Minutes TC 09/24/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, September 24, 2007
7:00 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, September
24, 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
Philip Sterling
Kathleen Wilson
TOWN COUNCIL MEMBERS ABSENT:
Jim Moss
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Stephen Seidel
Sakura Moten-Dedrick
Patricia Adams
Adam Adams
Scott Kniffen
Danny Thomas
Carolyn Huggins
Shannon DePrater
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Assistant Town Manager
Finance Director
Town Attorney
Parks and Recreation Director
Police Chief
Fire Chief
Planning Coordinator
Computer Support Specialist
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Council member Sterling gave the Invocation.
A.3 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."
Council member Cates led the Pledges.
A.4 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.
No citizen presentations.
A.5 Presentation by Council member Cates regarding America Supporting Americans and
discussion of same.
Council member Cates made a presentation to the Council. Cates shared that the program has been
expanded to include the adoption a specific military person. Cates expressed that she has already spoke
to the schools and has received a lot of support. Cates gave a list of acceptable and unacceptable items
and deadlines for shipping.
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.
B.1 Consent Agenda: Discuss and take appropriate action to approve the variance report
dated July 2007.
Motion made by Mayor Pro Tem Edstrom, seconded by Council member Sterling to approve the variance
report dated July 2007. Motion passed unanimously without further discussion.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:11 P.M.
CA Public Hearing: Staff and public comments relative to the Service and Assessment Plan
for Authorized Services (Emergency Services) for the Trophy Club Public Improvement
District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special
Assessments against the Property in PID No. 1 and matters contained in the proposed
Ordinance.
No presentations.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 7.12 P.M.
D.1 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 for
Authorized Services and Assessment Roll for the Town Of Trophy Club Public
Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special
benefit to the property in the district; levying special assessments against property within
the district; 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 assessment; providing penalties and interest on delinquent
assessments, providing for severability; providing for engrossment and enrollment; and
providing an effective date.
Motion made by Mayor Pro Tem Edstrom; seconded by Council member Cates to approve the Service
and Assessment Plan for Authorized Services and Assessment Roll from the Town of Trophy Club Public
Improvement District No. 1.
Motion passed unanimously without further discussion with Mayor Pro Tem Edstrom, Council members
Cates, Sterling and Wilson voting for.
D.2 Discuss and take appropriate action regarding an Ordinance adopting and approving the
Budget for the fiscal year beginning October 1, 2007, and ending September 30, 2008.
Motion made by Mayor Pro Tem Edstrom; seconded by Council member Cates to approve the Budget for
the fiscal year beginning October 1, 2007 and ending September 30, 2008.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal
Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2007, and ending
September 30, 2008.
Council member Sterling moved that property taxes be increased by the adoption of a tax rate of .43051.
Mayor Pro Tem Edstrom seconded.
Mayor Sanders reiterated that the actual tax rate is not being increased; however, the tax revenues
generated from the tax rate is increasing, due to increasing appraisal value on existing homes and any
new homes. The tax rate will remain unchanged from last year, but due to legislation, the language
incorporated in the motion is required.
Motion passed unanimously without further discussion with Mayor Pro Tem Edstrom, Council members
Cates, Sterling and Wilson voting for.
D.4 Discuss and take appropriate action to ratify the property tax increase reflected in the
previously approved Town Budget for the fiscal year beginning October 1, 2007, and
ending September 30, 2008.
Mayor Pro Tem Edstrom moved that this budget will raise more total property taxes than last year's
budget by $271,769, not including rollback, or 9.4% and of that amount, $95,266 ($22,128,652 new
taxable value) is tax revenue to be raised from new property added to the tax roll this year. Council
member Cates seconded.
Mayor Sanders explained that this is a new motion required by legislation for any budget that is adopted
on or after September 1, 2007.
Motion passed unanimously without further discussion with Mayor Pro Tem Edstrom, Council members
Cates, Sterling and Wilson voting for.
D.5 Discuss and take appropriate action regarding a Resolution approving the tax roll of the
Denton Central Appraisal District for 2007.
Motion made by Council member Sterling to approve a Resolution approving the tax roll of the Denton
Central Appraisal District for 2007. Council member Wilson seconded; motion passed unanimously
without further discussion.
D.6 Discuss and take appropriate action repealing Resolution 2006-24 and adopting a new
Resolution appointing members to serve on EDC 4A, EDC 4B, Planning and Zoning
Commission, Tree Board, Zoning Board of Adjustment and the Parks and Recreation
Board.
A. EDC 4A appointments
B. EDC 4B appointments
C. Planning and Zoning appointments
D. Tree Board appointments
E. Zoning Board of Adjustment appointments
F. Parks and Recreation appointments
Mayor Pro Tem Edstrom moved to appoint T. Dwight Morrow and Richard Bell to two-year terms, expiring
in 2009 to the Economic Development Corporation 4A Board. Council member Wilson seconded; motion
carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint James Hick to a one-year term, expiring in 2008 and appoint
Larry Crosser, Rebecca Shuman, Damian Olthoff and Doyle Nicholson to two-year terms, expiring in
2009 to the Economic Development Corporation 4B Board, leaving one vacant position, expiring in 2008.
Council member Cates seconded; motion carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint Gene Hill, Clayton Reed, Alejandro Sanchez and Dale Forest
to two-year terms, expiring in 2009 to the Planning and Zoning Commission. Council member Cates
seconded; motion carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint Steven Kohs and Rick Merrill to the Tree Board. Council
member Cates seconded. After further discussion, Edstrom amended her motion to appoint Steven Kohs
to a one-year term, expiring in 2008, appoint Rick Merrill to two-year term, expiring in 2009, and leave the
remaining two-year term vacant, so once filled, the person will not be up for reappointment so soon.
Cates seconded; motion carried unanimously without further discussion.
Mayor Pro Tem Edstrom moved to reappoint all current members to the Zoning Board of Adjustment and
to appoint David Equitz, Bob Downey and James Aenchbacher as regular members, James Isherwood as
an alternate member to two-year terms, expiring in 2009 and Bob Radder and Margi Cantrell as regular
members to one-year terms, expiring in 2008. After further discussion, Edstrom amended her motion to
appoint Michael Price as an alternate to a two-year term, expiring in 2009 and Kevin Barry and Doyle
Nicholson as alternates for a one-year term, expiring in 2008. Cates seconded; motion carried
unanimously without further discussion.
Mayor Pro Tem Edstrom moved to appoint Sally Ridgeway to a two-year term, expiring in 2009 and JD
Stotts, Barbara Kadow, Stephen Skeen and Steven Kohs to three year terms, expiring in 2010, leaving
one vacant seat, set to expire in 2009. Council member Wilson seconded; motion carried unanimously
without further discussion.
Motion made by Mayor Pro Edstrom to adopt resolution and appointing all members to all above
appointments. Council member Sterling seconded; motion carried unanimously without further
discussion.
D.7 Discuss and provide input 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. Service and Assessment Plan for authorized public improvements
B. Discussion of Parkland Improvements for the PID and related Town parkland
improvements.
C. Acquisition, Funding, and Construction Agreement
D. Indenture of Trust for the proposed bond issuance to finance public improvements.
E. Preliminary Limited Offering Memorandum
Bond Counsel, Lila Marsh stated that the documents in the packet have not been changed and asked the
Council for questions.
Discussion ensued regarding parkland and the designation of funds. Ms. Marsh stated that the Attorney
General's Office expressed concern of existing pool expansion concerning benefits to the PID and the
Town at large. Director Adams has offered to provide a letter to the Attorney General as to how pool
improvements will benefit the development. Ms. Marsh also stated that she feels that a menu type list of
potential improvements that includes a list of what is already at capacity as well as provides a budget for
each improvement may satisfy the Attorney General.
Ms. Marsh asked that Council and Staff push forward with the necessary agreements and not to delay the
schedule.
D.8 Discuss and take appropriate action relative to the Interlocal Agreement between the Town
and the Trophy Club MUDS to provide water and wastewater operational services to the
Town.
Attorneys are still working on agreement, no action taken.
D.9 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.
Attorneys are working on the terminology for the contract, no action taken.
D.10 Discuss and take appropriate action authorizing the Town Manager to initiate research for
a consultant or consultants to analyze the Operation of the Town and Utility Districts as
El
related to cost saving options and possible tax savings for MUD 2 residents if the Town
were to dissolve MUD 2.
Mayor Sanders reminded Council that representatives from Council, MUD 1 and MUD 2 met in early
2006. Sanders shared the goals and objectives, facts and the various scenarios that were evaluated at
that time.
Sanders went on to state the status of each entity in this process and how the Town can move forward.
New objectives and questions were presented, along with possible savings and steps to be taken were
shown in the presentation.
Discussion ensued regarding different possibilities of moving forward and the inclusion of a third party to
help.
Mayor Pro Tem Edstrom made a motion to authorize Town Manager Emmons to research the different
possibilities, not to expend funds. Council member Sterling seconded; motion passed unanimously.
D.11 Items for Future Agenda.
Mayor Sanders stated that the main objective for this agenda item is to allow adequate notice for citizens
to see what is coming forward. The second objective is to help Council not loose track of items and to set
priorities for Staff.
Council member Cates recommended removing item three regarding the drainage ditch from the list.
After some discussion, it was decided to leave this item on the list and allow staff the opportunity to
review and give an update and recommendation.
Council member Wilson asked that her attendance at the grant seminar be added to the list of future
agenda items.
Questions arose as to why not all items are placed on the future agenda items list. Mayor Sanders stated
that it is due to timing; if the agenda item requested is placed on the next meeting agenda, it does not get
added to the future agenda items list.
D.12 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) Report from EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
Council member Sterling and Town Manager Emmons updated the Council.
The Council did not convene into Executive Session
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071(2)
"Consultation with Attorney", the Council will enter into closed executive session to
consult with the Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with the Open Meetings Act:
(1) Legal advice relative to the interlocal agreements between the Town and the Trophy Club
MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance
and billing services and options available to the Town for providing water and wastewater
services.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
F.1 Adjourn.
Motion made by Council member Sterling, seconded by Mayor Pro Tem Edstrom to adjourn.
Meeting adjourned at 9:23 p.m.
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Town Secretary
Town of Trophy Club, Texas
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/,Susan Edstrom, Mayor Pro Tem
Town of Trophy Club, Texas