Minutes TC 02/15/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 15, 2010 7:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February
15, 2010. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Susan Edstrom Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Philip Sterling Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Lee Delk Police Commander
Danny Thomas Fire Chief
Kathy DuBose Finance Director
Carolyn Huggins Planning and Zoning Manager
Adam Adams Parks Director
Mayor White announced the date of February 15, 2010, called to order and announced a
quorum at 7:00 p.m.
Mayor White announced Council member Sterling's absence. Mayor White explained that the
Council's Goals and Objective have been added to the Agenda.
Invocation offered by Council member Wilson.
Pledges led by Fire Chief Thomas.
CITIZEN PRESENTATIONS:
No citizens addressed the Council
PROCLAMATION
1. 2010-99-T Consider and take appropriate action regarding a Proclamation declaring
February 21 -27,2010 as Severe Weather Awareness Week.
Town Council Minutes dated February 15, 2010 1
Mayor Pro Tem Strother read the proclamation.
Motion made by Edstrom, seconded by Rose proclaiming February 21 -27, 2010 as Severe Weather
Awareness Week
Motion passed unanimously without any discussion .
PUBLIC HEARING
Public Hearing opened at 7:07 P.M.
2. 2010-59-T Public Hearing to Consider an Amendment to PD-Planned Development District
No. 15, Known as "The Lakes of Trophy Club", Ordinance No. 96-07B, by amending Exhibit
C, "DEVELOPMENT STANDARDS, Item H. FENCESIWALLS to allow a maximum height of 8
ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of
Trophy Club. (PD AMD-10-033)
Kai Bidstrup, 308 Parkview -Supports the amendment.
Joelle Cuvelier, 23 Ridgewood Drive -Supports the amendment.
Mark Stuebe , 3 Parkway Court -Opposed the amendment.
Town Manager Emmons announced that Greg Lamont, President of the Homeowners Association for
The Lakes of Trophy Club was in attendance .
Planning and Zoning Chairman Hill was also in attendance .
Public Hearing closed at 7:08 P.M.
REGULAR SESSION
3. 2010-60-T Consider and take appropriate action regarding an Amendment to PD-Planned
Development District No. 15, Known as "The Lakes of Trophy Club", Ordinance No. 96-07B,
by amending Exhibit C, "DEVELOPMENT STANDARDS, Item H. FENCESIWALLS to allow a
maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association
for The Lakes of Trophy Club. (PD AMD-10-033)
Planning and Zoning Chairman Hill read the following statement:
The Lakes subdivision consists of five "villages": Meadow Ridge, Meadow Lakes, Lakeview,
Creekside , and Park View. The fence height requirements in the PD-15 development standards allow
a maximum height of 6-feet for side and rear yard fences . The Homeowners Association is requesting
to change the maximum height of side and rear yard fences from the current 6-feet maximum to a
height of 8-ft maximum. This change allows the HOA requirements to match the Town fencing
regulations which allow 8-ft. maximum side and rear fencing in straight zoning: Town regulations:
Front, Side & Rear Yards Eight feet (8') is the maximum height allowed for front, side and rear yard
fences, except as otherwise provided in Section C -Location , (4)(a) and (5)(a), of this Ordinance.
Section C -Location; (4) Golf Course Lots (a) All fences on lots facing or abutting a golf course shall
be constructed of ornamental metal and shall be a minimum of four feet (4') and a maximum of six feet
(5') in height. (5) Public Park Lots: (a) All fences on lots facing or abutting a public park or other land
designated for public recreational purposes shall be constructed of ornamental metal and shall be a
minimum of four feet (4') and a maximum of six feet (5') in height. This request applies to side and rear
yard fences ONLY -and is only a request to amend the HEIGHT allowance. Other development
standards such as fence material requirements -cedar, ornamental iron, masonry --will remain the
same . Requirements for perimeter fencing will remain the same . Fencing separating lots in the Park
View Village and Roanoke have always been allowed to be 8-feet in height.
Town Council Minutes dated February 15, 2010 2
Mayor White confirmed that the current (metal) fencing facing the amenities is still being maintained.
Council member Rose suggested read Section H FenceslWalis read shall rather than may.
Council member Edstrom explained that shall means will and may means might.
Town Attorney Adams said that this wording was discussed w ith the Planning Manager Carolyn
Huggins and may is the appropriate word.
Motion made by Edstrom , seconded by Strother to approve an Ordinance Amendment to PD-Planned
Development District No. 15, Known as "The Lakes of Trophy Club", Ordinance No . 96-07B, by
amending Exhibit C, "DEVELOPMENT STANDARDS , Item H . FENCESIWALLS to allow a maximum
height of 8-ft . for side or rear yard fencing .
Motion passed unanimously without further discussion .
4. 2010-90-T Receive an update from the ASA Volunteer Committee; discussion of same.
ASA Designated Liaison Wanda Franklin gave a brief presentation . Franklin said that community
interest has been lacking and her personal business staff of four ; have been working this Committee .
Franklin admitted while servicing to the ASA Committee is rewarding it can become costly .
Council member Edstrom suggested Ms . Franklin talk to the schools individually as opposed to
working through the School Board as , ultimately the School Board will refer her back to the individual
schools.
Mayor White stated that the lack of community interest could be contributed to a lack a communication .
White is happy to work with Ms . Franklin on avenues and means to promote this Committee
Council member Wilson thanked Ms . Franklin for her service. Wilson stated that there are many
willing hearts in Trophy Club that need to know how to help, and that the presentation will be televised
so hopefully that will help in spreading the word.
Council directed Staff to place the ASA Information and contact number on website .
No action , update only .
5. 2010-42-T Receive annual report from the Park Board; discussion of the same.
Park Board Chairperson, J .D . Stotts and Park Board member Larry Lentzner gave the presentation .
Chairperson Stotts announced a quorum of the Park Board
Council member Edstrom questioned the Board's proposal which eliminated all sports fields when
sports fields are desperately needed .
Mayor White stated that trails were identified by Trophy Club residents as number one of the top
thirteen recreational amenities and yet the Board is not proposing utilizing any of the open space for
trails .
Council member Wilson summarized that the developer gave a gift of crud and commended the Board
for their innovation trying to make do with what they were given . Wilson agrees that fields are
important , especially considering that the current fields are full of muck , however the last thing this
Council should approve is a make shift , less than desirable practice field that does not meet the sports
needs .
Town Council Minutes dated February 15 , 2010 3
Mayor White questioned the delay for the fields at Freedom Park. Board member Lentzner said that
he would work with the sub-committee to see if the delay can be pushed up and thanked the Staff and
Council for being so responsive.
Council member Edstrom asked Town Attorney Adams to forward the Council the proposition
language that the voters approved. Edstrom challenged Staff and the Park Board to check with the
engineer regarding swapping one dog park with fields considering the dog park will bump up to a
residential neighborhood. Edstrom requested to be provided all of the operational numbers and for the
Parks Director Adam Adams to send all of the information she provided to him to the Park Board.
Council member Wilson commended the group again and asked them to consider a skate park.
Update only, no action.
Council took a five minute break.
6. 2010-40-T Consider and take appropriate action regarding an Ordinance calling a
Joint/General/Special Election for May 8, 2010 for the purpose of electing two (2) Council
Members for Place #3 and Place #4 for two (2) year terms each and one (1) Council Member
for Place #5 for a three (3) year term to the Town of Trophy Club Town Council, and a
Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code
to determine whether the citizens desire to reauthorize the Local Sales and Use Tax in the
Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing
Revenue for Maintenance and Repair of Municipal Streets.
Town Manager Emmons said that the Ordinance has been changed clarifying that only one Council
member will be elected for Place 3 and one for Place 4.
Council member Wilson announced her resignation from the Town Council, effective February 23 ,
2010 . Wilson stated that since the Town is currently holding an election, there will be no additional
costs associated with a Special Election to fill her vacancy.
Town Attorney Adams changed the Ordinance to include language for a Special Election resulting from
Wilson's vacancy in Place #2 to serve a one (1) year term in order to complete the remainder of the
two (2) year term for Place #2 on the Trophy Club Town Council The Ordinance caption will read as
follows
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB , TEXAS , ORDERING
AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO BE HELD ON MAY 8, 2010 FOR THE
PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR A TWO (2) YEAR
TERM AND ONE (1) COUNCIL MEMBER PLACE #4 FOR A TWO (2) YEAR TERM AND ONE (1)
COUNCIL MEMBER FOR PLACE #5 FOR A THREE (3) YEAR TERM TO THE TOWN OF TROPHY
CLUB TOWN COUNCIL; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE
OF ELECTING ONE (1) COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO
COMPLETE THE REMAINDER OF THE TERM OF OFFICE FOR PLACE #2 CREATED BY A
VACANCY IN PLACE #2 ON THE TROPHY CLUB TOWN COUNCIL; AND ORDERING AND
CALLING A SPECIAL ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION 321.409
OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO
REAUTHORIZE THE LOCAL SALES AND USE TAX IN THE TOWN OF TROPHY CLUB A T THE
RATE OF ONE-FOURTH OF ONE PERCENT (025%) TO CONTINUE PROVIDING REVENUE FOR
MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNA TlNG A POLLING PLACE
WITHIN THE TOWN, APPOINTING A PRESIDING ELECTION JUDGE AND AN AL TERNA TE
PRESIDING ELECTION JUDGE, ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE
ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR
NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT; PROVIDING A
Town Council Minutes dated February 15, 2010 4
CUMULA TlVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICA TlON,
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE
Motion made by Edstrom, seconded by Rose to approve Ordinance calling a Joint/General/Special
Election for May 8, 2010 for the purpose of electing two (2) Council Members for Place #3 and Place
#4 for two (2) year terms each and one (1) Council Member for Place #5 for a three (3) year term to
the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to
Section 321409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the
Local Sales and Use Tax in the Town of Trophy Club at the rate of one-fourth of one percent (0 .25%)
to continue providing Revenue for Maintenance and Repair of Municipal Streets, with the appropriate
amendments calling a Special Election as a result of a vacancy in Place #2 to serve a one (1) year
term in order to complete the remainder of the two (2) year term for Place #2 on the Trophy Club Town
Council.
Motion passed unanimously without further discussion .
A. Approve a Joint Election Contract with Denton County
Motion made by Edstrom , seconded by Wilson to approve a Joint Election Contract with Denton
County
Motion passed unanimously without any discussion
B. Approve a Joint Election Agreement between the Town of Trophy Club and Trophy Club
Municipal Utility District No.1.
Motion made by Wilson, seconded by Edstrom to approve a Joint Election Agreement between the
Town of Trophy Club and Trophy Club Municipal Utility District 1\10. 1.
Motion passed unanimously without further discussion.
Motion made Edstrom to reconsider, Rose seconded
Motion to reconsider passed unanimously without any discussion .
Motion made by Edstrom , seconded by Rose to approve a Joint Election Agreement between the
Town of Trophy Club and Trophy Club Municipal Utility District No . 1, including the amendments made
to the Election Ordinance , regarding Place 2.
Motion passed unanimously without further discussion .
Mayor White moved Item 10 up .
10. 2010-97-T Consider and take appropriate action regarding an Ordinance amending Article
VIII, "Tree Preservation and Removal", Section 8.08 (G), "Approved Median and Right-of
Way Tree Planting List" of Chapter 12 "Subdivision Rules and Regulations," of the Code of
Ordinances of the Town, in order to remove and add trees to the "Approved Median and
ROW Tree Planting List", and providing an effective date.
The Tree Board made recommendations to amend the Approved Median and ROW Tree List.
Tree Board Chairperson, Deandra Pugh explained that the amendments are not significant changes .
Pugh thanked the Council for the recent amendments approving more Board members and that she
Town Council Minutes dated February 15 , 2010 5
,
,
would love to have additional members. Pugh stated that the Board is currently working on
implementation of educational information .
Town Manager Emmons thanked the Tree Board for their hard work. Emmons appreciates that the
Live Oak was removed from the list as they have low hanging branches that cause visibility issues.
Motion made by Edstrom , seconded by Wilson approving an Ordinance amending Article VIII , "Tree
Preservation and Removal", Section 8 .08 (G), "Approved Median and Right-of-Way Tree Planting List"
of Chapter 12 "Subdivision Rules and Regulations," of the Code of Ordinances of the Town , in order to
remove and add trees to the "Approved Median and ROW Tree Planting List", and providing an
effective date .
Council member Rose suggested the Tree Board consider removing more trees and adding others and
provided a list of those trees . Chairperson Pugh invited Council member Rose to participate in the
Tree Board meetings .
Motion passed unanimously without further discussion .
7. 2010-94-T Consider and take appropriate action regarding financial and variance report
dated: a. January 2010
The January 2010 monthly financial report was presented in a format that provides the comparison of
monthly and year to date actual amounts to the current fiscal year budget.
Town Manager Emmons stated that all departments look good . The Manager's Office line is over as a
result of the November Election However, in general , to date all looks good .
Motion made by Rose , seconded by Edstrom to approve financial and variance report dated January
2010
Motion passed unanimously without further discussion .
8. 2010-92-T Consider and take appropriate action regarding the approval of Resolutions
authorizing the submission of grant applications as follows:
Both of these programs would be new grants and, if funded , would be funded at 100 % the first year ,
80% the second year, and 60% the third year. As it stands now, two additional years could be
requested but would be funded at no more than 40% each year. Officials of NISD have contacted
Staff regarding a Resource Officer and indicated that they are willing to partially fund one Officer next
fiscal year. The activity Staff has experienced at the four schools indicates that there is a significant
need for one full-time Resource Officer at the high school and one Resource Officer to work primarily
with the middle and elementary schools , while still performing the investigative work that our current
SRO/Juvenile Investigator performs . The deadline for applicat ions is March 5 , 2010. Staff respectfully
requested approval of these resolutions .
A. A Resolution approving the submission of the grant application for the High School
Resource Officer Program for the 2010-2011 fiscal year, designating the Town Manager
as the authorized official for the Town, and authorizing the Town Manager or his
designee to execute all necessary documents.
B. A Resolution approving the submission of the grant application for the School Resource
Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the
Town Manager as the authorized official for the Town, and authorizing the Town
Manager or his designee to execute all necessary documents.
Town Council Minutes dated February 15 , 2010 6
Motion made by Edstrom, seconded by Wilson to approve both grant application submissions for the
School Resource Officer Program for the 2010-2011 fiscal year and the School Resource
Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the Town Manager as
the authorized official for the Town, and authorizing the Town Manager or his designee to execute all
necessary documents.
Council member Rose questioned the funding of the position. Town Manager Emmons explained that
the Grants would fund 100% the first year, 80% the second year, and 60% the third year. Two
additional years could be requested but would be funded at no more than 40% each year. Officials of
NISD have contacted Staff regarding a resource officer and indicated that they are willing to partially
fund one officer next fiscal year Emmons concluded, if funded, it will not impact the next fiscal year
Motion passed unanimously without further discussion.
9. 2010-98-T Consider and take appropriate action authorizing the expenditure of GASe funds
not to exceed $15,774.00 for repair and resurfacing of the small Trophy Club community
pool and authorizing Town Manager Emmons or his designee to execute necessary
documents.
Both the Town and EDC 4A have contributed to the GASB line for the purpose of infrastructure repair
and replacement at the pool facility. The monies will be used this year to move ahead with the
resurfacing of the small pool as anticipated and work on the main pool in the 2011-12 budget year.
Motion made by Edstrom, seconded by Rose authorizing the expenditure of GASB funds not to exceed
$15,77 4.00, with a 10% overage contingency if necessary, for repair and resurfacing of the small
Trophy Club community pool and authorizing Town Manager Emmons or his designee to execute
necessary documents.
Motion passed unanimously without further discussion
11. 2010-103-T Consider and take appropriate action regarding a Resolution approving a sole
source purchase from Innoprise Software, Inc.; and providing an effective date.
Mayor White explained that this software will replace the current Financial System. The Innoprise Web
Based Suite of Local Government Software Applications is available only though the sole source
provider, Innoprise Software, Inc. A "sole source" or proprietary purchase is allowed under State
purchasing laws and the Town's purchasing policy when a product or service has a unique feature that
is not shared by others or provides a compelling distinction which sets one vendor apart from another
in the marketplace. White explained that the system is integrated and removes manual entry and pulls
over the Town's historical data
Town Manager Emmons stated that this process was started last lIJIay in conjunction with budget
Staff needs a system that will better help with the compliance of the Charter Requirements while still
being user friendly.
Motion made by Rose, seconded by Edstrom approving a Resolution approving a sole source
purchase from Innoprise Software, Inc.; and providing an effective date.
Motion passed unanimously without further discussion.
12. 2010-100-T Consider and take appropriate action regarding the Intergovernmental Contract
for Employee Services between the Town of Trophy Club and TCMUD No.1.
Town Council Minutes dated February 15,2010 7
l
Town Manager Emmons spoke to the proposal that he presented to the SEMO Group earlier that day.
Emmons stated that there are some discrepancies in what the actual costs of the benefits might be.
Emmons said that he had a positive feeling after the meeting_
Town Attorney Adams confirmed that the MUD Agenda is posted for a potential Town Council
Quorum_
Mayor White stated that the SEMO group promised to provide a copy of the Financial RFQ. It was
determined that the RFQ did not exist and was an estimate only_ Therefore Town Manager Emmons
submitted a proposal based on that information.
Council member Wilson commented on the Organization Chart and the MUD Manager falling under
the Town_ Town Manager Emmons explained that this represents the MUD Manager as an employee
of the Town, thus eligible to receive all of the insurance benefits, TMRS, etc_ Town Manger Emmons
said that it will take some finesse and cooperation on both parties_ Council member Wilson questioned
if the organization chart, as presented might throw a kink in the plan.
Mayor White suggested adding a note to the chart explaining the dotted line as operational and
represents the contractual agreement
Council member Wilson explained that the Town needs to finesse and be humble when presenting
their proposal to the MUD Board as the Town is, in essence interviewing for a job_ Town Manager
Emmons and Mayor White agreed and added that the Town is offering a service and that there is a
tradeoff_ Hopefully, the governing bodies will look at this as a opportunity to move things forward_
Council member Rose commented that the dotted line from the shared employees to the MUD
Manager should go away_ Town Manager Emmons explained that the dotted line represents the
contractual obligation_ Council member Rose understood, but stated that the services,
communications and direction needs to be clarified_
No action taken
13. 2010-96-T Items for Future Agendas.
Council member Rose retracted Item 12, Consider and take appropriate action regarding contents of
permit application. (Rose 211110)
Mayor White clarified that the Tree Board did not wish to expand their scope regarding Beautification_
Tree Chair, Deandra Pugh stated that the Board would be willing to take on duties if clearly defined by
the Council; however the additional duties were not specific. Council member Wilson stated that
considering this was her item she will forward a list of duties for the Tree Board to consider
Council member Wilson hopes that the Council will keep an eye on Item 3, The Library Focus Group
and Item 4, Culvert issues on Skyline Park and said that it is okay to remove Item 5, To receive a
report from Town Manager Emmons regarding option to alleviate the congestion of games/practices on
the baseball and the parking issues, Item 7, Discussion of the concept for term limits for Committees
and Item 9, Issuance of debt as it relates to the Park Bond Election. Wilson asked the Council to add
back an Item discussing the lakes/ditches_
14. 2010-95-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
Mayor White provided a brief update on her attendance at the following meetings and events
-February Chamber Luncheon
-Northeast Leadership Forum
-NCP Meeting
Town Council Minutes dated February 15, 2010 8
-NLF Mayor's Roundtable Dinner
-Coming Soon : Please join US. Congressman Michael C. Burgess for a Trophy Club/Roanoke Town
Hall Meeting on Saturday, February 27,2010 at 10 :00 a.m. The Town Hall meeting will be conducted
at the Byron Nelson High School Auditorium .
Mayor Pro Tem Strother commended Mayor White for taken such an active role and participating in all
of the meetings and events .
Council convened into Executive Session at 10:23 P.M .
EXECUTIVE SESSION
15. 2010-101-T Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee: Town Attorney -Patricia Adams
Council reconvened into Regular Session at 11:30 P.M.
RECONVENE INTO REGULAR SESSION
16. 2010-102-T Consider and take appropriate action relative to the discussion held in
Executive Session, File 10 2010-101-T.
No action taken .
ADJOURN
Motion to adjourn made by Wilson, seconded by Edstrom Meeting Adjourned at 11 :30p .m
'"~ iJtP/la ..L
Lisa Hennek , Town Secretary ~onnie White , Mayor
Town of Trophy Club , Te xas Town of Trophy Club , Texas
Town Council Minutes dated Feb r uary 15, 2010 9