Minutes TC 10/16/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRNE, TROPHY CLUB, TEXAS
Monday, October 16,2006
7:00 P.M.
STATE OF 'TEXAS 8
COUNTY OF DENTON 8
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, October 16, 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
Roger Unger
Lisa Ramsey
Patricia Adams
Beth Ann Gregory
Adam Adams
Danny Thomas
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Finance DirectorIAssistant Town Manager
Town Secretary
Town Attorney
Community Development Director
Parks and Recreation Director
Fire Chief
A.l Mayor Sanders called a quorum at 7:00 P.M.
A.2 Mayor Sanders gave the Invocation.
A.3 Cub Scout Pack 328 performed a flag ceremony and led the Pledges.
Mayor Sanders introduced Danny Hodges, TXU Community Relations Manager.
A.4 Citizen presentations.
Kathleen Wilson, 34 Meadowbrook - Requested that the Council consider an Ordinance requiring bike helmets.
All matters listed as Consent Aqenda 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 Manager Emmons advised that the Master District approved the Interlocal Cooperation
AgreementlPayment Contribution Agreement with October 2, amendments made by the Council.
Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, Item B.1.
Motion passed unanimously without further discussion
B.l Consent Agenda: Discuss and take appropriate action regarding an Interlocal Cooperation
AgreementlPayment Contribution Agreement between Town of Trophy Club and Trophy Club Master
District for a Joint Storage and Maintenance Building adjacent to the Wastewater Treatment Plant.
End of Consent Agenda
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
'REGULAR SESSION
C.l Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XI1 of the Code of
Ordinances, Standards for the Repair, Removal or Demolition of Substandard Buildings and establishing
a Building Standards Commission for the Town.
Town Manager Emmons explained this ordinance will add a Building Standards Commission to our existing
Standards for the Repair, Removal or Demolition of Substandard Buildings. This Commission would
allow for code enforcement issues to be resolved prior to going through municipal or civil court as they
would hear appeals with regard to the Town's building standards and also expands the definition of
dangerous buildings and provides for additional minimum standards.
Council member Lamont questioned if this Ordinance would address the issue of boarded up apartments at the
Quorum Apartments and broken garage doors. Town Manager Emmons responded that if the building is
bordered up but not secure from the outside, yes, if boarded up only to prevent entry, no. This Ordinance
would apply to garage doors that are in non-functioning order.
Mayor Sanders asked if Section 2.2 (d) Removal, Filling of Vacancies is covered under the Committee
Handbook currently being revised. Town Attorney responded that Chapter 52 of Local Government Code
governs this policy and that State Law requires a Public Hearing for the removal of a board member if
requested. Sanders is also concerned that it will be hard for this group to meet when necessary as their
meeting will happen so infrequently.
Mayor Pro Tem Williams commented that we currently have issues getting residents to serve on the already
established Boards and Committees and sees this as another level of bureaucracy.
Town Attorney Adams explained that this is an additional tool that the Town may want to consider as it ages and
would allow for remedies civilly, outside of court.
Council member Edstrom said that she had received resident feedback to review the standards for aging property
in order to ensure their property values would not go down. Based on this feedback she requested that
staff look into the Ordinance.
Council member Sterling thinks that Article 2 needs to be removed, suggesting that the Council used this draft as
the framework and serve in the capacity of the Commission. Town Attorney Adams explained that
Council is serving in this capacity under the existing Ordinance.
Mayor Sanders confirmed that some of the Council members liked the idea of a Building Standards Commission
and others did not see a value. Sanders suggested staff come back at a future date with additional
history and support in order to justify.
C.2 Discuss and take appropriate action to authorize EDC 4A to expend $60,000, plus fund an annual
payment of $60,000 for 10 years with the proceeds of the note funded by this payment being utilized for
park improvements, and authorizing the Town Manager to seek financing.
Town Manager Emmons explained that this is the second time that this has been brought forth. Emmons
explained that alternatives for the payment of the additional electrical costs if the lights are installed in
time for use during the current fiscal year are as follows:
TXU has provided us with a revised rate schedule for this year that indicates a decline in
electrical rates of approximately 12%, thus we probably have some available funds in our current
budget that could be shifted to the parks budget to cover the additional cost.
While no vote was taken, there appeared to be a consensus on EDC 4A to cover any additional
costs that were incurred in the current fiscal year as a result of these projects.
The soccer association appears to have enough reserves that they could potentially cover the
additional electrical costs in the current fiscal year.
The construction of the lights could be postponed until the end of the current fiscal year in order
to allow the budget to be adjusted for next fiscal year.
Mayor Sanders called on J.D. HarveyIEDC 4B Board member who advised that they would not pay for electricity
but might pay for the additional cost of installation as the monies are not meant to handle operational
costs, but rather should be used for the functionality of the programs. Harvey questioned the lack of
controls on the lights at Independence Park and suggested that controls be implemented and timing
corrected which would save money.
P & R Director Adams said that Soccer Association President, Steve List, would think about curtailing some of the
costs, but prefers to wait 60 days to see what happens with the pending development. List is in favor of
moving forward on funding for items in list, excluding the shade structure and field lighting.
Mayor Sanders updated that the anticipated date to have the final PID agreement is late February 2007. Sanders
said that he is not in favor of taking out another note after the fact and said that although TXU rates are
going down, the savings will not cover the overages at 100%.
Mayor Pro Tem Williams requested and agreement with the EDC's stating their intentions to fund the Town
$60,000 every year for reimbursement.
Motion made by Edstrom, seconded by Williams to authorize EDC 4A to draft an agreement, approving the
expenditure of $60,000, plus fund an annual payment of $60,000 for 10 years with the proceeds of the
note funded by this payment being utilized for park improvements to include items 1 -4 of the packet and
required costs and authorizing the Town Manager to seek financing.
1. Restroom renovations $120,000
2. Creation of an additional parking lot $50,000
3. Lighting of that parking lot $25,000
4. Playground shade structure $37,000
Council member Edstrom supports all of the items and requested that P & R Director Adams keep the Council
updated on the progress.
J.D. Harvey clarified that this discussion relates to upgrades at Harmony Park.
Edstrom amended her motion to include improvement at Harmony Park, the second agreed.
Mayor Sanders suggested moving forward on these four items, asking that Town Manager Emmons direct staff to
come back with a recommendation on lighting and stated the motion currently on the table.
Edstrom amended her motion to include Town Funded, the second agreed.
Motion passed unanimously without further discussion
C.3 Discuss and take appropriate action regarding the nomination of one person to serve on the Board of
Directors of Denton County Transportation Authority.
Mayor Sanders noted that this group meets on the forth Thursday of the month from 3-5 PM. Sanders spoke to
the Directors whose term will be expiring stating that Bill Walker is very active; he works at Hillwood,
attends the NW Metroport, NW Community Partnership and participates in the Regional Transportation
Group and is a resident of Roanoke.
Town Manager Emmons added that the individual Council nominates should have a good transportation
background in order to provide knowledgeable representation for the Town.
Motion made by Edstrom, seconded by Lamont nominating Bill Walker.
Council member Edstrom knows Mr. Walker very well and explained that he is well connected due to his job at
Hillwood.
Mayor Pro Tem Williams asked if there were any other requests for nomination. Mayor Sanders was not aware of
any other requests and believes that Mr. Walker would do a good job representing the Town due to his
regional knowledge.
Motion passed unanimously without further discussion
C.4 Discuss and take appropriate action regarding a Resolution adopting ICMA RC Deferred Compensation
Plan.
Town Manager Emmons explained that this benefit is currently being offered by MetLife, formally CitiStreet, but
has been very inactive in their administration. ICMA is a non-profit organization and the administration
fees are based on the participants. The Town would not make any contributions, as this would be a
supplemental benefit only. This plan is a steady investment tool that would allow for pre tax deduction;
their representative is out of Fort Worth and would be able to service our needs. Emmons added this
would be an opportunity for the Town Council to offer a benefit to the employees without a cost to the
Town. ICMA will perform the initial enrollment administration and the Town will administer new enrollees
and changes.
Motion made by Edstrom, seconded by Council member Sterling to approve
Council member Sterling asked about the sidecar listed under section 4 of the Resolution. Town Manager
Emmons explained you cannot have an individual IRA attached to this plan.
Mayor Pro Tem Williams questioned if there were limitations on how much an employee can contribute to an IRA
with the deferred comp. Town Manager Emmons explained the 457 is the vehicle for the public employee
to participate in a 401 K plan as they are not eligible to participate in normally and there are provisions to
this.
Council member Cates has a lot of experience with retirement benefits and asked if ICMA could provide a
prospectus, so that the best plan could be offered to the employees.
Mayor Pro Tem Williams asked about the Town's fiduciary responsibility and said the Council needs to
understand the fund and the turnover in order to understand the hidden fee. Emmons stated he has
experience with ICMA, who is the leading 457 provider for the state. ICMA is not for profit; the
representative is paid on a salary basis so he will not push a selective fund family, as there would be no
incentive to do so.
Town Manager Emmons explained there would not be a fee charged to the Town. ICMA RC has a fund family
but does not restrict the investment into their fund family.
Council member Lamont questioned if the Council is privy to the greater return profit. Emmons responded that is
between the employee and the vendor.
Council member Sterling added that the resolution is needed by ICMA in order to allow employees this benefit but
will not force them to participate but will allow them other options.
Motion passed unanimously without further discussion
C.5 Discuss and take appropriate action regarding the regular scheduled Town Council meeting dates for
December 2006 and January 2007.
Mayor Sanders explained that January 1'' falls on a regular Council meeting Monday and suggested to move the
first and the 15Ih meeting to the second and fourth Monday. Council members Edstrom and Lamont
agreed with Sanders.
Motion made by Williams; seconded by Edstrom to move the January meetings from the first and third Monday to
the second and fourth Monday.
Motion passed unanimously.
C.6 Discuss and take appropriate action regarding financials dated September 2006.
Motion made by Edstrom, seconded by Lamont to approve
Mayor Pro Tem Williams has a lot of concerns and requested to meet with Town Manager Emmons and Finance
Director Unger. Williams complimented Fire, EMS and Administration on their budgets but felt that the
Police Department, P & R and Community Development departments needed some work. Unger
provided that Community Development came in under budget and requested that Williams consider the
storm sewer issue on Shields Court. Williams requested to see the variance report.
Mayor Sanders has already requested a report from Town Manager Emmons explaining the overages.
Finance Director Unger explained that September will not be closed until after the year-end audit and suggested
that Council wait to approve. Council member Cates agreed, stating approving prior to the completion of
the audit was premature. Mayor Pro Tem Williams requested to see the reconciled September financials
after the audit.
Council member Lamont would like to see the percentages included. Finance Director Unger said the
percentages are provided on the STW report.
Edstrom withdrew the motion, the second agreed.
C.7 Items for Future Agenda.
Town Manager Emmons advised he would prepare a year-end report and try to have to the Council on November
6Ih along with the November variance report.
Council member Edstrom requested that staff work on the request from Kathleen Wilson regarding bike helmet
asking that the Public Safety Group review.
Council member Lamont questioned the status of the advisory committee policies. Town Manager Emmons
responded he is reviewing and will forward to Council upon his review.
Council member Sterling asked that the HotellMotel Tax Ordinance come before the Council.
Council member Cates asked that staff review the property maintenance Ordinance and questioned the status of
the Political sign Ordinance. Town Attorney Adams provided she has concerns in reference to freedom of
speech.
Council agreed that the following be brought back:
Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design Standards",
Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of Ordinances of the Town.
Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XI1 Standards for the Repair,
Removal or Demolition of Substandard Buildings and establishing Building Standards Commission for the
Town. Scheduled for November 2oth.
C.8 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.
Brandon Emmons gave the following Town Manger Report:
Administration:
2006 General Elections
Denton County Elections Administration will hold early voting and Election Day voting for the 2006 General
Election here in the Council Chambers.
Early voting will be October 28, November 2 and 3, from 7 AM - 7 PM.
Election Day will be November 7, from 7 AM - 7 PM.
Volunteer O~~ortunities
The Town is currently accepting applications for the P & R Board.
Applications will be accepted through the month of October with Council appointments to occur in November.
The Town also has a vacancy on the Ways and Means Advisory Group. This vacancy is open until filled.
Applications and required supplements can be downloaded from the Town's website or obtained at the Admin
Building. Inquiries or questions should be directed to Lisa Ramsey, Town Secretary.
Community Garaqe Sale - Will be on Saturday, October 21s', from 8 AM - 5 PM.
Community Development:
Streets
Two panels on concrete have been replaced on Oak Hill Drive with three more panels surrounding this area to be
reconstructed in the coming weeks.
Contractors have begun performing routine rout and sealing of the cracks and joints of the Town's roadways.
This process will continue through mid-December and will extend the life of our roadways.
Finance:
Residents are invited to attend a reception for Finance Director, Roger Unger who is leaving to pursue a career in
the private sector.
The Reception has been scheduled for Wednesday, November lS', from 3 - 5 PM and will be held in the Council
Chambers. Please stop by to wish Roger farewell.
Parks and Rec:
Fall Festival
Saturday, October 21s', from 3 - 6 PM at Trophy Club Community Pool. Activities planned: bull ride, petting zoo,
pony rides, bounce house(s), obstacle course and over 15 carnival style games. The Fire Department will have
an Extrication Demo!
Clock Tower Liqhtin
Saturday. Decembe?Znd, at 6 PM (more details to come).
Medians
Finished laying sod and landscaped Medians down Trophy Club Drive, replacing the Asian Jasmine.
Planning and Zoning:
Staff received the preliminary plat for Neighborhoods 1, 2, 5, 6 & 7 of The Highlands PD, covering 91 1 lots. Staff
is in the process of reviewing the submission.
Fire Department:
Fire prevention Week
The Fire Department participated in Fire Prevention Week. The Fire Department visited 3 schools and 4 day
cares, talking to 1,800 children about this year's theme, which w8s "Have a" Exit Strategy."
Police Department:
Crime ~leA
On October 1 lth, two mail thefts were reported. The residents reported that between the hours of 12 - 1 PM
someone had opened their mailboxes and'had removed their mail.
.
Also on October llth, a resident on Ridgeview reported that a table saw had been removed from her open garage
between 4:30 - 5:30 PM. The neighbors did not recall seeing anyone around the residence during that time,
however there are many laborers in the area. These incidents are being investigated further.
Officer Wade Montgomery's son, Matthew has returned home from the hospital. The blood drive for Matthew held
on October 9th netted 20 units of blood.
The Police Department reminds residents that as we approach the holiday season, many burglars are going to be
targeting those homes with open garage doors.
The Police Department will hold a Holiday Safety Program in the Police building on November 16'" between 6:30
- 9:30 PM. It will be an opportunity for the citizens to receive information about crime prevention, traffic safety,
and precautions they can take to make their holiday season safer. It will be a come and go affair and residents
are invited to come to the Police Department at any time during these hours. We will have pamphlets, coloring
books, pens and pencils, gunlocks, and more.
Town Manager Emmons thanked the volunteers and people who have donated to the ASA program. Council
member Cates added that the Town is now fostering a group serving in Hunderous. Donations in the form of a
check can be made payable to Trophy Club Cares.
D.l Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
Meeting adjourned at 8:58 PM
The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
EGi/l;r&
Nick Sanders. Mavor
Town of ~r&h~ Club, Texas - Town of ~ro~h~ ~iub, Texas