Minutes TC 07/09/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: I00 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 9,2007
7:00 P.M.
STATE OF TEXAS 8
COUNN OF DENTON 5
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
July 9, 2007. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Sa kura Moten-Ded rick Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Carolyn Huggins Planning Coordinator
A.l Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was
present.
A.2 Fire Chief Danny Thomas gave the Invocation.
A.3 Josh Shuster, from Boy Scout Troop 191 0 led the Pledges.
A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the
outstanding achievement by Josh ShusterlTrophy Club Boy Scout Troop 910, and
congratulating him on his achievement of the Eagle Scout Award.
Mayor Sanders noted that the Troop number should be 1910 and introduced Josh Shuster.
Motion made by Edstrom, seconded by Cates to approve the Proclamation with the correction.
Motion passed unanimously
Mayor Sanders congratulated Mr. Shuster on his achievement and presented him with the
Proclamation.
A.5 Discuss and take appropriate action in regard to a Proclamation to recognize August 7,
2007 as National Night Out.
Mayor Sanders read the Proclamation. Police Chief Scott Kniffen gave a brief outline of
events scheduled for National Night out.
Motion made by Cates, seconded by Moss to approve the Proclamation.
Motion passed unanimously.
A.6 Tarrant County Commissioner Gary Fickes to address Council on transportation issues,
and Council discussion of the same.
Tarrant County Commissioner Gary Fickes introduced the Precinct Administrator, Carolyn
Simms and the Superintendent of the Precinct 30 Road Maintenance, Neil Welsh of the
Precinct. Commissioner Fickes said they are visiting every city in their precinct and speaking
about road maintenance and rebuilding; the key focus in Trophy Club is the 200 residential
lots. Commissioner Fickes requested the Council and Staff to let him know about any projects
so that he can assist. Commissioner Fickes spoke about Tarrant County Regional
Transportation; commended Mayor Sanders for his involvement and said they are working on
some very good things.
A.7 Citizen presentations:
Dave Glaser, 15 Overhill Drive, Trophy Club - Shared with the Council the discussions in
neighborhoods regarding the floods. The residents are concerned about the feelings and the
comments about Ordinances that were approved several years ago and suggested that the
Town look at updating the Ordinances and that the Council ask the tough questions. If you fail
to control the events in your life the events in your life will control you.
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.
Motion made by Council member Wilson seconded by Council member Edstrom to approve
the Consent Agenda, Item B.1. through B.2.
Motion passed unanimously without further discussion
B.l Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June
18, 2007.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June
19, 2007.
End of Consent Agenda
TOWN COUNCIL CONVENED INTO REGULAR SESSION AT 7:31 P. M.
*REGULAR SESSION
Moved up C.4 as Keenan Rice has to catch a plane
C.l Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on
behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and
Final Platting of The Highlands at Trophy Club Master Thoroughfare/lnfrastructure to be
known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres).
FP-07-010 Preliminary and Final Plat Approval for The Master
Thoroughfare/lnfrastructure plats.
A. Discuss and take appropriate action regarding the approval of the Sub-divider's
Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy
Club Park Drive.
Mayor Sanders said several areas of concern were identified while working through this plat
and the Sub-divider's agreement still has items that needed clarified. Sanders stated staff's
intention is to refer until July 23rd.
Town Manager Emmons explained the process for dedicating the right away starts with
approval of this plat, the construction of the plat will be implemented under the PID and the
question remains if the Attorney General will allow the dedication if approved tonight. Emmons
suggested an option of a smaller infrastructure and then issuing a larger one as we work down
as he would like to work with the developer's a little more.
Mayor Sanders acknowledged Dean Stuller from Innovative Transportation Solutions, Inc. who
will answer questions regarding the Highlands Traffic Impact Analysis (TIA) report, Jim Wiegert
from Carter-Burgess and Tom Rutledge from Teague, Nall and Perkins.
Council member Sterling asked if the new lights on HWY 377 and Marshall Creek will impact
this analysis. Dean Stuller does not believe there will be any direct impact as it is outside the
Town, but may change some traffic patterns.
Council member Cates asked for clarification of the stipulations placed on the plat by the
Planning and Zoning Commission. Planning and Zoning Chairman, Gene Hill explained 504.
access easement across the common area into the slip road, that the developer, Hillwood,
wanted to have an access point at midway of the slip road as that is where the model homes
are to be located. It is temporary and will eventually be removed; therefore the Commission
requested this be labeled as "temporary" on the plat.
Motion made by Moss, seconded by Edstrom to refer to a future date uncertain.
Planning and Zoning Chairman, Gene Hill said he would hold his report until the time Council
considers this item.
Motion passed unanimously without further discussion.
C.2 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on
behalf of K. Hovnanian Homes-DFW, L.L.C. to approve a Final Plat of Lots 1-14, Block
A, The Highlands at Trophy Club Neighborhood 3, Phase 1A (4.885 acres) (located on
the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum
Condominium Property). FP-07-014 Final Plat for The Highlands at Trophy Club
Neighborhood 3, Phase 1A.
Planning and Zoning Chairman, Gene Hill said the Planning & Zoning Commission
recommended approval at the June 21, 2007, Planning & Zoning Commission meeting by a
unanimous vote of 6-0.
Jaison Stephen and Jim Wiegert from Carter and Burgess and Brian Carlock from Hillwood
were in attendance. Jaison Stephen presented a map which defined the area.
Town Manager Emmons questioned what contingencies are in place for traffic on Trophy Club
Drive considering the Master Infrastructure request was just referred. Dean Stuller from
Innovative Transportation Systems does not see an impact as this request is for only 14 lots.
Stuller said by the end of this development, we may want to consider increasing to two lanes
adding the level of service during the peak hour is in between C and D.
Mayor Sanders confirmed the first home owners are estimated to move in next year around
May or June. The Town's intent is to bid the extension of Trophy Club Drive to four lanes as
one big project. Sanders added the Council should also decide on the proposal to change
Marshall Creek Drive to North West Parkway
Council member Moss asked for clarification on the different levels in the traffic analysis. Dean
Stuller explained level service C is the capacity per hour, per lane; if you can achieve a level C
in the peak hours on a thorough fare you are doing well, a level D creates more congestion.
There are not plans in stage one to change the intersection at Trophy Club Drive and Trophy
Lake.
Jim Wiegret confirmed the signalization at Trophy Club Drive and Trophy Lake will be
addressed once 1,226 lots are on the ground. Mayor Sanders added the Texas Commission
of Transportation awarded the bid to NTTA to address the issue at Trophy Lake and HWY 114,
turning HVVY 170 into a toll road and considering a request for an acceleration lane on HWY
114 exiting Trophy Club Drive.
Motion made by Moss, seconded by Edstrom to approve.
Council member Sterling questioned the utility easement on Lot One. Jaison Stephen said this
is an existing sanitary sewer line, an easement was never prepared or filed on this property but
was granted by the plat.
David Chudnow, 1500 Plantation Oaks Drive - Spoke against approval of this item. Mr.
Chudnow commended Mayor Sanders, Council members Wilson and Moss, Town Manager
Emmons, Fire Chief Danny Thomas and Building Inspector, Chris King for touring the facilities
and damages and said the residents were upset that not all City Officials and staff contacted
them. Mr. Chudnow beseeched the Council for the development to be halted and suspended
until the necessary impact study may be completed.
Gina Treaster, 350 Quorum Dr, #902 (Donate time to David Chudnow) AGAINST
Dirk Anderson, 350 Quorum Dr, #703 (Donate time to David Chudnow) AGAINST
Robert Franklin, 350 Quorum Dr, #902 (Donate time to David Chudnow) AGAINST)
Kathleen Ernst, 350 Quorum Dr, #704A (Donate time to David Chudnow) AGAINST
Regina McCaghren, 350 Quorum Dr, #805 (Donate time to David Chudnow) AGAINST
Jason McCaghren, 350 Quorum Dr, #805 (Donate time to David Chudnow) AGAINST
Council member Cates asked for specifics regarding the water flow issues. Town Manager
Emmons explained that the Town's development Standards requires that development be
designed to withstand a 25 year flood event; however the events of June 18th were classified
as a 100 year flood event. Tom Rutledge said a drainage study was completed in January
2007 and the Town's Flood Plain Administration and process was submitted to FEMA. After
reviewing the current FEMA maps, some of the Quorum apartments do indicate that they are
in a flood plain. Jim Wiegret acknowledged the unfortunate damage at the Quorum and
confirmed that the developer obtained a tree mitigation and grading permit prior to starting any
grading. Wiegret concluded with his belief that the development and grading was not the
factor of the flooding.
Council member Cates confirmed disclosure to tenants of apartments in a flood plain is not
mandated by Town Ordinance.
Charles Parirsh, 316 Indian Creek - Asked if a Declaration of the 100 Flood has been
declared.
Mayor Sanders advised of the Town Hall Meeting on Tuesday, July loth with FEMA at 7 PM.
Sanders confirmed that Carter and Burgess received their CLOMA from FEMA in April and
asked them to confirm what activity was going on the day after the rain event. Jim Sabonis
responded no activity, only erosion control and repair of silk fence.
Jaison Stephen explained through computer modeling it was determined that there would not
be and the CORP governs and regulates the streams. Town Manager Emmons added that
CORP has jurisdictional control on this creek regarding filtering any maintenance issues and is
governed under the ESA rules.
Mayor Pro Tem Edstrom confirmed the silk fences were compliant of the Town Ordinance.
Town Manager Emmons clarified that a 25 year rainfall event is required for drainage and the
storm water Ordinance governs TCEQ mandates.
Council member Moss cannot support this until the area just north of the Quorum Apartments
that has been blocked for some time is cleaned out by the CORP and the developer. Brain
Carlock clarified the open space would be dedicated to the Town after it is has been cleaned
up. Mayor Sanders believes it is prudent that the Town continue pursuing the CORP to
address this and suggested K. Hovnanian Homes and Standard Pacific deal with this prior to
accepting. Sanders said the Council is concerned over what happened and the number of
residents who were affected; unfortunately most of the homes are in the flood plain, which
means that the Town cannot do anything.
Council member Cates questioned if approval on this plat would change any of the issues with
the creek. Brian Carlock believes the flooding that occurred acted exactly like it should have
considering the areas affected are in a flood plain. Town Engineer, Tom Rutledge agreed with
Carlock and said the study and modeling of many of the Quorum apartment's shows that they
are in the flood plain. Town Manager Emmons added one stipulation of the early grading
approved previously prohibited the developer from putting infrastructure prior to platting; the
flood control devices that will be put into place by this subdivision should help further debris
going into the creeks.
Mayor Sanders confirmed the storm sewer at the end of the Quorum apartments that was
partially blocked by rocks and earth and had an upside down trash can blocking the drain both
are property of the Golf Course. Sanders asked Mr. Chudnow if he has worked with the Golf
Course and if he was aware that part of his land was in a flood plain. Mr. Chudnow said he
has not talked to the Golf Course and his history in working with them has not been very
successful and was aware of the issues but did not want to deal with it as it has no impact on
this development. Mr. Chudnow was unable to confirm whether he was aware that part of his
property was in a flood plain and said he has some conflicting information he would like to do
additional research before answering and requested Council table this item until the CORP
responds to the issue. Mayor Sanders confirmed the study was completed by Commissioner
Carter and was reviewed and concurred with by Teague, Nall and Perkins; two independent
studies that have been completed.
Mayor Pro Tem Edstrom said in the 18-years she has lived here the water has only come up
this high two times and never to the degree or devastation of this last storm. Edstrom feels for
all who were affected and reiterated that the study was completed back in February. Brian
Carlock and Mehrdad Moayedi expressed sadness for the resident's loss and offered to
conduct a study of David Chudnow's property to verify the information and then provided
recommendations for improvements.
Dirk Anderson, 350 Quorum Dr, #703 question if an inspection had been conducted since
repaired from the storm. Town Manager Emmons said Town staff and independent labs have
preformed testing. Brian Carlock responded the law requires complete inspections and will
provide the backup and invoices to Town Manager Emmons.
Betty Donlin, 1041Wilshire Drive - Asked that the Town let people know if they are in a flood
plain and are eligible for government flood insurance.
Motion passed unanimously without further discussion.
C.3 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on
behalf of K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas to approve a
Final Plat of 178 Residential Lots and 11 Common Areas, The Highlands at Trophy
Club Neighborhoods 3 & 4, Phase 1B (69.753 acres) (located on the east side of
Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium
Property). FP-07-015 Final Plat for The Highlands at Trophy Club Neighborhoods 3 and
4, Phase 1 B.
A. Discuss and take appropriate action regarding the approval of the Subdivider's
Agreement between K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas
for The Highlands at Trophy Club Neighborhoods 3 & 4, specifically Neighborhood 3,
Phase 1A and Neighborhoods 3 & 4, Phase 1 B.
Planning and Zoning Chairman, Gene Hill said the Planning & Zoning Commission
unanimously recommended approval of this request with the stipulations that the side building
lines be shown for Lot 58 [Block A] and Lot 1, Block E adjacent to common area 9; that
common area 9 be identified as such on Sheet 2 at the match line; and that the 10-f?. utility
easement be aligned properly between lots 10 and 11 of Phase 1A and lots 19 and 20 of
Phase 1 B. The stipulations have been met.
Motion made by Sterling, seconded by Wilson to approve.
Council member Moss believes the Council should rely on the experts and Commissions
recommendation.
Mayor Pro Tem Edstrom asked that Council receive regular updates to ensure the necessary
steps are being taken prior to reaching a traffic level D. Council member Cates would like
updates from the CORP included on the Town Manager report.
Mayor Sanders clarified the motion to approve was for the main item and did not include
approval of A. Both mover and second agreed.
Mayor Sanders questioned if the intent of the common area is to be privately maintained by a
property owner until finished and if there are plans for a HOA. Planning and Zoning
Coordinator, Carolyn Huggins explained sheet one designates this area be maintained by the
developer. Mayor Pro Tem Edstrom is against a HOA. Brian Carlock believes privately
maintained would be the better option.
Mayor Sanders believes the open space with pocket parks; common area 213 would be better
served on lots 6 and 7. Brian Carlock said the fencing restrictions would allow the view of the
corridor to be affected.
Council member Cates asked if the Council has the authority to approve the bylaw of a HOA,
in the event that this occurs. Town Attorney, Patricia Adams advised the Town does not have
control over the bylaws as they are traditional, private property issues. Mehrdad Moayedi
commented the deed restrictions are more stringent than the Town's, and would be willing to
let the Council approve the bylaws. Mayor Pro Tem Edstrom responded the Town is a
collaborated HOA and by creating one will make it harder to manage.
Council member Moss asked if the Town is obligated to accept the open space as designated
if approved. Town Attorney, Patricia Adams believes the dedication meets the requirements of
the Town's Ordinance.
Jaison Stephen and Mehrdad Moayedi said that Open space 1, block 1, is similar to a
residential lot and committed to clear this area prior to dedicating the land. Town Attorney,
Patricia Adams said this will be addressed in the Sub-divider's Agreement.
Motion passed unanimously without further discussion.
C.4 Discuss and receive input regarding a draft service and assessment plan for the Town
of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club).
Town Manager Emmons introduced the Service and Assessment Plan (SAP) as one of many
requirements necessary to move forward in the PID; the SAP will set out how the bonds will be
repaid. The purpose of this item was to reintroduce Keenan Rice from Municap and receive
his update for Lila Marsh, Bond Counsel from Vinson and Elkins to report on the timelines.
Mayor Sanders introduced Keenan Rice and Lila Marsh, Robert Mikloes from Hughes and
Lews, Jim Wiegret from Carter and Burgess, Kirk Wilson from Centurion, Jim Sabonis from
Southwest Securities, Mehrdad Moayedi from Centurion and Tom Rutledge from Teague, Nall
and Perkins.
Keenan Rice opened by briefly summarizing the purpose, background and components of the
SAP; explaining that first the assessment in the tax roll needs to be identified, with options to
pay one time or over thirty years. This step is tentatively complete, with only a few outstanding
finance issues that will be resolved in the next few weeks.
Council member Wilson confirmed the assessments could be reduced to equal the costs, if at
a later date it was determined that the funds were not right. Keenan Rice said the intent is to
set up the SAP so numbers can change, if there is a cost savings in one line and an overage
on another, balancing can occur.
Council member Cates asked if final numbers for allocation have been determined. Keenan
Rice responded they are very close to making a recommendation and does not believe the
numbers have changed that much. The recommendation will be made to Council in a
presentation.
Council member Sterling is in favor of striking the 1% interest. Keenan Rice said the 1% is
allowed by statue and is in favor of paying only the interest issued on the bond.
Council member Cates referenced the timeline and asked if the schedule was aggressive or
feasible. Town Manager Emmons said it is workable and not real aggressive. Kirk Wilson
disagreed and said this schedule is perhaps more conservative and requested continued
dialog with Town Manager Emmons in order to come back with more streamlined timeline.
No action taken, input only.
C.5 Discuss and Receive report from staff regarding recent flood events, update on disaster
recovery and actions taken.
Town Manager Emmons deferred to Fire Chief Danny Thomas to provide the update.
Fire Chief Thomas provided FEMA-1709-DR was signed by President Bush on June 2gth,
2007. Local, County and FEMA assessment teams met on June 3oth to review the process
and mapped the effected areas. On Sunday, July lSt FEMA teams hung flyers and be an P making contact with victims. The Town will host a Town Hall meeting on Tuesday, July 10 at
7:00 P.M. in the Council Chambers to discuss and answer questions regarding the
FEMA Disaster Assistance Program.
Mayor Sanders commended the Fire and Police departments on their efforts and both
departments received applause from the audience. Sanders thanked all Trophy Club
businesses who offered their office space for FEMA to set up their headquarters. On behalf of
the Town Council, Mayor Sanders committed that the Town Manager and staff will continue to
research the drainage issues and pursue the ability and public assistance from FEMA,
Mayor Sanders called a 5 minute recess.
No action taken, update only.
C.6 Discuss and receive input regarding the selection of a firm to perform the needs
assessment as outlined in the RFPIRFQ for a Needs Assessment for a new Police
facility and to authorize the Town Manager to begin the negotiation of a contract as
provided in the Town's purchasing policies.
Town Manager Emmons said this process started with the needs assessment and in order to
prepare for the upcoming budget. Two firms, Brinkley Sargent Architects and Hahnfeld Hoffer
Stanford, responded to the RFPIRFQ. Both of these firms responded with lengthy documents
outlining their qualifications, past customers, and proposal for completing this needs
assessment. In order to move forward with this needs assessment, Council will need to select
a firm from the two that responded and authorize someone to negotiate the contract with that
firm. The selection committee recommends Brinkley Sargent Architects.
George Greaner, 329 lnverness Drive - Has served on the Public Works Committee for seven
years and the public safety advisory group and the advisory group agrees with the selection
committee.
Council member Cates confirmed the contract negotiations will go through the Town Attorney
prior to coming back to the Council.
No action taken, input only.
C.7 Discuss and take appropriate action to approve financials and variance report dated
May 2007.
Motion made by Edstrom; seconded by Moss to approve.
Mayor Sanders appreciates the variance report as it answers all of his questions.
Motion passed unanimously without further discussion.
C.8 Discuss and take appropriate action regarding a Resolution authorizing Intervention in
PUC proceeding dealing with the acquisition of TXUIONCOR and authorizing
participation in a Coalition of Municipalities, Public Entities, and Commercial Customers
known as Alliance of TXUIONCOR Customers.
Motion made by Moss, seconded by Cates to approve.
Town Manager Emmons said the cost is $200.00 and this entitles the Town representation for
the acquisition of TXU to PUC.
Mayor Sanders encouraged Council to do their homework on the coal fire generating plants.
Motion passed unanimously without further discussion.
C.9 Discuss and take appropriate action appointing two Council members to serve on
MUDPTown Task Force to review and make recommendations related to various
administrative, operational, and other intergovernmental functions.
Mayor Sanders provided at the June 18, 2007 meeting, Council requested this item be brought
back as an item allowing Council member Edstrom to withdraw and appoint two members to
serve on this task force.
Motion made by Edstrom, seconded by Sterling to appoint Council member Cates and Wilson.
Motion passed unanimously without further discussion.
C.10 Discuss and take appropriate action regarding a Proposal to enter into an agreement
with Connect-CTY Service.
Town Manager Emmons fully hosted and fully managed ASP, in the event of local disruptions,
such as floods, wildfires, water restrictions, water main breaks or power outages, the ability to
provide leadership remains intact, with the capacity to send timely notifications to targeted
constituents and staff members using just a telephone. Staff recommends stub purchase of
$1,524 for the remainder of this fiscal year.
Motion made by Cates, seconded by Moss to approve.
Council member Cates said that NlSD has this system and it is amazing
Council member Moss asked if it can be used to notify residents that trees are going to be cut
down.
Council member Sterling believes that parameters need to be established for the messages
that are sent.
Mayor Sanders encouraged Council to speak to the MUD Directors to share the cost; the initial
reaction of the MUD Manager is that they will not participate.
Council member Wilson, echoed Sterling's concern of automated messages, but feels this is a
wonderful communication tool.
Motion passed unanimously without further discussion.
C.ll Discuss and take appropriate action to approve Minutes dated, June 4, 2007.
Motion made by Edstrom, seconded by Cates to approve.
Motion passed 4:0:l, with Sterling abstaining.
C.12 Items for Future Agenda.
Mayor Sanders requested review of the policy set forth by Brandon for uselparameters on the
CTY, will we allow resident and public dissemination.
Council member Cates confirmed with the Town Attorney that the Town does not have the
ability to mandate apartment owners to disclose to renters that they are in a flood plain.
C.13 Reports. 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.
(a) Town Manager's Report.
D.l Adjourn.
Motion made by Edstrom, seconded by Sterling to adjourn.
Meeting adjourned at 11 :00 p.m.
Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas