Minutes TC 11/05/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 5, 2007
6:00 P.M.
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 5, 2007.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Susan Edstrom
Pam Cates
Jim Moss
Philip Sterling
Kathleen Wilson
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Stephen Seidel
Lisa Ramsey
Shannon DePrater
Patricia Adams
Sakura Moten-Dedrick
Adam Adams
Scott Kniffen
Danny Thomas
Carolyn Huggins
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Assistant Town Manager
Town Secretary
Deputy Town Secretary
Town Attorney
Finance Director
Parks and Recreation Director
Police Chief
Fire Chief
Planning Coordinator
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 6:00 p.m. noting a quorum was present.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Council convened into Executive session at 6:05 p.m.
A.2 Council to convene into executive session for Consultation with the its attorney, Frank Waite, on a
matter in which the duty of the attorney to the governmental body under the Texas disciplinary
rules of professional conduct of the State Bar of Texas clearly conflicts with the Texas Open
Meetings Act (Govt. Code §551.071), and pursuant to Government Code §551.074 of the Texas
Open Meetings Act, to discuss or deliberate Personnel Matters:
A. Section 551.071 of the Texas Government Code, to consult with attorney Frank Waite
about the following legal matters:
1. Legal advice and recommendations related to recently completed work
environment report.
2. Legal advice relating to letter received from attorney Lori B. Talbot on behalf of
Patricia Adams.
B. Section 551.074 of the Texas Government Code, to deliberate Personnel Matters:
1. The grievance filed by Lisa Ramsey against Town Attorney Patricia Adams and
others.
2. The grievance filed by Adam Adams against Brandon Emmons.
3. The grievance filed by Adam Adams against Lisa Ramsey.
4. The appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee:
a. Brandon Emmons
b. Patricia Adams
C. Lisa Ramsey
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
Council reconvened into Regular session at 11:00 p.m
Mayor Pro Tem Edstrom made a motion to extend the meeting past 11:00 p.m. Council member Cates seconded;
motion passed unanimously without further discussion.
Reconvened into Executive Session at 11:01 p.m.
Council convened into Regular Session at 11:22 p.m.
B.1 Invocation.
Council member Sterling gave the Invocation.
B.2 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God and indivisible."
Mayor Sanders led the Pledges.
Mayor Sanders moved to item C.1, as the Public Hearing needed to occur prior to 12:00 p.m
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 11:30 P.M.
PUBLIC HEARING
CA Public Hearing to consider an ordinance of the Town Council of the Town of Trophy Club
accepting and approving a Service and Assessment Plan and Assessment Roll for the Town of
Trophy Club Public Improvement District No. 1; making a finding of special benefit to the property
in the district; levying special assessments against property within the district and establishing a
lien on such property; providing for payment of the assessments in accordance with Chapter 372,
Texas Local Government Code, as amended; providing for the method of assessment and the
payment of the assessments, providing penalties and interest on delinquent assessments,
providing for severability, and providing an effective date.
Bond Counsel, Lila Marsh, handed out a redlined version of the document and explained the changes.
Kirk Wilson from Centurion Development addressed Council and spoke in favor of the assessment plan.
Jack Dawson, President of Lamar Homes, spoke about the decline of home sales, but stated that Texas has not
been hit and home growth has been steady. Lamar Homes IS excited about the Trophy Club market.
Mehrdad Moayedi thanked the Council and hopes that the Council can pull this together as they have a big stake
in the Public Improvement District.
C.2 Public Hearing to Consider an Amendment to PD — Planned Development District No. 27,
Ordinance No. 2007-15 P&Z to allow amendments to Exhibit "B" Development Standards,
specifically including 45% Lot Coverage for Lot Type 2 in Neighborhoods 3 and 4 of The
Highlands of Trophy Club. Applicants: K. Hovnanian Homes and Standard Pacific Homes. (PD
AMD -07-025)
Todd Webb, K. Hovnanian Homes and Bill Conger, Standard Pacific Homes addressed Council and explained the
lots that were designated in PD 27.
Public Hearing Closed at 11:39 p.m.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION.
"REGULAR SESSION
B.3 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.
Bob Radder, 1 Lee Court, requested a decision be made tonight regarding the ongoing issue. Redder questioned
who leaked the report to the press. Redder asked Council member Moss to resign.
Larry Crosser, 17 Overhill Drive, spoke of the adopted Home Rule Charter and the violations of the Charter and
then moved onto other issues including the development of Churchhill DownS, shared his happiness with Town
Manager Emmons supporting the building code, and stated that this is another issue where Council had usurped
the Town Manager's administration.
Roger Williams, 215 Phoenix Drive, stated he sent a letter to the Editor of the Trophy Club Times who then sent
their reporter to speak to Adam Adams to investigate. Williams read letter into the record and recommended
Council to ask Town Attorney Adams to resign.
Doug Wilson, 34 Meadowbrook, does not believe profanity or speaking about dating or women in a derogatory
manner shows leadership.
Barbara Kadow, 320 Village Trail, asked for Town Manager Emmons' resignation.
Bill Armstrong, Avenue 20, did not speak as he shares views already expressed.
Greg Lamont, 15 Avalon, asked for the resignation of Neil Twomey and asked that any other Council member
involved in the Swastika issue come forward.
Neil Twomey, 203 Oakmont Drive, feels Greg Lamont should apologize.
Pauline Twomey — 203 Oakmont Drive, shares views already expressed.
B.4 Discuss and take appropriate action regarding a Proclamation declaring November 5-9, 2007 as
Municipal Court Week.
Mayor Sanders read the Proclamation.
Mayor Pro Tem Edstrom made a motion to approve the Proclamation. Council member Cates seconded; motion
passed unanimously without further discussion.
B.5 Discuss the report from Frank Waite, Thompson & Knight LLP, regarding the third party
Management Review - Town of Trophy Club approved by the Council at the October 1, 2007
meeting.
Mayor Sanders advised the report was previously provided with redaction per legal advice and Council has now
decided to provide the unredacted copy. Council members made no additional comments.
Bob Radder, 1 Lee Court, questioned how the unredacted copy made it to the press.
B.6 Discuss and take appropriate action relative to all items listed under the Executive Session.
Bob Radder, 1 Lee Court, shared that Council has the opportunity to finish this issue tonight.
Council member Sterling questioned if Town Manger Emmons' authority will be usurped everytime he has to
correct the performance of one of his staff. Sterling suggested the Council let Emmons do his job.
Mayor Pro Tem Edstrom made a motion to deny the grievance filed by Town Secretary/HR Manager Lisa Ramsey
against Town Attorney Patricia Adams and other. Council member Moss seconded; motion carried unanimously.
Mayor Pro Tem Edstrom made a motion to deny the grievance filed by Parks and Recreation Director Adam
Adams against Town Manager Emmons. Council member Cates seconded; motion passed 3:1, with Council
member Wilson opposing.
Mayor Pro Tem Edstrom made a motion to have Town Manager Emmons, or his designee, further investigate the
grievance filed by Adam Adams against Town Secretary/HR Manager Lisa Ramsey in accordance with Frank
Waite's Work Environment report. Council member Moss seconded; motion carried unanimously.
Mayor Pro Tem Edstrom made a motion to continue with Town Manager Emmons evaluation at the next
scheduled meeting. Council member Cates seconded; motion carried unanimously.
Mayor Pro Tem Edstrom made a motion authorizing Frank Waite to negotiate a separation agreement with Lisa
Ramsey as discussed in Executive Session and in accordance with the Town Charter. Council member Moss
seconded; motion carried unanimously.
Mayor Sanders pulled item B. 7 to be discussed at a later time.
B.7 Discuss and take appropriate action regarding the policies and procedures set forth in the Town's
Personnel Policies for Employee Complaint and Grievance Procedures, including Section 113.00,
specifically with regard to the following:
1.) Revisions to policies to extend grievance and complaint procedure and appeal beyond the
Town Manager.
2.) Adoption of a policy for complaints and grievances filed by and against employees who
report directly to the Town Council.
DA Discuss and take appropriate action by Resolution, casting all of the Town's allocated votes (13)
for a candidate or candidates to serve as a member of the Denton Central Appraisal District Board
of Directors.
Mayor Pro Tem Edstrom made a motion to cast all 13 votes to Pearl Ford to serve as a member of the Denton
Central Appraisal District Board of Directors. Council member Cates seconded; motion carried unanimously
without further discussion.
D.2 Centurion American to make a presentation on the Plan of Finance for the Highlands of Trophy
Club and discussion of the same.
Item moved to the November 12, 2007 Special Session agenda.
D.3 Discuss, provide input and/or take action as appropriate regarding the following documents and
matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy
Club) for infrastructure and related improvements:
A. Discuss and take appropriate action on a Landowner Agreement between the Town and
the landowners within the Town of Trophy Club Public Improvement District No.1, (the
"District") concerning the consent to the levy of assessments on property within District
and other matters relating to the development and construction of public improvements
on land within the District.
Both Kirk Wilson and Lila Marsh stated the landowners have already signed the agreement and Council can
approve tonight while waiting for lien holders to sign. Lila Marsh recommends Council approve agreement tonight.
Town Manager Emmons and Town Attorney Adams recommended Council to follow the advice of bond counsel.
Council member Sterling made a motion to approve the Landowners Agreement. Mayor Pro Tem Edstrom
seconded; motion carried unanimously.
B. Discuss and take appropriate action to authorize the Town Manager to direct the
distribution of a Preliminary Limited Offering Memorandum for the Town of Trophy Club
Public Improvement District No. 1 Special Assessment Revenue Bonds, Series 2007
(Highlands of Trophy Club Project), with such changes as City Staff and Bond Counsel
deem appropriate to make such document complete and accurate.
Lila Marsh gave a list of outstanding items and gave a recommendation to authorize Town Manager Emmons to
distribute the Memorandum.
Town Manager Emmons recommended moving forward with this item and if there are any significant changes, it
will be brought back to the Council.
Mayor Pro Tem Edstrom made a motion authorizing Town Manager Emmons to move forward. Council member
Cates seconded; motion carried unanimously.
C. Discuss and take appropriate action on a Construction and Funding Agreement between
the Town and 831 Trophy, L.P. concerning the construction of certain public
improvements within the Town of Trophy Club Public Improvement District No. 1 (The
Highlands of Trophy Club project).
Kirk Wilson requested a separate meeting this week to resolve remaining issues, not to waste Council's time
tonight. Lila Marsh listed the remaining issues including posting of Town secured projects and the full amount of
cost overrun.
Council member Cates asked how the Town guarantees that the developer gets the best price for 100 percent
completions of the job.
Mayor Pro Tem Edstrom asked for this item to come back on the next agenda and directed Lila Marsh to come
back with specific direction.
Item moved to the November 12, 2007 Special Session agenda.
D.4 Discuss and take appropriate action regarding an ordinance of the Town Council of the Town of
Trophy Club accepting and approving a Service and Assessment Plan and Assessment Roll for
the Town of Trophy Club Public Improvement District No. 1; making a finding of special benefit to
the property in the district; levying special assessments against property within the district and
establishing a lien on such property; providing for payment of the assessments in accordance
with Chapter 372, Texas Local Government Code, as amended; providing for the method of
assessment and the payment of the assessments, providing penalties and interest on delinquent
assessments, providing for severability, and providing an effective date
Mayor Pro Tem Edstrom made a motion to approve the ordinance with an effective date of November 6, 2007.
Council member Cates seconded; motion carried unanimously.
D.5 Discuss and take appropriate action regarding a Request to Amend Ordinance No. 2007-15 P&Z
(PD — Planned Development District No. 27), to allow amendments to Exhibit "B" Development
Standards, specifically including 45% Lot Coverage for Lot Type 2 in Neighborhoods 3 and 4 of
The Highlands of Trophy Club. Applicants: K. Hovnanian Homes and Standard Pacific Homes.
(PD AMD -07-025)
Planning and Zoning Commissioner, Gene Hill, updated Council. The applicants came before the Planning and
Zoning Commission in a Public Hearing and Regular Session on October 18, 2007 to request amendments to
Planned Development District No. 27, Ordinance No 2007-15 P&Z that would allow amendments to Exhibit "B"
Development Standards. The requested amendments would specifically include 45% Lot Coverage for Lot Type 2
in Neighborhoods 3 and 4 of the Highlands of Trophy Club.
Not intending to be redundant of the Developer's presentation, Chairman Hill referred to P&Z action briefly,
Neighborhoods 3 & 4 consist of 324 lots, these being four open areas, 82 lots of Type 1 which are 12,000 square
feet or larger, and 238 lots of Type 2 which are 10,000 plus square feet. The builders request is for an increase in
lot coverage for Lot Type 2 lots only, without changes to front, rear or side setbacks on the lots.
The applicants presented demographic information to P&Z that they are targeting the mid $300,000 to upper
$400,000 price range for buyers who desire a larger square footage home. It was stated that potential buyers are
showing interest in one-story homes in this price range, but not in a 2000 or 2200 square foot home at these
prices. Their potential buyers do show interest in 2700 square foot homes with outdoor living areas and three car
garages. Providing these items to homebuyers is not doable in a 35% footprint area according to the developers.
The Commission observed illustrations of several home designs and floor plans. Following a lengthy period of
questions, responses and discussion the Commission developed their recommendation to the Town Council.
The Planning and Zoning Commission recommends by unanimous vote of seven in favor, none opposed,
amending PD 27 Lot Coverage for Lot Type 2 in Neighborhoods 3 and 4 of the Highlands of Trophy Club as
follows:
• Of the 238 Type 2 lots, not to exceed 119 lots can have up to 45% lot coverage; of the remaining lots, the
combined area covered by all main buildings and accessory structures shall not exceed forty percent
(40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum
building coverage.
"Minimum Floor Area" increases to 2,700 square feet minimum for all Type 2 lots. The asterisks stays:
"Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet
(including garage area).
Add the following sentence to the "Garage" section of Lot Type 2: "Any lot that exceeds coverage in
excess of 40% must have a 3 -car garage."
Council member Cates made a motion to amend Ordinance 2007-15 P&Z as stated. Council member Sterling
seconded; motion carried unanimously.
D.6 Discuss and take appropriate action regarding the co -hosting of a "Stewards for Children"
seminar with the Alliance for Children and surrounding municipalities.
Item moved to the November 19, 2007 Regular Session agenda.
D.7 Discuss and take appropriate action to appoint two (2) members of Council to the Trophy Club
Park Department Master Plan Task Force.
Council member Sterling made a motion to appoint Mayor Pro Tem Edstrom and Council member Moss to the
Trophy Club Park Department Master Plan Task Force. Council member Cates seconded; motion carried
unanimously.
D.8 Discuss and take appropriate action to consider and take action regarding the EDC 4A's motion to
fund the reconstruction of Beck field 94.
EDC 4A Director Neil Twomey addressed Council and stated EDC 4A recommends to the Town Council to lease
the baseball fields needed by the baseball association spring ball 2008 and EDC A will fund $6000 of capital
improvements that has to be done to the parks this fiscal year.
Council member Wilson made a motion to approve EDC 4A's funding of $6000 for capital park improvements.
Council member Cates seconded; motion carried unanimously.
D.9 Discuss and take appropriate action regarding an Ordinance repealing Ordinance 1999-15
Providing for a road easement dedication for the extension of Indian Creek Drive and Trophy Club
Drive, abandoning existing easements specifically identified and authorizing the Mayor to execute
all necessary documents.
Council member Moss moved to approve. Council member Cates seconded; motion carried unanimously.
D.10 Discuss and take appropriate action directing staff to proceed with zoning implementation for
billboards.
Mayor Pro Tem Edstrom moved to decline staff taking any action. Council member Wilson seconded; motion
carried unanimously.
D.11 Discuss and take appropriate action nominating candidates to the Denton County Appraisal
District Appraisal Review Board.
Item moved to the November 12, 2007 Special Session agenda. Council directed staff to include the applications
in agenda packet.
D.12 Discuss and take appropriate action relative to the Interlocal Agreement between the Town and
the Trophy Club MUDs to provide water supply and wastewater treatment and equity services to
the Town.
Item moved to the November 12, 2007 Special Session agenda.
D.13 Discuss and take appropriate action relative to the Interlocal Agreement between the Town and
the Trophy Club MUDs to provide water supply and wastewater treatment and operational
services to the Town.
Item moved to the November 12, 2007 Special Session agenda.
D.14 Discuss and take appropriate action regarding the NISD Petition for annexation of Byron Nelson
High School site into MUD2.
Item moved to the November 12, 2007 Special Session agenda.
D.15 Discuss and take appropriate action to approve financials and variance report dated September
2007 (unaudited).
Council member Cates moved to approve financials and variance report dated September 2007. Mayor Pro Tem
seconded; motion carried unanimously.
D.16 Discuss and take appropriate action regarding Police Chief Kniffen's update and recommendation
on the police equipment and cars.
Item moved to the November 19, 2007 Regular Session agenda.
D.17 Items for Future Agenda.
Mayor Sanders asked Town Manager Emmons to research Chapter 3.21 of the Charter and bring back to
Council.
Council member Sterling asked that staff look into the cell phone tower landscaping and repainting.
Council member Wilson asked for an update on the rezoning of the east side Value Place Hotel sign.
D.18 Reports.
(a) Town Manager's Report to include a semi annually report of fence violations and the
disposition.
(b) Report from Council member Cates on her procurement card review for the past year and
provide direction for the new fiscal year.
(c) Report from EDC 4A Liaison, Council member Moss.
Item moved to the November 19, 2007 Regular Session agenda.
EA Adjourn.
Mayor Pro Tem Edstrom made a motion to adjourn at 1:35 a.m. Council memb"terling seconded; motion
ca {vied una ously.
Cisa Ramse , own Secreta
Y ry Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas