen
Danny Thomas
Mike Pastor
Kerin Fleck
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Finance Director
Town Secretary
Town Attorney
Police Chief
Fire Chief
IS Manager
Planning Coordinator
A.l Mayor Sanders called the meeting to order at 6:30 p.m. noting a quorum was present.
Mayor Sanders announced that lrma Thomas' father passed away on Friday. Jim and lrma have
been long time residents and Jim serves as a Director on the MUD Board.
A.2 Work Session: Discuss and review items posted to the December 18, 2006 Agenda,
including but not limited to Item D. 7.
Brandon Emmons pointed out the following clerical corrections needed in the Handbook for
Elected and Appointed Officials; delete the duplicate and a Town Staff liaison from the last
paragraph under Introduction, omit Channel 7 from the cable's public information under Posting
Requirements, change the #1 to a bullet under Effective Meetings and correct the typo under
Statement of Purpose by separating Clubare. As requested by Council a section regarding Code
of Ethics and Conduct was added, including a process for a formal complaint to be submitted
when a violation of the handbook is suspected.
Council member Lamont felt the time requirement as referenced under Procedure for
Enforcement was too vague. Mayor Sanders suggested that approximate time of day be
inserted.
Council member Lamont was concerned the language under Procedure for Enforcement, implies
no action will be taken for a complaint that does not meet all of the requirements. Council agreed
until such time the Town Secretary can determine that the complaint meets the requirements of
this section could be added to the end of the following; Alternatively, if the complaint does not
meet all of the requirements set forth in the preceding paragraph, then the Town Secretary shall
notify the Complainant in writing of the nature of the deficiency and no further action by the Town
Secretary or Council shall be necessary."
Mayor Pro Tem Williams suggested Advisory Group be included every time Committee and
Board is mentioned and confirmed the Council's consensus that the acknowledgement forms be
returned within 30 days.
Town Manager Emmons said the Rules of Procedure will not be retroactive; any violations prior to
the effective date are unenforceable.
Town Manager Emmons called Council's attention to ltem D.7, because of the time line, the
Resolution includes two dates for a Public Hearing, which requires a special called session on
1/29. This will result in meetings on 1/22, 1/29 and 215. The only item on 1/29 will be the Public
Hearing and no action will be taken, however, we will still need to have a quorum. Emmons
updated that Staff has notified the property owners of the intent to annex.
Mayor Pro Tem Williams questioned if the Town has to put any money for ltem D.5 and if we are
moving too fast. Town Manager Emmons advised that no funds were required at this time; any
associated costs will be brought before Council at that time. Emmons commented that going too
fast is relative considering the project is of this magnitude. Mayor Sanders added that the Master
District expressed concern this is moving too fast and it was suggested that we should wait until
Fort Worth lets us know there is a problem. Sanders spoke to the validity of Westlake wanting
the water and said we should try and negotiate a lower rate.
Workshop concluded at 6:55 p.m. Mayor Sanders called a 3 Minute recess.
Town Council reconvened into Regular Session at 7:00 p.m.
A.3 Mayor Sanders gave the Invocation.
A.4 Council member Lamont led the Pledges.
A.5 Citizen presentations.
Mayor Sanders explained the way for a citizen to sign up to address the Council is to complete
the Speaker Registration Form in its entirety, indicating the subject and checking whether they
are for or against.
Pauline Twomey, 203 Oakmont Drive - Spoke to Council member's Lamont comments at the
December 14, 2006, MUD Master District meeting.
Sanders made a statement encouraging citizens and Town Officials to use the Public Forum and
meetings as designed and prescribed in the policies.
A.6 Discuss and take appropriate action regarding a Proclamation congratulating NlSD
Cheerleading Squad for their First Place Win in the Grapevine NCA Spirit Competition
and wishing them luck competing in the Nationals.
Motion made by Edstrom, seconded by Cates to approve the Proclamation.
Mayor Sanders read the Proclamation and members of the Cheerleading Squad introduced
themselves.
Motion passed unanimously.
A.7 Discuss and take appropriate action regarding a Proclamation congratulating Medlin
Middle School for being named among the top 574 public schools in Texas.
Mayor Sanders read the Proclamation and introduced Medlin Principal Robin Ellis.
Motion made by Williams, seconded by Edstrom to approve the Proclamation.
Robin Ellis thanked the Town for allowing their students to participate in fund raising events and
commended Fire Chief Thomas and SRO Mike Conklin for being wonderful resources.
Motion passed unanimously.
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 member Edstrom removed ltem 8.1
Council member Cates removed ltem 8.2.
Motion made by Williams, seconded by Edstrom to approve the Consent Agenda, ltem 8.3 and
8.4.
Motion passed unanimously without further discussion
8.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
November 20,2006.
Council member Edstrom made a motion to amend "P & R Board Chairperson, Pauline Twomey
recommended" to "P & R Board Chairperson, Pauline Twomey provided the recommendation of
the Parks and Recreation Board, " seconded by Sterling.
Council member Sterling requested that his comments under ltem D.12 be changed from also
appreciates to would appreciate. Council member Edstrom agreed to the change.
Motion passed unanimously.
8.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
December 4,2006.
Council member Cates made a motion requesting that her comments under D.2 be changed to
and the proceeds be used to purchase the appropriate necessary parkland from other
entities, Lamont seconded.
Motion passed unanimously.
8.3 Consent agenda: Discuss and take appropriate action regarding an Ordinance amending
Chapter 7 of the Code of Ordinances entitled "Municipal Court " by repealing Article I,
Section 1.05 entitled "Appointment of Clerk and Article II, Section 2.01 entitled
"Appointments" and adopting a new Section 1.05 to provide for the appointment of a
Municipal Court Clerk and Deputy Clerks and a new Section 2.01 to re-appoint and
extend the term of the current Presiding and Alternate Judges to January, 2009.
8.4 Consent Agenda: Discuss and take appropriate action regarding a Resolution directing
publication of notice of intention to issue combination Tax and Revenue Certificates of
Obligation Series 2007 for Harmony Park reconstruction and improvement loan with the
payments beirlg funded by EDC 4A; and authorizing the execution of all necessary
documents.
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
C.l Public Hearing: Consider a request for Site Plan approval for an approximate 1.0582 acre
tract of land known as the Golf Maintenance Facility, located directly to the east of the
Wastewater Treatment Plant and south of the Town's northeastern city limit. Applicant:
George H. Ballans, GHB Enterprises, authorized agent for Beck Properties. (SP-06-007)
Public Hearing Opened at 7:25 p.m.
Planning and Zoning Chairman, Gene Hill provided The Trophy Club Country Club is planning to
relocate its maintenance facility. The facility is currently located within the Waters Edge zoning
district, and as development nears, the site must be moved. Due to the use of the property, a site
directly abutting the Treatment Plant to the east was selected for the new maintenance facility
location. The applicant is not proposing public use, access will be limited to that of club
maintenance personnel and will be generally unnoticeable from current and future public areas.
ZBA approved the variance request on December 5.
On December 7, the Planning and Zoning Commission, by a vote of 5 - 0 (2 absent),
recommends the Town Council approve approval for an approximate 1.0582 acre tract of land
known as the Golf Maintenance Facility.
No one addressed council.
Public Hearing Closed at 7:29 p.m.
TOWN COUNCIL RECONVENE INTO REGULAR SESSION
'REGULAR SESSION
D.l Discuss and take appropriate action relative to a request for Site Plan approval for an
approximate 1.0582 acre tract of land known as the Golf Maintenance Facility, located
directly to the east of the Wastewater Treatment Plant and south of the Town's
northeastern city limit. Applicant: George H. Ballans, GHB Enterprises, authorized agent
for Beck Properties. (SP-06-007)
Motion made by Sterling, seconded by Williams to approve.
Mayor Pro Tem Williams commented there should be little discussion considering ZBA approved
all of the changes.
Motion passed unanimously without any discussion.
Mayor Sanders requested Item D.3 come before D.2. Council did not object.
D.2 Discuss and take appropriate action regarding a request for Preliminary Plat approval for
an approximate 449.868 acre tract of land legally described as R. Allen Survey, Abstract
No. 5; T. Allen Survey, Abstract No. 7; T. Allen Survey, Abstract No. 8; R. Allen Survey,
Abstract No. 17; T. Calloway Survey Abstract No. 272; J. Henry Survey, Abstract No. 529
and J. Michael Survey, Abstract No. 820, known as The Highlands at Trophy Club,
Neighborhoods 1, 2, 5, 6 & 7. Applicant: Carter & Burgess authorized agent of 831
Trophy, L. P. (PP-06-007)
Gene Hill Planning & Zoning Commission unanimously approved the Preliminary Plat at their
December 7, 2006 meeting, contingent on the above items to be reviewed by staff and the Town
Engineer prior to the Town Council Meeting. Mr. Hill advised the initial Preliminary Plat of PD-27,
The Highlands at Trophy Club was submitted to Town Staff on October 9, 2006 by Carter &
Burgess, Inc., the EngineerlLand Planner representing OwnerIDeveloper Mehrdad Moayedi.
Review comments from Town Staff and Town Engineer Teague, Nall & Perkins were forwarded
to Carter & Burgess on November 3, 2006. Carter & Burgess addressed the Town's comments
and resubmitted the Preliminary Plat on November 17, 2006.
The Preliminary Plat with Staff comments on the second submission were brought before the
Planning and Zoning Commission in Regular Session on December 7, 2006. Mr. Jim Weigert of
Carter & Burgess was present to represent the developer, and Mr. Tom Rutledge of Teague, Nall
& Perkins was present to advise the Commission on behalf of the Town. As additional
information, Mr. Hill provided Preliminary Plats for Neighborhoods 3, 4, and 9 are currently being
reviewed by Town Staff and Engineering and will be on P&Z's schedule in January 2007. These
neighborhoods are to include 359 lots of 10,000sf and larger. With the additional lots, the
development's lot size ratios would be approximately 43.2% lots of less than 10,000sf and 56.8%
lots 10,000sf and larger.
On December 7, the Planning & Zoning Commission reviewed and discussed the Preliminary Plat
comments. The Commission determined several of the items were resolved by addition of notes
to the proper sheet exhibits. Discussion indicated that items concerning Sanitary Sewer Inverted
Siphons, right-of-way width of Marshall Creek Road West, preliminary drainage issues, and
offsite traffic mitigation are to be resolved in the Final Plat process.
Mr. Hill concluded the Planning and Zoning Commission comments, by a vote of 5 - 0 (2 absent),
recommends the Town Council approve the request for a Preliminary Plat of The Highlands at
Trophy Club, Neighborhoods 1, 2, 5, 6, and 7.
Town Manager Emmons thanked P & Z, the Town Engineer and Planner and staff for their
review. Emmons is confident the plat will meet the guidelines. Planning and Zoning Coordinator,
Kerin Fleck added since the Planning & Zoning Commission took action a revised plan has been
received, the Town Engineer has reviewed and the revisions are in line.
Motion made by Edstrom, seconded by Williams to approve.
Council member Lamont questioned the reduction of homes from the December 7th packet. IVls.
Fleck advised those were incorrect numbers that were from the April version.
Mayor Pro Tem Williams looks forward to the final plat with the real detail.
Council member Sterling thanked Chairman Hill for attending and presenting the two items.
Chairman Hill commented that there are 1,270 lots not including neighborhood 8.
Mayor Sanders advised that due to comments from Council members and MUD Directors
Centurion is exploring the possibility of turning neighborhood 8 into an active adult community.
Ms. Fleck introduced Town Planner, Tom Alves.
Mayor Sanders is concerned about adequate review time considering the large plat. Both Tom
Rutledge from Teague, Nall and Perkins and Tom Alves confirmed they have had sufficient time
to review. Sanders referred to plan sheet P4 and commented that neighborhood 7 has very deep
lots and the home sites were fairly close to the Gas Well. Sanders recognized the Developer's
right to name the streets and formally requested they work with the property owners, builders and
staff on street naming that would follow the long time history of our golf course community.
Council member Sterling asked about a fencing or screening structure around the gas well sites.
Mayor Sanders responded the Town's Zoning Ordinance covers this as 8 feet masonry and wood
requirements.
Council member Lamont questioned if the final plat will address the road. Town Manager
Emmons advised that staff is working with engineers to develop this road.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Interlocal Memorandum of
Understanding with the Texas Department of Public Safety for the use of office space at
the DPS building; and authorizing the Mayor or his designee to execute necessary
documents.
Motion made by Edstrom, seconded by Lamont to approve.
Sergeant Clair Barnes of the Texas Highway Patrol was present and spoke on behalf of Captain
Latham stating the department enjoys being housed here in the Town and the Town's
cooperation.
Mayor Sanders appreciates the DPS presence as it helps the safety ;n our Town.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding a License Agreement with American
Society of Composers, Authors and Publishers ("Society"), ASCAP.
Town Manager Emmons explained the Town should be licensed by ASCAP when playing music
in a public setting. This includes special events such as 41h of July and Christmas and has been
expanded to cover background music played at a public setting such as from a radio or CD.
Emmons confirmed this would be the first year.
Mayor Sanders questioned the background music on the Channel 7 broadcast. Council member
Sterling does not believe this agreement covers Channel 7 broadcast as music is not played in a
continuous stream. Sanders added a different type of licensing may be necessary for the
Channel 7 broadcast.
Motion made by Edstrom, seconded by Cates to approve.
Council member Lamont questioned if the 41h of July and Arbor Day events are considered
special events.
Council member Sterling moved to refer to the January 81h meeting, requesting clarification on the
licensing of Channel 7. Motion to refer died for lack of a second.
Mayor Pro Tem Williams questioned who regulates this. Mayor Sanders explained that is policed
by each entity. Council member Sterling added the fines are steep if you get caught playing
music without a license.
Mayor Pro Tem Williams requested staff research the areas in question and report back at the
next meeting.
Council member Edstrom suggested that they approve tonight and then take action on the other
issues if necessary.
Mayor Sanders questioned Town Manager Emmons about delaying until the research is
complete. Town Manager Emmons does not believe there is a sense of urgency with this item
and feels the interpretations of the exclusion listed under 1 (A)(ii) will increase the fees suggested
entering into the agreement which can be amended at a later date if necessary.
Motion passed 4:1, with Sterling voting against.
D.5 Discuss and take appropriate action regarding a Resolution authorizing the Town
Manager to initiate a formal request to the Upper Trinity Regional Water District to begin
discussions regarding a second water supply for the Town.
Town Manager Emmons provided Upper Trinity is a water district composed of 25 municipalities
in the North Texas area, primarily in Denton County. The water district is owned and operated by
the Board of Directors which are chosen from the participating municipalities. In order for the
Town to join or be provided water from Upper Trinity, the Council has to take formal action
approving the initiation of negotiations. The Town of Westlake Board of Aldermen passed this
Resolution on December 11, 2006. Emmons pointed out Section 2 should read "That the Town
Manager is further directed to continue the Town's partnership with the Town of Westlake."
Emmons advised this Resolution will not affect the budget, no additional fund will be expended at
this time and he will come before Council at the point funds are needed.
Mayor Sanders questioned how long it will actually take to get water to the Town. Town Manager
Emmons estimated construction time to last two and half years. It is unknown how long it will
take to secure permits to cross CORP property; best case scenario, two years from the time we
begin discussion to end of construction upwards of four or more years.
Mayor Sanders commented that Centurion agreed to provide an additional elevated storage
facility. In essence, Centurion is willing to put in the financial dollars to build the elevated storage
in the PID. The Highlands did not ask for annexation into the MUDs and the Town is forced to
find the best way to accomplish this. One option would be to apply the cost of the bond package
in Upper Trinity which would make the water rate less than the MUD rates.
Mayor Sanders asked the price the MUDs pay for water from Fort Worth compared to the raw
price from Upper Trinity. Town Manager Emmons answered Fort Worth's cost without bonding is
eleven cents more than Trinity.
Motion made by Edstrom, seconded by Cates to approve.
Council member Lamont has talked to the developer working on the development off of 135W who
lives in the area who favors Fort Worth and encouraged the Mayor to call the Mayor of Northlake
to discuss.
Council member Cates questioned future infrastructure and the demands it places on Fort Worth.
Mayor Sanders explained the MUDs have addressed this issue.
Council member Sterling asked about Roanoke's interest. Town Manager Emmons explained
Roanoke uses Fort Worth and wells and are not interested. Sterling commented the Whereas
clause that states that the Town of Trophy Club currently purchases 100 percent of the Town's
drinking water supply from the City of Fort Worth is not entirely true. Town Manager Emmons
agreed and corrected the Whereas Clause to read, 100% of the purchased water comes from
Fort Worth and the Town is grateful to be a Fort Worth wholesale water customer.
Edstrom amended the motion to include the changes to the Whereas Clause, the second agreed.
Motion passed unanimously as modified.
D.6 Discuss and take appropriate action regarding a Resolution repealing Resolution No.
2001-01 adopting a Board, Commission and Committees Handbook and adopting a new
Municipality of Trophy Club Handbook for Elected and Appointed Officials.
Motion made by Sterling, seconded by Williams to approve.
Council member Cates requested Council move into Executive Session for legal advice relative to
free speech issues and the legality of the restrictions. Town Attorney, Patricia Adams confirmed
in the past Council has moved into Executive Session at the request of a Council member.
Town Council convened into Executive Session at 8:32 p.m.
Town Council reconvened into Regular Session at 9:04 p.m.
Council member Sterling amended the motion to include all changes suggested in the Pre-
Council workshop, the second agreed.
Council member Lamont questioned the appropriateness for a member to initiate an individual
investigation as referenced under Adequate advance preparation for meetings and the difference
between research and an investigation. Mayor Sanders clarified that this section applies to a
Council member or Board member soliciting information from a vendor. Council member Cates
expressed concern due to time constraints; sometimes it is necessary for a Council member to
initiate questions or fact finding research.
Motion amended by Mayor Pro Tem Williams, seconded by Lamont to delete the sentence
However, it is inappropriate for a member to initiate an "individual investigation" of an issue such
as intenliewing an applicant.
Council member Edstrom and Sterling were not in favor of changing this section.
Motion to amend striking the sentence carried 3:2, with Edstrom and Sterling voting against.
Motion made by Cates, seconded Lamont to delete the entire section under Adequate advance
preparation for meetings.
Motion to strike the entire paragraph titled Adequate advance preparation for meetings, passed
unanimously.
Council member Edstrom feels it is sad that we have to have a handbook regulating how we
speak and would like to ensure residents of their ability to address the Council in a manner that is
appropriate.
Council member Lamont pointed out the clerical issue under #15, the last sentence should read
ability of staff not to staff.
Both the mover and second agreed to this correction and to approve with all corrections noted
during the workshop session.
Motion made by Sterling, seconded by Cates to refer to the next meeting, incorporating all the
changes.
Council member Sterling would like to wait to approve until all corrections have been made.
Council member Cates agreed and would like to see the Handbook in its entirety. Mayor
Pro Tem Williams and Council member Edstrom do not think that there are that many
changes and believe that this has been ongoing for too long. If necessary, additional
clerical errors can be corrected and submitted under the Consent Agenda.
Motion to refer failed 2:3 with Lamont, Williams and Edstrom voting against.
Motion to amend made by Williams, seconded by Lamont to change Section 3 of the Resolution
to become effective thirty days after passing.
Both mover and second agreed to make the effective date February 1, 2007.
Motion to amend passed unanimously.
Main motion with corrections as amended twice passed unanimously without further discussion.
D.7 Discuss and take appropriate action regardirlg a Resolution calling for and setting the
dates, time and place for two Public Hearings for the proposed annexation of an
approximate 21.1346 acres in the M. Medlin' Survey, A-832 and directing the publication
of public hearings as required by law.
Town Manager Emmons explained the law requires Council to pass a Resolution directing the
publication of public hearings calling for and setting the dates, time and place for two Public
Hearings for the proposed annexation of an approximate 21.1 346 acres in the M. Medlin Survey,
A-832.
Motion made by Williarns, seconded by Edstrom to approve
Motion passed unanimously without further discussion
D.8 Discuss and take appropriate action regarding an Investment Banking Agreement with
Banc of America Securities to provide underwriting and related banking services for the
Public Improvement District Bonds related to the Highlands at Trophy Club.
Town Manager Emmons requested this item be referred until a later date. Emmons has
forwarded this document to Dan Almon, Financial Advisor at South West Securities with a few
questions he would like answered prior to presenting to Council.
Motion made by Edstrom, seconded by Lamont to refer to a future date
Motion passed unanimously without any discussion.
D.9 Discuss and take appropriate action regarding a proposal by Beck Properties to resolve
disputed park land dedication matters, release of claims, proposed "charitable dedication"
by Beck Properties and matters related to the parkland dedication dispute and its
resolution.
Town Manager Emmons recalled Council's direction from the December 4Ih meeting requesting
he negotiate with Beck to determine how much park land Beck believes is still owed to the Town
and how to accomplish as a charitable dedication as proposed by Beck. After several
discussions, Beck taking a firm stance, requesting the Town signs a 20-80 form.
Motion made by Williams, seconded by Cates to approve.
Council member Cates questioned how the value was determined. Town Manager Emmons
explained value for parkland is set by the Town Council every year, based on a per acre price for
undeveloped land in Trophy Club. This land is based on the value set in 1998. The
calculations are based on the value as then compared to the appraised value today.
Council member Edstrom requested Council move into Executive Session for legal advice relative
to the Beck settlement proposal.
Town Council convened into Executive Session at 9:44 p.m.
Town Council reconvened into Regular Session at 9:58 p.m.
Council member Sterling requested the negotiations include Beck moving forward on the
development of the 26 acres at the front of the Town.
Williams amended his motion granting the Town Manager and Town Attorney the ability to accept
the offer, treat as a charitable contribution and to work out the agreement with the following
guidelines; clearly stating they are platted areas, indemnifying the Town, tying to the October 24,
2005 letter from Roger Unger, delineating the property they will accept and omitting the MUD
item. The second agreed.
Council member Edstrom requested staff be very diligent making sure all is correct.
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action to approve financials dated October 2006.
Motion made by Edstrom, seconded by Williams to approve.
Motion passed unanimously without any discussion.
D.ll Discuss and take appropriate action to approve the financials and variance report dated
November 2006.
Motion made by Williams, seconded by Edstrom to refer
Mayor Pro Tem Williams commented they have not had a chance to look at it yet, the variance
report or it was just provided.
Town Manager Emmons explained staff is making changes to the internal process in order to
provide the variance report to Council in a timelier manner.
Motion to refer passed unanimously without further discussion.
D.12 Items for Future Agenda.
Mayor Sanders suggested the list of items be numbered rather than bulleted
D.13 Reports.
Town Manager Emmons gave his report.
Mayor Sanders advised of the next ASA shipment.
E.l Adjourn.
Motion made by Sterling, seconded by Lamont to adjourn.
Meeting adjourned at 10:30 p.m.
An,,,
amsey, Town ~ecredary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas